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20 June 2023
Charleston Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Fontaine Akeem Nelson, 27, of Charleston, was sentenced today to two years in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on April 8, 2022, law enforcement officers responded to a report of a motorist passed out behind the wheel of a vehicle near the West Virginia Capitol Complex. Officers encountered Nelson in the passenger seat of the vehicle along with a loaded .380-caliber model Walther PK380 pistol. Nelson admitted to possessing the firearm.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Nelson was prohibited from possessing a firearm because of his prior felony convictions for possession with intent to distribute heroin on September 30, 2021, and attempted burglary and conspiracy to distribute marijuana on July 27, 2018, all in Kanawha County Circuit Court.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Julie M. White prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-153.
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Camden Men Who Murdered Pawn Shop Owner During Robbery Sentenced to Life in PrisonRead the Press Release
LITTLE ROCK—Two men who ended the life of a Pine Bluff pawn shop owner will spend the rest of their lives in a federal prison. On Tuesday, United States District Judge James. M. Moody, Jr., sentenced Daryl Strickland, Jr., 26, of Camden, and Rodney Henry, 25, also of Camden, each to sentences of life imprisonment.
Strickland, Jr., and Henry each pleaded guilty to discharging a firearm in furtherance of a crime of violence that resulted in murder following an incident that led to the death of Brandon McHan, the owner of Wise Buck Pawn Shop in Pine Bluff. During the same incident another store employee, Jason Booth, was shot in the face and severely wounded. The pair went on to rob a gas station at gun point an hour later. There is no parole in the federal system.
“The senseless, despicable, and evil murder of Brandon McHan and attempted murder of Jason Booth rendered an incalculable loss for the McHan and Booth families, and the communities of White Hall and Pine Bluff,” Jonathan Ross, United States Attorney for the Eastern District of Arkansas, said. “We are grateful that Judge Moody’s pronouncements of life sentences for both defendants guarantee that no one else will be victimized by Mr. Strickland or Mr. Henry again. Our office remains committed to working with our federal, state, and local partners to prosecute federal cases involving violent crime throughout the Eastern District of Arkansas any time doing so is in the best interest of our communities.”
“This was a tragic case that hit close to home, as ATF works closely with thousands of federal firearms licensees like Mr. McHan,” said Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Special Agent in Charge Anthony Spotswood. “Federal firearms licensees play a valuable role in making sure firearms are sold legally and kept out of the hands of prohibited individuals. We are proud of this collaborative effort and hope this sentence brings some peace to the family and the community.”
The investigation revealed and the defendants admitted that on November 12, 2018, at 5:22 p.m., Strickland Jr. and Henry knocked on the front door of Wise Buck Pawn Shop in Pine Bluff and asked if the store was still open. McHan told Strickland, Jr., and Henry through the locked front door that the store was closed for the night. The two then appeared to leave the area as McHan and Booth continued closing the store.
Soon after, when McHan and Booth had exited out the front door to start their cars and then returned to the store, Strickland, Jr., and Henry entered the threshold of the pawn shop. Strickland, Jr., fired several gunshots, striking both employees. Strickland, Jr., and Henry then retreated from the entrance of the store, but two minutes later, both returned to the front door and Strickland, Jr., again began shooting into the pawn shop. When McHan and Booth attempted to fire back, Strickland, Jr., retreated and Henry fired multiple gunshots into the pawn shop. Strickland, Jr., returned to the doorway of the pawn shop and fired more gunshots inside. Strickland, Jr., and Henry then left the scene.
Pine Bluff Police Department officers responded to the shooting at Wise Buck Pawn Shop and McHan and Booth were transported from the scene to Jefferson Regional Medical Center in Pine Bluff. McHan died from his injuries, which included three gunshot wounds. Booth was shot in the face near the chin area and the bullet exited through his neck, and he survived.
Approximately one hour after the incident at Wise Buck Pawn Shop, Strickland, Jr., and Henry entered the Alon gas station in Pine Bluff and held up the store clerk at gun point. Henry, while pointing a firearm at the store clerk, went behind the counter and emptied the cash register. Strickland, Jr., remained at the front of the counter, also holding the clerk at gunpoint. In addition to $800, Henry stole the store clerk’s firearm.
Strickland, Jr., and Henry were arrested and charged in connection with these two incidents on December 4, 2018. They were then indicted by a federal grand jury on October 3, 2019, on multiple charges stemming from both incidents, including interference, attempt to interfere, and conspiracy to interfere with commerce by robbery, brandishing a firearm in furtherance of a crime of violence, and murder while discharging a firearm in furtherance of a crime of violence.
