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Wednesday 8 March 2023
Federal Jury Convicts Henryetta Resident of Aggravated Sexual Abuse and Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Sean Paul Baker, age 30, of Henryetta, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Sexual Abuse of a Minor in Indian Country. The jury trial began on Monday, March 6, 2023, and concluded on Wednesday, March 8, 2023.
During the trial, the United States presented evidence that, for a 6-year period, the defendant, Sean Paul Baker, repeatedly engaged in sexual acts with a child under the age of 12.
The guilty verdicts were the result of an investigation by the Muscogee (Creek) Nation Lighthorse Tribal Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Baker was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Caila M. Cleary and Nicole Paladino represented the United States.
Eleventh Defendant Sentenced in $15 Million Scheme to Defraud Thousands of Spanish-Speaking United States ImmigrantsRead the Press Release
A California man was sentenced to 65 months in prison for his role in conspiring with Peruvian-based call centers that defrauded Spanish-speaking United States residents by falsely threatening them with arrest, deportation, and other legal consequences. He is the eleventh defendant to be sentenced to prison in the scheme.
According to court documents, Luis Rendon, 60, of Harbor City, California, operated a distribution center that helped the call center operators execute their fraud scheme from Peru. He was part of a $15 million transnational fraud scheme aimed at defrauding Spanish-speaking residents of the United States by fraudulently threatening them with legal consequences if they did not pay for English-language learning products (products that the victims had never requested) or pay bogus “settlement fees.” More than 30,000 Spanish-speaking residents of the United States were defrauded.
“These cases demonstrate that the Consumer Protection Branch will vigorously pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “Individuals who defraud members of our immigrant communities will be brought to justice and held accountable in U.S. courts.”
“The U.S. Postal Inspection Service works assiduously to disrupt and dismantle criminal enterprises targeting U.S. consumers,” said Juan A. Vargas, Inspector in Charge, U.S. Postal Inspection Service Miami Division. “Together with our law enforcement partners, we are sending a clear message to the criminals who think they are safe because they are not located in the U.S.: We will continue to aggressively pursue, arrest, and extradite those that aim to defraud U.S. consumers.”
According to court documents, Rendon owned and operated International Latin Market, a California-based distribution center that facilitated the large-scale telemarketing fraud and extortion scheme from 2011 until late 2017. Rendon aided and abetted the scheme by providing lists of prospective victims to the call centers in Peru, processing card payments from victims, and sending low-quality computer tablets pre-loaded with English language courses to victims in the Miami area and across the United States. The call centers then threatened and harassed victims to pay for the fraudulent classes, pretending to be lawyers and law enforcement officials.
With today’s sentencing, seven Peruvian call center owner-operators and four distribution center operators who processed payments and facilitated the fraud in the United States have now been sentenced. The seven call center owner-operator defendants were extradited from Peru and pleaded guilty in federal court to conspiracy to commit mail and wire fraud and received significant prison sentences. U.S. District Judge Robert N. Scola, Jr. sentenced Henrry Milla, Carlos Espinoza, Jerson Renteria, Fernan Huerta, Omar Cuzcano, Evelyng Milla, and Josmell Espinoza to sentences ranging from 88 months to 110 months in prison. Two defendants who facilitated the operations of these fraudulent call centers, Milagros Urmeneta and Gonzalo Bazan, were sentenced in a related matter last year. Angel Adrianzen, who similarly operated a U.S.-based distribution center that facilitated an additional group of fraudulent Peruvian call centers that defrauded Spanish-speaking residents in the United States, was sentenced to 121 months in prison by Judge Scola in 2021.
The U.S. Postal Inspection Service and the Consumer Protection Branch investigated the case. Senior Trial Attorney Phil Toomajian and Trial Attorney Max Goldman of the Consumer Protection Branch are prosecuting the cases, and Assistant United States Attorney Annika Miranda is handling asset forfeiture. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the State Department’s Diplomatic Security Service and the Peruvian National Police provided critical assistance.
The Department of Justice continues to investigate and bring charges in other similar matters involving threats against Spanish-speaking residents of the United States. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).
Additional information about the Consumer Protection Branch and its fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Doctor Sentenced to 12.5 Years in Prison for Illegally Distributing Oxycodone from Midtown Manhattan PracticeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that HOWARD ADELGLASS was sentenced today by U.S. District Judge Jed S. Rakoff to 150 months in prison for his participation in a conspiracy to illegally prescribe oxycodone. ADELGLASS was convicted in November 2022 following a two-week trial before Judge Rakoff.
U.S. Attorney Damian Williams said: “For years, Howard Adelglass illegally prescribed enormous quantities of highly addictive and deadly opioids to people he knew were suffering from substance abuse disorders or were dealers. By monetizing his prescription pad and distributing mammoth quantities of oxycodone pills for no legitimate medical purpose, Adelglass practiced as a drug dealer, not a doctor. Adelglass did not simply betray his medical oath; he destroyed lives and families and helped fuel the opioid epidemic gripping the nation. Today’s sentence makes clear that this Office and our law enforcement partners will work tirelessly to hold responsible those who have contributed to the national opioid crisis no matter their professional stature.”
According to the allegations contained in the Indictment, the evidence offered at trial, and matters included in public filings:
HOWARD ADELGLASS was a licensed physician. Together with his office manager, MARCELLO SANSONE, he operated a pain-management clinic located in Midtown Manhattan (the “Clinic”). The Clinic serviced purported patients seeking oxycodone and other pain-relief medications commonly diverted for illicit purposes. In exchange for cash payments, sex acts, and cocaine, ADELGLASS wrote thousands of prescriptions for large quantities of oxycodone, many to individuals whom ADELGLASS knew did not need the pills for a legitimate medical purpose. When they occurred, ADELGLASS’s examinations were perfunctory. ADELGLASS's purported patients included individuals addicted to opioids and, in some cases, individuals who sold the oxycodone on the street. Even when faced with clear evidence of his purported patients’ drug abuse and diversion, ADELGLASS continued to prescribe large quantities of oxycodone without a legitimate medical purpose and outside the scope of professional practice.
Initially, ADELGLASS staffed the Clinic with inexperienced young women, some of whom he caused to be addicted to oxycodone through illegal prescriptions. Around October 2018, after serving as a primary source of patient referrals, SANSONE took over as the Clinic’s office manager. In that role, SANSONE helped to control access to ADELGLASS and the lucrative prescriptions he wrote for medically unnecessary oxycodone. With particularly vulnerable patients, ADELGLASS and SANSONE solicited and, in some instances, received sex acts in exchange for illegal oxycodone prescriptions.
Between in or about November 2017 and in or about September 2020, ADELGLASS prescribed more than 1.3 million oxycodone pills.
* * *
In addition to their prison terms, ADELGLASS, 67, of New York, New York, and SANSONE, 37, of Old Bridge, New Jersey, were each sentenced to three years of supervised release.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation, New York City Police Department, and the U.S. Department of Health and Human Services, Office of Inspector General.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Nicholas W. Chiuchiolo, Marguerite B. Colson, and Daniel G. Nessim are in charge of the prosecution.
Doctor Licensed in the District of Columbia and Virginia Sentenced for Illegally Distributing Controlled SubstancesRead the Press Release
Case Filed Following Overdose Death of Man in Virginia Last Year
WASHINGTON – Dr. Robert M. Cao, 39, of Lafayette, Louisiana, and previously of Falls Church, Virginia, was sentenced yesterday in the U.S. District Court for the District of Columbia to 15 months in prison for five felony counts of unlawful distribution of a controlled substance outside the scope of his professional practice. Cao pleaded guilty on November 8, 2022 to prescribing various narcotic pain medications in the months and days leading up to an overdose death in Virginia.
The sentence was announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Wayne A. Jacobs of the FBI’s Washington Field Office Criminal and Cyber Division, and Chief Kevin Davis, of the Fairfax County, Virginia Police Department.
In addition to the prison term, U.S. District Court Judge Tanya S. Chutkan ordered 36 months of supervised release, 100 hours of community service, and ordered that he not hold a job that would give him access to controlled substances.
According to court documents, Cao was licensed to practice medicine in the District of Columbia and Virginia. On at least five occasions in 2021, he knowingly and intentionally wrote prescriptions for oxycodone and hydrocodone for a man identified as “V.C.” These Schedule II controlled substances have a high potential for abuse. Cao provided the narcotic prescriptions to the victim without having any doctor-patient relationship with him, without any physical examination, diagnosis, or treatment plan, and knowing that the victim had no medical condition that would necessitate such prescriptions.
On May 31, 2021, first responders were dispatched to a Fairfax, Virginia residence in response to a 911 call for assistance regarding “V.C.,” after his girlfriend found him cold and non-responsive. He was pronounced deceased under suspicious circumstances.
A subsequent autopsy report documented the cause of death as acute combined oxycodone and ethanol poisoning. On the nightstand next to where “V.C.” was found were prescription bottles, including one containing Percocet (a brand name of the narcotic analgesic oxycodone/acetaminophen) pills filled on May 23, 2021. Cao was the prescribing doctor listed on the bottle.
Court filings also detail text message exchanges between Cao and “V.C.,” including discussions about Cao prescribing narcotic pain medications to “V.C.” in exchange for agreeing to give Cao a kickback of some of the pills he had prescribed, and meetings between the two, including a meeting in a parking lot on the night before the man’s death so Cao could get a portion of the narcotic pills from “V.C.”
“It’s outrageous that someone who had a duty to ‘do no harm’ would turn around and prescribe a medically unnecessary, dangerous drug,” said U.S. Attorney Graves. “People in our country are dying by the thousands from drug overdoses. The defendant was better positioned than most people to know the potential consequences of illegal distribution, yet he nevertheless decided to unlawfully prescribe a drug, regardless of the life-threatening consequences."
"Medical professionals take an oath to do no harm to their patients and public, but in this case, Robert Cao wrote unnecessary prescriptions for highly addictive narcotics,” said Special Agent in Charge Wayne A. Jacobs, of the FBI Washington Field Office's Criminal and Cyber Division. “As demonstrated by this investigation, the risks presented by opioid diversion outside of proper clinical practice are such that even a few illicit prescriptions can prove fatal. Along with our partners, we will continue our mission of bringing those who disregard patient safety and well-being by operating such criminal schemes to justice.”
As detailed in court documents, Cao took several steps to avoid detection from law enforcement and regulatory authorities. For example, he advised the victim not to create a paper trail, and to fill the prescriptions at times when they were least likely to be questioned by pharmacies. Cao also hid the pad that he used to write the man prescriptions, which Cao took from a District of Columbia cosmetic office where he previously worked, at his home inside a hollowed-out container made to look like a diary.
After learning of the victim’s untimely death, Cao created fraudulent backdated medical records to make it appear that Cao had provided legitimate prescriptions to the victim as part of a lawful doctor-patient relationship.
This case was investigated by the FBI’s Washington Field Office and the Fairfax County Police Department.
The case was prosecuted by Assistant U.S. Attorneys Anne P. McNamara and Christine Macey of the U.S. Attorney’s Office for the District of Columbia.
Detroit-area Mortgage Broker Charged with Conspiring to Defraud the IRS and Filing False Tax ReturnsRead the Press Release
A federal grand jury in Detroit returned an indictment yesterday charging a Michigan man with conspiring to defraud the United States and filing false income tax returns.
According to the indictment, from 2012 to 2018, Todd A. Marra of Shelby Township was a fifty-percent shareholder and co-managing partner of a mortgage brokerage in Troy, Michigan. During that time, Marra and another individual allegedly conspired to defraud the IRS by diverting more than $1.6 million in business proceeds. The indictment alleges that Marra and his coconspirator withdrew cash shortly after depositing checks into the business’s bank account and did not record all deposits and withdrawals on the business’s books and records. Marra and his coconspirator allegedly used these business proceeds to pay for personal expenses and debts and then provided false records to their return preparer that underreported gross receipts and concealed the diversion of funds. The indictment alleges that their actions caused the filing of false partnership returns that substantially underreported the business’s gross receipts and overreported expenses, and also caused the filing of false personal income tax returns that substantially underreported Marra’s income.
If convicted, he faces a maximum penalty of five years in prison for the conspiracy count and a maximum penalty of three years in prison for each false tax return count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation is investigating the case.
Assistant Chief Jorge Almonte and Trial Attorney Catriona M. Coppler of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Department of Justice Announces Review of Memphis Police Department’s Use of Force and De-escalation Policies, and a Separate Review of Specialized Units Across the CountryRead the Press Release
The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) announced today it will be undertaking two important reviews: one related to the Memphis Police Department (MPD) and one that will examine the use of specialized units within law enforcement.
