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Newest first across public DOJ and U.S. Attorney press releases.
Monday 30 January 2023
Federal Grand Jury Indicts New Orleans Man for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LOUISIANA – JUSTIN HENRY, age 41, a resident of New Orleans, Louisiana, was charged on January 26, 2023 in a one-count indictment for being a felon in possession of a firearm.
If convicted, HENRY faces a maximum sentence of 15 years in prison, a fine of up to $250,000, up to 3 years of supervised release, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the New Orleans Police Department, the Orleans Parish District Attorney’s Office, and the Department of Homeland Security, Homeland Security Investigations. Assistant United States Attorney David Berman is in charge of the prosecution.
Domestic Abuser Sentenced to Five Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
INDIANAPOLIS- Carlton Chaney Jr., 27, of Indianapolis, Indiana was sentenced to 5 years in federal prison for illegally possessing a firearm as a convicted felon.
According to court documents, on September 21, 2022, agents with the FBI’s Safe Streets Gang Task Force were conducting an investigation at a residence near Irvington when Carlton Chaney exited the front door of the residence with a handgun in his waistband and drove away. Indianapolis Metropolitan Police Department (IMPD) officers pulled Chaney over on I-465 and recovered the handgun previously seen in Chaney’s waistband.
Chaney is prohibited from possessing a firearm due to his previous felony convictions including a federal conviction for commercial robbery, and state convictions for battery with a deadly weapon, illegal gun possession, and resisting law enforcement. Chaney was also the subject of multiple domestic violence-related protective orders.
Zachary A. Myers, United States Attorney for the Southern District of Indiana and Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office made the announcement.
“Armed domestic abusers pose a serious threat to those closest to them, law enforcement officers, and public safety in general,” said Zachary A. Myers, United States Attorney for the Southern District of Indiana. “Many illegally armed perpetrators of gun violence in the home and mass shootings in public have a prior history of committing domestic violence. That’s why our office is working together with IMPD and the FBI, through the LEATH initiative, to protect the public from these offenders and save lives.”
The FBI investigated this case with the valuable assistance of the IMPD. The sentence was imposed by U.S. District Court Judge Jane E. Magnus-Stinson. Judge Stinson also ordered that Chaney be supervised by the U.S. Probation Office for 3 years following his release from federal prison. Chaney must pay a $900.00 fine and forfeit the handgun.
U.S. Attorney Myers thanked Assistant United States Attorney Barry D. Glickman, who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was also brought as part of the LEATH Initiative (Law Enforcement Action to Halt Domestic Violence), named in honor of Indianapolis Metropolitan Police Department (IMPD) Officer Breann Leath, who was killed in the line of duty while responding to a domestic disturbance call. A partnership among the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the IMPD, and the U.S. Attorney’s Office for the Southern District of Indiana, the LEATH Initiative focuses federal, state, and local law enforcement resources on domestic violence offenders who illegally possess firearms.
Doctor Sentenced for Role in Illegally Distributing 6.6 Million Opioid Pills and Submitting $250 Million in False BillingsRead the Press Release
A Michigan doctor was sentenced today to 16.5 years in prison for his role in a health care fraud scheme that resulted in over $250 million in false and fraudulent claims being submitted to Medicare, Medicaid, and other health insurance programs, exploited patients suffering from addiction by administering unnecessary injections, illegally distributed over 6.6 million doses of medically unnecessary opioids, and engaged in money laundering.
“This defendant exploited vulnerable patients struggling with addiction by overprescribing highly dangerous opioid pills and exposing them to unnecessary and sometimes painful injections,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “To make matters worse, the defendant and his co-conspirators submitted over $250 million in false and fraudulent claims to Medicare, Medicaid, and other health insurance programs. As this case demonstrates, the Department of Justice will continue to relentlessly combat health care fraud, particularly where defendants endanger patients by providing addictive substances and billing for needless procedures.”
In September 2021, Francisco Patino, M.D., 68, of Wayne County, was convicted at trial in the Eastern District of Michigan of conspiracy to commit health care fraud and wire fraud, health care fraud, conspiracy to defraud the United States and pay and receive health care kickbacks, conspiracy to commit money laundering, and money laundering.
Patino joins 21 other defendants who were previously sentenced for participating in the same scheme.
“The defendant in this case preyed upon patients seeking treatment for addiction and pocketed the profits,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “The FBI and our law enforcement partners remain dedicated to pursuing those who exploit our healthcare system and the American people.”
According to court documents and evidence at trial, Patino owned multiple medical practices and clinical laboratories in Michigan. Patino played a critical role in developing and implementing a “shots-for-pills” protocol at several pain clinics, whereby patients were required to receive unnecessary back injections in exchange for prescriptions of dangerous and high doses of medically unnecessary and addictive opioids.
