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28 April 2023
Ethete Man Sentenced for Assault with FireRead the Press Release
Quentin Charles Lee, age 28, of Ethete, Wyoming, was sentenced to 30 months in prison with three years of supervised release and a $100 special assessment for assault with a dangerous weapon, namely fire, by means of using lighter fluid and a lighter. U.S. District Court Judge Alan B. Johnson imposed the sentence on April 21, 2023.
Based on court documents, a Bureau of Indian Affairs police officer was dispatched to a residence in Arapahoe, Wyoming, on September 20, 2022, in response to a reported assault. The victim was laying on a couch with apparent injuries from a fight. The victim explained that his injuries were caused by Lee, who set the victim on fire and hit him. The officer also noticed two couches and a blanket were burned, and there was lighter fluid nearby. Lee later admitted lighting the couches on fire, which he said occurred after he and the victim had an argument. Lee pleaded guilty to assault with a dangerous weapon.
This crime was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Case Number: 0:22-CR-000146-ABJ
Essex County Man Sentenced to 82 Months in Prison for Using Credit Cards Stolen from U.S. Mail to Defraud Banks and Commit Identity TheftRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 82 months in prison, three years of supervised release and ordered to pay $330,391 in restitution for his role in scheming with at least one U.S. Postal Service (USPS) employee and others to steal credit cards from the mail and then steal victims’ identities in order to use the stolen cards to make hundreds of thousands of dollars of retail and online purchases. Dashaun Brown, 29, of Newark, was convicted on April 22, 2022, on four counts of the superseding indictment against him: conspiracy to commit bank fraud, bank fraud, receipt and possession of stolen mail, and aggravated identity theft in connection with bank fraud.
Eleventh Circuit Upholds Armed Career Criminal Sentence and Holds Florida Aggravated Assault A Violent FelonyRead the Press Release
TALLAHASSEE, FLORIDA – Jason R. Coody, United States Attorney for the Northern District of Florida, announced that on April 25, 2023, the U.S. Court of Appeals for the Eleventh Circuit upheld the 211-month sentence of Fred Somers, age 46. That sentence was imposed by Senior U.S. District Court Judge Robert L. Hinkle in January of 2013 after Somers plead guilty to possession of a firearm by a convicted felon and possession of an unregistered firearm.
“The Armed Career Criminal Act (ACCA) mandates harsher sentences for armed felons who have at least three prior convictions for either ‘violent felonies’ or ‘serious drug offenses’,” said U.S. Attorney Coody. “With a 20-year-history full of drug and violent felony offenses, Somers is the exact type of dangerous, career criminal the ACCA was designed to keep off the streets.”
Somers’ criminal history includes felony convictions for burglary of a structure, conspiracy to distribute heroin, false imprisonment and battery, aggravated assault with a deadly weapon, and resisting an officer with violence. Based on those prior convictions, the government sought, and the district court imposed, an enhanced sentence under the ACCA.
In January of 2016, Somers filed a collateral motion challenging his ACCA sentence. The district court denied his motion, but Somers appealed, arguing that he was incorrectly sentenced under ACCA because his aggravated assault conviction did not meet ACCA’s definition of “violent felony.” After the United States Supreme Court’s decision in Borden v. United States, 141 S. Ct. 817 (2021), which held that ACCA’s violent felony definition excludes reckless crimes, the Eleventh Circuit sent the case to the Florida Supreme Court for clarification of whether Florida’s assault statue covers reckless threats.
After briefing and oral argument, the Florida Supreme Court rejected Somers’ argument that Florida assault can be committed recklessly. See Somers v. United States, 355 So.3d 887 (Fla. 2022). The Florida Supreme Court reasoned that the ordinary meaning of Florida’s assault definition “prohibits an intentional expression of an intent to use physical force to harm another’s person” and that such expression “cannot be accomplished via a reckless act.” With the benefit of the Florida Supreme Court’s clarification of Florida law, the Eleventh Circuit affirmed the district court’s denial of Somers’ motion in a published opinion, holding that Florida convictions for aggravated assault qualify as violent felonies under ACCA.
Assistant United States Attorney Jordane Learn represented the government before the Eleventh Circuit and the Florida Supreme Court.
The U.S. Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Eight People Sentenced in Conspiracy to Distribute Crystal MethamphetamineRead the Press Release
MIAMI – The last of eight defendants involved in a crystal methamphetamine distribution ring has been sentenced.
U.S. District Judge Donald M. Middlebrooks sentenced Rudy Salinas, 31, of Rancho Bucamanca, California to over nine years in federal prison. During prior hearings, Judge Middlebrooks sentenced Salinas’s co-conspirators to the following federal prison sentences:
- Alexander McKay, 37, of West Palm Beach, Fla. – eight years;
- Daniel Armstrong, 39, of Oakland Park, Fla. – six and one half years;
- Stacy Boyd, 49, of Lake Worth Beach, Fla. – five years;
- Ryan Haughey, 37, of West Palm Beach, Fla – four years;
- Billy Rigney, 35, of West Palm Beach, Fla. –four years;
- Nikoli Moore, 30, of Fort Lauderdale, Fla. – two and one half years;
- Christopher Vega, 34, of Fort Lauderdale, Fla. – five years on this offense, plus one year for violating his supervised release in a separate drug case.
The eight defendants pleaded guilty earlier this year to conspiracy to possess with the intent to distribute crystal methamphetamine throughout Miami-Dade, Broward, and Palm Beach counties from April to November 2022.
Salinas served as the primary source of supply. He distributed multi-pound quantities of crystal methamphetamine to Armstrong and McKay who, in turn, distributed it to Boyd, Vega, Haughey, Rigney, and Moore, for further distribution across South Florida. Drug Enforcement Administration agents seized over five kilograms of crystal methamphetamine from the defendants.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Deanne L. Reuter of the Drug Enforcement Administration (DEA), Miami Field Division, announced the sentence imposed by Judge Middlebrooks.
DEA Miami Field Division, West Palm Beach District Office investigated the case, with assistance from West Palm Beach Police Department, Palm Beach County Sheriff’s Office, Broward County Sheriff’s Office, Fort Lauderdale Police Department, Boynton Beach Police Department, Miami-Dade Police Department, and Margate Police Department. Assistant U.S. Attorney Brian Ralston prosecuted it. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 22-cr-80176.
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East Peoria Man Sentenced to 10 Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
PEORIA, Ill. – An East Peoria, Illinois, man, George L. Guynn, 61, of the 800 block of Meadow Avenue, was sentenced on April 27, 2023, to 10 years in prison, to be followed by four years of supervised release, for possession with intent to distribute at least 5 grams of methamphetamine.
At the sentencing hearing in front of United States District Judge James E. Shadid, the government presented evidence that Guynn sold methamphetamine on two occasions in June and July of 2022. For the first sale, he provided 55.6 grams of 99% pure methamphetamine. For the second sale, he provided 28.1 grams of methamphetamine that was 96% pure.
Federal Bureau of Investigation agents then obtained a search warrant for Guynn’s apartment. When agents searched the apartment in August 2022, they found under Guynn’s bed 46.577 grams of methamphetamine that was 89% pure. They also found paraphernalia related to drug trafficking, including digital scales and plastic baggies.
A complaint was issued in August 2022, and Guynn was arrested on a federal warrant. He was later indicted. He pleaded guilty in November 2022. He has remained in the custody of the U.S. Marshals Service since his arrest.
The statutory penalties for possession with intent to distribute at least 5 grams of methamphetamine (actual) are 5 to 40 years’ imprisonment, followed by a four-year to life term of supervised release.
The Federal Bureau of Investigation, Springfield Field Office, and Western Illinois Transnational Organized Crime Task Force investigated the case, with assistance from the Monmouth Police Department, Knox County Sheriff’s Office, Galesburg Police Department, and U.S. Department of Justice Drug Enforcement Administration. Assistant U.S. Attorney Keith Hollingshead-Cook represented the United States in the prosecution.
Dauphin County Woman Charged with Child Pornography OffensesRead the Press Release
HARRISBURG- The United States Attorney for the Middle District of Pennsylvania, Gerard M. Karam, announced that a federal grand jury has returned an indictment on April 26, 2023 charging Tammie Jo Hooks, 60, of Harrisburg, Pennsylvania, with receiving, distributing, and possessing child pornography. The indictment also alleges that prior to committing the charged offenses, Hooks was convicted in the United States District Court for the District of Columbia of distributing child pornography, which may subject her to increased penalties if she is convicted of the federal offenses charged in indictment.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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.
The maximum penalty under federal law for these offenses is up to life imprisonment, a term of up to lifetime supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Daphne Man Sentenced to 17½ Years for Child Pornography OffensesRead the Press Release
Stephen Richey, 69, of Daphne, was sentenced to 210 months (17½ years) in prison for production of child pornography. Richey pled guilty to the offense on January 12, 2023. The sentence was imposed by United States District Judge Terry F. Moorer.
According to court documents filed in connection with his guilty plea, in April 2022, after finding inappropriate pictures of herself on Richey’s cell phone, the victim contacted law enforcement and an investigation began. The investigation revealed that Richey had taken numerous photographs of the victim. Based on the content of the images and age of the child depicted, these images constituted child pornography. Following this discovery, Richey was interviewed by law enforcement and admitted that he had taken the images of the child.
Judge Moorer imposed a 210-month sentence of incarceration and a 25-year term of supervised release upon his discharge from prison. Judge Moorer ordered that Richey pay $7,000 in restitution to the victim, $5,100 in special assessments, and $40,000 in fines. Richey will be required to register as a sex offender when he is released from prison and is to have no contact with minors.
The Federal Bureau of Investigation and the Daphne Police Department investigated this case. Assistant United States Attorneys Kacey Chappelear, Beth Stepan, and Tandice Blackwood 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 individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit https://www.justice.gov/psc/publications-resources.
Corpus man admits to trafficking methRead the Press Release
CORPUS CHRISTI, Texas – A 23-year-old man residing in Corpus Christi has pleaded guilty to possession with intent to distribute 210 grams of meth, announced U.S. Attorney Alamdar S. Hamdani.
On Sept. 4, 2022, Jacob Soliz was a passenger in a sedan driving in Corpus Christi around 11:30 p.m. Authorities conducted a traffic stop after observing the vehicle was traveling without any headlights activated.
Law enforcement then observed the smell of burnt marijuana and ultimately conducted an inspection of the vehicle. At that time, they discovered multiple baggies of meth totaling 210 grams, baggies of marijuana totaling approximately 150 grams and a loaded AR-15 rifle. They also discovered approximately $2,500 located in Soliz’s pocket.
Soliz admitted the meth and rifle belonged to him.
U.S. District Judge Nelva Gonzales Ramos will impose sentencing Aug. 9. At that time, Soliz faces up to life in federal prison and a possible $10 million maximum fine.
Soliz was permitted to remain on bond pending sentencing.
Corpus Christi Police Department and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Tyler Foster is prosecuting the case.
