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Monday 7 August 2023
Evansville Man Sentenced to over 15 Years in Federal Prison for Dealing Fentanyl Resulting in Fatal OverdoseRead the Press Release
EVANSVILLE- Kalib Scott Powell, 29 of Evansville, has been sentenced to 188 months in federal prison after pleading guilty to dealing fentanyl resulting in death.
According to court documents, on February 21, 2019, Powell sold J.H. a half-gram of fentanyl powder in exchange for United States currency. On February 23, 2019, J.H. overdosed and died. Her cause of death was determined to be fentanyl intoxication.
The Vanderburgh County Sheriff’s Office responded to the overdose and recovered J.H.’s cell phone. An examination of that phone revealed a conversation about the planned purchase of fentanyl from Powell. It was uncovered that Powell had previously been warned by a customer after she sampled the fentanyl powder that it was very strong and “someone was going to die” from the ingestion of it. Nevertheless, Powell continued to sell the fentanyl powder knowing the danger.
United States Attorney for the Southern District of Indiana, Zachary A. Myers, Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office; and Sheriff Noah Robinson of the Vanderburgh County Sheriff’s Office made the announcement.
“Fentanyl is a powerful and lethal poison that traffickers sell with utter disregard for human life,” said U.S. Attorney for the Southern District of Indiana, Zachary A, Myers. “The serious prison sentence imposed here will not bring the victim back to their family, but it is an important measure of accountability and justice. We will continue our efforts with the DEA and Vanderburgh County Sheriff’s Office to hold fentanyl dealers accountable for the devastation they cause, and hopefully save others from suffering the same tragic fate.”
The Drug Enforcement Administration and Vanderburgh County Sheriff’s Office investigated the case. The sentence was imposed by U.S. District Court Judge, Richard L. Young. Judge Young also ordered that Powell be supervised by the U.S. Probation Office for 3 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant United States Attorney Lauren M. Wheatley, who prosecuted this case.
According to the Drug Enforcement Administration, as little as two milligrams of fentanyl can be fatal, depending on a person’s body size, tolerance, and past usage. One kilogram of fentanyl has the potential to kill 500,000 people. 6 out of 10 illegal fentanyl tablets sold on U.S. streets now contain a potentially lethal dose of the drug.
One Pill Can Kill: Avoid pills bought on the street because One Pill Can Kill. Fentanyl has now become the leading cause of death in the United States. Fentanyl is a highly potent opioid that drug dealers dilute with cutting agents to make counterfeit prescription pills that appear to be Oxycodone, Percocet, Xanax, and other drugs. Fake prescription pills laced with fentanyl are usually shaped and colored to look like pills sold at pharmacies. For example, fake prescription pills known as “M30s” imitate Oxycodone obtained from a pharmacy, but when sold on the street the pills routinely contain fentanyl. These pills are usually round tablets and often light blue in color, though they may be in different shapes and a rainbow of colors. They often have “M” and “30” imprinted on opposite sides of the pill. Do not take these or any other pills bought on the street – they are routinely fake and poisonous, and you won’t know until it’s too late.
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Dubuque Man Pleads Guilty to Possessing Firearm as Prohibited PersonRead the Press Release
A man who possessed a firearm as a felon and as a drug user pled guilty today in federal court in Cedar Rapids.
Eric Thomas, age 48, from Dubuque, Iowa, was convicted of possessing a firearm as a prohibited person.
In a plea agreement, Thomas admitted that he possessed a loaded gun along with a mixture of heroin and fentanyl. Thomas was a daily heroin user and had six prior felony convictions, including three burglary convictions, one conviction for assault on a peace officer while displaying a dangerous weapon, one conviction for a controlled substance violation, and one conviction for manufacturing or delivering controlled substances.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Thomas remains in custody of the United States Marshal pending sentencing. Thomas faces the following maximum penalties: (1) not more than 15 years’ imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than three years. If the court finds that Thomas has three previous convictions for a violent felony or a serious drug offense, or both, committed on occasions different from one another, then pursuant to 18 U.S.C. § 924(e)(1), Thomas’s crime is punishable by a mandatory minimum sentence of 15 years’ imprisonment without the possibility of parole and the following maximum penalties: (1) not more than life imprisonment without the possibility of parole; (2) a fine of not more than $250,000; (3) a mandatory special assessment of $100; and (4) a term of supervised release of not more than five years.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce
violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case is being prosecuted by Special Assistant United States Attorney Devra Hake and was investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-1012.
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Corpus couple caught carrying meth in cookiesRead the Press Release
VICTORIA, Texas – Two Corpus Christi residents have pleaded guilty to conspiracy to possess with the intent to distribute over 50 grams of meth, announced U.S. Attorney Alamdar S. Hamdani.
On March 14, Jason Elijah Talley, 43, was the driver with Crystal Nichole Samora, 33, as passenger in a Lexus in Victoria. Authorities conducted a traffic stop after observing the vehicle following too closely.
Law enforcement detained Talley and ordered him to sit in the grass. At that time, they discovered a bag suspected of containing meth in the area where Talley was sitting.
A physical search of the vehicle resulted in the seizure of Xanax bars, heroin, a myriad of pills, meth and multiple handguns. Authorities discovered a carboard box found directly behind the passenger seat which contained cookies in one layer and five large plastic containers containing a substance in another. Law also enforcement observed two plastic bags containing a substance and a Sig Sauer firearm in a purse.
The investigation revealed the firearm was stolen out of Corpus Christi. The substance was confirmed as 5,806 grams of meth with a purity level of 94 percent.
U.S. District Judge David S. Morales will impose sentencing in November. At that time, Talley and Samora face up to life in federal prison and a possible $10 million maximum fine.
Both have been and will remain in custody pending sentencing.
The Drug Enforcement Administration conducted the investigation with the assistance of the Victoria Police Department. Assistant U.S. Attorney Liesel Roscher and Patti Booth are prosecuting the case.
Convicted Felon Pleads Guilty to Firearm ChargeRead the Press Release
BIRMINGHAM, Ala. – A convicted felon pleaded guilty today to being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
Timothy Jabbar Wyatt, 31, of Clanton, pleaded guilty yesterday before U.S. District Court Judge Karen O. Bowdre to being a felon in possession of a firearm.
According to the plea agreement, on January 15, 2023, a Calera Police Department officer observed a vehicle on the side of Interstate 65 at mile marker 229. A male, later identified as Wyatt, was standing beside the vehicle. The officer stopped to assist. Upon approaching, Wyatt dropped some food items and a case of water he was holding. He then fled into the woods off the side of the interstate. Calera Police Department officers searched for Wyatt in the woods. The next day, Calera Police Department officers found Wyatt in a makeshift shelter structure next to a stream in the woods. Officers looked in the shelter to make sure no one else was in it and found a Sundance .25 caliber pistol loaded with five rounds of ammunition.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The ATF investigated the case, along with the Calera Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
Commerce Township Man Pleads Guilty in Pandemic Loan Fraud SchemeRead the Press Release
DETROIT - A Commerce Township resident pleaded guilty today to orchestrating a fraud scheme involving approximately $851,000 in loans intended to help small businesses stay afloat during the Covid-19 pandemic, United States Attorney Dawn N. Ison announced today.
Joining in the announcement was Angie M. Salazar, Special Agent in Charge of the Detroit Field Office of Homeland Security Investigations (HSI).
Ryan Carruthers, 32, entered a plea of guilty to one count of wire fraud before United States District Judge Paul D. Borman. The guilty plea arose out of Carruthers’ participation in a wide-ranging scheme to fraudulently obtain loans from two pandemic relief programs overseen by the Small Business Administration (SBA).
“Ryan Carruthers stole nearly a million dollars from programs intended to help our community weather an unprecedented national crisis. Every dollar that went to Mr. Carruthers is a dollar that did not go to a small business that needed help during the pandemic,” said United States Attorney Ison. “My office takes pandemic fraud extremely seriously, and we will continue to dedicate resources to bringing those who perpetrated such frauds to justice.”
“This case shows the efforts some will take to defraud their fellow community members and taxpayers,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “Today, three years after the start of the pandemic, we are still investigating fraud and working to ensure that those who received this money did so honestly and justly. The message should be clear for anyone who stole these funds for personal enrichment, our HSI agents and partners are committed to holding you accountable.”
According to the plea agreement, in approximately April 2020, Carruthers began to submit electronic applications for pandemic relief loans in the names of various business entities he purported to own and control. Between April 2020 and April 2021, Carruthers submitted 12 loan applications through the ‘’Paycheck Protection Program,” (PPP), which was an SBA-administered program that provided forgivable loans to businesses to encourage them to keep workers employed during the pandemic. Carruthers also submitted a loan application under the SBA’s ‘’Economic Injury Disaster Loan Program” (EIDL), which was a program that provided low-interest financing to businesses adversely affected by the pandemic.
According to the plea documents, the loan applications described above contained numerous material misrepresentations and false statements. Carruthers’s business entities were shell businesses that existed on paper only; they had no revenue, employees, or ongoing operations of any sort. However, Carruthers claimed in his applications that each of these entities had between three and 15 employees. The average monthly payroll amounts included in the applications were fictitious, as were representations about how the money would be spent.
Carruthers received approximately $851,963 in proceeds from the 13 loans that were funded as part of his scheme. According to the plea documents, Carruthers used these fraudulently obtained monies to, among other things, pay off the mortgage on his home, purchase a personal watercraft, and pay various personal expenses.
Sentencing is set for December 5, 2023 before Judge Borman.
The case is being prosecuted by Assistant United States Attorney John K. Neal. The investigation was conducted by HSI.
Chelsea Sunn Pleads Guilty to Defrauding Former EmployerRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that Chelsea Sunn, 31, of White River Junction, pleaded guilty today in United States District Court in Burlington to a charge of wire fraud. U.S. District Judge William Sessions III released Sunn on conditions pending sentencing, which has been scheduled for December 4.
On July 7, 2023, the United States Attorney filed a one-count information charging Sunn with wire fraud. Sunn pleaded guilty to that information today in court. According to the information, between 2016 and April 2020, Sunn, who was then known as Chelsea Roy, was employed by Blakeman’s Towing and Recovery, a business in White River Junction. Sunn was hired as a full-time office worker but later converted to part-time employment. Sunn was compensated on an hourly basis that included time-and-one-half pay for claimed overtime work. Among other duties, Sunn handled Blakeman’s billing and payroll.
According to the information, beginning no later than December 2018 and continuing at least until March 2020, Sunn defrauded Blakeman’s Towing and Recovery by falsely inflating the hours she reportedly worked. This caused Blakeman’s to pay Sunn tens of thousands of dollars beyond her authorized compensation.
In the course of defrauding Blakeman’s Towing and Recovery, Sunn used the interstate wire communication system to report her fraudulently-inflated work hours, and caused Blakeman’s to make electronic direct deposits of fraudulently-obtained funds into Sunn’s bank account in Vermont.Sunn faces a maximum penalty of 20 years in prison and a fine of up to $250,000. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
This case was investigated by the United States Secret Service.Sunn is represented by David Kirby, Esq. The prosecutor is Assistant U.S. Attorney Gregory Waples.
California Man Sentenced to over 13 Years of Prison for Possession with Intent to Distribute FentanylRead the Press Release
Gulfport, Miss. – A California man was sentenced to 159 months in prison for possession with intent to distribute fentanyl, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Cedric Joseph Gaytan, age 63, of Orange, California, was sentenced in U.S. District Court in Gulfport.
According to court records, after a controlled purchase of fentanyl pills from Gaytan on July 22, 2022, agents obtained a search warrant for Gaytan’s Biloxi residence. During the search of the residence, investigators located 173 grams of fentanyl inside of a grandfather clock in the living room.
