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Friday 16 June 2023
Three New Hampshire Men Charged with Conspiring to Harass and Intimidate Two JournalistsRead the Press Release
BOSTON – Three New Hampshire men have been charged in connection with a conspiracy to harass and intimidate two New Hampshire journalists employed by New Hampshire Public Radio (NHPR). The alleged harassment and intimidation of the victims included the vandalism – on five separate occasions – of the victims’ homes, as well as the vandalism of the home of one of the victim’s immediate family members with bricks, large rocks and red spray paint.
Tucker Cockerline, 32, of Salem, N.H., Michael Waselchuck, 35, of Seabrook, N.H. and Keenan Saniatan, 36, of Nashua, N.H. were each charged by criminal complaint with conspiring to commit stalking through interstate travel. Cockerline and Waselchuck were arrested this morning and, following an initial appearance in federal court in Boston this afternoon, were detained pending a hearing scheduled for June 20, 2023 at 2 p.m. Saniatan remains at large.
“The critical role that the press plays in our society goes back to the founding of our nation. Today’s charges should send a clear message that the Department of Justice will not tolerate harassment or intimidation of journalists. If you engage in this type of vicious and vindictive behavior you will be held accountable,” said Acting United States Attorney Joshua S. Levy.
“Freedom of the press is a cornerstone of any healthy democracy and these three men are now accused of infringing on that freedom by conspiring to harass and intimidate two New Hampshire journalists who were simply doing their jobs,” said Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Everyone has a right to express their opinion, but taking it over the line and committing vandalism will not be tolerated."
According to the charging document, after a year-long investigation, an NHPR journalist (Victim 1) published an article in March 2022 detailing allegations of sexual and other misconduct by a former New Hampshire businessperson, identified in the charging document as Subject 1. Another NHPR journalist (Victim 2) also contributed to the article, which appeared on NHPR’s website during and after March 2022. Thereafter, it is alleged that Cockerline, Waselchuck and Saniatan conspired with each other and with at least one other individual – allegedly identified as a close personal associate of Subject 1 — to retaliate against NHPR and Victims 1 and 2 by vandalizing the victims’ homes with bricks and large rocks, as well as spray-painting lewd and threatening language on the homes’ exteriors. It is alleged that the following acts of vandalisms occurred in April and May 2022:
- At approximately 11:00 p.m. on April 24, 2022, a brick was thrown through a front exterior window of Victim’s 1’s former residence in Hanover, N.H. The word “C*NT” was spray-painted in large red letters on the front door;
- On the evening of April 24, 2022 or during the early morning hours of April 25, 2022, the word “C*NT” was spray-painted in large red letters on the front door of Victim 2’s home in Concord, N.H. The exterior of the home was also damaged by a large rock, which appeared to have been thrown at the house;
- Shortly before midnight on April 24, 2022 or during the early morning hours of April 25, 2022, a softball-sized rock was thrown through a front exterior window of Victim 1’s parents’ home in Hampstead, N.H. The word “C*NT” was spray-painted in large red letters on one of the garage doors;
- At approximately 12:54 a.m. on May 21, 2022, Victim 1’s parents’ home in Hampstead was vandalized a second time. The word “C*NT” was spray-painted in large red letters on one of the garage doors. Although no windows were broken, a brick was discovered on the ground near the house’s foundation as if it had been thrown at the house; and
- At approximately 5:54 a.m. on May 21, 2022, a brick was thrown through an exterior window of Victim 1’s house in Melrose, Mass. The phrase “JUST THE BEGINNING” was spray-painted in large red letters on the front of the home.
The charging documents allege that Cockerline, Saniatan and Waselchuck are responsible for committing all five of these vandalisms.
The charge of conspiracy to commit interstate stalking carries a sentence of up to five years in prison, three years of supervised release, a fine of up to $250,000 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting U.S. Attorney Levy and FBI Acting SAC DiMenna made the announcement today. Valuable assistance was provided by the Concord, Hampstead and Hanover, New Hampshire Police Departments and the Melrose, Massachusetts Police Department. The U.S. Attorney’s Office for the District of New Hampshire provided valuable assistance. Assistant U.S. Attorneys Jason A. Casey and Torey B. Cummings of Levy’s Criminal Division are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Three Mt. Carmel Borough Police Officers Indicted for Civil Rights ViolationsRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that former Lt. David Donkochik, age 51, former Patrol Officer Jonathan McHugh, age 35, and Patrol Officer Kyle Schauer, age 34, of the Mt. Carmel Borough Police Department, were indicted yesterday by a federal grand jury for charges of using excessive force when arresting people over a three-year period.
According to United States Attorney Gerard M. Karam, the indictment alleges that former Lt. Donkochik, former Patrol Officer McHugh, and Patrol Officer Schauer were involved in a conspiracy to violate the civil rights of those they arrested from 2018 to 2021. The indictment alleges that in 22 different arrests, they kicked, punched, choked, and otherwise used excessive force against those they were arresting. In those arrests, they caused bodily injuries to their victims.
Donkochik, McHugh and Schauer took steps to ensure that video of the arrests were not captured by police cameras, or if footage that incriminated them was captured, took steps to ensure that footage was not preserved. They falsely reported that arrestees acted in a manner requiring violence and then charged arrestees with aggravated assault, resisting arrest, and related offenses to conceal their own use of violence. Donkochick, McHugh and Schauer would then threaten arrestees with more violence.
“The defendants violated the civil rights of numerous individuals in their community over an extended period and in the course of doing so, betrayed the significant public trust placed in them,” said U.S. Attorney Karam. “This week’s indictment reflects our office’s commitment to ensuring that those who abuse their official positions are held accountable.”
“We in law enforcement are granted significant authority in order to effectively do our jobs,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “When someone wearing a badge abuses those powers and deprives another human being of their civil rights, the FBI and our partners will ensure that justice is brought to those who egregiously violate the public's trust.”
“The indictment announced today is a culmination of outstanding joint investigative efforts and actions by members of the Federal Bureau of Investigation and Pennsylvania State Police, Bureau of Criminal Investigation, Public Corruption Task Force,” said Captain James Cuttitta, Special Investigations Division of the Pennsylvania State Police, Bureau of Criminal Investigation. “I commend Trooper Emily Dressler and those State Police members who assisted her for their hard work during this lengthy investigation. Anytime law enforcement investigates their own, it is challenging and difficult. The charges outlined in the indictment are disturbing, and the residents of Northumberland County should be pleased these Officers will be held accountable. Mount Carmel is a town with proud traditions, and residents should be able to trust that their Police Officers will uphold the oaths they swore to at all times. The Pennsylvania State Police members assigned to the public corruption task forces will remain committed to fully investigating these types of investigations statewide. We want to thank the witnesses, residents, multiple law enforcement departments and officers, and numerous county service agencies who cooperated during this difficult investigation. The indictment announced today would not be possible without your assistance. We also thank the FBI and the United States Attorney’s Office for their continued outstanding partnership with the Pennsylvania State Police.”
The case was investigated by the Federal Bureau of Investigation (FBI) and the Pennsylvania State Police. Assistant U.S. Attorneys Carlo Marchioli and Michael Consiglio are prosecuting the case.
The maximum penalty under federal law for this offense is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Terrebonne Parish Man Pleads Guilty to Conspiracy to Distribute CocaineRead the Press Release
NEW ORLEANS, LOUISIANA – DIOGO HERNANDEZ, age 19, a resident of Bourg, Louisiana, pled guilty on June 15, 2023, before Chief U.S. District Judge Nannette Jolivette Brown to conspiracy to distribute and possess with intent to distribute a quantity of cocaine, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C) and 846, announced U.S. Attorney Duane A. Evans.
According to court documents, HERNANDEZ was arrested on July 27, 2022, when he conspired with his co-defendant, Anthony Monreal-Fabela, to take possession of twenty kilograms of cocaine that had been smuggled into the Port of New Orleans via a container ship. Monreal-Fabela and HERNANDEZ were to deliver the cocaine to a destination upon receiving further instructions.
HERNANDEZ faces up to 20 years imprisonment, a fine of up to $1,000,000, at least three years of supervised release following any term of imprisonment and a $100 mandatory special assessment fee.
This case was investigated by the United States Homeland Security Investigations, Jefferson Parish Sheriff’s Office, and United States Customs and Border Protection. The prosecution is being handled by Assistant United States Attorney J. Benjamin Myers of the Narcotics Unit.
Suburban Chicago Doctor Sentenced to Federal Prison and Fined $1 Million for Health Care FraudRead the Press Release
CHICAGO — A suburban Chicago doctor has been sentenced to a federal prison term and fined $1 million for submitting fraudulent claims to Medicare and a private insurer.
JOHN A. GREAGER II, 75, of Hinsdale, Ill., pleaded guilty earlier this year to a health care fraud charge. U.S. District Judge Robert W. Gettleman imposed the fine and a 6-month prison sentence after a hearing Tuesday in federal court in Chicago.
Greager owned and operated Cancer Therapy Associates S.C., in Lombard, Ill. From 2015 to 2021, Greager caused fraudulent claims to be submitted to Medicare and Blue Cross Blue Shield of Illinois falsely stating that mole-removal procedures had been provided to patients on multiple dates. In actuality, Greager knew that those services were not provided as billed. Greager had removed multiple moles on a single date, but the procedures were billed as though they were removed on separate dates to maximize reimbursement from Medicare and BCBS. Greager admitted that he knew insurers paid more for moles removed on separate dates than multiple moles on a single date. Medicare and Blue Cross Blue Shield ultimately paid Greager approximately $1.7 million as a result of his scheme.
To conceal his fraudulent conduct, Greager stored moles onsite at his office and delayed sending them for pathology testing. As a result, the pathology reports made it appear as though Greager had removed the moles on separate dates. Greager’s conduct delayed critical testing on moles that he removed for serious illnesses, including cancer. Greager also created fake patient charts, including pre-operative and post-operative notes that indicated he performed mole-removal procedures on dates when he was not in Illinois. Medicare conducted an audit of Greager’s patient charts, prompting Greager to instruct his staff to create false records to hide the fact that he committed health care fraud.
The sentence was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Mario Pinto, Special Agent-in-Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Irene Lindow, Special Agent-in-Charge of the U.S. Department of Labor’s Office of Inspector General in Chicago; and Amy K. Parker, Special Agent-in-Charge of the U.S. Office of Personnel Management Office of the Inspector General. The government was represented by Assistant U.S. Attorneys Jared Hasten and Virginia Hancock.
Sacramento Area Group Charged for Shipping Fentanyl Pills Across the United StatesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 17-count indictment Thursday against Sacramento residents Marcus Miller, 33; Reginald Jones, 33; Felicia Shaw, 31; Jimmy Van II, 38; and Jazzmine Campbell, 30; charging them with conspiracy to distribute and possess with intent to distribute fentanyl and methamphetamine, in addition to other drug and gun charges, U.S. Attorney Phillip A. Talbert announced.
According to court documents, the conspirators shipped hundreds of thousands of fentanyl pills around the country for more than a year. On several occasions, law enforcement seized packages shipped by Miller, Jones, and their co-conspirators, and found fentanyl pills, often hidden inside children’s toys. In total, law enforcement seized approximately 450,000 fentanyl pills connected to the conspiracy through seized shipments and search warrants. Based on additional evidence, law enforcement estimates that members of the conspiracy have shipped more than one million fentanyl pills to customers in several different states.
During searches connected to the conspiracy, agents found hundreds of thousands of fentanyl pills, over $80,000 in cash, and 17 firearms. Some of the pills and firearms were hidden inside secret compartments in the vehicles of Miller and Jones.
This case was the result of a joint investigation between the U.S. Postal Inspection Service; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Drug Enforcement Administration with assistance from the Sacramento Police Department, the Folsom Police Department, the U.S. Marshals Service, and the Citrus Heights Police Department. Assistant U.S. Attorneys Alexis Klein and Ross Pearson are prosecuting the case.
If convicted, all defendants face a mandatory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Rotterdam Man Sentenced for Marijuana and Gun OffensesRead the Press Release
ALBANY, NEW YORK – Tyquan Armstrong, aka “Moose,” age 44, of Rotterdam, New York, was sentenced today to 90 months in prison for conspiring to distribute and possessing with intent to distribute marijuana and possessing firearms in furtherance of a drug trafficking crime.
United States Attorney Carla B. Freedman; John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Frank A. Tarentino III, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; Chief Daniel DeWolf of the Troy Police Department; and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.
In pleading guilty, Armstrong admitted to being a member of a marijuana-trafficking organization that shipped large quantities of marijuana from Fresno, California, to locations throughout the United States, including the Capital Region of New York. The marijuana was shipped from Fresno through UPS and FedEx and, to track the packages, Armstrong’s coconspirator text messaged him shipping receipts with tracking information. Armstrong admitted to receiving at least 19 packages of marijuana from Fresno at his apartment in Rotterdam between July 2021 and June 2022, which he sold in and around Schenectady, New York. The defendant also admitted that his participation in the conspiracy involved at least 50 kilograms, or 110 pounds, of marijuana.
