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18 August 2023
Minnesota Man Sentenced to 78 Months for Possession MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that Jeno Michael Paulucci, 42, of Duluth, Minnesota, was sentenced on August 15, 2023, by Senior United States District Court Judge John M. Gerrard to 78 months’ imprisonment for Possession of Methamphetamine with the Intent to Distribute. Paulucci was also sentenced to a three-year term of supervised release to be served after he completes his prison sentence. There is no parole in the federal system. Additionally, Paulucci will be forfeiting to the United States any interest he had in a 2018 Cadillac Escalade, which was used during the commission of the offense. Paulucci pleaded guilty to his offense on May 18, 2023.
On August 3, 2022, law enforcement conducted a checkpoint on Interstate 80 in Dawson County, Nebraska. Jeno Paulucci was the driver and Paulucci’s co-defendant, Patrick Lewis McKinney, was the passenger. Paulucci exited the highway and parked on the wrong side of the road. Law enforcement initiated a traffic stop and smelled a strong odor of marijuana coming from the vehicle. Paulucci did not have a driver’s license, registration, or insurance. Law enforcement subsequently searched the vehicle and located 63 grams of methamphetamine, cocaine, fentanyl pills, kief, and ecstasy pills. Law enforcement also located various dangerous weapons to include two machetes, multiple bladed weapons, a baton taser, and a firearm.
McKinney pleaded guilty to Possession of Methamphetamine with the Intent to Distribute on April 17, 2023. On July 21, 2023, McKinney was also sentenced to a term of 78 months’ imprisonment, and three years of supervised release.
This case was investigated by the Nebraska State Patrol.
Mexico Man Sentenced as Part of a Drug Trafficking ConspiracyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Sonora, Mexico, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 11, 2023.
Miguel Armenta Rivas, 39, was sentenced to 14 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Rivas was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in August of 2021. He pleaded guilty on April 13, 2022.
As part of his role within the drug trafficking organization, Rivas coordinated with other co-conspirators and would transport large quantities of methamphetamine from Arizona and other places outside of South Dakota into the Rapid City, South Dakota area. Rivas also coordinated with others regarding the storage and distribution of the methamphetamine once it arrived in South Dakota. The conspiracy lasted more than a year’s time frame. In August of 2021, agents conducted a search warrant of multiple locations in the Rapid City area tied to the conspiracy and located over 70 pounds of methamphetamine, multiple pounds of heroin and cocaine, as well as thousands of fentanyl pills, approximately $144,000, and thirteen firearms. One co-conspirator, Noel Rivera, has also been sentenced. Rivera was sentenced in December of 2022 to 17.5 years in federal prison, followed by five years of supervised release. Another co-conspirator is awaiting trial.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina Nelson prosecuted the case.
Rivas was immediately remanded to the custody of the U.S. Marshals Service.
Mexican Man Sentenced to over 30 Years in Federal Prison for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a Culiacan, Sinaloa, Mexico man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on August 14, 2023.
Diego Martin Duran Acosta, age 32, was sentenced to 33 years and nine months in federal prison and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Duran Acosta was indicted by a federal grand jury in January of 2022. He pleaded guilty on November 14, 2022.
The conviction stemmed from incidents when Duran Acosta distributed methamphetamine. He voluntary joined an agreement with others to have the methamphetamine sold to him so he could resell it and share with other co-conspirators. A search warrant was obtained for his hotel room on September 20, 2021. Law enforcement discovered approximately nine pounds of methamphetamine, which is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Douglas County Sheriff’s Office in Alexandria, MN, the West Central MN Drug and Violent Crimes Task Force, and the FBI. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Duran Acosta was immediately remanded to the custody of the U.S. Marshals Service.
Martinsville Man Sentenced to 48 Months for Illegal Gun PossessionRead the Press Release
ROANOKE, Va. – A Martinsville, Virginia man, who police found lying next to a vehicle and unconscious, was sentenced today to 48 months in federal prison to be immediately followed by three years of supervised release for being a convicted felon in possession of a firearm.
David Charles Donavon, Jr., 35, pled guilty in March 2023 to one count of possession of a firearm by a previously-convicted felon.
According to court documents, in July 2022, Martinsville Police officers were called to check on a man lying next to a vehicle. Upon arrival, officers observed Donovan lying unconscious on the ground.
While police were checking on his well-being, they observed a 9mm semiautomatic pistol inserted into his waistband with a magazine containing 15 rounds of ammunition. Further investigation into his identity revealed that Donovan was a convicted felon who is prohibited from possessing a firearm.
United States Attorney Christopher R. Kavanaugh made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsville Police Department investigated the case.
Special Assistant United States Attorney J. Parker Gochenour, an Assistant Attorney General with the Virginia Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case.
Mandeville Man Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that JOHN SUTTON (“SUTTON”), a resident of Mandeville, Louisiana, pled guilty in federal court on August 17, 2023 before Chief U.S. District Judge Nannette Jolivette Brown to one count of wire fraud in violation of Title 18, United States Code, Section 1343 in connection with a scheme to defraud the Department of Veterans Affairs, announced U.S. Attorney Duane A. Evans.
SUTTON’s co-conspirators, James Thomas Sinyard, Jr., a/k/a Jay Sinyard, and Mary Gigi Sinyard, a/k/a Gigi Sinyard, were charged by bill of information on February 14, 2023. On May 18, 2023, Jay and Gigi Sinyard pled guilty to one count of wire fraud. (EDLA Case No. 23-30 “G”). Co-conspirator Marc Quiroz was charged by bill of information on April 11, 2023. On August 17, 2023, Quiroz pled guilty to one count of wire fraud. (EDLA Case No. 23-60 “G”).
According to the Bill of Information, SUTTON submitted fraudulent affidavits for home aid services provided when he knew that those services were not actually provided. As part of the scheme to defraud, beginning in or around April 2013 and continuing until July 2018, SUTTON did knowingly devise and intend to devise a scheme and artifice to defraud the United States Department of Veterans Affairs (Veterans Affairs) and to obtain money and property by submitting false affidavits and applications to Veterans Affairs on behalf of veterans and their spouses, claiming that VetAttend had provided home services to the veterans, when in fact, it had not. During the scheme to defraud, Veterans Affairs issued funds to over 300 veterans and/or their surviving spouses from which SUTTON fraudulently appropriated, without the knowledge of the veterans, totaling approximately $4,065,969.18.
SUTTON faces a possible maximum term of imprisonment of twenty years, a $250,000 fine, up to three (3) years supervised release, and a mandatory $100 special assessment fee. The Court set sentencing of JOHN SUTTON for November 9, 2023.
The U.S. Attorney’s Office praised the work of the Department of Veterans Affairs – Office of Inspector General. The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh, of the Financial Crimes Unit.
Management Company for 48 Skilled Nursing Facilities Agrees to Settle Americans with Disabilities Act ComplaintRead the Press Release
ALEXANDRIA, Va. – The United States Attorney’s Office announced a settlement agreement under the Americans with Disabilities Act (ADA) with Consulate Management Company, III, LLC (CMC), which manages 48 skilled nursing facilities.
The settlement agreement resolves allegations that a nursing facility managed by CMC had denied admission to an individual who is deaf because she would need sign language interpreting services. The ADA prohibits covered entities from excluding individuals with disabilities from their services because they require auxiliary aids or services, such as a sign language interpreter. The remedial terms of the settlement agreement apply to each of the nursing facilities managed by CMC.
To resolve this complaint, CMC agreed to pay $40,000 to the individual that was denied admission and a $50,000 civil penalty. CMC also agreed to make significant changes to the policies and procedures at the nursing facilities it manages. CMC will adopt new ADA policies at all 48 of the nursing facilities it manages. These policies will make the nursing facilities’ services accessible to individuals with communication disabilities, including those who require the services of a sign language interpreter. CMC will also designate an ADA Administrator, who will be responsible for ensuring each facility’s compliance with the ADA; enter into agreements with sign language interpreting service providers to provide services to individuals who need them; and provide training for its personnel on the ADA’s effective communication requirements.
Nursing facilities are an essential component of the healthcare system, as they provide sub-acute healthcare services, including post-hospitalization and long-term care. This settlement agreement ensures that several thousand additional nursing facility beds are accessible to individuals who are deaf or hard of hearing.
The matter was investigated by Assistant U.S. Attorney Steve Gordon, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office. The civil claims settled by this ADA agreement are allegations only; there has been no determination of civil liability.
This office recently circulated a Dear Colleagues Letter reminding healthcare providers of the ADA’s effective communication requirements, identifying common issues that arise in these cases, and providing practical steps that healthcare providers can take to comply with the ADA. Additionally, the Department of Justice has a number of publications available to assist entities in complying with the ADA, including Effective Communication, and a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings. For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD).
A copy of this press release may be found on the website of the United States Attorney’s Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. of the U.S. Attorney’s Office for the Eastern District of Virginia.
Man and Woman Indicted for Child Neglect and Drug Offenses on Menominee Indian ReservationRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on August 15, 2023, a federal grand jury returned a three-count indictment charging a man and woman with child neglect and controlled substance offenses on the Menominee Indian Reservation. The indictment named Louis J. Chevalier (age: 32) and Michelle E. Grignon (age: 35) who both lived in a residence in the Legend Lake area of the Menominee Indian Reservation.
The indictment charged Chevalier and Grignon with the following counts:
COUNT
CHARGE
PENALTY
One
Maintaining Drug-Involved Premises
21 U.S.C. § 856(a)(1)
Up to 20 years in prison; up to a $500,000 fine; up to 3 years on supervised release; and a mandatory $100 special assessment
Two
Child Neglect – Drug Endangerment
18 U.S.C. §§ 1153(a) and (2)(a); Wis. Stat. § 948.21(2)(g) and (3)(e)(1)
Up to 18 months in prison; up to a $100,000 fine; up to 1 year on supervised release; and a mandatory $100 special assessment
Three
Child Neglect – Bodily Harm as a Consequence
18 U.S.C. §§ 1153(a) and (2)(a); Wis. Stat. § 948.21(2)(a) and (3)(d)
Up to 3 years in prison; up to a $100,000 fine; up to 1 year on supervised release; and a mandatory $100 special assessment
According to filed court documents, on or about March 31, 2023, officers with the Menominee Tribal Police Department and Menominee County Sheriff’s Office executed a search warrant based on drug activity at the Chevalier-Grignon residence. Officers discovered a 3-year-old child who was exposed to controlled substances and suffered from medical neglect caused by Grignon and Chevalier’s failure to take action to provide necessary care to the child.
The Menominee Tribal Police Department, Menominee County Sheriff’s Office, and Federal Bureau of Investigation investigated the case, with assistance from Willow Tree Cornerstone Child Advocacy Center in Green Bay. Assistant United States Attorney Andrew J. Maier will prosecute the case.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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Man Convicted of Submitting False Statements to COVID-19 Relief ProgramRead the Press Release
A federal jury in Memphis convicted a Tennessee man yesterday for making false statements on an attestation to receive $107,568.03 from the Provider Relief Fund, a federal program that provided financial assistance to medical providers offering care to Americans suffering from COVID-19.
According to court documents and evidence presented at trial, Raymond Earl Vallier, 52, of Fayette County, owned and operated North Delta Hospice and Palliative Services LLC in Southaven, Mississippi, from 2006 until June 2019, when he ceded ownership to Individual 1, who passed away in February 2020. By January 2020, North Delta Hospice had stopped billing Medicare and Medicaid and stopped paying employees. North Delta Hospice also did not file a 2020 federal income tax return. In April 2020, North Delta Hospice received a Provider Relief Fund payment of $107,568.03. When the payment was deposited into the company’s bank account, Vallier transferred some of the funds to accounts that he controlled. Then, he issued a $58,000 check to himself. To retain the Provider Relief Fund monies, Vallier submitted a false and fraudulent attestation on behalf of North Delta Hospice in the name of Individual 1, who at that time was deceased. In the attestation, Vallier accepted terms and conditions of payment, which involved certifying, among other things, that North Delta Hospice provided, after Jan. 31, 2020, diagnoses, testing, or care of individuals with possible or actual cases of COVID-19. Vallier also falsely certified that North Delta Hospice would only use the payment to prevent, prepare for, and respond to coronavirus, and only for health care related expenses and lost revenues attributable to coronavirus.