Gaytan was indicted by a federal grand jury on August 16, 2022. He pled guilty to one count of possession with intent to distribute fentanyl on March 28, 2023.
The case was investigated by the Drug Enforcement Administration and the Biloxi Police Department.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
California Man Sentenced to Almost 20 Years in Prison for Conspiracy to Possess with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, Miss. – A California man was sentenced to 237 months in prison for Conspiracy to Possess with Intent to Distribute Methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Brad L. Byerley of the Drug Enforcement Administration.
Brent Alan Wright, age 50, of Yorba Linda, California, was sentenced on August 3, 2023 in U.S. District Court in Gulfport.
According to court records, on December 29, 2021, DEA agents received information regarding a drug trafficking organization in Long Beach, MS. The investigation revealed that the leader of this drug trafficking organization (DTO), Antonina Troyer, was receiving multi-pound packages of methamphetamine from Brent Alan Wright in California. Wright used the United States Postal Service to ship methamphetamine to Troyer on several occasions. During the course of the conspiracy, Wright shipped approximately 2.9 kilograms of methamphetamine to South Mississippi.
The case was investigated by the Drug Enforcement Administration and Hancock County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Erica Rose.
Brantley County man sentenced to federal prison for distributing sexually explicit images of childrenRead the Press Release
BRUNSWICK, GA: A south Georgia man has been sentenced to more than 10 years in federal prison for distributing sexually explicit images of children.
Gary Kreitzman, 36, of Nahunta, Ga., was sentenced to 142 months in prison after previously pleading guilty to Distribution of Child Pornography, said Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Lisa Godbey Wood also ordered Kreitzman to register as a sex offender and to serve 10 years of supervised release upon completion of his prison term.
There is no parole in the federal system.
“Children are re-victimized every time sexually exploitive images are shared,” said U.S. Attorney Steinberg. “We are committed to working with our law enforcement partners to hold accountable the predators who endanger our most vulnerable citizens.”
As described in court documents and testimony, the Georgia Bureau of Investigation received a cybertip from the National Center for Missing and Exploited Children in July 2020, alerting agents to images of child pornography being transferred through an online chat application. The investigation led the agents to Kreitzman’s residence, and during a search of the property, agents seized multiple electronic devices with hundreds of sexually explicit images of children. Kreitzman told investigators that he shared the images in the online chat application to gain access to more images.
“The GBI’s Child Exploitation and Computer Crimes Unit is committed to protecting children from these predators,” said Chris Hosey, Director of the Georgia Bureau of Investigation. “This federal prison sentence illustrates the results of a strong and united partnership amongst local, state, and federal agencies.”
The case was investigated by the Georgia Bureau of Investigation and the Brantley County Sheriff’s Office and prosecuted for the United States by Assistant U.S. Attorney Jennifer M. Kirkland.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Baton Rouge Man Sentenced to Seventeen Years in Federal Prison for Armed Robbery and Related Gun OffenseRead the Press Release
United States Attorney Ronald C. Gathe, Jr., announced that U.S. District Judge John W. deGravelles sentenced Oreall Ruffin, age 25, of Baton Rouge, Louisiana, to 205 months in federal prison following his convictions for interference with commerce by robbery and using, carrying, and brandishing a firearm during a crime of violence. The Court further ordered Ruffin to serve three years of supervised release following his term of imprisonment.
According to admissions made as part of his guilty plea, on or about November 17, 2019, Ruffin along with three other masked and armed men, entered the Dollar General store on 4755 Prescott Drive in Baton Rouge, Louisiana. The four robbers all brandished handguns. In the store, Ruffin walked up to a Dollar General cashier and pointed his handgun at the cashier. Ruffin then jumped over the register and, unlawfully and against their will, took money from the safe while directly in the presence of a Dollar General employee. Ruffin and the other robbers obtained approximately $7,000 from Dollar General.
On or about November 21, 2019, Ruffin and three other individuals approached two employees of the Dollar General store located at 6365 Scenic Hwy as they stood outside the front door getting ready to lock the security gate. All robbers were wearing masks and armed with guns. During the robbery, Ruffin wore a gas mask that had distinctive red markings on it. The robbers, brandishing their guns, forced the two employees to open the door and enter the store. Ruffin ordered an employee to the back of the store while pointing a handgun at him and had the employee turn off an alarm. While in the presence of the robbers, an employee, against her will, removed approximately $1,200 from a safe and provided it to the robbers.
On or about November 22, 2019, Ruffin along with another masked, armed man entered the Family Dollar store located at 3777 North Sherwood Forest Blvd holding and pointing handguns at two Family Dollar employees working near the end of their shift. During the robbery, Ruffin wore a gas mask with distinctive red markings. He ordered an employee to get on the ground and open the safe. The employee opened the safe and handed the money to the robbers. The robbers, unlawfully and against the employees’ will, took approximately $2,416.48 dollars.
U.S. Attorney Ronald Gathe stated, “Crimes such as these have a lasting affect on the victims. No one should be forced at gunpoint to submit to the will of another. I thank all of our local and federal partners for working together and bringing this defendant to justice.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Baton Rouge Police Department with assistance from the Louisiana State Police Crime Laboratory. This case was prosecuted by Assistant United States Attorneys Jeremy S. Johnson and M. Patricia Jones.
Andrew Haden Sworn in as Acting U.S. AttorneyRead the Press Release
NEWS RELEASE SUMMARY – August 7, 2023
SAN DIEGO – Andrew R. Haden was sworn in today as Acting U.S. Attorney for the Southern District of California, one of the busiest federal districts in the nation. U.S. District Court Chief Judge Dana Sabraw administered the oath of office to Haden in the presence of his senior leadership team and a small group of friends and family.
Haden is a veteran prosecutor who has served in several high-profile leadership roles for the U.S. Attorney’s Office, including as the First Assistant U.S. Attorney (second-in-command) for the last year. Officially, Haden was appointed as Acting U.S. Attorney by the Department of Justice, under the Vacancies Reform Act, after the resignation on August 4, 2023, of then-U.S. Attorney Randy S. Grossman.
“I am deeply honored to serve our nation and the people of this District as Acting United States Attorney,” Haden said. “I am looking forward to continuing my work with the outstanding team at the U.S. Attorney’s Office and our excellent law enforcement partners.”
The U.S. Attorney’s Office enforces federal criminal laws in the Southern District of California, which includes San Diego and Imperial counties, and represents the federal government in civil litigation. The office is one of the nation’s largest, comprised of approximately 300 attorneys and staff members. As the Acting U.S. Attorney, Haden is the chief federal law enforcement official for the district.
Haden is a career federal prosecutor. He joined the U.S. Attorney’s Office in 2010, after being selected and hired through the Attorney General’s Honors Program. During his almost 13 years in the San Diego office, Haden has worked in the General Crimes Section, as the District’s Project Safe Neighborhoods Coordinator, as a Deputy Chief in both the Reactive and Major Crimes Sections, as the Chief of the Violent Crimes & Human Trafficking Section, as the Chief of the Criminal Division, and most recently, as the First Assistant U.S. Attorney.
In 2020, Haden received the nationwide Director’s Award for Superior Performance in a Managerial or Supervisory role from the Executive Office for United States Attorney’s for “extraordinary leadership contributions” to the Department of Justice from 2016-2019. Prior to joining the U.S. Attorney’s Office, Haden served as a law clerk for U.S. District Judge Thomas J. Whelan in the Southern District of California.
A San Diego native, Haden is a graduate of University City High School. He received his Bachelor of Arts in Political Science from Stanford University. After college, Haden was commissioned as an Officer in the United States Navy where he served for five years, which included two overseas deployments. For his last assignment, Haden was the Navigator on the USS MOBILE BAY (CG-53), a guided-missile cruiser homeported in San Diego. Haden received his law degree from the University of San Diego.
Additional defendant charged in case involving armed robbery of mail carrierRead the Press Release
COLUMBUS, Ohio – A third defendant has been arrested on charges relating to an April 2023 armed robbery of a mail carrier.
Cody N. Beasley, also known as “Drose,” 22, of Columbus, was included in a superseding indictment returned in federal court on Aug. 3. Beasley remains in federal custody.
Mahad S. Jama, 21, of Westerville, and Da’mon D. May, 18, of Columbus, were charged in April 2023, 10 days after they allegedly robbed a mail carrier at gunpoint.
According to court documents, on April 4 at 3:20pm, Jama and May robbed at gunpoint a USPS letter carrier who was sitting in his work vehicle on Sawmill Road in Dublin.
Jama allegedly approached the USPS vehicle, brandished a handgun that May provided him, and demanded the carrier’s U.S. Postal Service key. Beasley is alleged to have aided and abetted them in that robbery.
The defendants allegedly robbed the worker of an “arrow key” that gives access to mail collection boxes. The U.S. Attorney’s Office and partner law enforcement agencies continue to investigate a network of individuals involved in robbing or stealing U.S. Postal Service keys for the purpose of stealing checks from collection boxes.
The three defendants are charged with robbery of mail, a federal crime punishable by up to 25 years in prison, and using, carrying, and brandishing a firearm during a crime of violence, which carries a penalty of at least seven years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and Lesley C. Allison, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Pittsburgh Division; announced the charges. Assistant United States Attorneys Noah R. Litton and Elizabeth A. Geraghty are representing the United States in this case.
A superseding indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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Activity in the U.S. Attorney's OfficeRead the Press Release
Sexual Exploitation of a Child
Kyle Smith, age 33, of Sheridan, Wyoming, was sentenced on July 31, 2023, to 420 months’ imprisonment for sexual exploitation of children and attempted sexual exploitation of a child. U.S. District Court Judge Alan B. Johnson imposed the sentence which included fifteen years of supervised release, a $200 special assessment and $3,206.67 in restitution.
According to court documents, the case originated when Internet Crimes Against Children (ICAC) investigators received Cybertips from both Snapchat and Instagram for accounts that were associated with the defendant. While ICAC was investigating these Cybertips, police in Mansfield, Texas, were separately investigating Snapchat accounts linked to the defendant for soliciting child pornography and sextortion. ICAC agents obtained search warrants and discovered that Smith was messaging numerous underage girls over Snapchat and other applications. In the messages, Smith would threaten and manipulate the underage girls into producing child pornography for him. This case was investigated by the Wyoming Division of Criminal Investigation’s ICAC unit, the Mansfield (Tex.) Police Department, and Homeland Security Investigations. Assistant U.S. Attorney Z. Seth Griswold prosecuted the case. Case No. 22-CR-00137
Firearm Offenses
Luis Martinez-Garcia, age 36, a citizen of Mexico who was unlawfully in the United States, was sentenced on July 25, 2023, to 12 months’ probation with special conditions and a $100 special assessment for intending to transfer ammunition to a prohibited person. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence. According to court documents, Martinez-Garcia was detained by the Mills Police Department after a traffic stop where he was in possession of a firearm and .40 caliber ammunition. When stopped, Martinez-Garcia was driving to a shooting range where he intended to give the ammunition to an acquaintance who was also not lawfully in the United States and therefore a person prohibited from possessing a firearm or ammunition under federal law. Martinez-Garcia was later taken into custody by the U.S. Immigration and Customs Enforcement in the Casper for having no legal status in the United States and indicted. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore. Case No. 23-CR-00035
Drug Trafficking
Derek Ascherin, age 30, of Cheyenne, Wyoming, was sentenced on August 1, 2023, to 51 months’ imprisonment for possession with intent to distribute fentanyl. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence which included three years of supervised release, $500 community restitution and a $100 special assessment.
