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30 November 2023
Lutcher Man Sentenced for Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – Today, United States District Judge Carl Barbier sentenced JUAN CAZES to 216 months imprisonment for conspiracy to possess with intent to distribute five hundred (500) grams or more of a mixture and substance containing a detectable amount of methamphetamine and possession with intent to distribute five hundred (500) grams or more of a mixture and substance containing a detectable amount of methamphetamine, in violation of the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
CAZES was indicted on November 4, 2021 for possessing with intent to distribute approximately two (2) pounds or 909 grams of crystal methamphetamine. According to court documents, CAZES planned to sell the crystal methamphetamine to a confidential source. Following completion of his prison term, CAZES will face five years of supervised release. He is also required to pay a $200 mandatory special assessment fee per count.
U. S. Attorney Duane A. Evans praised the work of the Drug Enforcement Administration, the St. James Parish Sheriff’s Office, St. Charles Parish Sheriff’s Office, Terrebonne Parish Sheriff’s Office, Lafourche Parish Sheriff’s Office, and the Jefferson Parish Sheriff’s Office. The case was prosecuted by Assistant United States Attorneys Rachal Cassagne and J. Benjamin Myers of the Narcotics Unit.
Lumberton Gang Member Convicted of Illegal Firearm PossessionRead the Press Release
NEW BERN, N.C. – A federal jury convicted Quillan Inman, 33, this week on charges of being a felon in possession of a firearm. Inman is a previous felon and validated gang member from Lumberton.
According to court records and evidence presented at trial, members of the narcotics unit with the Robeson County Sheriff’s Office were conducting surveillance near Perritt’s Grocery in Lumberton on November 14, 2020 when they saw a vehicle cross the center line. Deputies attempted to make a traffic stop, but the vehicle fled for a short time and surpassed 90 mph during the chase. Ultimately the vehicle stopped, and the driver fled. Inman was a passenger in the vehicle and a deputy ordered him to step out of the vehicle when he saw Inman making a stuffing motion towards the front of his hooded sweatshirt. As Inman stepped out of the vehicle, the deputy saw the handle of a handgun sticking out of the pocket of the hoodie. He immediately cuffed Inman, who attempted to reach for the gun as the deputy patted him down. The deputy also recovered suspected cocaine and suboxone strips. A search of the vehicle revealed three more firearms.
Inman faces up to 10 years in prison when sentenced. He was previously convicted in N.C. state court of robbery with a dangerous weapon and two counts of second-degree kidnapping. He was charged with attempted first-degree murder in 2019, but the charges were later dismissed.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Louise W. Flanagan accepted the verdict. The FBI and Robeson County Sheriff’s Office investigated the case and former Assistant U.S. Attorney Chad Rhoades, Assistant U.S. Attorneys Lori Warlick and Phil Aubart prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.7:22-cr-00007-FL-1.
Louisiana Police Officer Sentenced for Civil Rights Violation in Dangerous Assault of a Non-Violent ManRead the Press Release
A former officer of the Shreveport, Louisiana, Police Department, Dylan Hudson, 37, was sentenced yesterday to 21 months in prison and three years of supervised release for assaulting a non-violent loitering suspect. Hudson was convicted earlier this year after a four-day trial.
“This defendant’s use of force was grossly excessive, inhumane and potentially fatal. The defendant repeatedly hit a nonviolent suspect in the head, kicked him in the face, tased him multiple times and pistol-whipped him in the head,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When an officer so grievously abuses the authority entrusted to him by his community, the Justice Department will respond with the full force of the law.”
“The defendant’s conduct was not representative of the oath he once swore to uphold as a law enforcement officer,” said U.S. Attorney Brandon B. Brown for the Western District of Louisiana. “When the federal government learns of such egregious conduct and we feel criminal civil rights charges can be proven beyond a reasonable doubt, we will seek to hold those responsible accountable with an ancillary goal of restoring, and in some cases establishing, public trust in state, local and federal law enforcement.”
“The jury verdict and sentencing send a clear message to those who wear the badge and to the public that sickening conduct like that of Hudson’s will simply not be tolerated,” said Special Agent in Charge Douglas A. Williams Jr. of the FBI New Orleans Field Office. “The FBI is committed to ensuring those who violate the public’s trust are held accountable.”
The evidence at trial established that Hudson physically assaulted a loitering suspect during a daytime arrest in Shreveport. During the arrest, Hudson repeatedly struck the suspect in the head and face. The conduct showed by police body-worn cameras included several potentially deadly uses of force, including striking the man in the head with a loaded pistol, tasing him at the base of the skull and kicking him in the face. Hudson’s fellow officers testified that the loitering suspect was non-violent throughout the entire arrest, and that Hudson’s repeated violations of training and policy created a danger not only to the suspect, but to others as well.
The FBI New Orleans Field Office investigated the case.
Trial Attorney Thomas Johnson of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Mary Mudrick for the Western District of Louisiana prosecuted the case.
Los Angeles Man Convicted in Large-Scale Marriage Fraud SchemeRead the Press Release
BOSTON – A Los Angeles man was convicted on Thursday by a federal jury in Boston for his role in operating a large-scale marriage fraud “agency” that arranged hundreds of sham marriages entered into for the primary purpose of circumventing immigration laws.
Engilbert Ulan, 42, a Philippine national residing in Los Angeles, was convicted of conspiracy to commit marriage fraud and immigration document fraud. U.S. District Court Judge Denise J. Casper scheduled sentencing for March 6, 2024. Ulan was arrested and charged along with 10 others in April 2022 in connection with the marriage fraud “agency” operated by Marcialito “Mars” Benitez.
“Mr. Ulan played a key role in operating a fraudulent marriage “agency” that arranged over 300 sham marriages that aimed to subvert immigration laws. It was a systematic fraud on the U.S. government.” said Acting United States Attorney Joshua S. Levy. “Marriage fraud is a serious offense that undermines the foundation of our nation’s immigration system. Mr. Ulan and his co-conspirators not only exploited our immigration system for personal gain, but also compromised the United States’ principles of welcoming immigrants and prospective citizens. The swift and decisive enforcement action taken in this case reflects our commitment to preserving the integrity of the immigration process and upholding the values that have defined this nation.”
“It is the utmost honor and privilege to become an American citizen, but Engilbert Ulan made an absolute sham of that process. Mr. Ulan and his co-conspirators broke immigration laws that are in place to protect public safety and created an unfair disadvantage for those seeking to earn their citizenship lawfully,” said Jodi Cohen, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Today’s conviction should serve as a warning to others that the FBI and our law enforcement partners are united in our efforts to disrupt and dismantle large-scale criminal enterprises like this one that seek to circumvent our laws by fraudulent means.”
“For six years, this fraudster made thousands of dollars by operating a fake agency aimed at creating marriage fraud,” said Chad Plantz, Special Agent in Charge of Homeland Security Investigations in San Diego. “The sham marriages and illicit immigration benefits discovered in this case wasted countless federal resources which delayed an unknown number of legitimate marriages between foreign nationals and U.S. citizens, and threatened national security by enabling individuals to remain in the country through deceit. HSI and our partnered agencies will dismantle organizations that look to exploit our nation’s immigration system.”
Ulan worked for what he and others referred to as an “agency” that arranged hundreds of sham marriages between foreign national “clients” and United States citizens, including at least one foreign national who resided in Massachusetts. The agency then prepared and submitted false petitions, applications and other documents to substantiate the sham marriages and secure adjustment of clients’ immigration statuses for a fee of between $20,000 and $30,000 in cash.
After pairing foreign national clients with citizen spouses, the agency booked appointments to stage fake wedding ceremonies at chapels, parks and other locations, performed by hired online officiants. For many clients, the agency would take photos of undocumented clients and citizen spouses in front of prop wedding decorations for later submission with immigration petitions.
Evidence presented at trial established that, starting in or around 2019, Ulan worked out of brick-and-mortar offices in Los Angeles with Benitez and other co-conspirators. Among other things, Ulan conducted practice interviews with the agency’s clients and their fake spouses for the purpose of preparing the couples to pass required interviews with immigration authorities. Ulan coached the sham couples to provide the same, fabricated answers to questions posed during green card interviews and conceal the fraudulent nature of the marriages.
Ulan assisted clients with preparing fraudulent marriage and immigration documents, including fabricating supporting documents submitted as “evidence” of the marriage’s legitimacy. Ulan also rented out the use of his apartment address to clients who lived outside of Los Angeles so they could list his address as their own on green card applications and related documents, to make it appear to immigration authorities that they were living with their sham spouses in the Los Angeles area. Ulan also received cash commissions for referring new clients to the agency.
During Ulan’s involvement in the conspiracy, between approximately December 2019 and March 2022, the agency arranged sham marriages and submitted fraudulent immigration documents for over 300 clients.
Ulan is the 10th defendant to be convicted in this case, with nine of his co-defendants having pleaded guilty. Benitez pleaded guilty on Sept. 27, 2023 and is scheduled to be sentenced on Jan. 10, 2024.
The charge of conspiracy to commit marriage fraud and immigration document fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of $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 U.S. Attorney Levy, FBI SAC Cohen, HSI SAC Plantz and Alanna Ow, Director of U.S. Citizenship & Immigration Services, San Diego District made the announcement today. Assistant U.S. Attorneys David M. Holcomb and Leslie A. Wright of the Securities, Financial & Cyber Fraud Unit are prosecuting the case.
Long-time Laredo drug dealer heads to prison for selling “China White”Read the Press Release
LAREDO, Texas – A 39-year-old man has been sentenced for possessing with the intent to distribute fentanyl, announced U.S. Attorney Alamdar S. Hamdani.
Jose Pedro Garcia pleaded guilty Aug. 8.
U.S. District Judge Marina Garcia Marmolejo has now ordered Garcia to serve 286 months in federal prison to be immediately followed by five years of supervised release. In handing down the sentence, the court noted that Garcia was selling poison and had been trafficking drugs that have been killing people for a long time. The court also emphasized the harm Garcia had done over the years in selling these drugs.
On May 26, authorities executed a search warrant at Garcia’s residence. At that time, they found multiple small plastic baggies, each containing various types of suspected narcotics. Authorities seized, separated, weighed and ultimately identified them as heroin, meth, cocaine base and fentanyl.
Garcia later admitted to selling drugs for approximately 10 years and started with crack cocaine, then meth, but ultimately moved on to “China White,” because it gave people a stronger high and was more popular. Garcia also color coded the bags to differentiate between the drugs.
“China White” is slang for fentanyl, a Schedule II-controlled substance.
The Drug Enforcement Administration, Homeland Security Investigations, Customs and Border Protection, Border Patrol and the Laredo Police Department Narcotics Division conducted the investigation. Assistant U.S. Attorney Brian Bajew prosecuted the case.
The case was prosecuted as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is the largest anti-crime task force in the country. 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 on the Department of Justice’s OCDETF webpage.
More information on the dangers of fentanyl can be found on the DEA’s website. #OnePillCanKill
Local businesses owner and employee each plead guilty to filing false tax returns after failing to report nearly $4 million in incomeRead the Press Release
ATLANTA – Ronald S. Zieve, the owner of Hair Restoration Specialists, Inc. (“HRS”), and Marshall Boyd, the co-director of HRS, have each pleaded guilty to one count of filing a false tax return. Since 2018, Zieve deliberately failed to report approximately $3.2 million in income, and Boyd deliberately failed to report approximately $790,000 in income.
“These defendants behaved as if our tax laws did not apply to them,” said U.S. Attorney Ryan K. Buchanan. “People who cheat on their taxes, file false returns, or fail to pay taxes owed are subject to investigation and prosecution.”
“Filing false tax return documents to hide income is stealing from the U.S. government,” said Demetrius Hardeman, Acting Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “On behalf of the honest, law-abiding taxpayers, IRS Criminal Investigation, the Department of Justice and other law enforcement agencies will continue investigating and holding individuals accountable who willfully shirk their tax responsibilities to honestly report their income.”
According to U.S. Attorney Buchanan, the charges, and other information presented in court: Ronald Zieve failed to properly report income he earned from HRS for tax years 2017, 2018, 2019, 2020, and 2021. In March 2021, for example, Zieve filed an IRS-1040 form for tax year 2020 that falsely reported his “other income” as $107,070 when, in fact, Zieve knew he had earned more than $1 million in other income.
An investigation of the defendants, including through the execution of a search warrant at HRS’s office, and a review of relevant business, bank, and tax records, revealed that Zieve deliberately concealed his actual income from the IRS in a variety of ways. Zieve, for instance, improperly classified personal expenses as business expenses and hid his income by directing it into bank accounts of other businesses that he controlled, but which did not actually engage in any business activities. As a result of Zieve’s failure to report approximately $3.2 million in income, he caused a tax loss to the United States of approximately $1 million.
Investigators also learned that since 2016, Zieve had been paying Boyd hundreds of thousands of dollars in cash commissions that Boyd never reported to the IRS. In February 2021, for example, Boyd filed an IRS-1040 form for the tax year 2020 that falsely reported “other income” of “$0” when, in fact, Boyd knew that he had earned approximately $191,000 in other income. As a result of Boyd failing to report approximately $790,000 in income, he caused a tax loss to the United States of approximately $266,000.