Patino excessively prescribed highly addictive opioids to his patients. In exchange for opioids, these patients would receive – or be billed as if they had received – facet joint or nerve block injections, both lucrative spinal injections. Although these spinal injections were purportedly intended to treat chronic pain, Patino injected the patients without regard to medical necessity. Evidence also revealed that if patients refused to accept the injections, Patino would withhold their prescriptions for opioids. From January 2012 through July 2017, Patino billed Medicare for more of these injections than any other provider in the country. In 2016 and 2017, Patino prescribed more 30-milligram Oxycodone pills than any other provider in Michigan.
“The significance of this sentence underscores the severity of the conduct by the defendant in this investigation,” said Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “In particular, the administration of unnecessary injections, in exchange for unnecessary opioid prescriptions, places patients at serious risk of harm and exploits some of the most vulnerable people. Our office is committed to working together with our law enforcement partners to identify and investigate medical professionals and others who engage in fraudulent conduct and prey on beneficiaries of Federal health care programs.”
Patino also developed an illegal kickback relationship with at least one diagnostic laboratory, from which he was paid in exchange for referring his patients’ samples to that lab. Patino was aware that his ownership structure and kickbacks violated the law and authored emails acknowledging that such ownership constituted a “violation of the Stark and Anti-Kickback laws,” and attempted to conceal and disguise the ownership structure and scheme in order to keep himself “out of Federal Prison & having all our assets seized.” The evidence showed that Patino laundered the proceeds of the scheme to falsely portray himself as a legitimate doctor through the publication of a diet book and plan described as the “next Atkins,” paid-for appearances on a nationally syndicated television show, and the sponsorship of boxers, cagefighters, and prominent Ultimate Fighting Championship World Champions and Hall of Famers. Patino also spent funds he derived from these various schemes on luxury jewelry, cars, and international vacations. Between the medically unnecessary spinal injections and kickback-induced laboratory testing, Patino was responsible for over $120 million worth of fraudulent bills submitted to insurers for payment.
Additionally, Patino pioneered the shots-for-pills protocol while working with CEO Mashiyat Rashid of the Tri-County Wellness Group of medical providers in Michigan and Ohio. In 2018, Rashid pleaded guilty to conspiracy to commit health care fraud and wire fraud and money laundering and was sentenced to 15 years in prison on March 3, 2021. Others convicted at trial or by guilty plea include 12 other physicians who were trained in Patino’s protocols, along with many non-physician defendants who participated in the conspiracy.
The five other defendants most recently sentenced for their part in this scheme include:
- Yasser Mozeb, 40, of Hamtramck, Michigan, the office manager of the Tri-County clinics, was sentenced to five years in prison and ordered to pay over $46 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud and one count of conspiracy to defraud the United States and pay and receive illegal kickbacks and bribes.
- Kashif Rasool, 47, of Troy, Michigan, a physician, was sentenced to 32 months in prison and ordered to pay nearly $2 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud.
- Tariq Siddiqi, 45, of Sterling Heights, Michigan, a physical therapist and home health owner, was sentenced to 30 months in prison and ordered to pay over $880,000 in restitution following his guilty plea to one count of health care fraud conspiracy in connection with his payment of illegal kickbacks for the referral of patients from the clinics for medically unnecessary home health services.
- Tasadaq Ali Ahmad, 55, of Canton, Michigan, the owner of a home health agency, was sentenced to 58 months in prison and ordered to pay over $20 million in restitution following his guilty plea to one count of conspiracy to commit health care fraud and one count of conspiracy to defraud the United States and pay and receive kickbacks.
- Stephanie Borgula, 42, of Livonia, Michigan, a licensed physical therapist, was sentenced to 15 months in prison and ordered to pay over $825,000 in restitution following her guilty plea to one count of conspiracy to commit health care fraud.
The FBI and HHS-OIG investigated the cases.
Acting Principal Assistant Deputy Chief Jacob Foster, Trial Attorneys Steven Scott, Kathleen Cooperstein, and Shankar Ramamurthy, as well as former Trial Attorney Thomas Tynan, of the Criminal Division’s Fraud Section prosecuted the cases.
District Court Enters Permanent Injunction Against Florida-Based Drug Importer and DistributorRead the Press Release
A federal court today entered a consent decree of permanent injunction prohibiting LGM Pharma LLC, a Florida company, from distributing active pharmaceutical ingredients not manufactured, processed, or held in compliance with the Federal Food, Drug, and Cosmetic Act (FDCA).
According to court filings, LGM Pharma LLC is an importer and distributor of active pharmaceutical ingredients (APIs), which the company’s customers use to manufacture and compound finished drug products. In a complaint filed on Jan. 11, the United States alleged that LGM Pharma LLC, its chief executive officer, Prasad Raje, and its senior vice president of quality and regulatory affairs, Shailesh Vengurlekar, introduced into interstate commerce adulterated drugs that were manufactured, processed, packed, or held in conditions that do not comply with current good manufacturing practices (CGMP) as required under the FDCA. The complaint alleged that a 2022 FDA inspection of LGM’s Florida headquarters and a Kentucky facility where the company receives, holds, and distributes API identified significant departures from CGMP that posed a serious and ongoing risk to the public. The complaint further alleged that the problems observed in 2022 were similar to violations previously seen during a 2018 inspection of the Kentucky facility.