The jury convicted Vallier of two counts of making false statements. His sentencing is scheduled for Dec. 7. He faces a maximum penalty of five years in prison for each count of making false statements. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, U.S. Attorney Kevin G. Ritz for the Western District of Tennessee, and Special Agent in Charge Tamala E. Miles of the Department of Health and Human Services Office of Inspector General (HHS-OIG) made the announcement.
HHS-OIG investigated the case.
Trial Attorney Sara E. Porter and Assistant Chief Justin Woodard of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tony Arvin for the Western District of Tennessee are prosecuting the case.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is the Provider Relief Fund, monies that were provided to medical providers that must be used for the medical providers’ coronavirus response.
The Medicare Fraud Strike Force is part of a joint initiative between the Justice Department and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Madison County Man Receives 7-Year Federal Sentence for Possession of Child Sexual Abuse MaterialRead the Press Release
EAST ST. LOUIS, Ill. – A U.S. District judge sentenced a Worden man to serve seven years in federal prison after he admitted to possessing more than 600 images of child sexual abuse material (CSAM).
Joseph Vieth, 36, was also ordered to pay a $5,000 fine, $5,000 in special assessments and $6,000 in restitution to the victims. Following his prison sentence, he will serve five years of supervised release.
“Law enforcement recovered hundreds of images of CSAM from the defendant’s phone—photos and videos taken of real children being abused in sexually-explicit situations,” said U.S. Attorney Rachelle Aud Crowe. “Vieth furthered the exploitation of the victims depicted by viewing and distributing the material, and his substantial prison sentence is warranted.”
According to court documents, Vieth was active in an online group identified as a messaging outlet for distributing child pornography from March 28 through Oct. 18, 2021. On four occasions between May 7 and June 21, 2021, he communicated with undercover law enforcement officers and distributed five different videos containing CSAM. Vieth also communicated with undercover law enforcement about meeting to sexually abuse a minor.
“The FBI prioritizes targeting those who put the safety of our children in jeopardy,” said FBI Springfield Special Agent in Charge David Nanz. “Our proactive efforts are designed to put those intent on harming children behind bars. This case and the resulting sentence represent the effectiveness of our efforts.”
On Oct. 5, 2021, Agents executed a search warrant on the defendant’s house and seized multiple electronic devices. While searching his cell phone, agents uncovered more than 600 images of CSAM.
The FBI Springfield Field Office led the investigation, and Assistant U.S. Attorney Ali Burns prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
Local Man Charged with Fraudulently Obtaining More Than $500,000 in COVID-19 Relief FundsRead the Press Release
MIAMI – A federal grand jury charged Emmanuel Bully, Jr., 44, of Miami-Dade County, Florida, with wire fraud. Per the indictment, Bully fraudulently obtained more than $500,000 in forgivable Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL) loans. These loans are guaranteed by the Small Business Administration under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
According to the indictment, between April 29, 2020, through approximately September 27, 2021, Bully submitted six PPP and EIDL loan applications on behalf of himself—as a sole proprietor—and each of his purported four companies: MB Tax Consultants LLC, MB Tax Services LLC, MB Tax Services Consultants, and Emmanuel B. In each PPP and EIDL loan application, Bully falsely stated the corporation’s average monthly payroll or gross revenues. These false and fraudulent applications ultimately led to Bully receiving over $500,000 in PPP and EIDL loan funds. Contrary to the purported purpose for the loans, Bully spent the EIDL and PPP loan proceeds for his personal use and benefit, not for payroll costs, interest on mortgages, rent, or utilities.
During Bully’s initial appearance before U.S. Magistrate Judge William Matthewman, the prosecutor alleged Bully was interviewed earlier this month by FBI special agents regarding the alleged fraud. The FBI arrested Bully as he attempted to leave the country on an international flight on August 16, 2023.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, made the announcement.
FBI, West Palm Beach Field Office, investigated the case. Assistant U.S. Attorney Shannon Shaw is prosecuting it.
An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.
On May 17, 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, among other methods, 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 click here.
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 at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 23-CR-80141.
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Lincoln Man Sentenced to 30 Months for Possession of a FirearmRead the Press Release
Acting United States Attorney Susan Lehr announced that Said Muhammad Almustaqiim, 20, of Lincoln, Nebraska, was sentenced today by Senior United States District Court Judge John M. Gerrard to 30 months’ imprisonment for being an Unlawful User of a Controlled Substance in Possession of a Firearm. Almustaqiim was also sentenced to a three-year term of supervised release to be served after he completes his prison sentence. There is no parole in the federal system. Almustaqiim pleaded guilty to his offense on November 17, 2022.
On March 21, 2021, the defendant was stopped by an officer with the Lincoln Police Department. The vehicle Almustaqiim was driving did not have a license plate and was displaying an expired “in-transit” sticker. Almustaqiim was the only person in the vehicle. The officer noticed the odor of burnt marijuana coming from the vehicle. Almustaqiim told the officer he had just placed a “roach” inside a drink container. A “roach” is a common slang term meaning the remains of a used marijuana cigarette. The officer searched the car and found 22 grams of marijuana, a digital scale, and $40 in United States currency in a backpack in the car. The police also found a loaded Canik, model TP9DA, 9mm handgun underneath the driver’s seat. Almustaqiim told officers that he was a user of marijuana.
The investigation was conducted by the Lincoln Police Department and the Federal Bureau of Investigation. The Bureau of Alcohol, Tobacco, Firearms, and Explosives assisted with an examination of the firearm. 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.
Leesburg Man Sentenced for the Unlicensed Sale of FirearmsRead the Press Release
ALEXANDRIA, Va. – A Leesburg man was sentenced today to 20 months in prison for selling at least nine firearms, for a profit and without a license, that he originally purchased from Federal Firearms Licensees (FFLs) in the Eastern District of Virginia.
According to court documents from approximately June 17, 2021, through June 25, 2022, in Loudoun County, James Banville, 33, willfully engaged in the business of dealing in firearms without a license. During this period, the defendant purchased 18 firearms from FFLs and illegally sold at least nine of those firearms. To date, law enforcement has recovered three firearms originally purchased by Banville from crime scenes. Of those three, one firearm was recovered by D.C. Metro Police and was loaded with an extended magazine. Another firearm was recovered in New York City following a foot pursuit of a suspect by officers of the New York Police Department.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Craig Kailimai, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge T. S. Ellis, III.
Assistant U.S. Attorney Nicholas Patterson and Special Assistant United States Attorney Jacques Singer-Emery prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-cr-54.
Lab Owner Sentenced for $463M Genetic Testing SchemeRead the Press Release
A Georgia man was sentenced today to 27 years in prison for his role in a scheme to defraud Medicare by submitting over $463 million in genetic and other laboratory tests that patients did not need, and that were procured through the payment of kickbacks and bribes.
According to court documents, Minal Patel, 44, of Atlanta, owned LabSolutions LLC (LabSolutions), a lab enrolled with Medicare that performed sophisticated genetic tests. Patel conspired with patient brokers, telemedicine companies, and call centers to target Medicare beneficiaries with telemarketing calls falsely stating that Medicare covered expensive cancer genetic tests. After the Medicare beneficiaries agreed to take a test, Patel paid kickbacks and bribes to patient brokers to obtain signed doctors’ orders authorizing the tests from telemedicine companies. To conceal the kickbacks and bribes, Patel required patient brokers to sign sham contracts that falsely stated that the brokers were performing legitimate advertising services for LabSolutions, when, as Patel well knew, the brokers were deceptively marketing to Medicare beneficiaries and paying kickbacks and bribes to telemedicine companies for genetic testing prescriptions.
“In one of the largest genetic testing fraud cases ever tried to verdict, today’s sentence makes clear that the Department will seek justice for those who put profits above patient care, including owners and executives,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “The sentence also demonstrates the Criminal Division’s ongoing commitment to fighting telemedicine and genetic testing fraud that exploits patients and drains health care benefit programs.”
Patel knew the telemedicine doctors robo-signed prescriptions for expensive genetic testing even though they were not treating the beneficiaries, often did not even speak with them, and made no evaluation of medical necessity. From July 2016 through August 2019, LabSolutions submitted more than $463 million in claims to Medicare, including for thousands of medically unnecessary genetic tests, of which Medicare paid over $187 million. In that timeframe, Patel personally received over $21 million from Medicare in connection with the fraud.
“Deception, kickbacks, and bribes have no place in the provision of legitimate genetic testing and telemedicine services to patients who need them,” said Special Agent in Charge Jeffrey B. Veltri of the FBI Miami Field Office. “Patel bilked hundreds of millions of dollars from Medicare through a complex testing fraud scheme. He is now paying the price for this crime. The FBI commends the Department of Health and Human Services Office of Inspector General (HHS-OIG) for their close partnership and diligence working this joint investigation. Our message to those who commit Medicare fraud and steal from U.S. taxpayers is clear: you will be caught and you will be held accountable.”
“This outcome sends a strong message that HHS-OIG will not tolerate those who exploit Medicare patients and who pay kickbacks to providers to prescribe medically unnecessary genetic tests, all for illegitimate financial gain,” said Acting Special Agent in Charge Julie Rivera of the HHS-OIG. “Our commitment to safeguarding the integrity of the Medicare program remains unwavering.”
The FBI and HHS-OIG investigated the case.
Trial Attorneys Jamie de Boer, Emily Gurskis, Reginald Cuyler Jr., Katherine Rookard, and Patrick Queenan of the Criminal Division’s Fraud Section prosecuted the case. Assistant U.S. Attorney Marx Calderon for the Southern District of Florida is handling asset forfeiture proceedings. An asset forfeiture hearing is scheduled for Aug. 25.
The case was brought as part of Operation Double Helix, a federal law enforcement action led by the Health Care Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section, focused on fraudulent genetic cancer testing that has resulted in charges against dozens of defendants associated with telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged.
Kennewick Man Sentenced to Federal Prison for Conspiring to Obstruct an Official ProceedingRead the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced that Mohammed Naji Al-Jibory, age 54, of Kennewick, Washington was sentenced after having pleaded guilty to conspiracy to obstruct an official proceeding. United States District Judge Mary K. Dimke sentenced Al-Jibory to a 10-month term of imprisonment, to be followed by a 3-year term of court supervision after he is released from federal prison.
According to court documents, in February 2019, the Federal Bureau of Investigation (“FBI”) opened an official investigation into allegations that several individuals were involved in a scheme to defraud insurance companies and obtain money and property by staging automobile accidents and filing false and fraudulent claims with insurance companies. The FBI investigation expanded to an investigation by a federal grand jury empaneled in the Eastern District of Washington. In May 2020, the FBI executed warrants to search several residences in Washington and California for evidence of federal crimes.
In September 2020, when interviewed by the FBI, Al-Jibory falsely accused an FBI agent and another individual he and Ali Abed Yaser suspected of being an FBI informant of soliciting approximately a $20,000 bribe from a third person to make the case go away. In doing so, Al-Jibory engaged in misleading conduct toward the FBI agents with the intention of hindering, delaying, and preventing communication about their criminal activities to federal officers and a judge of the United States. Al-Jibory also attempted to corruptly obstruct, influence, and impede a federal grand jury proceeding and a criminal proceeding before a judge and court of the United States.
Vanessa R. Waldref, United States Attorney for the Eastern District of Washington said, “Obstructing official proceedings by falsely accusing a federal agent of bribery will not be tolerated. I commend the efforts of the law enforcement officers who investigated this case.”
This case was investigated by the Federal Bureau of Investigation and the United States Department of Health and Human Services, Office of Inspector General, with the assistance of the National Insurance Crime Bureau. This case is being prosecuted by George J.C. Jacobs, III, Assistant United States Attorney for the Eastern District of Washington.
4:21-CR-6042-MKD-23
Jury finds former Pike County deputy guilty of excessive use of forceRead the Press Release
COLUMBUS, Ohio – A federal jury has convicted a Piketon man of committing civil rights violations while employed as a Pike County deputy.
Jeremy C. Mooney, 48, violated a victim’s constitutional rights on Nov.18, 2019, while the victim was in the custody of the Pike County Sheriff’s Office.
The verdict was announced today following a trial that began on Aug. 16 before U.S. District Judge Edmund A. Sargus, Jr.
According to court documents and trial testimony, Mooney repeatedly used pepper spray and struck the victim while the victim was restrained and not posing a threat.
Mooney was working the night shift that spanned Nov. 17 to 18, 2019. He transported the victim from the jail to the Pike County Sheriff’s Office headquarters and placed the victim in a “violent prisoner restraint chair.”