Ronald S. Zieve, 75, of Atlanta, Georgia, and Marshall Boyd, 50, of Douglasville, GA, Georgia, each pleaded guilty to one count of filing a fraudulent tax return. Sentencing is scheduled for March 5, 2024, beginning at 10:00 a.m. before U.S. District Judge Thomas W. Thrash, Jr.
This case is being investigated by the Internal Revenue Service-Criminal Investigation.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Las Vegas Doctor Convicted of Unlawful Distribution of Opioid MedicationsRead the Press Release
LAS VEGAS — A federal jury in Las Vegas convicted a Las Vegas doctor Tuesday of unlawfully distributing opioid pain medications in violation of the Controlled Substances Act.
According to court documents and evidence presented at trial, Dr. William Alvear (68), of Las Vegas, unlawfully distributed Hydrocodone without a legitimate medical purpose and outside the usual course of professional practice. Hydrocodone, a Schedule II controlled substance, has a high potential for abuse and can lead to severe psychological or physical dependence. In addition, Alvear unlawfully distributed and dispensed Alprazolam, common brand name Xanax. Alprazolam is a Schedule IV controlled substance that also has the potential for abuse and can lead to psychological or physical dependence.
The jury convicted Alvear of three-counts of distributing a controlled substance – Schedule II and five-counts of distributing or dispensing a controlled substance – Schedule IV. The six-day jury trial was held before U.S. District Judge Cristina D. Silva.
Alvear faces a statutory maximum sentence of 20 years imprisonment, a fine of $1,000,000, and three years of supervised release. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.
The FBI investigated the case. Assistant U.S. Attorneys Supriya Prasad and Kimberly Sokolich are prosecuting the case.
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Lafayette Man Sentenced to 57 Months Imprisonment for Federal Gun OffenseRead the Press Release
NEW ORLEANS, LOUISIANA – On November 29, 2023, U.S. District Judge Jane Triche Milazzo sentenced DAVON EUGENE to 57 months in the Bureau of Prisons for possession of a machine gun and being a felon in possession of a firearm in violation of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
EUGENE was indicted on January 22, 2021 for possessing a machinegun, a Glock Model 26, 9 mm handgun, bearing serial number XPT053, equipped with a Glock auto-sear, while being a convicted felon. EUGENE will serve 57 months in prison to be followed by three years of supervised release and a $100 mandatory special assessment fee.
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.
U. S. Attorney Duane A. Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution was handled by Assistant United States Attorney Rachal Cassagne of the Narcotics Unit.
Kenner Man Sentenced After Pleading Guilty to Misprision of a FelonyRead the Press Release
NEW ORLEANS, LOUISIANA – RYAN MOREAU, age 30, a resident of Kenner, Louisiana, was sentenced on November 29, 2023 by United States District Judge Jane Triche Milazzo to time served, 1 year of supervised release, and a $100.00 mandatory special assessment fee after previously pleading guilty to misprision of a felony, a violation of Title 18, United States Code, Section 4, announced U.S. Attorney Duane A. Evans.
According to court documents, on November 19, 2020, a Jefferson Parish Sheriff’s Deputy learned than an individual was traveling eastbound on Interstate 10 after having purchased narcotics from his source of supply. Agents established surveillance along Interstate 10 and conducted a traffic stop of the truck. As the agents approached the truck, the front seat passenger gave a bag containing several ounces of methamphetamine to MOREAU. MOREAU, who was seated in the back seat, put the bag into a container of bleach that was also located on the back seat. As one of the agents approached, he saw a torn plastic bag with methamphetamine next to MOREAU. MOREAU admitted placing the methamphetamine in the container of bleach to avoid detection by law enforcement.
This case was investigated by the Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney André Jones of the Narcotics Unit.
Kansas Woman Sentenced for Embezzlement SchemeRead the Press Release
Acting United States Attorney Susan Lehr announced that Amy Shepherd, age 44, of Wichita, Kansas, was sentenced on November 30, 2023, in federal Court in Omaha, Nebraska, for wire fraud. United States District Court Judge Brian C. Buescher sentenced Shepherd to 18 months’ imprisonment. There is no parole in the federal system. After Shepherd’s release from prison, she will begin a 3-year term of supervised release. Shepherd was also ordered to pay $112,257.80 in restitution.
Roadrunner Temperature Controlled is the refrigerated trucking division of Roadrunner Transportation Systems and it is located in Sarpy County, Nebraska. Roadrunner Temperature Controlled (hereinafter “Roadrunner”) uses Electronic Funds Source (hereinafter “EFS”), an electronic wire transfer service, for their driver cash advances.
Amy Shepherd was employed by Roadrunner from July 25, 2016, through June 21, 2019. During her employment at Roadrunner, Shepherd was a Customer Service Manager, Driver Business Leader Manager, and, most recently, a Dispatch Lead Manager. Shepherd was a Dispatch Lead Manager from October 13, 2018, to June 21, 2019. Amy Shepherd worked remotely from her home in Kansas. Johnny Bradford II was a driver employed by Roadrunner from February 28, 2017, until May 4, 2018.
From February 1, 2018, through June 21, 2019, Shepherd, used her position with Roadrunner as a Dispatch Lead Manager to fraudulently generate advances and enter EFS check codes into Roadrunner’s accounting system. Shepherd characterized the advances as relating to legitimate business purposes, for example repairs, washouts, or trailer unloading. Shepherd entered the advances for current Roadrunner drivers. After generating the check code, Shepherd sent the check code to Bradford. Bradford filled out the EFS Checks with the check code he received from Shepherd. Bradford then cashed the checks at vendor establishments. After Bradford received the funds, he would use Western Union to send portions of the money he received from the fraudulent driver advances back to Shepherd. One such wire occurred on June 9, 2019, when an Electronic Check in the amount of $826.64 was initiated by Shepherd, in Kansas purportedly being for “TRL16452 Alternator” through Roadrunner’s accounting system in Nebraska, to Bradford in Nevada. As a result of the scheme and artifice to defraud, from February 1, 2018, through June 21, 2019, Shepherd and Bradford caused an actual loss of $112,257.80.
On September 19, 2023, Bradford pled guilty to one count of wire fraud and is scheduled to be sentenced on December 14, 2023, at 1:30.
This case was investigated by the United States Secret Service and the Sarpy County Sheriff’s Office.
Kanawha County Woman Sentenced for Federal Fraud CrimeRead the Press Release
CHARLESTON, W.Va. – Tonja Oakes, 58, of Cross Lanes, was sentenced today to three years of federal probation, including eight months on home detention, and ordered to pay $21,943.80 in restitution for wire fraud. Oakes admitted to defrauding the American Red Cross (ARC) while employed at its Cross Lanes office.
According to court documents and statements made in court, the ARC hired Oakes in 2015 as a business operations specialist, and her duties included acting as the purchasing agent for the ARC Central Appalachian Region. On March 9, 2019, Oakes began working as the executive assistance to the chief executive officer of the ARC Central Appalachian Region. Among her duties in that position, Oakes reviewed monthly statements of credit cards issued by ARC to certain employees and approved the statements for payment. This position allowed Oakes to review and approve her own expenditures.
Oakes admitted to making multiple unauthorized purchases with ARC-provided credit cards from at least February 17, 2017 through at least October 5, 2020. Oakes further admitted that the unauthorized transactions included a $973.77 payment for servicing a 2011 Kia Sorento on June 8, 2020. Other unauthorized purchases by Oakes included buying items while on vacation in South Carolina, groceries, and personal items purchased on Amazon. Oakes admitted that she used her employment position to review and approve her credit card statements, even though she knew many of the payments were unauthorized.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the Kanawha County Sheriff’s Office.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Ryan Blackwell and Holly Wilson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-67.
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Kanawha County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Shawn Michael Patton, 47, of Dunbar, was sentenced today to 11 years and three months in prison, to be followed by three years of supervised release, for distribution of methamphetamine.
According to court documents and statements made in court, on January 13, 2022, Patton sold 2 ounces of methamphetamine to a confidential informant on the front porch of his Park Drive residence in Dunbar in exchange for $700.
On February 9, 2022, law enforcement officers executed a search warrant at Patton’s residence and seized approximately 2 pounds of methamphetamine from a bedroom chair and $14,572.
On September 20, 2022, officers executed another search warrant at Patton’s residence and seized approximately 287 grams of methamphetamine, two firearms and $554.
On October 5, 2022, Patton was arrested by officers and consented to a search of his residence. Officers seized approximately 25 grams of heroin, 379 grams of marijuana and $2,315.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT).
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Stephanie Taylor prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-212.
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Justice Department Secures Agreement from Pennsylvania Jail to Provide Medications for Opioid Use DisorderRead the Press Release
The Justice Department announced today that Allegheny County, Pennsylvania has agreed to offer treatment with any Food and Drug Administration (FDA)-approved medication for opioid use disorder (OUD) to all individuals booked into the Allegheny County Jail (ACJ) for whom such treatment is medically appropriate. Allegheny County will also pay $10,000 to an individual allegedly denied access to methadone in violation of the Americans with Disabilities Act (ADA).
The ADA prohibits state and local governments from discriminating against individuals with disabilities and protects people in recovery from OUD, including individuals who are taking OUD medication at the direction of a medical provider.
“Too many individuals with opioid use disorder cycle in and out of jails because they can’t find a path to recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will ensure that Allegheny County Jail provides access to medications that can help break that cycle. These effective, evidence-backed treatments provide viable paths to recovery for those struggling with substance use disorders and help our communities begin to heal.”
“Allegheny County, like so much of the country, has been hit hard by the opioid epidemic,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This agreement ensures that effective OUD treatment will be available to those in Allegheny County who need it most. We appreciate the county’s cooperation in reaching this agreement and look forward to continuing to collaborate in making improvements to ACJ and demonstrating what other jails and prisons must do to address the needs of individuals with opioid use disorder and comply with the ADA.”
Under the three-year agreement, Allegheny County will implement new policies and personnel training programs to ensure that people with OUD who are incarcerated at ACJ receive medically appropriate treatment for their disability. Specifically, Allegheny County will medically evaluate all individuals for OUD at the start of their incarceration. It will ensure that individuals who were receiving OUD medication from a licensed treatment provider before their incarceration are continued on that medication. The county will also offer all individuals with OUD booked into the jail the option to receive treatment with any FDA-approved medically appropriate OUD medication, even if they were not being treated with that medication before their incarceration.
Allegheny County will not change or discontinue an individual’s use of a particular OUD medication unless doing so is based on an individualized determination by a qualified medical provider. The county also will not use incentives, rewards or punishments to encourage or discourage individuals at ACJ from receiving any particular OUD medication.
The Civil Rights Division’s Disability Rights Section handled this matter in collaboration with the U.S. Attorney’s Office for the Western District of Pennsylvania.
The Justice Department plays a lead role in combatting the opioid epidemic, including by removing barriers to treatment for OUD. For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
us_and_allegheny_county_settlement_agreement_accessible_copy_for_web_posting.pdfJustice Department Secures Agreement from Pennsylvania Jail to Provide Medications for Opioid Use DisorderRead the Press Release
WASHINGTON — The Justice Department announced today that Allegheny County, Pennsylvania has agreed to offer treatment with any Food and Drug Administration (FDA)-approved medication for opioid use disorder (OUD) to all individuals booked into the Allegheny County Jail (ACJ) for whom such treatment is medically appropriate. Allegheny County will also pay $10,000 to an individual allegedly denied access to methadone in violation of the Americans with Disabilities Act (ADA).
The ADA prohibits state and local governments from discriminating against individuals with disabilities and protects people in recovery from OUD, including individuals who are taking OUD medication at the direction of a medical provider.
“Too many individuals with opioid use disorder cycle in and out of jails because they can’t find a path to recovery,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will ensure that Allegheny County Jail provides access to medications that can help break that cycle. These effective, evidence-backed treatments provide viable paths to recovery for those struggling with substance use disorders and help our communities begin to heal.”
“Allegheny County, like so much of the country, has been hit hard by the opioid epidemic,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “This agreement ensures that effective OUD treatment will be available to those in Allegheny County who need it most. We appreciate the county’s cooperation in reaching this agreement and look forward to continuing to collaborate in making improvements to ACJ and demonstrating what other jails and prisons must do to address the needs of individuals with opioid use disorder and comply with the ADA.”
Under the three-year agreement, Allegheny County will implement new policies and personnel training programs to ensure that people with OUD who are incarcerated at ACJ receive medically appropriate treatment for their disability. Specifically, Allegheny County will medically evaluate all individuals for OUD at the start of their incarceration. It will ensure that individuals who were receiving OUD medication from a licensed treatment provider before their incarceration are continued on that medication. The county will also offer all individuals with OUD booked into the jail the option to receive treatment with any FDA-approved medically appropriate OUD medication, even if they were not being treated with that medication before their incarceration.
Allegheny County will not change or discontinue an individual’s use of a particular OUD medication unless doing so is based on an individualized determination by a qualified medical provider. The county also will not use incentives, rewards or punishments to encourage or discourage individuals at ACJ from receiving any particular OUD medication.