Strickland, Jr., eventually pleaded guilty on August 19, 2022, to a superseding information charging him and Henry with discharging a firearm during and in relation to a crime of violence that resulted in the death of a person through the use of the firearm, which killing is murder. Henry pleaded guilty to the same charge on September 27, 2022.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pine Bluff Police Department. Assistant United States Attorneys Kristin H. Bryant and Benecia Moore 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
Costa Rican Man Pleads Guilty to Conspiracy to Transport MarijuanaRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Luis Antonio Orellana-Orellano, 69, of Costa Rica, pleaded guilty before U.S. Magistrate Judge Emile A. Henderson, III, to conspiracy to transport approximately 4,000 pounds of marijuana onboard a vessel subject to the jurisdiction of the United States. Magistrate Judge Henderson scheduled Orellana-Orellana’s sentencing hearing for October 21, 2023, where he faces a maximum of 20 years imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, on November 7, 2022, the United States Coast Guard Cutter (USCGC) Campbell observed a go-fast vessel while patrolling in international waters approximately 65 nautical miles South of Boca Chica, Panama. USCGC Campbell intercepted the go-fast vessel “Agamenon” which had no physical flag flown, no registration documents, nor registration number painted on its hull. Bales of contraband was visible on the deck of the vessel along with three occupants, including Orellana-Orellana. The master of the Agamenon claimed Colombian nationality for the vessel, but Colombia neither confirm nor deny nationality of the vessel. The Almamenon was therefore treated as a vessel without nationality subjecting it to the jurisdiction of the United States. A search of the vessel revealed approximately 57 bales of suspected marijuana weighting 4,104 pounds. Drug Enforcement Administration laboratory testing subsequently confirmed that the substance seized was marijuana. The remaining occupants of the Agamenon, Keyran Coto Lopez and Alonso Hernandez-Hernandez, are detained pending trial in this matter.
This case was investigated by U.S. Coast Guard and the Drug Enforcement Administration and is being prosecuted by Assistant United States Attorney Melissa P. Ortiz. 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.
Bronx Man Charged with Early-Afternoon Shooting on Bronx StreetRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced today that LENNY REYES was charged with being a felon in possession of ammunition during a shooting that occurred on the afternoon of March 8, 2023, near the intersection of East 167th Street and Sherman Avenue in the Bronx. REYES was transferred to federal custody this morning and was presented today before U.S. Magistrate Judge Gabriel W. Gorenstein.
U.S. Attorney Damian Williams said: “As alleged, Lenny Reyes fired at a group of individuals outside a bodega in the Bronx, provoking a gunfight and endangering the lives of his intended victims and other bystanders. Thanks to the swift action of the prosecutors of this Office and our law enforcement partners, the defendant is now being held accountable for his reckless actions.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, Reyes recklessly endangered the lives of others when he fired a gun in the direction of another individual in the Bronx on March 8, 2023. As a previously convicted felon, Reyes was not permitted to possess ammunition, and, as today’s action demonstrates, the FBI and our NYPD partners will continue to hold accountable those who put others’ lives at risk and violate our firearms laws.”
NYPD Commissioner Keechant L. Sewell said: “The alleged violent and dangerously reckless actions of this defendant will never be tolerated in New York City. Illegal guns are a grave threat to our public safety, and the NYPD works tirelessly to ensure that the people who carry and shoot them are held accountable. I want to thank the U.S. Attorney’s Office for the Southern District of New York, the New York Field Office of the FBI, and everyone else who aided in this investigation and arrest.”
According to the allegations contained in the Complaint:[1]
On or about March 8, 2023, REYES ran toward a group of people assembled on the sidewalk near 1217 Sherman Avenue in the Bronx. Video footage from the scene shows REYES running towards the group with a handgun pointed at them. The group began to flee. REYES fired the handgun in the direction of an individual located behind a car parked on the side of Sherman Avenue. A still image of REYES firing the shot is below:
REYES’s gun then appeared to malfunction, and he fled the scene as another individual fired six shots at him.
A shell casing discharged by REYES’s gun was recovered from the ground at the scene of the shooting. REYES was not permitted to possess ammunition because of prior felony convictions.
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LENNY REYES, 43, of the Bronx, New York, is charged with possessing ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison.
The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Williams praised the outstanding work of the FBI and NYPD. Mr. Williams also thanked the Bronx County District Attorney’s Office for their assistance in this case.
The case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Henry Ross is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Reyes ComplaintBronx Man Charged in Connection with Shooting at NYPD OfficersRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced charges against ANTHONY GOMEZ alleging that on June 16, 2023, he fired a 9mm bullet at NYPD officers in broad daylight on a busy street in the Bronx while he was on leave from a federal halfway house where he was completing his sentence for armed robbery. Following the shooting, GOMEZ hid inside of a residential building, and eight hours later, he was arrested by the NYPD. GOMEZ was presented today before U.S. Magistrate Judge Gabriel W. Gorenstein.
U.S. Attorney Damian Williams said: “As alleged, the defendant fired a loaded firearm aimed at officers of the NYPD. At that time, he was on leave from the halfway house at which he was completing his federal sentence for other violent felony offenses involving firearms. Worse still, the defendant allegedly committed this shooting in the bright light of a summer Friday night while numerous New Yorkers, including young children and families, were on the sidewalk and had to duck and run for safe cover. Anyone who brings gun violence to our community and targets law enforcement officers who work hard every day to keep New Yorkers safe will be prosecuted to the full extent of the law.”