According to court documents, on October 25, 2022, Cheyenne Police Department (CPD) officers were dispatched to Capitol City Storage on a report of a suspected trespasser asleep in a vehicle. CPD officers arrived on scene and contacted Ascherin asleep in a Honda sedan. During their investigation, officers located multiple plastic bags with methamphetamine and fentanyl pills and placed Ascherin under arrest for being under the influence of a controlled substance. In total, the defendant possessed approximately 17 grams of methamphetamine and 8.9 grams (82 pills) of fentanyl. Ascherin pled guilty to possession with intent to distribute fentanyl. The case was investigated by the Cheyenne Police Department and prosecuted by Assistant U.S. Attorney Timothy J. Forwood. Case No. 23-CR-00026
Illegal Re-Entry of Previously Deported Alien into the U.S.
Luis Montano-Sanchez, age 31, a citizen of Mexico, was sentenced on August 2, 2023, to one month imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program. This case was prosecuted by Assistant U.S. Attorney Michael J. Elmore.
Carlos Moreno-Rodriguez, age 32, a citizen of Mexico, was sentenced on July 27, 2023, to five months’ imprisonment for illegal re-entry of a previously deported alien into the United States. Chief U.S. District Court Judge Scott W. Skavdahl imposed the sentence and recommended the Bureau of Immigration and Customs Enforcement begin removal proceeding during service of his sentence pursuant to the Institutional Hearing Program.
About the United States Attorney’s Office
The United States Attorney’s Office is responsible for representing the federal government in virtually all litigation involving the United States in the District of Wyoming, including all criminal prosecutions for violations of federal law, civil lawsuits brought by or against the government, and actions to collect judgments and restitution on behalf of victims and taxpayers. The Office is involved in several programs designed to make our communities safer. They include:
Environmental Justice
The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Project Safe Childhood
Project Safe Childhood (PSC) is a DOJ initiative that combats the proliferation of technology-facilitated sexual exploitation crimes against children. The threat of sexual predators soliciting children for sexual contact is well-known and serious.
Project Safe Neighborhoods
Project Safe Neighborhoods (PSN) is a nationwide commitment to reducing gun and gang crime in America by networking existing local programs that target gun crime and providing these programs with additional tools necessary to be successful.
Victim Witness Assistance
The Victim Witness Coordinator for the United States Attorney’s Office for the District of Wyoming is dedicated to making sure that victims of federal crimes and their family members are treated with compassion, fairness, and respect.To report a federal crime, go to: https://www.justice.gov/actioncenter/report-crime#traffickin
Saturday 5 August 2023
Arizona Man Sentenced to More Than 20 Years in Prison for Trafficking Counterfeit Fentanyl Pills into OhioRead the Press Release
CLEVELAND – Solomon Odubajo, 37, of Tempe, Arizona, was sentenced to 248 months of imprisonment on August 3, 2023 by U.S. District Judge Dan Aaron Polster. A jury previously convicted Odubajo at trial of all six counts in his indictment: Conspiracy to Distribute and Possess with Intent to Distribute Fentanyl, Interstate Travel in Aid of Racketeering, Attempted Possession with Intent to Distribute Fentanyl, Possession with Intent to Distribute Fentanyl, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Felon in Possession of a Firearm.
According to evidence introduced at trial, on April 5, 2022, Odubajo mailed a parcel from Phoenix, Arizona to an address in Garfield Heights, Ohio. On April 6, 2022, U.S. Postal Inspectors in Cleveland intercepted the parcel and obtained a search warrant for it. After opening the parcel, the Postal Inspectors found that it contained approximately one kilogram of fentanyl pills, stamped to look like blue 30mg oxycodone pills. The pills were hidden inside of a vacuum cleaner in the parcel. The Cuyahoga County Regional Forensic Sciences Laboratory (CCRFSL) later found latent prints on the interior of the parcel. A latent print examiner at the CCRFSL determined that those matched Odubajo’s prints.
On April 14, 2022, after conducting further investigation, Postal Inspectors made the parcel available for pickup at a Post Office in Cleveland as part of an undercover operation. Solomon Odubajo and a codefendant arrived at the post office and picked up the parcel from an undercover postal inspector. Odubajo then drove the parcel back to a residence in Avon, where he was arrested. When law enforcement searched Odubajo’s vehicle, they found a hidden compartment containing a loaded handgun and approximately $17,500 in cash. A forensic scientist at the CCRFSL later analyzed the handgun and found DNA on it that matched Odubajo’s DNA. Odubajo was prohibited from possessing a firearm under federal law due to a prior felony conviction for drug trafficking.
Law enforcement also searched the Avon residence where Odubajo was arrested. Inside of that residence, law enforcement found Odubajo’s luggage, as well as another half-kilogram of blue “M30” fentanyl pills.
A drug chemist from the CCRFSL testified at trial that each counterfeit fentanyl pill had a net weight of approximately 0.10 grams. This indicated that there were approximately 10,000 pills in the parcel, and an additional 5,000 pills in the Avon residence.
Evidence at trial also showed that Odubajo was arrested at the Atlanta, Georgia airport in February 2022 carrying approximately $35,000 in cash. Atlanta Police seized Odubajo’s cell phone during that arrest, and found messages on the phone that discussed trafficking blue fentanyl pills.
The investigation was conducted by the U.S. Postal Inspection Service, with assistance from the DEA, the Cuyahoga County Regional Forensic Sciences Laboratory, the Cuyahoga County Sheriff’s Office, the ATF, and the Atlanta, Georgia Police Department. The case was prosecuted by Assistant United States Attorneys James Lewis, Alejandro Abreu, and Henry DeBaggis.
Friday 4 August 2023
Utica Man Pleads Guilty to Drug Conspiracy and Distribution of FentanylRead the Press Release
SYRACUSE, NEW YORK – Jose Morales, age 31, of Utica, New York, pled guilty yesterday to conspiring to distribute fentanyl and distribution and possession with intent to distribute fentanyl, announced United States Attorney Carla Freedman; Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division and Thomas Fattorusso, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI), New York Field Office.
In pleading guilty Morales admitted that from May 2020 through October 2021, he acquired quantities of fentanyl from co-conspirators, which he then re-distributed to others in the Utica, New York area. Morales admitted that during his participation in the conspiracy, the drug trafficking organization distributed over 400 grams of fentanyl.
Sentencing is scheduled for December 7, 2023, in front of United States District Judge David N. Hurd. Morales faces a minimum of 10 years in prison, a maximum of life imprisonment, a fine of up to $10 million, and a term of supervised release of at least 5 years and up to life.
This case is being investigated by the U.S. Drug Enforcement Administration (DEA), Internal Revenue Service-Criminal Investigation (IRS-CI), Homeland Security Investigations (HSI), United States Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), the New York State Police (NYSP), the Oneida County Sheriff’s Office, the Oneida County District Attorney’s Office, the Utica Police Department, the Syracuse Police Department, the Rome Police Department, the Onondaga County Sheriff’s Office, the Onondaga County District Attorney’s Office, the New York Army National Guard Counter Drug Program, the Yorkville Police Department, the Whitesboro Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara Thomson.
Two St. Paul Men Plead Guilty to Assaulting a Federal AgentRead the Press Release
MINNEAPOLIS – Two St. Paul men have pleaded guilty to assaulting a federal law enforcement officer, announced U.S. Attorney Andrew M. Luger.
According to court documents, on March 30, 2023, law enforcement arranged to conduct a controlled narcotics purchase using an undercover officer (UC), a Drug Enforcement Administration (DEA) Task Force Officer. The UC planned to purchase approximately 1,600 M30 fentanyl pills from Dion Darnell Miller, 27, and Aaron Maurice Admir Harris, 29. Instead, Miller and Harris planned to rob the UC. Later that day, Miller and Harris met the UC at a pre-determined location in St. Paul in a silver Volkswagen. They invited the UC to their vehicle. During the transaction, Miller drew a semi‐automatic handgun with an extended magazine and a laser and pointed it at the UC’s face and torso. Miller and Harris repeatedly told the UC to give up the money. The UC threw cash down inside the silver Volkswagen and got out of the vehicle. Miller and Harris fled the scene in the silver Volkswagen.
Other law enforcement officers followed Miller and Harris to a St. Paul residence where they both ultimately surrendered. Inside the residence, law enforcement recovered the loaded semi-automatic handgun as well as the $2,400 in cash taken from the UC during the robbery.
On August 1, 2023, Miller pleaded guilty to one count of conspiracy to assault a federal law enforcement officer. On August 2, 2023, Harris pleaded guilty to one count of aiding and abetting assault upon a federal law enforcement officer. Sentencing hearings will be scheduled at a later date.
This case is the result of an investigation conducted by the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the Ramsey County Violent Crimes Enforcement Team, the Minnesota Bureau of Criminal Apprehension, and the St. Paul Police Department.
Assistant U.S. Attorney Allen A. Slaughter is prosecuting the case.
Two More Defendants Plead Guilty to Wire Fraud and Money Laundering ConspiracyRead the Press Release
NEW ORLEANS – DILLON ARCENEAUX, age 33 and a resident of Marrero, Louisiana, and ZEB SARTIN, age 36 and a resident of Lafayette, Louisiana, both pleaded guilty on August 2, 2023 to one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering before U.S. District Court Judge Jane Triche-Milazzo, announced U.S. Attorney Duane A.
As according to court documents, ARCENEAUX and SARTIN conspired with RYAN MULLEN, DUANE DUFRENE, GRANT MENARD, and LANCE VALLO to use several assetless shell Louisiana companies to defraud a merchant cash company based in Georgia. MULLEN and DUFRENE helped establish ARCENEAUX, VALLO, MENARD, and SARTIN as the owners of existing corporations. MULLEN and DUFRENE then created fake vendor accounts for the corporations, and MULLEN, aided by another, created falsified bank records for the companies. MULLEN then used an alias and claimed to be a broker for the companies he helped create.
Using yet another broker, MULLEN supplied the victim merchant cash advance company with the fake vendor accounts and false bank records in order to obtain funding. The victim cash advance company approved the advances and began to electronically wire ARCENEAUX, VALLO, MENARD, and SARTIN millions of dollars in advances. ARCENEAUX, VALLO, MENARD, and SARTIN laundered a portion of the funds by paying MULLEN and DUFRENE percentages of the funds. ARCENEAUX, VALLO, MENARD, and SARTIN then closed their non-existent businesses before fully repaying the victim merchant cash advance company, resulting in overall victim losses of approximately $6.4 million. ARCENEAUX was responsible for approximately $1.6 million in losses to the victim, and SARTIN was responsible for approximately $2.1 million.
ARCENEAUX and SARTIN are to be sentenced on November 1, 2023 and face a maximum sentence of five years on the wire fraud conspiracy, and a maximum sentence of up to twenty years on the money laundering conspiracy. After imprisonment, the defendants face up to three years of supervised release, and up to a $250,000 fine on the wire fraud count, and up to three years of supervised release, and up to a $500,000 fine on the money laundering count. Each count also has mandatory special assessment fee of $100.
U.S. Attorney Evans commended the special agents of the Federal Bureau of Investigation and IRS-Criminal Investigation for their handling of the matter. The case is being prosecuted by Assistant United States Attorneys Edward J. Rivera of the Financial Crimes Unit and Andre Lagarde of the Public Integrity Unit.
Two Charged with Defrauding Buyer of Personal Protective Equipment During Height of Covid-19 PandemicRead the Press Release
NEW ORLEANS – On August 2, 2023, U.S. Attorney Duane A. Evans announced the charging of FRANK LABRUZZO and CYNTHIA CARONNA for conspiracy to commit wire fraud in violation of Title 18, United States Code, Sections 1343 and 371.
The bill of information alleges that LABRUZZO, CARONNA, and a resident of the United Kingdom, defrauded a business seeking to purchase personal protective equipment (PPE) at a time when demand for PPE had dramatically increased as a result of the COVID-19 pandemic.