The Civil Rights Division’s Disability Rights Section handled this matter in collaboration with the U.S. Attorney’s Office for the Western District of Pennsylvania.The Justice Department plays a lead role in combatting the opioid epidemic, including by removing barriers to treatment for OUD. For more information about the Justice Department’s work to address discrimination against individuals with opioid use disorder, please visit www.ada.gov/topics/opioid-use-disorder/. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Note: View the agreement here.
Jefferson Parish Man Pleads Guilty to Violations of the Federal Controlled Substances and Interstate Travel in Aid of Racketeering ActsRead the Press Release
NEW ORLEANS, LOUISIANA – VINH NGUYEN, age 39, of Gretna, pled guilty on November 29, 2023 to one (1) count of conspiracy to distribute and possess with intent to distribute a quantity of marijuana, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and 846, and eight (8) counts of interstate travel in aid of racketeering, in violation of Title 18, United States Code, Section 1952(a)(3), announced U.S. Attorney Duane A. Evans.
According to court documents, in July 2019, Jefferson Parish Sheriff’s Office Agents learned that NGUYEN, and others, participated in a drug and money trafficking network that spanned from California to Louisiana. Text messages confirmed that NGUYEN worked with a supplier in California, who negotiated the cost and strains of marijuana with growers in San Francisco for NGUYEN. NGUYEN paid for the marijuana by having other co-conspirators fly the cash to the supplier in San Francisco. Another co-conspirator owned a shipping company that shipped the marijuana from San Francisco to a warehouse in Kenner. Yet another co-conspirator would pick up the marijuana shipments from the Kenner warehouse and deliver them to various unknown locations in the New Orleans area and other cities throughout the country.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case was investigated by the Office of Homeland Security Investigations and the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney André Jones of the Narcotics Unit.
Inmate at the Federal Correctional Institution, Schuylkill, Pleads Guilty to Possession of Contraband in PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Thadusse Hartridge, age 22, an inmate at the Federal Correctional Institution, Schuylkill, in Minersville, Pennsylvania, pleaded guilty on November 28, 2023, before U.S. District Court Judge Julia K. Munley, to the charge of possession of contraband in prison.
According to United States Attorney Gerard M. Karam, Hartridge, formerly of Washington D.C., admitted to possessing a dangerous prison-made weapon, commonly known as a “shank.” The charge stems from an incident in October 2022 in which staff at FCI Schuylkill found Hartridge in possession of the weapon.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
The maximum penalty under federal law is five years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Houstonian imprisoned for two child pornography crimesRead the Press Release
HOUSTON – A 51-year-old local man has been sentenced following his convictions of possession and distribution of child pornography, announced U.S. Attorney Alamdar S. Hamdani.
Amado Garcia III pleaded guilty June 9.
U.S. District Judge Charles Eskridge has now sentenced Garcia to 96 months for each count of distribution and possession of child pornography, which will run concurrently. He was further ordered to serve 10 years on supervised release following completion of his prison term. During that time, he will have to comply with numerous requirements designed to restrict his access to children and the internet. Garcia will also be ordered to register as a sex offender.
Garcia came to the attention of law enforcement during communications in an online group with participants interested in the sexual abuse of children. In the group, he was found distributing videos of children under the age of 10 being sexually assaulted by adults.
During the investigation, authorities discovered 180 videos and 166 images of child pornography on multiple devices. The images depicted sexual abuse of babies, toddlers and sexual abuse of children involving bondage and sadomasochism.
Garcia was permitted to remain on bond and voluntarily surrender at a later date.
The FBI conducted the investigation.
Assistant U.S. Attorneys Kimberly Ann Leo and Anna Swanson prosecuted this case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Holdenville Resident Pleads Guilty to Federal Firearm ChargeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Bryant Dilbeck, age 27, of Holdenville, Oklahoma, entered a guilty plea to an Indictment charging him with Felon in Possession of Firearm and Ammunition.
The charges arose from an investigation by the Holdenville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Jason Robertson, U.S. Magistrate Judge for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Dilbeck remains in custody pending sentencing.
Assistant United States Attorney Edith A. Singer represented the United States.
Goshen Man Sentenced to 97 Months in Prison and Ordered to Pay $2,313,873.28 in RestitutionRead the Press Release
SOUTH BEND – Earl D. Miller, 44 years old, of Goshen, Indiana, was sentenced today by United States District Court Senior Judge Jon E. DeGuilio on guilty verdicts returned by a federal jury after a five-day jury trial in May 2022, announced United States Attorney Clifford D. Johnson.
On May 13, 2022, Miller was found guilty by the federal trial jury of five counts of wire fraud and one count of securities fraud. That same jury acquitted Miller of one count of wire fraud and one count of bankruptcy fraud.Miller was sentenced to 97 months in prison, 1 year of supervised release and ordered to pay $2,313,873.28 in restitution.
According to documents in the case, Miller became the sole owner of “5 Star”, a real estate investment firm, in July of 2014. Through 5 Star and it its numerous related entities, Miller obtained funds from multiple investors’ by fraudulently telling them he would invest their funds in certain real estate investments but then actually using their funds in other ways, such as paying interest to other investors, investing in non-disclosed entities, paying for a spiritual advisor and a pontoon boat. From July of 2014 to January of 2016, Miller made over $4.5 million worth of payments from 5 Star accounts to entities not disclosed or approved by investors. Approximately 80% of investors in 5 Star were Amish or Mennonite.
On January 25, 2016, Miller filed petitions for bankruptcy relief on behalf of eleven 5 Star related business entities. In these bankruptcy proceedings, the United States Trustee appointed a chapter 11 trustee to administer the cases, and the chapter 11 trustee was able to recover some improper payments Miller had made and, on July 2, 2018, negotiate an agreement with Miller to pay $600,000 to the bankruptcy estates. As of April 2021, he had only paid approximately $36,000.00 of the agreed amount to the bankruptcy estates.
United States Attorney Clifford D. Johnson said, “The essence of this defendant’s crime is that he convinced people to invest in businesses by telling them a lie: that their money would be invested one way, while he used those funds in other ways. Mr. Miller’s crimes are particularly offensive because trial evidence showed that he perpetrated his fraud against Amish and Mennonite community members. This case shows that my office will vigorously prosecute affinity frauds.”
“Today’s sentencing should serve as a strong reminder that there are consequences for this illegal behavior and those who choose fraud will be held accountable,” said FBI Indianapolis Special Agent in Charge Herbert J. Stapleton. “The FBI and our partners will continue to be relentless in our pursuit of those engaging in criminal behavior.”
“Today’s sentence shows that abusive and fraudulent conduct will not be tolerated, and the bankruptcy system and its integrity will be protected through the commitment of U.S. Attorney Johnson and our law enforcement partners,” said Nancy J. Gargula, the United States Trustee for Indiana and the Central and Southern District of Illinois (Region 10). The United States Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis with additional office in South Bend, IN and Peoria, IL.
This case was investigated by the Federal Bureau of Investigation with assistance from the Northern Indiana Bankruptcy Fraud Working Group coordinated by Region 10 U.S. Trustee Nancy J. Gargula. The U.S. Security Exchange Commission along with the Fairfax County Virginia and Salinas California Police Departments also assisted in the investigation. The case was prosecuted by Assistant United States Attorneys John M. Maciejczyk and Jerome W. McKeever
Global Law Enforcement Collaboration through Operation Atlas Yields 223 Violent Transnational Fugitives Arrested and 581 Fugitives Located in 70 CountriesRead the Press Release
WASHINGTON – INTERPOL Washington, the U.S. Marshals Service, and the INTERPOL General Secretariat in Lyon, France, recently marked the completion of Operation Atlas, a year-long joint operation to find and arrest violent transnational fugitives across the world.
Since October 2022, U.S. and international law enforcement officials, working through Operation Atlas, arrested 223 fugitives and positively located 581 fugitives in 70 different countries, including 556 wanted in the United States. Of the fugitives targeted by the operation, 334 were the subjects of then active INTERPOL Red Notices*. The fugitives were wanted to stand trial for offenses including, but not limited to, homicide, crimes against children, kidnapping, sex offenses, robbery, and illegal weapons.
The fugitives wanted under Red Notices were targeted jointly by INTERPOL’s Fugitive Investigative Support unit and the U.S. Marshals Service in collaboration with officers of the relevant INTERPOL member countries.
“Operation Atlas serves as a model of domestic and international law enforcement cooperation to bring the worst of the worst to justice,” said INTERPOL Washington Director Michael A. Hughes. “Our communities, both in the United States and across the globe, face unprecedented transnational threats each and every day. The only way to defeat them is through transnational partnerships. Working together, we can make a difference.”
During the course of the operation, Atlas task forces met at global INTERPOL sites each quarter, enabling investigators to collaborate on fugitive cases in-person. These operational-level meetings brought together law enforcement partners from more than 20 countries, providing enhanced opportunities for information collecting and sharing. The task forces were held at Regional Bureau San Salvador, the INTERPOL Global Complex for Innovation (IGCI) in Singapore, the General Secretariat in Lyon, and Regional Bureau Buenos Aires.
“Atlas was a remarkably successful year-long operation highlighting the U.S. Marshals Service's capacity to locate fugitives no matter the distance they travel, or the borders they cross,” said U.S. Marshals Service Director Ronald L. Davis. “Through international cooperation, we have strengthened partnerships, information sharing, and coordination among nations that will continue to bring fugitives to justice.”
INTERPOL has been leading international operations targeting fugitives through its history and, since 2009, under the International Fugitive Round-up and Arrest (INFRA) model. “These fugitives have been located thanks to the power of international cooperation. As INTERPOL completes its 100th year, Operation Atlas stands as a testament to our ability to unite across borders for a common cause and work together as partners to overcome the most complex fugitive challenges to make the world a safer place,” said INTERPOL Executive Director of Police Services Stephen Kavanagh.
A component of the U.S. Department of Justice co-managed by the U.S. Department of Homeland Security, INTERPOL Washington—the U.S. National Central Bureau (USNCB)—is the designated U.S. representative to INTERPOL. It serves as the national point of contact and coordination for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, tribal, and territorial law enforcement agencies.
*A Red Notice is an international alert for a wanted person, but it is not an arrest warrant. Member countries apply their own laws in deciding whether to arrest a person.
Georgia Tech and Georgia Tech Research Corporation pay $90,000 to resolve allegations of violations of the False Claims ActRead the Press Release
ATLANTA – The Georgia Institute of Technology (“Georgia Tech”) and Georgia Tech Research Corporation (“GTRC”) have agreed to pay $90,000 to resolve allegations that they violated the False Claims Act by failing to exercise proper oversight sufficient to allow them to detect the submission of false claims to the National Science Foundation (“NSF”).
“Federal grants and awards come with known ‘rules of the road,’” said U.S. Attorney Ryan K. Buchanan. “Organizations that receive federal funds—especially schools and universities that are pillars of our community—must take steps to ensure that their employees are following the rules. This settlement represents our office’s commitment to ensuring accountability for institutions that fail to live up to these obligations.”
The government’s investigation concerned an NSF Industry-University Cooperative Research Center (“IUCRC”) grant. The IUCRC program fosters pre-competitive research through multi-member collaborations among industry, academic, and government partners. The award at issue was made to a project entitled the “Center for Health Organization Transformation.”
“The IUCRC program is a valuable tool in advancing NSF’s mission to promote the progress of science by developing long-term partnerships among industry, academia, and government,” said Allison Lerner, NSF’s Inspector General. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of taxpayer funds and protecting the integrity of this important program. We are pleased that Georgia Tech changed its practices to better safeguard IUCRC funds, and I commend the U.S. Attorney’s Office for its strong support in this effort.”
The settlement amount is in addition to $105,000 that Georgia Tech has already returned to the NSF in connection with this award. As part of the settlement, Georgia Tech and GTRC agreed to implement training requirements for employees that handle IUCRC grants and a procedure for employees to report material instances of noncompliance with NSF award requirements.
The settlement resolves allegations that from April 2014 to March 2019, Georgia Tech and GTRC failed to engage in proper oversight of the grant program, which led to Georgia Tech and GTRC’s failure to detect and prevent the submission of false claims to NSF concerning the number of industry members participating in the Center for Health Transformation and the amount of membership fees paid or received on membership certifications for the award. Industry participation is a core component of the IUCRC model. Although NSF awards act as seed money for centers, the program requires industry members to provide the primary base of financial support.
The investigation of this matter was handled by Assistant U.S. Attorneys Akash Desai and Austin M. Hall. The claims resolved by the settlement are allegations only, and there has been no determination of liability.For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gang Member Sentenced to Five Years in Prison for Racketeering and Firearms ChargesRead the Press Release
NEWARK, N.J. – A member of the Rollin’ 60s Neighborhood Crips gang was sentenced today to 60 months in prison for his role in a racketeering conspiracy and for possessing firearms and ammunition as a convicted felon, U.S. Attorney Philip R. Sellinger announced.
Rahjon Cox, aka “Tsu Surf,” 32, of Newark, previously pleaded guilty before U.S. District Judge Susan D. Wigenton to two counts of a superseding indictment that charged him with Racketeer Influenced and Corrupt Organizations (RICO) conspiracy and possession of firearms and ammunition by a convicted felon. Judge Wigenton imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From 2015 through Sept. 22, 2022, Cox was a member of the Rollin’ 60s Neighborhood Crips, a criminal enterprise responsible for acts of violence and the distribution of controlled substances in New Jersey and elsewhere. Cox held a leadership role within the enterprise. On March 18, 2017, Cox shot a firearm at a gang rival. On July 24, 2019, in Essex County, New Jersey, Cox, a convicted felon, knowingly possessed two loaded firearms.