For more than an hour, Mooney unlawfully used force against the victim on several occasions. For example, Mooney dragged the victim – who was in the restraint chair with his hands secured behind his back – outside, before spraying him directly in the face with pepper spray.
The victim writhed in pain and tipped the chair back off the curb, landing on his back. Mooney again deployed the pepper spray directly into the victim’s face.
After bringing the victim back inside, Mooney returned to the restrained victim on three more occasions and punched the victim in the head 11 times. Mooney punched the victim with enough force to break his own hand.
All these unlawful uses of force occurred while the victim posed no threat to himself or others.
A former Pike County Sheriff’s Office supervisor, William Stansberry, Jr., 47, of Chillicothe, was also charged in this case. Stansberry violated the victim’s constitutional rights by willfully failing to intervene to prevent Mooney’s conduct.
Stansberry pleaded guilty in July 2023 to deprivation of civil rights under color of law. Mooney was convicted today of three counts of the same crime, which is punishable by up to 10 years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Kristen Clarke, Assistant Attorney General of the Department of Justice’s Civil Rights Division; and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the verdict. Assistant United States Attorney Peter K. Glenn-Applegate and Trial Attorney Cameron A. Bell from the Justice Department’s Civil Rights Division are representing the United States in this case.
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Jacksonville Fugitive Pleads Guilty to Possession of Counterfeit Government CheckRead the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that Verdell Terria Jones (58, Jacksonville) has pleaded guilty to possession of a fictitious government document involving a counterfeit government check. Jones faces a maximum penalty of 25 years in federal prison and payment of restitution to the victims that she defrauded. Her sentencing hearing is set for November 1, 2023.
Jones was arrested on April 11, 2017. After being released on pre-trial supervision, Jones fled the jurisdiction in August 2017 and a warrant was issued for her arrest. Jones remained a fugitive for more than five years until the FBI located and arrested her in April 2023.
According to the plea agreement and court proceedings, Jones was involved with the Sovereign Citizen Movement and did not recognize the authority of the U.S. government. As part of a scheme to defraud, Jones obtained counterfeit checks made to look like genuine checks issued by the U.S. Department of Treasury. Superimposed on the counterfeit checks was language such as “an obligation of the United States,” “statutory legal tender obligation of the United States,” and an image of the Statue of Liberty that appeared to be identical to the image contained on genuine government financial documents issued by the U.S. Department of Treasury.
In 2015, Jones contacted an individual in Jacksonville who was selling a car. Jones agreed to purchase the car by paying off the balance on the car loan. Jones sent the financial institution a counterfeit check for $25,000 that appeared to be drawn on the U.S. Department of Treasury in an attempt to defraud both the financial institution and the individual selling the car.
This case was investigated by the Federal Bureau of Investigation’s Joint Terrorism Task Force. It is being prosecuted by Assistant United States Attorneys Kevin C. Frein and Michael Coolican.
Honduran Man Charged with Illegal ReentryRead the Press Release
NEW ORLEANS, LOUISIANA – ELIAS MANUEL MURCIA-BONILLA, age 32, a native of Honduras, was charged yesterday in a one-count indictment with Illegal Reentry in violation of Title 8, United States Code, Section 1326(a), announced United States Attorney Duane A. Evans.
MURCIA-BONILLA faces a maximum term of imprisonment of 2 years, a term of supervised release up to 1 year, a fine of up to $100,000.00, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of Homeland Security Investigations, Enforcement and Removal Operations agents in investigating this matter. Assistant United States Attorney Jon Maestri of the General Crimes Unit is in charge of the prosecution.
Hartford Man Pleads Not Guilty to Felon in Possession ChargeRead the Press Release
Burlington, Vermont – The Office of the United States Attorney for the District of Vermont stated that on August 17, 2023, James Ingerson, 53, of Hartford, Vermont, pleaded not guilty to a single-count indictment that charges him with being a previously convicted felon in possession of a firearm. At the hearing, United States Magistrate Judge Kevin J. Doyle ordered Ingerson to remain in custody during the pretrial proceedings.
According to court records and proceedings, on June 7, 2023, law enforcement executed a search warrant at Ingerson’s home in connection with a drug trafficking investigation. During execution of that search warrant, law enforcement discovered a shotgun. During a statement given to law enforcement after waiving his Miranda rights, Ingerson admitted to possessing the weapon. At the time, Ingerson had previously been convicted of approximately eight (8) felonies, including a 2003 conviction for burglary for which he received a 20-year sentence.
The United States Attorney’s Office emphasizes that an indictment contains allegations only and that Ingerson remains presumed innocent unless and until he is convicted of a crime. Ingerson faces a maximum sentence of 15 years of imprisonment if convicted. The actual sentence would be determined with reference to Federal Sentencing Guidelines.
U.S. Attorney Nikolas P. Kerest commended the investigative efforts of the Hartford, Norwich, and Lebanon, New Hampshire Police Departments, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Barbara A. Masterson is handling the prosecution of Ingerson. Ingerson is represented by Matthew Anderson, Esq.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn.
Greenacres Man Sentenced to 97 Months in Prison for Paying for Child Pornography through Online AppRead the Press Release
MIAMI – Yesterday, Andre Tookes, Jr., of Greenacres, Florida, was sentenced to 97 months in prison, followed by 15 years of supervised release, for purchasing child pornography through a social networking application (an “online app”).
According to court records, beginning in April 2022, Andre Tookes, Jr. communicated with an unknown person in South Africa through a social networking application. Tookes, Jr. purchased dozens of child pornography videos from the South African for $70 on each of nine separate occasions. Law enforcement officers executed a search warrant on Tookes, Jr.’s residence and were able to uncover the communications on his seized phone. Tookes, Jr. pled guilty to receipt of child pornography.
U.S. Attorney Markenzy Lapointe of the Southern District of Florida and Special Agent in Charge Anthony Salisbury, HSI Miami, announced the sentence imposed.
HSI West Palm Beach investigated the case as part of a larger investigation into similar purchasers of child pornography. Assistant U.S. Attorney Gregory Schiller prosecuted the case.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about the Project Safe Childhood initiative and for information regarding Internet safety, please visit www.justice.gov/psc.
To report online child sexual exploitation, use the electronic Cyber Tip Line or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children in partnership with the FBI and other law enforcement agencies.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 23-cr-80087.
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Girlfriend of California Source of Fentanyl Conspiracy Sentenced to 9 YearsRead the Press Release
ABINGDON, Va. – A California woman, who helped her boyfriend ship thousands of pressed fentanyl pills to members of a Southwest Virginia drug dealing conspiracy, was sentenced yesterday to nine years in federal prison.
Destiny Raeann Perez, 23, of Turlock, California, pleaded guilty in January 2023 to conspiring to distribute and possession with the intent to distribute 400 grams or more of fentanyl.
According to court documents, during the conspiracy, Perez was based in California and assisted her boyfriend, Alexander Ortiz, with the packaging of thousands of pressed fentanyl pills for distribution. Perez organized pill orders and mailed drug parcels from California to customers located throughout the United States, including to drug dealers Paul Perkins and Aaron Stidham in Southwest Virginia.
Ortiz and Perez estimated they made over $500,000 selling pressed fentanyl pills via social media.
United States Attorney Christopher R. Kavanaugh, Craig B. Kailimai, Special Agent in Charge of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Tommy D. Coke, Inspector in Charge of the U.S. Postal Inspection Service - Atlanta Division, made the announcement.
The Wise County Sheriff’s Office, the Norton Police Department, the Southwest Virginia Drug Task Force (consisting of the Wise County Sheriff’s Office, the Scott County Sheriff’s Office, the Lee County Sheriff’s Office, the Norton Police Department, the Big Stone Gap Police Department, and the Virginia State Police), the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the United States Postal Inspection Service investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Gangster Disciples Members Convicted of Three Gang-Related MurdersRead the Press Release
MACON, Ga. – A federal jury yesterday afternoon convicted three members of the Gangster Disciples for their roles in the murder of an Athens, Georgia, resident as retribution for the killing of another gang member and the murders of two other Athens men falsely suspected of cooperating with law enforcement.
Philmon Deshawn Chambers, aka “Dolla Phil,” 34, of Atlanta was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy; Violent Crime in Aid of Racketeering - Murder (VICAR-Murder); Carry and Use of a Firearm During and In Relation to a Crime of Violence; and Causing the Death of a Person Using a Firearm. Chambers faces a mandatory minimum sentence of life in prison for the VICAR-Murder offense, and a maximum of life in prison for each of the remaining offenses.
Co-defendant Andrea Paige Browner, aka “Drea,” 28, of Athens, Georgia, was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy; Violent Crime in Aid of Racketeering - Murder (VICAR-Murder); and Causing the Death of a Person Using a Firearm. Browner faces a mandatory minimum sentence of life in prison for the VICAR-Murder offense, and a maximum of life in prison for each of the remaining offenses.
Co-defendant Lesley Chappell Green, aka “Grip,” 35, of Stone Mountain, was convicted of Racketeer Influenced and Corruption Organization (RICO) conspiracy. Green faces a maximum of life in prison.
Jury selection began on July 31 and the trial concluded on Aug. 17 before Chief U.S. District Judge Marc T. Treadwell. A sentencing date for Chambers, Browner and Green has not been scheduled.
Two co-defendants previously entered guilty pleas:
Robert Maurice Carlisle, aka “Different,” 36, of Lithonia, Georgia, pleaded guilty to Racketeer Influenced and Corruption Organization (RICO) conspiracy on June 8, and is facing a maximum sentence of life in prison; and
Shabazz Larry Guidry, aka “Lil Larry,” 28, of Decatur, Georgia, pleaded guilty to Racketeer Influenced and Corruption Organization (RICO) conspiracy on June 8 and is facing a maximum sentence of life in prison.
Sentencings for these defendants has not been scheduled.
“Philmon Chambers, Andrea Browner and Lesley Green were Gangster Disciples who engaged in a pattern of violent criminal activity for years, to include three heinous murders; now, justice has been served,” said U.S. Attorney Peter D. Leary. “Violent gangs, intimidation and murder have no place in our lawful society, and I commend the federal, state and local partners who worked so closely to solve this case of exceptional complexity.”
"Our hope is that this verdict brings a sense of relief and justice to the victim's families, who have endured such pain throughout these past few years,” said Robert Gibbs, Senior Resident Agent of FBI Atlanta's Macon Office. “All three defendants’ actions were indefensible, cruel and unjust. They will now face the penalty for the despicable choices they made. We are grateful for our law enforcement partners who worked tirelessly on this case, as their dedication was essential in today’s verdict.”
“This guilty verdict ensures that these violent offenders who are directly responsible for multiple murders are off the streets, making Athens and the entire state of Georgia safer,” said Athens-Clarke County Police Chief Jerry Saulters. “Local, state and federal agencies poured countless hours over several years into the success of this case, and I am thankful for their tireless efforts to make sure justice is served.”
According to court documents, Chambers held a “Position of Authority” within the national Gangster Disciples criminal organization, which included overseeing members of the “Enforcement Team.” The Enforcement Team is directed to discipline gang members using physical assault or murder. Co-defendant Green was a member of the Enforcement Team. Co-defendant Browner was a member of the “Sisters of the Struggle” (SOS), a parallel female component of the Gangster Disciples, and held a leadership position in the gang.
Evidence presented at trial proved that on Dec. 10, 2018, Gangster Disciples member Walter Brown was murdered in Athens, Georgia. Chambers and Browner sought retaliation for Brown’s death and believed three unnamed Athens residents were responsible. On Dec. 14, 2018, Browner met Rodriquez Apollo Rucker, of Athens, at a downtown Athens hotel and learned that Rucker was related to one of the individuals she believed killed Brown. Browner texted Chambers, and Chambers came to the motel. Chambers followed Rucker home and shot and killed him. Browner notified an associate of the Gangster Disciples that she and Chambers would be leaving town because the police would be looking for them.
Browner was taken into custody in Mt. Enterprise, Texas, on Dec. 15, and Chambers got away. Chambers was suspicious that someone was cooperating with law enforcement and focused his suspicions on Derrick Ruff and Joshua Jackson. Chambers concluded that Ruff and Jackson were “snitches” and directed Green, who held a subordinate position on the Enforcement Team, to carry out the murders of Ruff and Jackson.