The defendants agreed to settle the suit and to be bound by a consent decree of permanent injunction. The consent decree, which resolves the case against all defendants, requires, among other things, that the defendants hire a CGMP expert to review and inspect LGM’s methods and controls used to receive, label, hold, and distribute drugs to determine whether the company’s processes and quality controls conform with CGMP. The consent decree also requires ongoing compliance auditing and reporting to FDA.
“Compliance by pharmaceutical importers and distributors with current good manufacturing practices is essential to ensuring the safety of drug products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department is committed to ensuring that companies importing and distributing drugs and active pharmaceutical ingredients comply with federal law.”
“Protecting patients means we must hold all parts of our drug supply chain to the highest standards of quality allowed by law, including importers and distributors of both finished drug products and active pharmaceutical ingredients,” said Acting Director of the Office of Compliance Jill P. Furman, J.D. of the FDA’s Center for Drug Evaluation and Research. “LGM Pharma LLC’s failures to adhere to CGMP requirements put patients at risk. This consent decree requires the firm to implement and adhere to rigorous quality standards, under close FDA supervision. We will continue to do everything in our power to ensure compliance and address violations of federal law to protect the American public and the safety of the drug products they rely on.”
The government was represented by Trial Attorneys Ann Entwistle and Rachael Doud of the Justice Department’s Consumer Protection Branch, with the assistance of Tracey Allen of the FDA’s Office of Chief Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.
The claims resolved by the resolution announced today are allegations only and there has been no determination of liability.
Des Moines Man Who Fled Prosecution Sentenced to 20 Years for Receipt of Child PornographyRead the Press Release
DES MOINES, IA – Jacob Chance Greer, age 27 of Des Moines, was sentenced today to 20 years in prison for knowingly receiving child pornography. Greer was also ordered to pay restitution of $12,000 to victims of the child pornography he collected and placed on supervised release for a term of five years after his prison term. He is also required to register as a sex offender.
Greer was originally arrested on federal child pornography charges in 2016 as the result of an investigation by Homeland Security Investigations. About a month after he was released pending trial, Greer faked his death, leaving a suicide note by his abandoned car, parked by a lake in Dallas County, and absconded. The U.S. Marshals’ Fugitive Task Force developed information that led to Greer’s arrest in Spanaway, Washington on April 4, 2022.
According to court documents, Greer received, possessed, and distributed child pornography on the internet over several years. He tried to avoid detection by, among other things, storing his collection on internet-platforms, instead of on his own electronic devices, and occasionally deleted files on his devices. Yet child pornography and digital evidence of his seeking out and trading child pornography was found on numerous electronic devices seized from him on February 4, 2015, when law enforcement executed a search warrant at his residence in Des Moines.
“Thanks to the dedicated efforts of our law enforcement partners, including the United States Marshals’ Fugitive Task Force, sex offender Jacob Greer failed in his attempt to avoid accountability for these serious charges involving the exploitation of children,” said United States Attorney Richard D. Westphal.
The investigation started in 2014, as part of Project Hydra, a joint task force investigation by Homeland Security Investigations and the York, Ottawa Regional Police in Ontario, Canada targeting persons who produce and distribute child pornography on the internet case. Other agencies who assisted with the case include the U.S. Postal Inspection Service, the National Center for Missing and Exploited Children, the U.S. Forest Service, the Royal Canadian Mounter Police, and the U.S. State Department.
The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa and Assistant U.S. Attorney Craig Peyton Gaumer, as part of the United States Department of Justice’s “Project Safe Child” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Council Bluffs Man Sentenced to 60 Months in Federal Prison for Child Pornography OffenseRead the Press Release
COUNCIL BLUFFS, IA – Robert Sherman Kerber, age 32, of Council Bluffs, was sentenced on January 25, 2023, to 60 months in prison following his plea of guilty to Receipt of Child Pornography. Kerber will be required to register as a sex offender and serve five years of supervised release following his release from prison. Kerber was also ordered to pay restitution.
In May 2020, a social media application sent a cybertip to the National Center for Missing and Exploited Children regarding an account that uploaded images of child pornography. The cybertip was referred to Iowa Internet Crimes Against Children and the Council Bluffs Police Department started an investigation. The investigation led to a search warrant at Kerber’s residence. A forensic analysis identified that Kerber received and possessed numerous images and videos of child pornography.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The investigation was conducted by the Iowa Internet Crimes Against Children, the Council Bluffs Police Department, the United States Secret Service National Computer Forensics Institute who provided training and equipment and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. For more information about Internet safety education, please visit https://www.justice.gov/psc and click on the resources tab.