NYPD Commissioner Keechant L. Sewell said: “By allegedly escaping from federal custody and brazenly shooting a gun at uniformed NYPD officers in broad daylight on a busy Bronx street, this repeat criminal has proven that he is a dangerous threat to our community. I commend the work of our courageous NYPD officers in arresting and removing this violent felon from our streets, and the Office of the U.S. Attorney for the Southern District of New York for its work in prosecuting this case.”
According to the allegations in the Complaint:[1]
NYPD officers witnessed GOMEZ attempting to hide a firearm in the front-right wheel well of a vehicle parked on a residential street in the Bronx. When he realized he had been caught, GOMEZ grabbed the gun and tried to run from police. Still images from surveillance footage are below:
While attempting to flee, GOMEZ came upon additional NYPD officers, pointed the firearm at them several times, and fired a shot at them. Below are stills from surveillance video of the shooting in which the NYPD officers are circled in yellow in the first image, and GOMEZ is circled in red in the second image.
After shooting the firearm at NYPD officers, GOMEZ continued to flee, hid inside a residential building, and was subsequently arrested by NYPD outside of a neighboring building with a rooftop that connects to the residential building in which GOMEZ hid.
Below are photographs of the shell casing of the 9mm luger bullet fired by GOMEZ and the deformed fired bullet lodged in the door frame of a vehicle that was parked on the street during the shooting.
GOMEZ was not permitted to possess ammunition because of his prior federal convictions for conspiracy to commit Hobbs Act robbery and using, carrying, and possessing a firearm during a crime of violence.
GOMEZ committed this shooting while he was away on an approved pass from the halfway house at which he was residing. GOMEZ failed to return to the halfway house before his designated curfew and is thus considered to have escaped from federal custody.
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GOMEZ, 33, of the Bronx, New York, is charged with possession of ammunition after a felony conviction, which carries a maximum sentence of 15 years in prison, and escape from custody, which carries a maximum sentence of five years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the NYPD and thanked the United States Marshals Service and the Bronx County District Attorney’s Office for their assistance.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Chelsea L. Scism is in charge of the prosecution.
The charges contained in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
U.S. v. Gomez ComplaintBaldwin County Woman Sentenced to over Eleven Years Imprisonment for Methamphetamine TraffickingRead the Press Release
Theresa Louise Border, of Foley, was sentenced on June 14, 2023, to one hundred and forty one months imprisonment for methamphetamine trafficking. The sentence was handed down by United States District Court Judge Callie V. Granade. Border had pled guilty to conspiracy to possess with the intent to distribute methamphetamine.
Documents filed with the guilty plea established that over approximately an eight-month period in 2020, Border had purchased over 100 ounces of methamphetamine from a co-conspirator. Border also contributed money for the purchase of one kilogram of methamphetamine by the same co-conspirator however the kilogram of methamphetamine was seized by law enforcement before Border could receive her share.
After the source of supply for the one kilogram of methamphetamine was arrested, Border cultivated another source of supply for methamphetamine in Pensacola, Florida. Border dealt with this source for more than a year until her arrest in January 2022. During this one-year period Border purchased one ounce of methamphetamine per week from the source. On January 22, 2022 Border was arrested by Baldwin County Sheriff’s Deputies after purchasing 4 ounces of methamphetamine from the source of supply. On this occasion Border and three of her drug associates put their money together to purchase the 4 ounces that were seized on this date. The three friends that contributed to the purchase included a co-defendant, Heidi Norful.
U.S. Attorney Sean P. Costello commended the outstanding work of the federal and state law enforcement agencies involved in investigating this case and presenting it for federal prosecution. Costello added that the methamphetamine trade continues to destroy communities and his office will continue to aggressively prosecute those who choose to traffic the drug.
This case was investigated by the Drug Enforcement Administration and the Baldwin County Sheriff’s Office. The case was prosecuted by Assistant United States Attorney George F. May.
Bakersfield Man Sentenced for Transferring Obscene Material to a MinorRead the Press Release
FRESNO, Calif. — Alexis Rudy Reyes, 29, of Bakersfield, was sentenced today to 21 months in prison and fined $5,000 for transferring obscene material to a minor, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in April and May 2017, Reyes engaged in electronic video and messaging communications with the victim in this case, who was just eight years old. In those communications Reyes threatened to kill the victim’s mother if the victim did not take off her clothes while he watched. Reyes then proceeded to have multiple video chats with the victim in which the victim took off her clothing, and Reyes then exposed himself to the victim while manipulating his private parts.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney David Gappa prosecuted 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Arapahoe Man Charged with Assault by StrangulationRead the Press Release
Charles Edward Wallowingbull Jr., age 35, of Arapahoe, Wyoming, appeared for arraignment on June 5, 2023, before U.S. Magistrate Judge Teresa M. McKee. Wallowingbull pleaded not guilty to assault by strangulation. A trial has been set for August 7, 2023.