Text messages and intercepted phone calls between Chambers, Green, Carlisle and Guidry revealed that Ruff and Jackson were lured by Green, as directed by Chambers, to drive from Athens to Lawrenceville to break into storage sheds and steal items to send to Chambers as “aid and assistance” as he was hiding out from law enforcement in a Gangster Disciple “safe house” in Killeen, Texas. The ruse worked, and Ruff and Jackson were murdered on Dec. 19 and their bodies concealed in the storage unit until March 17, 2019, when police with the assistance of cadaver sniffing dogs located them. Additional messages between Chambers, Green, Carlisle and Guidry showed that they conspired to dispose of the victims’ bodies, which included potentially burning the bodies or dumping the bodies in a landfill. Law enforcement recovered the bodies and made arrests before these plans could be carried out.
This case is being prosecuted as part of the joint federal state, and local 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.
The case is being investigated by FBI Athens Resident Agency Middle Georgia Safe Streets Gang Task Force, Athens-Clarke County Police Department and the Gwinnett County Police Department.
Assistant U.S. Attorney Mike Morrison of the Middle District of Georgia and Trial Attorney Ken Kaplan of the Department of Justice’s Criminal Division’s Organized Crime and Gang Section are prosecuting the case for the Government.
Four Texas Men Plead Guilty to Stealing Cash, Damaging ATMs in Three StatesRead the Press Release
COLUMBUS, Ga. – Four Houston, Texas, residents pleaded guilty to federal charges for stealing cash and damaging ATMs using hooks, chains and stolen trucks in Georgia, Alabama and Louisiana.
Jamarlon Butler, 37, pleaded guilty to conspiracy to commit offense or to defraud the United States on Aug. 15. Co-defendants Marques Strambler, 35, David Hill, 31, and Traveon Odoms, 34, pleaded guilty to conspiracy to commit offense or to defraud the United States on Aug. 7. The defendants each face a maximum of five years in prison to be followed by three years of supervised release and a $250,000 fine. Sentencing before U.S. District Judge Clay Land is scheduled for Dec. 7. There is no parole in the federal system.
“These defendants embraced lawlessness, stealing vehicles and mauling ATMs in numerous attempts to steal money in Georgia, Alabama and Louisiana,” said U.S. Attorney Peter D. Leary. “Our office will not hesitate to hold individuals accountable for criminal actions that cause loss and damage for people, their businesses and the broader communities we serve.”
“Damaging property and stealing cash from a bank is a federal crime, regardless if violence occurred, and the FBI will always investigate” said Rich Bilson, Senior Resident of FBI Atlanta’s Columbus office. “Rather than legitimately work to make their money, these defendants choose to scheme and steal and will now be held accountable for their crimes.”
According to court documents and other evidence, the defendants stole cash from ATMs in Georgia, Alabama and Louisiana during the summer of 2021 by accessing the machine’s internal safe using chains and hooks attached to stolen trucks. In total, the defendants are being held accountable for three ATM robberies totaling $166,482.18 of loss in cash and damages.
The first theft occurred in the Middle District of Georgia on June 16, 2021. The defendants stole a Ford F250 from Phenix, Alabama, and targeted the SunTrust Bank on Courtyard Way in Columbus, Georgia. Ultimately, their attempt to access the money inside the ATM was unsuccessful but caused $12,727 in damage.
Approximately forty minutes later and 11 miles away from the SunTrust Bank in Columbus, the defendants successfully robbed the ATM machine at Phenix Girard Bank on Highway 280 in Phenix City, Alabama, using the same stolen truck. The total in cash and damages there was $129,804.44.
Police found the abandoned truck a half a mile from the Phenix Girard Bank the next day. Surveillance footage captured the truck being abandoned behind a business and three individuals running away towards another vehicle. An employee of the business stated he saw the truck traveling at a high rate of speed and dragging something causing sparks and noise (caused by the still-attached tow chain and hook), before it was abandoned in the parking lot. The truck was the same truck used in the attempted robbery of the SunTrust ATM in Columbus.
The defendants stole a truck in Covington, Louisiana, on July 27, and attempted to rob the ATM at the Hancock Whitney Bank in Covington at 4:00 a.m. unsuccessfully. Surveillance video shows the defendants exiting a truck and attaching a tow chain and hook to the front of the ATM to access the internal safe. The defendants caused $23,950.74 in damage.
The case was investigated by FBI-Atlanta, FBI-New Orleans, the Columbus Police Department, the Phenix City, Alabama, Police Department and the St. Tammany Parish Sheriff’s Office, Louisiana.
Assistant U.S. Attorney Crawford Seals is prosecuting the case for the government.
Fort Myers Man Sentenced to Federal Prison for Unlawfully Possessing Firearm as A Convicted FelonRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced James Blanks (27, Fort Myers) to 12 months in federal prison for possessing a firearm as a convicted felon, to be served consecutively to a 4-year state prison sentence he is currently serving. The court also ordered Blanks to forfeit the firearm and ammunition possessed during the offense. Blanks had pleaded guilty on May 4, 2023.
According to court records, on the night of October 30, 2020, officers from the Fort Myers Police Department attempted to conduct a traffic stop on a vehicle being driven by Blanks. Blanks initially stopped his vehicle on a grassy shoulder but as officers began to exit their vehicle, Blanks sped away from them. As Blanks continued fleeing from law enforcement, he rear-ended another vehicle and lost control of his own vehicle, ultimately crashing it into a concrete utility pole off the roadway. Officers arriving at the scene detained Blanks and located a loaded Smith & Wesson pistol protruding from under the driver’s seat of his vehicle.
Blanks was previously convicted on state charges of aggravated fleeing to elude law enforcement. Therefore, he is prohibited from possessing a firearm or ammunition under federal law. He will begin serving his federal sentence upon release from state prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Myers Police Department. It was prosecuted by Assistant United States Attorney Simon R. Eth.
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.
Fort Jennings Man Sentenced for Child ExploitationRead the Press Release
TOLEDO – Kirk Smith, 33, of Fort Jennings, Ohio was sentenced on Wednesday, August 16, to 15 years in prison by U.S. District Judge James R. Knepp after earlier pleading guilty to sexual exploitation of a minor. Judge Knepp also ordered Smith to pay a $100 special assessment and be placed on supervised release for 10 years upon release from imprisonment. Additionally, Smith was ordered to pay $5,000 to the Justice for Victims of Trafficking Act.
According to court documents, in September of 2021, Smith engaged in online communication with undercover law enforcement and indicated he was sexually active with a minor child and had nude photos of the child. Shortly thereafter, Smith sent photos of a minor child that were sexually exploitive. A court authorized search warrant was executed at Smith’s residence where his cellphone was seized and found to contain the messages Smith exchanged with the undercover law enforcement online.
This case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Sara Al-Sorghali.
Former Pharmacy President Admits $32 Million Health Care Kickback SchemeRead the Press Release
NEWARK, N.J. – A former president of a pharmacy business admitted his role in a health care kickback conspiracy involving prescriptions for Medicare and TRICARE beneficiaries, Attorney for the United States Vikas Khanna announced today.
Elan Yaish, 53, of Israel, pleaded guilty on Aug. 16, 2023, before U.S. District Judge Esther Salas in Newark federal court to an information charging him with conspiracy to violate the Federal Anti-Kickback statute.
According to documents filed in this case and statements made in court:
From September 2017 to around December 2020, Yaish participated in operating pharmacies, including Apogee Bio-Pharm LLC, in Edison, New Jersey. Yaish and others agreed to engage in a scheme to pay marketing companies to direct prescriptions for expensive medications to the pharmacies.
The marketing companies identified Medicare and TRICARE beneficiaries to target for expensive drugs and contacted the beneficiaries by telephone to pressure them to agree to try expensive medications, such as pain creams, scar creams, eczema creams, and migraine medication. The marketing companies then transmitted recordings of telephone calls with the beneficiaries, together with pre-marked prescription pads for particular drugs that would yield exorbitant reimbursements, to telemedicine companies. The marketers paid the telemedicine companies kickbacks for every beneficiary referred for a prescription, and the telemedicine companies paid doctors to approve the prescriptions. The marketing companies then directed the prescriptions to pharmacies, including Apogee, with which they had kickback arrangements. The pharmacies filled the prescriptions and sought reimbursement from federal health care benefit programs, including Medicare and TRICARE. The pharmacies, including Apogee, then paid a portion of each reimbursement to the marketing companies as a kickback. As a result of the scheme, Yaish and his conspirators caused a loss to Medicare and other federal health care benefit programs of over $32 million.
The charge of conspiracy to violate the Anti-Kickback Statute is punishable by a maximum potential penalty of five years in prison, and a maximum fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for Dec. 20, 2023.
Attorney for the United States Khanna credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; the U.S. Department of Health and Human Services Office of Inspector General, under the direction of Special Agent in Charge Naomi Gruchacz; and U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick J. Hegarty, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Katherine M. Romano of the Health Care Fraud Unit and Barbara Ward, Senior Trial Counsel of the Asset Recovery and Money Laundering Unit, in Newark.
yaish.information.pdfFormer Nurse Pleads Guilty to Possession of Child Pornography and Conspiracy to Acquire Controlled SubstancesRead the Press Release
Douglas Kelley, 67, from Sioux City, Iowa, pled guilty in federal court on August 17, 2023, to Possession of Child Pornography and Conspiracy to Acquire Controlled Substances by Fraud.
At the plea hearing, Kelley admitted that he knowingly possessed child pornography, including a depiction involving a prepubescent minor or a minor who had not attained 12 years of age. Kelley further admitted he was previously convicted of offenses relating to the possession of child pornography in Buena Vista County, Iowa, in 1993. In a plea agreement, Kelley admitted that he knowingly distributed fentanyl, and conspired to distribute amphetamine as well as conspired to obtain and acquire fentanyl by means of misrepresentation, fraud, deception, and subterfuge. Kelley was a nurse at MercyOne Hospital in Sioux City, Iowa, and used his position to obtain fentanyl and other controlled substances to illegally distribute to others.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Kelley was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. On the Possession of Child Pornography count, Kelley faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of no more than 20 years’ imprisonment without the possibility of parole, a $250,000 fine, and 5 years to life of supervised release following any imprisonment. For the Conspiracy to Acquire Controlled Substances by Fraud count, Kelley faces not more than 4 years’ imprisonment without the possibility of parole, a $250,000 fine and up to 1 year of supervised release.
The case is being prosecuted by Assistant United States Attorney Kraig Hamit and was investigated by the Iowa Division of Inspections & Appeals, United States Department of Health and Human Services, Sioux City Police Department, and the Federal Bureau of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 23-CR-4022.
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Former Juvenile Justice Employee Indicted for Civil Rights and Obstruction of JusticeRead the Press Release
ASHLAND, Ky.— A former Kentucky Department of Juvenile Justice employee, Nathaniel K. Lumpkins, 32, of Elkfork, Ky., has been indicted by a federal grand jury on one count of deprivation of rights under color of law and one count of falsifying records or documents to obstruct justice.
Lumpkins was employed at Woodsbend Youth Development Center, a Kentucky Department of Juvenile Justice facility located in West Liberty, Ky., and worked as a Youth Worker, responsible for the custody, care, and control of the juveniles housed there. The indictment alleges that on January 23, 2019, Lumpkins, while working as a Youth Worker, violated the civil rights of a fifteen-year-old when he used unreasonable force to attempt to restrain the victim, causing bodily injury, including a broken arm. The indictment further alleges that Lumpkins wrote and signed an incident report that included false information, attempting to cover up his use of force.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.
The investigation preceding the indictment was conducted by FBI. The indictment was presented to the grand jury by Assistant U.S. Attorney Zach Dembo.
Lumpkins will appear in Court for his arraignment on Friday. For the deprivation of rights charge, Lumpkins faces up to 10 years in prison, and for the falsifying records charge, he faces up to 20 years in prison. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Former Hoosick Falls Resident Sentenced to 144 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – William Hines, age 45, formerly of Hoosick Falls, New York, was sentenced today to 144 months in prison for receiving and possessing more than 6,100 images of child pornography.
United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Homeland Security Investigations (HSI), Buffalo, New York Field Office, made the announcement.
As a part of his earlier guilty plea, Hines admitted that in December 2016 through January 2017, he downloaded child pornography from a website, and the images he possessed included images depicting the rape of a toddler, adults performing oral sex and using sexual devices upon pre-pubescent children, and images and videos depicting an underaged former girlfriend.