On June 15, 2022, law enforcement executed a search warrant at Armstrong’s apartment in Rotterdam and discovered seven (7) vacuum-sealed packages of marijuana weighing 10 pounds, which Armstrong planned to sell. The apartment contained two money counters and $18,723 in cash, which was earned by the defendant selling marijuana. Law enforcement also seized a loaded .357 revolver, a loaded .22 caliber “ghost gun,” and 125 rounds of .357 ammunition. Armstrong possessed the revolver and “ghost gun” to protect his marijuana and marijuana proceeds.
Armstrong’s apartment also contained a gold Rolex watch, gold chain with a diamond-encrusted cross pendant, and two gold rings encrusted with diamonds, all of which were purchased with marijuana proceeds.
Senior United States District Judge Frederick J. Scullin, Jr. also imposed a 6-year term of supervised release and ordered forfeiture of the $18,723 in cash, jewelry, firearms, and ammunition.
The ATF, DEA, Troy Police Department and HSI investigated the case. Assistant U.S. Attorneys Cyrus P.W. Rieck and Dustin C. Segovia prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Rome jury finds Dr. Charles Adams and full circle medical center liable for False Claims Act violationsRead the Press Release
ROME, Ga. – A federal jury found alternative medicine physician Charles C. Adams, M.D. and his practice group, Charles C. Adams, M.D., P.C. d/b/a Full Circle Medical Center (“Full Circle”), liable for violating the False Claims Act (“FCA”) by submitting false diagnoses to Medicare for chelation therapy reimbursements. Chelation therapy involves the use of drugs to remove heavy metals from the body.
“Healthcare providers who submit false claims to Medicare deplete the funds available to patients in critical need of covered medical procedures,” said U.S. Attorney Ryan K. Buchanan. “On behalf of those healthcare providers who faithfully bill for medical procedures, and for their patients who rely on the safety net of Medicare, our office will continue to work vigorously with our federal agencies and law enforcement partners to pursue providers who engage in misconduct.”
“When providers submit false claims to Medicare, they take valuable, taxpayer-funded resources away from patients,” said Tamala E. Miles, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG is proud to work with our partners to hold accountable those who attempt to illegitimately profit off of federal health care programs.”
“Federal Medicare funds are much needed but limited. When those funds are diverted by fraudulent means, people suffer,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI will continue to work with our law enforcement partners to ensure these programs are not abused.”
According to U.S. Attorney Buchanan, the civil complaint, and other information presented in court: Adams and Full Circle operated a medical practice in Ringgold, Georgia. As a part of his internal medicine specialty, Adams used edetate calcium disodium (“EDTA”) to address a wide range of conditions, including atherosclerosis, high blood pressure, headaches, GI ailments, fatigue, and other generalized symptoms. But because EDTA is a procedure only recognized by the Federal Drug Administration to treat lead poisoning and lead encephalopathy, Medicare did not cover the use of EDTA for these non-indicated symptoms. As a result, to receive payment for the procedures Dr. Adams falsely claimed to Medicare that his patients suffered from heavy metal poisoning.
In response, on August 27, 2018, the Government filed a civil complaint alleging that between November 2008 and September 2015, Adams and Full Circle engaged in a scheme involving the knowing submission of false claims to Medicare for medically unnecessary and “alternative” chelation therapy that Adams administered using EDTA. The complaint also alleged that in connection with this scheme, Adams and Full Circle unlawfully received approximately $1.1 million in Medicare reimbursements.
Charles C. Adams’s case proceeded to a jury trial in Rome, Georgia, on June 5, 2023, before presiding U.S. District Judge William M. Ray, II. On June 14, 2023, the jury found Adams and Full Circle liable for submitting more than 4,400 false claims to Medicare. The jury awarded more than $1.1 million in damages. These damages will be trebled under the FCA, which also requires a civil penalty to be imposed for each claim before the final verdict is entered. The exact amount of the judgment will not be known until the Court decides post-trial motions.
The FCA is the primary authority used by the Civil Division of the U.S. Attorney’s Office to redress fraud, waste, and abuse within federal programs, including Medicare.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation.
The case is being litigated by Assistant U.S. Attorneys Anthony DeCinque and Akash Desai.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Raleigh ENT Doctor Sentenced to 25 Years in Prison for Adulterating Surgical Devices, for Defrauding Medicare, and for Stealing Patient IdentitiesRead the Press Release
RALEIGH, N.C. – Anita Louise Jackson, 62, was sentenced to 300 months in prison for adulterating surgical devices used in more than 1400 nasal surgeries performed on Medicare patients between 2011 and 2018. Jackson was also ordered to serve 3 years of supervised release and ordered to forfeit 4.7 million dollars. In January of this year, Jackson was found guilty by a federal jury on 20 criminal counts, including device adulteration, fraud, conspiracy and identity theft.
“This doctor put profit over patients by reusing single-use surgical devices hundreds of times, even though those devices came into contact with blood and other bodily fluids. In doing so, she risked the contamination of one patient’s sinuses with the bodily fluids of other patients,” said U.S. Attorney Michael Easley. “Medicare auditors also found that Jackson was the top-biller for balloon sinuplasty surgeries in the country, having billed the program over $46 million. When auditors began to audit the defendant’s practice, she and her staff falsified medical records and forged patient signatures in an attempt to justify billing the surgeries.”
Evidence presented at the trial demonstrated that Jackson was an Ear, Nose and Throat doctor who operated Greater Carolina Ear, Nose, and Throat (GCENT), with offices in Raleigh, Lumberton and Rockingham. Jackson, through her employees, marketed balloon sinuplasty, an in-office procedure to treat chronic sinusitis, as a “sinus spa,” and encouraged patients to come to the office for a “free” sinus spa, which was a treatment that they may not have needed. Jackson falsified medical records to justify the billing of balloon sinuplasty surgeries to Medicare auditors.
“This case is a reminder that health care fraud is not a victimless crime. Jackson stole millions of dollars that are essential to the Medicare program and willfully endangered her patients’ health,” said Special Agent in Charge Tamala E. Miles of the U.S. Department of Health and Human Services Office of Inspector General. “Our agency, working with our law enforcement partners, will continue to ensure that those who defraud our federal health care programs and needlessly risk harm to patients are held accountable.”
Between 2011 and the end of 2017, Jackson performed 1555 balloon sinuplasty surgeries on 919 Medicare beneficiary patients, using the Food and Drug Administration (FDA)-approved Entellus XprESS device. However, instead of using the device only once and only on one patient, as required by FDA guidelines, Jackson reused the devices on multiple patients. Between 2012 and 2017, Jackson obtained, at most, 36 new Entellus devices, despite being, at times, the top-paid Medicare provider of balloon sinuplasty services in the country and providing more than 1500 surgeries. In addition, Jackson failed to inform her patients that they were receiving a procedure with an adulterated device. During the trial, Jackson admitted that she had sufficient money to buy every patient a new device but chose not to do so.
“U.S. consumers rely on FDA oversight to ensure that medical devices are safe and effective. When healthcare providers disregard safety information, including single-use and single-user designations, resulting in the adulteration of medical devices, they put patients’ health at risk,” said Acting Special Agent in Charge Patrick Whelan, FDA Office of Criminal Investigations, Miami Field Office. “We will continue to investigate and bring to justice providers who jeopardize the public health.”
Jackson billed Medicare more than $46 million dollars for the balloon sinuplasty procedures between 2014 and 2018. In that time, she netted more than $4.79 million from Medicare for these surgeries. That amount does not include any sinuplasty surgeries performed on patients with private health care insurance. The jury ordered Jackson to forfeit these profits.
The final judgment on restitution in this case will not be entered until after 90 days. During this time period, patient victims will have an opportunity to present any specific claims of loss to the Court arising from the charges.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by United States Judge James C. Dever III. The United States Department of Health and Human Services Office of the Inspector General (HHS-OIG), the United States Food and Drug Administration Office of Criminal Investigations (FDA-OCI), and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service lead the investigation. Assistant U.S. Attorneys William M. Gilmore and Karen K. Haughton prosecuted the case.
The U.S. Attorney’s Office in the Middle District has a pending civil action against Jackson, in case captioned: United States of America and the State of North Carolina ex rel. Lee M. Mandel, MD, FACS, and Erin Craig v. Anita Louise Jackson, MD and Greater Carolina Ear, Nose & Throat, P.A., No. 17-cv-925 (MDNC).
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-cr-00259-D
.
Paragould Man Who Shot at Police Officers Sentenced to 10 Years in PrisonRead the Press Release
LITTLE ROCK—A Paragould man who admitted to shooting at police officers was sentenced to 120 months in federal prison today by United States District Judge Lee P. Rudofsky, the maximum sentenced allowed by law.
On February 7, 2021, Paragould police officers observed Taj Harris, 23, walking near the area of Walnut Street and Second Street in Paragould. Officers knew Harris had an active warrant for his arrest. As an officer attempted to take Harris into custody, Harris pulled out a firearm and began shooting at the officer, forcing the officer to dive to the ground to avoid being shot. A second Paragould officer saw Harris shoot at the first officer and saw that officer dive to the ground. Believing the first officer had been hit, the second officer fired multiple shots at Harris, who then returned fire at the second officer.
Officers then pursued Harris on foot, who fled the scene. A civilian trapped Harris between a house and a fence by threatening him with a golf club and flagged down officers to make the arrest. Officers then located a stolen firearm with a large capacity magazine next to Harris’s feet. Harris is a convicted felon. The next day, in a phone conversation with his mother from the Greene County Jail, Harris admitted to his mother that he shot at police officers, and that he intended on shooting them if they tried to put their hands on him.
On July 6, 2021, a federal grand jury indicted Harris for being a felon in possession of a firearm, a charge that carries a maximum of 120 months’ imprisonment. Harris pleaded guilty to the charge on November 15, 2022. In addition to the 10 years in prison Harris must serve, he was sentenced to three years of supervised release to follow. There is no parole in the federal system.
The case was investigated by the Paragould Police Department and the FBI. Assistant United States Attorney J. William Crow prosecuted the case for the United States.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Orlando Man Pleads Guilty to Possessing with the Intent to Distribute 400 Grams or More of Fentanyl and 500 Grams or More of CocaineRead the Press Release
Orlando, FL - United States Attorney Roger B. Handberg announces that Christian Yaveh Cruz-Santiago (25, Orlando) has pleaded guilty to possessing with the intent to distribute 400 grams or more of a mixture and substance containing fentanyl and 500 grams or more of a mixture and substance containing cocaine. Cruz-Santiago faces a minimum mandatory sentence of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for September 12, 2023.
According to court documents, on February 2, 2023, Cruz-Santiago agreed to sell approximately one kilogram of cocaine for approximately $20,500, and a half kilogram of fentanyl for $20,000 to a DEA confidential source. The following day, Cruz-Santiago arrived to meet the confidential source and had in his possession two vacuum-sealed plastic bags containing brick-like white substances. Additionally, he possessed a third plastic bag containing a white powder.
A chemist at a DEA laboratory confirmed that one of the brick-like packages contained fentanyl with a net weight of 400.5 grams and the substance in the second brick-like package was cocaine with a net weight of 1001.3 grams. A DEA chemist also confirmed that the third plastic bag was fentanyl with a net weight of 73.12 grams.
This case was investigated by the Drug Enforcement Administration and the Seminole County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
Orlando Area Man Sentenced to 20 Years for Gas Station RobberyRead the Press Release
Tampa, FL – U.S. District Judge William Jung has sentenced Deshawn Martin (26, Orlando) to 20 years in federal prison for Hobbs Act robbery. Martin had pleaded guilty in February 2023. As part of his plea agreement, Martin acknowledged his guilt in four additional Hobbs Act robberies of businesses located in the Orlando area.
According to court documents, on October 15, 2021, Martin and his co-defendant, Shinel Waldrop (27, Orlando), robbed a gas station in Plant City. Martin entered the store and pointed a weapon at two individuals, taking money from the cash register and from one of the victims. Martin then exited the store and fled in a vehicle driven by Waldrop.
Waldrop previously pleaded guilty for her role in this case. In March 2023, she was sentenced to 18 months in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Plant City Police Department. It was prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.
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.
Omaha Man Sentenced for a Drug Distribution OffenseRead the Press Release
COUNCIL BLUFFS, IA – An Omaha man was sentenced yesterday, June 15, 2023, for conspiracy to distribute a controlled substance. Jerome Wallace, III, 22, was sentenced to 180 months in prison following his plea of guilty to conspiracy to distribute a controlled substance. Wallace must serve a ten-year term of supervised release after the prison term. There is no parole in the federal system. Wallace was also ordered to pay restitution reimbursing funeral expenses.
According to court documents and evidence presented at sentencing, on March 2, 2021, the Council Bluffs Police and Fire Departments were dispatched to a home in Council Bluffs to provide medical treatment to an unresponsive male, who ultimately died from a fentanyl overdose. Wallace distributed pressed pills containing fentanyl to the victim. Officers linked Wallace to the fentanyl overdose death after reviewing phone and social media information, and conducting witness interviews. Wallace along with codefendants Karlee Rosenthal and Linsey Stisi distributed pressed pills containing fentanyl as part of the conspiracy from January to August of 2021 in Omaha, Nebraska and Council Bluffs.