If convicted on all counts, Wallowingbull faces up to 10 years’ imprisonment with three years of supervised release, up to a $250,000 fine, and a $100 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This crime is being investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. The case is being prosecuted by Assistant U.S. Attorney Timothy W. Gist.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Case No. 23-CR-00077
Another cocaine trafficker heads to prisonRead the Press Release
McALLEN, Texas – A 27-year-old Alton resident has been sent to prison for conspiracy to possess with the intent to distribute 22 kilograms of cocaine, announced U.S. Attorney Alamdar S. Hamdani.
Jesus Roberto Reyes-Gutierrez pleaded guilty April 6.
Today, U.S. District Judge Randy Crane ordered Reyes-Gutierrez to serve 120 months in federal prison to be immediately followed by five years of supervised Reyes-Gutierrez’s prior criminal convictions in federal court and the amount of narcotics Reyes-Gutierrez had when apprehended.
On July 6, 2022, Reyes-Gutierrez was traveling on Highway 77 in Bishop driving a black Jeep Grand Cherokee. Authorities conducted a traffic stop after observing the vehicle commit a minor moving violation.
A subsequent search of the vehicle revealed 20 packages of cocaine weighing approximately 22 kilograms. The drugs had an approximate street value of over $500,00 at the time of arrest.
At the time of the plea, Reyes-Gutierrez admitted she drove to Mexico to pick up the narcotics. She returned to the United States through the Anzalduas Port of Entry and traveled north of the Rio Grande Valley.
Reyes-Gutierrez will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Drug Enforcement Administration conducted the investigation with the assistance of Nueces County Constables Office. Assistant U.S. Attorney Peter I. Brostowin prosecuted the case.
A Former Concord Man Sentenced to 3 Years in Federal Prison for Distributing FentanylRead the Press Release
CONCORD – A former Concord man was sentenced today in federal court for possessing fentanyl and cocaine, and distributing fentanyl in New Hampshire, U.S. Attorney Jane E. Young announces.
Juan Abud, 39, was sentenced by U.S. District Court Judge Joseph N. Laplante to 36 months in prison and 2 years of supervised release. On February 23, 2023, Abud pleaded guilty to two counts of distribution of fentanyl and one count of possession with intent to distribute fentanyl and cocaine.
“The defendant will serve a lengthy sentence for dealing dangerous drugs in New Hampshire,” said U.S. Attorney Jane E. Young. “His incarceration should serve as a warning to those that traffic controlled substances across state lines that law enforcement in New Hampshire will investigate and prosecute these crimes to the greatest extent that we can.”
On both January 4 and January 10, 2022, Abud sold 50 grams of fentanyl to a cooperating source. Following the sale on January 10, Abud was observed by law enforcement in Lawrence, Massachusetts with an unidentified male carrying a bag. When Abud returned to New Hampshire later that day, Law enforcement stopped his vehicle and seized 683 grams of fentanyl and 140 grams of cocaine. Abud was arrested on September 7, 2022 in Concord, New Hampshire. At the time of his arrest, law enforcement seized a .45-caliber Ruger handgun with a magazine and nine bullets, as well as 150 grams of cocaine, 17 grams of fentanyl, 13.8 grams of methamphetamine, and 4.3 grams of cocaine base from Abud’s vehicle.
The New Hampshire State Police Narcotics Unit led the investigation. Assistant U.S. Attorney John J. Kennedy prosecuted the case.
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18 June 2023
Two Sioux Falls Men Sentenced to Nearly 12 Years and Four Years, Respectively, in Federal Prison for Roles in Fraud and Money Laundering SchemesRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Karen E. Schreier has sentenced two men from Sioux Falls, South Dakota, each convicted of Conspiracy to Launder Monetary Instruments. The sentencings took place on June 12 and 15, 2023, in Sioux Falls, South Dakota.
Antyon Hamilton Hogan, age 25, was sentenced to 11 years and eight months in federal prison, followed by three years of supervised release. He was ordered to pay $563,127.06 in restitution, to forfeit his interest in money and personal property, as well as to pay $100 a statutorily required special assessment to the Federal Crime Victims Fund.
Cameron Terrill Hardiman, age 43, was sentenced to four years in federal prison, followed by three years of supervised release. He was ordered to pay $563,127.06 in restitution, to forfeit his interest in money and personal property, as well as to pay $100 a statutorily required special assessment to the Federal Crime Victims Fund.
Four co-defendants were previously sentenced in this case:
- Marvin Antuan Williams, age 32, was sentenced to nine years in federal prison;
- Keyvon Hamilton Hogan, age 22, was sentenced to two years in federal prison;
- Emilio Herrera, age 22, was sentenced to two years of probation; and
- Giovanni Hamilton Hogan, age 23, was sentenced to two years of probation.
In announcing these sentences U.S. Attorney Ramsdell stated, “This office will continue to pursue justice on behalf of the multiple individuals and financial institutions adversely impacted by these crimes. The sentences handed down in this case demonstrate the serious nature of these crimes and are a reflection of the hard work and cooperation of our state and federal law enforcement partners.”