First, the COPS Office, through its Collaborative Reform Initiative Technical Assistance Center (CRI-TAC), will conduct a review of certain policies and practices of the Memphis Police Department. Memphis Mayor Jim Strickland and Memphis Police Chief Cerelyn J. Davis requested this review, which will cover policies, practices, training, data and processes related to MPD’s use of force, de-escalation and specialized units. At the conclusion of the review, the COPS Office will issue a public report outlining its findings and recommendations.
The COPS Office’s CRI-TAC initiative is led and supported by nine leading law enforcement stakeholder associations. CRI-TAC provides a wide array of technical assistance services using a “by the field, for the field” approach. Since its inception in 2017, the program has provided technical assistance for over 800 law enforcement engagements.
Separate from the Memphis review, the COPS Office will produce a guide for police chiefs and mayors across the country to help them assess the appropriateness of the use of specialized units as well as how to ensure necessary management and oversight of such units, including review of policies, tactics, training, supervision, accountability, and transparency.
“In the wake of Tyre Nichols’s tragic death, the Justice Department has heard from police chiefs across the country who are assessing the use of specialized units and, where used, appropriate management, oversight and accountability for such units. The COPS Office guide on specialized units will be a critical resource for law enforcement, mayors and community members committed to effective community policing that respects the dignity of community members and keeps people safe,” said Associate Attorney General Vanita Gupta. “The department is also pleased to be able to fulfill Memphis’s request for technical assistance on the police department’s use of force and de-escalation policies, as well as the use of specialized units.”
“Providing technical assistance to law enforcement agencies so they can continue to improve their practices, while they also develop and maintain healthy relationships with the community, is at the heart of what we do at the COPS Office,” said Director Hugh T. Clements Jr. of the COPS Office. “I know that this opportunity to work with MPD, as well as our examination of specialized units in law enforcement agencies across the country, will be important resources for both law enforcement and the communities they serve.”
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and communities served. The COPS Office has been appropriated more than $20 billion to advance community policing, including grants awarded to over 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 136,000 officers.
DeSoto County Career Criminal Sentenced to More Than Twenty Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Robert Steven Harrelson (45, Arcadia) to 21 years and 10 months in federal prison for possessing with the intent to distribute 50 grams or more of methamphetamine. The court also ordered Harrelson to forfeit a firearm and ammunition possessed during the offense. Harrelson had pleaded guilty on November 30, 2022.
According to court records, on April 28, 2019, deputies from the DeSoto County Sheriff’s Office attempted to conduct a traffic stop on a vehicle driven by Harrelson in the Forest Pines area of Arcadia. Instead of stopping his vehicle, Harrelson accelerated away from deputies until his vehicle became disabled after striking a power pole and a tree. Harrelson then ran from his vehicle before he was apprehended and arrested by pursuing deputies. Inside his vehicle, deputies located several large plastic bags filled with more than 100 grams of crystal methamphetamine and a loaded handgun. At the time of his offense, Harrelson was a previously convicted felon, including having two prior convictions for possessing with intent to distribute methamphetamine.
This case was investigated by the Drug Enforcement Administration and the DeSoto County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Denver Man Sentenced to More Than 7 Years for Possession with Intent to Distribute FentanylRead the Press Release
The United States Attorney’s Office for the District of Wyoming announced today that FLOYD GILBERT VIGIL, 40, of Denver, Colorado, was sentenced by United States District Court Judge Alan B. Johnson, on February 27, 2022, to 90 months in prison with four years of supervised release for conspiracy to distribute more than 40 grams of fentanyl. Vigil was also ordered to pay $500 in community restitution and a $100 special assessment.
The case arose out of the prosecution of two other fentanyl dealers in the Wyoming area. During those investigations, law enforcement obtained evidence showing Vigil had sold a substantial amount of fentanyl, which was transported by local co‑conspirators from Colorado to Wyoming for redistribution.
This crime was investigated by the Cheyenne Police Department, the Laramie County Sheriff’s Office, and the Drug Enforcement Administration. The case was prosecuted by Jonathan C. Coppom.
Case No: 22-CR-00108-ABJ
Convicted Felon Sentenced to 15 Years in Federal Prison for Drug Trafficking while on ParoleRead the Press Release
FAYETTEVILLE – A previously convicted felon living in Rogers was sentenced today to 180 months in prison without the possibility of parole followed by five additional years of supervised release on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court documents, in late 2020, agents with the Drug Enforcement Administration (DEA) conducted an undercover investigation into large-scale methamphetamine trafficking in Northwest Arkansas. During the investigation, an informant, working at the direction of the DEA, made a controlled purchase of methamphetamine directly from Francisco Trujillo, age 26. On or about December 3, 2021, DEA agents, along with representatives from Arkansas Probation and Parole, preformed a home compliance check on Trujillo, who was on parole based on a previous felony conviction. During the search, agents located approximately four (4) pounds of methamphetamine.
Trujillo was subsequently charged in federal court via Grand Jury with drug trafficking and possession of firearms in furtherance of drug trafficking. On or about August 15, 2022, Trujillo pleaded guilty to possessing the nearly four (4) pounds of methamphetamine and intending to distribute it.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Drug Enforcement Administration and Arkansas State Probation and Parole investigated the case.
Assistant U.S. Attorney Dustin Roberts prosecuted the case.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Convicted Felon Sentenced to More Than 17 Years for Robbery and Discharging A Firearm During A Violent CrimeRead the Press Release
Tampa, FL – U.S. District Judge Kathryn Mizelle has sentenced Marques Howard (31, Tampa) to 17 years and 3 months in federal prison for Hobbs Act robbery, conspiracy to commit that robbery, discharging a firearm in furtherance of a crime of violence, and possessing a firearm as a convicted felon. As a part of the sentence, Howard was also ordered to forfeit the firearm and ammunition involved in the offenses. Howard had pleaded guilty on December 5, 2022.
According to court documents, on April 20, 2022, Howard robbed an individual at their residence in the Tampa area. During the robbery, Howard discharged his firearm, shooting the victim in the leg. Howard has a prior conviction for robbery, and as a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Samantha Newman. The forfeiture was handled by Assistant United States Attorney Suzanne Nebesky.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Colorado Man Charged with Sports Cards Fraud SchemeRead the Press Release
A complaint was unsealed this morning in federal court in Brooklyn charging Mayo Gilbert McNeil with conspiracy to commit wire fraud in connection with a scheme involving counterfeit sports trading cards. McNeil was arrested this morning in Denver and is scheduled to make his initial appearance this afternoon in the U.S. District Court for the District of Colorado. McNeil will be arraigned in the Eastern District of New York at a later date.
Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, FBI, New York Field Office, announced the arrest and charge.
“Protection from fraud extends to all consumers, regardless of what team they root for,” stated United States Attorney Peace. “As alleged, the defendant orchestrated a years’ long and far-reaching scheme to defraud sports trading cards enthusiasts and the sports memorabilia industry. Our Office is committed to addressing counterfeiting at all levels of the market.”
Mr. Peace expressed his appreciation to the New York City Police Department, which conducted this investigation with the FBI.
“As alleged, Mr. McNeil defrauded sports memorabilia collectors of more than $800,000 by intentionally misrepresenting the authenticity of the trading cards he was peddling when, in fact, they were counterfeit. The FBI remains committed to investigating fraud at all levels and bringing the subjects who engage in it to justice,” stated FBI Assistant Director-in-Charge Driscoll.
As set forth in court filings, between April 2015 and July 2019, the defendant conspired with others to sell and trade sports trading cards, including 1986 Fleer Michael Jordan rookie cards, with victims he found via the Internet and through online selling platforms. The defendant misrepresented that the sports trading cards he was offering were graded by a professional authentication company, when in reality the trading cards were not authentic. The defendant defrauded his victims of over $800,000 in cash and authentic sports trading cards that were traded for the counterfeits.
The case is being handled by the Office’s Business and Securities Fraud Section. Department of Justice Trial Attorney Patrick J. Campbell and Assistant United States Attorney Alexander Mindlin are in charge of the prosecution.
The Defendant:
MAYO GILBERT MCNEIL
Age: 82
Denver, ColoradoE.D.N.Y. Docket No. 23-MJ-203
Cedar Rapids Man Involved in Shooting at Dairy Queen Sentenced to Federal Prison for Possessing Methamphetamine He Intended to DistributeRead the Press Release
A man who possessed methamphetamine he intended to distribute was sentenced today to 10 years in federal prison.
Richard Dean Hamilton, Jr., age 42, from Cedar Rapids, Iowa, received the prison term after an October 13, 2022 guilty plea to one count of possession with intent to distribute a controlled substance.
Evidence at the plea and sentencing hearings showed that, on October 8, 2021, a bail bondsman and his friend were attempting to locate Hamilton, Jr., to take him into custody for an active warrant. The bail bondsman and his friend utilized a woman to set up a deal to purchase methamphetamine from Hamilton, Jr., and a meeting was arranged for the woman and Hamilton, Jr., to conduct the drug deal at a Dairy Queen in Cedar Rapids. During the meeting between the woman and Hamilton, Jr., the bail bondsman and his friend pulled up in their vehicle and approached Hamilton, Jr. The bail bondsman told Hamilton, Jr., that he had a warrant, but Hamilton, Jr., disagreed. When the bail bondsman attempted to take Hamilton, Jr., into custody by placing a handcuff around one of his wrists, Hamilton, Jr., started to resist, and there was a struggle. During the struggle, the friend of the bail bondsman struck Hamilton, Jr., with an asp baton. At one point, Hamilton, Jr., grabbed the bail bondsman’s handgun and hit the magazine release causing the magazine to drop from the handgun. Additionally, Hamilton, Jr., grabbed a knife and swung it at the bail bondsman. The bail bondsman yelled that Hamilton, Jr., had a knife, and the bail bondsman’s friend fired one shot at Hamilton, Jr., striking him in the leg. Hamilton, Jr., put his vehicle in reverse, dragging the bail bondsman backwards. Hamilton, Jr., then put the vehicle in drive, driving towards the friend of the bail bondsman and dragging the bail bondsman forwards through the parking lot. The friend fired multiple shots at Hamilton, Jr., striking him multiple times, and the bail bondsman eventually let go of the handcuffs. Hamilton, Jr., drove away from the scene and drove to a residence belonging to someone he knew. Officers located Hamilton, Jr., at that residence, and he was taken to the hospital for his injuries. In the bathroom of the house where Hamilton, Jr., was treating his wounds, officers located a pocketknife and a set of handcuffs. In Hamilton, Jr.’s, car, officers located an empty baggie and six bags containing a total of 49.32 grams of actual methamphetamine.
Hamilton, Jr., was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hamilton, Jr., was sentenced to 120 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Hamilton, Jr., is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Adam J. Vander Stoep and investigated by the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-63.
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Career Offender Sentenced to 14 Years in Federal Prison for Selling FentanylRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Demetrius Haynes (37, Tampa) to 14 years in federal prison for conspiracy to possess with the intent to distribute fentanyl and cocaine, and possession with the intent to distribute fentanyl and cocaine. Because of Haynes’s lengthy criminal history, he was designated a Career Offender for purposes of sentencing. The court also ordered Haynes to forfeit $6,000 received from the sale of a Nissan Maxima which had been used by Haynes to facilitate the drug trafficking conspiracy. The Bureau of Alcohol, Tobacco, Firearms and Explosives had previously administratively forfeited approximately $46,161 that was traceable proceeds of the charged offenses, a Jimenez Arms pistol, and 34 rounds of ammunition. Haynes had pleaded guilty on August 29, 2022.
According to court documents, in January 2021, state and federal law enforcement began an investigation targeting fentanyl distribution in the Tampa area. During that investigation, agents identified Haynes as one of those distributors. As part of the investigation, law enforcement engaged in multiple undercover narcotics transactions with Haynes where they purchased fentanyl and cocaine from him. They made purchases of fentanyl and cocaine directly from Haynes on two occasions in January 2021 and four occasions in February 2021.
On February 12, 2021, the day of the final drug sale and Haynes’s arrest, ATF agents, assisted by the Tampa Police Department, executed a search warrant at Haynes’s residence. During the search, agents seized additional amounts of cocaine and fentanyl, a safe that contained approximately $34,000, a Jimenez Arms .380 caliber firearm, currency totaling approximately $6,850, approximately 30 rounds of ammunition, and an extended magazine.