In addition to the prison term, Judge Wigenton sentenced Cox to three years of supervised release and fined him $15,000.
U.S. Attorney Sellinger credited special agents of the DEA, under the direction of Special Agent in Charge Cheryl Ortiz; the Internal Revenue Service, Criminal Investigation (IRS-CI), under the direction of Special Agent in Charge Tammy Tomlins, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), under the direction of Special Agent in Charge Bryan Miller, as well as investigators of the U.S. Marshals Service, under Marshal Juan Mattos’ direction; the Irvington Police Department, under the direction of Police Division Director Tracy Bowers, the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, the Newark Police Department, under the direction of Public Safety Director Fragé, the Bloomfield Police Department, under the direction of Director of Public Safety Samuel A. DeMaio, the Essex County Sheriff’s Office, under Sheriff Armando B. Fontoura’s direction, the East Orange Police Department, under the direction of Chief Phyllis L. Bindi, the Elizabeth Police Department, under the direction of Police Director Earl J. Graves, the Edison Police Department, under the direction of Chief of Police Tom Bryan, the New Jersey State Police, under the direction of Colonel Patrick J. Callahan, the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel, the Spotswood Police Department, under the direction of Chief Philip Corbisiero, and the North Carolina State Bureau of Investigation Fugitive and Missing Person Task Force, which includes members of the FBI, for the investigations leading to the charges in the Rollin 60’s Neighborhood Crips investigation.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. 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.
The government is represented by Assistant U.S. Attorney Francesca Liquori of the Special Prosecutions Unit.
Four Individuals Charged with Drug-Distribution ConspiracyRead the Press Release
HUNTSVILLE, Ala. – Four people have been indicted on drug-distribution charges, announced U.S. Attorney Prim F. Escalona and Drug Enforcement Administration Special Agent in Charge Brad L. Byerley.
A four-count indictment filed in U.S. District Court charges Jasmond Dewand Foster, aka “Jazz”, 36, of Florence, Victor Manuel Alcocer-Gonzalez, 37, of Mexico, Edgar Camacho-Reyes, 36, of Mexico, and Jose Salomon Gorozquieta-Gusman, 31, of Mexico, with conspiracy to distribute and to possess with intent to distribute 50 grams or more of methamphetamine These crimes allegedly occurred between July 16, 2023 and July 26, 2023, in Lauderdale County. Alcocer-Gonzalez, Camacho-Reyes and Gorozquieta-Gusman were also charged with manufacturing and possessing with intent to manufacture 50 grams or more of methamphetamine. Camacho-Reyes and Gorozquieta-Gusman were charged with illegal re-entry after deportation.
The minimum penalty for conspiracy to distribute and manufacture methamphetamine is 10 years in prison. The maximum penalty for illegal re-entry after deportation is 10 years in prison.
The DEA investigated the case. Assistant United States Attorney Mary Stuart Burrell is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Former office manager pleads guilty to embezzling over 3.5 million dollarsRead the Press Release
ATLANTA – Sonya Hesenius, a former office manager and executive assistant for an Alpharetta company, has pleaded guilty to wire fraud after embezzling over $3.5 million between 2015 and 2020.
“Hesenius stole millions of dollars from her employer to fund a lavish lifestyle,” said U.S. Attorney Ryan K. Buchanan. “Those entrusted with a fiduciary role for a company accept great responsibility. The defendant’s actions demonstrate that she cared far more about personal gain and much less about the faith and trust that her employer placed in her.”
“Hesenius worked in a position of trust for a company that expected her to honor that trust,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “Instead, she chose to abuse it and her personal greed not only hurt the company, but everyone who worked for them. This plea should send the message that the FBI takes wire fraud extremely seriously and will work to hold offenders accountable.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: Between 2015 and 2020, while employed as an office manager and executive assistant at an Alpharetta, Georgia company providing yard care services, Sonya Hesenius made fraudulent charges on corporate credit cards and caused the company to reimburse her personal credit card for personal expenses. To conceal her scheme, she coded and approved all the charges herself, withheld supporting documentation from the company, and disguised the unauthorized expenditures in the company’s system as legitimate expenses – such as newspaper advertisements. Hesenius also disseminated the expenditures among different job sites to further conceal the fraud.
Hesenius used the embezzled funds to pay for a variety of personal expenses, including, among other things, her daughter’s wedding at the Barnsley Resort; cash transfers through PayPal, Venmo, and Square; Luis Vuitton and Chanel handbags; plane flights for Hesenius and more than 20 of her family members and friends; season tickets for University of Tennessee football and basketball teams; a recreational vehicle; hotels; furniture; cruises; and clothing items. In total, Hesenius embezzled more than $3,500,000.
Sonya Hesenius, 59, of Suwanee, Georgia, pleaded guilty to one count of wire fraud. Sentencing is scheduled for March 6, 2024, at 10:00 am before U.S. District Judge Victoria M. Calvert.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney David A. O'Neal is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former city commissioner sentenced for role in bribery conspiracyRead the Press Release
McALLEN, Texas - A former Weslaco city commissioner has been sentenced 30 months for his role in a bribery conspiracy that involved city contracts worth tens of millions of dollars, announced U.S. Attorney Alamdar S. Hamdani.
According to court documents and evidence presented at trial, Gerardo Tafolla, 57, along with former Weslaco City commissioner John F. Cuellar, accepted bribes from Arturo C. Cuellar Jr., Ricardo Quintanilla and others in exchange for official action favorable to engineering companies seeking large contracts with the city.
From approximately March 2008 through December 2015, one of the participants in the scheme received approximately $4.1 million from two engineering companies and shared nearly $1.4 million with Arturo Cuellar, a former Hidalgo County commissioner. Arturo Cuellar then used a company he controlled to facilitate the payment of approximately $405,000 in bribes to his cousin, John Cuellar, which were disguised as legitimate legal expenses. In exchange for these payments, John Cuellar took several official actions to benefit the companies, including helping to award contracts worth approximately $38.5 million to rehabilitate Weslaco’s water treatment facilities. Quintanilla received approximately $85,000 during the course of the scheme and used that money to pay cash bribes to Tafolla for his official actions to benefit the companies that received the water treatment plant contracts.
In October 2022, a jury convicted Arturo Cuellar and Quintanilla for their roles in the bribery conspiracy. Arturo Cuellar was later sentenced to 20 years in prison and Quintanilla was sentenced to 16 years and eight months in prison. John Cuellar was sentenced to three years in prison after previously pleading guilty in August 2019. Tafolla pleaded guilty in April 2019 to federal program bribery.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division and Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation Houston Field Office made the announcement as well.
The FBI San Antonio Field Office and IRS-CI Houston Field Office investigated the case.
Assistant U.S. Attorney Roberto Lopez Jr. prosecuted the case along with Trial Attorney William J. Gullotta and Acting Deputy Chief Marco A. Palmieri of the Criminal Division’s Public Integrity Section (PIN). Trial Attorney Peter M. Nothstein and former PIN Trial Attorneys Erica O’Brien Waymack and Jessica C. Harvey provided valuable assistance.
Former WVDEP Official Sentenced for Theft of Federal Grant FundsRead the Press Release
CHARLESTON, W.Va. – Jerry D. Elkins, 54, of Danville, was sentenced today to three years of federal probation, including 10 months on home detention, and ordered to pay $94,197.93 in restitution for theft from programs receiving federal funds. Elkins admitted to fraudulently obtaining $94,197.93 of federal abandoned mine land (AML) remediation sub-grant funds while employed by the West Virginia Department of Environmental Protection (DEP). Elkins also set up a shell limited liability company to receive a portion of the sub-grant award funds and created fraudulent invoices in an attempt to conceal the nature of the payments.
According to court documents and statements made in court, from on or about April 2017 until on or about August 7, 2019, Elkins assisted Aleksey Krylov and one of Krylov’s companies with their application for a DEP AML pilot program sub-grant. The DEP receives grant funding from the United States Department of the Interior Office of Surface Mining Reclamation and Enforcement (OSMRE) for, among other purposes, accelerating the remediation of eligible sites for economic revitalization and community development purposes under the Abandoned Mine Land Economic Revitalization (AMLER) program.
Since 2016, West Virginia has received $181 million in AMLER block grant funds. Numerous private entities apply to receive AML sub-grants, and the process for selecting projects to receive sub-grant awards is competitive.
Elkins was initially a regional planner and later an inspector for the DEP during the time period, and had become acquainted with Krylov prior to joining the DEP. Krylov and his company proposed to construct and operate an aquaponics facility that would produce commercial quantities of vegetables and fruits at a project site near Madison. To assist Krylov and his company, Elkins collected water samples, obtained public support, boosted Krylov’s project internally at DEP, provided his opinion and suggestions for improving the sub-grant application, and continuously monitored the application’s status.
In August and September 2018, Elkins registered a limited liability company, Wanaque River Holdings LLC (“Wanaque”), in Delaware and opened a bank account for Wanaque at a bank in Charleston, West Virginia, in order to receive and obscure payments from Krylov. Elkins admitted that Wanaque had no other legitimate business purpose besides receiving funds from Krylov and Krylov’s companies. Elkins further admitted that he directed the creation of a third-party pay-bill account through Bill.com, a cloud-based payments platform, that was used to send invoices from Wanaque to companies under Krylov’s control.
From about October 19, 2018, through about August 7, 2019, Wanaque received $94,197.93 in electronic fund transfers and checks from Krylov and his companies. Elkins admitted that the $94,197.34 originated from the aquaponics project’s sub-grant reimbursements from the DEP and were ultimately diverted to him. Elkins further admitted that he had no right to receive those funds and fraudulently converted them to his own use. Elkins also admitted to taking steps to hide, conceal and cover up his activity and the nature and scope of his dealings with Krylov. Those steps included failing to list his interest in Wanaque when he signed the federal OSMRE State Employee Statement of Employment and Financial Interest form on February 20, 2019.
Krylov, 42, of South Orange, New Jersey, pleaded guilty to aiding and abetting theft from programs receiving federal funds on July 27, 2023, and awaits sentencing.
United States Attorney Will Thompson made the announcement and commended the investigative work of the investigative work of the U.S. Department of the Interior Office of Inspector General-Office of Investigations, and the West Virginia Commission on Special Investigations.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Kathleen Robeson and Holly Wilson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-78.
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Former U.S. Marine Pleads Guilty to Firebombing a Planned Parenthood Clinic in Orange County and Admits to Planning Additional AttacksRead the Press Release
SANTA ANA, California – An Orange County man pleaded guilty today to federal criminal charges for firebombing a Planned Parenthood clinic in March 2022 and admitted to plotting other attacks.
Chance Brannon, 24, of San Juan Capistrano, who was an active-duty Marine stationed at Camp Pendleton at the time of the offense, also admitted to making plans for additional attacks on a second Planned Parenthood clinic, a Southern California Edison substation, and an LGBTQ pride night celebration at Dodger Stadium.
Brannon pleaded guilty to all counts of the four-count indictment: conspiracy, malicious destruction of property by fire and explosives, possession of an unregistered destructive device, and intentional damage to a reproductive health services facility – a violation of the Freedom of Access to Clinic Entrances Act.
Brannon has been in custody since his arrest in June 2023.
“This defendant exemplifies the insidious danger posed by domestic extremism,” said United States Attorney Martin Estrada. “The defendant, who was a member of the U.S. military, admitted not only to attacking a Planned Parenthood facility but also to planning for attacks on the power grid and a pride celebration at Dodger Stadium. We must never waver in our commitment to protect the American people from violent extremist ideology.”
“Extremist violence fueled by an insular hatred intended to intimidate law abiding Americans will not be tolerated,” said FBI Los Angeles Assistant Director in Charge Don Alway. “It is crucial that individuals who seek reproductive health services be able to obtain them in an environment that is free from interference, intimidation, and fear. Together with our federal, state, and local law enforcement partners, the FBI is committed to defending the American people against such acts of cruelty.”
“NCIS is a proud member of the FBI Joint Terrorism Task Force and we are committed to swiftly and thoroughly investigating those who perpetrate acts of terror against our fellow Americans,” said Special Agent in Charge Todd Battaglia of the NCIS Marine West Field Office. “This case represents the impact of close interagency coordination and should serve as a warning that we will seek out and defeat extremist intimidation and hate that threatens access to reproductive health services.”
According to his plea agreement, in February and March of 2022, Brannon and his co-defendants – Tibet Ergul, 22, of Irvine, and Xavier Batten, 21, of Brooksville, Florida – conspired to use a Molotov cocktail to destroy a commercial property. Brannon considered various targets, including the Anti-Defamation League in San Diego, but ultimately chose to target a Planned Parenthood clinic in Costa Mesa to scare pregnant women, deter doctors and staff from providing abortion services, and encourage similar violent acts. During the early morning hours of March 13, 2022, Brannon and Ergul ignited and threw the Molotov cocktail at the clinic, striking the clinic entrance.