Council Bluffs Man Sentenced for Threats to the Islamic CenterRead the Press Release
United States Attorney Steven Russell announced that Nolan Lee Al-Jaddou, 38, of Council Bluffs, Iowa, was sentenced today in Omaha, Nebraska, for transmitting a threat to shoot members of the Islamic Center of Omaha. Senior United States District Judge Joseph F. Bataillon sentenced Al-Jaddou to time served (approximately 30 months of imprisonment) to be followed by placement at a mental health treatment center. Al-Jaddou has been in federal custody since his arrest. Al-Jaddou will be on federal supervision for three years from the date of today’s sentencing and while residing at the treatment facility. At sentencing, Al-Jaddou expressed his apologies to the Islamic Center of Omaha and stated that he was “not himself” when he made the threat.
Investigation revealed that Al-Jaddou made a threat to the Islamic Center from a motel in Council Bluffs on March 25, 2020. He threatened to shoot the members with an AK-47. Al-Jaddou was identified in part due to an ankle monitor that he was ordered to wear on the date of the threat following his state sentence in Iowa for harassing the mayor of Council Bluffs.
This case was investigated by the Federal Bureau of Investigation and the Omaha Police Department.
Coronavirus Fraud Task Force Getting ResultsRead the Press Release
OKLAHOMA CITY — Launched in April 2021, the Western District of Oklahoma Coronavirus Fraud Task Force is getting results. The Task Force combines the efforts of federal, state, and local law enforcement agencies to investigate and prosecute fraud related to the COVID-19 pandemic. It focuses on programs created or funded by the Coronavirus Aid, Relief, and Economic Security ACT (CARES Act) and the American Rescue Plan Act (ARPA), and it is designed to find the best way to detect, deter, and punish those who take advantage of federal and state programs during the pandemic. These programs include, but are not limited to, fraud involving the Paycheck Protection Program (PPP), Economic Injury Disaster Loans (EIDL), the Main Street Lending Program, unemployment insurance fraud, and fraud involving pandemic-related supplies.
To date, Task Force efforts have produced the following cases:
Sentencings:
- STEVEN MESROP, 30, of Richmond Hill, Ontario, Canada; MIRNA MAHROUS HABIB, 25, of Mississauga, Ontario, Canada; KARIN TREISTER, 25 of Toronto, Canada; and DIJON CORNELIUS SHEPARD, 28, of Los Angeles, California, were collectively ordered to serve 104 months in federal prison and pay nearly $3.5 million in restitution. Public records reflect the defendants pleaded guilty to conspiracy to commit wire fraud and related crimes for participating in a scheme to fraudulently acquire personal protective equipment and event tickets, which came to the attention of law enforcement in Oklahoma when co-conspirators used stolen credit card information from 52 credit cards to purchase $678,842.03 worth of tickets to Oklahoma State University athletic events. The defendants also targeted U.S.-based businesses selling pandemic related supplies during the COVID-19 pandemic. For more information about this case, visit: https://www.justice.gov/usao-wdok/pr/canadian-man-pleads-guilty-conspiracy-fraudulently-acquire-personal-protective.
- ALFRED SMITH, 37, of Miami, Florida, was sentenced on July 27, 2022, to serve 30 months in federal prison and ordered to pay $246,606.50 in restitution. Public records reflect Smith committed access device fraud using debit cards issued by the Oklahoma Employment Security Commission (OESC), the state workforce agency tasked with administering the unemployment insurance program in Oklahoma. Smith used stolen identities to obtain unemployment insurance benefits from OESC. After OESC issued debit cards containing the unemployment benefits, Smith used the debit cards to withdraw cash from local ATMs. During the COVID-19 pandemic, Congress provided additional funding under the CARES Act and ARPA for unemployment benefits, which made the unemployment insurance program a target for fraudulent schemes.
- ANDRICE SAINVIL, 20, of Margate, Florida, was sentenced on December 29, 2022, to serve 24 months in federal prison and ordered to pay $26,699.80 in restitution. Public records reflect that Sainvil conspired with others to steal the identities of dozens of Oklahomans, use their victims’ names and social security numbers to apply for fraudulent unemployment insurance benefits with OESC, and caused OESC to mail prepaid debit cards containing those fraudulently obtained benefits to addresses accessible to coconspirators. Sainvil then retrieved those prepaid debit cards and used them to withdraw thousands of dollars in cash from ATMs throughout Oklahoma City and elsewhere. For more information about this case, visit: https://www.justice.gov/usao-wdok/pr/florida-man-sentenced-two-years-federal-prison-pandemic-related-fraud.