In January 2023, Rosenthal, 21, was sentenced to time served and five years of supervised release, following her plea of guilty to her role in the conspiracy to distribute a controlled sentence. In March 2023, Stisi, 20, was sentenced to time served and four years of supervised release, following her plea of guilty to her role in the conspiracy to distribute a controlled sentence.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department, Omaha Police Department, Southwest Iowa Narcotics Enforcement Task Force, and the Federal Bureau of Investigation investigated the case.
Fentanyl has become the leading cause of drug overdose deaths in the United States. Counterfeit, fentanyl-laced pills often resemble pharmaceutical pills, but contain potentially lethal doses of fentanyl. Visit the Drug Enforcement Administration’s website to learn more about One Pill Can Kill.
Omaha Man Convicted of Escaping from CustodyRead the Press Release
United States Attorney Steven Russell announced that Dejuan Wynne, 30, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Escaping from Custody. United States District Judge Robert F. Rossiter, Jr. sentenced Wynne to 24 months’ imprisonment. He was also ordered to serve three years of supervised release after his release from prison. There is no parole in the federal system.
On April 28, 2022, Wynne escaped from his designated Bureau of Prisons placement at Dismas Charities in Omaha. Wynne was serving a sentence based on a prior conviction for possession of a firearm by a prohibited person. On May 5, 2022, the Metro Fugitive Task Force located Wynne at a Mega Saver parking lot in Omaha. Wynne was located with a stolen firearm. Wynne was convicted in Douglas County for possessing the firearm and his federal sentence in the instant offense will run consecutive to his state sentence of 25-30 years.
This case was investigated by the Metro Fugitive Task Force.
New Orleans Man Sentenced for Drug Trafficking and Firearms OffensesRead the Press Release
NEW ORLEANS – KENNETH MUSE, age 24, of New Orleans, was sentenced on June 13, 2023 by United States District Judge Jay C. Zainey for violations of the Controlled Substances and Gun Control Acts, announced U.S. Attorney Duane A. Evans.
According to court records, MUSE admitted to possessing a machinegun as well as tramadol pills that he had been selling. The gun MUSE possessed had been equipped with a “Glock switch,” transforming the normally semi-automatic pistol into fully automatic. Specifically, MUSE admitted to deputies that he possessed the tramadol with the intent to distribute, that he possessed the gun in furtherance of drug trafficking, and that he was a convicted felon in possession of a firearm.
Judge Zainey sentenced MUSE to fifteen years in the Bureau of Prisons, five years of supervised release following his term of imprisonment, and a $300 mandatory special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jefferson Parish Sheriff’s Office. Assistant United States Attorney David Haller of the Violent Crime Unit is in charge of the prosecution.
New Orleans Man Pleads Guilty to Violations of the Federal Controlled Substances and Federal Gun Control ActsRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced Thursday that GEORGE JEFFERSON, age 46, a resident of New Orleans, pled guilty on June 15, 2023 before Chief United States District Judge Nannette Jolivette Brown to a four-count indictment for possession with intent to distribute 40 grams or more of fentanyl and a quantity of heroin. JEFFERSON, a convicted felon, also pled guilty to possession of a firearm in furtherance of drug trafficking and for being a felon in possession of a firearm.
JEFFERSON faces up to forty years of imprisonment, at least 4 years of supervised release, and a fine of up to $5,000,000 for possession with intent to distribute fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B), and faces up to twenty years of imprisonment, at least 3 years of supervised release, and a fine of up to $1,000,000 for possession with intent to distribute heroin, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C). JEFFERSON faces a mandatory five years of imprisonment, imposed consecutively to the charged drug offenses for possession of a Glock Model 23, .40 caliber gun, in furtherance of dealing fentanyl and heroin, in violation of Title 18, United States Code Section 924(c). JEFFERSON also faces up to ten years imprisonment, up to 3 years supervised release, and a fine of up to $250,000 for possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2). Additionally, for each of the four counts to which he pled guilty, JEFFERSON faces payment of a $100 mandatory special assessment fee.
JEFFERSON is scheduled to be sentenced on October 12, 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. The prosecution is being handled by Assistant United States Attorney Lynn E. Schiffman of the Narcotics Unit.
New Orleans Man Pleads Guilty to Violations of the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – COREY HALE, age 32, pleaded guilty on June 15, 2023, before United States District Judge Eldon E. Fallon to two counts of an indictment charging him with being a felon in possession of a firearm, announced United States Attorney Duane A. Evans.
HALE faces a maximum term of imprisonment of ten (10) years, a fine of up to $250,000.00, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, the Louisiana State Police, and the New Orleans Police Department in investigating this matter. The case is being prosecuted by Assistant U.S. Attorney Mike Trummel of the Violent Crime Unit.
New Orleans Man Pleads Guilty to Violations of the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – On , June 15, 2023, KEDRICK RILEY, age 27, a resident of New Orleans, Louisiana, pled guilty to a two-count indictment charging him with violations of the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans. In Count 1, RILEY is charged with being a Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1) and 924(a)(2). In Count 2, RILEY is charged with Possession of a Machine Gun, in violation of 18 U.S.C. §§ 922(o) and 924(a)(2). Each offense carries a maximum sentence of 10 years imprisonment, a fine of up to $250,000.00, a period of supervised release of up to 3 years, and a mandatory special assessment fee of $100.00.
According to court records, the New Orleans Police Department (“NOPD”) observed RILEY on social media in possession of a firearm. RILEY was on probation at the time. In March 2022, NOPD executed a search warrant at RILEY’s residence. During the search, 5 firearms were found hidden underneath a mattress in RILEY’s bedroom. A manufacturing conversion device, commonly known as a Glock switch, was attached to one of the firearms. This device converts a semi-automatic firearm to a fully functioning automatic firearm with the single pull of the trigger. RILEY, a convicted felon, is prohibited from possessing a firearm.
Chief United States District Judge, Nannette Jolivette Brown, will sentence RILEY on October 12, 2023.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Public Integrity Unit.
New Orleans Man Charged with False Statements on Individual Tax ReturnRead the Press Release
NEW ORLEANS, LOUISIANA – Today, CHRISTOPHER COBURN (“COBURN”), age 51, of New Orleans, Louisiana, was charged with making false statements on an individual tax return, in violation of Title 26, United States Code, Section 7206(1), announced United States Attorney Duane A. Evans.
According to the bill of information, COBURN willfully under-reported the gross receipts for his tax preparation business by approximately $30,311.39 for the calendar year 2017 on his United States Individual Tax Return, Form 1040.
If convicted, COBURN faces a maximum sentence of three (3) years of imprisonment. Upon release from prison, COBURN also faces a term of supervised release for up to one (1) year, and/or a fine of $100,000 or the greater of twice the gross gain to the defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571. COBURN also faces payment of a mandatory $100 special assessment fee.
U.S. Attorney Evans reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The U.S. Attorney’s Office would also like to acknowledge the work of the Internal Revenue Service Criminal Investigations on this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Maria Carboni.
Navajo Man Sentenced to 17 Years for Voluntary ManslaughterRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Brian Tony was sentenced to 17 years and 6 months in prison. A federal jury convicted Tony, 51, of Gallup, and an enrolled member of the Navajo Nation, of voluntary manslaughter on March 10, 2022.
According to court records, on May 8, 2016, Tony, accompanied by his brother and his girlfriend, drove to a residence in Gallup and picked up the victim and the victim’s friend. While at the residence, Tony retrieved a hammer and placed it in his vehicle. Tony drove them to a location called “Superman Canyon,” where Tony and the victim got out of the vehicle and the victim was killed out of sight of the other passengers. An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head.
This case was investigated by the Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Division of Public Safety. Assistant United States Attorneys Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case.
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Multi-Convicted Felon Pleads Guilty to Firearms TraffickingRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Kranston Algeno Rolle (33, Bradenton) has pleaded guilty to firearms trafficking. Rolle faces a maximum penalty of 15 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, on December 30, 2022, Rolle knowingly trafficked in and received multiple firearms, specifically: (1) a Smith & Wesson Model SD9 VE 9mm caliber pistol; (2) a Glock Model 45 .9mm caliber pistol and (3) a GForce Arms Model GF2P semi-automatic shotgun. Rolle discharged the firearms at a shooting range in Palmetto. Rolle had received the firearms knowing that receiving them would constitute a felony. Additionally, Rolle purchased a box of shotgun shells at the shooting range and signed a liability release form where he knowingly misrepresented his status as a convicted felon.
On March 17, 2022, the Manatee County Sheriff’s Office executed a search warrant at Rolle’s home in Bradenton and located two firearms that matched the type used by Rolle at the shooting range in December. Rolle later admitted to using the pistols at the shooting range and unlawfully receiving and firing the shotgun. Rolle confirmed his identity in a video recording showing him discharging the firearms. He also confirmed his identity in a photograph showing him posing with one of the pistols.
At the time of the offense, Rolle had multiple prior felony convictions including robbery, grand theft of a motor vehicle, felony battery, and fleeing and eluding a police officer. As such, he is prohibited from possessing firearms or ammunition under federal law.
This case was investigated by the Manatee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney David W.A. Chee.
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.
Monroe Man Sentenced to 25 Years in Federal Prison for Offenses Related to His Sexual Abuse of 3 GirlsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that HECTOR TORRES, 34, of Monroe, was sentenced yesterday by U.S. District Judge Robert N. Chatigny in Hartford to 300 months of imprisonment, followed by 10 years of supervised release, for child exploitation offenses related to his sexual abuse of three minor girls.
According to court documents and statements made in court, Torres used Snapchat, FaceTime and text messaging to communicate with three minor girls, ages 11 and 12, and coerce them to send him naked pictures of themselves and to engage in sexual activity with him. On multiple occasions in February 2021, Torres picked up the girls in his car and brought them to a shopping plaza parking lot in Hartford where they each engaged in sexual activity with Torres at his direction. Torres promised to give the girls money, sneakers, vaping supplies, and/or food if they sent him photos of their bodies and/or engaged in sex acts with him. In March 2021, investigators reviewed at least three videos of Torres’s sexual abuse of the girls.
Torres has been detained since his arrest on April 13, 2021. On March 8, 2023, he pleaded guilty to two counts of coercion and enticement of minors to engage in sexual activity, and one count of production of child pornography.
This matter was investigated by the Federal Bureau of Investigation, the Hartford Police Department, the Monroe Police Department, and the Connecticut Child Exploitation Task Force, which includes federal, state, and local law enforcement agencies. The case was prosecuted by Assistant U.S. Attorney Angel M. Krull through the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation.
For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Mexican National Sentenced for Illegal Re-EntryRead the Press Release
NEW ORLEANS – JUAN MARTINEZ-CASTANEDA, age 54, was sentenced for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a) on June 14, 2023, announced U.S. Attorney Duane A. Evans.
According to court documents , JUAN MARTINEZ-CASTANEDA (“MARTINEZ-CASTANEDA”) admitted reentering the United States after being previously deported on February 3, 2003. MARTINEZ-CASTANEDA was sentenced by Judge Susie Morgan, to 8 months in federal prison. He will be deported again following the completion of his sentence. He was also ordered to pay a $100.00 mandatory special assessment fee.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant U. S. Attorney Carter K.D. Guice, Jr. was in charge of the prosecution.
Memphis Residents Plead Guilty to ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jemarcus Maquel Williams, age 31, Andria Victoria Dowdy, age 22, and Anfernee Deshon Sherrod, age 30, all of Memphis, Tennessee, each entered pleas of guilty to one count of Conspiracy to commit firearm offenses, in violation of Title 18, United States Code, Section 371, punishable by up to five years in prison and a fine of up to $250,000.
The Government’s Indictment alleged that in December 2021, Williams and Sherrod, both felons, together with Dowdy, conspired to obtain several firearms, ammunition, and an unregistered silencer in violation of federal laws prohibiting felons from possessing firearms. At the plea hearings, Williams, Dowdy, and Sherrod each admitted traveling to Oklahoma to obtain firearms. After a traffic stop in Sequoyah County, Oklahoma, officers found three semiautomatic rifles, one semiautomatic 9mm pistol, one 12-gauge shotgun, an unserialized silencer, and multiple rounds of various branded and gauged ammunition.
The charges arose from an investigation by the Sequoyah County Sheriff’s Office, the Roland Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Judge Gerald Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report for each defendant. At the conclusion of their plea hearing, Williams, Dowdy, and Sherrod were each remanded to the custody of the U.S. Marshal pending sentencing.
Assistant United States Attorney Edith A. Singer represented the United States.
Man with multiple arrests in Washington and Idaho sentenced to ten years in prison for drug trafficking while armed with a firearmRead the Press Release
Seattle – A 59-year-old man with arrests in three Western Washington counties and Idaho was sentenced this week in U.S. District Court in Seattle to ten years in prison, announced U.S. Attorney Nick Brown. Kermit Kellin Faglier pleaded guilty in October 2022 to one count of possession of a controlled substance with intent to deliver, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of access device fraud offense. U.S. District Judge John C. Coughenour imposed the sentence.