Brannon admitted in his plea agreement that, in May 2022, he counseled Batten on how to “get away with” committing a similar attack to the Costa Mesa one. In June 2022, following the Supreme Court’s decision overturning Roe v. Wade, its 1973 ruling that recognized a constitutional right to abortion, Brannon and Ergul planned to use a second Molotov cocktail to damage or destroy a second Planned Parenthood clinic.
Brannon further admitted that beginning sometime in 2022 and continuing through the time of their arrests, Ergul and he discussed starting a race war by attacking an electrical substation with the goal of disrupting the functioning of the power grid in Orange County. On a thumb drive disguised as a military-style necklace bearing the motto for the Marine Corps, Brannon kept a file containing an operation plan and a gear list for targeting a Southern California Edison substation. Brannon possessed several items on the gear list, including a specific rifle with “Total [N-word] Death” written in Cyrillic and a recording of the 2019 Christchurch, New Zealand, mosque shooting, in which a white supremacist murdered 51 people and injured 40 others.
Throughout the early summer of 2023, Brannon and Ergul also discussed and researched how to attack Dodger Stadium on a night celebrating LGBTQ pride, including by using a remote-detonated device. As part of those conversations, Brannon shared a “WW2 sabotage manual” with Ergul, discussed doing “dry runs” to “case” the stadium, and conducted research on Ted Kaczynski, also known as the Unabomber. Brannon and Ergul were arrested two days before the event.
At the time of his arrest, Brannon possessed a short-barreled rifle and two silencers, which he had not registered with the National Firearms Registration and Transfer Record.
United States District Judge Cormac J. Carney scheduled an April 15, 2024 sentencing hearing, at which time Brannon will face a mandatory minimum sentence of five years in federal prison for each of the conspiracy and malicious destruction counts as well as a statutory maximum sentence of 20 years in federal prison for each of those counts. The count of possession of an unregistered destructive device is punishable by up to 10 years in federal prison. The intentional damage to a reproductive health facility charge carries a statutory maximum sentence of one year in federal prison.
Ergul and Batten have pleaded not guilty to the charges against them. They are scheduled to go to trial on March 19, 2024.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and the Naval Criminal Investigative Service investigated this matter, with substantial assistance from the Costa Mesa Police Department and the Costa Mesa Fire Department.
Assistant United States Attorney Kathrynne N. Seiden of the Terrorism and Export Crimes Section is prosecuting this case.
Former Southern California Business Owner Charged with Access Device Fraud, Aggravated Identity Theft and Witness TamperingRead the Press Release
LOS ANGELES – A former Inland Empire resident who was the chief executive officer of an Upland business has been charged with causing unauthorized charges to be placed on thousands of consumer credit and debit card accounts, the Justice Department announced today.
Jason Edward Thomas Cardiff, 48, formerly of Upland, is charged with access device fraud, aggravated identity theft and two counts of witness tampering. A four-count indictment was unsealed Monday at Cardiff’s arraignment, where he pleaded not guilty to the charges.
Cardiff, who is currently in federal custody, is scheduled to appear this afternoon before United States Magistrate Judge Brianna Fuller Mircheff for a continued hearing on the government’s motion to have him detained pending trial.
The indictment alleges that Cardiff owned and operated Redwood Scientific Technologies, which sold various homeopathic thin film strip products to consumers. Between January 2018 and May 2018, Cardiff directed his employees to use the credit and debit card information associated with previous customers to charge for additional products that those customers had not ordered. The indictment further alleges that Cardiff ordered employees to destroy documents that were responsive to a Federal Trade Commission Civil Investigative Demand.
“This indictment alleges a blatant ripoff that simply charged customers for products they never ordered,” said United States Attorney Martin Estrada. “We will remain vigilant to protect consumers from predatory businesses that exploit the trust placed in them by consumers.”
“These charges reflect the department’s commitment to investigate unauthorized charges imposed on consumer accounts and hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all of the tools at its disposal to prosecute such schemes.”
“The outstanding work by postal inspectors in this investigation uncovered a fraud scheme, where American consumers never received the products for which they were billed,” said Inspector in Charge Carroll Harris for the U.S. Postal Inspection Services (USPIS), Los Angeles Division. “The U.S. Postal Inspection Service is committed to protecting American consumers from falling victim to these types of fraud schemes.”
At his arraignment on Monday, Cardiff was ordered to stand trial on January 23.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, Cardiff would face a statutory maximum penalty of 15 years for access device fraud, 20 years for witness tampering and a mandatory two-year term of imprisonment for aggravated identity theft. A United States District Court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
USPIS is investigating the case.
Assistant United States Attorney Valerie Makarewicz of the Major Frauds Section, along with Justice Department Trial Attorneys Manu Sebastian and Brianna Gardner of the Civil Division’s Consumer Protection Branch, are prosecuting the case.
Former El Paso Teacher Sentenced to 46 Months in Prison for Child Pornography ChargeRead the Press Release
EL PASO, Texas – A Horizon City man was sentenced in a federal court in El Paso to 46 months in prison for access with intent to view a visual depiction involving the sexual exploitation of a prepubescent minor.
According to court documents, Orlando Solis, 47, began communicating over the social messaging platform “Whisper,” with a user who identified herself as a 13-year old female. The Department of the Army Criminal Investigative Division’s Internet Crimes Against Children Unit initiated the investigation and referred the matter to the FBI. The conversations were often sexual in nature, with Solis sending links to pornography sites, describing sexual acts he wanted to engage in with her, and sending graphic photos of himself. He also informed her that he had a “hidden” folder on his phone for pornography.
The FBI determined that Solis was a high school teacher and arrested him on Feb. 2. A forensic examination of his cellphone revealed child sexual abuse material depicting minors as young as five or six years old. Solis pleaded guilty July 25.
“Protecting children from sexual predators will always be a priority of this office and our partners across the district,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Thanks to the joint investigative efforts of the FBI and Army CID, Solis will no longer pose a threat nor further harm innocent children. Please also take this as a reminder to talk to your children about the legitimate risks of online chat rooms and social messaging apps.”
"The FBI El Paso’s Child Exploitation & Human Trafficking Task Force's mission is to protect our nation's children from adults willing to meet and engage children online with the purpose of engaging in Child Exploitation," said Special Agent in Charge John Morales for the FBI El Paso Field Office. "To that end, we've accomplished the mission by ensuring Solis won't be able to commit a hands-on sexual assault of a child. Please join the FBI’s never-ending effort to keep our children safe by reporting instances of known, or suspected child exploitation at tips.fbi.gov or call 800-CALL-FBI."
“Army CID has a strong relationship with the FBI and continually works together to maximize our jurisdiction and investigate all crimes in and around U.S. Army installations” said Special Agent in Charge Olga Morales for the Army CID Southwest Field Office. “Our Army communities, and the American public, can rest assured that we continually seek out child predators and anyone that would want to do harm to members of our communities, on and off our installations.”
The FBI and Army CID investigated the case.
Assistant U.S. Attorney Sarah Valenzuela prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Former City Commissioner Sentenced for Role in Bribery ConspiracyRead the Press Release
A former Weslaco, Texas, city commissioner was sentenced today to two years and six months in prison for his role in a bribery conspiracy that involved city contracts worth tens of millions of dollars.
According to court documents and evidence presented at trial, Gerardo Tafolla, 57, along with former Weslaco City commissioner John F. Cuellar, accepted bribes from Arturo C. Cuellar Jr., Ricardo Quintanilla, and others in exchange for official action favorable to engineering companies seeking large contracts with the city. From approximately March 2008 through December 2015, one of the participants in the scheme received approximately $4.1 million from two engineering companies and shared nearly $1.4 million with Arturo Cuellar, a former Hidalgo County commissioner. Arturo Cuellar then used a company he controlled to facilitate the payment of approximately $405,000 in bribes to his cousin, John Cuellar, which were disguised as legitimate legal expenses. In exchange for these payments, John Cuellar took several official actions to benefit the companies, including helping to award contracts worth approximately $38.5 million to rehabilitate Weslaco’s water treatment facilities. Quintanilla received approximately $85,000 during the course of the scheme and used that money to pay cash bribes to Tafolla for his official actions to benefit the companies that received the water treatment plant contracts.
In October 2022, a jury convicted Arturo Cuellar and Quintanilla for their roles in the bribery conspiracy. Arturo Cuellar was later sentenced to 20 years in prison and Quintanilla was sentenced to 16 years and eight months in prison. John Cuellar was sentenced to three years in prison after previously pleading guilty in August 2019. Tafolla pleaded guilty in April 2019 to federal program bribery.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Ramsey E. Covington of the IRS Criminal Investigation (IRS-CI) Houston Field Office made the announcement.
The FBI San Antonio Field Office and IRS-CI Houston Field Office investigated the case.
Trial Attorney William J. Gullotta and Acting Deputy Chief Marco A. Palmieri of the Criminal Division’s Public Integrity Section (PIN) and Assistant U.S. Attorney Roberto Lopez Jr. for the Southern District of Texas prosecuted the case. Trial Attorney Peter M. Nothstein and former PIN Trial Attorneys Erica O’Brien Waymack and Jessica C. Harvey provided valuable assistance.
Former California Business Owner Charged with Access Device Fraud, Aggravated Identity Theft and Witness TamperingRead the Press Release
An indictment was unsealed on Monday alleging that the chief executive officer of a California business caused unauthorized charges to be placed on thousands of consumer credit and debit card accounts.
Jason Edward Thomas Cardiff, 48, formerly of Upland, California, is charged with access device fraud, aggravated identity theft and two counts of witness tampering. The indictment alleges that Cardiff owned and operated Redwood Scientific Technologies, which sold various homeopathic thin film strip products to consumers. Between January 2018 and May 2018, Cardiff directed his employees to use the credit and debit card information associated with previous customers to charge for additional products that those customers had not ordered. The indictment further alleges that Cardiff ordered employees to destroy documents that were responsive to a Federal Trade Commission Civil Investigative Demand.
“These charges reflect the department’s commitment to investigate unauthorized charges imposed on consumer accounts and hold criminals accountable for their wrongdoing,” said Principal Deputy Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will use all of the tools at its disposal to prosecute such schemes.”
“This indictment alleges a blatant ripoff that simply charged customers for products they never ordered,” said U.S. Attorney Martin Estrada for the Central District of California. “We will remain vigilant to protect consumers from predatory businesses that exploit the trust placed in them by consumers.”
“The outstanding work by postal inspectors in this investigation uncovered a fraud scheme, where American consumers never received the products for which they were billed,” said Inspector in Charge Carroll Harris of the U.S. Postal Inspection Service (USPIS) Los Angeles Division. “The U.S. Postal Inspection Service is committed to protecting American consumers from falling victim to these types of fraud schemes.”
Cardiff made his initial court appearance on Nov. 27 before U.S. Magistrate Judge Brianna Fuller Mircheff of the U.S. District Court for the Central District of California. If convicted, Cardiff faces a maximum penalty of 15 years in prison for access device fraud, 20 years in prison for witness tampering and a mandatory minimum of two years in prison for aggravated identity theft. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. At his arraignment on Monday, Cardiff entered a not guilty plea and a trial was scheduled for Jan. 23, 2024.
USPIS is investigating the case.
Trial Attorneys Manu Sebastian and Brianna Gardner of the Civil Division’s Consumer Protection Branch, along with Assistant U.S. Attorney Valerie Makarewicz for the Central District of California, are prosecuting the case.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Bixby Gun Store Owner Sentenced in Federal CourtRead the Press Release
U.S. District Judge Gregory K. Frizzell, sentenced Jeffery David Sutton, 55, to 157 months in prison followed by three years of supervised release. In Oct. 2022, Sutton was convicted by a federal jury for carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence and assault with dangerous weapon with intent to do bodily harm in Indian Country. Judge Frizzell further ordered Sutton to pay $5,000 in restitution.
In Dec. 2021, Sutton got into an argument with his girlfriend, whom he told to move out of his house. The girlfriend moved her things out the next day and was waiting for a ride to pick her up. Sutton changed his mind, returned home and the parties argued in the front yard. Sutton then went to his truck, pulled a handgun and started shooting at his girlfriend.
He fired at least eight times toward her. Multiple bullets hit the doorway she was standing in, and one hit her in the chest. While Sutton was shooting at her, he stated he was going to kill her, as well as her family.
Tulsa County Sheriff’s Department was the first to respond to the scene and found Sutton in the front lawn, with an empty firearm and he was taken into custody. Law enforcement personnel applied pressure to the victim’s wound. She was transported to the hospital, treated, and later released from the hospital.
Court records show that Sutton was the owner of a Bixby gun store and trained in handling firearms. He will remain in custody pending transfer to a U.S. Bureau of Prisons facility.
The FBI, Tulsa County Sheriff’s Office and Oklahoma State Bureau of Investigation conducted the investigation. Assistant U.S. Attorneys Steven J. Briden and Kristin F. Harrington prosecuted the case.
Former Airline Representatives Admit Roles in Bribery ConspiracyRead the Press Release
TRENTON, N.J. – A former airline corporate real estate director and former airline senior manager, as well as a former airline contractor, each admitted accepting bribes from a company in exchange for agreeing to assist the company obtain contracts from the airline, U.S. Attorney Philip R. Sellinger announced today.