Convicted Felon Sentenced for Possessing FirearmsRead the Press Release
Patrick Charles Schutz, age 38, of Casper, Wyoming, was sentenced for being a felon in possession of firearms to 28 months in prison with three years of supervised release and a $100 special assessment. U.S. District Court Judge Alan B. Johnson imposed the sentence on April 24, 2023.
According to court documents, on October 19, 2022, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents executed a warrant on Schutz’s residence after witnesses had notified the ATF that Schutz had shot multiple firearms at a shooting range. Agents recovered several firearms, a substantial amount of ammunition, and two homemade suppressors. Schutz admitted to being a felon in possession of firearms and agreed to forfeit them as part of his sentence.
This crime was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Jonathan C. Coppom prosecuted the case.
Case No. 22-CR-00132
Convicted Felon Sentenced for Possessing FirearmRead the Press Release
Tampa, FL – U.S. District Judge Charlene Edwards Honeywell has sentenced Patraic Setzer (29, New Port Richey) to three years and five months in federal prison for possessing a firearm as a convicted felon. The court also ordered Setzer to forfeit a Sig Sauer firearm, which is traceable to the offense. Setzer had pleaded guilty on February 7, 2023.
According to court documents, officers from the New Port Richey Police Department conducted a traffic stop on Setzer, a six-time convicted felon, on May 31, 2022. A police canine alerted on the vehicle and officers searched the car, locating a loaded Sig Sauer firearm. Setzer was on federal supervised release at the time of the incident, following a sentence in the Bureau of Prisons for being a felon in possession of a firearm. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the New Port Richey Police Department. It was prosecuted by Assistant United States Attorney Samantha Beckman.
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.
Clemency Recipient ListRead the Press Release
Today, President Joseph R. Biden Jr. is commuting the sentences of 31 individuals.
Chiquita Acker – Pearlington, Mississippi
Offense: Possession with intent to distribute 500 grams or more of methamphetamine (Southern District of Mississippi).
Sentence: 120 months of imprisonment, five-year term of supervised release, $5,000 fine (March 16, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.Kathy Alexander – Kennett, Missouri
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Missouri).
Sentence: 84 months of imprisonment, five-year term of supervised release (March 13, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Camille Diane Armstrong – Corpus Christi, Texas
Offense: Conspiracy to possess with intent to distribute 84 grams of actual methamphetamine (Southern District of Texas).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 5, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Connie Avalos – Menifee, California
Offense: Conspiracy to distribute methamphetamine (Eastern District of Kentucky).
Sentence: Life imprisonment (November 30, 2009); commuted to 235 months of imprisonment (January 19, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement.Lori Broadway – Winnfield, Louisiana
Offense: Possession with intent to distribute one kilogram or more of heroin (Eastern District of Louisiana).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 8, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Kevin Lee Burdock – Keswick, Iowa
Offense: Conspiracy to distribute at least 500 grams of methamphetamine; possession with intent to distribute marijuana (Southern District of Iowa).
Sentence: Life imprisonment, 10-year term of supervised release (February 2, 2009); amended to 240 months of imprisonment, 10-year term of supervised release (June 24, 2010).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Bongani Charles Calhoun – Houston, Texas
Offense: Conspiracy to possess with intent to distribute cocaine; attempt to possess with intent to distribute cocaine; possession of a firearm during and in relation to a drug trafficking crime (Western District of Texas)
Sentence: 180 months of imprisonment, five-year term of supervised release (June 21, 2011).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Jennifer Marie Chastain – Delhi, Iowa
Offense: Conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine (Northern District of Iowa).
Sentence: 121 months of imprisonment, three-year term of supervised release (June 13, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Aaron Courter – Evansville, Indiana
Offense: Conspiracy with intent to distribute and to distribute 500 grams or more of methamphetamine (Southern District of Indiana).
Sentence: 87 months of imprisonment, three-year term of supervised release (October 20, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Catherine Crotts – Mulberry, Florida
Offense: Distribution of five grams or more of methamphetamine (Middle District of Florida).
Sentence: 120 months of imprisonment, five-year term of supervised release (September 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Scottie Ladon Dixon – Atmore, Alabama
Offense:- Supervised release violation (conspiracy to possess with intent to distribute crack cocaine);
- Conspiracy to possess with intent to distribute crack cocaine (Southern District of Alabama).
Sentence:
- 33 months of imprisonment (concurrent) (May 18, 2010);
- Life imprisonment, 10-year term of supervised release (May 18, 2010); commuted to 221 months of imprisonment, 10-year term of supervised release (August 3, 2016).
Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.
Samuel Gemple – Fort Wayne, Indiana
Offense: Conspiracy to distribute and to possess with intent to distribute 100 kilograms or more of marijuana (Northern District of Indiana).
Sentence: 120 months of imprisonment, eight-year term of supervised release (February 2, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release.Mario Francisco Gomez, Jr. – Laredo, Texas
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine, aiding and abetting (Eastern District of Michigan).
Sentence: 120 months of imprisonment, five-year term of supervised release (January 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Daniel Graap – Wausau, Wisconsin
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Western District of Wisconsin).
Sentence: 120 months of imprisonment, five-year term of supervised release (June 30, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Lisa Gribble – La Fayette, Georgia
Offense: Conspiracy to distribute 500 grams or more of methamphetamine (Eastern District of Tennessee).
Sentence: 150 months of imprisonment, five-year term of supervised release (March 19, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Andre Richard Harris – Detroit, Michigan
Offense: Possession with intent to distribute five kilograms or more of cocaine (Northern District of Alabama).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 10, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Bart Hyde – Clinton, Iowa
Offense: Conspiracy to manufacture and distribute methamphetamine (Southern District of Iowa).
Sentence: 235 months of imprisonment, five-year term of supervised release (November 4, 2011); amended to 188 months of imprisonment, five-year term of supervised release (September 18, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Rebecca Lawrence – Omega, Georgia
Offense: Conspiracy to possess with intent to distribute methamphetamine (Middle District of Georgia).
Sentence: 120 months of imprisonment, five-year term of supervised release (October 26, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Rogelio Murillo – Riverview, Florida
Offense: Possession with intent to distribute a quantity exceeding 100 kilograms, that is, approximately 194 kilograms of marijuana (Southern District of Texas).
Sentence: 108 months of imprisonment, five-year term of supervised release, $5,000 fine (June 20, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $5,000 fine.Ricky Lee Newton – Otisville, Michigan
Offense: Conspiracy to possess more than 100 kilograms but less than 1,000 kilograms of marijuana (with intent to distribute) (Eastern District of Michigan)
Sentence: 360 months of imprisonment, eight-year term of supervised release, $20,000 fine (December 19, 2002).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release and the unpaid remainder, if any, of the $20,000 fine.Shawn Paaaina – Ewa Beach, Hawaii
Offense: Conspiracy to distribute and to possess 50 grams or more of methamphetamine and 500 grams or more of cocaine with intent to distribute (District of Hawaii).
Sentence: 78 months of imprisonment, five-year term of supervised release (September 24, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Robert Raymond Palmer – Waynesboro, Mississippi
Offense: Conspiracy to possess with intent to distribute methamphetamine (Southern District of Alabama).
Sentence: 89 months and 23 days of imprisonment, four-year term of supervised release (July 28, 2017).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the four-year term of supervised release.Gregory Todd Peasley – Onawa, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine (Northern District of Iowa).
Sentence: 150 months of imprisonment, five-year term of supervised release (May 11, 2015).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Maria Peterson – New York, New York
Offense: Conspiracy to distribute and possess with intent to distribute heroin; distribution and possession with intent to distribute heroin (District of New Jersey).
Sentence: 60 months of imprisonment, three-year term of supervised release (March 20, 2019).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the three-year term of supervised release.Samuel Rivera – Utica, New York
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine (Northern District of New York).
Sentence: 120 months of imprisonment, five-year term of supervised release (April 5, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.German Roman-Oliver – Grove City, Ohio
Offense: Conspiracy to distribute over 500 grams of cocaine (Southern District of Ohio).
Sentence: 192 months of imprisonment, five-year term of supervised release (March 8, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Vickie Sanders – Olney, Illinois
Offense: Conspiracy to manufacture methamphetamine; attempt to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture a controlled substance – methamphetamine (four counts) (Southern District of Illinois).
Sentence: 120 months of imprisonment, eight-year term of supervised release, $300 fine (May 9, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the eight-year term of supervised release and the unpaid remainder, if any, of the $300 fine.Phillip Steely – Morris Chapel, Tennessee
Offense: Conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine (Western District of Tennessee).
Sentence: 121 months of imprisonment, five-year term of supervised release (June 18, 2018).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.Ryan Vick – Cedar Rapids, Iowa
Offense: Conspiracy to distribute 50 grams or more of actual methamphetamine or 500 grams or more of a mixture containing a detectable amount of methamphetamine after having been previously convicted of a felony drug offense (Northern District of Iowa).
Sentence: 235 months of imprisonment, 10-year term of supervised release (March 1, 2012); amended to 211 months of imprisonment, 10-year term of supervised release (September 20, 2012).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Gregory Warrick – Capital Heights, Maryland
Offense:
- Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine (District of Maryland);
- Attempted possession with intent to distribute a controlled substance (cocaine) (District of Columbia Superior Court).
Sentence:
- 168 months of imprisonment, five-year term of supervised release (April 28, 2014);
- 18 months of imprisonment (concurrent), five-year term of supervised release (June 13, 2014).
Commutation Grant: Total sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the five-year term of supervised release.
Raymond Washington – Corinth, Texas
Offense: Conspiracy to possess with intent to distribute cocaine (Eastern District of Texas).
Sentence: 276 months of imprisonment, 10-year term of supervised release (October 19, 2011); amended to 240 months, 10-year term of supervised release (May 25, 2016).
Commutation Grant: Sentence commuted to expire on June 30, 2023, with the remainder to be served in home confinement, leaving intact and in effect the 10-year term of supervised release.Chicago Man Indicted for Firearms Trafficking and Selling Machine Gun Conversion DevicesRead the Press Release
CHICAGO — A Chicago man has been indicted by a federal grand jury for firearms trafficking and possession and sale of machine gun conversion devices, also known as a “switches,” which convert firearms into a fully automatic machinegun.
Per the indictment and a previously filed criminal complaint, from January 24 and continuing until on or about March 30, 2023, ROGELIO CASTANEDA, 29, of Chicago, willfully engaged in the business of dealing firearms when he was not licensed to do so, and possessed and sold “switch” devices. Specifically between February 7 and March 20, 2023, Castaneda is alleged to have sold four firearms and nine machine gun conversion devices to undercover ATF agents on four separate occasions.
The indictment is announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; Christopher Amon, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and Eric Carter, Acting Superintendent of the Chicago Police Department. The government is represented by Special Assistant U.S. Attorney Mary McDonnell.