According to records filed in the case, Faglier was originally charged in the District of Idaho for a January 10, 2020, attempt to use a counterfeit credit card to purchase merchandise at a sporting goods store. The criminal charges from Idaho were later transferred to Washington as part of a global resolution of the case.
Faglier was arrested in Western Washington three times between January and May 2021. The first was January 23, 2021, in the town of Snoqualmie, where he was stopped driving a stolen vehicle. In the car, law enforcement found a stolen Smith and Wesson .38 revolver, a Glock semi-automatic pistol, methamphetamine, heroin, multiple driver’s licenses belonging to others, forged Washington driver’s licenses with Faglier’s picture but different names, multiple check cards, checks belonging to other people, and more than $2300 in cash.
Barely a week later, Faglier was arrested a second time in Mukilteo for attempting a fraudulent cash withdrawal from a bank. The February 1, 2021, arrest resulted in the seizure of counterfeit currency, checks, credit and debit cards, and multiple IDs from various states. Two guns were seized from the vehicle Faglier had been riding in – a 9 mm pistol and a 40 mm pistol. The van also contained heroin and meth.
On May 4, 2021, Faglier was contacted by officers in Spanaway, Washington because he had used a stolen identity to purchase a Ford F-150 truck. During the search incident, his arrest officers found methamphetamine in his pocket and a stolen Glock 43 semi-automatic handgun was in the center console of the truck.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Snoqualmie Police Department, the Mukilteo Police Department, the Pierce County Sheriff’s Office, and the United States Secret Service.
The case was prosecuted by Assistant United States Attorney Cecelia Gregson.
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.
Man Who Bragged About Sex with 16-Year-Old Sentenced to 14 Years in PrisonRead the Press Release
A Lamesa man who bragged to his coworkers about having sex with a 16-year-old child was sentenced Thursday to 14 years in prison for his sexually explicit photographs of her, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Osbaldo Moreno, 21, was charged via criminal complaint in November 2022 and indicted the following month. He pleaded guilty in February to receipt of child pornography and was sentenced Thursday by U.S. District Judge James Wesley Hendrix.
According to court documents, the investigation began when a co-worker reported to law enforcement that Mr. Moreno bragged about having sex with the minor victim in the workplace bathroom, breakroom, and parking lot.
In plea papers, Mr. Moreno admitted that the child was 15 when he first began having sex with her.
A review of the defendant’s cell phone revealed multiple disturbing text messages, including one in which he threatened, “U need to chill or am going to rape u and u not going to be able to walk again.”
He also demanded sexually explicit photos of the victim, which she sent. On his cell phones (he had several), investigators discovered more than 150 explicit images and videos of the child.
In an interview with law enforcement at the Midland Children’s Advocacy Center, the child reported that Mr. Moreno routinely ordered her to send nude images of herself and asked her to stop going to school so that they could have sex more often. She said that he declined to use protection during sex because he wanted to impregnate her.
Mr. Moreno has also been charged by the state with two counts of sexual assault of a child. Those cases remain pending.
Homeland Security Investigations’ Dallas Field Office and the Lamesa Police Department conducted the investigation. Assistant U.S. Attorney Callie Woolam prosecuted the case.
Man Convicted of $54M Bribery and Kickback Scheme Involving Fraudulent PrescriptionsRead the Press Release
A federal jury convicted a Florida man for his role in a $54 million bribery and kickback scheme involving TRICARE, a federal program that provides health insurance benefits to active duty and retired service members and their families.
According to court documents and evidence presented at trial, David Byron Copeland, 55, of Tallahassee, was a part-owner and senior sales manager at Florida Pharmacy Solutions (FPS), a Florida-based pharmacy that specialized in compounded prescription drugs. Copeland, along with his accomplices, engaged in a practice known as “test billing” to develop the most expensive combination of compounded drugs to maximize reimbursement from TRICARE. Copeland and his accomplices targeted physicians who treated TRICARE beneficiaries and paid bribes and kickbacks to physicians and salespeople to encourage the referral of prescriptions to FPS. The bribes included lavish hunting trips and expensive dinners. In addition, Copeland and his accomplices used “blanket letters of authorization” that allowed FPS to modify the prescription components to make them more profitable.
Copeland and his sales representatives were paid millions of dollars in kickbacks based on a percentage of the amount that TRICARE reimbursed for their prescriptions, which provided an incentive to seek prescriptions for the most expensive compounded drugs possible, including pain and scar creams. Copeland facilitated the kickbacks through companies he set up to receive and funnel the payments. From late 2012 through mid-2015, FPS billed TRICARE over $54 million for its compounded pharmaceuticals.
The jury convicted Copeland of two counts of soliciting and receiving illegal health care kickbacks and three counts of offering and paying illegal health care kickbacks. The jury acquitted Copeland of conspiracy to defraud the United States and to pay and receive illegal health care kickbacks. His sentencing is scheduled for Sept. 14. He faces a maximum penalty of 10 years in prison for each kickback count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Two other men, James Wesley Moss, the former chief executive officer of FPS, and Michael Gordon, a former FPS sales representative, previously pleaded guilty for their roles in the scheme and are awaiting sentencing.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Roger Handberg for the Middle District of Florida; Special Agent in Charge Darrin K. Jones of the U.S. Department of Defense Office of Inspector General (DOD-OIG), Defense Criminal Investigative Service, Southeast Field Office; Special Agent in Charge Omar Perez of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG), Miami Regional Office; Special Agent in Charge David Spilker of the U.S. Department of Veterans Affairs Office of Inspector General (VA-OIG), Southeast Field Office; and Special Agent in Charge David Walker of the FBI Tampa Field Office made the announcement.
The DOD-OIG, HHS-OIG, VA-OIG, and FBI investigated the case.
Trial Attorneys Devon Helfmeyer, Katie Rookard, and Clayton Solomon of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 25 federal districts, has charged more than 5,000 defendants who collectively have billed the Medicare program for more than $24 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.
Luzerne County Woman Pleads Guilty to Fentanyl TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Candacelee Ellis, age 37, of Plymouth, Pennsylvania, pleaded guilty on June 14, 2023, before U.S. District Court Judge Robert D. Mariani, to the charge of conspiracy to distribute more than 40 grams of fentanyl.
According to United States Attorney Gerard M. Karam, Ellis admitted to conspiring with other individuals to distribute between 160 grams and 280 grams of fentanyl in the Luzerne County area between 2019 and 2020. Ellis was indicted by a grand jury in August 2020 for fentanyl trafficking.
The investigation was conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania State Police. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Under federal law, the offense carries a mandatory minimum sentence of five years in prison, a maximum sentence of up to forty years in prison, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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Lexington County Man Sentenced to Federal Prison for Illegally Possessing a FirearmRead the Press Release
COLUMBIA, SOUTH CAROLINA — Jerry Ward Galloway, 47, of Lexington, was sentenced to 8 years in federal prison after pleading guilty to being a felon in possession of a firearm.
Evidence presented to the Court showed that the United States Marshal Service Fugitive Task Force located Galloway at a local hotel. Galloway had an outstanding arrest warrant. When the agents arrested Galloway, they saw several plastic bags in plain view. The agents obtained a search warrant and during their search, they found a marijuana grinder, more plastic bags, a marijuana pipe, a scale, a glass jar containing marijuana and a firearm with three magazines.
Galloway was prohibited from possessing a firearm based upon convictions for burglary 2nd offense, financial transaction card theft, possession of crack cocaine, distribution of methamphetamine, 3 counts of manufacturing of methamphetamine, and possession with the intent to distribute heroin.
United States District Judge Mary Geiger Lewis sentenced Galloway to 96 months (8 years) imprisonment, to be followed by a 3-year term of court-ordered supervision. There is no parole in the federal system.
This case was 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), United States Marshal Fugitive Task Force, and the Lexington County Sheriff’s Department. Assistant U.S. Attorney William K. Witherspoon prosecuted the case.
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Lab Billing Company Settles False Claims Act Allegations Relating to Unnecessary Respiratory Panels Run on Seniors Receiving COVID-19 TestsRead the Press Release
VitalAxis Inc., a Maryland-based billing company for diagnostic laboratories, has agreed to pay $300,479.58 to resolve False Claims Act allegations that it caused the submission of false claims to Medicare for medically unnecessary respiratory pathogen panels run on seniors who received COVID-19 tests.
Throughout 2020, VitalAxis performed billing services for a diagnostic laboratory in Atlanta, Georgia that provided COVID-19 testing to residents of senior living communities. For one chain of communities, the laboratory directed VitalAxis to bill Medicare for respiratory pathogen panels purportedly ordered by a physician who had not actually ordered the tests and who was ineligible to treat Medicare beneficiaries. VitalAxis found the credentials of a different physician and, without authorization, billed Medicare using that physician’s name. Medicare subsequently paid the laboratory for these medically unnecessary tests.
“Federal health care programs only pay for items or services that are reasonable and medically necessary,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Today’s settlement demonstrates our commitment to pursue those who exploited the COVID-19 pandemic by billing the government for wasteful tests that nobody wanted or needed.”
“Unscrupulous companies that exploit the Medicare billing system divert important resources away from the program and abuse patient trust,” said U.S. Attorney Ryan K. Buchanan for the Northern District of Georgia. “This civil resolution confirms that our district is committed to protecting our federal programs from fraud and holding those accountable who knowingly waste taxpayer dollars.”
“When companies bill for medically unnecessary services, they waste valuable taxpayer dollars and undermine the integrity of federal health care programs,” said Special Agent in Charge Tamala Miles with the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “As this settlement illustrates, HHS-OIG is committed to protecting the interests of the American taxpayer and holding health care providers accountable should they attempt to exploit the Medicare program.”
VitalAxis received a credit in connection with the settlement announced today in recognition of their cooperation, including by performing and disclosing the results of an internal investigation, disclosing relevant facts and material not known to the government but relevant to its investigation, providing information relevant to potential misconduct by other individuals and entities, and admitting liability.
The resolution obtained in this matter was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Northern District of Georgia, with assistance from the Department of Health and Human Services, Office of the Inspector General.
This matter was handled by Deputy Director Paul R. Perkins of the Civil Division, Commercial Litigation Branch, Fraud Section, and Assistant U.S. Attorney Mellori Lumpkin-Dawson and Civil Investigator Alena Evans of the U.S. Attorney’s Office for the Northern District of Georgia.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Justice Department 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 actors committing civil and criminal fraud 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 visit www.justice.gov/coronavirus.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also 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: www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Finds Civil Rights Violations by the Minneapolis Police Department and the City of MinneapolisRead the Press Release
Following a comprehensive investigation, the Justice Department announced today that the Minneapolis Police Department (MPD) and the City of Minneapolis (City) engage in a pattern or practice of conduct in violation of the U.S. Constitution and federal law. The Department also announced that the city and MPD have agreed in principle to resolve the Department’s findings through a court enforceable consent decree with an independent monitor, rather than through contested litigation.
Specifically, the Justice Department finds that the MPD:
- Uses excessive force, including unjustified deadly force and unreasonable use of tasers;
- Unlawfully discriminates against Black people and Native American people in its enforcement activities, including the use of force following stops;
- Violates the rights of people engaged in protected speech; and
- Along with the city, discriminates against people with behavioral health disabilities when responding to calls for assistance.
The Department identified and concluded that persistent deficiencies in policy, training, supervision, and accountability contribute to the unlawful conduct.
“George Floyd’s death had an irrevocable impact on his family, on the Minneapolis community, on our country, and on the world,” said Attorney General Merrick B. Garland. “The patterns and practices of conduct the Justice Department observed during our investigation are deeply disturbing. They erode the community’s trust in law enforcement. And they made what happened to George Floyd possible. Today, we have completed our investigation, but this is only the first step. We will continue to work with the city and the MPD toward ensuring that MPD officers have the support and resources they need to do their jobs effectively and lawfully as we work together toward meaningful and durable reform.”
“I know this community is still hurting and that today’s announcement may also open up old wounds,” said Associate Attorney General Vanita Gupta. “The Justice Department is committed to working with Minneapolis on a path forward, to constitutional policing, and stronger police-community trust. Together we can build a Minneapolis that protects the rights, safety, and dignity of all.”
“Every American deserves policing that is fair, equitable, and non-discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The protests that unfolded across Minneapolis, and the country, underscore the urgency behind our efforts to ensure that police departments respect constitutional rights, while garnering public trust. We will stand by the people of Minneapolis as we work to institute reforms that are lasting and enduring.”
“These findings present a sobering picture of a flawed system – but today we turn towards change through justice,” said First Assistant U.S. Attorney Ann Bildtsen for the District of Minnesota. “This thorough investigation is the foundation to make fair and lawful policing a reality for our entire community.”
The city and MPD cooperated fully with the Justice Department’s investigation. The Department provided a comprehensive written report of its investigative findings to the city and MPD. The report acknowledges the changes already made by the city and MPD, and it identifies additional remedial measures that the Department believes are necessary to fully address its findings.