“The sentencings and judgments imposed today against Mr. Hogan and his co-conspirators demonstrate that individuals who engage in these types of financial crime will be held accountable,” said Jamie Holt, Homeland Security Investigations St. Paul Special Agent in Charge. “The hours spent by agents to ensure a successful prosecution is a testament that HSI and our law enforcement partners are closely investigating criminal schemes for illicit financial gain.”
“Mr. Hogan and his co-conspirators engaged in a variety of financial crimes that included stealing checks from mailboxes and bank accounts,” said IRS Criminal Investigation Special Agent in Charge Thomas F. Murdock, St. Louis Field Office. “The diligent pursuit of this group of thieves by IRS-CI and our law enforcement partners disrupted the scheme and brought them to justice.”
All six co-defendants were indicted for Conspiracy to Commit Bank Fraud and Conspiracy to Launder Monetary Instruments by a federal grand jury in April of 2022. According to court documents, from 2020 to April of 2022, Antyon Hamilton Hogan, Hardiman, their four co-defendants, conspired with others to commit bank fraud. The scheme impacted multiple financial institutions throughout the Sioux Falls area and elsewhere, as the defendants obtained money from those banks by means of false or fraudulent pretenses, representations, and promises.
After obtaining funds through fraud, the co-conspirators engaged in depositing, transferring, wiring, and withdrawing currency and funds at financial institutions to conceal and disguise the proceeds of the fraud scheme.
This case was investigated by the Internal Revenue Service Criminal Investigation; Department of Homeland Security, Homeland Security Investigations; U.S. Customs and Border Protection; Sioux Falls Police Department; U.S. Postal Service; and South Dakota Highway Patrol. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Antyon Hamilton Hogan and Hardiman were remanded to the custody of the U.S. Marshals Service to continue serving their respective terms of imprisonment.
16 June 2023
Woman Pleads Guilty to Murder ConspiracyRead the Press Release
An Illinois woman pleaded guilty today for her role in a conspiracy to murder her mother while they vacationed in Bali, Indonesia, in August 2014.
According to court documents, Heather Mack, 27, originally from Chicago, and her boyfriend, Tommy Schaefer, conspired to kill Mack’s mother while Mack and her mother vacationed in Bali. Mack arranged for Schaefer to travel to Bali using her mother’s credit card. After Schaefer arrived, Mack and Schaefer exchanged a series of text messages about how and when to kill Mack’s mother, which included a discussion about suffocating or beating the victim. Shortly after these text messages were exchanged, on Aug. 12, 2014, Schaefer entered her mother’s hotel room and, while Mack was present, brutally beat and killed Mack’s mother. Mack and Schaefer then placed the victim’s body into a suitcase and tried to leave the hotel in a taxi. When the driver of the taxi refused to accept their fare, Mack told hotel employees that she was going to go call her mother. Mack and Schaefer then fled the hotel and abandoned the suitcase containing the victim’s body in the taxicab. Mack and Schaefer were arrested by Indonesian police at another hotel in Bali the day after the murder.
In 2015, Mack and Schaefer were convicted in Indonesia of local criminal charges related to the murder. Mack was sentenced to 10 years in prison and released after serving seven years. Schaefer was sentenced to 18 years in prison and currently remains imprisoned in Indonesia. In November 2021, upon arrival in the United States, Mack was arrested on U.S. federal charges relating to the murder. Schaefer was also charged in the U.S. indictment, and those charges remain pending against him.
Mack pleaded guilty to one count of conspiracy to kill a U.S. national. She is scheduled to be sentenced on Dec. 18 and faces a maximum penalty of 28 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Morris Pasqual for the Northern District of Illinois, and Special Agent in Charge Robert W. “Wes” Wheeler Jr. of the FBI Chicago Field Office made the announcement.
Senior Trial Attorney Frank Rangoussis of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Ann Marie Ursini for the Northern District of Illinois are prosecuting the case.
Valuable assistance was provided by the Justice Department’s Office of International Affairs, as well as the FBI Legal Attaché Office in Jakarta, Indonesia.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
West Palm Beach Man Pleads Guilty to Laundering, Gambling, and Prostitution Proceeds, and Evading TaxesRead the Press Release
MIAMI — A West Palm Beach man has pleaded guilty to operating an illegal sports gambling business, conspiring to commit money laundering, using a facility of interstate commerce to carry on prostitution activities, and tax evasion. As part of his guilty plea, Dion De Cesare, 53, has agreed to forfeit to the United States two commercial properties, five condos, six vehicles, a Rolex watch, and approximately $93,000 in criminal proceeds.
During a hearing before United States Magistrate Judge Bruce E. Reinhart, De Cesare admitted that from around April 2008 to November 2022, he owned two social clubs: Whispers All Girls Staff and NXT. During various times, the businesses provided an array of prostitution services regularly to its customers. De Cesare collected the proceeds from those businesses and laundered them through third party bank accounts and the payment of mortgages and expenses owed on several of his properties in West Palm Beach.
De Cesare also admitted that from about May 20, 2015 to October 2022, De Cesare also operated an online sports gambling business through a website whose server was located in Costa Rica. De Cesare laundered the gambling proceeds by having the gamblers send their debt payments to third party individuals and entities for De Cesare’s benefit.