United States District Judge Mae A. D’Agostino also imposed a 15-year-term of post-release supervision and ordered Hines to forfeit a phone, laptop, and external hardrive that he used to store the child pornography. Hines will also have to register as a sex offender upon his release from prison.
HSI investigated the case with the assistance of the Hoosick Falls Police Department and the New York State Police. Former Assistant U.S. Attorney Rachel Williams and Assistant U.S. Attorney Jonathan S. Reiner prosecuted this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state, and local resources to better locates, 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 https://www.justice.gov/psc.
Former Commonwealth’s Attorney Indicted on Bribery and Public Corruption ChargesRead the Press Release
LEXINGTON, Ky.— The former Kentucky Commonwealth’s Attorney for Bath, Menifee, Montgomery, and Rowan Counties, Ronnie Goldy, 51, has been indicted by a federal grand jury on six counts of honest services wire fraud, six counts of using an interstate communication to commit bribery, and two counts of federal program bribery.
The indictment alleges that between November 2017 and November 2020, Goldy defrauded the Commonwealth of Kentucky by using his position as Commonwealth’s Attorney to help a criminal defendant in exchange for bribes. Specifically, the indictment charges that Goldy solicited and accepted sexual favors and sexually explicit images from this individual; and in return, he made decisions in criminal cases that benefitted this defendant and pressured other officials to do the same. The indictment lists examples of actions Goldy agreed to perform for this defendant, including seeking their release from incarceration, asking for the withdrawal of arrest warrants, requesting the postponement of a court hearing, and asking another prosecutor to sign an order directing the release of the defendant’s impounded property.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, announced the indictment.
The investigation preceding the indictment was conducted by FBI. The indictment was presented to the grand jury by Assistant U.S. Attorney Andy Boone.
Goldy will appear for his initial appearance on Monday at 4 p.m. For the six counts of honest services wire fraud, Goldy faces a maximum of 20 years in prison; for the six counts of electronic communication bribery, he faces a maximum of five years in prison; and for the two counts of federal program bribery, he faces a maximum of 10 years in prison. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Former Baltimore County Police Officer Sentenced to 18 Months in Federal Prison for Accepting Bribes in Exchange for Firearms Training CertificationsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced William R. Johnson, Jr., age 34, of Baltimore, Maryland, yesterday to 18 months in federal prison, followed by two years of supervised release, for a federal charge of honest services wire fraud, for seeking and accepting bribes and kickbacks, totaling at least $16,804, to falsely certify that applicants for Maryland handgun qualifying licenses (HQL) and wear and carry permits (CCW) had completed the required training. Judge Bennett also ordered that Johnson must pay a money judgment of at least $16,804, representing the proceeds he obtained from the scheme.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Robert McCullough of the Baltimore County Police Department.
As detailed in court documents, Johnson joined the Baltimore County Police Department and later obtained a qualified handgun instructor certificate from the Maryland State Police. According to his guilty plea, from May 2019 through September 2021, Johnson solicited and accepted bribes and kickbacks from applicants seeking certain licenses in exchange for Johnson falsely certifying to the Maryland State Police that the applicant had completed the training required by law. In conversations with the applicants, Johnson made clear that once they paid the money, Johnson would send them the required documentation and they did not need to attend the required classes.
United States Attorney Erek L. Barron commended the FBI and the Baltimore County Police Department for their work in the investigation and thanked Homeland Security Investigations Baltimore, and the Maryland State Police for their assistance. Mr. Barron thanked Assistant U.S. Attorney Christine Goo, who prosecuted 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 and https://www.justice.gov/usao-md/community-outreach.
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Former Alabama Correctional Sergeant Convicted of Violating the Civil Rights of an Inmate and Obstruction of JusticeRead the Press Release
MONTGOMERY, ALABAMA – Today, a federal jury in the Middle District of Alabama convicted a former Alabama correctional sergeant of deprivation of rights under color of law, falsification of records and obstruction.
The evidence at trial established that on March 8, 2018, at the Alabama Department of Corrections’ Staton Correctional Facility, Correctional Sergeant Devlon Williams assaulted an inmate, D.H., in the main hallway of the healthcare unit. Witnesses at trial testified that Williams repeatedly punched and kicked D.H., who was on the ground and not resisting or posing a threat to any person or corrections officer. Williams continued the beating by hitting D.H. multiple times with a collapsible baton. The government presented evidence at trial that after the beating, Williams and another corrections officer, Larry Managan, who previously pleaded guilty to obstruction, attempted to cover up the beating. Williams made false statements about the assault to an Alabama Department of Corrections investigator and prepared a false report about the incident.
“This defendant is being held accountable for using excessive force against an inmate and preparing a false report to cover-up his unlawful behavior,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Prisoners, like everyone else, have the right to be free from such needless and extreme violence at the hands of law enforcement officers. The Justice Department will continue to hold accountable law enforcement officers who violate the constitutional and civil rights of any Americans, including people who are incarcerated.”
“While most corrections officers try each day to do the right thing, unfortunately, some abuse the authority they are granted,” said U.S. Attorney Sandra J. Stewart for the Middle District of Alabama. “Everyone deserves protection under the law and my office will hold any officer criminally responsible for violating the civil rights of a person in his or her custody.”
“There is no place for this type of behavior in law enforcement. The mission of the FBI is to protect the American people and uphold the Constitution of the United States,” said Special Agent in Charge Paul Brown of the FBI Mobile Field Office. “Today’s conviction demonstrates our commitment to this mission. I would also like to highlight the exceptional work by our partners at the Alabama Department of Corrections Law Enforcement Services Division without whom this case could not have been successful.”
Williams’ co-defendant, Larry Managan Jr., previously pleaded guilty to making false statements in connection with this incident on Dec. 8, 2021. Williams and Managan are awaiting sentencing.
The FBI Mobile Field Office and Alabama Department of Corrections Law Enforcement Services Division investigated the case.
Assistant U.S. Attorney Eric Counts for the Middle District of Alabama and Trial Attorney Anna Gotfryd of the Civil Rights Division’s Criminal Section prosecuted the case.
Florida Man Sentenced to 48 Months in Federal Prison for Using Counterfeit U.S. Passport Cards in Check-Cashing SchemeRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced that Robert Allen Naber of Melbourne, Florida, was sentenced to 48 months in prison for fraudulent use of U.S. passport cards in the execution of bank check fraud. Naber could potentially serve a much longer time in prison because U.S. District Judge Robert J. Jonker ordered his federal sentence to run consecutively to two Iowa state prison sentences for similar conduct.
"Counterfeiters target the U.S. passport card because it is a lesser-known identity document and cheaper than other identifying documents to produce,” said U.S. Attorney Totten. “I applaud the investigative work that went into this case to hold Mr. Naber accountable as a fraudster, to prevent further financial losses to banks, and to protect unsuspecting individuals from becoming victims of identity theft.”
According to court records, beginning in January 2022, Naber obtained counterfeit U.S. passport cards with the names and other details of victims whose personal identifying information had been stolen and posted on the Dark Web. He also obtained their bank account information and created forged checks in their names. The counterfeit cards contained the victims’ personal information but had Naber’s photograph on them. Naber then used the cards to cash forged checks from bank accounts in Iowa, North Carolina, and Kent County, Michigan. He was briefly arrested after cashing checks in Iowa, but absconded from bond and continued his criminal activity.
The scheme ended in August 2022, when Naber was arrested in Locust, North Carolina while he was attempting to cash a check there. He was transferred to the Western District of Michigan for federal prosecution based on checks he passed in Kent County.
“Individuals and organized criminal groups are using counterfeit U.S. passport cards with increasing frequency in identity theft and related fraud schemes targeting financial institutions and retailers,” said U.S. Department of State's Diplomatic Security Service Detroit Resident Agent-in-Charge Matt Kupec. “The Diplomatic Security Service is committed to working with our partners to stop crimes that have the potential to result in millions of dollars in losses throughout the Midwest Region.”
The case was investigated by the U.S. Department of State's Diplomatic Security Service, with assistance from the Kent County Sheriff’s Office, the Grand Rapids Police Department, the Greenfield, Wisconsin Police Department, the Des Moines, Iowa Police Department, and the Locust, North Carolina Police Department. Assistant U.S. Attorney Clay Stiffler and former Assistant U.S. Attorney Clay West prosecuted the case.
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Final Defendant in Red Lake Arson Case Sentenced to Five Years in PrisonRead the Press Release
MINNEAPOLIS– A Red Lake woman has been sentenced to 60 months in prison followed by two years of supervised release for her role in an arson conspiracy on the Red Lake Indian Reservation, announced United States Attorney Andrew M. Luger.
According to court documents, Dalene Roberta Fajardo, 35, Corey Leigh Stately, 40, and Lori Anna Sayers, 33, conspired and knowingly agreed to commit arson to maliciously damage and destroy personal and real property by means of fire or explosive materials. On April 30, 2021, Fajardo and her co-defendants made Molotov cocktail devices, traveled to a location on the Red Lake Reservation, and threw the Molotov cocktails at a 2018 Chevrolet Tahoe. As a result, the vehicle was destroyed and a nearby residence partially burned. The residence’s occupants, including children, were all forced to evacuate.
Fajardo pleaded guilty on March 7, 2023, to one count of aiding and abetting arson. She was sentenced on August 14, 2023, in U.S. District Court before Chief Judge Patrick J. Schlitz. Stately and Sayers were previously sentenced to five and three months in prison, respectively, for their roles in the arson.
This case is the result of a joint investigation conducted by the Red Lake Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Bureau of Investigation.
This case was prosecuted by Assistant U.S. Attorneys Evan Gilead and Laura M. Provinzino.
Final Defendant Sentenced in South Carolina’s Largest RICO ConspiracyRead the Press Release
WASHINGTON – The 40th and final defendant prosecuted as part of the District of South Carolina’s case against the Insane Gangster Disciples (IGD), a branch of the nationwide Folk Nation gang, was sentenced today.
“The incarcerated leadership of the IGD maintained the gang’s lucrative drug enterprise by ordering murders and terrorizing neighborhoods throughout South Carolina,” said Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division. “This vertical prosecution of 40 gang leaders, members, and associates has disrupted the criminal enterprise both inside and outside of prison. The case demonstrates the Department’s resolve to pursue and dismantle these organizations wherever they operate.”
According to court documents, the IGD was a sprawling criminal enterprise that included inmates within the South Carolina Department of Corrections (SCDC) who were gang leaders and used contraband cell phones to orchestrate murders, kidnappings, gun trafficking, and an international drug operation. James Robert Peterson, 35, of Gaffney; Edward Gary Akridge, 31, of Greenville; Matthew J. Ward, 39, of Lexington; and Juan Rodriguez, 43, of Woodruff, orchestrated the crimes from inside SCDC where they were inmates. IGD also included non-incarcerated members who committed crimes outside the prison system. In South Carolina, IGD was divided into three primary “sets,” each with its own leader.
“Contraband cellphones allowed gang leaders to perpetuate violence, traffic guns, and run an international drug operation from behind bars,” said U.S. Attorney Adair F. Boroughs for the District of South Carolina. “Through a years-long, multi-agency partnership with state, local, and federal law enforcement, we have dismantled this criminal enterprise and held accountable both the incarcerated defendants and those who enabled them. We will continue to vigorously investigate and prosecute inmates who use contraband phones to continue their criminal conduct from prison.”
Since the initial indictment in this case, all charged defendants have pleaded guilty to conspiracy under the Racketeer Influenced Corrupt Organizations (RICO) Act, the Violent Crimes in Aid of Racketeering (VICAR) statute, or to conspiracy to distribute and possess with intent to distribute narcotics (including methamphetamine, cocaine, heroin, and fentanyl). Ten defendants were charged with either VICAR murder or kidnapping resulting in death – all of whom pleaded guilty as charged.
Nineteen of the 40 defendants in the case were sentenced on racketeering charges to the following prison terms:
- Peterson, the leader of a gang set within IGD, was sentenced to life in prison after pleading guilty to RICO conspiracy and kidnapping resulting in death.
- Ward, the leader of a gang set within IGD, was sentenced to 23 years in prison after pleading guilty to RICO conspiracy.
- Akridge, the leader of a gang set within IGD, was sentenced to 30 years in prison after pleading to RICO conspiracy and VICAR murder.