The Department opened this investigation on April 21, 2021. The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and the Civil Division of the U.S. Attorney’s Office for the District of Minnesota. The team conducted numerous onsite tours of MPD facilities; interviewed MPD officers, supervisors, and command staff; spoke with city officials and employees; accompanied behavioral crisis responders and officers on ride-alongs; reviewed thousands of documents; and watched thousands of hours of body-worn camera footage. Department attorneys and staff also met with community members, advocates, service providers, and other stakeholders in the Minneapolis area.
The Department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law, the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, and Title II of the Americans with Disabilities Act.
The findings announced today are the result of the Department’s civil pattern or practice investigation and are separate from the Department’s criminal cases against former MPD officers for federal crimes related to the death of George Floyd.
The Department will reach out to members of the Minneapolis community for input on remedies to address the Department’s findings. Individuals may also submit recommendations by email at [email protected] or by phone at 1-866-432-0268.
This is one of eight investigations into law enforcement agencies opened during this Administration by the Civil Rights Division of the Justice Department under Section 12601. The Department has ongoing investigations into the Phoenix Police Department; the Mount Vernon Police Department; the Louisiana State Police; the New York City Police Department’s Special Victims Division; the Worcester Police Department; and the Oklahoma City Police Department. The Department has issued Section 12601 findings reports in the past year regarding the Louisville Metro Police Department, as well as the Orange County District Attorney’s Office and Sheriff’s Department.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available at www.justice.gov/usao-mn.
Information specific to the Civil Rights Division’s Police Reform Work can be found here: www.justice.gov/crt/file/922421/download.
The Justice Department will hold a virtual presentation on the findings at 5:00 p.m. CT. Members of the public are encouraged to attend to learn more about the findings. Please join the meeting here.
Justice Department Finds Civil Rights Violations by the Minneapolis Police Department and the City of MinneapolisRead the Press Release
WASHINGTON – Following a comprehensive investigation, the Justice Department announced today that the Minneapolis Police Department (MPD) and the City of Minneapolis (City) engage in a pattern or practice of conduct in violation of the U.S. Constitution and federal law. The Department also announced that the city and MPD have agreed in principle to resolve the Department’s findings through a court enforceable consent decree with an independent monitor, rather than through contested litigation.
Specifically, the Justice Department finds that the MPD:
- Uses excessive force, including unjustified deadly force and unreasonable use of tasers;
- Unlawfully discriminates against Black people and Native American people in its enforcement activities, including the use of force following stops;
- Violates the rights of people engaged in protected speech; and
- Along with the city, discriminates against people with behavioral health disabilities when responding to calls for assistance.
The Department identified and concluded that persistent deficiencies in policy, training, supervision, and accountability contribute to the unlawful conduct.
“George Floyd’s death had an irrevocable impact on his family, on the Minneapolis community, on our country, and on the world,” said Attorney General Merrick B. Garland. “The patterns and practices of conduct the Justice Department observed during our investigation are deeply disturbing. They erode the community’s trust in law enforcement. And they made what happened to George Floyd possible. Today, we have completed our investigation, but this is only the first step. We will continue to work with the city and the MPD toward ensuring that MPD officers have the support and resources they need to do their jobs effectively and lawfully as we work together toward meaningful and durable reform.”
“I know this community is still hurting and that today’s announcement may also open up old wounds,” said Associate Attorney General Vanita Gupta. “The Justice Department is committed to working with Minneapolis on a path forward, to constitutional policing, and stronger police-community trust. Together we can build a Minneapolis that protects the rights, safety, and dignity of all.”
“Every American deserves policing that is fair, equitable, and non-discriminatory,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The protests that unfolded across Minneapolis, and the country, underscore the urgency behind our efforts to ensure that police departments respect constitutional rights, while garnering public trust. We will stand by the people of Minneapolis as we work to institute reforms that are lasting and enduring.”
“These findings present a sobering picture of a flawed system – but today we turn towards change through justice,” said First Assistant U.S. Attorney Ann Bildtsen for the District of Minnesota. “This thorough investigation is the foundation to make fair and lawful policing a reality for our entire community.”
The city and MPD cooperated fully with the Justice Department’s investigation. The Department provided a comprehensive written report of its investigative findings to the city and MPD. The report acknowledges the changes already made by the city and MPD, and it identifies additional remedial measures that the Department believes are necessary to fully address its findings.
The Department opened this investigation on April 21, 2021. The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and the Civil Division of the U.S. Attorney’s Office for the District of Minnesota. The team conducted numerous onsite tours of MPD facilities; interviewed MPD officers, supervisors, and command staff; spoke with city officials and employees; accompanied behavioral crisis responders and officers on ride-alongs; reviewed thousands of documents; and watched thousands of hours of body-worn camera footage. Department attorneys and staff also met with community members, advocates, service providers, and other stakeholders in the Minneapolis area.
The Department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law, the Safe Streets Act of 1968, Title VI of the Civil Rights Act of 1964, and Title II of the Americans with Disabilities Act.
The findings announced today are the result of the Department’s civil pattern or practice investigation and are separate from the Department’s criminal cases against former MPD officers for federal crimes related to the death of George Floyd.
The Department will reach out to members of the Minneapolis community for input on remedies to address the Department’s findings. Individuals may also submit recommendations by email at [email protected] or by phone at 1-866-432-0268.
This is one of eight investigations into law enforcement agencies opened during this Administration by the Civil Rights Division of the Justice Department under Section 12601. The Department has ongoing investigations into the Phoenix Police Department; the Mount Vernon Police Department; the Louisiana State Police; the New York City Police Department’s Special Victims Division; the Worcester Police Department; and the Oklahoma City Police Department. The Department has issued Section 12601 findings reports in the past year regarding the Louisville Metro Police Department, as well as the Orange County District Attorney’s Office and Sheriff’s Department.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the District of Minnesota is available at www.justice.gov/usao-mn.
Information specific to the Civil Rights Division’s Police Reform Work can be found here: www.justice.gov/crt/file/922421/download.
The Justice Department will hold a virtual presentation on the findings at 5:00 p.m. CT. Members of the public are encouraged to attend to learn more about the findings. Please join the meeting here.
View the findings report here and the settlement in principle here.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty beyond a reasonable doubt:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 13 was:
Donna Rae Lamere, 66, of Great Falls, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Lamere faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Lamere was released pending further proceedings. The FBI, Drug Enforcement Administration, Russell Country Drug Task Force and Great Falls Police Department investigated the case. PACER case reference. 23-44.
Jerry Scot Saunders, 34, of Great Falls, on charges of possession with intent to distribute fentanyl, possession of a firearm in furtherance of a drug trafficking crime and prohibited person in possession of a firearm. If convicted of the most serious crime, Saunders faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the drug crime and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the crime of possessing a firearm during a drug trafficking crime. Saunders was detained pending further proceedings. The Drug Enforcement Administration, FBI and Great Falls Police Department investigated the case. PACER case reference. 22-46.
Mikayla Elizabeth Magnussen, 23, of Havre, on charges of conspiracy to possess with intent to distribute controlled substances, and possession with intent to distribute controlled substances. If convicted of the most serious crime, Magnussen faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Magnussen was detained pending further proceedings. The Tri-Agency Task Force, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 23-51.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on June 15 was:
Nancy Michelle Hartscok, 36, of Billings, on charges of possession with intent to distribute methamphetamine and prohibited person in possession of a firearm. If convicted of the most serious crime, Hartscok faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Hartscok was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 23-69.
Appearing for an initial appearance on a criminal complaint on June 14 was:
Ryan William Newhart, 27, of Billings, on charges of possession with intent to distribute controlled substances. If convicted of the most serious crime, Newhart faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Newhart was detained pending further proceedings. The U.S. Postal Service and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 23-107.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on June 15 was:
Kyle Kenneth Smith, 32, of Kalispell, on charges of prohibited person in possession of firearms. If convicted of the most serious crime, Smith faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Smith was detained pending further proceedings. The FBI, Kalispell Police Department, Flathead County Sheriff’s Office and Great Falls Police Department investigated the case. PACER case reference. 23-5.
Amber Marie Cody, 40, of Butte, on charges of possession with intent to distribute fentanyl and distribution of fentanyl. If convicted of the most serious crime, Cody faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Cody was released pending further proceedings. The Missouri River Drug Task Force investigated the case. PACER case reference. 23-08.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Houstonian sent to prison after hiding meth in speaker boxRead the Press Release
HOUSTON – A 32-year-old man has been sent to prison following his conviction for conspiracy to possess with the intent to distribute meth, announced U.S. Attorney Alamdar S. Hamdani.
Martin Alejandro Carreno pleaded guilty Nov. 8, 2022.
Today, U.S. District Judge Ewing Werlein ordered Carreno to serve 120 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional testimony about the impact meth has had on individuals, families and communities and noted that deadly drugs lead to disaster.
In March 2022, authorities learned Carreno was selling meth by the kilogram in the Houston area and had recently received a large quanity. Law enforcement conducted a search of his residence and discovered more than nine kilograms of meth concealed inside a speaker box.
The total weight was approximately 9.15 kilograms meth with a 99% purity level. It had an estimated street value of $500,000.
Carreno will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) operation with the assistance of Precinct 3 Harris County Constables Office. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorney Stuart A. Burns prosecuted the case.
Hialeah Man Pleads Guilty to Access Device Fraud and Aggravated Identity TheftRead the Press Release
Orlando, FL - United States Attorney Roger B. Handberg announces that Homberto Machin Morejon (38, Hialeah) has pleaded guilty to possessing 15 or more counterfeit and unauthorized access devices, and aggravated identity theft.
Morejon faces up to 10 years in federal prison for the access devices offense and a consecutive minimum mandatory sentence of 2 years for the aggravated identity theft offense. His sentencing hearing is scheduled for September 12, 2023.
According to court documents, on November 20, 2019, U.S. Secret Service (USSS) agents and members of the USSS Financial Crimes Task Force observed Morejon at a gas station in Cocoa standing between fuel pumps and holding what appeared to be a stack of white cards while periodically shuffling through them. Morejon then passed the cards between the fuel pumps to other individuals who had arrived at the gas station. A search incident to arrest of Morejon yielded 36 gift cards with magnetic stripes on the rear of each card. Subsequent investigation revealed that the gift cards had been re-encoded with credit and or debit card information of other persons.
The following day, a search warrant was executed on the vehicle Morejon was seen operating at the gas station. Sixty-four additional gift cards with magnetic stripes were seized along with a laptop. A forensic examination determined that the laptop contained the names of approximately 1,350 individuals and their credit or debit card account numbers.
On January 31, 2020, USSS agents, along with officers from the USSS Financial Crimes Task Force, executed a search warrant in Orlando at Morejon’s residence at the time. The agents seized, amongst other items, a laptop, 17 gift cards with magnetic stripes encoded with other persons’ credit card and or debit card numbers, several thumb drives, multiple phones, an external hard drive, a diesel fuel hose, several reproduced gas pump security stickers, and multiple ledgers containing suspected diesel fuel sales transactions. A forensic examination of one of the phones yielded multiple images of gas meters depicting amounts of gasoline purchased, images of gas pumps, and gas stations. A forensic audit of the external hard drive revealed the names of approximately 690 individuals and their credit or debit card account numbers. A forensic examination of one of the thumb drives produced the names of approximately 250 individuals and their credit or debit card account numbers. In total, Morejon was found to be in possession of more than 2,000 victims’ names and their credit or debit card account numbers.
This case was investigated by the United States Secret Service, the Orange County Sheriff’s Office, and the Brevard County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
Health Care Information Technology Contractor Agrees to Pay More Than $1.7 Million to Resolve False Claims Act Allegations for Charging Unallowable Costs to the National Institutes of HealthRead the Press Release
Baltimore, Maryland – Maryland-based Capital Technology Information Services, Inc., (“CTIS”), a health care information technology company, has agreed to pay the United States $1,712,949.44 to resolve federal False Claims Act allegations that it billed the National Institutes of Health (“NIH”) for costs that were unallowable for reimbursement.
The civil settlement was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services.
“Federal contractors are required to bill only for costs that are properly reimbursable and not for purely personal expenses unrelated to the contract work,” said United States Attorney for the District of Maryland Erek L. Barron. “This settlement represents our continuing commitment to holding companies accountable who do not follow the rules for federal contracting and grants and take advantage of taxpayer funded programs.”
“Federal grantees and contractors have a responsibility to ensure all charges they submit are for allowable expenses,” said Maureen Dixon, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “HHS-OIG remains committed to protecting valuable taxpayer dollars, and the programs they fund, from fraud, waste, and abuse.”
The core business of CTIS involved health data analytics and the provision of related website infrastructure to its customers to capture, store and use health and biomedical data. CTIS received a five-year grant from NIH, through the National Institute of Minority Health and Health Disparities (“NIMHD”), to establish a consortium of educational and for-profit organizations to study the impact of health delivery systems in a selected minority community, to understand possible disparities, and find innovative ways to eliminate the identified disparities. CTIS was also awarded an NIH Cancer Therapy Evaluation Program (“CTEP”) Task Order cost-reimbursable contract to provide information technology and telecom solutions in support of NIH for CTEP. Under the contract and the grant, NIH would reimburse CTIS only for allowable expenses incurred during the performance period of the contract or grant.