According to the bill of information, CARONNA and the UK resident formed a business venture to offer the sale of PPE, and selected LABRUZZO to be the venture’s escrow agent. The conspirators allegedly agreed that LABRUZZO (who was an attorney and as well as an investigator with the Louisiana Attorney General’s Office) would present himself to would-be buyers of PPE as a trustworthy escrow agent who would perform traditional escrow services. More specifically, the conspirators agreed to tell would -be buyers that they could deposit their funds in LABRUZZO’s escrow bank account for the purpose of purchasing PPE; that their funds would be safeguarded in the account until the PPE was satisfactorily delivered to them; and, that if the PPE was not satisfactorily delivered to the would -be buyers, LABRUZZO would promptly return the funds from the escrow account to them.
It is further alleged in the bill of information that CARONNA and LABRUZZO agreed that LABRUZZO would disperse the would-be buyer’s funds despite the would-be buyers having neither received PPE nor consented to the disbursements. CARONNA, LABRUZZO, and Co-conspirator 1 also allegedly agreed that each would receive portions of the would-be buyer’s funds without the would-be buyers’ knowledge or consent. Finally, according to the bill of information, LABRUZZO, at CARONNA’s direction, repeatedly disbursed the escrowed funds to various persons and entities, including disbursements to LABRUZZO and CARONNA.
Conspiracy is punishable by up to five years imprisonment, followed by up to three years of supervised release, a fine of up to $250,000, and a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the bill of information is merely a charge and that each defendant’s guilt must be proven beyond a reasonable doubt.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case is being investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Chandra Menon of the Public Integrity Unit is in charge of the prosecution.
Texas Resident Sentenced for Possession of Cocaine with Intent to DistributeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Edgar Rodriguez, age 35, of El Paso, Texas, was sentenced to 188 months in federal prison for Possession of Cocaine with Intent to Distribute.
The charges arose from a traffic stop initiated by a Trooper with the Oklahoma Highway Patrol and assisted by the Drug Enforcement Administration.
On June 21, 2022, Rodriguez pleaded guilty to Possession of Cocaine with Intent to Distribute. At the plea hearing, Rodriguez admitted that on May 22, 2021, he was driving eastbound on I-40 through Okfuskee County in possession of 16 kilograms of cocaine which he intended to distribute.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Rodriguez will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Sutter County Hunter Sentenced Following Conviction of Violating Migratory Bird Treaty ActRead the Press Release
SACRAMENTO, Calif. — Carlos T. Ortiz, 27, of Live Oak, pleaded guilty today to transportation and receipt of untagged migratory game birds and was subsequently sentenced by U.S. Magistrate Judge Jeremy D. Peterson to a three-year hunting ban, three years of probation, and a $1,000 fine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Ortiz helped organize and participate in a 10-person goose hunt near the Sutter National Wildlife Refuge in Sutter County. During the hunt, Ortiz and others shot and killed 258 snow geese and white-fronted geese. Snow geese and white-fronted geese are migratory game birds protected by the Migratory Bird Treaty Act. None of the birds were tagged as required by law.
This case was the product of an investigation by the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Assistant U.S. Attorney Justin Lee prosecuted the case.
Suburban Chicago Man Charged in Federal Court with Trafficking Machine Gun Conversion DevicesRead the Press Release
CHICAGO — A suburban Chicago man has been indicted on federal firearm charges for allegedly trafficking 25 “Glock switches” that convert handguns into fully automatic machine guns.
The indictment charges ANTHONY PRISCO, 20, of Oak Forest, Ill., with illegally possessing and transferring machine guns and illegally possessing a firearm as a previously convicted felon. Prisco has been ordered detained in federal custody without bond. Arraignment is set for Aug. 7, 2023, at 12:00 p.m., before U.S. Magistrate Judge Heather K. McShain.
The charges were announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Christopher Amon, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The Joliet Metropolitan Area Narcotics Squad provided valuable assistance. The government is represented by Assistant U.S. Attorney Simar Khera.
According to the indictment and a criminal complaint filed in U.S. District Court in Chicago, Prisco in June of this year sold 25 machine gun conversion devices, a firearm with an obliterated serial number, and a 3D printer. Unbeknownst to Prisco, the buyer was an undercover law enforcement officer. The printer that Prisco sold to the officer had been used to print the machine gun conversion devices, the charges allege. A machine gun conversion device, commonly known as a “Glock switch” or “auto sear,” equips firearms to fire multiple rounds with a single pull of the trigger.
Prisco was on probation for a state firearm conviction when he allegedly sold the guns to the undercover officer. As a previously convicted felon, Prisco was prohibited by federal law from possessing a firearm.
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago firearms trafficking strike force, the U.S. Attorney’s Office collaborates with ATF and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Holding illegal firearm possessors accountable through federal prosecution is also a focus of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. The U.S. Attorney’s Office and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each charge against Prisco is punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Prisco indictmentSt. Louis County Man Sentenced to 27 Years in Prison for Statutory Rape of Foster ChildRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Friday sentenced a man from St. Louis County, Missouri who impregnated a minor and sexually abused her when she was in foster care to 27 years in prison.
Edward L. Wiseman, 43, sexually abused a minor for multiple years and impregnated her when she was 14. After she was placed in foster care, Wiseman sent her naked pictures of himself and requested the same from her. He then arranged to meet her for sex when she was 16.That victim’s younger sister told authorities that Wiseman had also sexually abused her. Wiseman disputes those allegations.
Law enforcement officers later found child pornography on Wiseman’s phone.
Judge Ross told Wiseman in Friday’s hearing that his conduct was “horrendous” and that he represented a “continuing threat” to the community.
Wiseman, 43, pleaded guilty in March in U.S. District Court in St. Louis to two felonies: coercion and enticement of a minor and solicitation of child pornography.
“Today, Mr. Wiseman will begin to pay for his crimes against an innocent child,” said Special Agent in Charge Travis Gibson of the U.S. Secret Service’s St. Louis Field Office. “The Secret Service is proud to support Project Safe Childhood, and we commend our law enforcement partners for their tireless work to put an end to this devastating abuse.”
The U.S. Secret Service, the North County Police Cooperative and the St. Louis County Police Department investigated the case. Assistant U.S. Attorney Jillian Anderson 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 the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
St. Cloud Woman Apprehended in Mexico Faces Narcotics Trafficking Charges in North DakotaRead the Press Release
FARGO – United States Attorney Mac Schneider, District of North Dakota, announced that a fugitive wanted in North Dakota, Deanna Marie Gerads, age 33, appeared in Federal court in Houston, Texas on August 3, 2023, on a warrant and Indictment from North Dakota charging Gerads with Conspiracy to Distribute and Import Controlled Substances into the United States. Gerads was ordered detained by United States Magistrate Judge Sam S. Sheldon and will be transported by the United States Marshals Service to North Dakota for an initial appearance.
Gerads was apprehended in Mexico on August 1, 2023, by Mexican immigration authorities and deported from Mexico. The Federal Bureau of Investigation (FBI) was instrumental in providing information that led to the apprehension of Gerads, who has been a fugitive for over a year.
This case is part of “Operation Unfinished Business II,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of methamphetamine, cocaine, and fentanyl.
This case is being investigated by the Central Minnesota Violent Offenders Task Force (CMVOTF), Federal Bureau of Investigation, St. Cloud Police Department, Stearns County Sheriff’s Office, Sartell Police Department, Benton County Sheriff’s Office, Sherburne County Sheriff’s Office, Morrison County Sheriff’s Office, Internal Revenue Service – CID, Fargo Police Department, West Fargo Police Department, Minnesota Bureau of Criminal Apprehension and the Drug Enforcement Administration.
The cases are being prosecuted by Assistant U.S. Attorneys Christopher C. Myers and Alex Stock, District of North Dakota.
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Six Genovese Organized Crime Family Defendants Sentenced for RacketeeringRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that Genovese Family Captains NICHOLAS CALISI and RALPH BALSAMO, Genovese Family Soldiers MICHAEL MESSINA and JOHN CAMPANELLA, and Genovese Family Associates MICHAEL POLI and THOMAS POLI were sentenced by U.S. District Judge John G. Koeltl following their earlier guilty pleas to racketeering conspiracy.
U.S. Attorney Damian Williams said: “La Cosa Nostra and its various Families are criminal organizations that prey on the public. These sentences demonstrate that those who seek to enrich themselves through allegiance to such organizations will face not only jail time but also real financial consequences.”
According to the Superseding Indictment, the defendants’ statements when pleading guilty, and statements made in related court filings and proceedings:
The Genovese Organized Crime Family is part of a nationwide criminal organization known by various names, including La Cosa Nostra (“LCN”) and the “Mafia,” which operates through entities known as “Families.”
Like other LCN Families, the Genovese Organized Crime Family operates through groups of individuals known as “crews.” Each “crew” has as its leader a person known as a “Captain” and consists of “made” members, known as “Soldiers.” Soldiers are aided in their criminal endeavors by other trusted individuals, known as “associates,” who sometimes are referred to as “connected” or identified as “with” a Soldier or other member of the Family. Associates participate in the various activities of the crew and its members. In order for an associate to become a made member of the Family, the associate typically needs to demonstrate the ability to generate income for the Family and/or that the associate is capable of committing acts of violence.
A Captain is responsible for supervising the criminal activities of his crew, resolving disputes between and among members of the Family, resolving disputes between members of the Family and members of other Families and other criminal organizations, and providing Soldiers and associates with support and protection. In return, the Captain typically receives a share of the illegal earnings of each of his crew’s Soldiers and associates.
At times relevant to the charges in the Superseding Indictment, NICHOLAS CALISI and RALPH BALSAMO were Captains in the Genovese Family, MICHAEL MESSINA and JOHN CAMPANELLA were Soldiers in the Genovese Family, and MICHAEL POLI and THOMAS POLI were associates of the Genovese Family.
Members of the Genovese Family, including CALISI, BALSAMO, MESSINA, and CAMPANELLA, and associates MICHAEL POLI and THOMAS POLI, engaged in extortionate extensions of credit, financing extortionate extensions of credit, collecting extensions of credit by extortion, extortion, operating illegal gambling businesses, and the transmission of gambling information.
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CALISI, 64, of Boca Raton, Florida, was sentenced principally to two years in prison, three years of supervised release, and ordered to forfeit $40,000.
BALSAMO, 52, of the Bronx, New York, was sentenced principally to 34 months in prison, three years of supervised release, and ordered to forfeit $20,000.
MESSINA, 70, of New Fairfield, Connecticut, was sentenced principally to 18 months in prison, three years of supervised release, and ordered to forfeit $200,000.
CAMPANELLA, 48, of the Bronx, New York, was sentenced principally to 13 months in prison, three years of supervised release, and ordered to forfeit $40,000.
MICHAEL POLI, 38, of Hawthorne, New York, was sentenced principally to 31 months in prison, three years of supervised release, ordered to forfeit $175,000, and ordered to pay a $15,000 fine.
THOMAS POLI, 65, of the Bronx, New York, was sentenced principally to 22 months in prison, three years of supervised release, and ordered to forfeit $200,000.
Mr. Williams praised the outstanding investigative work of the Office of the New York Attorney General’s Organized Crime Task Force and the Kings County District Attorney’s Office and thanked the Federal Bureau of Investigation for its assistance in this investigation.
The prosecution of this case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Celia V. Cohen, Rushmi Bhaskaran, and Justin Rodriguez, as well as Special Assistant U.S. Attorney Pamela Murray, are in charge of the prosecution.