Disrupting illegal firearms trafficking is the focus of the Department of Justice’s cross-jurisdictional strike force. As part of the Chicago firearms trafficking strike force, the U.S. Attorney’s Office collaborates with the ATF and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
Holding illegal firearm possessors accountable through federal prosecution is also a centerpiece of Project Safe Neighborhoods (“PSN”), the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, Acting U.S. Attorney Pasqual and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The trafficking charge is punishable by up to five years in federal prison, while the possession of a machinegun carries up to 10 years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Casper Man Sentenced for Possession with Intent to Distribute FentanylRead the Press Release
Tyler Scott Bressette, age 38, of Casper, Wyoming, was sentenced to 140 months in prison for possession with intent to distribute fentanyl. U.S. District Court Judge Alan B. Johnson sentenced Bressette on April 27, 2023, and also imposed eight years of supervised release and a $100 special assessment.
According to court documents, the Casper Police Department executed a search warrant for Bressette’s home on January 21, 2022. There, officers found two jars containing over 800 blue-colored tablets stamped “M 30.” The pills contained fentanyl and had a total weight of approximately 87 grams. Bressette pled guilty to possession with intent to distribute fentanyl on January 21, 2022.
This crime was investigated by the Casper Police Department and the Wyoming Division of Criminal Investigation.
Case No. 22-CR-00149-ABJ
Cape Coral Trio Convicted for Their Roles in A Multi-Million Dollar Credit Card Fraud SchemeRead the Press Release
Fort Myers, FL – United States Attorney Roger B. Handberg announces that a federal jury has found Carlos Tejeda (62, Cape Coral), Juan Tejeda (35, Cape Coral), and Pedro Pelaez (59, Cape Coral) guilty in connection with their involvement in a large-scale credit card fraud scheme which operated in Cape Coral between late-2015 and mid-2018. Father and son ringleaders, Carlos and Juan Tejeda, were each convicted of 44 federal crimes, including conspiracy to commit wire fraud, wire fraud, aggravated identity theft, conspiracy to commit money laundering, production of counterfeit access devices, and possession of device-making equipment. For his role in the fraud, Pelaez was convicted of 11 federal crimes, including conspiracy to commit wire fraud, wire fraud, aggravated identity theft, and conspiracy to commit money laundering. Each defendant faces a maximum penalty of more than 100 years in federal prison, including 2-year minimum mandatory sentences for each aggravated identity theft conviction. Their sentencing hearings are yet to be scheduled. All three defendants were remanded into custody pending sentencing.
According to evidence presented at trial, Carlos Tejeda recruited several friends and associates, including co-defendant Pedro Pelaez, to create shell companies, obtain credit card processing terminals for their shell companies, and then permit Carlos Tejeda to swipe counterfeit credit cards fraudulently encoded with stolen credit and debit card numbers using the shell company credit card terminals. Evidence showed that Juan Tejeda’s primary role was to encode the counterfeit cards for his father Carlos Tejeda, but that he personally swiped counterfeit cards on shell company terminals as well. Each fraudulent transaction was typically between $1,000 and $3,000, but the same stolen card number was often used several times across multiple shell companies before victim cardholders from across the United States even knew their card numbers had been compromised.
After the stolen funds were deposited into shell company bank accounts, the shell company owners would kickback a pre-determined percentage of the fraudulent proceeds to Carlos or Juan and keep the remainder for themselves. In total, nine shell companies were used to perpetrate the fraud, including those personally opened by Carlos Tejeda and Juan Tejeda. Credit card transaction data presented to the jury showed that during the duration of the fraud, more than $2.6 million dollars of credit card charges were attempted or conducted on the shell company terminals. In total, nine people have been convicted for their roles in this fraud, including the three above-named defendants and six others who previously pleaded guilty to their involvement and are awaiting sentencing.
This case was investigated by the United States Secret Service and the Cape Coral Police Department. It is being prosecuted by Assistant United States Attorney Simon R. Eth.
California Man Sentenced for Assaulting Police Officers with Pepper SprayRead the Press Release
WASHINGTON – A California man was sentenced today for felony and misdemeanor charges – including assaulting police officers – for his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Jeffrey Scott Brown, 56, of Santa Ana, California, was sentenced today to 54 months in prison for assaulting, resisting, or impeding law enforcements officers using a dangerous weapon, interfering with a law enforcement officer during a civil disorder, both felonies, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon, engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon, disorderly conduct on Capitol grounds or buildings , and act of physical violence in the Capitol grounds or buildings. Brown and two co-defendants – Peter J. Schwartz and Markus Maly - were found guilty at trial on December 7, 2022.
According to the government’s evidence, on Jan. 6, 2021, Brown was with Schwartz and Maly at the area of the Lower West Terrace of the Capitol Building. Brown was handed an O.C. spray canister by Schwarts who had stolen it from an MPD duffle bags. As the crowd heaved against the makeshift police line, Brown tried to use the O.C. spray but couldn’t figure out the nozzle. He passed it back to Schwartz, who appears to have shown Brown how to use it and passed it back. Brown then dove towards the front of the police line, spraying them with yet more OC spray.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Central District of California.
The case was investigated by the FBI’s Washington and Los Angeles Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 27 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
The case was investigated by the FBI Washington Field Office. Valuable assistance was provided by the FBI’s Jacksonville Field Office – Daytona Beach Resident Agency, the Metropolitan Police Department and the U.S. Capitol Police.
In the 27 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
California Man Found Guilty for Role in Drug Trafficking ConspiracyRead the Press Release
DENVER - The U.S. Attorney’s Office for the District of Colorado announces that Jesse Cervantes of Merced, California, was found guilty by a federal jury for his role in a drug trafficking conspiracy.
According to facts established at trial, the defendant traveled over 1,000 miles to Colorado from California, making numerous intercepted telephone calls to set up a delivery of four kilos of heroin worth approximately $100,000. He was observed handing a backpack with the four kilos of heroin to a runner, and was subsequently caught by law enforcement a short distance away from the handoff. When asked to provide his phone number to State Troopers, he provided the same number that was intercepted by law enforcement.
United States District Court Judge William Martinez presided over the three day jury trial in Denver. Sentencing is scheduled for November 22, 2023.
The investigation was conducted by the Drug Enforcement Administration, with assistance from the Colorado State Patrol. The trial was handled by Assistant United States Attorneys Robert Brown and Jeremy Sibert.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Case number 20-CR-292
California Man Arrested for Trafficking 91 Kilograms of Cocaine Worth $1.8 MillionRead the Press Release
ROCKFORD — A California man was arrested on a charge of possession with intent to distribute 91 kilograms of cocaine.
RONALD COLEMAN, 43, was stopped on Interstate 88 near Morrison, Ill. by Illinois State Police while driving a semi-truck. During the inspection and investigation, the trooper utilized a narcotics-detection K9, “Roman”, to perform an exterior sniff of the semi-truck. K9 Roman alerted to the presence of a controlled substance, leading to the search of the semi-trailer, where two suitcases were found containing approximately 91 kilograms of cocaine. The investigation revealed that the driver was knowingly transporting the cocaine from California to the Chicago area for further distribution.
Coleman faces a maximum potential penalty of up to life imprisonment and a fine of $10,000,000. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The charge was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; and Sheila G. Lyons, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration. The Illinois State Police and the Blackhawk Area Task Force provided critical assistance in the investigation. The government is represented by Assistant U.S. Attorney Robert S. Ladd.
CORRECTED NEWS RELEASE: South Florida Residents Arrested for Dealing Ghost Guns and SwitchesRead the Press Release
MIAMI – This week, Marshal Vivian Harris, 37, of Davie, Florida, and Wisler Majeure Jacques, 40, of Margate, Florida, appeared in federal court in Miami following their arrests for dealing firearms without a license and possession or transfer of a machine gun.
According to court documents, federal agents began investigating Harris and Jacques in February. It is alleged that during that time, Jacques sold about 27 “ghost guns” and 48 auto sears to investigators.
Ghost guns are untraceable firearms with no serial numbers. Ghost guns are often sold disassembled, requiring buyers to build them at home. Auto sears (also called switches) are small devices that, when added to a handgun, turns the handgun into a machine gun.
According to the charges, Jacques obtained the ghost guns from Harris before selling them to law enforcement. On April 25, law enforcement executed a federal search warrant at Harris’ home. During the search, agents found 3D printing equipment and a computerized mill machine that was designed to manufacture firearms parts, as well as several partially completed ghost guns, according to the charges.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Christopher A. Robinson of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Miami Field Division, announced the charges.
ATF Miami Field Division investigated this matter. Assistant U.S. Attorney Kevin Gerarde is prosecuting it.
This case and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
An indictment contains mere allegations, and all defendants are presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case numbers 23-mj-02790 and 23-mj-02789.
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Brooklyn Man Sentenced to 21 Years for Sex TraffickingRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Joseph Harris, also known as “Luis Santana,” and “Joey Moscato,” was sentenced by United States District Judge LaShann DeArcy Hall to 21 years in prison for sex trafficking multiple victims by force, fraud, and coercion.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.
Mr. Peace expressed his appreciation to the Kings County District Attorney’s Office for their assistance in the investigation.
From July 2017 until his arrest in May 2018, Harris used violence and threats of violence, along with abusive and coercive tactics, to compel multiple victims to engage in commercial sex acts for his financial benefit. The defendant’s crimes were uncovered when NYPD officers responded to several 911 calls about girls being held at his apartment in Brooklyn. Inside the apartment, the officers found two of the defendant’s adult victims along with a 16-year-old minor female, and recovered a loaded semi-automatic handgun, a birth certificate for a 17-year-old female, hotel receipts, hand-written instructions written by Harris for posting advertisements for commercial sex, and other items.
The investigation revealed that Harris used force and threats to compel his victims to work in prostitution and give him the money that they were paid. He also punished women who withheld money from him and, in at least on one dispute over money, dragged a victim through a pool of bleach he had poured on the floor. On another occasion, he menaced a victim at gunpoint and posted a photograph of it on his Instagram account. Harris had sexual intercourse with his victims, including underage girls as young as 14, and provided them with drugs including ecstasy, cocaine, marijuana, and pills. The defendant used Backpage.com and social media websites to facilitate his business.
The federal prosecution of the defendant was led by the U.S. Attorney’s Office for the Eastern District of New York and the FBI and NYPD’s Child Exploitation and Human Trafficking Task Force, with substantial assistance from the Kings County District Attorney’s Office.
The government’s case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorneys Lauren Elbert and Erin Reid are in charge of the prosecution.
The Defendant:
JOSEPH HARRIS
Age: 41
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-616 (LDH)
Bristol Man Involved in Gun Trafficking Scheme Sentenced to PrisonRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JOSHUA BENTZ, 39, of Bristol, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 24 months of imprisonment, followed by two years of supervised release, for illegally trafficking firearms from South Carolina to Connecticut.
According to court documents and statements made in court, in 2020, ATF and Hartford Police recovered multiple firearms that had been purchased in South Carolina. In July 2020, one of the firearms was found in the possession of a convicted felon. In September and October 2020, additional firearms were recovered at the scenes of two separate homicides in Hartford. The investigation revealed that Alberto Vazquez, of Hartford, conspired with Bentz and others to purchase firearms from a licensed gun dealer in Columbia, South Carolina, transport them to Connecticut, and sell them to felons and other customers in the Hartford area.