The settlement resolves allegations that between July 1, 2013, through June 30, 2018, CTIS knowingly billed the NIH for unallowable costs on both the NIH grant and the CTEP Task Order, including for such personal expenses as the costs of luxury vehicles, residential mortgage payments, housekeeping services, the cost of a wedding, and other unreasonable and/or non-contract-related work or for work not actually performed. The costs were falsely represented as incurred specifically in support of the work performed on the NIH grant and CTEP Task Order and as necessary to the overall operation of the business of CTIS.
The civil settlement also resolves lawsuits filed under the whistleblower provision of the False Claims Act in United States ex rel. Sherette Rhodes, et. al., v. Capital Technology Information Services, Inc., Civ. No. GJH-17-0609 and in United States ex rel. Connie Ezerski v. CTIS, Inc., et. al., Civ. No. GJH-18-0486 (D.Md). The False Claims Act permits private parties to file suit on behalf of the United States for false claims and obtain a portion of the United States’ recovery. As part of the civil resolution, two of the Relators will receive $171,294.94, collectively, and the other will receive $171,294.94.The claims resolved by this settlement are allegations. The settlement is not an admission of liability by CTIS, nor a concession by the United States that its claims are not well founded. CTIS cooperated throughout the ensuing federal investigation conducted by the United States Attorney’s Office for the District of Maryland.
United States Attorney Erek L. Barron commended the DHHS-OIG for its work in this investigation. Mr. Barron thanked Assistant U.S. Attorney Tarra DeShields who handled this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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Grand Jury - June 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 10 unsealed Indictments charging 12 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Ciprian Amariutei, a/k/a Steffano Ferrari, a/k/a Gianluca Ferrer, age 37, of Omaha, Nebraska, and Mona Maria Tataru, a/k/a Maria Murino, age 32, of Los Angeles, California, are charged in a four-count Indictment. Count I charges Amariutei and Tataru with illegal possession, production, or trafficking in device making equipment on or about April 23, 2023 and continuing to on or about April 25, 2023. The penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Amariutei and Tataru with possession of fifteen or more devices which are counterfeit and unauthorized on or about April 23, 2023 and continuing to on or about April 25, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count III charges Amariutei with aggravated identity theft on or about April 23, 2023 and continuing to on or about April 25, 2023. The penalty if convicted is an additional 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count IV charges Tataru with aggravated identity theft on or about April 23, 2023 and continuing to on or about April 25, 2023. The penalty if convicted is an additional 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency and property seized.
* Latjor Gony, age 28, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges Gony with possession of a firearm by a prohibited person on or about July 21, 2020 and continuing to on or about December 28, 2021. The penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Gony with illegal possession of a machine gun on or about July 21, 2020 and continuing to on or about December 28, 2021. The maximum possible penalty if convicted is not less than 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Victor Aaron Gonzales, age 37, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Gonzales with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual), 500 grams or more of methamphetamine (mixture), a detectable amount of cocaine and a detectable amount of marijuana on or about February 1, 2022 and continuing to on or about November 17, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five-years and up to life term of supervised release, and a $100 special assessment. Count II charges Gonzales with possession with intent to distribute 50 grams or more of methamphetamine (mixture) on or about November 16, 2022. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five-years and up to life term of supervised release consecutive, and a $100 special assessment.
* Dexter D. Hall, age 36, is charged with a prohibited person in possession of ammunition on or about February 8, 2023. The penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Thomas Janes, age 29, of Omaha, Nebraska, is charged with possession of child pornography on or about March 9, 2023. The penalty if convicted is not less than 10 years’ and up to 20 years’ imprisonment, a $250,000 fine, not less than five years and up to life term of supervised release, and a $5,100 special assessment.
* Salome Juarez-Castro, age 24, is charged with illegal reentry after deportation on or about May 22, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Miguel Angel Lopez Aguirre, age 30, is charged with illegal reentry of a removed alien after an aggravated felony conviction on or about April 19, 2023. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Brian E. Nielsen, age 46, of Oakland, Nebraska, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about February 24, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to life term of supervised release, and a $100 special assessment.
* David Sikes, age 68, of Alma, Nebraska, is charged with harboring or concealing a person from arrest on or about January 17, 2018 and continuing to on or about January 14, 2022. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Alphonso Johnson, Jr., age 45, of Lincoln, Nebraska, and Stacey Vanarsdale, age 36, of Lincoln, Nebraska, are charged in a two-count Indictment. Count I charges Johnson and Vanarsdale with conspiracy to distribute 50 grams or more of methamphetamine (actual), on or about July 9, 2022 and continuing to on or about August 10, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to life term of supervised release, and a $100 special assessment. Count II charges Johnson and Vanarsdale with possession with intent to distribute 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mixture) on or about August 10, 2022. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to life term of supervised release consecutive, and a $100 special assessment.
Fort Myers Couple Arrested and Charged with More Than $2 Million COVID Relief FraudRead the Press Release
Fort Myers, Florida – United States Attorney Roger B. Handberg announces the arrest and unsealing of a criminal complaint charging Timothy Craig Jolloff (46, Fort Myers) and Lisa Ann Jolloff (56, Fort Myers) with one count of conspiracy to commit money laundering and one count of illegal monetary transactions. Timothy Jolloff is also charged with one count of wire fraud. If convicted, each faces a maximum penalty of 10 years in federal prison on each of the charges. Timothy Jolloff faces an additional maximum penalty of 20 years in federal prison for the wire fraud offense.
According to the complaint, between April and May 2020, Timothy Jolloff submitted false and fraudulent Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) loan applications to the Small Business Administration (SBA), as well as a PPP approved lender. In PPP loan applications and loan documents, Timothy Jolloff falsely represented and certified that PPP funds would be used to retain workers and maintain payroll or make mortgage interest payments, lease payments, and utility payments. Moreover, in loan documents signed and submitted by Timothy Jolloff for EIDL loans, he mispresented that EIDL proceeds would be used solely as working capital and to alleviate economic injury.
Timothy Jolloff’s false and fraudulent representations caused the SBA and a PPP lender to approve and fund 11 EIDLs and 6 PPP loans, totaling approximately $2.14 million. Timothy Jolloff and his wife, Lisa Jolloff, then conspired to unlawfully use PPP and EIDL funds to purchase three pontoon boats for more than $300,000 total, real estate in Indiana, home furnishings, outdoor kitchens for their homes, a 2020 Polaris UTV, as well as jewelry, and two dogs. The couple also fraudulently used more than $600,000 in EIDL funds to purchase a furniture business in Indiana and a landscaping business in Sarasota, which had no connection to the businesses for which the couple had obtained COVID relief funds.
A criminal complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the United States Secret Service. It is being prosecuted by Assistant United States Attorney Trent Reichling.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
Download Criminal ComplaintFormer federal correctional officer sentenced to prison for Paycheck Protection Program fraudRead the Press Release
ATLANTA - Harrescia Hopkins has been sentenced to five months in prison for fraudulently obtaining two Paycheck Protection Program loans while employed as a correctional officer by the Federal Bureau of Prisons. Hopkins obtained the loans in the name of a business that did not exist and used the money on a cruise and other vacations, as well as restaurants and a new SUV.
“While employed in a position of trust, Hopkins lied to steal emergency money intended for businesses suffering during the COVID-19 pandemic,” said U.S. Attorney Ryan K. Buchanan. “We will vigorously prosecute people who exploited these programs particularly when such fraud is committed by government employees and officials.”
“Hopkins’s fraud scheme took money earmarked for those who were legitimately struggling to make ends meet during the height of the COVID-19 pandemic, and she greedily used those funds for personal entertainment and luxury purchases. This sentencing should send a clear message to fraudsters everywhere: you will be brought to justice,” said James F. Boyersmith, Special Agent in Charge of the Department of Justice Office of the Inspector General Miami Field Office.
“OIG will identify and bring to justice wrongdoers who sought personal gain by theft of taxpayers’ funds,” said SBA OIG’s Eastern Region Special Agent in Charge Amaleka McCall-Brathwaite. “I want to thank the U.S. Department of Justice and our law enforcement partners for their dedication and pursuit of justice.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was a federal law enacted in or about March 2020 that was designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief that the CARES Act provided was the authorization of up to $349 billion in forgivable loans to small businesses for payroll, mortgage interest, rent/lease, and utilities through a program referred to as the Paycheck Protection Program (“PPP”). Congress has since authorized additional PPP funding.
Hopkins, while a Federal Bureau of Prisons correctional officer, applied for two PPP loans for $19,100 each in August 2020 and January 2021. The PPP loan applications were purportedly to help a business named Hopkins Towing and Storage, which she claimed had a gross income of $100,525 in 2019. In reality, Hopkins Towing and Storage was not a real and functioning business. Hopkins also obtained a $4,000 loan from the United States Small Business Administration’s COVID-19 Economic Injury Disaster Loan program.
Hopkins caused the loan proceeds to be deposited into her personal checking account. Hopkins then spent the money on personal expenses – including a Caribbean cruise and other travel, a new Chevrolet Blazer, landscaping for her house, restaurant meals, and retail goods.
Harrescia Hopkins, 34, of Conley, Georgia, was sentenced on June 8, 2023, by U.S. District Judge Sarah E. Geraghty to five months in prison to be followed by two years of supervised release. As part of her sentence, Hopkins was ordered to repay all three loans in full in the amount of $46,004.04. Hopkins pleaded guilty to wire fraud on December 20, 2022.
This case was investigated by the Department of Justice’s Office of Inspector General, and the Small Business Administration’s Office of Inspector General.
Assistant U.S. Attorney Garrett L. Bradford, Chief of the Public Integrity & Civil Rights Section, prosecuted the case.
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 visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former FedEx Driver from Middleborough Pleads Guilty to Selling Firearms He Stole from Packages on His TruckRead the Press Release
BOSTON – A Middleborough man pleaded guilty today in federal court in Boston to charges stemming from his stealing and selling three firearms from FedEx packages he was responsible for delivering.
Frank P. O’Toole, 40, pleaded guilty to two counts of possession or sale of a stolen firearm. U.S. District Court Judge Angel Kelley scheduled sentencing for Sept. 26, 2023. O’Toole was arrested and charged by criminal complaint in August 2022 and subsequently indicted by a federal grand jury in September 2022.
O’Toole previously worked as a FedEx delivery truck driver out of a FedEx facility in Middleborough. Between October 2021 and June 2022, O’Toole stole three packages he was responsible for delivering, each containing a firearm intended for a Federal Firearms Licensee. On Aug. 9, 2022 and Aug. 12, 2022, O’Toole sold the three firearms to an undercover agent during two separate controlled purchases.
The charge of possession of a stolen firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Middleborough Police Chief Joseph Perkins made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Levy’s Major Crimes Unit is prosecuting the case.
Former Army Reservist Sentenced for Conspiracy to Commit Theft of Government FundsRead the Press Release
NEW ORLEANS – Former United States Army reservist LYNEA SANDERS was sentenced on June 15, 2023, to 3 years of probation, 150 hours of community service, and a $100 mandatory special assessment fee, announced U.S. Attorney Duane A. Evans. Pursuant to the Mandatory Victim Restitution Act, Chief Judge Nannette Jolivette Brown further imposed restitution of $21,780.18, which SANDERS has already paid. SANDERS previously pled guilty to conspiracy to commit theft of government funds, having stolen $21,780.18 from the United States Department of the Army by claiming reimbursement for the performance of military funeral honors ceremonies that never happened.
The National Defense Authorization Act of 2000 authorizes military funeral honors for active-duty soldiers, retirees, and veterans. At a family’s request, eligible persons can receive military funeral honors, including the folding and presenting of the United States flag and the playing of “Taps.”
U.S. Attorney Evans praised the work of the United States Army Criminal Investigation Command, including Special Agents Dustin Stevens, John Hiniker, Jeffrey Riedeman, and Denny Richter. The prosecution was handled by Assistant United States Attorney Andre J. Lagarde of the Public Integrity Unit.
Former Army Reservist Sentenced for Conspiracy to Commit Theft of Government FundsRead the Press Release
NEW ORLEANS – Former United States Army reservist CHANTELLE DAVIS was sentenced on June 15, 2023, to 2 years of probation, 100 hours of community service, and a $100 mandatory special assessment fee, announced U.S. Attorney Duane A. Evans. Pursuant to the Mandatory Victim Restitution Act, Chief Judge Nannette Jolivette Brown further imposed restitution of $8,399.65, which DAVIS has already paid. DAVIS previously pled guilty to conspiracy to commit theft of government funds, having stolen $8,399.65 from the United States Department of the Army by claiming reimbursement for the performance of military funeral honors ceremonies that never happened.
The National Defense Authorization Act of 2000 authorizes military funeral honors for active duty soldiers, retirees, and veterans. At a family’s request, eligible persons can receive military funeral honors, including the folding and presenting of the United States flag and the playing of “Taps.”