Alok Saksena, 45, of Montclair, New Jersey, Anthony Rosalli, 44, of Burlington, New Jersey, and Lovella Rogan, 48, of Springfield, New Jersey each pleaded guilty before U.S. District Judge Zahid N. Quraishi in Trenton federal court to informations that charged them with conspiracy to commit honest services wire fraud.
U.S. Attorney Philip R. Sellinger“The defendants compromised their positions by accepting bribes in the form of hundreds of thousands of dollars’ worth of home renovations, electronics, and jewelry. Commercial bribery of this kind corrupts the fairness of our economic system. We will hold to account those who unlawfully violate their duties to further their own economic interests.”
“Federal law requires an honest bidding process because if everyone in a position of authority demanded goods and services for their approval, the cost of doing business would be astronomical and untenable,” FBI – Newark Special Agent in Charge James E. Dennehy said. “These individuals admit to taking bribes in the form of home renovations, electronics and jewelry instead of money, thinking no one would notice. Greasing someone's palm for a lucrative contract not only isn't fair, but it's also illegal.”
“The Port Authority thanks our federal partners for the collaborative work to ensure fairness within the myriad industries that operate out of our facilities and to bring these individuals to justice,” Port Authority Inspector General John Gay said.
According to documents filed in this case and statements made in court:
Rosalli, Saksena, and Rogan all held positions with the airline that enabled them to influence which companies the airline would award certain contracts to at Newark Liberty International Airport (Newark Airport). The defendants conspired to receive bribes and kickbacks from a company that provided maintenance and construction services in exchange for helping that company obtain lucrative airline contracts at Newark Airport.
In September 2021, the maintenance and construction company bid on a contract to renovate restrooms at Newark Airport. The defendants sat on the selection committee and each of them voted to award the contract to the company. In exchange for the defendants’ help in obtaining the restroom renovation contract and with the expectation that they would use their positions to help the company obtain future contracts, the company agreed to pay for significant renovations at the defendants’ personal residences, including renovating and building bathrooms, renovating a deck, installing floors and sheetrock, and renovating a kitchen. The company gave the defendants valuable items, including electronics and jewelry. The total value of the bribes paid was approximately $539,000 to Saksena; approximately $276,000 to Rosalli; and approximately $409,000 to Rogan.
The defendants also conspired with an employee of the maintenance and construction company to fraudulently inflate change orders, which amended the contract’s scope of work, to recoup some of the bribe costs. With the defendants’ knowledge and consent, the company submitted change orders, which contained fraudulently high numbers, to obtain money not legitimately earned by the company so that the company could partially fund the bribe payments to the defendants.
The defendants face a maximum sentence of 20 years in prison and a fine of up to $250,000. Sentencing for Saksena is scheduled for April 17, 2024. Sentencing for Rosalli and Rogan is scheduled for April 18, 2024.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy in Newark, investigators from the Port Authority of New York & New Jersey Office of Inspector General, under the direction of Inspector General Gay, and special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney, with the investigation leading to the guilty pleas.
The government is represented by Assistant U.S. Attorneys Katherine Calle and Francesca Liquori of the Special Prosecutions Division and First Assistant U.S. Attorney Vikas Khanna.
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rogan.information.pdfForeign National Convicted of Drug Trafficking ConspiracyRead the Press Release
A federal jury in the District of Columbia convicted a national of the Dominican Republic yesterday of a felony drug trafficking conspiracy.
According to court documents and evidence presented at trial, Cesar Gomez Almonte, aka Jhonny Gomez and Johnny Gomez, 51, was a member of a drug trafficking network based in the Dominican Republic. The network facilitated the transportation of multi-hundred-kilogram shipments of cocaine by boat from the Caribbean to the United States. The drug trafficking network insulated itself by compartmentalizing operations and covering up true ownership of the boats used to transport cocaine. Gomez Almonte’s role within the organization was to search for and acquire new boats the network could use for future drug ventures, to coordinate the straw transfer of a boat used in a prior drug venture, and to broker the use of a boat for a cocaine shipment knowing that the cocaine was bound for the United States.
On Dec. 12, 2020, Gomez Almonte was arrested in the Miami International Airport.
The jury convicted Gomez Almonte of conspiracy to import five kilograms or more of cocaine into the United States. He is scheduled to be sentenced on Feb. 20, 2024, and faces a mandatory minimum of 10 years in prison and a statutory 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.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division and Special Agent in Charge Ivan J. Arvelo of Homeland Security Investigations (HSI) New York made the announcement.
The case is supported by the Organized Crime and Drug Enforcement Task Forces (OCDETF).
HSI New York investigated the case.
Acting Assistant Deputy Chief Melanie L. Alsworth and Trial Attorneys Samantha Thompson and Janet H. Turnbull of the Criminal Division’s Narcotic and Dangerous Drug Section are prosecuting the case. The Justice Department’s Office of International Affairs and Customs and Border Protection’s Miami Air and Marine Branch also provided significant assistance.
Floyd County Man Sentenced to 120 Months for Armed Methamphetamine TraffickingRead the Press Release
LEXINGTON, Ky.— An Auxier, Ky., man, Jonathan Martinez, 37, was sentenced to 120 months in federal prison on Tuesday, by U.S. District Judge Karen K. Caldwell, for conspiracy to distribute 50 grams or more of methamphetamine and possession of a firearm in furtherance of drug trafficking.
According to his plea agreement, from April 26, 2022 through May 5, 2022, Martinez distributed methamphetamine and possessed a firearm in furtherance of drug trafficking. Specifically, law enforcement utilized a confidential informant to make a series of controlled drug purchases of methamphetamine from Martinez and his co-defendant, Lakeisha Jervis. On May 5, 2022, law enforcement conducted a search of Martinez’s home and found 264 grams of methamphetamine, bagged into ounce-and-a-half quantities, a digital scale, plastic bags, various other controlled substances, and a loaded firearm.
Under federal law, Martinez must serve 85 percent of his prison sentence; and upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Michael E. Stansbury, Special Agent in Charge, FBI, Louisville Field Office; and Phillip J. Burnett, Commissioner of the Kentucky State Police (KSP), jointly announced the sentence.
The investigation was conducted by the FBI and KSP. The United States was represented by Assistant U.S. Attorney Justin Blankenship.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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Florida Promoter of Tax Fraud Scheme Sentenced to More Than Two Years in PrisonRead the Press Release
A Florida man was sentenced today to 27 months in prison for promoting a scheme to file false documents with the IRS to fraudulently obtain large tax refunds.
Rafael Ramos, of Orlando, pleaded guilty on Sept. 5 to conspiring to defraud the United States, filing a false tax return, and aiding and assisting in the preparation of a false tax return. According to court documents and statements made in court, Ramos recruited clients and prepared tax returns on their behalf that falsely claimed banks and other financial institutions had withheld large amounts of taxes from the clients’ incomes, thereby entitling them to refunds from the IRS. To further the scheme, Ramos and his co-conspirators filed with the IRS false documents purporting to have been issued by banks to support the false withholding information reported on the returns.
When the IRS initiated proceedings to collect the fraudulently-issued refunds, Ramos held meetings with his clients and attempted to obstruct the IRS’s efforts by providing clients with frivolous correspondence to send to the IRS, instructing clients to falsely inform the IRS that they self-prepared their returns, and telling clients to move funds out of their bank accounts to avoid IRS levies. In total, Ramos’s scheme caused a tax loss to the IRS of over $1.15 million.
In addition to the term of imprisonment, U.S. District Judge Paul G. Byron ordered Ramos to serve two years of supervised release and to pay approximately $594,685 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, U.S. Attorney Roger B. Handberg for the Middle District of Florida and Tara K. Reed IRS Criminal Investigation (IRS-CI) Acting Special Agent in Charge made the announcement.
IRS-CI investigated the case.
Trial Attorneys Jeffrey McLellan, Ezra Spiro and Caroline Pearson of the Tax Division prosecuted the case.
Florida Medical Clinic Owner and Pharmacy Technician Sentenced to Prison in Clinical Trial Fraud SchemeRead the Press Release
A federal judge sentenced a medical clinic owner and a pharmacy technician for their involvement in a clinical trial fraud scheme that included the falsification and fabrication of clinical trial data, the Justice Department announced.
Miguel Angel Montalvo Villa, 53, of Miami, and Ivette Maria Portela Martinez, 53, also of Miami, were convicted by a jury on Sept. 5 of one count of conspiracy to commit wire fraud and one count of wire fraud. Montalvo Villa also was convicted of making a false statement to a regulatory investigator with the U.S. Food and Drug Administration (FDA). On Nov. 30, U.S. District Judge K. Michael Moore sentenced Montalvo Villa to 71 months in prison and Portela Martinez to 46 months in prison.
According to court documents and evidence presented at trial, Montalvo Villa was a co-owner, president and CEO of AMB Research Center Inc. (AMB), a medical clinic located in Miami that conducted clinical trials of new drugs for pharmaceutical companies and sponsors. Portela Martinez was an employee who served as recruiter, site manager, data entry specialist and pharmacist. The evidence showed that Montalvo Villa and Portela Martinez used the names and personal information of individuals without their knowledge or consent and listed them as enrolled subjects in a clinical trial for a drug that was being developed to treat Clostridium difficile-associated diarrhea (CDAD), a moderate to severe form of diarrhea. The trial evidence further showed that the defendants enlisted and used the names of family members and friends who purportedly participated as eligible subjects in the CDAD clinical trial – but no subject fully participated in that clinical trial, as required by the protocol.
The trial evidence showed that Montalvo Villa and Portela Martinez falsified, at a minimum, hundreds of pages of documents and entered that information and data into the clinical trial’s electronic databases to make it appear as though the purported clinical trial subjects were fully participating in the clinical trial. The trial evidence also showed that as part of the conspiracy, Montalvo Villa submitted falsified and fraudulent invoices for AMB to receive payments for conducting the clinical trial that totaled $277,920.
“Accurate clinical trial data is critical to the evaluation of new drug treatments,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Justice Department will continue to work closely with its agency and law enforcement partners to uncover and prosecute clinical trial fraud.”
“The cornerstone of FDA’s evaluation of a new drug is reliable and accurate data from clinical trials,” said FDA Assistant Commissioner Justin D. Green of Criminal Investigations. “Compromised clinical trial data could impact the agency’s decisions about the safety and effectiveness of the drug under review. We will continue to monitor, investigate and bring to justice those whose actions may subvert the FDA approval process and endanger the public health.”
The FDA’s Office of Criminal Investigations, Miami Field Office, investigated the case.
The Civil Division’s Consumer Protection Branch prosecuted the case. The U.S. Attorney’s Office for the Southern District of Florida provided critical assistance.
Additional information about the Consumer Protection Branch and its enforcement efforts can be found at www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit www.justice.gov/usao-sdfl.
Five persons sentenced to federal prison in international drug and money laundering operationRead the Press Release
ATLANTA - Jason Arias, Daniel Newton, Anthony Blair, David Barros, Shondra Vernon, and Madison Rene Kelleher have been sentenced for their participation in a conspiracy to import cocaine into the United States from the Dominican Republic in the checked baggage of airline travelers.
“These defendants exploited our country’s airline carriers to carry out a large-scale drug trafficking operation,” said U.S. Attorney Ryan K. Buchanan. “For several years, the defendants imported a great deal of cocaine into the United States but eventually were arrested and prosecuted thanks to the diligent work of our federal and local law enforcement partners.”
“Anthony Blair orchestrated a drug trafficking conspiracy to distribute cocaine in the United States, destroying communities and putting countless lives at risk,” said Acting Special Agent in charge Travis Pickard who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “This sentence is the culmination of a great investigation executed by HSI and its partners and its success is directly related to their hard work and professionalism. We will continue to exhaust all resources and use all of our available assets to pursue those criminals and organizations involved in bringing poison into our communities.”
“Customs and Border Protection officers work side by side with our law enforcement partners to keep dangerous drugs from reaching our communities,” said Zachary Thomas, CBP Area Port Director Atlanta. “Narcotics interdiction remains an enforcement priority for CBP, and it is one of the many ways CBP helps protect our citizens and the public.”
Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Division stated, “Through hard work, this illegal drug distribution and money laundering network has been removed from our streets. This criminal enterprise had no regard for the potential impact of their actions.”
“Anytime law enforcement agencies work together to stop illegal activities, it is a win for communities locally, nationally, and internationally,” said Atlanta Police Chief Darin Schierbaum. “The conviction of this group proves the effectiveness of our law enforcement partnerships, the dedication of the members of the various agencies that protect the world’s busiest airport, and our commitment to bringing criminals to justice.”
According to U.S. Attorney Buchanan, the charges, and other information presented in court: From approximately 2015 through June of 2018, these defendants and members of their conspiracy obtained cocaine in Costa Rica, concealed the drugs in sealed cans labeled as food, and smuggled the contraband into the United States in checked luggage. Jason Arias obtained and packaged the cocaine in Costa Rica. Anthony Blair then recruited over 60 travelers in Atlanta to agree to an “all-expenses paid” vacation to Costa Rica to assist with the transport of the drugs into the United States.