Vazquez, Bentz, and their coconspirators purchased approximately 37 firearms through this scheme. Twenty-eight of these firearms were purchased by Bentz’s wife, Tywonda Bentz, in South Carolina between May and July 2020.
Bentz was arrested on April 21, 2021. On November 23, 2021, he pleaded guilty to conspiracy to deal in firearms without a license, to unlawfully transport firearms, and to make false statements to law enforcement.
Bentz, who is released on a $100,000 bond, is required to report to prison on August 24.
Vazquez, whose criminal history includes convictions for felony weapon possession, robbery, and larceny offenses, pleaded guilty to conspiracy to deal in firearms without a license and to unlawfully transport firearms, unlawful transportation of firearms, and unlawful possession of firearms by a felon. On October 11, 2022, he was sentenced to 120 months of imprisonment.
Tywonda Bentz pleaded guilty and await sentencing.
This investigation has been conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Hartford Police Department; the Columbia (S.C.) Police Department; and the Richland County (S.C.) Sheriff’s Department.
This case is being prosecuted by Assistant U.S. Attorney Tara E. Levens through 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. In May 2021, the Justice 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.
Brazilian National Pleads Guilty to Attempted Sex Trafficking of A ChildRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Mateus Fernandes Evangelista Da Silva (23, Brazil) has pleaded guilty to attempted sex trafficking of a child. Evangelista Da Silva faces a minimum mandatory term of 15 years, up to life, in federal prison. A sentencing date has not yet been set. As part of the plea agreement, Evangelista Da Silva will forfeit the electronic devices he used in committing the offense and make restitution to victims associated with this case who have been identified by the National Center for Missing and Exploited Children.
According to the plea agreement, on October 6, 2021, Evangelista Da Silva used his cellphone to communicate with an undercover agent who purported to have access to two minor children, ages 13 and 14. Evangelista Da Silva coordinated a meeting and travelled to a designated location in St. Petersburg, Florida to meet the fictitious children for the purposes of engaging in sex. Once Evangelista Da Silva arrived, he stated he wanted to engage in oral sex and vaginal intercourse with the 13-year-old and paid the undercover agent $200.
This case was investigated by Homeland Security Investigations (HSI) and the St. Petersburg Police Department. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This case was brought as part of the Tampa Bay Human Trafficking Task Force of the Middle District of Florida, which is one of 13 task forces in the country to receive grant funding from the Department of Justice’s Bureau of Justice Assistance. The Task Force is a collaboration of local, state, and federal law enforcement agents working together with organizations to detect, investigate, and prosecute human trafficking in the Tampa Bay area. This includes trafficking of minors, forced labor, transnational sex trafficking, and sex trafficking of adults by force, fraud, or coercion. More information about the Tampa Bay Human Trafficking Task Force can be found at www.justice.gov/usao-mdfl/humantrafficking. Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Brainerd Felon Sentenced to 12.5 Years in Prison for Distribution of Controlled SubstancesRead the Press Release
ST. PAUL, Minn. – A Brainerd man has been sentenced to 150 months in prison, followed by five years of supervised release, for possession with intent to distribute controlled substances, announced U.S. Attorney Andrew M. Luger.
According to court documents, on April 26, 2022, a Minnesota State Patrol Trooper traffic stopped Kyle Vernon Elwell, 29, at a gas station in Motley, Minnesota. Elwell was arrested on an active warrant. Before his arrest, Elwell threw a pouch with approximately $7,995 onto the ground. The State Trooper also found a bag with 51 M-30 fentanyl pills on the ground. During a subsequent search of Elwell’s vehicle, law enforcement found approximately 834 grams of methamphetamine, a digital scale, and an unserialized “ghost” handgun.
Elwell pleaded guilty on September 2, 2022, to one count of possession with intent to distribute a controlled substance. He was sentenced yesterday before Senior U.S. District Judge Donovan W. Frank.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Minnesota State Patrol.
Assistant U.S. Attorney Bradley M. Endicott prosecuted the case.
Beverly Hills Plastic Surgeon Agrees to Pay Nearly $24 Million to Settle False Claims Act AllegationsRead the Press Release
A plastic surgeon in Beverly Hills, California, along with his son, medical practices, and billing company, have agreed to pay $23.9 million to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to both Medicare and Medicaid.
The settlement announced today resolves allegations that Dr. Joel Aronowitz; Daniel Aronowitz; Joel A. Aronowitz, M.D., a medical corporation; Tower Multi-Specialty Medical Group; Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient Surgery Center, Inc.; and Tower Medical Billing Solutions (the settling parties) falsified the place of service for skin grafts and billed multiple times for single-use skin substitute products. The United States contends that the Settling Parties manipulated the place of service code on claims for skin grafts to fraudulently maximize reimbursement from Medicare and Medicaid. The United States further contends that Dr. Aronowitz failed to properly dispose of unused portions of single-use skin graft materials and, instead, used them in later procedures involving other Medicare and Medicaid beneficiaries, resulting in thousands of instances of double billing.
“When health care providers violate federal health care program requirements, they undermine the integrity of these programs and waste taxpayer dollars,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the department’s commitment to preventing providers from misappropriating public funds for their own private gain.”
“Our investigation revealed a long-running practice to illegally maximize profits, ultimately costing public health programs millions of dollars,” said U.S. Attorney Martin Estrada for the Central District of California. “The Medicare and Medicaid programs are taxpayer-funded programs, and we are committed to wiping out abuses that line the pockets of unscrupulous providers.”
In connection with the settlement, the Department of Health and Human Services Office of Inspector General (HHS-OIG), negotiated the voluntary exclusion of Dr. Aronowitz and Tower Multi-Specialty Medical Group from Medicare, Medicaid, and all other federal health care programs, as defined in 42 U.S.C. § 1320a-7b(f), for a period of 15 years. Daniel Aronowitz will be excluded for three years.
“HHS-OIG, along with our law enforcement partners, is committed to holding providers accountable for defrauding federal health care programs,” said Special Agent in Charge Timothy B. DeFrancesca of HHS-OIG. “Those who egregiously exploit Medicare and Medicaid put their personal financial gain before patients’ needs and safety.”
Medicaid is funded jointly by the states and the federal government. The state of California paid for a portion of the Medicaid claims at issue and will receive a total of approximately $497,619 from the settlement.
The civil settlement includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by parties that worked for Dr. Aronowitz and his associated medical practices and businesses: TDP, a billing company, Dr. Jason Morris, a podiatrist, and Harold Bautista, a billing department employee. Under the qui tam provisions, a private party can file an action on behalf of the government and receive a portion of any recovery. The civil lawsuits are captioned as follows: United States ex rel. TDP RCM Servs., LLC v. Aronowitz, et al. (C.D. Cal.), United States ex rel. Morris, et al. v. Tower Wound Care Ctr. of Santa Monica, Inc., et al. (C.D. Cal.), and United States ex rel. Bautista et al. v. Tower Outpatient Surgery Center, Inc., et al. (C.D. Cal.). The amount to be recovered by the private parties has not been determined.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Central District of California and the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section. HHS-OIG assisted in the investigation.
The matter was handled by Assistant U.S. Attorney Aaron Ezroj for the Central District of California and Trial Attorney Lyle Gruby of the Civil Division. The exclusions of the individual and entity were negotiated by Senior Counsel Patrice Drew of the HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare 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).
The claims resolved by the settlement are allegations only. There has been no determination of liability.
Beverly Hills Plastic Surgeon Agrees to Pay Nearly $24 Million to Settle False Claims Act AllegationsRead the Press Release
LOS ANGELES – A plastic surgeon in Beverly Hills, along with his son, medical practices and billing company, have agreed to pay $23.9 million to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to both Medicare and Medicaid.
The settlement announced today resolves allegations that Dr. Joel Aronowitz; Daniel Aronowitz; Joel A. Aronowitz, M.D., a medical corporation; Tower Multi-Specialty Medical Group; Tower Wound Care Center of Santa Monica, Inc.; Tower Outpatient Surgery Center, Inc.; and Tower Medical Billing Solutions (the Settling Parties) falsified the place of service for skin grafts and billed multiple times for single-use skin substitute products.
The United States contends that the settling parties manipulated the place of service code on claims for skin grafts to fraudulently maximize reimbursement from Medicare and Medicaid. The United States further contends that Dr. Aronowitz failed to properly dispose of unused portions of single-use skin graft materials and, instead, used them in later procedures involving other Medicare and Medicaid beneficiaries, resulting in thousands of instances of double billing.
“Our investigation revealed a long-running practice to illegally maximize profits, ultimately costing public health programs millions of dollars,” said United States Attorney Martin Estrada. “The Medicare and Medicaid programs are taxpayer-funded programs, and we are committed to wiping out abuses that line the pockets of unscrupulous providers.”
“When health care providers violate federal health care program requirements, they undermine the integrity of these programs and waste taxpayer dollars,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates the Department’s commitment to preventing providers from misappropriating public funds for their own private gain.”
In connection with the settlement, the United States Department of Health and Human Services, Office of Inspector General (HHS OIG), negotiated the voluntary exclusion of Dr. Aronowitz and Tower Multi-Specialty Medical Group from Medicare, Medicaid, and all other federal health care programs for a period of 15 years. Daniel Aronowitz will be excluded for three years.
“HHS-OIG, along with our law enforcement partners, is committed to holding providers accountable for defrauding federal health care programs,” said Special Agent in Charge Timothy B. DeFrancesca of HHS-OIG. “Those who egregiously exploit Medicare and Medicaid put their personal financial gain before patients’ needs and safety.”
Medicaid is funded jointly by the states and the federal government. The state of California paid for a portion of the Medicaid claims at issue and will receive a total of approximately $497,619 from the settlement.
The civil settlement includes the resolution of claims brought under the qui tam, or whistleblower, provisions of the False Claims Act by parties that worked for Dr. Aronowitz and his associated medical practices and businesses: TDP, a billing company; Dr. Jason Morris, a podiatrist; and Harold Bautista, a billing department employee. Under the qui tam provisions, a private party can file an action on behalf of the government and receive a portion of any recovery. The civil lawsuits, all of which were filed in federal court in Los Angeles, are captioned: United States ex rel. TDP RCM Servs., LLC v. Aronowitz, et al., United States ex rel. Morris, et al. v. Tower Wound Care Ctr. of Santa Monica, Inc., et al., and United States ex rel. Bautista et al. v. Tower Outpatient Surgery Center, Inc., et al.. The amount to be recovered by the private parties has not been determined.
The resolution obtained in this matter was the result of a coordinated effort between the United States Attorney’s Office in Los Angeles and the United States Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section. HHS OIG assisted in the investigation.
The matter was handled by Assistant United States Attorney Aaron Ezroj of the Civil Fraud Section and Trial Attorney Lyle Gruby of the Justice Department’s Civil Division. The exclusions of the individuals and entity were negotiated by Senior Counsel Patrice Drew for HHS OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare 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).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Bensalem Man Sentenced to 20 Years’ Imprisonment for Fentanyl TraffickingRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Tarik Wilson, age 24, of Bensalem, Pennsylvania, was sentenced yesterday by U.S. District Court Judge Christopher C. Conner to 20 years’ imprisonment for conspiring to distribute fentanyl. The Court also ordered a five-year term of supervised release to follow the term of imprisonment.