U.S. Attorney Evans praised the work of the United States Army Criminal Investigation Command, including Special Agents Dustin Stevens, John Hiniker, Jeffrey Riedeman, and Denny Richter. The prosecution was handled by Assistant United States Attorney Andre J. Lagarde of the Public Integrity Unit.
Former Alaska Advanced Nurse Practitioner Sentenced to 30 Years for Illegally Prescribing Millions of Opioids Causing Five DeathsRead the Press Release
ANCHORAGE, ALASKA—Former Advanced Nurse Practitioner Jessica Joyce Spayd (52) was sentenced in U.S. District Court yesterday to 30 years (360 months) imprisonment for illegally prescribing and dispensing opioids outside the scope of legitimate medical practice that resulted in the deaths of five people between 2014 and 2019. United States District Judge Joshua M. Kindred handed down the sentence.
A jury convicted Spayd on October 27, 2022, of 10 crimes including five counts of illegal drug distribution that resulted in death and one count of maintaining a drug involved premises. She was also ordered to forfeit $117,000 in unlawful proceeds.
The parties presented 51 witnesses during the four-week trial. Government witnesses included pharmacists who refused to fill prescriptions from Spayd, law enforcement agents and officers who investigated the deaths, Spayd’s employees, individuals who received pills from Spayd, medical experts, every Medical Examiner in Alaska (each of whom performed autopsies on different overdose victims), and family members of the victims.
Evidence presented during the trial showed that Spayd prescribed and dispensed 4.5 million dosages of opioids in just over five years including fentanyl, methadone, oxycodone, and hydromorphone. Many times she combined those prescriptions with prescriptions for dangerous other drugs like valium and muscle relaxers, known as the “holy trinity,” greatly increasing the chances of overdose death. She wrote these prescriptions with little to no medical justification or treatment plan; minimal, if any, tests or physical examinations; and little, if any, considerations of non-opioid treatment. Many of her patients were vulnerable and suffering from chronic pain, addiction, and mental illness, yet Spayd disregarded their medical histories, risk factors, past overdoses, symptoms, and pleas to reduce or taper their doses. She also ignored warnings from patients’ family members, pharmacists, and other medical providers, and defied thousands of warning letters sent by insurance companies about the dangers of her practices.
In imposing the sentence, Judge Kindred emphasized the trust that society places in medical practitioners like Spayd and remarked that “when [practitioners] fail in their responsibilities, [they] can do far greater harm than the drug dealer on the street corner.” He also acknowledged that Spayd “knew she was in effect killing people, and she just kept doing it,” for nearly two decades.
“This is the deadliest drug case in this district’s history. And disturbingly, the five deaths the Defendant was convicted of at trial are just the tip of the iceberg” because “Spayd may have caused or contributed to the deaths of dozens: 20 total confirmed drug overdoses and many others suspected. She was a serial killer with a ‘poison pen,’” Assistant U.S. Attorney Ryan D. Tansey wrote in a sentencing memorandum filed with the court. “[H]er conduct was far more insidious” than that of a street level dealer “because she sanctioned (and supplied) lethal levels of drugs for her patients, day after day, year after year, under the shroud of a prescribing license, assuring them that it was safe and necessary. In the process, she abused her authority and violated her oath as a medical professional, prescribing higher doses per patient than any other prescriber in Alaska during the charging period.”
“Medical practitioners who abuse their positions of trust by supplying millions of opioids for no legitimate medical purpose wreak havoc on our community,” said U.S. Attorney S. Lane Tucker. “Let this sentence send a clear message to any other medical practitioners considering similar conduct in Alaska: our office and law enforcement partners will work tirelessly to investigate and prosecute these cases, and you will be punished severely.”
“Ms. Spayd betrayed the trust of her profession, those under her care, and her community by prescribing a staggering amount of opioids along with other powerful narcotics,” said Jacob D. Galvan, Acting Special Agent in Charge, DEA Seattle Field Division. “This lengthy sentence emphasizes the seriousness of Ms. Spayd’s actions and should be seen as deterrent to those who aim to bring harm to our communities.”
“Spayd callously abused her dispensing authority, while fueling the opioid epidemic and poisoning our communities in the process,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “This investigation and subsequent prosecution was about seeking justice for the victims and their families, and holding Spayd accountable for her destructive and lethal crimes. With Spayd’s abuse linked to a significant loss of life, this sentence will undoubtedly have a direct public safety impact on our community.”
Assistant U.S. Attorneys Ryan Tansey and Michael Heyman prosecuted the case.
The Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case, with invaluable assistance from members of the North Slope Borough Police Department, the Alaska Health Care Fraud Task Force, the U.S. Department of Health and Human Services-Office of the Inspector General, Internal Revenue Service (IRS), U.S. Bureau of Land Management (BLM), Office of Law Enforcement and Security, Department of Natural Resources (DNR), Alaska State Parks Rangers, Alaska State Troopers, Anchorage Police Department, Alaska Medicaid Fraud Control Unit, and the State of Alaska Division of Insurance.
The Alaska Health Care Fraud Task Force (AHCFTF) is a partnership of local, state, federal, and private agencies focused on the investigation of health care fraud, waste, and abuse in Alaska or affecting Alaskan interests.
Florida Man Sentenced for Securities Fraud Scheme Worth over $9 MillionRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Jeffrey D. Martin, 64, of Orlando, FL, was sentenced to 78 months’ imprisonment and five years’ supervised release and fined $50,000 by United States District Court Judge Gerald Pappert for his participation in a conspiracy to artificially inflate the price of penny stock shares and sell them fraudulently to the public. Martin was also ordered to forfeit $3.5 million in ill-gotten gains.
In November 2020, Martin was charged for manipulating the stock of Mainstream Entertainment, Inc., now known as Volt Solar Systems, Inc., Resort Savers, Inc., Axiom Corp., Virtual Medical International, Inc., and Union Bridge Holdings, Ltd. In a “pump and dump” scheme, Martin and his co-conspirators published fraudulent press releases, filed fraudulent securities disclosures with the U.S. Securities and Exchange Commission, and conducted manipulative stock trading to artificially inflate the price of the stock. They then sold their shares at inflated prices, leading Martin to earn more than $989,000 in illicit proceeds from just one of the companies.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Paul G. Shapiro. The U.S. Attorney’s Office appreciates the assistance of the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority.
Florida Man Pleads Guilty to Impersonating Federal Officers in Nationwide Elder Fraud SchemeRead the Press Release
NEW ORLEANS – CHRISTOPHER L. KEEL, age 52, of Tampa, Florida, pleaded guilty on June 14, 2023 to conspiracy to commit wire fraud and false impersonation of an employee or officer of the United States, arising from his actions to defraud elderly victims in Louisiana and Washington State, announced U.S. Attorney Duane A. Evans. United States District Judge Ivan L.R. Lemelle scheduled KEEL’S sentencing for October 11, 2023.
According to court documents, KEEL was arrested on April 4, 2022, by Tangipahoa Parish Sheriff’s Office deputies in Hammond, Louisiana, while attempting to defraud a 77-year-old woman identified as “Victim A.” Deputies had received an earlier report from the victim’s son, that his mother had been contacted by people posing as U.S. Department of Treasury agents. These “agents” told Victim A that she should withdraw money from her bank accounts and send it to them for safekeeping because her accounts had been allegedly implicated in fraud or money laundering. Beginning in early March 2022, Victim A transferred approximately $60,000 via Green Dot cards to the “agents.” The agents also instructed Victim A to give an additional $60,000 to another “agent” on April 3rd. Victim A complied and handed over this sum to the “agent”, later identified as KEEL, at a mall in Hammond. The next day, the perpetrators called Victim A and instructed her to withdraw the remaining funds from her accounts and hand them over as well. Victim A’s bank contacted her son, who then called the police.
While deputies met with Victim A on April 4th, the “agents” called her again and gave her instructions to hand over the rest of her money. Deputies arranged a sting operation and arrested KEEL after he approached Victim A in the mall parking lot. Victim A identified KEEL as the same man she met with the prior day. Deputies seized a cell phone and hotel receipts from KEEL.
Agents with Homeland Security Investigations (HSI) continued the investigation and learned that KEEL and a co-conspirator, had both traveled to New Orleans within the past 48 hours on plane tickets purchased with the same credit card. They flew from Seattle, where agents identified another victim (“Victim B”). Victim B, a 76-year-old woman, had been defrauded of $300,000. A search of KEEL’S phone showed that he sent a photograph of a box with Victim B’s name and address on it. Victim B said she used this box to deliver her money to the “agent” she met with in Tukwila, Washington.
HSI Agents also identified another victim (“Victim C”), an 80-year-old woman living in Bossier Parish, Louisiana. Agents learned that Victim C had withdrawn $36,000 from her account because purported federal “agents” called and told her that her accounts had been compromised. However, prior to delivering the money, local police were contacted and waited at her home. Police observed a vehicle circle near Victim C’s house then depart. An officer recorded the vehicle’s license plate. Later, HSI Agents obtained rental records showing that the vehicle had been leased by a co-conspirator at the time of the attempted fraud.
The search of KEEL’S cell phone revealed his contacts with other co-conspirators dating back to 2021, and his travel to other states, including Texas and Oklahoma, to further the conspiracy. HSI and Federal Bureau of Investigation agents determined that, since October 2021, KEEL and his co-conspirators caused approximately $4,498,327 in actual and attempted losses to 31 victims located throughout the United States.
KEEL pleaded guilty to both counts of the superseding indictment pending in this case. As to Count 1, conspiracy to commit wire fraud, KEEL faces a maximum penalty of 20 years imprisonment, up to a $1,000,000.00 fine or the greater of twice the gross gain to the defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571, followed by up to three years of supervised release, and a mandatory $100 special assessment fee. As to Count 2, false impersonation of an officer or employee of the United States, KEEL faces a maximum penalty of three years of imprisonment, up to a $250,000.00 fine or the greater of twice the gross gain to the defendant or twice the gross loss to any person under Title 18, United States Code, Section 3571, followed by up to one year of supervised release, and a mandatory $100 special assessment fee.
U.S. Attorney Evans praised the work of the Homeland Security Investigations New Orleans Field Office in investigating this matter. U.S. Attorney Evans also thanked the Federal Bureau of Investigation (Detroit Field Office,) the Homeland Security Investigations (Seattle Field Office,) the Tangipahoa Parish Sheriff’s Office, and the Bossier Parish Sheriff’s Office for their assistance in this successful prosecution. Assistant U.S. Attorney Matthew R. Payne, Senior Litigation Counsel, is in charge of the prosecution.
Florida Man Convicted in Maryland After Six-Day Trial for Nationwide Scheme that Defrauded Elderly Victims of More Than $2.5 MillionRead the Press Release
Baltimore, Maryland – A federal jury convicted Eghosasere Avboraye-Igbinedion a/k/a “Ego” and “Ghost,” age 28, of Miramar, Florida, for a federal charge of conspiracy to commit mail fraud and four counts of mail fraud, in connection with a scheme in which he and his co-conspirators defrauded more than 85 elderly victims of more than $2.5 million. The verdict was returned on June 15, 2023, after a six-day trial.
The guilty verdict was announced by Erek L. Barron, United States Attorney for the District of Maryland and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“Avboraye-Ibginedion was part of a scheme that targeted elderly victims by falsely claiming that a grandchild was in trouble and needed money and convincing the victims to send them thousands of dollars,” said U.S. Attorney Erek L. Barron. “If you or someone you know is a victim of financial fraud, please report it by contacting the Elder Fraud Hotline at 833-FRAUD-11 (833-372-8311).”
“Sophisticated scams like this one take advantage of a grandparent’s relationship with their loved ones,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “The FBI is working to educate and protect victims as we identify and bring to justice those seeking to defraud our most vulnerable community members.”
According to the evidence presented at trial, from January 2018 through November 2019, Avboraye-Ibginedion was part of a conspiracy to defraud elderly victims by persuading them to send thousands of dollars in cash to members of the conspiracy, falsely stating that the money would be used to help the victims’ relatives pay legal or other expenses for crimes and other incidents that had not actually occurred. Conspirators targeted elderly victims throughout the United States, calling and posing as a police officer, lawyer, or other individual, falsely telling the victim that a relative, typically the victim’s grandchild, had been incarcerated in connection with a car accident or traffic stop involving a crime, and needed money—often tens of thousands of dollars—for bail, legal fees, and other expenses.
Witnesses testified that during the telephone calls, the conspirators directed victims to send cash to particular addresses via an overnight delivery service. The conspirators even posed as the victims’ relatives to further induce them to send the cash. Once the victims did send money, the conspirators called the victims asking for more cash, regularly obtaining tens of thousands of dollars from the retirement savings of victims. To prevent the victims from sharing the information with anyone, the conspirators told the victims that a “gag order” had been placed on the case requiring secrecy, or that the situation was embarrassing for the grandchild and they didn’t want anyone else to know about it.