Guilty Pleas:
- JILL NICOLE FORD, 31, formerly of Edmond, Oklahoma, pleaded guilty on January 20, 2022, to bank fraud and money laundering. According to public records, Ford fraudulently obtained a loan through the Main Street Lending Program for her business Oliver & Olivia Apparel, Inc. In the loan application, Ford falsely represented that she would use the loan proceeds for working capital and payroll only, and that she would not make distributions to herself as the company’s owner. Despite these representations, Ford used a portion of the proceeds to pay for construction on her personal home and to purchase a luxury SUV for her personal use. At sentencing, Ford faces up to 30 years of imprisonment and a fine of up to $1,000,000 for bank fraud. She also faces up to 10 years of imprisonment and a fine of up to $250,000 for money laundering. For more information about this case, visit: https://www.justice.gov/usao-wdok/pr/edmond-woman-pleads-guilty-cares-act-main-street-lending-program-fraud.
- BRIAN FOSTER, 53, of Norman, Oklahoma, pleaded guilty on November 15, 2022, to making a false statement to a financial institution. According to public records, Foster provided false income and tax information to a bank when applying for a $20,833 PPP loan in another person’s name. At sentencing, Foster faces up to 30 years of imprisonment and a fine of up to $1,000,000.
- RANDISHA PARKER, 41, of Oklahoma City, Oklahoma, pleaded guilty on January 5, 2023, to making a false statement to the U.S. Small Business Administration (SBA). According to public records, Parker knowingly made false statements to the SBA when she applied for a $56,000 EIDL loan. At sentencing, Parker faces up to two years of imprisonment and a fine of up to $5,000.
- OCTAVIO SANCHEZ, 49, of Norman, Oklahoma, pleaded guilty on January 18, 2023, to conspiracy and aggravated identity theft. According to public records, Sanchez used the identity of his deceased sister to apply for $3,200 in economic impact payments from the Internal Revenue Service. The CARES Act authorized economic impact payments, also known as stimulus checks, to eligible individuals to address the economic fallout from the COVID-19 pandemic. Additional rounds of economic impact payments were authorized by the COVID-related Tax Relief Act of 2020 and ARPA. At sentencing, Sanchez faces up to five years of imprisonment and up to a $250,000 fine for conspiracy and a mandatory term of imprisonment of 24 months for aggravated identify theft.
Sentencings take place approximately 90 days after a plea of guilty.
Charged:
- NAQUIB U. HATAMI, 50, of Fairfax, Virginia, was charged by information on December 7, 2022, for making a false statement to a financial institution. According to public records, Hatami gave false information to a bank regarding his company’s payroll and number of employees when he applied for a $160,480 PPP loan. If convicted of making a false statement to a financial institution, Hatami faces up to 30 years of imprisonment and a fine of up to $1,000,000.
The public is reminded that charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
These investigations were led by the FBI Oklahoma City Field Office; Special Inspector General for Pandemic Recovery (SIGPR); the Internal Revenue Service–Criminal Investigations; the Treasury Inspector General for Tax Administration; the Federal Reserve Board Office of Inspector General; the U.S. Small Business Administration Office of Inspector General; the United States Secret Service; Homeland Security New York’s El Dorado Task Force, the New York City Police Department, the Irvine (California) Police Department, with assistance from Customs and Border Protection; the Department of Labor Office of Inspector General, the Oklahoma City Police Department; and the Village Police Department.
The prosecutions arising out of these investigations were handled by Assistant U.S. Attorneys Jessica Perry, Bow Bottomly, Will Farrior, Julia Barry, Danielle London, and D.H. Dilbeck, with assistance from Paralegals Karen Hadrava and Melody Harris.
Reference is made to public filings for more information on these cases.
For further information on Department of Justice response to the pandemic, please visit https://www.justice.gov/coronavirus or https://www.justice.gov/usao-wdok/covid-19-fraud-0. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Coon Rapids Felon Charged with Illegal Possession of a FirearmRead the Press Release
ST. PAUL, Minn. – A Coon Rapids man has been charged in a criminal complaint for illegal possession of a firearm, announced U.S. Attorney Andrew M. Luger.
According to court documents, on December 29, 2022, officers with the Coon Rapids Police Department conducted a traffic stop on a vehicle driven by Lewis Edward Byrd III, 45. Byrd, a felon with a prior sexual assault conviction, was arrested for violations related to his status as a predatory offender. After the arrest, officers searched Byrd’s vehicle and found a Smith and Wesson 9mm handgun in a pillowcase behind the driver’s seat. Further investigation revealed that Byrd purchased the firearm from a private seller earlier in December 2022. Law enforcement contacted the seller who confirmed the sale of the firearm and said that Byrd stated he was not a felon.
Because Byrd has prior felony convictions, including first degree criminal sexual conduct, stalking, and false imprisonment, he is prohibited under federal law from possessing firearms or ammunition at any time.
The complaint charges Byrd with one count of possession of a firearm as a felon. On January 26, 2023, Magistrate Judge John F. Docherty ordered Byrd to remain in detention pending further court proceedings.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Coon Rapids Police Department.