As a part of the scheme, the recruited travelers, when ready to depart Costa Rica, met with Arias who arranged for the travelers to bring purported souvenirs to Blair and others in the United States. In fact, the souvenirs included sealed cans containing kilograms of cocaine. After the cocaine was sold, profits were reinvested in the enterprise, smuggled back to Costa Rica, and spent to support the defendants’ extravagant lifestyles, including the rental of a $14,000 per month Atlanta-area apartment.
In total, the organization imported more than 150 kilograms of cocaine into the United States. The conspiracy unraveled when U.S. Customs and Border Protection special agents located cocaine in the luggage of two travelers and arrested Blair when he arrived to meet the travelers at Hartsfield-Jackson Atlanta International Airport.
The following defendants have been sentenced by U.S. District Judge Leigh Martin May for their respective roles in the drug trafficking conspiracy:
- Anthony Blair, 44, of Atlanta, Georgia, was sentenced to 20 years in prison to be followed by five years of supervised release and ordered to forfeit $434,195 in drug profits to the United States. Blair was convicted of multiple narcotics and money laundering offenses following a jury trial on May 23, 2023.
- David Barros, 37, of Taunton, Massachusetts, has been sentenced to 14 years in prison to be followed by five years of supervised release. Barros was convicted of multiple narcotics and money laundering offenses following a jury trial on May 23, 2023.
- Jason Arias, 39, of Charlotte, North Carolina, has been sentenced to four years in prison to be followed by five years of supervised release. Arias was convicted of conspiracy to import cocaine and money laundering on August 10, 2020, after he pleaded guilty.
- Daniel Newton a/k/a “Russia,” 34, of Charlotte, North Carolina, has been sentenced to one year and one month in prison to be followed by five years of supervised release. Newton was convicted of conspiracy to import cocaine and money laundering on September 12, 2019, after he pleaded guilty.
- Shondra Vernon a/k/a “Frenchie,” 34, of Atlanta, Georgia, has been sentenced to three years in prison to be followed by four years of supervised release. Vernon was convicted of conspiracy to import cocaine on November 9, 2021, after she pleaded guilty.
- Madison Rene Kelleher, 32, of Fall River, Massachusetts, has been sentenced to three years of probation. Kelleher was convicted of money laundering conspiracy on November 19, 2019, after she pleaded guilty.
This case was investigated by the Department of Homeland Security - Homeland Security Investigations, U.S. Customs and Border Protection, the Atlanta Police Department, and the Drug Enforcement Administration.
Assistant U.S. Attorneys Tyler A. Mann and Calvin A. Leipold III prosecuted 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.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Five defendants convicted of health care kickback conspiracyRead the Press Release
TYLER, Texas – Five defendants, including laboratory executives and hospital executives, were found guilty of conspiring to violate the Anti-Kickback Statute, announced U.S. Attorney Damien M. Diggs today.
Susan L. Hertzberg, 65, of New York, New York; Matthew John Theiler, 57, of Mars, Pennsylvania; David Weldon Kraus, 65, of Loudon, Tennessee; Thomas Gray Hardaway, 51 of San Antonio, Texas; and Jeffrey Paul Madison, 48, Georgetown, Texas, were found guilty by a jury on November 30, 2023, following a seven-week-long trial before U.S. District Judge Jeremy D. Kernodle.
“Patients should be able to trust that their physicians are ordering tests and making laboratory referrals based on what is best for the patient, and not because the physicians are looking to pad their pockets with profits from kickbacks,” said U.S. Attorney Damien M. Diggs. “For several years, these defendants utilized an elaborate marketing scheme to facilitate payments to physicians in return for the physicians’ laboratory referrals. Improper financial relationships such as these undermine the integrity of federally-funded healthcare programs by influencing physician decision-making. This case emphasizes our District’s commitment to justice by pursuing both the hospital and lab executives who sought to influence the physicians and the physicians who accepted the illegal kickbacks.”
“The reach of HHS-OIG is far and wide. Our agents and law enforcement partners will not be deterred by the scope of a health care fraud investigation or the location of its’ defendants,” said Jason E. Meadows, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Dallas Region. “Kickback arrangements, regardless of their intended complexity, will always be an investigative priority for our agency.”
“The Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is committed to protecting the integrity of TRICARE, the health care system for military members and their dependents,” said Gregory P. Shilling, Acting Special Agent-in-Charge of DCIS’s Southwest Field Office. “Today's guilty verdicts send a clear message that DCIS, along with our law enforcement partners and the U.S. Attorney’s Office, will diligently pursue fraudsters who seek self-enrichment by undermining the integrity of this critical program.”
On January 12, 2022, Hertzberg, Theiler, Kraus, Hardaway, and Madison, as well as Jeffrey Paul Parnell, 55, of Tyler; Laura Spain Howard, 49, of Allen; Todd Dean Cook, 58, Wimauma, Florida; William Todd Hickman, 60, of Lumberton; Christopher Roland Gonzales, 47, of McKinney; Ruben Daniel Marioni, 39, of Spring; Jordan Joseph Perkins, 39, of Conroe; Elizabeth Ruth Seymour, 40, of Corinth; Linh Ba Nguyen, 59, of Dallas; Thuy Ngoc Nguyen, 55, of Dallas; Joseph Gil Bolin, of Dallas; Heriberto Salinas, 63, of Cleburne; and Hong Davis, 55, of Lewisville, were indicted for conspiring to commit illegal remunerations in violation of the Anti-Kickback Statute. The statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federal health care programs. The defendants were charged for their roles in a conspiracy through which physicians were incentivized to make referrals to rural hospitals and an affiliated lab in exchange for kickbacks which were disguised as investment returns; and in which marketers were incentivized to arrange for or recommend the ordering of services from rural hospitals and an affiliated lab.
Two rural Texas hospitals, Little River Healthcare (LRH) based in Rockdale, and Stamford Memorial Hospital based in Stamford, partnered with Boston Heart Diagnostics (BHD), a clinical laboratory based in Framingham, Massachusetts, that specialized in advanced cardiovascular lipid testing. For a fee, BHD processed the blood tests while the hospitals billed the tests to insurers as hospital outpatient services, with the hospitals charging insurers a much higher rate than BHD could receive as a clinical laboratory. The hospitals utilized a network of marketers who in turn operated management services organizations (MSOs) that offered investment opportunities to physicians throughout the State of Texas. In reality, the MSOs were simply a means to facilitate payments to physicians in return for the physicians’ laboratory referrals. Pursuant to the kickback scheme, the hospitals paid a portion of their laboratory revenues to marketers, who in turn kicked back a portion of those funds to the referring physicians who ordered BHD tests from the hospitals or from BHD directly. BHD executives and sales force personnel leveraged the MSO kickbacks to gain and increase referrals and, in turn, to increase their revenues, bonuses, and commissions.
Parnell, Howard, Cook, Hickman, Gonzales, Marioni, Perkins, Seymour, Thuy Nguyen, Salinas, and Davis pleaded guilty prior to trial.
In January 2022, Robert O’Neal, 65, of San Antonio, pleaded guilty to conspiracy to commit illegal remunerations, in violation of Anti-Kickback Statute, and with conspiracy to commit money laundering. His role in the kickback conspiracy was to arrange for physician referrals and recommend the ordering of services to the rural hospitals and BHD. O’Neal also had kickback proceeds laundered on his behalf and, at times various times, obtained proceeds from the kickback conspiracy.
In July 2023, Peter J. Bennett, 49, of Houston, was convicted of money laundering conspiracy, money transmitting conspiracy, and perjury. According to information presented in court, Bennett created sham trusts and shell corporations through which he laundered at least $2,724,080.41 in healthcare kickback proceeds. Bennett used his law firm’s Interest on Lawyers Trust Account (IOLTA), operating account, and a personal bank account to launder and transmit the kickback proceeds.
The defendants face up to five 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 case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, and the U.S. Department of Defense – Defense Criminal Investigative Service (DCIS) with assistance from the U.S. Secret Service and the U.S. Department of Commerce - Export Enforcement. It was prosecuted by Assistant U.S. Attorneys Adrian Garcia, Nathaniel C. Kummerfeld, Lucas Machicek, and Robert Austin Wells.
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Fitchburg Man Sentenced to 56 Months for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Wayne Nance, Jr. (a.k.a., Wayne Evangelista), 44, Fitchburg, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 56 months in prison for being a felon in possession of a firearm. Nance pleaded guilty to this charge on January 6, 2023.
In the spring of 2022, two citizen witnesses reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that Nance was committing gun crimes. The witnesses both met Nance at an area shooting range and he falsely claimed that he had a federal firearms license (FFL), saying that he had law enforcement letters that allowed him to legally manufacture machine guns and suppressors, also known as silencers. The witnesses both initially believed Nance and assisted him in making and testing firearms suppressors. However, they soon began to doubt his story when one learned that Nance’s purported firearms license was actually registered to a different business in another state.
On May 4, 2022, ATF agents executed a search warrant at Nance’s residence in Fitchburg, and they found two 9mm handguns in Nance’s bedroom. In a basement workshop, agents found tools and supplies to manufacture firearms and suppressors, the fraudulent FFL, illegal suppressors, and 22 firearms.
In 2014 Nance was convicted in the District of Connecticut of illegally possessing a firearm as a felon. In that case he was sentenced to 63 months in prison.
At sentencing, Judge Conley found that Nance had an extensive criminal history with a longstanding pattern of fraud, manipulation, and firearms possession. Judge Conley said that after serving his previous federal firearms sentence, Nance started to accumulate guns, joined a local gun club, and began manufacturing and test firing suppressors. Judge Conley concluded by saying that Nance had a hardened and cynical mindset. Nance was also ordered to serve three years of supervised release.
The charge against Nance was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Final smuggler sentenced for stealing and selling people and for scheme resulting in deathRead the Press Release
McALLEN, Texas – The final man involved in a fatal smuggling conspiracy has been ordered to federal prison for two separate smuggling events that occurred just weeks apart, announced U.S. Attorney Alamdar S. Hamdani.
Orlando Andres Garcia, 24, Mission, pleaded guilty to human smuggling resulting in death and conspiracy to harbor undocumented aliens within the United States Feb. 3, and Nov. 29, 2022, respectively.
U.S. District Judge Micaela Alvarez has now ordered Garcia to serve 120 months for the conspiracy to harbor in addition to 151 months for the smuggling event resulting in death. The sentences will be served in part consecutively for a total of 251 months in federal prison to be immediately followed by three years of supervised release.
At the hearing, the court heard how Garcia had been communicating with the other driver in the fatal smuggling event and encouraged him to reach dangerous speeds. Judge Alvarez also considered the life-altering and permanent injuries the survivors sustained in the accident and that Garcia was involved in stealing people and holding them for ransom a mere 18 days after the fatal accident.
In handing down the sentences, Judge Alvarez considered how the smugglers utilized multiple weapons, including firearms and a machete, further noting Garcia’s disregard for the well-being of the migrants and emphasizing the repetitiveness of his smuggling and the effects and harm his conduct has had on the victims and their families.
“Garcia trafficked in humans, not caring about the multiple lives he destroyed,” said Hamdani. “His actions led to the death of three migrants and to the kidnapping of nearly 50 at gunpoint. He saw migrants not as human beings but as property to buy and sell. Now, the only property he can buy or sell for years to come is what he can find in the prison’s commissary.”
“The fact that this unscrupulous smuggler put lives in danger to support his criminal activity is reprehensible. Today, justice was served,” said Special Agent in Charge Craig Larrabee for Homeland Security Investigations (HSI) San Antonio. “These deaths could have been prevented were it not for this individual’s concern more for his own greed rather than the safety of others. HSI remains committed to working with our law enforcement partners and utilizing our unique investigative authorities to bring to justice those responsible for horrible tragedies like this.”
On Oct. 22, 2021, Brandon Cibriano-Gonzalez acted as a brush guide to smuggle a group of 10 non-U.S. citizens from Mexico into the United States. Francisco Javier Quintanilla-Alcocer and Garcia then picked them up and began to drive them in a Chevrolet Impala and Chevrolet Malibu, respectively. Law enforcement attempted to conduct a traffic stop, but both vehicles failed to yield and a high-speed chase ensued. Evidence showed that Garcia had been communicating with Quintanilla-Alcocer and telling him to go faster. They reached speeds of 130 miles per hour.
Quintanilla-Alcocer eventually turned onto a dirt road in Mission where the Impala rolled and crashed into a homeowner’s fence. Authorities located a total of seven individuals on scene. Three had been ejected, two of whom died at the scene. Three months following the crash, a third migrant succumbed to his injuries.
Just a couple weeks after this event, Garcia was involved in another smuggling scheme and holding people for ransom. On Nov. 9, 2021, several conspirators had arrived at a stash house, screamed “immigration” and directed 47 fleeing individuals to multiple vehicles staged outside the residence. They then transported them in the backseats and trunks of vehicles to multiple residences before being transported once again.
While held at the stash houses, conspirators possessed and brandished firearms and contacted the families for additional funds to facilitate transportation north. Garcia also used the aliens as payment to co-conspirators for their assistance in the stealing the aliens. But when they were unable to secure monies for some of the aliens, several conspirators sold them to members of a third alien smuggling organization.
12 others have been convicted in relation to this scheme and received sentences of up to 80 months.
Mexican nationals Quintanilla-Alcocer, 39, and Cibriano-Gonzalez, 22, also pleaded guilty in the case resulting in death and have also been sentenced.