According to United States Attorney Gerard M. Karam, Wilson previously pleaded guilty to conspiring to distribute fentanyl and a fentanyl analogue between March and May 2022 in Lebanon and Bucks Counties. As part of his plea, Wilson also admitted to distributing fentanyl in Lebanon County in April 2020, resulting in the deaths of two individuals.
The case was investigated by the U.S. Drug Enforcement Administration (DEA), the Lebanon County Drug Task Force, the Bucks County Drug Task Force, and the Pennsylvania State Police. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Arlington Doctor Charged with Illegally Distributing OxycodoneRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment this week charging an Arlington doctor with distributing tens of thousands of oxycodone pills for almost a decade for no legitimate medical reason.
According to allegations in the indictment, Kirsten Van Steenberg Ball, 68, was a primary care physician who operated a medical practice out of her home in Arlington. Ball allegedly conspired with her office manager to shield the fact that she was dispensing vast quantities of oxycodone to her patients—contrary to ordinary standards of medical care—from law enforcement and regulatory authorities.
The indictment alleges that Ball’s office manager, Candie Marie Calix, 40, of Front Royal, used an alias to disguise the fact that Calix was, herself, a patient of Ball. According to the indictment, Ball allegedly prescribed her office manager approximately 50,000 oxycodone pills over a period of approximately 10 years.
The indictment further alleges that the Virginia Department of Health Professions (DHP) investigated Ball twice: once in 2015 and once in 2021. Despite the two investigations, Ball did not change her prescribing practices. According to the indictment, examples of Ball’s prescriptions include the following:
- Prescribing a patient as many as 360 oxycodone 30-mg tablets per month;
- Prescribing similarly high quantities of oxycodone to close family members;
- Paying a patient to perform manual labor on Ball’s home while concurrently prescribing the patient oxycodone, ostensibly for long-term pain;
- Loaning a patient $40,000 while concurrently prescribing the patient oxycodone;
- Continuing to prescribe oxycodone to patients after they failed drug screens.
Ball is charged with one count of conspiracy to distribute oxycodone, and 21 counts of distribution of oxycodone. If convicted, she faces a maximum penalty of 20 years in prison on each count. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Calix was sentenced to seven years in prison on September 28, 2022, for conspiring to distribute oxycodone.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, made the announcement.
Assistant U.S. Attorney Katherine E. Rumbaugh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:23-CR-cr-80.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Alliance Woman Sentenced for Drug CrimeRead the Press Release
United States Attorney Steven Russell announced that Tiffany Davis, 40, of Alliance, Nebraska, was sentenced today in federal court in Lincoln for possession with intent to distribute methamphetamine. Senior United States District Judge John M. Gerrard sentenced Davis to 51 months of imprisonment. There is no parole in the federal system. After her release from prison, Davis will begin a four-year term of supervised release.
On November 5, 2021, officers pulled over Davis’s car in Alliance. Officers executed a search warrant on the car and located approximately 44 grams of actual methamphetamine in Davis’s purse. Davis was intending to distribute the methamphetamine.
This case was investigated by the Federal Bureau of Investigation and Box Butte County Sheriff’s Office.Alleged Member of La Oficina de Envigado Pleads Guilty to Role in Drug Trafficking Conspiracy Tied to Medellín CartelRead the Press Release
BOSTON – A Colombian man pleaded guilty yesterday in federal court in Boston to his role in a drug trafficking conspiracy connected with organized crime in the Republic of Colombia.
Mario Zapata Velez, 41, of Medellín, pleaded guilty to conspiracy to commit extortion, conspiracy to commit money laundering, conspiracy to make extortionate threats, interstate travel in aid of racketeering, collection of credit by extortionate means and conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for July 25, 2023. Zapata was indicted by a federal grand jury in May 2020 along with co-conspirators Fabio de Jesus Yepes Sanchez, Miguel Colindres and Juan Pablo Ariasgil.
Zapata and, allegedly, Yepes were members of La Oficina de Envigado (La Oficina), a criminal organization based in Medellín, Colombia. La Oficina originated in the 1980s when its members provided enforcement and collection services for the Medellín Cartel, including deceased Medellín Cartel leader Pablo Escobar. Today, La Oficina is allegedly involved in international narcotics trafficking, drug debt collection, money laundering, extortion and murder for hire.
Zapata and, allegedly, Yepes conspired to use threats to extort approximately $750,000 in drug debt from two cocaine traffickers based in Massachusetts. Zapata and, allegedly, Yepes also conspired with Colindres and Ariasgil to obtain five kilograms of cocaine from the Massachusetts traffickers, sell those kilograms, and then repatriate the drug proceeds to Colombia, in partial satisfaction of the outstanding drug debt.
On April 24, 2023, Colindres was sentenced to 51 months in prison and three years of supervised release after previously pleading guilty to his role in the cocaine conspiracy. In May 2022, Ariasgil was sentenced to four years in prison and four years of supervised release after previously pleading guilty to his role in the cocaine conspiracy. Yepes has not pleaded guilty and is pending trial.
The charge of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine provides for a mandatory minimum sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $10 million. 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.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Valuable assistance in the investigation was provided by the Criminal Division’s Office of International Affairs of the Justice Department; Internal Revenue Service’s Criminal Investigations in Boston; and the Government of Colombia. Assistant U.S. Attorneys Lauren A. Graber and Jared C. Dolan of Rollins’ Criminal Division prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Additional Arrests Made in Fentanyl Distribution Conspiracy Spanning from California to D.C.Read the Press Release
WASHINGTON – Federal law enforcement arrested an additional two members of a fentanyl distribution conspiracy responsible for bringing thousands of fake blue Oxycodone (M30) pills, containing fentanyl, from California to Washington D.C., announced U.S. Attorney Matthew M. Graves, and DEA Special Agent in Charge Jarod Forget, of the Washington Division, and Chief Robert J. Contee, III, of the Metropolitan Police Department.
Max Alexander Carias Torres, 25, and Raymond Nava, Jr., 19, each of Los Angeles, California, are charged in an indictment with conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl. Carias Torres is separately charged with international money laundering. Both men were arrested in Los Angeles, California, on April 26, 2023, and were ordered detained pending trial by United States District Judge Colleen Kollar-Kotelly on April 28, 2023. Three additional members of the conspiracy who were previously arrested, Hector David Valdez, Craig Eastman, and Charles Jeffrey Taylor, also remain detained without bond pending trial.
According to the indictment, from on or about January 2021 to April 2023, Carias Torres, Nava, Valdez, Taylor, and Eastman conspired together to distribute 400 grams or more of a mixture and substance containing fentanyl. Carias Torres is also alleged to have conspired to commit international promotional money laundering in connection with proceeds derived from the drug trafficking conspiracy.
Carias Torres was arrested inside his residence in Los Angeles, California on April 26, 2023. During a search of his residence, law enforcement recovered approximately a half-kilogram of suspected methamphetamine, numerous fake blue Oxycodone (M30) pills, and drug ledgers. Valdez was arrested on February 24, 2023, in the Central District of California. During a search of his residence, law enforcement recovered over 4.4 kilograms of blue M30 pills and a half-kilogram brick of powder, which tested positive for fentanyl. Valdez was ordered detained pending trial and is currently being transferred to the District of Columbia for prosecution. On March 22, 2023, law enforcement arrested Taylor and Eastman inside Taylor’s residence and seized seven firearms while executing a search warrant.
The drug trafficking conspiracy charge carries a mandatory minimum sentence of 10 years in prison up to life; the money laundering conspiracy charge carries a sentence of up to 20 years in prison. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The investigation of this case had the sponsorship and support of the federal Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.
The prosecutions followed a joint investigation by the DEA Washington Division in partnership with the Metropolitan Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the U.S. Postal Inspector, with additional support from the DEA Los Angeles and Riverside Field Offices. It is being prosecuted by Assistant U.S. Attorneys David T. Henek, Matthew W. Kinskey, and Andy Wang of the Violence Reduction and Trafficking Offenses (VRTO) Section.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
27 April 2023
“Pig meat” hauler sentenced for smuggling 71 people in trailerRead the Press Release
LAREDO, Texas – A 48-year-old Splendora resident has been order to federal prison for transporting undocumented aliens, announced U.S. Attorney Alamdar S. Hamdani.
Denny Fuentes pleaded guilty Sept. 15, 2022.
Today, U.S. District Judge Diana Saldaña ordered Fuentes to serve 15 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard the aliens, including five unaccompanied minors, were locked in the semi-trailer. In handing down the sentence, the court noted that Fuentes put everyone who was in the trailer in danger of harm.
On June 15, 2022, Fuentes drove a white semi-tractor pulling a white refrigerated utility trailer. He slowly approached the primary commercial lane at the Border Patrol (BP) checkpoint in Webb county, but authorities had to order him to stop.
At initial inspection, he displayed nervous behavior, and his lips were trembling. Fuentes told authorities he was “hauling pig meat.” He provided his passport and a manifest for products requiring transport at no higher than 45 degrees. However, the trailer temperature was set at 56 degrees.
Upon a secondary inspection, authorities discovered 71 undocumented aliens that included five minors.
The temperature inside the enclosed metal trailer was almost 80 degrees while the outside temperature was approximately 100 degrees.
Fuentes was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility no earlier than September 8, 2023.
Homeland Security Investigations conducted the investigation with the assistance of BP. Assistant U.S. Attorney Homero Ramirez prosecuted the case.
Waterbury Man Sentenced to 2 Years in Federal Prison for Lying to Federal Agents Investigating Waterbury Gang ViolenceRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that SHAN THOMPSON, 25, of Waterbury, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for making false statements to federal law enforcement agents investigating gang-related violence in Waterbury.
According to court documents and statements made in court, the FBI, ATF, and Waterbury Police have been conducting a long-term investigation into drug trafficking and numerous acts of violence being committed by gang members in Waterbury. In November 2018 and September 2019, Thompson made false statements to FBI special agents about a shooting incident that occurred in the area of Wolcott Street in Waterbury on November 22, 2017, which resulted in the deaths of two individuals.
Thompson has been detained in state custody since February 2018. On February 2, 2023, he pleaded guilty in federal court to two counts of making a false statement to a government agent.
This investigation is being conducted by the FBI’s Northern Connecticut Gang Task Force, ATF and Waterbury Police Department, with the assistance of the Watertown Police Department, New Milford Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Geoffrey M. Stone, John T. Pierpont, Jr. and Natasha M. Freismuth, and Supervisory Assistant State’s Attorney Don E. Therkildesen and Deputy Assistant State’s Attorney Alexandra Arroyo of the Waterbury State’s Attorney’s Office, who have been cross-designated as Special Assistant U.S. Attorneys in this matter.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Waterbury Man Admits Role in Kidnapping and Murder of Massachusetts Man Whose Body was Found in HartfordRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that CALVIN ROBERSON, also known as “Cutty,” 40, of Waterbury, pleaded guilty today in New Haven federal court to offenses related to the kidnapping and murder of a Massachusetts man in 2020.