This case was investigated by ATF and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
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.
Butler County Man Sentenced to Serve 10 Years in Federal Prison on Methamphetamine, Gun ChargesRead the Press Release
CAPE GIRARDEAU - Jaleel D. Gipson, 31, of Poplar Bluff, Missouri, was sentenced Wednesday to 10 years in federal prison for the offenses of possession of methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.
Gipson appeared for his sentencing hearing before U.S. District Judge Stephen N. Limbaugh Jr. at the federal courthouse in Cape Girardeau, Missouri.
At a guilty plea hearing last year, Gipson admitted that following a traffic stop and vehicle search on June 11, 2022 in Ripley County, Missouri, a trooper with the Missouri State Highway Patrol found 233 grams of methamphetamine, 126 grams of marijuana and two 9mm semi-automatic pistols. Gipson further admitted that the firearms, fully loaded with ammunition, were for the protection of the narcotics that he intended to distribute to others. After serving his sentence in the Bureau of Prisons, Gipson will be on supervised release for a period of four years.
This case was investigated by the Missouri State Highway Patrol. Assistant U.S. Attorney Julie Hunter handled the prosecution for the government.
Broward Resident Sentenced for Stealing Social Security Benefits of Deceased FatherRead the Press Release
MIAMI – Terri Lynn Hankerson, 59, of Lauderdale Lakes, Florida has been sentenced to five months of imprisonment followed by five months of home confinement for stealing nearly $50,000 in Social Security benefits directed to her deceased father. Hankerson must also pay restitution.
Hankerson’s father received Social Security benefits by direct deposit into a retirement account. Hankerson was made a joint owner of this account about a year and a half before her father died in June 2016. Hankerson did not notify the Social Security Administration or the bank of her father’s death. Therefore, the Social Security Administration continued to make the monthly deposits, including cost of living adjustments, from July 2016 until it suspended the benefits in February 2020.
Following her father’s death, Hankerson, spent nearly $50,000 in Social Security benefits at concerts, a local strip club, Miami Heat games, Costco, hotels, bars, and other places.
After a four-day trial, a federal jury convicted Hankerson of stealing Social Security benefits years after her father died.
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Rodregas W. Owens of the Social Security Administration Office of the Inspector General (SSA OIG), Atlanta Field Division, announced the sentence imposed by Senior United States District Court Judge James I. Cohn.
SSA OIG investigated the case. Assistant U.S. Attorney Jeremy Thompson and then-Special Assistant U.S. Attorney Jodi Raft prosecuted the case. Assistant U.S. Attorney Annika Miranda 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-60227.
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Birmingham Woman Sentenced to More than Seven Years in Prison for Check Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – A Birmingham woman was sentenced yesterday for engaging in a check fraud scheme, announced U.S. Attorney Prim F. Escalona and United States Secret Service Special Agent in Charge Patrick M. Davis.
U.S. District Court Judge Anna M. Manasco sentenced Myisha Ayana Green, 46, of Birmingham, to 94 months in prison followed by three years of supervised release. In October 2022, Green pleaded guilty to one count of conspiracy to commit wire fraud, one count of aggravated identity theft, and one count of being a felon in possession of a firearm.
According to the plea agreement, between May 2020 and May 2021, Green was involved in a conspiracy to produce fraudulent checks using the information on legitimate checks she received from other individuals. Green would then produce a fraudulent check by adding in a different payee name and changing the amount. Green would often include a phone number on the fraudulent check that would reroute to her personal number, in case a bank or business attempted to verify that the check was real, the call would go to Green, and not the actual payor. Green recruited individuals to be “runners,” who would attempt to cash the fraudulent checks. Once they became runners, these individuals often would come back to Green seeking additional checks or recommend friends who were willing to run checks. These runners would text a picture to Green the driver’s license of individuals who were willing to try to pass checks, and Green would use their information to produce fraudulent checks. Additionally, when law enforcement searched Green’s residence pursuant to a search warrant, a firearm was found in her nightstand.
The United States Secret Service investigated the case with assistance from the Trussville Police Department. Assistant U.S. Attorney Ryan S. Rummage prosecuted the case.
Bigelow Man Sentenced to 25 Years in Prison for Production of Child PornographyRead the Press Release
LITTLE ROCK—A Bigelow man was sentenced to serve 25 years in federal prison for producing child pornography. Jakob Brown, 26, was sentenced today by United States District Court Judge Brian S. Miller.
In April 2020, Conway Police Department received a report about a male harassing and extorting a female victim on Facebook and SnapChat. The user of those social media accounts was determined to be Brown, who is a registered sex offender. Brown was arrested for sexual extortion, and his phone was seized. A search of Brown’s cell phone revealed 18 videos and 87 images of child sexual abuse material. Several of the videos were of prepubescent females approximately four-to-five years old performing sex acts. The FBI then obtained search warrants for Brown’s SnapChat accounts and discovered conversations Brown had with a minor female victim, beginning in February 2020.
During Brown’s conversations with the minor female victim on SnapChat, Brown offered to pay the minor for sexually-explicit videos, stating “everything has to show face and send the pictures and videos to chat.” After some discussion, the minor sent a 35-second video of herself engaged in explicit sexual conduct to Brown, as directed.
Brown was indicted in December 2020 and pleaded guilty in June 2022. In addition to the 25-year prison term, Brown was sentenced to 20 years of supervised release following his imprisonment. The case was investigated by the FBI and the Conway Police Department and prosecuted by Assistant United States Attorney Kristin Bryant.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Armed Fentanyl Trafficker Sentenced to Life in Prison for Causing Fatal OverdoseRead the Press Release
Tampa, FL – U.S. District Judge Charlene Edwards Honeywell has sentenced Justin Kelly (36, New Port Richey) to concurrent terms of life in prison for conspiracy to distribute 40 grams of fentanyl resulting in death and distribution of fentanyl resulting in death, and 15 years’ imprisonment for three counts of possession/distribution of fentanyl and possessing a firearm as a convicted felon. A federal jury had found Kelly guilty on November 16, 2022.
According to evidence presented at trial, Kelly was a supplier of fentanyl in Pasco County. He used addicts to sell the drug for him and yielded profits of thousands of dollars per day. In the early hours of November 18, 2020, “E.L.” was found face down in his kitchen by his wife, while his stepchildren were asleep a few feet away. Detectives from the Pasco Sheriff’s Office learned that a dealer named Steven Kinney had supplied the fentanyl. Kinney identified Kelly as his supplier. Search warrants executed at Kelly’s motel room and a storage unit resulted in the seizures of additional fentanyl, cash, kilogram presses, digital scales, and an M&P 15 rifle. Cellphone records corroborated that Kelly was the supplier of the fentanyl that Kinney had distributed to “E.L.” before he died.
Kinney previously pleaded guilty to conspiracy to distribute and possession with the intent to distribute fentanyl. He was sentenced on January 4, 2023, to four years and nine months in federal prison.
This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Drug Enforcement Administration and the Pasco Sheriff’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Tarpon Springs Police Department. It was prosecuted by Assistant United States Attorneys Lauren Stoia and Dan Baeza. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Tuesday 7 March 2023
“Logistics coordinator” convicted of drug traffickingRead the Press Release
BROWNSVILLE, Texas – A 33-year-old Houston woman has been found guilty of two counts of drug trafficking, announced U.S. Attorney Alamdar S. Hamdani.
Judge Rolando Olvera deliberated for three days before convicting Brenda Banessa Leal of one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine and one count of possession with intent to distribute. The bench trial began Feb. 27 and concluded March 1.
During trial, the judge heard evidence that since at least 2018, Leal assisted several family members who were part of a drug trafficking organization. She helped transport narcotics, mainly cocaine, from Mexico to Laredo and the Rio Grande Valley. The drugs were hidden in the rear differential in tractor trailers.
Several members of the organization reside in Cadereyta, Nuevo Leon, Mexico where Leal has lived the majority of her adult life. She also assisted family members in transporting bulk cash money, ammunition and weapons to Mexico.
The court evidence about text and whatsapp messages between co-conspirators, jail call recordings as well as videos detailing Leal’s criminal actions.
The investigation revealed that between February 2021 and June 2021, Leal was the logistics coordinator of the drug trafficking organization. In that role, she coordinated drivers, dealers and cover loads on this side of the border. In June 2021, while Leal and co-conspirators were preparing to unload a tractor truck that contained approximately 33 kilograms of cocaine, the organization got robbed (“ripped”) of the cocaine by another drug trafficking organization.
Authorities apprehended that group shortly after stealing the cocaine from Leal.
The defense attempted to convince the judge that Leal did not have knowledge of the cocaine that was hidden in the tractor trailer and was simply a victim of the “rip crew.” Judge Olvera did not believe those claims and found Leal guilty as charged.
The Drug Enforcement Administration, IRS - Criminal Investigation, U.S. Marshals Service and the High Intensity Drug Trafficking Area Task Force conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) operation with the assistance of the Texas Department of Public Safety. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage. Assistant U.S. Attorneys Alejandra Andrade and Ed Rodriguez are prosecuting the case.
Worcester Man Charged with Possessing a Machine GunRead the Press Release
BOSTON – A Worcester man has been charged with possessing a machine gun after allegedly being found in possession of several Glock switches.
Jose Rivera, 24, was charged with unlawful possession of a machine gun. Rivera was arrested today and, following an initial appearance in federal court in Worcester before U.S. District Court Magistrate Judge David H. Hennessy, was detained pending a hearing set for March 10, 2023.
Glock switches convert semi-automatic Glock pistols into fully automatic machine guns and are considered machine guns under federal law. According to the charging documents, during a search of Rivera’s Worcester residence today, three Glock switches – including one attached to a Glock .40 caliber firearm – were recovered from Rivera’s bedroom.
The charge of unlawful possession of a machine gun provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Worcester Police Chief Steven M. Sargent Worcester Police Chief Steven M. Sargent; and John E. Mawn Jr., Interim Colonel of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Kaitlin Brown of Rollins’ Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
West Plains Man Sentenced to 28 Years for Leading Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A West Plains, Mo., man was sentenced in federal court today for leading a conspiracy that distributed 360 kilograms of methamphetamine in southern Missouri over a three-year period.
James W. Fithen, Jr., also known as “Boss,” 38, was sentenced by U.S. Chief District Judge Beth Phillips to 28 years in federal prison without parole. The court also ordered Fithen to pay a money judgment of $3.6 million, which represents a conservative estimate of the total proceeds he obtained from the drug-trafficking conspiracy.
On March 8, 2022, Fithen pleaded guilty to one count of conspiracy to distribute methamphetamine and one count of aiding and abetting the attempted possession of methamphetamine with the intent to distribute.
Fithen acquired kilogram-level quantities of methamphetamine from Mexico and supplied co-defendants Patrick A. Dodson, also known as “Julio,” 42, of West Plains, and Samuel L. Pyatt, also known as “Tippy,” 47, of Pomona, Mo. Dodson and Pyatt then distributed methamphetamine to others during the three-year-long conspiracy that lasted from Feb. 28, 2017, to Feb. 28, 2020.
Fithen was arrested on Feb. 28, 2020, when he was intercepted by law enforcement in Arkansas on his return trip from buying methamphetamine in Texas. Officers found 2.5 kilograms of methamphetamine in the back seat of the vehicle where Fithen was riding.
During the investigation, law enforcement officers seized more than 4.5 kilograms of methamphetamine from conspirators who were supplied by Fithen. The Fithen drug-trafficking organization was selling 10 to 20 kilograms of methamphetamine per month, at a profit of approximately $100,000 per month.
According to court documents, Fithen put out a hit on co-defendant Christopher L. Dusenbury, 32, of Bowling Green, Mo., because Dusenbury stole seven pounds of methamphetamine from him.
Court documents report the impact such a large-scale drug-trafficking organization had on the small rural community in southern Missouri. The U.S. Census reported the population of West Plains was 11,986 in 2010. According to court documents, the amount of methamphetamine distributed by this drug-trafficking organization in one month alone was enough to supply four doses (0.25 grams) of methamphetamine to every man, woman, and child in the community.
In 2016, law enforcement officers in Howell County, Mo., reported 244 known violent and property crime offenses to the FBI. By 2020, that number had nearly doubled to 471.
Fithen is the twelfth defendant to be sentenced in this case. Dodson was sentenced to 23 years in federal prison without parole. Pyatt was sentenced to 20 years in federal prison without parole. Dusenbury was sentenced to 11 years and three months in federal prison without parole.