- Aaron Michael Carrion, 31, of Lexington, a member of and enforcer for IGD, was sentenced to 35 years in prison after pleading guilty to RICO conspiracy and VICAR murder.
- Aaron Corey Sprouse, 31, of Gaffney, a member of IGD, was sentenced to 20 years in prison after pleading guilty to RICO conspiracy and VICAR kidnapping.
- Arian Grace Jeane, 29, of Greenville, a member of IGD, was sentenced to over 15 years in prison after pleading guilty to RICO conspiracy and aiding and abetting VICAR murder.
- Cynthia Rooks, 55, of Lexington, an associate of IGD, was sentenced to over 11 years in prison after pleading guilty to RICO conspiracy.
- Lisa Marie Bolton, 35, of Dallas, North Carolina, an associate of IGD, was sentenced to over 10 years in prison after pleading guilty to RICO conspiracy.
- Jonathan Eugene Merchant, 30 of Laurens, a member of IGD, was sentenced to 20 years in prison after pleading guilty to aiding and abetting VICAR murder.
- Joshua Lee Scott Brown, 25, of Greenville, a member of IGD, was sentenced to 20 years in prison after pleading guilty to aiding and abetting VICAR murder.
- Alex Blake Payne, 31, of Greenville, a member of IGD, was sentenced to over nine years in prison after pleading guilty to RICO conspiracy.
- Virginia Ruth Ryall, 46, of Gastonia, North Carolina, an associate of IGD, was sentenced to 17 years in prison after pleading guilty to RICO conspiracy.
- Sally Williams Burgess, 40, of Greenville, an associate of IGD, was sentenced to 15 years in prison after pleading guilty to RICO conspiracy.
- Jennifer Sorgee, 39, of Easley, an associate of IGD, was sentenced to 10 years in prison after pleading guilty to RICO conspiracy.
- Heather Henderson Orrick, 36, of Greenville, an associate of IGD, was sentenced to 10 years in prison after pleading guilty to RICO conspiracy.
- Crystal Nicole Bright, 43, of Lexington, a member of IGD, was sentenced to over five years in prison after pleading guilty to RICO conspiracy.
- Lisa Marie Costello, 46, of Gaffney, an associate of IGD, was sentenced to over four years in prison after pleading guilty to RICO conspiracy.
- Amber Hoffman, 39, of Lexington, an associate of IGD, was sentenced to over five years in prison after pleading guilty to RICO conspiracy.
- Clifford Kyzer, 38, of Lexington, an associate of IGD, was sentenced to over 11 years in prison after pleading guilty to RICO conspiracy.
Twenty-one other defendants in this case have also been sentenced to charges stemming from the IGD’s far-reaching narcotics organization after pleading guilty to narcotics distribution conspiracy, possession with intent to distribute narcotics, and/or firearms offenses and related charges. The following are those defendants and their prison terms:
- Rodriguez was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Samuel Dexter Judy, 31, of Lexington, was sentenced to 13 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kelly Jordan, 37, of Williamston, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Richard Ford, 65, of Lexington, was sentenced to seven years in prison after pleading guilty to conspiracy to distribute a controlled substance and related charges.
- Brian Bruce, 51, of West Columbia, was sentenced to four years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Montana Barefoot, 28, of Lexington, was sentenced to five years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- John Johnson, 39, of Gaston, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kelly Still, 46, of Windsor, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Benjamin Singleton, 49, of Lexington, was sentenced to over nine years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Kyla Mattoni, 41, of Lexington, was sentenced to six years in prison after pleading guilty to conspiracy to distribute a controlled substance, felon in possession of a firearm, and related charges.
- Alexia Youngblood, 41, of Lexington, was sentenced to five years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Rebecca Martinez, 36, of Lexington, was sentenced to five years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Mark Edward Slusher, 49, of Lexington, was sentenced to over seven years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Robert Figueroa, 46, of West Columbia, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Britney Shae Stephens, 35, of Anderson, was sentenced to five years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Matthew Edward Clark, 44, of York, was sentenced to three years of supervised release after pleading guilty to conspiracy to distribute a controlled substance.
- Catherine Amanda Ross, 31, of Gaffney, was sentenced to over 10 years in prison after pleading guilty to aiding and abetting kidnapping.
- Brandon Lee Phillips, 39, of Gaffney, was sentenced to time served after serving approximately four years in prison, followed by two years of supervised release, after pleading guilty to conspiracy to distribute a controlled substance.
- Billy Wayne Ruppe, 58, of Gaffney, was sentenced to six years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Windy Brooke George, 24, of Gaffney, was sentenced to 10 years in prison after pleading guilty to conspiracy to distribute a controlled substance.
- Tiffanie Brooks, 39, of Columbia, was sentenced to over three years in prison after pleading guilty to conspiracy to distribute a controlled substance.
In connection with the investigation and prosecution of this case, law enforcement seized approximately 40 kilograms of methamphetamine, more than 130 firearms, and various quantities of heroin and fentanyl.
“ATF joined our local, state, and federal partners in a very dedicated and focused effort to make a long-lasting impact on the level of gun violence and gang activity in South Carolina,” said Acting Special Agent in Charge Brian Mein of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “We brought some extremely dangerous individuals to justice and recovered over a hundred firearms from a criminal organization intent on harming our communities. Disrupting these major criminal networks will have a significant impact on public safety across the state.”
“This sentence marks the end of an era for a violent organization responsible for a multitude of criminal activities across South Carolina that negatively impacted the way of life for many communities,” said Special Agent in Charge Steve Jensen of the FBI Columbia Field Office. “The FBI and our law enforcement partners are committed to dismantling complex criminal enterprises and ensuring that our communities are safe and secure.”
The case is the result of a multi-agency effort to dismantle the IGD by the ATF, FBI, Lexington County Sheriff’s Department, Lexington County Multi-Agency Narcotics Enforcement Team SCDC, Greenville County Sheriff’s Office, Anderson County Sheriff’s Office, South Carolina Law Enforcement Division, Cherokee County Sheriff’s Office, Laurens County Sheriff’s Office, and Richland County Sheriff’s Department. The South Carolina Attorney General’s Office, Fifth Circuit Solicitor’s Office, Eighth Circuit Solicitor’s Office, Eleventh Circuit Solicitor’s Office, and Thirteenth Circuit Solicitor’s Office provided valuable assistance.
Trial Attorney Rebecca Dunnan and Principal Deputy Kim S. Dammers of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Justin Holloway for the District of South Carolina prosecuted the case. Attorneys Brandon B. Hinton, formerly of the U.S. Attorney’s Office, and Lisa K. Man, formerly of the Organized Crime and Gang Section, also assisted with the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Justice Department’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.
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Federal Grand Jury Indicts Tompkinsville Man for Methamphetamine TraffickingRead the Press Release
Bowling Green, KY – A federal grand jury in Bowling Green, Kentucky returned an indictment on August 9, 2023, charging a Tompkinsville, Kentucky man with methamphetamine trafficking.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge J. Todd Scott of the DEA Louisville Field Division, and Director Ron Lafferty of the Barren River Drug Task Force made the announcement.
According to the indictment, on June 6, 2023, Corey Shirley, 29, possessed with the intent to distribute 50 grams or more of methamphetamine in Monroe County, Kentucky. Shirley also distributed 50 grams or more of methamphetamine on December 21, 2021, in Monroe, County, Kentucky.
Yesterday, Shirley made an initial appearance before a U.S. Magistrate Judge in the United States District Court for the Western District of Kentucky. If convicted, he faces a minimum sentence of 10 years in prison and a maximum sentence of life. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the DEA Bowling Green Post of Duty Office and the Barren River Drug Task Force.
Assistant U.S. Attorney Mark J. Yurchisin II, of the U.S. Attorney’s Bowling Green Branch Office, is prosecuting this case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Essex County Man Indicted for Sex Trafficking Minor and Transportation to Engage in Prostitution OffensesRead the Press Release
TRENTON, N.J. – An Essex County, New Jersey, man was arraigned today on charges of sex trafficking and prostitution-related offenses, U.S. Attorney Philip R. Sellinger announced.
Amin Sharif, 48, of Newark, is charged in a five-count indictment with one count of attempted transportation of a victim with intent to engage in prostitution, one count of sex trafficking of a minor, one count of use of an interstate facility to promote unlawful activity, one count of transporting a victim with intent to engage in prostitution, and one count of persuading a victim to travel to engage in prostitution. Sharif was previously charged by criminal complaint in January 2022 on charges of sex trafficking and is detained. He was arraigned today before U.S. Magistrate Judge Michael A. Shipp in Trenton federal court and entered a plea of not guilty.
According to documents filed in this case and statements made in court:
Since January 2021, law enforcement has been investigating Sharif for transporting and attempting to transport women and minors from various states to New Jersey and elsewhere for the purpose of engaging in commercial sex acts and other illicit conduct. Sharif used several social media platforms and profiles to recruit women and minors to engage in sex acts for money. He advertised women and at least one underage girl online for commercial sex acts. The indictment charges Sharif with conduct related to four different victims.
The sex trafficking of a minor charge carries a mandatory minimum penalty of 10 years in prison and a maximum penalty of life in prison. The transporting victim with intent to engage in prostitution charges each carry a maximum penalty of 30 years in prison, and the persuading a victim to travel to engage in prostitution charge carries a maximum penalty of 60 years in prison. The use of an interstate facility to promote unlawful activity charge carries a maximum penalty of five years in prison. Each count also carries a potential fine of up to $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the Criminal Division in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
sharif.indictment.pdfDistrict Man Pleads Guilty in Fatal Stabbing of Another ManRead the Press Release
WASHINGTON – Michael Caldwell, 28, of Washington, D.C., pleaded guilty to stabbing a man to death on June 4, 2023, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela A. Smith, of the Metropolitan Police Department (MPD). Caldwell pleaded guilty on August 14, 2023, in the Superior Court of the District of Columbia, to a charge of voluntary manslaughter while armed. The Honorable Marybeth Raffinan accepted the plea and scheduled sentencing for October 16, 2023.
According to the government’s evidence, on June 4, 2023, at approximately 11:30 p.m., the defendant, Michael Caldwell, and the victim, Damien Thompson, engaged in a verbal argument in the street in front of 4305 Halley Ter SE, Washington, D.C. At one point the victim threw a bottle at Caldwell, at which point Caldwell removed a knife from his pants. The two men continued to verbally argue for approximately 45 seconds, at which point the victim attempted to strike Caldwell with a plastic chair. Caldwell lunged at the victim and stabbed him in the chest, causing the victim to fall to the ground unconscious. Caldwell then proceeded to stab the victim eight more times in the torso before walking away from the scene.
The victim, Damien Thompson, sustained nine stab wounds to the torso and died a short time later. Caldwell was arrested the next day by the Metropolitan Police Department. He has been in custody ever since.
In announcing the plea, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Karina Hernandez and Lead Paralegal Specialist Sharon Newman. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Joshua Hall, who investigated and prosecuted the case.
District Man Pleads Guilty in Armed Carjacking SpreeRead the Press Release
Defendant Shot at Officers and Burglarized Residence While Fleeing Police
WASHINGTON – Tywan Jamad Cummings, 43, of Washington, D.C., pleaded guilty today in U.S. District Court in the District of Columbia to charges stemming from a May 2020 armed carjacking spree, during which he shot at responding police officers and burglarized a private residence, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).
Cummings pleaded guilty to carjacking; using, possessing, carrying, and brandishing a firearm during a crime of violence; and assaulting, resisting, or interfering with a police officer with a dangerous weapon. U.S. District Court Judge Colleen Kollar-Kotelly scheduled a sentencing hearing for January 19, 2024.
According to the government’s evidence, on the morning of May 17, 2020, in the Trinidad neighborhood of Northeast Washington, D.C., the defendant pointed an AR-style rifle at a man who was putting air into his tire, taking the vehicle at gunpoint. The defendant then drove the vehicle into Maryland and, only minutes later, carjacked a nurse outside a hospital in Prince George’s County at gunpoint. Later that evening, in the early morning hours of May 18, 2023, multiple Maryland law enforcement agencies (to include the Bowie, Montgomery County, and Prince George’s County Police Departments) pursued the defendant—who was by this time driving a different stolen vehicle—into Southeast Washington, D.C. MPD officers were also on scene to assist. The defendant crashed the vehicle near a gas station and, while fleeing on foot, opened fire on the Maryland and MPD police officers with a handgun. Shortly after 2:00 a.m., the defendant burglarized an occupied residence and hid in an upstairs bedroom, where he was arrested without further incident. Officers recovered a .40 caliber semiautomatic handgun from the defendant, the AR-style rifle from the stolen vehicle, and over 100 rounds of ammunition. No victim sustained physical injuries during the spree.