HSI led the investigations of both cases. Border Patrol, Palmview Police Department, and Texas Department of Public Safety assisted with the case resulting in death. Assistant U.S. Attorneys Lee Fry and Devin Walker prosecuted the cases.
Felon Sentenced for Illegally Possessing Stolen Firearms and AmmunitionRead the Press Release
SALT LAKE CITY, Utah – Jerime Montoya, 29, of Salt Lake County, Utah, was sentenced today to 60 months’ imprisonment, after he pleaded guilty to being a previously convicted felon in possession of stolen firearms and ammunition.
According to court documents, and admissions made during his change of plea hearing, Mr. Montoya possessed a Springfield Arms Co. AR-15 rifle, a Taurus G3c 9mm handgun, a Walther PPS M2 LE edition 9mm handgun, and ammunition. Montoya admitted that he knew it was illegal for him to possess firearms after a previous felony conviction. He also admitted that he knew the firearms were stolen because he stole them from their lawful owners. The firearms were manufactured outside of Utah, and then traveled to Utah in interstate commerce.
U.S. Attorney Trina A. Higgins of the District of Utah made the announcement.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Ruth Hackford-Peer of the U.S. Attorney’s Office for the District of Utah prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Federal Jury Convicts Rexburg Man of Fraud and Aggravated Identity Theft for Stealing from a Construction PartnershipRead the Press Release
POCATELLO – A federal jury found Kelly McCandless, 52, of Rexburg, guilty of four counts of wire fraud and four counts of aggravated identity theft after a six-day trial, U.S. Attorney Josh Hurwit announced today. The evidence established that McCandless defrauded his partners in a construction project out of nearly $500,000.
According to court records, in 2017, three individuals formed a partnership with the goal of putting their respective resources and skills together to build a 96-bed student housing property in Rexburg, Idaho. McCandless was one of those three individuals. His contribution was to build the property, using a loan secured by the partnership, at cost. In exchange for his efforts, he would be entitled to 24.5% of the building equity and all future proceeds.
Over the course of the next year, however, and beginning with the very first bank withdrawal, McCandless falsified subcontractor invoices, bank withdrawal requests, and unlawfully used subcontractors’ signatures to withdraw loan proceeds from the bank at a higher amount than what was invoiced to build the project. The bank relied on those documents and wired McCandless the proceeds from the loan. McCandless continued this scheme to the tune of nearly $500,000 and used the money to purchase personal items like a brand-new pickup truck, several snow mobiles, several dirt bikes, toy haulers, a Jeep, a Jeep Grand Cherokee, $5,000 in dental work, vacations, etc.
Chief U.S. District Judge David C. Nye accepted the jury’s verdict on November 29, 2023, and scheduled McCandless to be sentenced on March 26, 2024, at 11:00 am at the federal courthouse in Pocatello. McCandless faces a mandatory minimum of two, and up to twenty years in federal prison.
“The defendant defrauded partners who put their trust in him and spent the funds he stole on a lifestyle he could not legitimately afford,” said U.S. Attorney Hurwit. “We will not tolerate this illegal conduct, which truly harms victims and threatens our local economies. I’m grateful for the FBI’s hard work in this case, and we thank the jury for its service.”
“Mr. McCandless betrayed his partners’ trust, and like most fraudsters, he was simply motivated by greed,” said Shohini Sinha, Special Agent in Charge of the Salt Lake City FBI. “Financial fraud has far-reaching consequences, and the FBI and our partners will continue to hold those who engage in these types of schemes accountable.”
U.S. Attorney Hurwit commended the work of the Federal Bureau of Investigation, which led to the charges. Assistant U.S. Attorneys David Morse and John Shirts prosecuted this case.
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Fake car loans and payroll scams send fraudulent College Station pastor to prisonRead the Press Release
HOUSTON – A 61-year-old man has been sentenced after pleading guilty to conspiracy to commit wire fraud, announced U.S. Attorney Alamdar S. Hamdani.
William Dexter Lucas pleaded guilty Dec. 8, 2022, for his role in orchestrating a scheme to steal funds from the Payroll Protection Plan (PPP) and various car dealerships by faking forms to obtain car loans.
U.S. District Judge Charles Eskridge has now ordered Lucas to serve 97 months in federal prison to be immediately followed by five years of supervised release. He was also ordered to pay $286,359.14 in restitution to the Small Business Administration (SBA) and the victimized car dealerships.
In handing down the sentence, Judge Eskridge noted the lengths Lucas had gone to steal from his victims, including forging multiple documents and manipulating potential witnesses against him. The court also heard additional evidence describing Lucas’ lengthy criminal history and refusal to acknowledge portions of his guilt.
“William Dexter Lucas, a con man who worked several schemes at once, cloaked himself in the robes of a fake church so he could defraud local businesses and steal from taxpayers,” said Hamdani. “And he stole not to give to the poor, but to line his own pockets with money meant to help those struggling with the ravages of the COVID-19 pandemic. Thankfully the law has caught up to William Lucas, giving have ample time to think over his past sins as he sits in a prison cell.”
At the time of the plea, Lucas admitted conspiring with several others to defraud car dealerships and the U.S. government from on or around 2017 to 2020. To facilitate his scheme, Lucas set up and claimed to operate the “Jesus Survives Ministry,” a church existing only on paper.
Upholding the title of “pastor” of the non-existent church, Lucas applied for a $50,000 PPP loan to cover the fictitious payroll needs. Additionally, using one of roughly 20 different known aliases, Lucas applied for multiple car loans by submitting various fraudulent forms and financial statements.
In total, the scheme cost the SBA and various car dealerships across the country over $400,000 in losses, leaving U.S. taxpayers to fund his fraud.
When authorities began investigating Lucas’s crimes, he attempted to cover them up by filing false claims of stolen identity with the Federal Trade Commission.
Previously released on bond, he was ordered into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation with assistance from the SBA and Treasury Inspector General for Tax Administration. Assistant U.S. Attorney (AUSA) Thomas Carter and former AUSA Zahra Fenelon prosecuted the case.
Fairbanks man arrested on child pornography, enticement of minor chargesRead the Press Release
ANCHORAGE, Alaska – A Fairbanks man was arrested by the FBI Tuesday at an Anchorage hotel on criminal charges related to his alleged attempts to produce child pornography and entice a minor.
According to court documents, Dahkota Mitchell, 30, started communicating with and attempting to meet an individual that he believed was a 12-year-old girl on July 7, 2023. The conversation lasted for multiple months. The defendant used an online messaging application where he directed the individual to send explicit content, and discussed meeting in person and sexual interactions that would occur if they met in person.
Mitchell is charged with one count attempted production of child pornography, in violation 18 U.S.C. §2251(a), one count attempted coercion and enticement of a minor, in violation of 18 U.S.C. §2251(b), and one count of possession for child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), (b)(2). If convicted, he faces a mandatory minimum penalty of 15 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska and Special Agent in Charge Antony Jung of the FBI Anchorage Field Office made the announcement.
The FBI Anchorage Field Office is investigating the case. If anyone has information concerning Mitchell’s alleged actions or may have encountered someone using the username “daxter1495” or screenname “Dahkota Mitchell” on an online messaging app, please contact the FBI Anchorage Field Office at (907) 276-4441 or anonymously online at tips.fbi.gov.
Assistant U.S. Attorneys Carly Vosacek and Jennifer Ivers are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood combines 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.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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East Feliciana Parish Man Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – CLARENCE “BILLY” BURKETTE, age 55, a resident of Slaughter, Louisiana, pleaded guilty on November 9, 2023, to wire fraud, announced U.S. Attorney Duane A. Evans.
According to his guilty plea, BURKETTE admitted to defrauding the Town of Pearl River in connection with the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. This program provides grants for state, territorial, tribal, and local governments, and certain types of non-profits, and is administered by the Governor’s Office of Homeland Security and Emergency Preparedness (GOHSEP). BURKETTE, who contracted to provide disaster assistance services to the Town of Pearl River, misrepresented, among other things, the amount of public assistance grant funds available to the Town of Pearl River. BURKETTE further misrepresented that his own fees would be reimbursed by FEMA. The Town of Pearl River paid BURKETTE $185,200 for services related to the Disaster Assistance Agreement that he falsely claimed to have provided.
BURKETTE faces a maximum sentence of thirty years in prison. After imprisonment, he faces up to five years of supervised release, up to a $1,000,000 fine, and a $100 mandatory special assessment fee. Pursuant to the plea agreement, BURKETTE will also owe the Town of Pearl $598,196.25 in restitution.
U.S. Attorney Evans commended the Special Agents of the Federal Bureau of Investigation, Department of Homeland Security Office of Inspector General, IRS-Criminal Investigation, and the District Attorney’s Office, 22nd Judicial District, for their handling of the matter. The case is being prosecuted by Assistant United States Attorneys Andre J. Lagarde of the Public Integrity Unit and J. Benjamin Myers of the Narcotics Unit.
Drug Trafficker Sentenced to More Than 7 Years in PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Steven Merryday has sentenced Uriel Rosales Carvajal (34, Polk County) to seven years and three months in federal prison for conspiracy to distribute and possession with the intent to distribute cocaine and methamphetamine. Rosales Carvajal had pleaded guilty on August 9, 2023.
According to court documents, Rosales Carvajal was part of a drug trafficking conspiracy in the Middle District of Florida. Specifically, on June 13, 2022, at the direction of a co-conspirator, Rosales Carvajal provided a sample of cocaine to an undercover officer at gas station in Plant City. When Rosales Carvajal was pulled over by law enforcement later that day, he had almost one a kilogram of cocaine, a box for a cellphone containing approximately 135 grams of methamphetamine, plastic baggies, and a digital scale.
This case was investigated by the Drug Enforcement Administration and the Plant City Police Department as part of the Organized Crime Drug Enforcement Task Force (OCDETF), which identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. It was prosecuted by Assistant United States Attorney Michael R. Kenneth.
Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Dominican National Sentenced to Federal Prison for Passport Fraud and Aggravated Identity TheftRead the Press Release
Orlando, FL – U.S. District Judge Paul G. Byron has sentenced Yudelka Magdalena Herrera Dominguez (57, Kissimmee) to two years in federal prison for passport fraud and aggravated identity theft. Herrera Dominguez had pleaded guilty on August 23, 2023.
According to court documents, Herrera Dominguez is a citizen of the Dominican Republic who moved to the United States in approximately 2000. She applied for and was issued a United States Passport in 2001 and 2011. In her passport application, she used the name, date of birth, and Social Security number of W.L.D.C., whom she had never met. In March 2021, the real W.L.D.C. applied for a United States Passport and discovered that an imposter had already applied for a passport in her name. Herrera Dominguez also applied for a passport renewal in W.L.D.C.’s name in September 2022, which was denied.
This case was investigated by the United States Bureau of Consular Affairs and the U.S. Department of State’s Diplomatic Security Service. It is being prosecuted by Special Assistant United States Attorney Rachel Lyons.
District Man Sentenced to 42-Month Prison Term for BurglaryRead the Press Release
WASHINGTON – Marcus Hawkins, 34, of Washington, D.C., was sentenced today to a 42-month prison term for burglarizing a home located in the 400 block of Florida Avenue, NW, announced U.S. Attorney Matthew M. Graves and Chief Pamela Smith of the Metropolitan Police Department (MPD).
Hawkins pleaded guilty in June 2023 to one count of second-degree burglary in the Superior Court of the District of Columbia. He was sentenced by the Honorable Erik Christian. Following his prison term, Hawkins will be placed on three years of supervised release.
According to the government’s evidence, Hawkins broke into the Florida Avenue residence around midnight on June 15, 2023. He stole several items from the home, including Sony over-ear headphones, a debit card, and a computer backpack. He used the debit card in a nearby convenience store then returned to the same residence, entered a bedroom where a resident was sleeping, and fled from the home only after the victim woke up and shouted at Hawkins. Members of the Metropolitan Police Department used footage from the convenience store to identify the suspect, and a patrol officer spotted Hawkins two days later wearing the stolen backpack.
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.
Des Moines Man Sentenced to Federal Prison After Pointing a Gun at Police Following a Car ChaseRead the Press Release
DES MOINES, Iowa – A Des Moines man was sentenced on November 16, 2023 to 13-and-a-half years in federal prison for possessing a firearm as a felon.
According to public court documents, Fawnie Allen Avery, 36, was on parole with the State of Iowa when he led officers with the Des Moines Police Department on a nighttime chase through residential neighborhoods after law enforcement attempted to conduct a traffic stop of his vehicle. Avery crashed his vehicle, climbed out of his window, and attempted to flee on foot. A uniformed officer attempted to apprehend him. Avery struggled against the officer and pulled a firearm from his waistband. Avery pointed his firearm at a plain clothes officer and chambered a round in the firearm. Police were able to subdue Avery when a third officer arrived on scene.
At sentencing, the District Court found that two Des Moines Police officers were victims of Avery’s offense because Avery pulled his gun during the struggle leading to his arrest, pointed his gun at an officer, and chambered a round in his gun. The Court also found that Avery recklessly created a substantial risk of injury or death during the vehicle chase prior to his arrest.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Des Moines Police Department.