Assistant U.S. Attorney Lindsey Middlecamp is prosecuting the case.
A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Conspirators Sentenced in Multimillion-Dollar Reptile Smuggling SchemeRead the Press Release
Today, Ka Yeung Marvin Chan, a Canadian national, was sentenced to a term of 14 months in prison followed by two years of supervised release for his role in a conspiracy to smuggle reptiles from the United States to Asia.
Chan is the last of three defendants sentenced for their roles in this reptile trafficking scheme. According to court documents and information in the public record, Chan and another conspirator, Daisuke Miyauchi, owned and operated businesses overseas and engaged in the sale of reptiles. Both men periodically traveled to the United States to purchase, among other things, ball pythons, blood pythons, common tegus, Argentine tegus and iguanas, which are protected under Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Chan and Miyachi then worked with co-conspirator Chun Ku to smuggle the reptiles out of the country using Ku’s Master File CITES permit and fraudulent export paperwork. CITES regulates trade in endangered or threatened species through permit requirements.
Over a seven-year period, the conspirators collectively engaged in at least 107 separate criminal acts, smuggling to Asia a total of 8,738 CITES II protected animals with a retail market value in excess of $5.13 million. In addition to the CITES II species, the fraudulent shipments contained 61,622 non-CITES animals, many of which were also smuggled.
Chan and his co-conspirators each pleaded guilty to conspiracy to falsely label wildlife being exported from the United States and to smuggle goods and merchandise out of the United States as well as submitting false records and false identification of wildlife intended to be exported.
On Nov. 18, 2022, Ku was sentenced to concurrent terms of one year and one day imprisonment, two years’ supervised release and a $20,000 fine. On Feb. 22, 2022, Miyauchi was sentenced to concurrent terms of 13 months in prison. Each received favorable consideration at sentencing due to their cooperation with authorities during the investigation.
“The defendants abused a system designed to streamline the exportation of captive-bred reptiles for law-abiding breeders. They allowed other business owners to sell and ship reptiles to buyers in Asia without going through the federal agency vetting process,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “These prosecutions reflect law enforcement’s commitment to combat illegal wildlife trafficking.”
“The U.S. Fish and Wildlife Service, Office of Law Enforcement is committed to conduct criminal investigations combating the illegal international reptile trade,” said Assistant Director Ed Grace of the Fish and Wildlife Service Office of Law Enforcement “The Office of Law Enforcement takes violations of the Lacey Act seriously. The three-year long investigation involving the three defendants uncovered at least 107 criminal acts, a combined monetary value of $5,134,000, and involved a conspiracy to violate the Lacey Act, smuggle CITES Appendix II reptiles out of the United States, and create and submit fraudulent documents to the government prior to export. We will continue to work combating wildlife smuggling while striving to maintain the integrity of the legal export process.”
The U.S. Fish and Wildlife Service investigated the case with special thanks to U.S. Fish and Wildlife’s Division of Management Authority.
Assistant U.S. Attorney Thomas Watts-FitzGerald for the Southern District of Florida and Senior Trial Attorney Banumathi Rangarajan of the Environment and Natural Resources Division’s Environmental Crimes Section prosecuted the case.
Co-Owner of Binary Options Company Sentenced to Prison for Tax EvasionRead the Press Release
TOLEDO – Jared Davis, the co-owner of a binary options company headquartered in Sandusky, Ohio, was sentenced to 30 months in prison on Friday, Jan 27. 2023, by U.S. District Judge Jack Zouhary after Davis pleaded guilty to multiple counts of tax evasion.
According to court documents, between 2012 and 2016, Davis and his business partner ran a binary options investment scheme that regularly committed fraud. One of the multiple entities involved was Erie Marketing LLC, which was headquartered in Sandusky, Ohio. The options businesses used various trade names, including OptionMint, OptionKing, and OptionQueen.
A binary option is a concept in which an investor seeks a future payout based on the future price of a given security or commodity. Binary options are sometimes traded on regulated exchanges that match two investors, one who believes the price of the asset will go up and the other who believes it will go down.
Court documents state that Davis and his partner used call centers, including those run by Erie Marketing LLC, to solicit individual investors in the scheme to deposit money, often through credit cards, into foreign bank accounts that they controlled. Court documents state that Davis used this money to pay expenses, which included employee salaries, facility fees, fees to the companies that supplied the trading platforms on which the options businesses operated, and internet marketing services.
As part of the scheme, Davis created several shell companies and used a network of foreign nationals and foreign bank accounts to receive credit card payments. Court documents state that Davis and his partner ultimately controlled this process and would eventually repatriate the money to a local Ohio bank, using it to pay employees and other expenses.
Davis pleaded guilty in April 2022 to tax evasion after he failed to file personal tax returns for tax years 2014, 2015, and 2016. According to court documents, Davis had a substantial additional tax due and owing for each of 2014, 2015, and 2016 as a result of the options scheme and made numerous attempts to avoid the payment of taxes.