Cummings was arrested May 18, 2020 and has been in custody ever since.
Carjacking carries a maximum sentence of 15 years’ imprisonment and a $250,000 fine. Using, carrying, possessing, and brandishing a firearm during a crime of violence carries a mandatory minimum term of seven years’ imprisonment—which must run consecutive to the sentence on the carjacking conviction—and a maximum sentence of life imprisonment and a $250,000 fine. Assaulting, resisting, or interfering with a police officer with a dangerous weapon with a dangerous weapon carries a mandatory minimum term of five years’ imprisonment and a maximum sentence of 30 years’ imprisonment and a $75,000 fine.
A federal judge will determine the appropriate sentenced after considering the applicable guideline range and other relevant factors.
In announcing the plea, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. Valuable assistance was provided by the Bowie Police Department, the Montgomery County Police Department, and the Prince George’s County Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Karla Nunez.
Finally, they commended the efforts of Assistant United States Attorneys Emory V. Cole and Paul V. Courtney, who investigated and prosecuted the case.
Derry Man Indicted in Connection with Importing, Manufacturing, and Distributing SteroidsRead the Press Release
CONCORD – A Derry man has been indicted by a federal grand jury in connection with importing, manufacturing, and distributing steroids, U.S. Attorney Jane E. Young announces.
Ralph Cardarelli, 44, was indicted with distribution or possession with intent to distribute controlled substances and causing a drug to become misbranded after shipment in interstate commerce. Cardarelli was charged by complaint on July 17, 2023.
According to the charging documents, during the execution of a search warrant at Cardarelli’s residence on March 23, 2023, federal investigations discovered over 4800 vials and bottles of suspected controlled substances and prescription drugs, including: Nandrolone Phenylpropionate; Trenbolone Acetate; Dromostanolone Propionate; Boldenone Undecylenate; Testosterone Propionate; Trenbolone Enanthate; Nandrolone Decanoate; Testosterone Enanthate; and Testosterone Cypionate. These drugs are commonly known as steroids. Evidence was also discovered through the search warrant that Cardarelli was importing these drugs, manufacturing, and packaging them in his residence, and dispensing the drugs without requiring a prescription.
The charge of distribution or possession with intent to distribute controlled substances provides for a sentence of up to 10 years in prison, at least 2 years of supervised release, and a fine of up to $500,000.00. The charge of causing a drug to become misbranded after shipment in interstate commerce provides for a sentence of up to 1 year in prison and a fine of up to $1,000.00. 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.
The Food and Drug Administration – Office of Criminal Investigations led the investigation. Valuable assistance was provided by Customs and Border Protection, Homeland Security Investigations, and the Derry Police Department. Assistant U.S. Attorney Geoffrey W.R. 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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Dealer Who Distributed Heroin Resulting in Overdose Sentenced to Federal PrisonRead the Press Release
A drug dealer who sold heroin in Dubuque, Iowa, was sentenced today to 38 months in federal prison.
John Andrew Pruitt, age 39, of Pueblo West, Colorado, received the prison sentence after a March 30, 2023 guilty plea to one count of distribution of a controlled substance.
Evidence at the sentencing hearing established that Pruitt supplied heroin users in the Dubuque area with controlled substances from at least 2017 until 2022. In March 2020, Pruitt supplied an individual with purported heroin, and that individual subsequently overdosed. Despite learning about this overdose, Pruitt nonetheless continued to sell drugs in the Dubuque area.
Pruitt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He was sentenced to 38 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Pruitt is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Nicole L. Nagin and Assistant United States Attorney Jason D. Norwood and investigated by the Dubuque Drug Task Force as part of the Northern Iowa Heroin Initiative.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1030.
Follow us on Twitter @USAO_NDIA.
Dealer of Fentanyl-Laced Heroin That Resulted in the Overdose Death of Actor Michael K. Williams Sentenced to 10 Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that IRVIN CARTAGENA, a/k/a “Green Eyes,” was sentenced today to 10 years in prison for conspiring to distribute heroin, fentanyl, and fentanyl analogue. As part of the conspiracy, CARTAGENA distributed the fentanyl-laced heroin that resulted in the death of Michael K. Williams. CARTAGENA pled guilty on April 5, 2023, before U.S. District Judge Ronnie Abrams, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “On September 5, 2021, Irvin Cartagena sold Michael K. Williams a fatal dose of heroin laced with fentanyl and a fentanyl analogue. Michael K. Williams tragically lost his life after using the drugs sold to him by Cartagena. Although their product had already claimed one life, Cartagena and his co-conspirators continued to sell potentially lethal fentanyl-laced heroin. This Office will tenaciously continue our enforcement efforts against unscrupulous drug dealers who distribute poison and exacerbate the scourge of the fentanyl epidemic.”
According to the allegations in the complaints, court filings, and statements made in Court:
Between at least in or about August 2020 and February 2022, a drug trafficking organization (the “DTO”) was operating in the vicinity of 224 South 3rd Street in the Williamsburg neighborhood of Brooklyn, New York. The DTO sold heroin laced with fentanyl and a fentanyl analogue on the street in front of, and from an apartment inside of, the apartment building located at 224 South 3rd Street, among other places. On or about September 5, 2021, in connection with the DTO’s drug sales, CARTAGENA sold Michael K. Williams heroin, which was laced with fentanyl and a fentanyl analogue. Williams died as a result of using that fentanyl-laced heroin. Despite knowing that Williams died after being sold the DTO’s product, CARTAGENA and his co-conspirators continued to sell fentanyl-laced heroin in broad daylight amidst residential apartment buildings in Brooklyn and Manhattan. CARTAGENA fled to Puerto Rico after Williams’ death, where he was ultimately arrested in February 2022.
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In addition to his prison term, CARTAGENA, 40, of Aibonito, Puerto Rico, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding work of the New York City Police Department and the New York/New Jersey High Intensity Drug Trafficking Area Intelligence Analysts. Mr. Williams also thanked the Organized Crime Drug Enforcement Task Force New York Strike Force, the U.S. Marshals Service, the New York/New Jersey Regional Fugitive Task Force, and the New York Division of the Drug Enforcement Administration for their assistance in this case.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Micah Fergenson and David Robles are in charge of the prosecution.
Covington Man Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – MARC QUIROZ (“QUIROZ”),a resident of Covington, Louisiana, pled guilty in federal court on August 17, 2023 before Chief U.S. District Judge Nannette Jolivette Brown to one count of wire fraud in violation of Title 18, United States Code, Section 1343 in connection with a scheme to defraud the Department of Veterans Affairs, announced U.S. Attorney Duane A. Evans.
QUIROZ’s co-conspirators, James Thomas Sinyard, Jr., a/k/a Jay Sinyard, and Mary Gigi Sinyard, a/k/a Gigi Sinyard, were charged by bill of information on February 14, 2023. On May 18, 2023, Jay and Gigi Sinyard pled guilty to one count of wire fraud. (EDLA Case No. 23-30 “G”). Co-conspirator John Sutton was charged by bill of information on June 13, 2023. On August 17, 2023, Sutton pled guilty to one count of wire fraud. (EDLA Case No. 23-122 “M”).
According to the bill of information, QUIROZ submitted fraudulent affidavits for home aid services provided when he knew that those services were not actually provided. As part of the scheme to defraud, beginning in or around April 2013 and continuing until July 2018, QUIROZ did knowingly devise and intend to devise a scheme and artifice to defraud the United States Department of Veterans Affairs (Veterans Affairs) and to obtain money and property by submitting false affidavits and applications to Veterans Affairs on behalf of veterans and their spouses, claiming that VetAttend had provided home services to the veterans, when in fact, it had not. During the scheme to defraud, Veterans Affairs issued funds to over 300 veterans and/or their surviving spouses from which QUIROZ fraudulently appropriated, without the knowledge of the veterans, totaling approximately $4,065,969.18.
QUIROZ faces a possible maximum term of imprisonment of twenty years, up to a $250,000 fine, up to three (3) years of supervised release, and a mandatory $100 special assessment fee. The Court set sentencing of MARC QUIROZ for November 30, 2023
The U.S. Attorney’s Office praised the work of the Department of Veterans Affairs – Office of Inspector General. The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh, of the Financial Crimes Unit.
Court Finds that Texas Law Requiring the Rejection of Mail Ballots and Applications Violates the Civil Rights ActRead the Press Release
The U.S. District Court for the Western District of Texas ruled yesterday that portions of Texas Senate Bill 1, adopted in September 2021, violate the Civil Rights Act of 1964. The court found that parts of S.B. 1 require officials to reject mail-in ballot applications and mail-in ballots based on errors or omissions that are not material in determining whether voters are qualified under Texas law to vote or cast a mail ballot.
“The District Court’s decision affirms what the Justice Department has argued for nearly two years: these provisions of Texas Senate Bill 1 unlawfully restrict the ability of eligible Texas voters to vote by mail and to have that vote counted,” said Attorney General Merrick B. Garland. “The Justice Department will continue to defend against unlawful efforts that undermine the right to vote and restrict participation in our democracy.”
“In requiring rejection of mail ballots and mail ballot applications from eligible voters based on minor paperwork errors or omissions, Texas Senate Bill 1 violates the Civil Rights Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy. The Justice Department will continue to use every available tool to protect all Americans’ right to vote and to ensure that their voices are heard.”
“The right to vote is one of the fundamental rights in our democracy,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This important ruling protects the rights of eligible Texas voters to cast a vote and have it counted consistent with federal law.”
The court issued a preliminary ruling yesterday in favor of the United States’ motion for summary judgment, which asserts that two provisions of S.B. 1 violate Section 101 of the Civil Rights Act by requiring rejection of mail ballots and mail ballot request forms because of paperwork errors that are not material to establishing a voter’s eligibility to cast a ballot. The first provision requires that early voting clerks “shall reject” mail ballot applications that do not include a Texas driver’s license or ID number that identifies “the same voter identified on the applicant’s application for voter registration.” The second provision provides that a mail ballot “may be accepted only if” the ID numbers on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
Section 5.07 requires that early voting clerks “shall reject” mail ballot applications that do not include a Department of Public Safety (DPS) number or the last four digits of a Social Security Number (SSN) that identifies “the same voter identified on the applicant’s application for voter registration.” Section 5.13 provides that a mail ballot “may be accepted only if” the DPS number or last four digits of an SSN on the carrier envelope or signature sheet identifies “the same voter identified on the applicant’s application for voter registration.”
The United States presented evidence to the court that S.B. 1 has resulted in Texas election officials rejecting tens of thousands of mail ballot applications and mail ballots cast in elections since the bill was enacted in 2021. The Department asserts that these rejections violate federal law, denying Texas voters the statutory right to vote protected by Section 101.
Yesterday’s preliminary ruling from the court grants the Justice Department’s motion for summary judgment, which the Department filed in May 2023, in its entirety. The decision addresses the Justice Department’s sole pending claim in La Unión del Pueblo Entero v. Abbott, No. 5:21-cv-844 (WDTX), a case in which the United States and several private parties are challenging various aspects of S.B. 1. The court noted that the ruling will be followed in the coming weeks by a final written opinion and order. A group of private plaintiffs will be going to trial on the remaining claims in the case, which have not yet been resolved. That trial is scheduled to begin on Sept. 11.
Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at www.civilrights.justice.gov or by calling (800) 253-3931.
Additional information about the Civil Rights Division’s work to uphold and protect the voting rights of all Americans is available on the Justice Department’s website at www.justice.gov/crt/voting-section.
Cherokee County Resident Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Justin Dale Killer, age 40, of Stilwell, Oklahoma, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine and one count of Felon in Possession of a Firearm.
The Indictment alleged that on February 6, 2023, Killer possessed a quantity of methamphetamine with the intent to distribute it, and possessed a firearm despite knowing that he was a convicted felon, having been convicted of a crime that has a term of punishment exceeding one year imprisonment.
The charges arose from an investigation by the Federal Bureau of Investigation and the Stillwell Police Department.
The Honorable D. Edward Snow, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea in Muskogee, Oklahoma, and ordered the completion of a presentence investigation report. Killer was remanded to the custody of the U.S. Marshal pending sentencing.