Serial Sexual Offender Sentenced to Nine Years in PrisonRead the Press Release
WASHINGTON – Justin Taylor, 23, of Washington, D.C., was sentenced today to 108 months in prison for sexual assaults in two separate cases, announced U.S. Attorney Matthew M. Graves, Acting Chief Pamela Smith, of the Metropolitan Police Department, and Chief Michael Anzallo, of the Metro Transit Police Department. Taylor pleaded guilty in one case on September 9, 2022, to third degree sexual abuse; and pleaded guilty today in the other case to one count of second degree child sexual abuse. He will have to register as a sex offender for the rest of his life.
According to the government’s evidence, shortly after 9:00 a.m. on January 26, 2022, in the 500 block of 42nd Street, N.E., the defendant followed a 15-year old girl he didn’t know as she was walking to school. As the two of them were walking down a path in a park at that location, the defendant asked the victim if she had ever seen a man’s genitals. When the victim turned around, Taylor was exposing himself and asked the victim whether she wanted to “do something?” The victim began to run away but tripped and fell. Before she could get up, the defendant, still exposed, ran up and grabbed her buttock with his hand, through her clothing, again asking, “Do you wanna do something?” The victim yelled at the defendant, “No. Don’t touch me,” swung her fist at the defendant, and escaped to a friend’s home, where she reported the sexual assault to her friend and her friend’s mother.
Two days later, in the early afternoon of January 28, 2022, Taylor followed an adult woman he didn’t know down the street-level escalator at the Shaw/Howard University Metro Train Station, located at 1801 7th Street, N.W. When Taylor and the victim got to the bottom of that escalator, the defendant grabbed the victim from behind and by surprise, holding her around the waist so that she could not get away from him. Taylor, while restraining the woman, pressed his penis against the victim’s buttocks. The woman fought back and hollered for help until she was able to escape Taylor’s grasp. Taylor fled up the Metro escalator, left the area and got on a Metro bus. Shortly thereafter, Metro Transit Police removed Taylor from that bus and brought him back to an area near the Metro Station, where the victim identified him as the person who had assaulted her. Taylor was then arrested.
In 2018, Taylor was charged in a similar case and pleaded guilty to one count of attempted third-degree sexual abuse with force. He was sentenced to 18 months in prison but was given the benefit of sentencing under the Youth Rehabilitation Act (“YRA”), which he will lose as a result of today’s convictions. He was also sentenced in that case to seven years of supervised release and was, in fact, released from prison less than three months before committing these offenses.
In announcing the sentence, U.S. Attorney Graves, Acting Chief Smith, and Chief Anzallo commended the work of those who investigated the case from the Metropolitan Police Department and Metro Transit Police Department. They also expressed appreciation for the work of those who handled the cases at the U.S. Attorney’s Office, including Paralegal Specialist Garcia Clarke, former Paralegal Specialist Brenda Williams, Victim/Witness Advocate Veronica Vaughan and Supervisory Victim/Witness Advocate Roderick Johnson.
Finally, they commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted the case.
Second Manchester Man Charged on Drug Distribution OffensesRead the Press Release
CONCORD – A second Manchester man has been charged in connection with the distribution of fentanyl in New Hampshire, U.S. Attorney Jane E. Young announced.
Joseph Goffinet, Jr., 53, was arrested and charged with distribution of controlled substances and conspiracy to distribute controlled substances in connection with the sale of fentanyl. Goffinet, Jr. made an initial appearance in federal court in Concord on Friday, August 4, 2023, and was detained. According to the charging documents, on one occasion Goffinet, Jr. conspired with Walter Velez to distribute fentanyl. Velez was charged with the distribution of fentanyl and crack cocaine on July 26, 2023.
The charges of distribution of a controlled substance and conspiracy each provide for a sentence of at least 5 years and up to 40 years in prison, at least 4 years of supervised release, and a fine of up to $5,000,000. 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.
Department of Homeland Security Investigations led the investigation. Valuable assistance was provided by the Manchester Police Department. Assistant U.S. Attorney Geoffrey Ward is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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Second Man Admits Drug Conspiracy that Killed Three in St. LouisRead the Press Release
ST. LOUIS – A second man involved in a drug robbery conspiracy that resulted in the fatal shooting of three people in 2021 pleaded guilty Friday to federal drug and gun charges.
Demorion Little, 24, pleaded guilty in front of U.S. District Judge Sarah E. Pitlyk to one felony marijuana distribution conspiracy count and one count of aiding and abetting the discharge of one or more firearms in furtherance of the marijuana trafficking conspiracy. Those firearm discharges resulted in the death of Rocoby Rodgers on Feb. 25, 2021 and Kortlin Williams and Johnnie Jones on March 16, 2021, Little’s plea agreement says.
In his plea, Little admitted conspiring with his co-defendant, Antaveon Bernard Le'Vell Kent, to steal and sell marijuana. The pair used Facebook to communicate with each other, pick their targets and then arrange to buy marijuana from their victims.
On Feb. 25, 2021, Little contacted Rodgers via Facebook Messenger to ask about purchasing quarter-pound packages of marijuana. They arranged to meet in the 2300 block of Blair Avenue in St. Louis. Police later found Rodgers dead in his car. That night, Little used his Facebook account to advertise that he had marijuana for sale.
Kent and Little arranged to meet Williams and Jones on March 16, 2021 in the 1100 block of Montgomery Street. When the victims arrived, Kent and Little fired into their vehicle, killing Williams and Jones and injuring a third occupant, Little’s plea agreement says.
Kent pleaded guilty last year to conspiracy to distribute marijuana, attempting to possess with the intent to distribute marijuana and two charges of possession and discharge of a firearm in furtherance of a drug trafficking crime that resulted in the fatal shootings of Williams and Jones.
In February, Judge Pitlyk sentenced Kent, now 23, of Florissant, to 26 years in prison. Little is scheduled to be sentenced November 3, and both sides have agreed to recommend a 28-year prison sentence.
The case was investigated by the Drug Enforcement Administration and the St. Louis Metropolitan Police.
Safford Man Sentenced to 30 Months for Assault by StrangulationRead the Press Release
TUCSON, Ariz. – Thomas Esquivias Ramirez, 31, of Safford, Arizona, was sentenced last week by United States District Judge Jennifer G. Zipps to 30 months in prison, followed by three years of supervised release. Ramirez pleaded guilty to Assault by Strangling an Intimate Partner and a Dating Partner.
Ramirez, an enrolled member of the Pascua Yaqui Tribe, assaulted a Pascua Yaqui woman on October 9, 2021, by strangling her and impeding her breathing. The offense occurred on the Pascua Yaqui Indian Reservation in Tucson, Arizona.
The Federal Bureau of Investigation and Pascua Yaqui Police Department conducted the investigation in this case. Assistant United States Attorney Frances M. Kreamer Hope and Special Assistant United States Attorney Madelynn Franklin, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-22-1815-TUC-JGZ
RELEASE NUMBER: 2023-119_Ramirez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Richton Man Pleads Guilty to a Violation of the Archeological Resources Protection ActRead the Press Release
Hattiesburg, MS – A Richton man pleaded guilty to the unlawful excavation of an archeological site, announced U.S. Attorney Darren J. LaMarca and Forest Supervisor Shannon Kelardy of the United States Forest Service.
According to court documents, Amos Justin Burnham, 42, of Richton, used a tractor to illegally excavate an archeological site within the Desoto National Forest. Court documents further revealed that the archeological site had been designated as a protected site because it contained material remains of past human activities that are of archeological interest.
The Archaeological Resources Protection Act of 1979, is a federal law that governs the excavation of archaeological sites on federal and Indian lands in the United States, and the removal and disposition of archaeological collections from those sites.
Burnham pleaded guilty to one count of Unauthorize Excavation of Archeological Resources. He is scheduled to be sentenced on October 4, 2023 and faces a maximum penalty of up to two years in prison, a fine of not more than $20,000, and the potential cost associated with the restoration and repair of the archeological site as part of restitution. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“When archeological sites are destroyed by unlawful excavations and artifacts are stolen, we lose important clues about the past, forever. The United States Attorney’s Office for the Southern District and its law enforcement partners are dedicated to protecting archeological sites throughout the Southern District of Mississippi.” Darren J. LaMarca, United States Attorney for the Southern District of Mississippi.
The United States Department of Agriculture Forest Service investigated the case.
Assistant U.S. Attorney Kevin J. Payne and Special Assistant United States Attorney Brian K. Burns are prosecuting the case.
Reedsburg Woman Sentenced to 7 Years for Methamphetamine Trafficking in Central WisconsinRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Marra Lundeen, 34, Reedsburg, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 7 years in federal prison for distributing methamphetamine. This prison term will be followed by a 5-year term of supervised release. Lundeen pleaded guilty to this charge on April 10, 2023.
Lundeen was investigated by central Wisconsin law enforcement for involvement in methamphetamine trafficking for a number of years, going back to 2019. For purposes of reaching an appropriate sentence, based on facts in the investigation, Judge Conley estimated that from 2019 to 2022 when she was arrested, Lundeen had conservatively been involved in the distribution of up to 15 kilograms of methamphetamine in the Wausau/central Wisconsin area.
In imposing the sentence, Judge Conley referred to Lundeen as a high-functioning trafficker who shifted from one supplier to another when each of her suppliers was arrested by law enforcement. Due to Lundeen’s lengthy criminality and the volume of drugs, as well as the repeated nature of her trafficking, Judge Conley found the 7-year sentence necessary to protect the public and deter her from continuing in her pattern of crime.
The charge against Lundeen was the result of an investigation conducted by the Federal Bureau of Investigation's Central Wisconsin Narcotics Task Force comprised of investigators from the FBI, Marathon County Sheriff's Office, Wausau Police Department, Wisconsin Department of Justice Division of Criminal Investigation, the Lincoln County Sheriff's Office, Wisconsin State Patrol, Everest Metro Police Department, and Wisconsin's National Guard Counterdrug Program. The prosecution of the case has been handled by Assistant U.S. Attorney Robert A. Anderson.
Plaquemines Parish Man Sentenced for Federal Drug and Gun ViolationsRead the Press Release
NEW ORLEANS, LOUISIANA – ERIC METZ, age 40, a resident of Plaquemines Parish, Louisiana, was sentenced on August 2, 2023 to 61 months imprisonment, 3 years of supervised release, and a mandatory $200 special assessment fee by U.S. District Judge Susie Morgan, announced U.S. Attorney Duane A. Evans.
METZ previously pled guilty to conspiracy to distribute and possess with intent to distribute cocaine, crack cocaine, and methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846, and possession of a firearm in furtherance of a drug trafficking offense in violation of Title 18, United States Code, Section 924(c)(1)(A)(i)
According to court documents, a DEA investigation revealed that METZ was involved in a large narcotics distribution conspiracy in Plaquemines Parish. On June 5, 2021, Plaquemines Parish Sheriff’s Office deputies conducted a traffic stop on a vehicle driven by METZ in Belle Chasse, Louisiana. During the traffic stop, deputies established probable cause to search the vehicle. During the search, they discovered six clear plastic bags containing crack cocaine, a fully loaded FN, nine-millimeter, semi-automatic handgun, and $3,238.00 in U.S. currency.
This case was investigated by the federal Drug Enforcement Administration and Plaquemines Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney J. Benjamin Myers of the Narcotics Unit.
Physician Assistant at Chicago Medical Practice Charged with Fraudulently Writing Opioid PrescriptionsRead the Press Release
CHICAGO — A physician assistant who formerly worked at a Chicago medical practice has been charged in federal court with fraudulently writing opioid prescriptions.