Judge Zouhary also sentenced Erie Marketing, LLC, to serve three years’ probation and to pay a fine of $4.4 million and restitution to all identified victims (a total the United States expects to be approximately $650,000). Further, Judge Zouhary sentenced Davis to 30 months in prison, a fine of $300,000, restitution to the IRS, three years of supervised release, and to be jointly and severally liable for the debts of Erie Marketing, LLC.
The exact restitution will be determined at a later date, but the United States expects that all known victims will be fully repaid from funds already collected.
This case was investigated by IRS Criminal Investigation (CI) and the Cleveland FBI. This case was prosecuted by Assistant U.S. Attorneys Segev Phillips, Brian McDonough, and Gene Crawford, with guidance from Assistant U.S. Attorney Suzana Koch of the Financial Litigation Program and Victim Witness Specialists Allison Kretz and Gail Hollis.
Chicago Illinois Man Sentenced to 30 Months in Prison for Conspiracy to Commit Wire FraudRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Britan Douglas Groom, 66, of Chicago, Illinois, has been sentenced to 30 months in prison for his role in a conspiracy to commit wire fraud causing losses to the Grand Traverse Band of Ottawa and Chippewa Indians of over $1.1 million. U.S. District Judge Robert J. Jonker also ordered Groom to spend 3 years on supervised release, to pay restitution of $1,124,292.68, and to forfeit $302,052.00, representing proceeds he personally received from his fraud.
“This fraudulent scheme hurt every member of the Grand Traverse Band of Ottawa and Chippewa Indians,” said U.S. Attorney Mark Totten. “Instead of using the funds for the benefit of all tribal members, Groom and his co-defendant lied to the tribe and used the money for their personal benefit. My office is committed to holding fraudsters fully accountable for their crimes.”
Groom pleaded guilty to conspiracy to commit wire fraud. From December 2015 to December 2016, Groom’s codefendant and friend, Chester Randall Dunican, served as the CEO of GTB LLC, a tribal entity focused on the development of economic opportunities for the benefit of all members of the Tribe. Dunican represented to the Tribe that he obtained exclusive distributorship rights with a proprietary water filtration company, R.O. Distributors, and that the Tribe would benefit by investing in R.O. Distributors and leasing water coolers that utilized this proprietary technology to various businesses in Michigan and Florida. In reality, R.O. Distributors was a shell company created and controlled by Dunican and Groom.
The Tribe invested nearly a million dollars in R.O. Distributors. Dunican directed other individuals to send most of the Tribe’s investment to another shell company, Evergreen Distributors LLC, before that entity transferred over $700,000.00 of the proceeds to the personal bank accounts of Groom and Dunican. Dunican then told the Tribe that he expected the business to grow and needed additional funding to continue acquiring inventory. When the Tribe resisted, Dunican told the Tribe that a company named High Sierra Distributors, LLC, acquired R.O. Distributors and that High Sierra was a multi-billion-dollar business that could expand the water filtration business nationwide. Dunican asked Groom to recruit someone to pretend to be a corporate representative of High Sierra at a meeting with the Tribe to pitch the additional $2 million in funding. Groom recruited a friend from Illinois who did attend the meeting pretending to be a corporate official of High Sierra. Shortly after the meeting, and before any additional funds were distributed, the Tribe discovered that this individual was actually a schoolteacher from Illinois, uncovered the fraud scheme, and fired Dunican.
“This defendant knowingly defrauded and stole money from people who trusted him to act in their best interest,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “His behavior – and the behavior of his co-defendant – is a betrayal of the entire Grand Traverse Band of Ottawa and Chippewa Indians. The FBI will continue to investigate these types of fraud and hold criminals who commit them accountable.”
A sentencing hearing for co-defendant Chester Randall Dunican is scheduled at the federal courthouse in Grand Rapids, Michigan on February 14, 2023, at 4 p.m., before United States District Judge Robert J. Jonker.
The case was investigated by the Federal Bureau of Investigation, Detroit Division, Lansing, and Traverse City offices. The FBI was assisted by the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Police Department and the IRS Criminal Investigation. Assistant United States Attorney Ronald M. Stella prosecuted the case.
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Canton Man Pleads Guilty to Online Fraud ConspiracyRead the Press Release
BOSTON – A Canton man pleaded guilty on Jan. 27, 2023 in federal court in Boston to wire fraud and bank fraud conspiracy involving romance scams targeting individuals in the United States.
Mark Arome Okuo, 43, pleaded guilty to one count of conspiracy to commit wire fraud and bank fraud. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for March 29, 2023. Okuo was arrested and charged by criminal complaint in March 2021 and subsequently indicted by a federal grand jury in October 2021. He has been detained since his arrest.