Megan L. Neal, also known as “Squirrel,” 39, of West Plains, was sentenced to 23 years in federal prison without parole. Bradley J. Russell, 58, of West Plains, was sentenced to 15 years in federal prison without parole. Bolinda J. Gleghorn, 60, of West Plains, was sentenced to nine years in federal prison without parole. Kevin L. Moss, 49, of West Plains, was sentenced to eight years and four months in federal prison without parole. Barbra L. Newton, 44, of West Plains, was sentenced to six years in federal prison without parole. Brady T. Smith, 27, of West Plains, was sentenced to six years in federal prison without parole. Austin L. Velarde, 27, of West Plains, was sentenced to five years in federal prison without parole. Leslie O. Collins, 48, of West Plains, was sentenced to four years in federal prison without parole.
Chelsea B. Cloven, 30, of West Plains, the final defendant remaining to be sentenced, pleaded guilty on July 5, 2022, and is scheduled to be sentenced on April 12, 2023.
This case is being prosecuted by Assistant U.S. Attorney Jessica R. Eatmon. It was investigated by the South Central Drug Task Force, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Howell, Mo., Sheriff’s Department, the West Plains, Mo., Police Department, the Arkansas State Police, the Fulton County, Ark., Sheriff’s Department, and the Arkansas 16th Judicial Drug Task Force.
Ventura County Child Exploitation Task Force Arrests Moorpark ManRead the Press Release
VENTURA, California – The newly formed Ventura County Child Exploitation and Human Trafficking Task Force today announced the arrest of a Moorpark man who is charged in a federal criminal complaint with soliciting on social media platforms sexually explicit photos from two individuals he thought were 14-year-old girls.
Thomas Gissell, 27, of Moorpark, was taken into custody Monday morning by federal and state authorities participating in the Task Force.
Gissell is charged with attempted enticement of a minor, an offense that carries a mandatory minimum sentence of 10 years in federal prison.
The Ventura County District Attorney’s Office began investigating Gissell after receiving information that he had contacted undercover law enforcement officers posing as teenage girls. According to the affidavit in support of the complaint, Gissell engaged in online chats with the individuals and asked them to send nude photos.
Gissell was originally arrested on February 7 pursuant to charges filed by the Ventura County District Attorney’s Office. Following that arrest, Task Force investigators determined Gissell had been receiving suspected child sexual abuse material during online chats with numerous victims around the country. The matter was subsequently presented to the United States Attorney’s Office, which filed the federal complaint on February 27.
At his initial appearance Monday afternoon in United States District Court, Gissell was ordered freed upon the posting of a secured $1 million bond. Once released, he will be subject to home incarceration with GPS monitoring. He was further ordered to have no contact with anyone under the age of 18 years old and no access to internet-connected devices. An arraignment in this case was scheduled for April 11.
The Ventura County Child Exploitation and Human Trafficking Task Force is comprised of investigators and prosecutors with the Ventura County Sheriff's Office, the Ventura County District Attorney’s Office, the Simi Valley Police Department, the Oxnard Police Department, the Santa Barbara County Sheriff's Office, the FBI, and the United States Attorney’s Office.
“We are committed to protecting our children by educating them about online predators, as well as focusing on proven enforcement and prosecution strategies,” said United States Attorney Martin Estrada. “Law enforcement partnerships are key to combatting exploitation crimes that have harmed too many children, and we will continue to vigorously prosecute these terrible crimes.”
“The FBI has worked seamlessly with our local law enforcement partners to address criminal violations of child exploitation and human trafficking throughout both Ventura and Santa Barbara Counties and has recently formalized that collaboration by creating an official task force to maximize resources,” said Donald Alway, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “This task force will utilize tools at the local and federal level to address crimes affecting vulnerable children and victims of sex trafficking and to hold offenders accountable.”
“The work done by this partnership of local, county and federal agencies is making a significant difference in the way that local law enforcement investigates, arrests and prosecutes perpetrators of child exploitation and human trafficking,” said Ventura County District Attorney Erik Nasarenko. “Having a dedicated team that specializes in this sensitive and increasingly high-tech form of child abuse is helping to stop people like Thomas Gissell from victimizing children.”
Members of the Task Force are specially trained in investigating online child sexual exploitation and human trafficking, and they strive to provide rapid responses to the sexual victimization of children. The Gissell investigation is the first criminal case brought by the Task Force.
“I am exceptionally proud of the work this task force has accomplished in working to safeguard our communities from child predators,” said Ventura County Sheriff Jim Fryhoff. “This task force perfectly exemplifies how successful law enforcement can be when we work together to protect our communities and I expect their great work will continue into the future.”
Each member of the Task Force brings a variety of skills, resources, and expertise to the team.
“The Simi Valley Police Department is committed to pursuing criminal offenders who engage in the creation and distribution of child sexual abuse material,” said SVPD Chief Steve Shorts. “Our department is committed to partnering with our federal and regional partners in order to assist in eradicating this worldwide problem and assist victims of sexual abuse.”
Task Force investigators believe there may be additional victims. If you have any information regarding Thomas Gissell, this case or other victims, please contact Detective Greg Webb of the Ventura County Sheriff’s Office, Thousand Oaks Sexual Assault Unit, at (805) 371-8309 or [email protected].
Assistant United States Attorney Kellye M. Ng of the Violent and Organized Crime Section is prosecuting this case.
A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney’s Office Resolves Disability Discrimination Investigation of Bark Bark Wag Dog RescueRead the Press Release
DETROIT –The United States Attorney’s Office for the Eastern District of Michigan resolved its investigation of Bark Bark Wag, a local dog rescue organization based in Livonia, Michigan. The complainant alleged that her adoption application was denied based on stereotypes concerning her use of a wheelchair, leaving her feeling “dehumanized.” The settlement agreement between the U.S. Attorney’s Office and Bark Bark Wag requires the dog rescue to fully comply with the non-discrimination requirements of the Americans with Disabilities Act of 1990 (ADA).
The ADA protects the rights of all individuals, regardless of disability, to fully and equally enjoy the benefits and services offered by places of public accommodation, which includes dog rescues. The settlement agreement emphasizes the organization’s commitment to ADA compliance going forward and requires Bark Bark Wag to adopt ADA policies to ensure that the adoption process does not improperly screen out or scrutinize individuals who have disabilities. Under the terms of the settlement, Bark Bark Wag must train its volunteers on ADA policies and practices and report any future complaints from individuals who have disabilities to the U.S. Attorney’s Office. Bark Bark Wag must also provide a copy of its non-discrimination policy to all current and future rescue organizations with which it is affiliated.
“All too often, discrimination comes in the form of implicit bias, stereotypes, or assumptions. Here, an individual was judged not by her actual ability to safely care for the pets she hoped to adopt, but by her perceived inability to do so,” U.S. Attorney Ison said. “My office will continue to enforce the civil rights of our all of our citizens, including those who have disabilities.”
The investigation was led by AUSA Michael El-Zein of the U.S. Attorney’s Office for the Eastern District of Michigan, a member of the Civil Rights Unit. The full and fair enforcement of the ADA is a priority of the U.S. Attorney’s Office for the Eastern District of Michigan. The Civil Rights Unit was established in 2010 with the mission of prioritizing federal civil rights enforcement. For more information on the Office’s civil rights efforts, including a copy of the agreement, please visit https://www.justice.gov/usao-edmi/programs/civil-rights.
Individuals who believe they have been subjected to discrimination or have experienced a civil rights violation can submit a complaint with the U.S. Attorney’s Office by email at [email protected] or by phone at (313) 226-9151. Complaints can also be submitted to the Civil Rights Division through its complaint portal.
Two men sent to prison in meth trafficking conspiracyRead the Press Release
McALLEN, Texas – Two men charged in connection to multiple tractor trailers loads with meth have been ordered to prison, announced U.S. Attorney Alamdar S. Hamdani.
Dorian Hazel Ruiz-Chavez, 36, a citizen of Mexico unlawfully in the United States, pleaded guilty Oct. 25, 2022, while Mario Alberto Ortiz, 43, Edinburg, plead guilty Oct. 3, 2022.
Today, U.S. District Judge Micaela Alvarez ordered Ruiz-Chavez to serve 190 months in federal prison. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment. Ortiz was ordered to serve a 168 months in federal prison and further ordered to serve three years of supervised release following his prison term. At the hearing, the court heard additional evidence that Ortiz owned a tractor trailer transport company and used his legitimate tractors to help transport narcotics. In sentencing Ruiz, the court noted he had direct contact with the Mexican suppliers. Even though law enforcement had seized large narcotics loads, it did not deter him from again transporting large quantities of 100% pure meth.
Judge Alvarez previously sentenced Luis Ramos, 35, Donna, to 70 months for his involvement.
Roel Longoria, 34, Edinburg, pleaded guilty June 23, 2022, for his role and is scheduled for sentencing May 17.
In September 2020, law enforcement initiated an investigation into a drug trafficking organization in the Rio Grande Valley. They were believed to be involved with the importation of narcotics from Mexico utilizing commercial tractor trailers with hidden compartments.
Ruiz-Chavez would coordinate with a Mexican narcotics supplier who would send the tractor trailers across into the United States. Once there, Ruiz-Chavez worked with additional individuals to store and transport the trailers further north. Longoria and Ortiz were tasked with finding willing drivers to transport the narcotics-laden trailers after they entered the United States.
On Nov. 12, 2020, law enforcement seized a tractor trailer after it entered the United States through the Laredo Port of Entry. The trailer contained 119 kilograms of meth within a hidden compartment. On April 26, 2021, law enforcement again seized a tractor trailer after it entered the United States through the Pharr Port of Entry. The trailer contained 90 kilograms of meth within a hidden compartment. Both trailers were supposed to be transported at the direction of Ruiz-Chavez.
Following the seizures, the organization changed tactics and began to transport narcotics in smaller loads within passenger vehicles.
On May 12, 2021, Ramos received 42 kilograms of meth and was to transport it the following day in his personal vehicle. However, authorities stopped him and took him into custody. Ortiz recruited Ramos to transport the narcotics.
Ruiz-Chavez and Ortiz have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with the assistance of the Hidalgo County Sheriff’s Office. Assistant U.S. Attorney Laura Garcia prosecuted the case.
Three Former New York City Correction Officers Plead Guilty to Sick Leave FraudRead the Press Release
Earlier today, in federal court in Brooklyn, former New York City correction officer Eduardo Trinidad pleaded guilty to federal program fraud, admitting that he fraudulently obtained his salary from the New York City Department of Correction (DOC) by taking sick leave even though he was able to work. On February 15, 2023, and February 27, 2023, respectively, former New York City correction officers Steven Cange and Monica Coaxum also pleaded guilty to the same charge. Today’s proceeding was held before United States Magistrate Judge Vera M. Scanlon. When sentenced, all three defendants face a maximum sentence of 10 years’ imprisonment.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, New York Field Office (FBI), and Jocelyn E. Strauber, Commissioner, New York City Department of Investigation (DOI), announced the guilty pleas.
“The defendants have admitted stealing taxpayer funds by collecting their full salaries while falsely claiming they were too sick to work,” stated United States Attorney Peace. “Sick leave abuse is a plague on the New York City Department of Correction that puts fellow officers and inmates at risk during the ongoing staffing crisis in the jails. This Office is working with our federal and local law enforcement partners to identify those who exploit the sick leave policy and hold them accountable.”
DOI Commissioner Strauber stated: “These correction officers faked medical documentation to take sick leave they were not entitled to in the midst of a city jail staffing crisis. They violated DOC policy, and they broke the law. Their conduct — including travel around the country, partying, bowling, and home repairs, on stolen sick leave time — is an insult to the correction officers who do their jobs, who show up to work and risk their personal safety on a daily basis. I thank the United States Attorney’s Office for the Eastern District of New York and the Federal Bureau of Investigation for their partnership in bringing this case to a close.”
According to court documents and facts presented at the guilty plea proceedings, Cange fraudulently obtained more than $139,000 in salary while on sick leave from March 2021 to November 2022. During that period of time, Cange submitted more than 100 fraudulent medical notes to DOC claiming that he was at physical therapy or another medical provider when records subpoenaed from those providers demonstrate that Cange was not at those appointments. Law enforcement also observed Cange engaging in normal life activities with no apparent difficulty.