According to court documents and statements made in court, on December 24, 2020, Roberson and another individual kidnapped Francisco Roman, Jr., 28, at gunpoint from a residence in Chicopee, Massachusetts. Roberson and his associate threatened to harm Roman if he did not comply with their orders, handcuffed him, and stole cash, marijuana, and other items from Roman. Roberson and his associate forced Roman into the rear of Roman’s 2010 Acura ZDX, and transported Roman and the other stolen property to Connecticut. Roberson’s associate shot and killed Roman while the car was en route to Hartford. They then drove the car to Shultas Place in Hartford and left it parked on the street.
Shortly before 9 p.m. on December 26, 2020, Hartford police and fire personnel responded to Shultas Place and found the car engulfed in flames. After the fire was extinguished, investigators discovered Roman’s body with multiple gunshot wounds in the rear of the vehicle.
Roberson was arrested on February 11, 2021.
Roberson pleaded guilty to one count of conspiracy to commit kidnaping, and one count of causing the death of a person through the use of a firearm. At sentencing, Roberson faces a maximum term of imprisonment of life. He has been detained since his arrest.
As to Roberson’s associate, who is awaiting trial, U.S. Attorney Avery that charges are not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the FBI’s Northern Connecticut Gang Task Force, FBI’s Springfield Gang Task Force, Massachusetts State Police, Hampden County (Mass.) District Attorney’s Office, Hartford Police Department’s Major Crimes Division, Chicopee Police Department and Springfield Police Department, with the assistance of the Waterbury Police Department and the FBI’s Atlanta Field Office.
This case is being prosecuted by Assistant U.S. Attorneys Brian P. Leaming and Angel M. Krull.
U.S. Attorney Avery thanked the U.S. Attorney’s Office for the Middle District of Georgia and the U.S. Attorney’s Office for the District of Massachusetts for their assistance in this matter.
Washington County Man Admits to Stealing 32 Firearms from Hudson Falls Gun Store, and Using the Firearms in Relation to Drug TraffickingRead the Press Release
ALBANY, NEW YORK – Jonathon Combs, age 43, of Granville, New York, pled guilty today to two counts of theft of firearms from a licensed dealer, and to using firearms during and in relation to 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); New York State Police (NYSP) Acting Superintendent Steven A. Nigrelli; and Washington County Sherriff Jeffrey J. Murphy made the announcement.
Combs admitted to stealing firearms from Calamity Jane’s Firearms and Fine Shoes, a federally licensed firearms dealer, in Hudson Falls, New York, on two separate dates in October 2022. On the second occasion, Combs and a co-conspirator used a sledgehammer to break into the store after hours and steal 31 semi-automatic pistols. Combs and the co-conspirator subsequently exchanged most of the stolen pistols to another individual in return for a supply of cocaine.
Combs faces at least 5 years and up to life in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 5 years when he is sentenced by United States District Judge Anne M. Nardacci. A defendant’s sentence is imposed by a judge based on the particular statutes the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The following defendants still face charges in this case, and face the following penalties:
Name
Age
Minimum
Maximum
Martin Taft
48
5 years
Life
Kwahpreme Mitchell
32
5 years
Life
These charges are merely accusations, and Taft and Mitchell are each presumed innocent unless and until proven guilty.
NYSP, ATF and the Washington County Sheriff’s Office investigated this case with assistance provided by the Washington County District Attorney’s Office. Assistant U.S. Attorneys Emmet O’Hanlon and Allen J. Vickey are prosecuting this case.
Vermonter Pleads Guilty to Attempted Enticement and Coercion of a MinorRead the Press Release
ALBANY, NEW YORK – Scarlet Shadows, a/k/a “Dragongurl69,” age 32, of West Rutland, Vermont, pled guilty today to one count of attempted enticement of a minor. United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Shadows, formerly known as Randy Emillion Goodreau, admitted that she attempted to entice and coerce an individual, whom Shadows believed to be an 11-year-old girl, to have sex. After weeks of exchanging sexually explicit text messages with this individual and another person Shadows believed was the child’s guardian, Shadows traveled in January 2022 from Vermont to Warren County, New York, with an engagement ring, condoms, and gifts for the child, intending to have sex with the child.
Shadows faces at least 10 years and up to life in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000 when she is sentenced on August 25, 2023 by United States District Judge Anne M. Nardacci. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Shadows will also be required to register as a sex offender upon her release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state, and local law enforcement agencies, including the Colonie Police Department and the New York State Police. Assistant United States Attorney Joshua R. Rosenthal is prosecuting the case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
U.S. Attorney's Office Joins in Recognizing 42nd Annual National Crime Victims' Rights Week, April 23-29, 2023Read the Press Release
PORTLAND, Ore.— Every April, the Justice Department’s Office for Victims of Crime (OVC) leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW) to honor crime victims, promote their rights and recognize victim advocates. This year’s observance, the 42nd annual commemoration, takes place April 23-29, 2023, with the theme: Survivor Voices: Elevate. Engage. Effect Change.
The U.S. Attorney’s Office joins its federal, state, local and Tribal law enforcement partners in taking this opportunity to highlight the importance of providing necessary services at the earliest possible stage of victimization and litigation. Early intervention helps prevent further victimization and encourages victim involvement in the criminal justice system, mitigating the cycle of violence and restoring hope for the future.
“Giving victims information and choices about how they can participate fully in cases is not only their right, but also meaningful and helpful for their recovery from the trauma of their victimization. We are honored to be a part of this important process,” said Amanda Reichmuth, Victim-Witness Coordinator for the District of Oregon.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local, and tribal agencies host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services.
OVC and U.S. Attorney’s Offices encourage widespread participation in the week’s events and in other victim-related observances throughout the year. For additional information about this year’s National Crime Victims’ Rights Week and how to assist victims in your community, please visit OVC’s website at www.ovc.gov. For ongoing updates from OVC and ideas throughout the year on how you can support victims, please subscribe to OVC’s email notifications at https://ovc.ncjrs.gov/ncvrw/subscribe/.
If you or someone you know are in immediate danger, please call 911. If you believe you’ve been the target or victim of a crime, please contact your local law enforcement agency or your nearest FBI field office immediately. The FBI Portland Field Office can be reached at (503) 224-4181 or by submitting tips online at tips.fbi.gov.
Tifton Bartender Sentenced to Prison for Distributing Fentanyl and MethRead the Press Release
ALBANY, Ga. – A Mexican citizen who was brokering large amounts of fentanyl and methamphetamine while working as a bartender in Tifton, Georgia, was sentenced to federal prison for his crime.
Edgar Fernando Neri aka Colocho, 22, of Guadalajara, Mexico, was sentenced to serve 87 months in prison to be followed by three years of supervised release by U.S. Senior District Judge Hugh Lawson on April 26, after he previously pleaded guilty to one count of distribution of methamphetamine. There is no parole in the federal system.
“Fentanyl is a poison infecting our communities and attracts other dangerous criminal activities, as seen in this case,” said U.S. Attorney Peter D. Leary. “We are working with law enforcement at every level to push back against the threat of fentanyl and the international criminal networks supporting its distribution.”
“A large amount of illegal drugs was taken off the streets of South Central Georgia. We will continue to dedicate resources to investigating drug activity to make our communities safer. Thank you to our federal partners for being a force multiplier when it comes to successfully investigating and prosecuting these types of cases,” said GBI Director Michael Register.
“This defendant posed a clear and present danger to the Tifton community by dealing in dangerous drugs, including discussions of firearms trafficking,” said Robert J. Murphy, the Special Agent in Charge of the Atlanta Field Division. “Thanks to collaborative partnerships between the DEA and its law enforcement partners, this defendant no longer poses a threat to Tifton and elsewhere.”
According to court documents, GBI agents developed a confidential source in late August 2021 who had information regarding the distribution of methamphetamine in Tifton (Tift County). The confidential source had been purchasing drugs from a local bartender known as "Colocho.” During the investigation, Neri discussed moving pounds of methamphetamine, multiple kilos of cocaine, as well as the purchase of body armor, rifles, a rocket launcher and rockets with his supplier in Los Angeles, California.
Multiple controlled purchases of methamphetamine were made from Neri, and Neri arranged for shipments of more methamphetamine and fentanyl pills from his L.A. source. Packages containing three pounds of methamphetamine and 1,990 blue fentanyl pills were sent from Neri’s source in L.A. to Tifton in Oct. 2021; Neri was taken into custody on Oct. 19, 2021. Neri is being held responsible for distributing 1,290.93 grams of actual methamphetamine based on the high level of purity of the methamphetamine involved and 1,990 pills containing fentanyl and weighing 205.92 grams.
The case was investigated by DEA, GBI and the Tift County Sheriff’s Office, with assistance from the U.S. Postal Inspection Service.
Assistant U.S. Attorney Robert D. McCullers prosecuted the case.
Three Individuals Charged with Unlawfully Possessing U.S. Postal Service Key and Possession of Stolen MailRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury yesterday indicted three individuals with possession of stolen mail and the unlawful possession of postal service keys, announced U.S. Attorney Prim F. Escalona and U.S. Postal Inspection Service Inspector-in-Charge Scott D. Fix, Houston Division.
A nine-count indictment filed in U.S. District Court charges Derrell Allen Matthews, 25, of Birmingham and Keaundria Janae Gresham, 30, of Pleasant Grove, with conspiracy. Matthews was also charged with paying a bribe to a public official, possession of U.S. Postal Service Keys, stolen or reproduced, and possession of stolen mail. Gresham was also charged with public official accepting a bribe and possession of U.S. Postal Keys, stolen or reproduced. Steven Cornelius Hudson, Jr, 34, of Bessemer, was charged with possession of stolen mail.
According to the indictment, Gresham was employed by the United States Postal Service (USPS) as a letter carrier and was assigned to a U.S. Post Office in Birmingham. Between July 2022 and November 2022, Gresham used her position to provide unauthorized access to a USPS Arrow Keys to Matthews in exchange for money. In October 2022, Matthews was found in possession of a postal service key and stolen mail. In April 2023, Matthews, along with co-defendant Hudson, Jr., was found in possession of a postal service key and stolen mail.
If you like to report United States Postal Service mail theft or other crimes committed through or towards the United States Postal Service, please contact the United States Postal Inspection Service at 1-877-876-2455 or https://www.uspis.gov/report.
The maximum penalty for conspiracy is five years in prison. The maximum penalty for unlawful possession of a postal service key is 10 years in prison. The maximum penalty for paying a bribe to a public official and a public official accepting a bribe is 15 years in prison. The maximum penalty for possession of stolen mail is five years in prison.
U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorney Daniel McBrayer is prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Texas Tax Preparer Sentenced for False ReturnsRead the Press Release
A Texas woman was sentenced today to 27 months in prison for willfully assisting clients in the preparation and filing of false tax returns with the IRS.
According to court documents, between 2014 and 2017, Adela Cruz operated a business in Uvalde County preparing tax returns. To inflate her clients’ refunds, Cruz claimed on those returns false education credits, dependents, and business profits or losses. Cruz did not sign these false returns as the preparer, but rather concealed her involvement by using fictitious taxpayer emails. Cruz also claimed false education credits on her own tax returns for 2015 and 2016.