Assistant United States Attorney Ryan Bondura represented the United States.
Cell Tower Arsonist Pleads Guilty to Eight Counts in San AntonioRead the Press Release
SAN ANTONIO – A San Antonio man pleaded guilty in federal court in San Antonio on Thursday to eight charges in two indictments related to arson and felon in possession of a firearm.
According to court documents, Sean Aaron Smith, 29, maliciously attempted to damage and destroy, by means of fire, multiple cellular telephone towers around San Antonio between April 2021 and May 2022.
Smith was arrested in a traffic stop on May 13, 2022. During the traffic stop, law enforcement officers located a handgun on the floorboard in front of the driver’s seat. Executing a search warrant for Smith’s apartment on May 15, 2022, investigators found additional firearms. Smith knowingly possessed the firearms after being previously convicted of two felony crimes where he served more than a year imprisonment on each.
Smith pleaded guilty to six counts of arson of cellphone towers and two counts of felon in possession of a firearm. He faces a penalty of five to 20 years in prison for each charge related to arson, and up to 10 years in prison for each firearm possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Oliver E. Rich Jr. for the FBI San Antonio Division made the announcement.
The San Antonio Fire Department Arson squad, FBI, San Antonio Police Department, Texas Department of Public Safety, and Texas Rangers are investigating the case.
Assistant U.S. Attorney Mark Roomberg is prosecuting the case.
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Castro Valley Resident Sentenced to 2½ Years in Prison in Connection with Prolific Pandemic Relief Fraud SchemeRead the Press Release
SAN FRANCISCO– Idowu Hashim Shittu was sentenced to 30 months in prison for fraudulently obtaining pandemic-related unemployment benefits from numerous state agencies, announced United States Attorney Ismail Ramsey; United States Department of Labor, Office of Inspector General (“DOL-OIG”) Special Agent in Charge Quentin Heiden; and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp. The sentence was handed down by the Hon. Haywood S. Gilliam, Jr., United States District Judge.
Shittu, 48, of Castro Valley, pleaded guilty to the charges on March 1, 2023. According to his plea agreement, from at least April through July of 2020, Shittu engaged in a scheme to obtain reloadable debit cards issued in the names of other people and to use the cards to make expenditures for his personal use. The cards, referred to in the plea agreement as “Green Dot Cards,” contained unemployment benefits distributed by various state agencies. Shittu did not know the persons to whom the unemployment insurance benefits were issued, nor did Shittu obtain the consent of the persons before he used the cards issued in their names.
“In the wake of a global pandemic, our federal government passed laws to ease the suffering of those who were in financial distress. Shittu sought to take advantage of the situation by stealing unemployment benefits made available to those in need. We are proud to be working with our partners at the FBI and the Department of Labor to bring such bad actors to justice.”
“Idowu Hashim Shittu engaged in a scheme to fraudulently obtain over $1,600,000 in unemployment insurance (UI) benefits in the names of identity theft victims. He stole benefits intended to assist those who became unemployed due to the COVID-19 pandemic,” said Quentin Heiden, Special Agent-in-Charge, Western Region, U.S. Department of Labor, Office of Inspector General. “This sentencing demonstrates that those who defraud the UI program will be held accountable. We will continue to work with our law enforcement partners to investigate those who exploit these benefit programs.”
“Shittu stole more than $2.2 million in unemployment benefits by using the identities of innocent victims. His scheme deprived those truly in need during the pandemic crisis, and he will now face the consequences of his actions," said FBI Special Agent in Charge Tripp. "The FBI is committed to identifying and investigating those who steal government benefits designed to help our citizens in need."
The unemployment benefits at issue were made available as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In passing the CARES Act, the federal government authorized the payment of hundreds of billions of dollars in unemployment benefits to those affected by the COVID-19 pandemic. In most cases, state authorities were responsible for distributing those unemployment benefits to their residents. Shittu admitted that he obtained Green Dot Cards issued to other people, that the cards were obtained by fraud, and that the persons whose unemployment insurance benefits were loaded onto the cards never consented to have Shittu use the cards. Shittu also admitted that his participation in the scheme resulted in a loss of between $1.5 million and $3.5 million.
The plea agreement describes how Shittu used the Green Dot Cards issued to three different persons—all residents of the State of Washington. The first victim is identified in the plea agreement only by the initials, “S.O.” Shittu admitted that S.O. never submitted a claim for unemployment benefits and that S.O.’s card was obtained through fraud. Further, Shittu acknowledged that he completed multiple transactions with the card—including one transaction for $950 and two transactions, each for $1,000, at a Walmart store in San Jose, Calif.—with the intent to defraud. Similarly, Shittu acknowledged using a card issued in the name of a second victim to make multiple cash withdrawals at Walmart stores in Hayward, Castro Valley, and San Leandro. In addition, in the Spring of 2020, Shittu used the card of a third victim to withdraw cash and to pay for service to his BMW 5-series automobile.
On July 29, 2020, law enforcement officers searched Shittu’s residence and found over $500,000 in cash split between a plastic container in a garage and a backpack under a bathroom sick. Officers also found over 400 Green Dot Cards issued to other individuals. The Green Dot Cards were loaded with over $1.6 million in unemployment benefits from various state agencies.
On May 18, 2022, Shittu was charged by felony information with three counts of effecting transactions with access devices issued to other persons, in violation of 18 U.S.C. § 1029(a)(5). Shittu pleaded guilty to all three counts.
In addition to the prison term, Judge Gilliam also ordered Shittu to serve a three-year term of supervised release after being released from prison and pay restitution in the amount of $1,615,614 split among state employment agencies in Illinois, Nevada, New York, and Ohio. Judge Gilliam ordered Shittu to self-surrender on or before October 11, 2023, to begin serving his prison term.
Special Assistant U.S. Attorney Christopher J. Carlberg is prosecuting the case with the assistance of Mark DiCenzo. The prosecution is the result of an investigation by the United States Department of Labor, Office of Inspector General (“DOL-OIG”), Office of Investigations, Labor Racketeering and Fraud and the FBI.
Cape Coral Caretakers Sentenced to Federal Prison for Stealing More Than Half A Million Dollars from Elderly VictimRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Diane Durbon (58, Cape Coral) to 10 years in federal prison for conspiracy to commit wire fraud. Durbon’s daughter and co-defendant, Brittany Lukasik, was sentenced to 2 years’ imprisonment for conspiracy to commit wire fraud and filing a false tax return. The court also ordered Durbon and Lukasik to forfeit their Cape Coral residence, two vehicles, and approximately $542,760.23, which are traceable to proceeds of the offense. Durbon and Lukasik had pleaded guilty on March 7, 2023.
According to court documents, in 2016, Durbon and Lukasik, a registered nurse, were hired as caretakers for T.H., the 92-year-old victim. In October 2017, Durbon began unlawfully accessing T.H.’s investment accounts. To unlawfully gain access to the investment accounts, Durbon placed T.H. on the phone to answer various account security questions. Video surveillance cameras that Durbon had installed inside T.H.’s home captured Durbon putting a script that contained answers to these security questions in front of T.H. before and during each phone call.
After being given authorization to speak to an account representative on T.H.’s behalf, Durbon then moved funds from T.H.’s investment accounts into a Prime Money Market Account (PMMA) that also functioned as a checking account. After transferring the funds, checks were unlawfully issued to Lukasik, ranging in amounts from $1,000 to $9,600, which were deposited into bank accounts that Lukasik controlled and maintained. Between November 2017 and July 2019, approximately $231,659 in checks were issued to Lukasik from T.H.’s PMMA account.
Also, beginning in approximately November 2018, Durbon unlawfully gained access to T.H.’s annuity policy, similarly to how she had unlawfully gained access to T.H.’s investment accounts. In January 2019, Durbon faxed a fraudulent Annuity Withdrawal form which misrepresented that T.H. wanted to cash out T.H.’s annuity policy. This caused the annuity to issue a check to T.H. in the amount of $244,521.09. The check was deposited into one of T.H.’s checking accounts. After the check was deposited, approximately 92 checks, totaling $372,092.98, were issued to Lukasik from T.H.’s checking account between February 2019 and March 2020. The checks were deposited into bank accounts that Lukasik controlled and maintained. Moreover, Lukasik failed to report receipt of any of T.H.’s monies in her 2019 tax return.
In total, between January 2019 and March 2020, approximately $542,700 in fraudulently obtained funds were deposited into Lukasik’s accounts. After the funds were deposited, Lukasik and Durbon used the funds to pay off debt and make a variety of purchases including paying $26,354.05 for a vehicle, $17,735.17 to pay off a car loan, more than $29,000 to pay student loan debt, and more than $100,000 in credit card payments. Lukasik and Durbon also used the funds to purchase a duplex in Cape Coral, and more than $100,000 of the fraudulently obtained proceeds were used to buy electronics, furniture, and to remodel the duplex.
This case was investigated by the United States Secret Service, the Lee County Sherriff’s Office, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Trent Reichling.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Justice Department hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish, and other languages are available. More information about the department’s efforts to help American seniors is available at its Elder Justice Initiative webpage.
Bellevue Man Convicted of Conspiring to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Susan Lehr announced that Steven Garcia, 27, of Bellevue, Nebraska, was sentenced on August 17, 2023, in federal court in Omaha for conspiring to distribute and possess with intent to distribute five grams or more of actual methamphetamine. United States District Court Judge Brian C. Buescher sentenced Garcia to 35 months’ imprisonment. He also ordered him to serve three years of supervised release after his release from prison. There is no parole in the federal system.
Between January 2020 and continuing through August 13, 2020, Garcia conspired with Fabiola Diaz to distribute methamphetamine in the Omaha area. In particular, on January 14, 2020, law enforcement executed a search warrant of the residence that Garcia shared with Diaz and seized 22.6 grams of actual methamphetamine that Garcia and Diaz intended to distribute.
On July 26, 2023, Fabiola Diaz was sentenced to 100 months’ imprisonment to be followed by three years of supervised release.
This case was investigated by the Drug Enforcement Administration.
Baltimore Man Facing Federal Indictment for Sexual Exploitation of a Minor to Produce Child Pornography and for Possession of Child PornographyRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Christopher Kenji Bendann, age 39 of Baltimore, with five counts of sexual exploitation of a minor and with possession of child pornography. The indictment was returned on August 16, 2023, and unsealed today upon Bendann’s arrest.
The defendant had his initial appearance today in U.S. District Court in Baltimore. U.S. Magistrate Judge Brendan Hurson ordered that Bendann be detained pending a detention hearing scheduled for Monday, August 21, 2023, at 10:00 a.m. The detention hearing will be held in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron: Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Chief Robert McCullough of the Baltimore County Police Department; and Baltimore County State’s Attorney Scott Shellenberger.
According to the six-count indictment, between September 16, 2017, and February 9, 2019, the defendant persuaded, induced, enticed, and coerced a minor victim to engage in sexually explicit conduct so that a visual depiction of that conduct could be produced and transmitted. Further, the indictment alleges that Bendann possessed child sexual abuse material between September 1, 2017, and January 23, 2023.
If convicted, Bendann faces a mandatory minimum sentence of 15 years and a maximum sentence of 30 years in federal prison for each of the five counts of sexual exploitation of a minor and a maximum of 10 years in federal prison for possession of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the “Resources” tab on the left of the page.
United States Attorney Erek L. Barron commended the FBI, the Baltimore County Police Department and the Baltimore County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who is 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 www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Armed Career Criminal Sentenced to 15 Years for Possessing Firearms and AmmunitionRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Samuel Robert Bruner (47, North Fort Myers) to 15 years in federal prison for possessing firearms and ammunition as a convicted felon. The court also ordered Bruner to forfeit the firearms and ammunition, which are traceable to proceeds of the offense. Bruner had pleaded guilty on May 30, 2023.
According to court documents, on December 1, 2021, deputies from the Lee County Sheriff’s Office found Bruner in possession of two revolvers, a shotgun, and assorted ammunition in a vehicle he was operating. At the time, Bruner had prior felony convictions and was therefore prohibited from possessing firearms or ammunition under federal law. Bruner has at least three prior felony convictions that qualify under federal law as either a “violent felony” or a “serious drug offense” subjecting him to enhanced punishment as an Armed Career Criminal.
This case was investigated by the Lee County Sheriff’s Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Mark R. Morgan.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make out neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in first place, setting focused and strategic enforcement priorities, and measuring the results.