Coaxum fraudulently obtained more than $80,000 in salary while on sick leave from March 2021 to April 2022, and Trinidad, her fiancée, fraudulently obtained more than $119,000 in salary while on sick leave from June 2021 to October 2022. Although Coaxum claimed to suffer from multiple injuries, evidence collected by investigators showed that she was able to work. During her sick leave, Coaxum submitted nearly 50 fraudulent medical notes to DOC stating that she had gone to a medical appointment at a time when law enforcement determined she was elsewhere. Additionally, evidence showed that on some occasions when Coaxum claimed to be injured and at home, she was traveling and attending parties.
Trinidad also claimed that he was unable to work for over a year due to an injury. But video and photographic surveillance showed Trinidad performing home improvement work, bowling, and traveling abroad without any difficulty or help from equipment like an orthopedic boot, sling or cane which he used when attending required check-ins with DOC medical officials.
The defendants were arrested in November 2022 and resigned from the DOC in January 2023.
The government’s case is being handled by the Office’s Public Integrity Section. The government’s case is being prosecuted by Assistant United States Attorneys Andrew Grubin and Philip Pilmar.
The Defendants:
STEVEN CANGE
Age: 49
Brooklyn, NY
E.D.N.Y. Docket No. 23-CR-060 (NGG)
MONICA COAXUM
Age: 36
Harrison, NY
E.D.N.Y. Docket No. 23-CR-064 (LDH)
EDUARDO TRINIDAD
Age: 42
Yonkers, NY
E.D.N.Y. Docket No. 23-CR-051 (DG)
Texas Man Pleads Guilty in Federal Court to Production and Attempted Production of Child PornographyRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that Grant McKay Durtschi, age 51, of Lewisville, Texas, pled guilty before U.S. District Judge John W. deGravelles to production and attempted production of child pornography. As a result of his conviction, Durtschi faces a significant term of imprisonment, a fine, and a period of supervised release, which includes sex offender registration requirements.
According to admissions made during his plea, on or around July 2020, Durtschi arranged for a minor female, a resident of the Middle District of Louisiana, to travel to a location in Breaux Bridge, Louisiana, for a photoshoot. On or about July 20, 2020, at the location in Breaux Bridge, Louisiana, Durtschi directed the minor to engage in specific poses that lasciviously displayed her genitals for the purposes of photographing her.
Durtschi transported the images from Breaux Bridge, Louisiana, to his home, located in the Eastern District of Texas. Durtschi utilized the internet to upload some of the photographs, via a Google Drive account, where he also stored other images of the minor.
This matter was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Kristen Lundin Craig and Trial Attorney Charles Schmitz of the Department of Justice’s Child Exploitation and Obscenity Section (“CEOS”).
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Statement from Attorney General Merrick B. Garland on the Attack on Four American Citizens in Matamoros, MexicoRead the Press Release
The Justice Department today issued the following statement from Attorney General Merrick B. Garland on the attack on four American citizens in Matamoros, Mexico:
“Last Friday, four Americans were attacked in Matamoros, Mexico. In the wake of the attack, the FBI immediately contacted our Mexican law enforcement and security partners in an effort to locate the victims.
“The FBI has confirmed that two of the Americans were killed and another injured. The two surviving Americans are now receiving medical treatment in the United States.
“I want to offer my deepest condolences to the families and loved ones of the victims of this heinous attack. The Justice Department will be relentless in pursuing justice on their behalf.
“We will do everything in our power to identify, find, and hold accountable the individuals responsible for this attack on American citizens.”
Snapchat Gun Dealer Sentenced to Three Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Andrew Jace Larrabure-Tuma, 20, of Sacramento, was sentenced today to three years and four months in prison for unlawful dealing and manufacturing firearms, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Tuma used Snapchat to advertise narcotics and guns for sale. Law enforcement used undercover officers and a confidential informant to buy guns from Tuma. Tuma was 19 and could not legally purchase a gun in the state of California. Instead, Tuma ordered kits from the internet, including from a company called Polymer 80, a licensed firearms manufacturer in Nevada, and manufactured his own firearms and then sold the guns.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Police Department, and the Western El Dorado Narcotics Enforcement Team. Assistant U.S. Attorney Justin Lee is prosecuting the case.
Co-defendant Juan Manriquez pleaded guilty to unlawful dealing in firearms and is set to be sentenced on May 16, 2023.
The Sacramento Region/San Francisco Bay Area Cross-Jurisdictional Firearms Trafficking Strike Force is one of five cross-jurisdictional strike forces launched by the U.S. Department of Justice in July 2021 to disrupt illegal firearms trafficking in key regions across the country. Each strike force is led by designated United States Attorneys, who collaborate with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and with state and local law enforcement partners within their own jurisdiction as well as law enforcement partners in areas where illegally trafficked guns originate. The strike forces use the latest data, evidence, and intelligence from crime scenes to identify patterns, leads, and potential suspects in violent gun crimes, and are an important part of the Department’s Comprehensive Violent Crime Reduction Strategy.
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 U.S. Department of Justice 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.
Sioux City Man Sentenced to Prison for Meth and Gun ConvictionsRead the Press Release
A man who conspired to distribute methamphetamine while illegally possessing firearms was sentenced March 6, 2023, in federal court in Sioux City.
Alden Hendrickson, 57, from Sioux City, Iowa, pled guilty on October 11, 2022, to conspiracy to distribute methamphetamine and possession of firearms by a prohibited person.
At the plea and sentencing hearings, evidence showed that from January 2021 through March 23, 2022, Hendrickson and others conspired to distribute over 6 pounds of methamphetamine in the Sioux City, Iowa area. On March 23, 2022, law enforcement conducted a controlled buy operation and purchased 42.5 grams of pure methamphetamine from Hendrickson. Also on March 23, 2022, law enforcement executed a search warrant at Hendrickson’s residence in Sioux City and seized 394.8 grams of pure methamphetamine, marijuana, $5,975, and five guns. Hendrickson admitted to the distribution of methamphetamine and being a user of methamphetamine, which prohibits anyone from possessing firearms or ammunition.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Hendrickson was sentenced to 56 months’ imprisonment and must serve a 3-year term of supervised release following imprisonment. There is no parole in the federal system. Hendrickson remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 22-4030. Follow us on Twitter @USAO_NDIA.
Schenectady Man Pleads Guilty to Drug and Gun OffensesRead the Press Release
ALBANY, NEW YORK – Doron Tucker, age 26, of Schenectady, New York, pled guilty today to conspiring to distribute fentanyl, possessing and intending to distribute fentanyl and marijuana, and possessing a firearm in furtherance of a drug trafficking crime.
United States Attorney Carla B. Freedman and Frank A. Tarantino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division, made the announcement.
Tucker admitted to conspiring to sell pills containing fentanyl in Troy and Schenectady between June and October 2020. At first, he supplied his co-conspirator, Darren Favreau, with fentanyl pills, which Favreau personally sold to purchasers. Favreau and Tucker then shared the sale proceeds. After Favreau was arrested in August 2020, Tucker personally sold fentanyl pills to purchasers.
In executing a search warrant at Tucker’s apartment in Schenectady in October 2020, law enforcement seized marijuana, a digital scale, approximately $8,000 in cash, and a loaded .40 caliber handgun. Tucker’s black BMW, which was parked outside the apartment, contained 386 fentanyl pills, more marijuana, and another digital scale. Tucker also personally possessed about $1,000 in cash. Tucker admitted to possessing and intending to sell the fentanyl pills and marijuana and to possessing the handgun to protect his fentanyl, marijuana, and drug proceeds.
At sentencing, Tucker faces up to 20 years in prison and a maximum fine of $1 million on the drug charges. The gun charge carries a mandatory 5-year term of imprisonment and a maximum term of life, which must be imposed consecutively to any other term of imprisonment. Tucker will be required to serve at least 3 years and up to a life term of supervised release. 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.
DEA investigated this case. Assistant U.S. Attorney Cyrus P.W. Rieck is prosecuting the case.
St. Thomas Man Pleads Guilty to Possession with Intent to Distribute 87 Kilograms of CocaineRead the Press Release
ST. THOMAS, VI – United States Attorney Delia L. Smith announced today that Yefri Martinez Herrera, 30, of St. Thomas, pleaded guilty before United States Magistrate Judge Ruth Miller to conspiracy to possess cocaine and possession with intent to distribute cocaine.
According to court documents, in January 2022, Martinez Herrera brokered 200-kilogram cocaine deal with individuals later revealed to be a confidential source and an undercover Drug Enforcement Administration agent. On February 2, 2022, Martinez Herrera agreed to sell the undercover agent 86 kilograms of cocaine, as part of that 200-kilogram deal. Federal agents later executed a search warrant on Martinez Herrera’s home in Frenchtown where 87 kilograms of cocaine and a Glock pistol were seized. Martinez Herrera was taken into custody after agent found him hiding inside a bedroom closet.
This case is being investigated by Drug Enforcement Administration, Homeland Security Investigation Air Marine Operations, Bureau of Alcohol Tobacco, Firearms and Explosives, United States Postal Inspection Service, Puerto Rico Police Department and Virgin Islands Police Department, and is being prosecuted by Assistant United States Attorney Meredith Edwards.
Penn State Health Agrees to Pay $1,252,662.28 to Settle A Voluntary Disclosure Related to Milton S. Hershey Medical Center (HMC) and St. Joseph Medical Center (SJMC)Read the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Penn State Health (PSH) has agreed to pay $1,252,662.28 to resolve allegations of civil liability for submitting claims to Medicare for Evaluation & Management (E&M) services that violated Medicare rules and regulations.
According to the U.S. Attorney Gerard M. Karam, Penn State Health voluntarily disclosed that, between January 2015 and March 2019 for HMC, and between July 2015 and June 2018 for SJMC, PSH submitted claims to Medicare Part B for E&M services that were not supported by the medical record on the same date of service as infusion services. After it discovered the problems, PSH took prompt corrective action.
This matter was handled by the Department of Health and Human Services (HHS), Office of Counsel to the Inspector General (OCIG), and Assistant U.S. Attorney Tamara Haken of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office for the Middle District of Pennsylvania.
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Pain Clinic Owners Sentenced for Unlawfully Distributing Opioids and Multimillion-Dollar Health Care FraudRead the Press Release
BIRMINGHAM, Ala. – A judge sentenced a Tennessee physician and his wife yesterday for unlawfully distributing opioids and defrauding insurers through their now-shuttered Alabama clinics.
Chief U.S. District Court Judge L. Scott Coogler sentenced Mark Murphy, 66, and his wife, Jennifer Murphy, 66, both of Lewisburg, each to twenty years in prison for conspiracy to unlawfully distribute controlled substances and conspiracy to commit health care fraud, along with various substantive counts related to the same, and conspiring to defraud the United States and receiving kickbacks.
"Dr. Murphy and his wife preyed on countless vulnerable patients and stole tens of millions of dollars from Medicare and other taxpayer-funded health insurance programs," said U.S. Attorney Escalona. "Our office will continue to prosecute drug dealers and health care fraudsters to the full extent of the law."
“The abuse of prescription drugs, especially opioids, is a serious problem in our communities,” said DEA Assistant Special Agent in Charge Towanda Thorne-James. “All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners will continue to target those who illegally distribute these potentially dangerous drugs. We hope that the sentences in this case serve as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause.”
“Mark and Jennifer Murphy learned today that unlawfully distributing controlled substances, committing health care fraud, and receiving kickbacks comes with hefty legal consequences,” said James E. Dorsey, Special Agent in Charge, IRS Criminal Investigation, Atlanta Field Office. “Their conviction today serves as a lesson to others who think no one is paying attention.”
According to court documents and evidence presented at trial, Mark Murphy and Jennifer Murphy owned and operated North Alabama Pain Services (NAPS), which closed its Decatur and Madison offices in early 2017. Mark Murphy was the sole doctor at the two locations, and the evidence at trial showed that some patients went months or years without seeing him during their monthly office visits, even though they continued to get opioid prescriptions that he had pre-signed. Over the approximately five-year period leading up to the clinic closing its Alabama locations, the evidence at sentencing showed, Murphy wrote prescriptions for more than ten million opioid pills, including millions of oxycodone 30 mg tablets. During the same five-year period, Murphy and his wife Jennifer, who helped run the clinics, ordered tens of millions of dollars of unnecessary items and services that were paid by taxpayer-funded and private insurance programs. The Murphys received kickbacks for those orders and prescriptions. In all, Medicare, TRICARE, and Blue Cross Blue Shield of Alabama were billed more than $280 million as a result of the fraud and kickback schemes, and paid more than $50 million. Mark Murphy and Jennifer Murphy were each ordered to pay more than $50 million in restitution. Jennifer Murphy was also convicted of tax-related charges for underreporting clinic income.