In addition to the term of imprisonment, U.S. District Judge David Counts ordered Cruz to serve one year of supervised release and to pay a $1,500 fine and $129,239 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jaime E. Esparza for the Western District of Texas made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Robert A. Kemins and Nicholas J. Schilling, Jr., of the Justice Department’s Tax Division are prosecuted the case.
Tesoro to Pay $27.5 Million for Violating Previous Court Order Requiring it to Reduce Air Pollution at Its Martinez, Calif. RefineryRead the Press Release
The Department of Justice and the Environmental Protection Agency (EPA) today announced that Tesoro Refining and Marketing Company will pay a $27.5 million penalty for violating a 2016 consent decree ordering the company to reduce air pollution at its petroleum refinery in Martinez, California. In particular, according to today’s settlement, Tesoro failed to limit air emissions of nitrogen oxides (NOX), a pollutant that contributes to smog.
The settlement requires Tesoro to adhere to strict pollution controls at the facility. The facility is currently undergoing conversion into a renewable fuels plant, which will use renewable sources such as vegetable oils to produce fuels instead of crude oil. The settlement also sets up a framework for additional pollutant reductions, including significant climate co-benefits. Specifically, the settlement requires Tesoro to forego hundreds of annual emission credits that it could otherwise sell to area sources who could then increase their emissions.
“Today, we are holding Tesoro accountable for its failure to implement court-ordered pollution controls,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement requires Tesoro to forfeit substantially more air emission credits than the excess emissions associated with its violations, resulting in cleaner air for those who live and work in the San Francisco area.”
“Tesoro did not meet the consent decree pollution limit because it did not install adequate pollution controls,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “As this settlement shows, EPA will seek substantial penalties when companies delay installing appropriate pollution controls to meet environmental obligations.”
In May 2020, Tesoro suspended operations at the Martinez refinery and then announced its plan to convert the refinery to a renewable fuels plant. Today’s agreement includes requirements to limit air pollution from the future renewable fuels plant. The agreement does not prohibit Tesoro from resuming petroleum refining, but if it does so, Tesoro must install specific air pollution control technology, at an expected cost of $125 million, to ensure stringent NOX emission limits are met.
“Tesoro failed to meet its requirement to reduce air pollution at the Martinez refinery, and EPA is now taking firm action to hold Tesoro accountable,” said Regional Administrator Martha Guzman of the EPA Pacific Southwest. “This settlement ensures that Tesoro complies with stringent air pollution limits, to protect neighboring communities regardless of fuel type.”
To mitigate pollution resulting from its violation of the 2016 consent decree, Tesoro agreed to surrender most of its existing NOX emission trading credits. Tesoro also agreed to forego almost all trading credits from the shutdown of petroleum refining equipment should it convert to a renewable fuels plant. A company can receive emission credits by shutting down equipment and then apply such credits to offset emissions from new projects or trade such credits to other companies for their use. By requiring Tesoro to surrender existing credits and forego petroleum-related shutdown credits if it converts to a renewable fuels plant, the settlement prevents Tesoro and other local sources from using these credits. As a result, the settlement filed today will limit emissions in the San Francisco Bay area.
Specifically, if Tesoro resumes petroleum refining, the settlement requirements will reduce annual air emissions by about 261 metric tons of NOX. If Tesoro converts the facility to a renewable fuels plant, the settlement will result in annual air emissions reductions of about 440 tons of NOX, 327 tons of sulfur dioxide, 697 tons of carbon monoxide, 69 tons of volatile organic compounds, 301 tons of fine particulate matter and the equivalent of 1,342,025 tons of carbon dioxide.
The terms of a 2016 federal consent decree, which resolved Clean Air Act violations at the Martinez refinery and five other refineries nationwide, established emission limits for multiple pollutants including NOX. The settlement announced today, which will modify the 2016 settlement, includes new requirements that apply whether Tesoro chooses to reopen the Martinez facility as a petroleum refinery or a renewable fuels plant.
There will be a 30-day public comment period on the modification to the 2016 settlement. Information on how to comment on the modification will be available in the Federal Register and at www.justice.gov/enrd/consent-decrees.
For more information on the 2016 federal consent decree and today’s agreement, go to 2023 Tesoro Martinez Clean Air Act Settlement Information Sheet | US EPA.
Summerset Man Sentenced for Child Pornography and Assault on a Federal OfficerRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Summerset, South Dakota, man convicted of Receipt of Child Pornography and Assault on a Federal Officer. The sentencings took place on April 21, 2023.
As to the charge of Receipt of Child Pornography, Caleb Wayne Cook, 24, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
For the Assault on a Federal Officer, Cook was sentenced to 18 months in federal prison, to be served consecutively to the other five-year sentence, followed by three years of supervised release, and ordered to pay another $100 special assessment to the Federal Crime Victims Fund.
Cook was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in March of 2022. He was indicted for Assault on a Federal Officer in May of 2022. He pleaded guilty on January 18, 2023.
Between September 2016 and December 2021, Cook used the Internet to download images of child pornography and videos depicting child pornography into his Dropbox account and other devices. This conduct was brought to the attention of law enforcement through a Cybertip sent by Dropbox to the National Center for Missing and Exploited Children. When the Dakota Territory Fugitive Taskforce executed the arrest warrant on Cook at his workplace, Deputy U.S. Marshals attempted to place Cook into custody. Cook pulled a handgun out of his waistband, racked the slide, and barricaded himself in a restroom. The Rapid City Special Response Team and their negotiators were called in and were able to talk Cook out of the restroom. Cook was placed under arrest for the child pornography charges and an additional charge for the assault on the Deputy U.S. Marshals.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006, by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the South Dakota Division of Criminal Investigation Internet Crimes Against Children Task Force, Pennington County Sheriff’s Office, Rapid City Police Department, and the U.S. Marshals Service. Assistant U.S. Attorney Heather Knox Sazama prosecuted the case.
Cook was immediately remanded to the custody of the U.S. Marshals Service.
Suburban Chicago High School Coach Charged with Possession of Child PornographyRead the Press Release
CHICAGO — A suburban Chicago high school track and field coach has been charged with possessing child pornography.
Per the complaint, beginning in the summer of 2022 and continuing until September of 2022, GLEN CLIFFORD MESSMER, 46, of Darien, an assistant track coach at High School A, interacted with at least two minors, Minor A and Minor B, in another State via the social media platforms Snapchat and Telegram. Messmer convinced the two minors to produce child sexual abuse material, in at least one instance providing specific instructions as to how to produce the material he wanted. The complaint alleges that Messmer paid Minor A and Minor B for the child sexual abuse material via CashApp.
On April 25, 2023 law enforcement executed a search warrant at Messmer’s home and identified multiple image and video files that contained child pornography on a computer in the residence. Messmer was arrested and had an initial appearance before United States Magistrate Judge Jeffrey Cummings on April 26, 2023. Messmer is currently detained in federal custody pending a detention hearing before Judge Cummings.
The charge was announced by Morris Pasqual, Acting United States Attorney for the Northern District of Illinois; and Sean Fitzgerald, Special Agent-in-Charge of the Chicago Office of Homeland Security Investigations. The government is represented by Assistant U.S. Attorney Adam Rosenbloom.
The public is reminded that a complaint contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charges are punishable by a maximum of 10 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
Stratford Doctor Sentenced to 4 Years in Federal Prison for Health Care Fraud and Illegal Kickback OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ANANTHAKUMAR THILLAINATHAN, MD, 45, of Stratford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 48 months of imprisonment, followed by three years of supervised release, for health care fraud and illegal kickback offenses.
According to court documents and statements made in court, Thillainathan is a medical doctor and the owner and president of MDCareNow LLC, a medical practice with offices in Stratford and Milford. MDCareNow has been a participating provider enrolled as both an internal medicine group and as a behavioral health clinician group in the Connecticut Medicaid program. Between approximately June 2019 and May 2022, Thillainathan submitted or caused to be submitted to Connecticut Medicaid approximately $839,724 in fraudulent claims for psychotherapy services that he knew patients did not receive from his employees. Thillainathan knew that the billed psychotherapy Current Procedural Terminology (CPT) codes, which identify the nature and complexity of the services provided, were not supported by medical records provided by his employees, and that the services were not provided. The investigation revealed that Thillainathan submitted fraudulent claims to Medicaid for reimbursement that falsely represented his employees had rendered 60-minute psychotherapy sessions when, in fact, his employees only had very brief conversations with patients, had only left a voicemail for patients, or had no contact with patients at all.
In addition, in violation of his Connecticut Medical Assistance Program (CTMAP) provider agreement, Thillainathan paid a third-party “patient recruiting” company for each Connecticut Medicaid patient the company recruited and provided with transportation to MDCareNow for medical services. Thillainathan paid the patient recruiting company approximately $100 per patient for an initial visit to MDCareNow and approximately $40 per patient for any subsequent visit. Between approximately November 2019 and May 2021, Thillainathan paid the patient recruiting company for the recruitment of approximately 1,018 Connecticut Medicaid patients, and Connecticut Medicaid reimbursed MDCareNow a total of approximately $1,071,328 for services provided to these patients.
Judge Underhill ordered Thillainathan to pay $1,674,880 in restitution, with $500,000 due within 60 days.
On November 3, 2022, Thillainathan pleaded guilty to one count of health care fraud and one count of kickbacks involving federal health care programs.
While he was released on bond and awaiting sentencing, Thillainathan surrendered his Connecticut Controlled Substance Certificate of Registration. Despite no longer holding a valid controlled substance license, Thillainathan wrote at least 34 prescriptions for controlled substances, including 14 prescriptions for oxycodone. Thillainathan’s bond was revoked, and he has been detained since January 13, 2023.
Thillainathan, a citizen of Sri Lanka and a lawful permanent resident of the U.S., faces immigration proceedings when he completes his prison term.
This investigation was conducted by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG), the Medicaid Fraud Control Unit of the Connecticut Chief State’s Attorney’s Office, the Connecticut Attorney General’s Office and the Connecticut Department of Social Services. The case was prosecuted by Assistant U.S. Attorneys Heather L. Cherry and Elena L. Coronado.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Sioux City Woman Sentenced to Federal Prison for Lying on Firearm Purchase FormRead the Press Release
Christen Williams, 35, from Sioux City, Iowa, was sentenced today to 10 months in federal prison for making false statements during the purchase of a firearm. Williams received the prison term after a December 5, 2022, guilty plea.
Evidence at the hearing established that between August 23 and 24, 2021, Williams purchased three firearms from Fleet Farm in Sioux City. Williams falsely indicated on the purchase forms that she was the intended recipient when she was purchasing the firearms on the behalf of another. These firearms were later recovered at three separate crime scenes over the next 46 days, one of which was a drive-by shooting.
Williams was sentenced in federal court in Sioux City, Iowa, by United States District Court Chief Judge Leonard T. Strand to 10 months’ imprisonment. She must also serve a 1-year term of supervised released following the prison term. There is no parole in the federal system.