HARRY PRZEKOP allegedly used a deceased doctor’s name and prescription forms to write prescriptions for himself and a relative. An indictment returned in U.S. District Court in Chicago states that Przekop fraudulently obtained prescriptions of hydrocodone and codeine in 2021 and 2022 in Batavia, Ill., and North Aurora, Ill. Przekop was not a licensed physician and could not lawfully prescribe medications without the direction and approval of licensed doctors.
The indictment charges Przekop, 69, of Batavia, Ill., with five counts of fraudulently obtaining controlled substances. Each count is punishable by up to four years in federal prison. Przekop pleaded not guilty during his arraignment Wednesday in federal court. U.S. District Judge Andrea R. Wood scheduled a status hearing for Sept. 22, 2023.
The indictment was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois, and Sheila G. Lyons, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration. The government is represented by Special Assistant U.S. Attorney Benjamin J. Christenson.
Przekop indictmentPeoria Man Sentenced to 50 Months in Prison for Possessing a Handgun Outfitted with a “Glock Switch” Machinegun Conversion DeviceRead the Press Release
PEORIA, Ill. – A Peoria, Illinois, man, Anthony Q. Johnson, 19, of the 1100 block of North Flora Avenue, was sentenced on August 2, 2023, to 50 months in federal prison for possessing a handgun equipped with a “Glock Switch” conversion device enabling the gun to fire as a fully-automatic machinegun. Johnson will serve a three-year term of supervised release upon completion of his prison term.
At the sentencing hearing before Senior U.S. District Judge Joe B. McDade, the government presented evidence that in January 2023 Johnson pulled a handgun from his waistband during an altercation with another person on North Flora Avenue in Peoria. When the person fled from Johnson in a car, Johnson discharged the gun, causing one of the bullets to pass through the rear window and windshield of a mini-van parked nearby. An eye-witness account and the ShotSpotter gunshot detection system both established that the gunfire rate was consistent with that of a fully-automatic weapon. Police responded to the scene and located 13 spent shell casings from a .40 caliber weapon.
Johnson was identified as a suspect, and federal agents executed search warrants at two residences where he was known to stay. Agents searching a Flora Avenue residence located a Glock Model 27 .40 caliber pistol loaded with 10 live rounds of ammunition. The firearm was equipped with a “Glock Switch”, an aftermarket device converting the weapon into a machinegun. Agents also located an AR-15, .223 caliber rifle loaded with 31 rounds of ammunition during the search, as well as a .22 caliber revolver. In addition, an extended magazine with a capacity of 28 rounds (.40 caliber), a pistol magazine with a capacity of 14 rounds (.40 caliber), and a drum-style magazine with a capacity of 50 rounds, loaded with 44 rounds of .40 caliber ammunition were located and seized. Additional boxes of .40 caliber ammunition were also found. The Glock pistol was test-fired and functioned as fully automatic machinegun. The casings matched those found at the shooting incident earlier in January 2023 and another shooting incident in August 2021.
Johnson was arrested on a federal complaint in January 2023. and a federal grand jury returned an indictment with the machinegun charge in February 2023. He entered a guilty plea in March 2023 and has remained in the custody of the United States Marshals Service while his case has been pending. The Glock Model 27 .40 caliber pistol has been forfeited.
The statutory penalties for possession of a machinegun are up to 10 years imprisonment, to be followed by up to three years of supervised release.
The investigation was conducted by the Peoria Area Federal Firearms Task Force (PAFF). Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution.
The case against Johnson 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.
Ontario Man Arrested, Charged with Attempting to Smuggle Marijuana into the United StatesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Ajaypal Dhillon, 22, of Scarborough, Ontario, Canada, was arrested and charged by criminal complaint with possession with intent to distribute 100 kilograms or more of marijuana and importing marijuana into the United States. The charges carry a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the complaint, on the afternoon of Thursday, July 27, 2023, CBP Officers at the Peace Bridge Port of Entry encountered a semi-trailer operated by Dhillon at the primary inspection point. Dhillon presented customs documentation indicating a shipment of frozen waffles destined for a grocery store warehouse in Georgia. The shipper of the alleged waffles confirmed that the shipment was fraudulent, and the shipment was put on hold, while Dhillon was referred for a secondary inspection. During a physical exam of the cargo, boxes containing approximately 948 kilograms of a green leafy substance, consistent with that of marijuana, were located. In addition, 50 kilograms of ketamine were also discovered. Investigators identified Dhillon after CBP learned of five prior fraudulent shipments driven by Dhillon into the United States.
Dhillon appeared at a detention hearing before U.S. Magistrate Judge Michael J. Roemer and was detained.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Omaha Woman Sentenced for Money Laundering ConspiracyRead the Press Release
Acting United States Attorney Susan Lehr announced that on August 3, 2023, Alma L. Zapien, 51, of Omaha, Nebraska, was sentenced on August 3, 2023, in federal court in Omaha for money laundering conspiracy. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Zapien to 60 months’ imprisonment. There is no parole in the federal system. After her release from prison, she will also be subject to a three-year term of supervised release.
Zapien was arrested after Drug Enforcement Administration and Internal Revenue Service Agents learned she was assisting known drug traffickers by sending illicit drug proceeds to Mexico through wire remitter services she managed at her local convenience stores. Between June 2021 and June 2022, Zapien agreed with Javier De Leon Marin to wire transfer illicit drug proceeds from Omaha to individuals in Mexico. Over that time period, Zapien conducted more than 200 such wire transfers, totally more than $250,000 in drug proceeds to the drug trafficking organization in Mexico.
Javier De Leon Marin has pleaded guilty to Conspiracy to Possess with Intent to Distribute Methamphetamine and will be sentenced on November 3, 2023.
This case was investigated by the Drug Enforcement Administration and the Internal Revenue Service
Ocean County Man Charged with Sexually Exploiting MinorsRead the Press Release
TRENTON, N.J. – An Ocean County, New Jersey man was arrested yesterday for enticing minors to produce videos and images of child exploitation material and for receiving videos and images depicting child pornography, U.S. Attorney Philip R. Sellinger announced.
Daniel Nilla, 35, Brick, New Jersey, was charged by complaint with two counts of sexual exploitation of a minor and one count of receipt of child pornography. He made his initial appearance on Aug. 3, 2023, before U.S. Magistrate Judge Douglas E. Arpert in Trenton federal court and was detained.
According to documents filed in this case and statements made in court:
From on or about December 12, 2021, to on or about April 28, 2023, Nilla was communicating with and receiving images and videos containing child exploitation material from five minor victims on a multimedia instant messaging application. Nilla induced at least two of those minor victims to send him images and videos of themselves engaging in sexually explicit conduct.
The charges of sexual exploitation of a minor each carry a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison, and a $250,000 fine. The charge of receipt of child exploitation material carries a mandatory minimum penalty of 5 years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Sellinger credited special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation. U.S. Attorney Sellinger also thanked special agents of the FBI Kansas City, Kansas Division, under the direction of Special Agent in Charge Charles A. Dayoub, and the City of Edwardsville, Kansas Police Department, under the direction of Chief of Police Mark Mathies.
The government is represented by Assistant U.S. Attorney Ashley Super Pitts of the Criminal Division in Trenton.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
nilla.complaint.pdfNorth Carolina Laboratory and Owner Agree to Pay More Than $1.9 Million to Resolve False Claims Act AllegationsRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Dena J. King announced today that Aspirar Medical Lab, LLC (Aspirar) and owner Pick Chay (Chay), located in Cary, North Carolina, have agreed to pay $1,951,090 to resolve allegations that they violated the False Claims Act by knowingly billing North Carolina Medicaid (Medicaid) for urine drug tests that were medically unnecessary and tainted by illegal kickbacks.
The United States alleged that from March 25, 2016, through September 19, 2017, Aspirar submitted claims to Medicaid for urine drug tests that were false. The claims were false because they were tainted by an illegal kickback arrangement between Aspirar and BPolloni Consulting, LLC (BPolloni), an entity that referred urine drug tests to Aspirar. Under the arrangement, Aspirar paid BPolloni for each urine drug test that BPolloni or another entity, Do It 4 the Hood Corporation (D4H), referred to Aspirar. The Chief Executive Officer of BPolloni and other individuals who operated D4H previously pleaded guilty to conspiracy to commit health care fraud and Anti-Kickback Statute violations arising from D4H’s illegal kickback arrangements with urine drug testing laboratories.
In addition to being tainted by illegal kickbacks, the United States alleged that claims for drug tests that Aspirar submitted to Medicaid were false because the tests were medically unnecessary. Specifically, the orders for the tests were not patient-specific and did not reflect a qualified medical provider’s determination of the patient’s need for the testing.
“Illegal referral and kickback schemes increase profits for wrongdoers and cause taxpayer-funded health care programs like Medicaid to pay for items or services that patients may not need,” said U.S. Attorney King. “The resolution of this case demonstrates our Office’s continuing commitment to hold all responsible parties to account for the submission of claims to Medicaid and other federally funded health care programs that are not medically necessary and are tainted by illegal kickbacks.”
The civil settlement and resolution of claims obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office and the FBI in Charlotte, with assistance from the Medicaid Investigations Division of the North Carolina Attorney General’s Office, and the Office of Inspector General of the United States Department of Health and Human Services.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act.
Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
Nigerian National Pleads Guilty to $1.25 Million Business Email Compromise Scam Impacting U.S. CompanyRead the Press Release
Defendant Admits He Diverted Funds to Overseas Bank Accounts
WASHINGTON - Onwuchekwa Nnanna Kalu, 39, a Nigerian National from Rivers State, Nigeria, pleaded guilty today to stealing $1.25 million from an investment firm located in Boston, through a business email compromise (“BEC”) scam. The plea was announced by U.S. Attorney Matthew M. Graves and Acting Special Agent in Charge David Geist, of the FBI Washington Field Office's Criminal and Cyber Division.
Nnanna Kalu pleaded guilty in the District of Columbia to one count of wire fraud. U.S. District Court Judge Randolph D. Moss scheduled a sentencing hearing for November 29, 2023. Kalu was arrested in 2022 and has been detained by the Court as a risk of flight.
BEC scams typically involve a combination of computer intrusion techniques and social engineering in order to misdirect a transfer of funds into a bank account controlled by the fraudsters. According to court documents, Kalu and others conspired to enrich themselves through a BEC scheme that targeted an investment firm located in Massachusetts (Company A), which had invested in 42 companies located in North America, Europe, and Israel. Kalu and other conspirators gained access to the email account of an employee at Company A and, unbeknownst to the employee, the fraudsters installed malware on the employee’s computer that forwarded emails containing certain words like “invoice,” “fund,” “pay,” and “wire,” to an external email account controlled by the fraudsters. Kalu and others then created a spoofed domain name for Company A that differed by one letter, and sent spoofed emails, appearing to be from directors of Company A, to a financial services company located in London, England (Company B). Those spoofed appeals directed Company B to misdirect $1.25 million of wire transfers from Company A’s bank account to bank accounts outside of the U.S. controlled by conspirators. Once the fraudsters transferred the funds to financial institutions outside the U.S., the conspirators transferred some of those funds to bank accounts they controlled in Nigeria.
“Business email compromise schemes wreak havoc on companies, governments, and other institutions,” said Graves. “The best way to thwart a BEC scheme is due diligence. Check and double check the email address before responding with any information that could put you or your employer at risk. Once a breach is identified, we will do everything in our power to identify, arrest, and prosecute the perpetrators no matter where they hide.”
“Onwuchekwa Nnanna Kalu conspired to steal over $1 million from an investment firm through a business email compromise scheme,” said Acting Special Agent in Charge Geist. “This case should serve not only as a caution to businesses about the dangers of spoofed emails but also as a warning to cybercriminals about the FBI's dedication to prosecuting fraudsters — even those who operate overseas.”