Also yesterday, co-conspirator, Christie Rollins, 52, of Petersburg, Tennessee, was sentenced to twenty-four months in prison for her role in selling medically unnecessary durable medical equipment and expensive topical creams at NAPS. Rollins agreed to pay restitution of more than $564,000.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Prim F. Escalona for the Northern District of Alabama; Special Agent in Charge Bradford L. Byerly of the Drug Enforcement Administration (DEA) New Orleans Field Division; Special Agent in Charge Carlton L. Peeples of the FBI Birmingham Division; Special Agent in Charge James E. Dorsey of IRS Criminal Investigation (IRS-CI) Atlanta Field Office; and Special Agent in Charge Tamela E. Miles of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) Atlanta Region made the announcement.
FBI, HHS-OIG, IRS-CI and DEA investigated the case.
Assistant Chief Jillian Willis and Trial Attorney Emily Gurskis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney J.B. Ward of the Northern District of Alabama prosecuted the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
New Orleans Man Sentenced on Federal Firearm and Drug Trafficking Charges Stemming from New Orleans Hotel ShootoutRead the Press Release
NEW ORLEANS, LOUISIANA – CLARENCE SANTIAGO, of New Orleans, Louisiana, was sentenced today by U.S. District Court Judge Greg G. Guidry to 30 years in jail for his participation in a December 28, 2020, shootout at the Jung Hotel on Canal Street, announced U.S. Attorney Duane A. Evans.
SANTIAGO was sentenced to Counts 1, 2, 3, and 4 of the indictment, which charges him with conspiring to possess firearms in furtherance of a drug trafficking crime (Count 1); using, carrying and discharging a firearm during and in relation to a drug trafficking crime (Count 2); conspiracy to possess with the intent to distribute marijuana (Count 3); and illegally maintaining a drug involved premises (Count 4).
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives and New Orleans Police Department. This case was prosecuted by Assistant United States Attorneys Maurice E. Landrieu, Jr. of the Narcotics Unit and Elizabeth Privitera, Unit Chief of Violent Crime Unit.
Navajo woman charged with involuntary manslaughter in Indian CountryRead 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 that Leticia Ashley was arraigned on March 6 on an indictment charging her with involuntary manslaughter and abandonment and abuse of a child. Ashley, 42, of Navajo, New Mexico, and an enrolled member of the Navajo Nation, will remain under supervision pending trial, which has not been scheduled.
A federal grand jury indicted Ashley on Feb. 23. According to the indictment, on July 29, 2022, Ashley, while under the influence of alcohol, operated a motor vehicle with children in the car and placed those children in a situation which resulted in the death of one and endangered the lives of three others. The incident occurred in McKinley County, New Mexico, within the bounds of the Navajo Nation
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Ashley faces up to 8 years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Police Department. Assistant United States Attorney Kimberly N. Bell is prosecuting the case.
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Mexican citizen admits to alien smuggling resulting in death of childRead the Press Release
BROWNSVILLE, Texas – A 30-year-old Mexican citizen has pleaded guilty to attempted alien smuggling resulting in death, announced U.S. Attorney Alamdar S. Hamdani.
Miguel Angel Ceballos-Acuna pleaded guilty today to attempted alien smuggling resulting the death of one minor child.
On March 22, 2022, law enforcement responded to reports of suspecting alien smuggling near the border fence on the University of Texas – Rio Grande Valley (UTRGV) campus. Two individuals had crossed the border fence and got into a white SUV. Authorities then engaged in a high speed pursuit of the vehicle, which ran multiple red lights, but eventually disengaged pursuit due to safety concerns.
However, the vehicle continued traveling at a high rate of speed and crashed into a utility pole in a residential neighborhood. When law enforcement arrived on scene, they discovered the body of a 14-year-old Mexican citizen.
As part of his plea, Ceballos-Acuna admitted he and another individual had driven the white SUV that day to pick up an alien who had illegally entered the United States. When they arrived at the UTRGV campus, two aliens entered the vehicle, including the minor victim. Ceballos-Acuna admitted he knew the minor victim was unlawfully present in the United States. Nevertheless, he attempted to transport the victim which resulted in his death.
U.S. District Judge Rolando Olvera accepted the plea and will impose sentencing May 31. At that time, Ceballos-Acuna faces up to life in prison and a possible $250,000 fine.
Ceballos-Acuna has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Border Patrol, Brownsville Police Department and Cameron County District Attorney’s Office. Assistant U.S. Attorneys Edgardo J. Rodriguez and Megan Eyes prosecuted the case.
Menasha Man Indicted for Distribution of Child PornographyRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on March 7, 2023, a federal grand jury returned a two count indictment alleging that Colton H. Nelson (age: 24) of Menasha, Wisconsin, distributed child pornography in violation of Title 18, United States Code, Section 2252A(a)(2)(A).
According to documents filed with the court, Nelson used file sharing software to distribute digital videos and images of child pornography to undercover law enforcement. A subsequent search of Nelson’s residence revealed thousands of images and videos containing child pornography located on electronic devices in his possession. Nelson faces a mandatory 5 years’ imprisonment and up to 20 years’ imprisonment if convicted of either distribution charge. Nelson may also be fined up to $250,000 on each count.
This case was investigated by the Winnebago County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the 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 www.projectsafechildhood.gov.
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Massachusetts Man Sentenced to 45 Months Imprisonment for Fentanyl Distribution ConspiracyRead the Press Release
CONCORD – Carlos Ozuna, 51, of Lawrence, Massachusetts, was sentenced to 45 months in federal prison for a drug-distribution conspiracy, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, Ozuna was part of a drug-distribution conspiracy operating in Lawrence, Massachusetts that distributed fentanyl into New Hampshire. The defendant purchased wholesale quantities of fentanyl from another member of the conspiracy, who, in turn, imported the fentanyl from an international source of supply. The defendant was intercepted as part of a court authorized wiretap investigation arranging drug purchasers from the conspirator who was importing the drugs. The interception revealed that the defendant was purchasing approximately one kilogram of fentanyl for further distribution.
“Fentanyl distribution continues to be one of the significant problems plaguing our communities” said U.S. Attorney Young. “As this case demonstrates, we will continue to leverage all available methods of detection available to stop the stream of deadly fentanyl into New Hampshire and to prosecute those involved in this drug trafficking.”
This matter was investigated by the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorneys Seth Aframe, John Kennedy and Heather Cherniske.
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Massachusetts Man Pleads Guilty to Making a False Statement During the Acquisition of a Firearm in PlaistowRead the Press Release
CONCORD – William Heredia, 36, of Haverhill, Massachusetts, pleaded guilty in federal court today to an indictment charging him with one count of making a false statement during the acquisition of a firearm, United States Attorney Jane E. Young announced.
According to court documents and statements made in court, on November 23, 2018, Mr. Heredia purchased a Smith & Wesson rifle from a federal firearms licensee in Plaistow, New Hampshire. In completing the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Form 4473, Mr. Heredia stated that he was the actual transferee of the firearm. In fact, Mr. Heredia, who previously worked as an employee of the Massachusetts Department of Youth Services, was buying the gun for an individual whom Mr. Heredia had met when the individual was in juvenile detention. The individual accompanied Mr. Heredia to the firearms store, and Mr. Heredia transferred the Smith & Wesson rifle to the individual that same day.
Heredia is scheduled to be sentenced on June 20, 2023.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorneys Anna Krasinski and Aaron Gingrande.
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Maryland Man Sentenced to Prison for Defrauding Medicaid in a Scheme Involving Personal Care ServicesRead the Press Release
WASHINGTON – Joseph Tamjong, 51, of Lanham, Maryland, was sentenced today to 20 months in prison for stealing more than $700,000 from the D.C. Medicaid program. The sentence was announced by U.S. Attorney Matthew M. Graves, FBI Special Agent in Charge Wayne A. Jacobs, of the Washington Field Office’s Criminal and Cyber Division, Special Agent in Charge Maureen R. Dixon, of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C., and Daniel W. Lucas, Inspector General for the District of Columbia.
In addition to the prison term, U.S. District Court Judge Christopher R. Cooper ordered that Tamjong serve three years of supervised release following his prison sentence. He also ordered him to pay $733,405 in restitution and $396,155 in a forfeiture money judgment. Tamjong pleaded guilty to one count of health care fraud on November 28, 2022.
Between December 2014 and February 2022, Tamjong was employed as a Personal Care Aide and/or a Participant-Directed Worker providing personal care services to residents of the District of Columbia who needed assistance performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Tamjong submitted false timesheets that claimed he provided these services to Medicaid beneficiaries when, in fact, he did not. Although he committed a bulk of his criminal conduct when he was in the United States, he brazenly caused Medicaid to be billed for approximately 3,400 hours of services that he purportedly provided when he was traveling outside the country. On 156 separate occasions, he claimed he provided 24 hours of services in a single day. In total, he defrauded Medicaid of $733,405, personally receiving at least $395,155 in fraudulent wages from the scheme.
Since December 2018, 12 former personal care aides have been sentenced in the United States District Court for the District of Columbia for defrauding the District’s Medicaid program.
The government urges the public to provide tips and assistance to stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at 800- HHS‑TIPS (800 447-8477) or the D.C. Office of the Inspector General at 800-724-TIPS (800 274-8477).
This case was investigated by the FBI’s Washington Field Office, the Department of Health and Human Services’ Office of Inspector General, and the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit.
The case was prosecuted by Assistant U.S. Attorney Kondi Kleinman with assistance from Paralegal Specialist Michon Tart.
Maryland MS-13 Gang Member Pleads Guilty to Participating in a Racketeering Conspiracy, Including Two MurdersRead the Press Release
Greenbelt, Maryland – Franklyn Edgardo Sanchez, a/k/a “Freddy,” “Magic,” “Miclo,” and “Delinquente,” age 26, of Adelphi, Maryland, pleaded guilty today to his participation in a racketeering conspiracy, including two murders, related to his activities as part of the MS-13 gang.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge James C. Harris of Homeland Security Investigations Baltimore; and Chief Malik Aziz of the Prince George’s County Police Department.
According to court documents, La Mara Salvatrucha gang, also known as “MS-13,” is an international criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. In Maryland and elsewhere, MS-13 members are organized in “cliques,” smaller groups that operate in a specific city or region. MS-13 members are required to commit acts of violence, both to maintain membership and discipline within the gang and against rival gangs. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible. Participation in criminal activity by a member, particularly in violent acts directed at rival gangs or as directed by gang leadership, increases the respect accorded to that member, resulting in that member maintaining or increasing his position in the gang, and opens the door to promotion to a leadership position.
As detailed in the plea agreement, from at least August 2018 through July 2021, Sanchez was a member and associate of Weedams Locos Salvatrucha, (WLS) an MS-13 clique operating primarily in Adelphi, Maryland. On February 23, 2020, at the direction of an MS-13 leader, Sanchez and a co-defendant MS-13 member, shot and killed Victim 1, a former WLS member, in retaliation for the victim’s suspected cooperation with law enforcement.
According to the plea agreement, Victim 1 sat for interviews with local police following a robbery he committed with a fellow WLS member. Victim 1’s co-defendant pleaded guilty prior to Victim 1’s murder. In the weeks prior to the murder, Victim 1 had been in touch with WLS members over social media, text messages and voice calls. Records show that WLS members told Victim 1 that if he met with gang members to make amends, his cooperation would be forgiven. Victim 1 was instructed to wait on the side of a road at a location in or near Adelphi, Maryland, on February 23, 2020. A junior WLS member drove Sanchez and f Sanchez’s co-defendant to the location, where they picked up Victim 1. They drove to a location in or near Hyattsville, Maryland. Sanchez, his co-defendant, and Victim 1 got out of the car and walked into a wooded area, where Sanchez and the co-defendant shot Victim 1. Victim 1 died from his gunshot wounds. As a result of his participation in the murder, Sanchez was promoted within the hierarchy of MS-13.
On August 8, 2020, WLS members, including Sanchez, were gathered at a park in Prince George’s County, Maryland. Sanchez and several of the WLS members agreed to the murder of Victim 4, who was suspected of cooperating with law enforcement and to whom Sanchez owed a debt. After driving to a nearby wooded area, a WLS leader called Victim 4 and told him to come to the wooded area to participate in a disciplinary beating of Sanchez. In reality, as Sanchez knew, the gang intended to murder Victim 4.