Finally, De Cesare admitted that from 2011 to 2017, he owned Renegades, a restaurant and nightclub in West Palm Beach. From various times between 2011 and 2013, and from 2015 to 2016, De Cesare failed to pay personal and payroll taxes. De Cesare has agreed to pay $1,177,438.65 in restitution to the IRS.
De Cesare is scheduled to be sentenced before United States District Court Judge Robin L. Rosenberg later this year. He faces 20 years in prison on the conspiracy charge, and five years on the gambling, prostitution, and tax charges. In total, De Cesare is facing a maximum sentence of 35 years in prison, 12 years’ supervised release, and a $1,000,000 fine – all in addition to restitution.
U.S Attorney Markenzy Lapointe for the Southern District of Florida; Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI), Miami; Sheriff Ric Bradshaw of Palm Beach County Sheriff’s Office (PBSO); and Special Agent in Charge Matthew D. Line of the IRS Criminal Investigation (IRS-CI), Miami Field Office, made the announcement.
HSI West Palm Beach Office, PBSO, and IRS-CI investigated the case. Assistant U.S. Attorney Mark Dispoto and Trial Attorney Francesca Bartolomey of the Justice Department’s Tax Division are prosecuting it. Assistant U.S. Attorneys Peter Laserna and William T. Zloch are handling asset forfeiture.
You may find related court documents and information on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 21-cr-80188.
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Washington County Man Sentenced for Cocaine DistributionRead the Press Release
ALBANY, NEW YORK – Victor Aguero Vasquez, age 48, of Granville, New York, was sentenced today to 130 months in prison for conspiring to distribute and possess with intent to distribute over 5 kilograms of cocaine, and possessing firearms in furtherance of his drug distribution operation. United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
As part of his previously entered guilty plea, Vasquez admitted that between November 2018 and September 2019, he obtained at least 5 kilograms of cocaine from his New York City-based drug supplier that he then sold to cocaine redistributors in the Northern District of New York. The defendant also admitted to possessing multiple firearms in a shed behind his home to protect over 1 kilogram of cocaine that was stored with the firearms.
Senior United States District Judge Frederick J. Scullin, Jr. also sentenced Vasquez to a 4-year term of supervised release to begin after imprisonment.
Nestor Cordero-Hernandez pled guilty in March 2020 to conspiring with Vasquez to distribute more than 500 grams of cocaine and more than 50 grams of methamphetamine, and was sentenced in July 2020 to 87 months in prison.
William Gonzalez pled guilty in August 2020 to conspiring with Vasquez to distribute more than 5 kilograms of cocaine. Sentencing is scheduled for July 13, 2023 before United States District Judge Glenn T. Suddaby.
DEA investigated this case and Assistant U.S. Attorney Ashlyn Miranda prosecuted this case.
U.S. Attorney’s Office hosts United Against Hate meeting in MissoulaRead the Press Release
MISSOULA — The U.S. Attorney’s Office held its second United Against Hate event today in Missoula with a meeting of federal and local law enforcement representatives and members of the LGBTQI+ community, U.S. Attorney Jesse Laslovich said.
United Against Hate is an initiative launched by the Department of Justice focused on improving the prevention of hate crimes and hate incidents by building relationships at the local level. Through this initiative, the Justice Department seeks to create and strengthen partnerships among law enforcement, community leaders and residents.
“Our United Against Hate Initiative is a reflection of the United States Department of Justice’s priority to bring people together to discuss how we can work collaboratively to fight hate crimes and prevent violence. It is timely and appropriate to hold this meeting during Missoula PRIDE’s celebrations so we can hear directly from the LGBTQI+ community and people of Missoula. No one should be violently targeted because of their gender identity or who they love and if they are, our office will not hesitate to hold them accountable. Earlier this week, a Basin man was sentenced to 18 years in prison for federal hate and firearm convictions after firing bullets into the home of a Basin woman because she identified as an LGBTQI+ community member. We are determined to protect the civil rights of all Montanans and to ensure all of us, regardless of our sexual orientation or gender identity, have equal protection under law,” U.S. Attorney Laslovich said.
The meeting, held at the University of Montana Alexander Blewett III School of Law, provided an opportunity for members of the LGBTQI+ community to have a better understanding of hate crimes and hate incidents, how to report them to law enforcement and to learn about available resources.
Speakers at the Missoula event included U.S. Attorney Laslovich and Assistant U.S. Attorney Paul Vestal, civil rights coordinator for the office. In addition, the event featured a panel discussion and question and comment session that included U.S. Attorney Laslovich, FBI Supervisory Special Agent Charles Sampson, U.S. Department of Housing and Urban Development’s Equal Opportunity Lead Specialist Kate Boyd, Missoula Police Department Detective and LGBTQI+ Liaison Ethan Smith, Missoula County Attorney Chief Deputy Matt Jennings and the University of Montana’s Associate Vice President of Conflict, Resolution and Policy Alicia Arant.
The District of Montana will be holding additional United Against Hate events in the coming months in communities across the state. The first United Against Hate event was held on April 19 in Billings with members of the faith community.