In announcing the guilty plea, U.S. Attorney Graves commended the work of those who investigated the case from the Federal Bureau of Investigation, Washington Field Office. He also acknowledged the efforts of Assistant United States Attorney John W. Borchert who investigated and prosecuted the case.
Missouri Woman Admits Fraudulently Obtaining Pain Pills Meant for AnimalsRead the Press Release
ST. LOUIS – A woman who worked for a pet food company in Montgomery City, Missouri on Friday admitted fraudulently obtaining pain pills meant for animals.
Mackenzie Noel Deeker, 39, of Montgomery County, Missouri, pleaded guilty in front of U.S. District Judge Sarah E. Pitlyk to a felony count of acquiring a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.
Deeker, who was animal health supervisor for the company, was responsible for ordering and maintaining records for controlled substances, including the pain medication tramadol. After the company stopped using tramadol because research in the veterinary field questioned its effectiveness, Deeker continued to order the drug by using the company’s Drug Enforcement Administration researcher registration and the DEA registration information belonging to an independent veterinarian working with the company.
In her plea, Deeker admitted diverting tramadol for her personal use. She continued ordering the drug to rectify shortages in the company’s records due to her personal use of the drug. In one example given in Deeker’s plea agreement, on April 30, 2021, she called in a prescription for 90 tablets to a local pharmacy, claiming that it was authorized by the veterinarian for a dog named “Dandee.” Dandee had been euthanized more than two months earlier, however.
At Deeker’s November 2 sentencing, both sides have agreed to recommend probation. She has agreed to pay $5,200 to the veterinarian, who was suspended by the company for eight weeks while they investigated the missing tramadol.
The Drug Enforcement Administration investigated this case. Assistant U.S. Attorney Mohsen Pasha is prosecuting the case.
Mississippi Landman Sentenced to Prison for Submitting False Corporate Tax ReturnRead the Press Release
A Mississippi man was sentenced to 30 months in prison for filing a false corporate income tax return on behalf of his oil and gas leasing business.
According to court documents and statements made in court, Jeffrey C. Randall of Jackson, Mississippi, owned and operated an oil and gas lease company, Gulf States Royalty, Ltd. After informing his return preparer that he was unwilling to pay the tax he owed on the $3 million dollars earned by Gulf States in 2008, Randall and his preparer falsely reported more than $2 million dollars in business expenses on Gulf States’ corporate income tax return for that year. Randall then signed the false return and directed his tax return preparer to submit it to the IRS. In total, Randall caused a tax loss to the IRS of $824,036.72.
At the sentencing hearing, the United States presented evidence that after being indicted in 2015, Randall earned roughly $2 million in income from his oil and gas business between 2015 and 2021, for which he did not pay any taxes. As a result, the United States argued that Randall caused an additional loss to the IRS of over $700,000, and nearly $300,000 in interest and penalties.
In addition to the term of imprisonment, Chief U.S. District Judge Daniel P. Jordan III ordered Randall to serve one year of supervised release and to pay $824,036.72 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Richard (R.J.) Hagerman of the Tax Division and Assistant U.S. Attorney Chet W. Kirkham for the Southern District of Mississippi prosecuted the case.
Minneapolis Man Pleads Guilty to Three Armed CarjackingsRead the Press Release
ST. PAUL, Minn. – A Minneapolis man has pleaded guilty to committing three violent carjackings, announced U.S. Attorney Andrew M. Luger.
According to court documents, in Minneapolis on March 16, 2023, at approximately 8:00 p.m., Javon Thomas Wilson-Branch, 19, along with another individual approached two people who had just parked and exited a black Mercedes Benz SUV. Wilson-Branch pointed a Springfield Armory rifle at the victims and demanded they hand over everything they had. At gunpoint, the victims provided Wilson-Branch with the keys to the vehicle. Wilson-Branch got into the carjacked SUV and drove away.
The next day, at approximately 4:00 a.m., Wilson-Branch and another individual carjacked a blue Toyota Highlander at gunpoint in Minneapolis. Wilson-Branch and others pulled the carjacked SUV up next to the Highlander, and demanded the victim’s car keys at gunpoint. An AirTag inside the carjacked vehicle tracked the vehicle to Saint Paul, where it was left and abandoned at approximately 4:30 a.m., and Saint Paul police later recovered the carjacked vehicle.
About thirty-minutes later, at approximately 5:00 a.m., Wilson-Branch and another individual drove the carjacked SUV to Saint Paul and parked behind a black Audi A6. Shortly thereafter, when the owner approached the Audi A6, Wilson-Branch and the other individual exited the carjacked SUV armed with a 9mm semi-automatic pistol and a Springfield Armory rifle. Both men pointed the firearms at the victim and forced him to give up his keys, wallet, and phone. The victim was also forced to unlock his cell phone, which was later used to make unauthorized money transfers from the victim’s bank account to Wilson-Branch and others. Wilson-Branch drove away in the carjacked Audi and the other individual drove away in the carjacked Mercedes Benz SUV. About 30 minutes later, officers with the St. Paul Police Department spotted the two carjacked vehicles in the area of Maryland Avenue and Western Avenue. Officers attempted a traffic stop but both vehicles fled police at a high rate of speed. Officers with the Woodbury Police Department later located the Audi A6 in a mall parking lot and apprehended Wilson-Branch in another building after a short chase. Two of the firearms used in the carjackings were located inside the Audi A6 along with the keys to the Toyota Highlander.
Wilson-Branch pleaded guilty yesterday in U.S. District Court before Senior Judge David S. Doty to two counts of aiding and abetting carjacking, and admitted to aiding and abetting a third carjacking. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by the FBI, the Saint Paul Police Department, the Minneapolis Police Department, and the Woodbury Police Department.
Assistant U.S. Attorney Benjamin Bejar is prosecuting the case.
McCurtain County Resident Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Alexandria Nicole Nix, age 26, of Idabel, Oklahoma, entered a guilty plea on July 27, 2023, to one count of Involuntary Manslaughter in Indian Country.
The charges arose from an investigation by the Oklahoma Highway Patrol, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On March 12, 2018, Nix drove her truck under the influence of alcohol and failed to stop at a four-way intersection where she collided with another vehicle. The other motorist died as a result of injuries sustained in the collision.
Law enforcement’s investigation of the matter revealed Nix attempted to hide a box of beer she had in her vehicle at the time of the crash. Data from Nix’s truck showed she never hit the brakes despite approaching the posted stop sign. Toxicology tests of Nix’s blood revealed she had a .145 blood-alcohol content near the time of the crash.
The crime occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Gerald J. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. Nix was allowed to remain free on bond pending sentencing.
Assistant United States Attorney Joshua Satter represented the United States.
Matthews, N.C. Man Is Sentenced as A Career Offender for Cocaine Distribution and Illegal Gun PossessionRead the Press Release
CHARLOTTE, N.C. – Shannon Demond Lawrence, 45, of Matthews, N.C., has been sentenced to 176 months in prison followed by three years of supervised release for cocaine distribution and illegal gun possession, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. At today’s hearing, the Court enhanced Lawrence’s sentence due to his classification as a Career Offender, stemming from his multiple prior criminal convictions, to include drug distribution and firearms offenses.
U.S. Attorney King is joined in making today’s announcement by Bennie Mims, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Johnny Jennings of the Charlotte Mecklenburg Police Department (CMPD).
According to filed court documents and court proceedings, law enforcement initiated a federal investigation into Lawrence for suspected drug trafficking. Court documents show that, on multiple occasions between October and November 2021, Lawrence sold cocaine and fentanyl to an undercover detective. During two drug transactions, the undercover detective observed that Lawrence possessed firearms, including an AK-47 assault rifle. Court records show that, in addition to selling narcotics, Lawrence sold the undercover detective two firearms, one of which was loaded.
On August 23, 2022, Lawrence pleaded guilty to distributing cocaine and possession of a firearm by a convicted felon. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
U.S. Attorney King thanked the ATF and CMPD for their investigation of the case.
The prosecution was handled by Assistant U.S. Attorney Christopher Hess of the U.S. Attorney’s Office in Asheville.
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.
Maryland Man Pleads Guilty to Attempted Witness Tampering in Relation to Healthcare Fraud ConspiracyRead the Press Release
WASHINGTON – Atawan Mundu John, a.k.a., John Mundu Atawan, 46, of Hyattsville, Maryland, pleaded guilty today to attempting to tamper with a witness more than nine years ago during a federal healthcare fraud investigation. He was charged via indictment in December 2014 but remained a fugitive until his arrest three weeks ago.
The guilty plea was announced by U.S. Attorney Matthew M. Graves, Acting Special Agent in Charge David Geist, of the FBI Washington Field Office's Criminal and Cyber Division, Special Agent in Charge Maureen R. Dixon, of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C., and Daniel W. Lucas, Inspector General for the District of Columbia.
In February 2014, a federal grand jury charged Florence Bikundi, who owned and operated a home health care agency, with various offenses related to a multimillion-dollar scheme to defraud the D.C. Medicaid program. The defendant was employed by Bikundi’s agency as a personal care aide. After Bikundi was arrested, the investigation into her and others continued. As part of its investigation, law enforcement agents interviewed the defendant multiple times.
On June 12, 2014, one of the Medicaid beneficiaries who received kickbacks from the defendant to help facilitate the fraud placed a recorded call to the defendant that lasted approximately 18 minutes. During that call, the defendant – fully aware of the active federal investigation – instructed the beneficiary to lie to the FBI about ever receiving money or kickbacks. The defendant admitted on the call that paying money to beneficiaries was fraud. Law enforcement agents confronted the defendant with the recorded call five days later. Before formal charges were brought against him, the defendant fled the area.
In December 2014, a federal grand jury returned a superseding indictment charging Florence Bikundi, her husband Michael Bikundi, Christian Asongcha, five other individuals, and the defendant with various offenses related to the scheme to defraud Medicaid. The defendant was charged with one count of attempted witness tampering. Five of the individuals pleaded guilty to health care fraud, and in November 2015, a jury convicted Florence and Michael Bikundi of multiple offenses after a trial. By June 2016, the Bikundis and five other individuals all had been sentenced while Asongcha, who has never been apprehended, and the defendant remained fugitives.
The defendant remained a fugitive until July 13, 2023, when he was arrested in Maryland. He has been held without bond since then.
U.S. District Court Judge Beryl A. Howell, who accepted the defendant’s guilty plea, scheduled sentencing for November 3, 2023. The court will determine the appropriate sentence after considering the sentencing guidelines and other factors.
The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at 800- HHS‑TIPS (800 447-8477) or the D.C. Office of the Inspector General at 800-724-TIPS (800 274-8477).
This case was investigated by the FBI’s Washington Field Office, the Department of Health and Human Services’ Office of Inspector General, and the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit. Multiple people from the U.S. Attorney’s Office worked on this case, including former Assistant U.S. Attorneys Lionel A. André, Anthony Saler, and Michelle Bradford, who tried Florence and Michael Bikundi. The case against Atawan Mundu John is being prosecuted by Assistant U.S. Attorney Kondi Kleinman with assistance from Paralegal Specialist Michon Tart.
Maryland MS-13 Gang Member Pleads Guilty to Participating in a Racketeering Conspiracy, Including MurderRead the Press Release
Greenbelt, Maryland – MS-13 member Kevin Alexander Castillo Calderon, a/k/a “Fantasma,” “Ghost,” “Eterno,” and “Josue Argueta Gonzalez,” age 25, of Colesville, Maryland, pleaded guilty today to a racketeering conspiracy, including a murder.
The sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, the La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, as well as throughout the United States. In Maryland and elsewhere, MS-13 members are organized into “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang and opens the door to promotion to a leadership position.