Sanchez was armed with a revolver, and a second revolver was given to another MS-13 member to participate in the murder. When Victim 4 arrived, Sanchez and the other MS-13 member each fired multiple shots at Victim 4, causing Victim 4 to fall to the ground. Sanchez then pistol-whipped Victim 4 and stabbed him with a knife. WLS members dragged Victim 4’s body to a stream and left it there. As he was leaving the woods, Sanchez noticed he was bleeding and became concerned that his DNA was left on the body. To prevent the discovery of DNA or other evidence and to hinder the investigation and prosecution of Victim 4’s murder, other WLS members were called and ordered to bring shovels to the wooded area, where they dug a hole and buried Victim 4’s body. Victim 4’s body was later recovered with a bullet wound to the head.
Sanchez also participated in money laundering by transferring gang funds to MS-13 members and associates in El Salvador. Sanchez knew the money he transferred was the proceeds of the gang’s extortion activities
The government and the defendant have agreed that, if the Court accepts the plea, Sanchez will be sentenced to 28 years in federal prison. Sanchez will also be required to pay restitution in the full amount of the victims’ losses, including any funeral costs incurred by Victim 1 and Victim 4’s estates. U.S. District Judge Paula Xinis has scheduled sentencing for May 19, 2023.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Barron and Assistant Attorney General Polite commended the FBI, HSI and the Prince George’s County Police Department for their work in the investigation and thanked the Montgomery County Police Department and U.S. Immigration and Customs Enforcement for their assistance. Mr. Barron thanked Assistant U.S. Attorney Joel Crespo, and Trial Attorneys Brendan Woods and Christopher Taylor of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Maryland Defense Contractor Convicted for Procurement Fraud after Nine-Day TrialRead the Press Release
Baltimore, Maryland – A federal jury convicted Cory Collin Fitzgerald Sanders, age 39, of Hagerstown, Maryland, late yesterday on federal charges of wire fraud, false claims, and making and using a false document in connection with his companies’ performance on federal contracts.
The guilty verdict was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Troy W. Springer, of the National Capital Region of the U.S. Department of Labor’s Office of Inspector General; and Acting Special Agent in Charge Michael D. Butler II of the Naval Criminal Investigative Service (NCIS) Economic Crimes Field Office.
According to the evidence presented at the nine-day trial, in June 2014 Sanders formed Sandtech LLC, a Maryland limited liability company whose business was the sale of video teleconference equipment to the Department of Defense and other agencies of the federal government. Sanders was the sole owner, agent, and president of Sandtech. Witnesses testified that Sanders obtained contracts with federal agencies for Sandtech to provide telecommunications equipment and services. Sanders caused Sandtech to fail to perform on contracts with the U.S. Department of Labor and the Department of the Army, which terminated the Sandtech contracts for cause. Sanders then formed Cycorp Technologies in 2016 to provide the same type of telecommunication services as Sandtech.
The trial evidence proved that from February 10, 2015 through June 30, 2020, Sanders engaged in a scheme to defraud the government by entering into contracts with federal agencies which required Sandtech or Cycorp Technologies to provide new telecommunications equipment which was still under manufacturers’ warranty. The evidence showed that in his communications with federal agency contracting officers Sanders provided false information about the delivery, source, warranty, and/or condition of the electronic equipment provided by his companies, including misrepresentations that the equipment was new and protected by the manufacturer’s warranty, when Sanders knew that the equipment was not new, or was new but not under warranty, or was procured through unauthorized channels. The evidence also showed that Sanders was not authorized to provide certain IT services to the federal government, although he represented to government officials that he was.
Further, Sanders provided contracting officials with false information and false documents about the credentials, certifications, and qualifications of Cycorp Technologies. As proven during trial, Sanders provided fabricated and forged documents falsely certifying Cycorp Technologies’ status as an “authorized partner” of two large national telecommunications equipment manufacturers. If true, the certificates would have authorized Cycorp Technologies to buy directly from those companies’ distributors, provide maintenance to their equipment, or re-sell their new and warrantied products. In addition, Sanders submitted invoices on behalf of Sandtech and Cycorp Technologies so that the government agencies he contracted with would pay for deficient or non-existent performance by electronic deposit into business bank accounts.
Sanders faces a maximum sentence of 20 years in federal prison for each of 12 counts of wire fraud; a maximum of five years in federal prison for each of two counts of false claims; and a maximum of five years in federal prison for making and using a false document. Chief U.S. District Judge James K. Bredar has scheduled sentencing for Sanders on July 14, 2023, at 10:00 a.m.
United States Attorney Erek L. Barron commended the Department of Labor – OIG and the NCIS for their work in the investigation and thanked the Army Criminal Investigation Division, and the Offices of Inspector General for the U.S. Department of State, the U. S. Department of Commerce, the U.S. Environmental Protection Agency, the U.S. Department of the Interior, the Defense Criminal Investigation Service, the U.S. Department of Homeland Security, the U.S. Department of Health and Human Services and the U.S. Department of Justice for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Joyce K. McDonald and Evelyn Lombardo Cusson, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to fight fraud, please visit https://www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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MPD Sergeant Charged with Federal Civil Rights Violation and Second-Degree MurderRead the Press Release
Defendant Appeared in Federal Court Today
WASHINGTON – A federal indictment was unsealed today charging MPD Sergeant Enis Jevric, 41, with a federal civil rights violation and second-degree murder. The charges stem from Jevric’s August 25, 2021, fatal shooting of An’Twan Gilmore, 27, in Northeast Washington, D.C. Jevric appeared this afternoon before the Honorable Magistrate Judge G. Michael Harvey in the U.S. District Court for the District of Columbia.
As alleged in count one of indictment, the defendant, while acting under the color of law, willfully deprived Gilmore, 27, of his right to be free from the use of excessive force. Specifically, the defendant used his MPD-issued firearm to shoot and kill Gilmore. Count two charges Gilmore with violating federal law by using a firearm to commit second-degree murder. Finally, count three charges the defendant with murder in the second-degree, in violation of D.C. Code. The alleged offenses carry a statutory maximum penalty of life in prison.
“We thoroughly investigate every incident where one of our fellow citizens dies during an interaction with law enforcement,” said U.S. Attorney Matthew M. Graves, in announcing the indictment. “We have found that most officers use force only when necessary. In these investigations, we follow the evidence and the law. In the overwhelming majority of these cases, criminal charges would not be appropriate. But when an officer willfully disregards the safety of a citizen he is sworn to protect, he violates the trust placed in him by virtue of his badge. Today’s indictment reinforces that we will hold officers who commit civil rights violations accountable.”
“Law enforcement officers take an oath to serve and protect our communities, and should be held to the highest standards,” said David Sundberg, Assistant Director in Charge the FBI Washington Field Office. “This investigation demonstrates the FBI’s unyielding commitment to pursuing justice for those whose fundamental rights have been breached.”
This case was investigated by the FBI’s Washington Field Office and is being prosecuted by the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Laredo man admits to repeatedly abusing minor relative to produce child pornographyRead the Press Release
LAREDO, Texas – A 26-year-old Laredo resident has pleaded guilty to sexual exploitation of a child and possession of child pornography, announced U.S. Attorney Alamdar S. Hamdani.
The investigation began when authorities learned an IP address associated with Aaron Negrete had uploaded child pornography online.
On Oct. 12, 2022, law enforcement executed a search warrant at his home. At that time, they found and seized several electronic devices which contained child pornography and took Negrete into custody.
He ultimately admitted to downloading an application he used to search for child pornography such as baby and toddler abuse. He also sexually abused a minor relative. He recorded himself doing so and shared the recordings and photographs online.
The investigation revealed the minor visited Negrete and stayed at his residence in Laredo. The victim claimed that on more than 50 instances Negrete forced him to rub his genitals and took naked pictures of him, among other things. The minor was told to keep it a secret to prevent “something bad” from happening.
U.S. District Judge Diana Saldaña will impose sentencing at a later date. At that time, Negrete faces a mandatory minimum of 15 and up to 30 years in federal prison.
Negrete has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of the Laredo Police Department.
Assistant U.S. Attorney Michael Makens is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Kanawha County Man Pleads Guilty to Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Billy Eggleston, 50, of St. Albans, pleaded guilty today to production of child pornography.
According to court documents and statements made in court, on March 26, 2020, Eggleston induced a prepubescent minor child to engage in sexually explicit conduct for the purpose of photographing such conduct. Eggleston admitted to using his cell phone to take a series of 24 photos of him engaged in sexually explicit conduct with the minor. The sexually explicit photos were taken by Eggleston in his bedroom.
Eggleston transferred the images to his desktop computer. Eggleston admitted to possessing nearly 5,000 videos and images of child pornography on his desktop computer and a memory card on October 21, 2022. Eggleston further admitted that one of these images was of an adult male sexually assaulting a minor female between four and seven years old, and another image was of a minor female between two and four years old subjected to sexually explicit conduct by an adult male.
Eggleston is scheduled to be sentenced on August 3, 2023, and faces a mandatory minimum of 15 years and up to 30 years in prison, five years and up to a lifetime of supervised release, and a $250,000 fine. Eggleston must also register as a sex offender.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Department of Homeland Security, Homeland Security Investigations (HSI), the West Virginia State Police and the St. Albans Police Department, and the assistance provided by the Charleston Area Medical Center (CAMC) Children’s Advocacy Center.
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Julie White is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:23-cr-3.
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Justice Department Sues to Block JetBlue’s Proposed Acquisition of SpiritRead the Press Release
The Justice Department, together with Attorneys General of the Commonwealth of Massachusetts, the State of New York, and the District of Columbia, filed a civil antitrust lawsuit today to block JetBlue Airways Corporation’s (JetBlue) proposed $3.8 billion acquisition of its largest and fastest-growing ultra-low-cost rival, Spirit Airlines, Inc. (Spirit). JetBlue and Spirit compete fiercely today on hundreds of routes serving millions of travelers. By eliminating that competition and further consolidating the United States airlines industry, the proposed transaction will increase fares and reduce choice on routes across the country, raising costs for the flying public and harming cost-conscious fliers most acutely.
The complaint, filed in the District of Massachusetts, alleges that Spirit’s low-cost, no-frills flying option has brought lower fares and more options to routes across the country, making it possible for more Americans – particularly price sensitive consumers who pay their own fares – to travel. JetBlue’s acquisition of Spirit would eliminate the “Spirit Effect,” where Spirit’s presence in a market forces other air carriers, including JetBlue, to lower their fares. The deal also would eliminate half of the ultra-low-cost capacity in the United States. This will lead to higher fares and fewer seats, harming millions of consumers on hundreds of routes.
“As our complaint alleges, the merger of JetBlue and Spirit would result in higher fares and fewer choices for tens of millions of travelers, with the greatest impact felt by those who rely on what are known as ultra-low-cost carriers in order to fly,” said Attorney General Merrick B. Garland. “Companies in every industry should understand by now that this Justice Department will not hesitate to enforce our antitrust laws and protect American consumers.”
“Our complaint alleges that JetBlue’s acquisition of Spirit would particularly hurt cost-conscious travelers,” said Associate Attorney General Vanita Gupta. “Ultra-low-cost carriers make air travel possible so more Americans can take a much-needed family vacation or celebrate or mourn together with loved ones. We allege that the proposed merger would lead to fewer seats and higher prices for travelers.”
“JetBlue’s proposed acquisition of Spirit eliminates a disruptive, low-cost option for millions of Americans. Whether they fly Spirit or not, travelers throughout the United States benefit from an independent Spirit because where Spirit competes, other airlines – including JetBlue – are forced to compete more vigorously by lowering fares, offering greater innovations, and delivering more consumer choice,” said Principal Deputy Assistant Attorney General Doha Mekki of the Justice Department's Antitrust Division. “This transaction occurs against the backdrop of years of airline consolidation in the United States.”
The complaint, which seeks to block the acquisition under Section 7 of the Clayton Act, alleges Spirit has been a particularly disruptive force, growing rapidly, introducing innovative products, and allowing customers to choose which services to purchase, all while charging customers very low fares. Spirit has forced larger airlines, particularly the already-low-cost JetBlue, to compete for customers by introducing unbundled, customizable ticket options and lowering their own fares, allowing more Americans to travel. If the acquisition is allowed to proceed, prices would increase on routes where the two airlines currently compete. This is particularly the case on the over 40 direct routes where the two companies’ combined market shares are so high that the deal is presumptively anticompetitive.
As further alleged in the complaint, in the last 10 years, Spirit has doubled its network in size and, before this deal, expected to continue expanding at a quick pace. The acquisition stops this future competition before it starts.