The evidence proved that Avboraye-Ibginedion’s part in the scheme was to retrieve packages of cash sent by elderly victims and deliver the packages to a co-defendant, Medard Ulysse. Avboraye-Ibginedion and other conspirators traveled from Florida to Maryland and other states and identified residential locations where the cash should be sent, typically locations that were either vacant or for sale, so that no one would be at those locations at the time of the deliveries. Once the packages were delivered, Avboraye-Ibginedion and others retrieved the packages of cash. Avboraye-Ibginedion and other conspirators also relayed directions to other participants in the scheme about where and when to retrieve packages of cash. Avboraye-Ibginedion then delivered the packages to Ulysse or to other conspirators.
Avboraye-Ibginedion faces a maximum sentence of 20 years in federal prison for mail fraud conspiracy. U.S. District Judge Richard D. Bennett has not yet scheduled sentencing Avboraye-Ibginedion.
Co-defendant Medard Ulysse, age 38, most recently of Miami, Florida, was sentenced earlier this year to nine years in federal prison, for wire fraud and conspiracy to commit mail fraud in relation to multiple fraud schemes, including the elder fraud “grandparent” scam. Judge Bennett also ordered Ulysse to pay restitution totaling $2,485,512, of which $1,866,745 is for the elder fraud scam.
Reporting from consumers about fraud and fraud attempts is critical to law enforcement efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This Department of Justice 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 next steps, including identifying appropriate reporting agencies, providing information to callers to assist them in reporting or connecting them with agencies, and providing resources and referrals on a case-by-case basis. The hotline is staffed from 10:00 a.m. to 6:00 p.m. Monday through Friday. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov. Victims are encouraged to file a complaint online with the FBI’s Internet Crime Complaint Center at this website or by calling 1-800-225-5324.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation and thanked Canadian Sûreté du Québec for its assistance. Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Christine Goo, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help seniors, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/elder-justice-initiative.
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Federal Grand Jury Indicts Tonawanda Man on Production and Distribution of Child Pornography Charges and Destroying EvidenceRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury returned an indictment charging Michael E. Swain, 35, of Tonawanda, NY, with production and distribution of child pornography and corruptly altering, destroying, mutilating, or concealing evidence. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of 30 years, and a $250,000 fine.
Assistant U.S. Attorney Raymond J. Fadel, who is handling the case, stated that according to the indictment and a previously filed complaint, the Tonawanda Police Department received a report that a minor female was the victim of coercion involving Swain. The investigation determined that Swain had been communicating on the Discord social media app with the victim for a long period of time. At his request, the victim sent numerous images and videos of herself to Swain, including some sexually explicit images. At times, Swain would threaten to release the images to family and friends of the victim. Investigators executed a search warrant at Swain’s residence and seized a cell phone, thumb drive, desktop computer, laptop computer, and an SD card. According to the indictment, when investigators arrived to execute the search warrant, Swain allegedly factory reset his cell phone, which can cause the data that was on the device to be deleted and unrecoverable.
The indictment is the result of an investigation by the Tonawanda Police Department, under the direction of Chief James Stauffiger, the Federal Bureau of Investigation Buffalo Office Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the New York State Police, under the direction of Eugene Staniszewski.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Federal Grand Jury Indicts Kuttawa Man on Child Pornography ChargeRead the Press Release
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Rana Saoud of the Homeland Security Investigations (HSI) Nashville, and Sheriff Brent White of the Lyon County Sheriff’s Office made the announcement.
According to the indictment, Taylor Glass, 33, was charged with one count of possession of child pornography.
The defendant made an initial appearance on June 15, 2023, before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted the defendant faces a sentence of up to 20 years. There is no parole in the federal system.
HSI and the Lyon County Sheriff’s Office are investigating the case.
Assistant U.S. Attorney Leigh Ann Dycus, of the U.S. Attorney’s Paducah Branch Office, is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the 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 Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Grand Jury Indicts Hopkinsville Man for Methamphetamine TraffickingRead the Press Release
Paducah, KY – A federal grand jury in Paducah, Kentucky returned an indictment on June 13, 2023, charging a Hopkinsville man with methamphetamine trafficking.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky, Special Agent in Charge Ronald Yeatts of the United States Army’s Criminal Investigation Division (CID) at Fort Campbell, and Sheriff Tyler DeArmond of the Christian County Sheriff’s Office made the announcement.
According to the indictment, Stephen Antwain Taylor, 30, was charged with possessing with the intent to distribute more than 50 grams of methamphetamine.
Taylor made his initial court appearance before a U.S. Magistrate Judge in the Western District of Kentucky on June 15, 2023. If convicted, Taylor faces a mandatory minimum sentence of 10 years and a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the United States Army CID at Fort Campbell and the Christian County Sheriff’s Office, with the assistance of the DEA Paducah Post of Duty.
Assistant U.S. Attorney Leigh Ann Dycus, of the U.S. Attorney’s Paducah 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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Federal Grand Jury Indicts New Orleans Men for Federal Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – On Friday June 9, 2023, DANIEEL MUTIN, age 18, and JUAN MATTHEWS, age 21, both residents of New Orleans, Louisiana, were charged in a five-count indictment, announced U.S. Attorney Duane A. Evans.
In Count 1, MUTIN is charged with possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). If convicted of Count 1, MUTIN faces a maximum term of imprisonment of 20 years, up to a $1,000,000 fine, and at least three years of supervised release. In Count 2, MUTIN is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). If convicted of Count 2, MUTIN faces a mandatory minimum sentence of five years up to life imprisonment, to run consecutively to all other sentences, up to a $250,000 fine, and up to five years of supervised release.
In Count 3, MATTHEWS is charged with possession with intent to distribute marijuana and tapentadol, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and (b)(1)(D). If convicted of Count 3, MATTHEWS faces a maximum term of imprisonment of 20 years, up to a $1,000,000 fine, and at least three years of supervised release. In Count 4, MATTHEWS is charged with possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A). If convicted of Count 4, MATTHEWS faces a mandatory minimum sentence of five years up to life imprisonment, to run consecutively to all other sentences, up to a $250,000 fine, and up to five years of supervised release. In Count 5, MATTHEWS is charged with possession of a machinegun in violation of 18 U.S.C. §§ 922(o) and 924(a)(2). If convicted of Count 5, MATTHEWS faces a maximum term of imprisonment of 10 years, up to a $250,000 fine, and up to 3 years of supervised release. As to each count, MATTHEWS faces payment of a mandatory special assessment fee of $100..
U. S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. Assistant United States Attorney Sarah Dawkins of the Violent Crime Unit is in charge of the prosecution.
El Departamento de Justicia halla vulneraciones de los derechos civiles por parte de la Policía de Minneapolis y la Ciudad de MinneapolisRead the Press Release
Tras una investigación integral, el Departamento de Justicia anunció hoy que la Policía de Minneapolis («MPD», por sus siglas en inglés) y la Ciudad de Minneapolis (Ciudad) han incurrido en un patrón o una práctica de conducta que vulnera la Constitución de los EE. UU. y las leyes federales. El Departamento anunció además que la Ciudad y la MPD han acordado, en principio, resolver los hallazgos del Departamentos mediante una orden de consentimiento ejecutable por los tribunales con un asesor de cumplimiento técnico independiente en vez de entrar en litigio contencioso.
En concreto, el Departamento de Justicia halló que la MPD:
- Emplea fuerza excesiva, lo que incluye la fuerza letal no justificada y el uso irrazonable de pistolas paralizantes;
- Discrimina de manera ilícita contra personas negras y nativas indígenas en sus actividades de aplicación de la ley, incluyendo el uso de fuerza después de una parada;
- Infringe en los derechos de personas que están ejerciendo su derecho de expresión protegida; y
- Junto con la Ciudad, discrimina contra personas con discapacidades de salud del comportamiento a la hora de responder a llamadas de auxilio.
El Departamento identificó y concluyó que las deficiencias continuas en las políticas, capacitación, supervisión y rendición de cuentas contribuyen a la conducta ilegal.
«La muerte de George Floyd tuvo un impacto irrevocable en su familia, en la comunidad de Minneapolis, en nuestro país y en el mundo», afirmó el Fiscal General Merrick B. Garland. «Los patrones y prácticas de conducta que el Departamento de Justicia observó durante nuestra investigación son profundamente inquietantes. Minan la confianza de la comunidad en las autoridades policiales. Y hacen posible lo que le pasó a George Floyd. Hoy hemos acabado nuestra investigación, pero este es solo un primer paso. Seguiremos colaborando con la Ciudad y la MPD con el fin de garantizar que los agentes de la MPD dispongan de apoyo y los recursos que necesitan para hacer su trabajo de una manera eficaz y legal, a medida que vayamos trabajando juntos hacia una reforma significativa y duradera».
«Yo sé que esta comunidad todavía sufre y que el anuncio de hoy posiblemente ha vuelto a abrir viejas heridas», comentó la Fiscal General Asociada, Vanita Gupta. «El Departamento de Justicia se ha comprometido a trabajar con Minneapolis a caminar hacia adelante, hacia una vigilancia policial constitucional y una mayor confianza entre la policía y la comunidad. Juntos podemos construir una Minneapolis que protege los derechos, la seguridad y la dignidad de todos».
«Cada estadounidense merece una vigilancia policial justa, equitativa y no discriminatoria», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Las manifestaciones que tuvieron lugar por todo Minneapolis y el país resaltan la urgencia de nuestros esfuerzos por asegurar que las policías respeten los derechos constitucionales a la vez que obtengan la confianza pública. Nosotros apoyaremos a la gente de Minneapolis a medida que implementemos reformas duraderas y permanentes».
«Estos hallazgos muestran una imagen solemne de un sistema fallido, pero hoy giramos hacia el cambio a través de la justicia», dijo la Primera Fiscal Federal Auxiliar para el Distrito de Minnesota, Ann Bildtsen. «Esta investigación a fondo constituye la base para convertir en realidad, para toda la comunidad, una vigilancia policial justa y legal».
La Ciudad y la MPD cooperaron plenamente con la investigación del Departamento de Justicia. El Departamento proporcionó a la Ciudad y la MPD un informe escrito integral de sus hallazgos investigativos. El informe reconoce los cambios ya implementados por la Ciudad y la MPD, y también identifica medidas correctivas adicionales que el Departamento cree que son necesarias para abordar sus hallazgos en su totalidad.
El Departamento inició esta investigación el 21 de abril del 2021. La investigación fue llevada a cabo por abogados de carrera y personal de la Sección de Litigios Especiales de la División de Derechos Civiles y la División Civil de la Fiscalía Federal para el Distrito de Minnesota. El equipo realizó varias visitas guiadas de las instalaciones de la MPD; entrevistó a agentes, supervisores, y personal de comando de la MPD; habló con oficiales y empleados de la Ciudad; acompañó a agentes y al personal de respuesta en sus vehículos; revisó miles de documentos y observó miles de horas de grabaciones provenientes de cámaras corporales. Asimismo, los abogados y personal del Departamento también se reunieron con miembros comunitarios, defensores, proveedores de servicios y otras partes interesadas del área de Minneapolis.
El Departamento realizó esta investigación de acuerdo con la Sección 12601 del Título 34 del Código de los EE. UU. (Sección 12601), que prohíbe que los policías incurran en un patrón o una práctica de conducta que prive a las personas de derechos amparados por la Constitución o las leyes federales, la ley de Calles Seguras de 1968, el Título VI de la ley de Derechos Civiles de 1964 o el Título II de la ley de Estadounidenses con Discapacidades.
Los hallazgos que se anunciaron hoy son el resultado de la investigación de patrón o práctica y son separados de los casos penales del Departamento contra exagentes de la MPD por delitos federales que se cometieron en conexión con la muerte de George Floyd.
El Departamento se comunicará con miembros de la comunidad de Minneapolis para pedir comentarios sobre medidas correctivas que aborden los hallazgos del Departamento. Las personas pueden también someter sus recomendaciones por correo electrónico a [email protected] o por teléfono al 1-866-432-0268.
Esta es una de ocho investigaciones de agencias de aplicación de la ley que se han iniciado durante esta Administración por la División de Derechos Civiles del Departamento de Justicia, en virtud de la Sección 12601. El Departamento tiene pendiente otras investigaciones en curso de la Policía de Phoenix; la Policía de Mount Vernon; la Policía Estatal de Louisiana; la División de Víctimas Especiales de la Policía de New York; la Policía de Worcester; y la Policía de Oklahoma City. Durante el último año, el Departamento ha publicado informes de hallazgos en virtud de la Sección 12601 en conexión con la Policía Metropolitana de Louisville, así como la Fiscalía y el Departamento del Sheriff del Condado de Orange.
Información adicional sobre la División de Derechos Civiles del Departamento de Justicia está disponible en su sitio web en www.justice.gov/crt. Para más información sobre la Fiscalía Federal para el Distrito de Minnesota, vaya a www.justice.gov/usao-mn.
Para información específica sobre el trabajo de reformación policíaca de la División de Derechos Civiles, vaya a: https://www.justice.gov/crt/file/922421/download.
El Departamento de Justicia realizará una presentación virtual sobre los hallazgos a las 5:00 de la tarde, Hora Central. Se anima a los miembros del público a asistir para aprender más sobre los hallazgos. Puede unirse a la reunión aquí.