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U.S. Attorney and Federal Law Enforcement Partners Announce Formalization of Darknet Marketplace and Digital Currency Crimes Task ForceRead the Press Release
PHOENIX, Ariz. – U.S. Attorney Gary M. Restaino, HSI SAC Scott Brown, IRS-CI SAC Al Childress, DEA SAC Cheri Oz, and United States Postal Inspection Service Acting Inspector in Charge Greg Torbenson yesterday signed a Memorandum of Understanding (MOU) memorializing a Darknet Marketplace and Digital Currency Crimes Task Force (DNMDCC Task Force).
Since 2017, these federal partners have focused on darknet drug vendors and cryptocurrency-enabled crimes. Ever-evolving technology has allowed drug traffickers and other criminal actors to expand into the digital world and use the darknet to engage in their illegal activity. Criminals have long sought to launder the proceeds of their illegal activity through various means, and technology has facilitated this on a grand scale. As these criminal activities and enterprises have become more sophisticated, law enforcement tools, resources, and intelligence have had to adapt.
Federal partners in Arizona have collectively investigated and prosecuted many of these cases in recent years. Some significant prosecutions include:
United States v. Ruelas et. al., CR17-0317-PHX-JAT: Silvester Ruelas, Kevin Dean McCoy, Amber Nicole Worrell, and Peggy V. Gomez conspired together to traffic heroin, methamphetamine, and cocaine on the darknet. During the investigation, law enforcement officers seized from Ruelas’ residence and subsequently forfeited nine firearms, various bars of silver, gold and platinum, assorted jewelry, three high-end watches, and a Seattle Seahawks Super Bowl ring. The Court sentenced Ruelas to 240 months in prison, McCoy to 180 months in prison, Worrell to 120 months in prison, and Gomez to 60 months in prison. Liliana Sibirian Gomez was also charged with the others, pleaded to possession with intent to distribute, and was sentenced to 24 months in prison. The last defendant in the case was sentenced in 2021. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation.
United States v. McCoy et. al., CR21-0427-PHX-SPL: Charles McCoy, Lauren Rempel, and John Barnhill conspired together to distribute fentanyl through the dark web. Customers paid in cryptocurrency, and McCoy and Rempel laundered the proceeds of the offense through a cryptocurrency exchange. The Court sentenced McCoy to 180 months in prison, Barnhill to 72 months in prison, and Rempel to 87 months in prison. The last defendant in the case was sentenced in 2023. This prosecution is part of an OCDETF investigation.
United States v. Cummings, CR22-0172-PHX-DWL: Michael Brian Cummings sold blue M-30 pills containing fentanyl on the dark web under the vendor name “PillPlugPaul.” He pleaded guilty to possession with the intent to distribute and agreed to forfeit all of the computers and cell phones used in the offense. His sentencing is scheduled for July 31, 2023, in front of United States District Judge Dominic W. Lanza.
“We’ve done great work with our federal partners in the dark web and crypto space,” said United States Attorney Gary Restaino. “This task force will enable us to continue the great collaboration with USPIS, DEA, IRS-CI and HSI, and I look forward to robust interdiction and prosecution efforts to deter digital crimes.”
“HSI and our partners have been working at the forefront of combating criminal activities facilitated through the use of cryptocurrency on dark web marketplaces and other anonymous platforms,” said Scott Brown, special agent in charge for HSI Arizona. “This taskforce will have impactful repercussions on those criminal operators who attempt to grow their businesses and launder the illicit proceeds through advancing technology. HSI looks forward to growing in this investigative space alongside our law enforcement partners.”
“IRS-CI is increasingly dedicating more investigative time and agent expertise to tackle darknet and cryptocurrency crimes,” said Special Agent in Charge Albert Childress of the IRS Phoenix Field Office. “Our agents excel in addressing sophisticated cyber-related schemes and are up to the challenge of locating and apprehending criminals who try to hide in the digital world.”
“DEA is committed to saving lives,” said DEA Special Agent in Charge Cheri Oz. “Drug traffickers who are hiding in the darknet will be aggressively targeted and unmasked by this task force.”
“The U.S Postal Inspection Service’s participation in this task force with our law enforcement partners and the Department of Justice underscores our commitment to keeping the U.S. Mail safe for all who handle and receive it,” said Phoenix Division Acting Inspector in Charge Glen Henderson. “Dark web vendors and their operatives believe they can hide anonymously while perpetrating their crimes. The collaborative effort of this task force proves criminals operating on the web are never truly anonymous and they will be uncovered and prosecuted.”
Over the last several years federal partners have seen an increase in the use of the internet, both clear net and darknet, to facilitate the illegal sale and distribution of narcotics, firearms and parts, technologies, and Personal Identification Information (PII), and other contraband. Additionally, there has been a rise in the use of digital currency to facilitate these activities. The parties to the MOU agree that the unique investigative capability of a DNMDCC Task Force will serve the needs of all the communities within the District of Arizona.