According to his plea agreement, Castillo Calderon was a member and associate of Weedams Locos Salvatrucha, (“WLS”), an MS-13 clique operating primarily in Adelphi, Maryland.
As detailed in court documents, on August 8, 2020, WLS members, including Castillo Calderon, WLS leader Brayan Alexander Torres and Franklyn Sanchez, were gathered at a park in Prince George’s County, Maryland. Castillo Calderon, Torres, Sanchez and other WLS members agreed to murder Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. Sanchez and another MS-13 member murdered Victim 4, then WLS members dragged Victim 4’s body to a stream and left it there. Castillo Calderon then picked up a large rock and dropped it on Victim 4’s head. As he was leaving the woods, Sanchez was concerned that his DNA may have been left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body. In addition, at Torres’ direction, Castillo Calderon took the guns used to shoot Victim 4 and Victim 4’s cell phone, put them in a bag he was carrying and disposed of the evidence. Victim 4’s body was later recovered with a bullet wound to the head.
Castillo Calderon was also responsible for collecting extortion payments, or “rents,” from extortion victims on behalf of WLS, knowing that the victims making extortion payments did so under the threat of death or bodily injury by members of WLS. For example, gang members used baseball bats to impose rents and sometimes collected rent while flashing firearms or otherwise making it known that they were carrying weapons.
Castillo Calderon and the government have agreed that, if the Court accepts his plea, Castillo Calderon will be sentenced to 26 years in federal prison. U.S. District Judge Paula Xinis has scheduled sentencing for November 7, 2023 at 2:30 p.m. Co-defendant Torres, a/k/a “Spooky,” age 29, of Adelphi, Maryland, is expected to be sentenced to 28 years in federal prison at his sentencing on September 13, 2023. Torres will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 4’s estate. On May 19, 2023, Judge Xinis sentenced Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, to 28 years in federal prison and ordered that Sanchez must pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
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 make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (“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 that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked U.S. Immigration and Customs Enforcement-Enforcement and Removal Operations and the Montgomery County Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorney Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
# # #Maryland Doctor Convicted After Three-Week Trial for COVID-19 Healthcare Fraud SchemeRead the Press Release
Baltimore, Maryland – A federal jury in Maryland convicted Ron Elfenbein, M.D., age 49, of Arnold, Maryland, for five counts of healthcare fraud for submitting over $15 million in false and fraudulent claims to Medicare and other insurers for patients who received COVID-19 tests at sites operated by the defendant. Elfenbein is the first doctor convicted at trial by the Justice Department for health care fraud in billing for office visits in connection with patients seeking COVID-19 tests.
The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Maureen Dixon for the Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge Thomas Sobocinski for the FBI Baltimore Field Office, and Deputy Assistant Inspector General for Investigations Conrad J. Quarles, Office of the Inspector General (OPM-OIG).
According to the evidence presented at his three-week trial, Elfenbein owned and operated Drs ERgent Care, LLC, d/b/a First Call Medical Center and Chesapeake ERgent Care. Drs ERgent care operated drive-through COVID-19 testing sites in Anne Arundel and Prince George’s Counties. Elfenbein instructed the employees of Drs ERgent Care that, in addition to billing for the COVID-19 test, the employees were to bill for high-level evaluation and management visits. In reality, these visits were not provided to patients as represented. Rather, Elfenbein instructed his employees that the patients were “there for one reason only – to be tested,” that it was “simple and straightforward,” and that the providers were “not there to solve complex medical issues.” Many of these patients were asymptomatic, were getting tested for COVID-19 for their employment requirements, or who were getting tested for COVID-19 so that they could travel. Elfenbein, through Drs ERgent Care, submitted or caused the submission of claims totaling more than $15 million to Medicare and other insurers for these high-level office visits.
Elfenbein faces a maximum sentence of 10 years in federal prison for each of the five counts of healthcare fraud for which he was convicted. Chief U.S. District Judge James K. Bredar has scheduled sentencing for November 7, 2023 at 4:00 p.m.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite commended the HHS-OIG, DCIS, the FBI, and OPM-OIG for their work in the Elfenbein investigation. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Matthew P. Phelps and Trial Attorney D. Keith Clouser of the Justice Department’s Fraud Section, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao/md.
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Man Indicted Following Seizure of Almost 130 Pounds of Methamphetamine During Traffic StopRead the Press Release
PHOENIX, Ariz. – Rudy Vasquez Cervantes, 20, of Mexicali, Baja California, Mexico, was indicted last week by a federal grand jury in Phoenix on one count of Possession with Intent to Distribute Methamphetamine.
The indictment alleges that, on June 30, 2023, Cervantes was traveling by vehicle when he was stopped by the Arizona Department of Public Safety. A subsequent search of his vehicle revealed packages hidden under the floor between the back seat and trunk. The packages tested positive for the presence of methamphetamine and weighed a total of 128.75 pounds.
A conviction for Possession with Intent to Distribute Methamphetamine carries a maximum sentence of 20 years in prison, a fine of up to $1,000,000, and up to lifetime supervised release.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Drug Enforcement Administration, Yuma Office, is conducting the investigation in this case. Assistant United States Attorney Lisa E. Jennis, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-23-01113-PHX-DJH
RELEASE NUMBER: 2023-120_Cervantes# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest newsMS-13 Gang Member Sentenced to Life in Federal Prison for a Racketeering Conspiracy, Including a Murder in MarylandRead the Press Release
Baltimore, Maryland – U.S. District Judge Paula Xinis today sentenced Jose Henry Hernandez-Garcia, a/k/a “Paciente,” age 29, of Annandale, Virginia, to life in federal prison for racketeering and murder in aid of racketeering conspiracies, for committing murder in aid of racketeering, and for conspiracy to destroy and conceal evidence connected to his participation in La Mara Salvatrucha, a transnational criminal enterprise also known as MS-13. The charges related to the murder of a victim believed to be cooperating with law enforcement and the subsequent cover-up of the murder. Hernandez-Garcia was convicted on December 16, 2022, after a two-week trial, along with co-defendants Jose Domingo Ordonez-Zometa, a/k/a “Felon,” age 33, of Landover Hills, Maryland and Jose Rafael Ortega-Ayala, a/k/a “Impaciente,” age 30, of Greenbelt, Maryland.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Acting Special Agent in Charge David Geist of the Federal Bureau of Investigation - Washington Field Office Criminal and Cyber Division; Special Agent in Charge James C. Harris of Homeland Security Investigations, Baltimore Office; Stafford County Sheriff David P. Decatur; Chief Malik Aziz of the Prince George’s County Police Department; and Chief Kevin Davis of the Fairfax County Police Department.
MS-13, one of the largest street gangs in the United States, is a national and international gang composed primarily of immigrants or descendants from El Salvador and other central American countries. Branches or “cliques” of MS-13, operate throughout the United States, including in Maryland, Virginia, and Washington, D.C. Hernandez-Garcia and his co-defendants were members and associates of the Los Ghettos Criminales Salvatruchas (“LGCS” or “Ghettos”) clique of MS-13.
Members of MS-13 were expected to protect the name, reputation, and status of the gang from rival gang members and other persons, at all times, using any means necessary to force respect from those who showed disrespect, including acts of intimidation and violence. One of the principal rules of MS-13 is that its members must attack and kill rivals, often referred to as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position.
According to evidence presented at trial, Ordonez-Zometa, the leader of the LGCS clique, called a meeting of the LGCS clique at his house on March 8, 2019, to discuss gang matters, including recent contacts that a clique member (Victim 1) had with the police. Hernandez-Garcia, Ortega-Ayala, Victim 1, and other MS-13 members participated in the meeting, during which Ordonez-Zometa questioned Victim 1 about his/her cooperation with police.
During the questioning, Hernandez-Garcia, his co-defendants and at least one other MS-13 member assaulted Victim 1, based on their incorrect suspicions that Victim 1 was cooperating with law enforcement. They also assaulted another MS-13 member who attempted to defend Victim 1. The assault culminated with Ordonez-Zometa, as LGCS clique leader, ordering that Victim 1 be killed. Hernandez-Garcia, Ortega-Ayala, and other MS-13 members then stabbed and murdered Victim 1 in Ordonez-Zometa’s basement.
According to trial testimony, after the murder, Ordonez-Zometa ordered Hernandez-Garcia, Ortega-Ayala, and other LGCS clique members and co-conspirators, to conceal and destroy evidence of the murder. Ortega-Ayala and other MS-13 members transported the body of the victim to a secluded location in Stafford County, Virginia, and set the victim’s body on fire, then destroyed and concealed evidence of the murder from the vehicle used to transport the victim. Meanwhile, Ordonez-Zometa, Hernandez-Garcia, and another MS-13 member stayed at the crime scene and attempted to remove, destroy, and conceal evidence of the murder, including the blood of Victim 1.
Ordonez-Zometa was sentenced to life in federal prison on March 6, 2023. Ortega-Ayala also faces a mandatory sentence of life in prison at his sentencing on September 25, 2023.
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 make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also an Organized Crime Drug Enforcement Task Force (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 that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
United States Attorney Erek L. Barron and Assistant Attorney General Kenneth A. Polite, Jr. commended the FBI, HSI, the Stafford County Sheriff’s Office, the Prince George’s County Police Department, and the Fairfax County Police Department for their work in the investigation and thanked the Prince George’s County State’s Attorney’s Office for its assistance. Mr. Barron and Mr. Polite thanked Assistant U.S. Attorney Michael Morgan and Trial Attorneys Jared Engelking and Matthew Hoff of the Justice Department’s Criminal Division Organized Crime and Gang Section, who are prosecuting this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psn and https://www.justice.gov/usao-md/community-outreach.
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Luzerne County Man Charged with Trafficking Fentanyl and Possessing Stolen FirearmsRead the Press Release
Scranton– The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Eshawn Harrell, age 29, of Wilkes Barre, Pennsylvania, was indicted by a federal grand jury on August 1, 2023, for drug trafficking and firearms charges.
According to United States Attorney Gerard M. Karam, the indictment charges Harrell with possession with intent to distribute 40 grams or more of fentanyl and possession of stolen firearms in furtherance of drug trafficking on June 29, 2023.
This matter was investigated by the Pennsylvania State Police, the Luzerne County District Attorney’s Office, and the Drug Enforcement Agency (DEA). Assistant United States Attorney Brian J. Gallagher is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Harrell faces a maximum penalty of forty (40) years in prison and a lifetime term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Local man faces life for pulling firearm during robberyRead the Press Release
HOUSTON – A 20-year-old Houston man has pleaded guilty to possessing a firearm during the robbery of a local discount store, announced U.S. Attorney Alamdar S. Hamdani.
On Dec. 4, 2022, Marvieon Simien entered the Family Dollar on Hiram Clarke Road in Houston. He grabbed several items and approached the register but departed without them. He returned to his vehicle for several minutes before re-entering the store wearing a mask.
He selected another item from the shelf and walked to the register. He then pulled his mask down, spoke to the store clerk and retrieved the handgun from his waistband. She felt intimidated and was in fear for her life, so she backed away from him. At that time, Simien reached over the counter, removed a nominal amount of money from the register and fled the scene.
Video footage linked Simien to the robbery. The clerk was also able to identify him.
The gun and stolen cash were never recovered.
U.S. District Judge David Hittner will impose sentencing Oct. 26. At that time Simien, faces a minimum of five years and up to life in federal prison and a possible $250,000 maximum fine.
Simien has been and will remain in custody pending that hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Houston Police Department Task Force conducted the investigation. This is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative which combines personnel and resources from numerous federal, state and local agencies. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts and enhancing training, public awareness and education. It stems from the Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant U.S. Attorneys Joe Porto and Brian Hrach prosecuted the case.