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 prosecuted by Assistant United States Attorney Kraig R. Hamit and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4079. Follow us on Twitter @USAO_NDIA.
Sioux City Man Pleads Guilty to Illegal Possession of FirearmsRead the Press Release
Felipe Martin, 26, from Sioux City, Iowa, pled guilty on April 27, 2023, to being a prohibited person in possession of firearms.
Evidence at the plea hearing showed that on August 29, 2022, law enforcement conducted a traffic stop in Lemars, Iowa, of a vehicle that defendant was driving and noted the odor of marijuana coming from inside the vehicle. During a search of the vehicle, a Glock 9mm Luger, a .45 ACP pistol, ammunition, and a marijuana roach were found. Law enforcement later executed a search warrant at defendant’s residence and recovered drug paraphernalia, baggies, cocaine, and marijuana. Defendant further admitted he was an unlawful user of marijuana and cocaine, which by federal law prohibits a person from possessing any firearm or ammunition.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Martin was allowed to remain on release pending sentencing. He faces a possible maximum sentence of 15 years’ imprisonment, a $250,000 fine, and not more than three years of supervised release following any imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Plymouth County Sheriff’s Office, Le Mars Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4078. Follow us on Twitter @USAO_NDIA.
Silicon Valley Start-Up Founder Pleads Guilty to Securities Fraud for Overstating Revenue to InvestorsRead the Press Release
SAN FRANCISCO – Manish Lachwani pleaded guilty in federal court in San Francisco today to wire fraud and securities fraud charges in connection with his scheme to dupe potential investors into supporting the technology start-up he founded and led, announced United States Attorney Ismail J. Ramsey and FBI Special Agent in Charge Robert K. Tripp. The guilty pleas were accepted by U.S. District Judge Charles R. Breyer.
Lachwani, 47, of Los Altos, Calif., founded Silicon Valley-based HeadSpin, a company that provided clients with software tools and access to devices to test mobile applications. Lachwani founded the company in 2015 and served as its Chief Executive Officer until May 2020. Between April 2017 and April 2020, HeadSpin raised more than $100 million from investors over multiple rounds of fundraising, leading to a valuation of approximately $1.1 billion. According to his plea agreement, Lachwani admitted that he disseminated false and overstated revenue metrics to potential investors to lure investments into his company.
The plea agreement provides several details of the fraud. Lachwani acknowledged that while HeadSpin was raising money, he provided to prospective investors information about the company’s business, customers, revenue, and finances. Further, because HeadSpin was a software-as-a-service company, Lachwani knew that annual recurring revenue, known as “ARR,” was significant to investors and their decisions whether to invest in HeadSpin. According to the plea agreement, Lachwani admitted that he provided prospective investors with inflated ARR numbers and overstated revenue numbers. With respect to these metrics, Lachwani included amounts from potential customers that had not agreed to pay subscription fees to HeadSpin, amounts that were more than real customers had agreed to pay, and amounts from customers that had stopped using and paying for HeadSpin’s services. Lachwani maintained and controlled an ARR spreadsheet that contained this false information and which he shared with potential investors. In 2018, in connection with a round of fundraising, Lachwani sent a slide deck to investors that stated HeadSpin’s ARR was more than $33 million as of the second quarter of 2018, though Lachwani knew the company’s ARR was far less. In 2019, during another round of fundraising, Lachwani again provided information to investors that overstated ARR, this time stating that HeadSpin’s ARR was $54 million when, in fact, it was far less.
Similarly, with respect to revenues, Lachwani sent invoices to HeadSpin’s accountant that Lachwani knew were altered to show amounts not actually invoiced to clients. HeadSpin investors received financial statements that were impacted by the altered invoices.
On August 4, 2022, a federal grand jury handed down a superseding indictment that charged Lachwani with 11 counts of wire fraud in violation of 18 U.S.C. § 1343, one count of money laundering in violation of 18 U.S.C. § 1957, and four counts of securities fraud in violation of 15 U.S.C. § 78j(b) and 78ff and 17 C.F.R. § 240.10b-5. Pursuant to the plea agreement, Lachwani pleaded guilty to two counts of wire fraud and one count of securities fraud. If Lachwani complies with the plea agreement, the remaining counts will be dismissed at sentencing.
Lachwani is currently released on bond.
U.S. District Judge Breyer scheduled Lachwani’s sentencing hearing for September 27, 2023, at 10:00 a.m. The maximum statutory penalty for each count of wire fraud is 20 years in prison and a fine of $250,000. The maximum statutory penalty for securities fraud is 20 years in prison and a fine of $5 million, plus restitution if appropriate. In addition, as part of the sentence Lachwani may be ordered to pay additional fines and to serve an additional term of supervised release after any prison sentence. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The case is being prosecuted by the Corporate and Securities Fraud Section of the U.S. Attorney’s Office for the Northern District of California. Assistant U.S. Attorneys Lloyd Farnham, Noah Stern, and Ross Weingarten are prosecuting the case with the assistance of Elizabeth Kim and Pat Mahoney. The prosecution is the result of an investigation by the FBI. The U.S. Attorney’s Office and the FBI thank the San Francisco Regional Office of the Securities and Exchange Commission (SEC). An SEC civil enforcement action is currently pending against Lachwani in the Northern District of California.
Shiprock Woman Charged with Involuntary Manslaughter and AssaultRead 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 Courtney Frank was arraigned on an indictment charging her with involuntary manslaughter and assault resulting in serious bodily injury. Frank, 19, of Shiprock, and an enrolled member of Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
According to the indictment, on Sept. 28, 2022, Frank operated a motor vehicle without due caution and circumspection and with a wanton and reckless disregard for human life when she knew and should have known that her conduct imperiled the lives of others. Frank, who was driving drunk, crashed her car head-on into a car driven by a mother and son, killing the mother and injuring the son.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Frank faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department and the New Mexico State Police. Assistant United States Attorney Zachary C. Jones is prosecuting the case.
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Savage Life Gang Members Sentenced to Racketeering ChargesRead the Press Release
DAVENPORT, IA – Two Davenport men were sentenced on Tuesday, April 25, 2023, in relation to a racketeering prosecution. Austin Zachary Ruiz, 28, was sentenced to 202 months in federal prison for assault with a dangerous weapon in aid of racketeering and use and carry a firearm during and in relation to a crime of violence. Olajuwan Hakeem Culbreath, 27, was sentenced to 152 months in federal prison for aiding and abetting the same charges.
In 2016 and 2017, as members of Savage Life Boys (SLB), a Davenport-based street gang, Ruiz and Culbreath were involved in multiple shootings. In December 2016, Ruiz and other SLB members robbed and physically assaulted another male, including pistol-whipping him, at a dice game at an apartment in Davenport. The male escaped from the apartment, but Ruiz chased him, firing numerous rounds at the vehicle in which he fled. The male sustained wounds from the assault and the driver of the vehicle sustained a gunshot wound.
In January 2017, Ruiz, Culbreath, and co-defendant Dimetri Smith were at the NorthPark Mall when they saw a rival gang member. Culbreath, Ruiz, and Smith went to their car, where they had firearms. Culbreath drove to the mall entrance where they expected the rival gang member to exit. When they saw the rival gang member, Ruiz and Smith chased him through the mall parking lot, shooting at him.
In February 2017, Culbreath and co-defendants Smith, Darion Gardner, Najawaun Quinn, and other SLB members started an altercation at a concert at the Hotel Davenport due to perceived disrespect for their gang. During the altercation, Gardner shot and killed one male and injured another. To create a diversion and escape from the hotel, Culbreath fired one round, which did not strike anyone.
In April 2017, Ruiz and Smith were at Centennial Park in Davenport when they saw a male who recently robbed another SLB member’s dice game. Ruiz, armed with a firearm, got out of their vehicle to confront the male. The men struggled over the firearm, which discharged, striking the male in the foot. Smith then joined the altercation, choking the male to unconsciousness to assist them in their flight.
Ruiz and Culbreath committed these acts with the intent to maintain or increase position in the gang.
Following their prison terms, both Ruiz and Culbreath must each serve five years of supervised release. There is no parole in the federal system.
Co-defendants Quinn and Smith are scheduled to be sentenced on August 8, 2023, after a federal jury convicted them of racketeering-related charges following a 7-day trial in February 2023.
In December 2022, Gardner was sentenced to 450 months in prison.
“The hard work and dedication of our officers, investigators, and federal prosecutors delivered justice for those impacted by these violent crimes,” said Davenport Police Assistant Chief Major Jamie Brown. “These cases demonstrate the collaboration and commitment to keeping our community safe.”
United States Attorney Richard D. Westphal the Southern District of Iowa made the announcement. The Davenport Police Department investigated the case.
Savage Life Boys Gang Member Sentenced to Federal Prison for Firearms ChargeRead the Press Release
DAVENPORT, IA – A Davenport man was sentenced on Monday, April 24, 2023, to 60 months in federal prison for being a felon in possession of firearms.
In December 2021, law enforcement identified Milton Lee Howard, Jr., 21, after conducting surveillance at a residence in Davenport. Howard had an active arrest warrant for escape. Howard, a Savage Life Boys gang member, and four additional Savage Life Boys members left that residence in a vehicle, which law enforcement followed to a gas station. Law enforcement blocked the vehicle in, detained the occupants, searched the vehicle, and arrested Howard. Four firearms, an extended magazine, marijuana, and four cell phones were located inside the vehicle. A forensic examination was performed on the seized phones, as well as on the vehicle occupants’ social media accounts. The examination revealed photographs and videos of Howard and other gang members displaying firearms, including two firearms seized from the vehicle. At the time of his arrest, Howard knew he was prohibited from possessing firearms due to his status as a felon.
Following his prison term, Howard must also serve a three-year term of supervised release. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Davenport Police Department investigated the case.
Rio Rancho Man Charged with Possession of Destructive DevicesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court today for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.
According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.
Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
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Rio Rancho Man Charged with Possession of Destructive DevicesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that Peter Ryan Lynch was charged with receipt or possession of a destructive device. Lynch, 46, of Rio Rancho, appeared in federal court for a detention hearing and will remain on conditions of release pending trial, which has not been scheduled.
According to a criminal complaint, on April 20, 2023, agents from Homeland Security Investigations (HSI) executed a warrant authorizing the search of the residence of Lynch for receiving firearms silencers mailed from China. While clearing the residence, HSI agents located four “pipe bombs,” materials for building pipe bombs, a shotgun, corresponding ammunition, a ballistics vest and several inert grenades.
Inert grenades are often sold as collectors’ items with a hole drilled into the end and the internal components removed. At least one of the grenades recovered at the residence appeared ready to load with a propellant. At the time the warrant was executed, agents determined that one of the pipe bombs was functional and capable of detonation. The other three pipe bombs consisted of two smaller PVC pipes with end caps, and one larger metal pipe fitted with end caps and a fuse.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Lynch faces up to 10 years in prison.
Homeland Security Investigations investigated this case with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and New Mexico State Police. Assistant United States Attorney Jon K. Stanford is prosecuting the case.
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