The mission of the DNMDCC Task Force is to disrupt and dismantle criminal organizations that are exploiting the appearance of anonymity on the darknet or using digital currency to facilitate criminal activities, such as drug trafficking, money laundering, theft of PII, and child exploitation. The goal of the DNMDCC will be to provide increased collaboration, enhance resources, and disrupt and dismantle criminal organizations that are using these new and emerging technologies.
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.
RELEASE NUMBER: 2023-094_DNMDCC Task Force
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Two Mexico drug traffickers sentenced to prison for roles in transporting 29 pounds of meth to Bozeman, BillingsRead the Press Release
BILLINGS — Two Mexico citizens convicted of trafficking 29 pounds of methamphetamine from Denver, Colorado, to the Bozeman and Billings communities were sentenced this week to prison terms, U.S. Attorney Jesse Laslovich said today.
Isidro Vega Carmona, 28, was sentenced on June 15 to 14 years in prison, to be followed by five years of supervised release. Carmona pleaded guilty in February to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth.
Co-defendant Risela Anahid Heredia Soberanes, 33, was sentenced today to two years in prison, to be followed by four years of supervised release. Soberanes pleaded guilty in January to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
According to court documents, law enforcement arrested Carmona in October 2022 in Billings as he was walking with a rolling suitcase containing 25 pounds of meth toward a downtown hotel to deliver the drugs to an undercover person. Officers also arrested Soberanes at a residence on Broadwater Avenue as she was sitting in Carmona’s vehicle. Soberanes admitted to transporting the 25 pounds of meth from Denver for delivery to Carmona.
The government alleged that during an investigation in mid-July 2022, law enforcement made a controlled purchase of cocaine from Carmona in Bozeman. Another co-defendant, identified at Victor Ocampo, was with Carmona during the purchase. About a month later, Carmona and another person, known as “Guero,” agreed to sell an undercover individual four pounds of meth. In late August, the undercover went to Carmona’s residence to purchase the four pounds of meth. Investigators determined that Soberanes had transported the meth from Denver to Carmona on behalf of “Guero.”
The government further alleged that in October 2022, Carmona offered to sell the undercover 25 pounds of meth for $100,000 and that he would deliver it to Billings. On Oct. 12, 2022, Carmona contacted the undercover and confirmed that Soberanes was again driving the 25 pounds of meth to Billings from Denver and that he would meet the undercover in Billings. Law enforcement subsequently arrested Carmona and Soberanes in Billings.
Twenty-nine pounds of meth is the equivalent of approximately 105,000 doses.
Ocampo has pleaded not guilty to charges and is pending trial in the case.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the FBI, the Eastern Montana High Intensity Drug Trafficking Area Task Force and the Missouri River Drug Task Force.
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.
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Two Loan Brokers Plead Guilty to Bank Fraud SchemeRead the Press Release
BOSTON – Two operators of a loan brokerage businesses pleaded guilty yesterday today in federal court in Boston to conspiring to defraud a Massachusetts-based bank and the U.S. Small Business Administration (SBA).
Ted Capodilupo, 57, of South Easton, and Joseph Masci, 71, of Boston, pleaded guilty to one count each of conspiracy to commit bank fraud. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Sept. 8, 2023. The defendants were charged in January 2022 along with co-conspirator Brian Ferris, a loan officer at a Massachusetts-based bank.
Between 2015 and 2018, Capodilupo, Masci and Ferris agreed to defraud the bank and the SBA by submitting fraudulent loan applications to the bank, which administered the SBA’s small business express loan program, to secure bank loans guaranteed by the SBA. Specifically, Capodilupo and Masci submitted dozens of fraudulent loan applications to the bank on behalf of borrowers who were ineligible for traditional business loans. These loan applications misrepresented, among other things, the identity of the real loan recipients and the businesses for which the loans were sought.
Capodilupo and Masci also fabricated federal tax forms submitted in support of the fraudulent loan applications, falsified applicant signatures and falsely indicated that no broker had assisted in preparing or referring the loan applications. Capodilupo and Masci charged borrowers fees for obtaining these fraudulent loans. Ferris, who worked as a loan officer at the bank, caused the bank to issue loans for which Capodilupo and Masci submitted applications and received a kickback from Capodilupo and Masci of approximately $500 per loan. The scheme generated approximately $270,000 in fees for Capodilupo and Masci. Many of the loans that the bank issued as a result of the fraudulent applications ultimately defaulted, resulting in substantial losses to the bank.
On April 21, 2023, Ferris pleaded guilty to one count of conspiracy to commit bank fraud. He is scheduled to be sentenced on Aug. 3, 2023.
The charge of conspiracy to commit bank fraud provides for a sentence of up to 30 years in prison; five years of supervised release; a fine of up to $1 million or twice the gross gain or loss, whichever is greater; restitution; and forfeiture. 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; Patricia Tarasca, Special Agent in Charge of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), New York Region; Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Brian Tucker, Special Agent-in-Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; and Amaleka McCall-Brathwaite, Special Agent in Charge of SBA OIG’s Eastern Region, made the announcement. Assistant U.S. Attorney David M. Holcomb of Levy’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
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.
# # #
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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