The acquisition would also make it easier for the remaining airlines to coordinate to charge travelers higher fares or limit capacity. JetBlue has already partnered with American Airlines, the largest airline in the world, through the Northeast Alliance, which the Department sued to block. Now, JetBlue is doubling down on consolidation, seeking to acquire and eliminate its main ultra-low-cost competitor, depriving travelers of yet another choice.
If allowed to eliminate the Spirit option, JetBlue would likely increase prices on every route where Spirit flies today. As a result, travelers who previously preferred Spirit’s lower-price, no-frills service would either have to pay more for amenities they do not want, or may no longer be able to afford to travel at all.
JetBlue is a Delaware corporation headquartered in Long Island City, New York. In 2022, it flew over 39 million passengers to approximately 107 destinations around the world, earning about $9.1 billion in revenue.
Spirit is a Delaware corporation headquartered in Miramar, Florida. In 2022, it flew over 38 million passengers to approximately 92 destinations in the Americas, earning about $5 billion in revenue.
Jury Convicts Pennsylvania Man for Dealing Fentanyl Analogue that Caused Fatal Overdoses in OregonRead the Press Release
PORTLAND, Ore.—A federal jury in Portland found a Pennsylvania man guilty today for distributing a fentanyl analogue on AlphaBay, a former darknet marketplace, that caused the overdoses of three people in Oregon, two of whom died.
Henry Konah Koffie, 37, of Darby, Pennsylvania, was found guilty on two counts of distribution of a controlled substance resulting in death, one count of distribution of a controlled substance resulting in serious bodily injury, and five counts of distribution of a controlled substance.
“Henry Koffie sold illicit fentanyl analogues on the darknet, exploiting profits while risking the lives of many Americans addicted to dangerous opioids. Today, fentanyl can be purchased for less than a few dollars in many American cities. The mass availability of fentanyl in our country is staggering and represents a profound public safety and health threat,” said Steven T. Mygrant, Chief of the Narcotics and Criminal Enterprises Unit of the United States Attorney’s Office for the District of Oregon. “We in law enforcement will continue doing our part to hold fentanyl dealers like Henry Koffie accountable, but we implore all community members to be vigilant in protecting themselves and their loved ones. If you possess pills not dispensed by a licensed pharmacist, assume they are fake and contain a deadly dose of fentanyl.”
“Today’s conviction of Henry Koffie for distributing fentanyl on AlphaBay resulting in the overdoses of three people, two of whom died, serves as a reminder of the grave danger posed by the illegal distribution of synthetic opioids,” said Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in the Pacific Northwest. “Using the darknet does not provide anonymity. HSI special agents are highly skilled in conducting investigations that involve darknet markets, cryptocurrency transactions, and other illicit online activities. HSI will continue to work with our law enforcement partners to investigate and bring to justice those who contribute to the opioid epidemic that has devastated communities across America.”
“The conviction of Henry Koffie was possible due to the excellent relationships between federal and local law enforcement in Portland. The United States Postal Inspection Service values our partnerships with the Portland Police Bureau, Homeland Security Investigations, and United States Attorney’s Office which led to the conviction of this purveyor of death on a national scale. Koffie’s reckless lack of regard for the lives of others is reprehensible and ends here. We hope this verdict allows the victims and their families to start the healing process,” said Tony Galetti, Inspector in Charge of the United States Postal Inspection Service (USPIS), Seattle Division.
“To see the senseless loss of life through overdoses caused by dangerous and illegal drugs is heartbreaking for families and our community,” said Assistant Chief Art Nakamura of the Portland Police Bureau (PPB). “We hope this verdict is the first step in healing for the families involved. This is a great example of the impact law enforcement can have when they join efforts to combat illegal drugs that are inflicting harm on our communities. Thank you to the Narcotics and Organized Crime Unit and our partners, including Homeland Security Investigations, the FBI, Philadelphia Police Department, Pennsylvania State Police, United States Postal Inspection Service, Multnomah County District Attorney’s Office, and United States Attorney’s Office who worked together to bring justice to the victims and their families.”
According to court documents, in just over a year, three Portland residents overdosed on furanyl fentanyl supplied by Koffie, a darknet narcotics vendor known as DNMKingpin and later Narcoboss on AlphaBay. The first victim was a 19-year-old student at Portland State University who, on May 2, 2016, overdosed 30 minutes after ingesting powdered furanyl fentanyl. Paramedics administered Naloxone and breathing assistance to the student, saving her life. Investigators interviewed the student’s source who said he supplied the student with the powdered furanyl fentanyl he purchased from DNMKingpin on AlphaBay.
One year later, on May 6, 2017, Portland Police Bureau (PPB) officers responded to a fatal overdose of a 27-year-old in southeast Portland. The victim’s roommates told the officers that the victim had ordered fentanyl from Narcoboss on AlphaBay who had advertised the furanyl fentanyl as “China White.” One roommate further told officers that he and the victim had ordered a gram of fentanyl from Narcoboss for $40 and that it had arrived in a USPS priority mail envelope shipped from Philadelphia.
Three weeks later, on May 29, 2017, PPB officers responded to a fatal overdose of another 27-year-old who had resided in northeast Portland. Officers located a small vial of furanyl fentanyl in the victim’s residence as well as a notebook containing information on accessing AlphaBay and a Bitcoin wallet. They further located an envelope in the victim’s trash can with a return address in Philadelphia.
Between May 25 and June 21, 2017, investigators conducted five controlled buys of powdered fentanyl from Narcoboss. All five orders were fulfilled from addresses in and around Philadelphia. Around the same time, investigators in Wisconsin and Pennsylvania located and identified Koffie’s fingerprints on packages of furanyl fentanyl resembling those shipped to law enforcement in Portland that were purchased from AlphaBay via Narcoboss.
Further investigation revealed that between April 6, 2016, and May 23, 2017, Koffie received 14 packages of furanyl fentanyl totaling approximately seven kilograms from distributors in China and Hong Kong. In May and June of 2017, two additional packages shipped to Koffie containing another half kilogram of furanyl fentanyl were intercepted by United States Customs and Border Protection (CBP). It was later determined that Koffie used an online postage company called Stampnik to purchase more than 5,700 postage labels he used to ship furanyl fentanyl throughout the United States, including the labels affixed to parcels seized in Oregon, Wisconsin, and Pennsylvania.
On July 12, 2017, Koffie was charged by criminal complaint in the District of Oregon with distribution of a controlled substance resulting in serious bodily injury or death. Later, on April 21, 2021, he was charged by superseding indictment with conspiracy to distribute a controlled substance, distribution of a controlled substance resulting in serious bodily injury, distribution of a controlled substance resulting in death, and distribution of a controlled substance. The conspiracy charge was dismissed before trial.
Koffie faces a maximum sentence of life in prison, a $10 million fine and three years’ supervised release. He will be sentenced on May 30, 2023, before United States District Court Judge Michael W. Mosman.
Koffie is under federal indictment in two other judicial districts. On August 1, 2017, a federal grand jury in the Western District of Pennsylvania returned an indictment charging Koffie with four counts of distributing a controlled substance. On September 20, 2017, a federal grand jury in the Eastern District of Pennsylvania returned a two-count indictment charging Koffie with distributing a controlled substance and distributing a controlled substance within 1,000 feet of a playground. Both cases are pending.
This case was investigated by HSI, USPIS, and PPB with assistance from the FBI, Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) task force, CBP, Philadelphia Police Department, and Pennsylvania State Police. It was prosecuted by Scott M. Kerin, Parakram Singh, and Andrew T. Ho, Assistant United States Attorneys for the District of Oregon.
On July 20, 2017, the Justice Department, in partnership with the FBI, United States Drug Enforcement Administration (DEA), HSI and IRS-Criminal Investigation (IRS-CI), seized and shut down AlphaBay, which, at the time, was the largest criminal marketplace online. At the time of its seizure, AlphaBay had operated for over two years on the darknet and was used to sell illegal drugs, stolen and fraudulent identification documents and access devices, counterfeit goods, malware and other hacking tools, firearms, and toxic chemicals throughout the world.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Inmate Sentenced to Five Months in Prison for Possessing Prohibited ObjectsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dewey Sims, age 34, an inmate at FCI-Schuylkill, was sentenced on March 3, 2023, to five months’ imprisonment by United States District Court Judge Robert D. Mariani for possessing prohibited objects.
According to United States Attorney Gerard M. Karam, Sims previously pleaded guilty to possessing quantities of oxycodone hydrochloride, a Schedule II controlled substance, and suboxone, a Schedule III controlled substance. Both items are prohibited objects for federal inmates. The sentence will run consecutive to the sentence Sims is currently serving.
The matter was investigated by the Federal Bureau of Prisons. Assistant United States Attorney James Buchanan prosecuted the case.
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Illinois Man Sentenced to 5 Years for Trafficking MethamphetamineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Martell Mitchum, 36, Chicago, Illinois was sentenced today by U.S. District Judge William M. Conley to 5 years in federal prison for possessing over 50 grams of methamphetamine with the intent to distribute. The prison term will be followed by 4 years of supervised release. Mitchum pleaded guilty to this charge on November 22, 2022.
On June 30, 2020, a Wisconsin State Patrol trooper located a vehicle that had crashed in a construction zone on Interstate 39/90 in Madison, Wisconsin. Mitchum was identified as the driver and sole occupant of the vehicle. A trooper searched the vehicle after smelling marijuana coming from Mitchum and from inside the vehicle. The trooper found a loaded Glock 43X handgun, a bag of methamphetamine, and multiple baggies of marijuana in a safe on the front passenger seat; a loaded magazine on the steering column; body armor on the front passenger floorboard; and additional bags of methamphetamine and marijuana, digital scales, and three cases of 9mm ammunition were located elsewhere in the car. In total, 106 grams of methamphetamine and almost 5 pounds of marijuana were seized. Subsequent laboratory testing determined that Mitchum had marijuana in his system at the time of his arrest.
At sentencing, Judge Conley highlighted the dangerous nature of Mitchum’s conduct, which involved possessing a loaded firearm, body armor, and a large quantity of drugs all while driving under the influence of marijuana.
The charge against Mitchum was the result of an investigation conducted by the Wisconsin State Patrol. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
Illegal gambling business operator heads to prison for plotting military equipment theftRead the Press Release
CORPUS CHRISTI, Texas – A 46-year-old Corpus Christi resident has been sent to prison following his convictions of conducting an illegal gambling business and conspiring to steal government property, announced U.S. Attorney Alamdar S. Hamdani.
Nathan Nichols pleaded guilty March 21, 2022.
Today, U.S. District Judge Nelva Gonzales Ramos ordered Nichols to serve 27 months in federal prison to be immediately followed by two years of supervised release. In handing down the sentence, the court noted the dangers and potential damage that could be caused to the United States military. In addition, Nichols was order to pay over $1 million in restitution.
Nichols admitted that from March 2018 to August 2019, he operated illegal gambling businesses in Corpus Christi. He also pleaded guilty to conspiring to steal sensitive government property from the U.S. Army installation at Ft. Hood in June 2021.
Nichols was the co-owner of Theo's Bar and owner/operator of Lady Luck, both facilities containing illegal gaming devices. The establishments contained sweepstakes games which people play by using computers and monitors rather than casino-style equipment. The games are software-based and function as traditional slot-machine games or “8-liners.” However, the action of the slot-machine reels are simulated on a computer screen rather than on mechanical reels. Those playing the machines place bets before each spin and receive winnings in cash.
In a separate case, Nichols also admitted he conspired with others to steal sensitive U.S. Army property valued at $2,176,000. He had been in contact with one of the persons responsible for the theft and requested pictures of the property before agreeing to buy it for resale. Once he obtained the items, Nichols subsequently listed them for sale on eBay.
Authorities executed a search warrant at Nichols’ residence in July 2021. At that time, they discovered sensitive military equipment including laser range finders, thermal scopes, night vision scopes, night vision goggles and laser aiming devices. All of the property belonged to the U.S. Army.
As part of his guilty pleas, Nichols agreed to forfeit a total of $2,185,218.73 as proceeds from his illegal activity.
Nichols will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Corpus Christi Police Department on the gambling case. Homeland Security Investigations conducted the stolen property investigation with the assistance of the U.S. Army Criminal Investigation Division.
Assistant U.S. Attorneys (AUSA) Joel Dunn and Christopher Marin prosecuted the cases with the assistance of Asset Forfeiture AUSA Yifei Zheng.