Okuo participated in a conspiracy involving romance scams and other online frauds designed to deceive victims into sending money to accounts he controlled. Criminals perpetrating romance scams create fictitious profiles on online dating or social media websites, gain the trust of potential victims and then direct those victims to transfer money under false pretenses. To further the conspiracy, Okuo used fake passports in the names of aliases to open bank accounts in and around Boston to receive the proceeds of the romance scams. Okuo then executed large cash withdrawals from those accounts, generally structured in amounts less than $10,000, in an effort to evade detection. As part of the scheme, Okuo used at least four different aliases to open more than a dozen fraudulent bank accounts and receive approximately $1 million in fraud proceeds.
The charge of conspiracy to commit wire fraud and bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release, and a fine of up to $1 million or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England, made the announcement today. Special assistance was provided by the Federal Bureau of Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorney Ian J. Stearns of Rollins’ Securities, Financial & Cyber Fraud Unit is prosecuting the case.
Beloit Man Sentenced to 42 Months for Possessing a Firearm in a School ZoneRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that David Barber, 38, Beloit, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 42 months in prison for possessing a firearm in a school zone. Barber pleaded guilty to this charge on October 12, 2022.
On December 20, 2020, at approximately 2:18 a.m., a Beloit police officer pulled over a silver SUV that Barber was driving for a traffic offense. Barber handed the officer an identification card. The officer noticed a large revolver and open alcohol in the center console and ordered Barber to step out of the vehicle. Barber then drove off fleeing the scene. Officers went to the address listed on Barber’s identification card and located him in his brother’s apartment. In the bathroom cabinet, an officer found a loaded silver Weihrauch .45 Colt revolver. A laboratory analyst found Barber’s DNA on the trigger of the gun. The traffic stop occurred less than 1,000 feet from a school.
At the time of the stop Barber was on federal supervision after being released from prison for a heroin trafficking conviction.
At sentencing, Judge Conley noted that Barber had been serving time and on supervision for criminal convictions since 2001. Judge Conley said that Barber had a history of violating terms of supervision and had been revoked multiple times, and the sentence in this case was designed to hold him accountable and protect the community. Judge Conley sentenced Barber to six months of incarceration on the federal revocation to run consecutive to the 42 months in prison for the gun offense and ordered the gun and the ammunition forfeited. Barber was also ordered to complete an additional two years of supervised release.
The charge against Barber was the result of an investigation conducted by Beloit Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
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.
Bellevue Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
United States Attorney Steven Russell announced that Carlos O. Lopez, 29, of Bellevue, Nebraska, was sentenced today in federal court in Omaha for distributing Alprazolam pills and possessing a firearm during a drug trafficking crime. United States District Judge Brian C. Buescher sentenced Lopez to 3 months’ imprisonment on the distribution count and 60 months for the firearms offense, consecutive, for a total sentence of 63 months. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release for each charge, to run concurrently.
On January 15, 2020, during a controlled buy in Bellevue, a confidential informant, equipped with audio and visual recording equipment purchased 50 Alprazolam pills and a Ruger .380 handgun with live ammunition from Lopez. This event was monitored by law enforcement. Alprazolam is a Schedule IV controlled substance, which requires a prescription to possess.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Omaha Police Department.
Bakersfield Man Sentenced to Almost 4 Years in Prison for Unlawfully Possessing FirearmRead the Press Release
FRESNO, Calif. — Katterin McCray, 25, of Bakersfield, was sentenced today to three years and 10 months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Jan. 15, 2022, police officers in Bakersfield attempted to stop a vehicle in which McCray was the passenger for traffic infractions. The vehicle sped off and McCray discarded from the vehicle a Glock, Model 22, 40 caliber handgun with a high-capacity magazine and ammunition near the intersection of Cottonwood Road and Casa Loma Drive in Bakersfield. Because of his criminal record, including a 2017 conviction for being a felon in possession of a firearm and a 2018 conviction for receiving known stolen property, McCray may not lawfully possess firearms or ammunition.
This case was the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bakersfield Police Department. Assistant U.S. Attorney Arin C. Heinz prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the 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.
Arizona Methamphetamine Distributor Sentenced to 14 Years in PrisonRead the Press Release
EAST ST. LOUIS, Ill. – A U.S. District Court judge sentenced Kristin P. Prince, 41, of Mesa, Arizona, to 168 months in prison for distribution of methamphetamine.
He was fined $300 and $200 in special assessments. Following his release from federal prison, Prince must complete five years of supervised release.
According to court documents, the offenses occurred in January and February 2021, just months after Prince was released from state prison for convictions of identity theft and felony Aggravated DUI. Prince was still being supervised by the State of Arizona when he was caught distributing large quantities of crystal methamphetamine to the Metro East on multiple occasions through the U.S. Postal Service.
“This sentence demonstrates the severity of consequences for out-of-state individuals who infect our communities with methamphetamines,” said U.S. Attorney Rachelle Aud Crowe. “I applaud the efforts by the Drug Enforcement Administration and the U.S. Postal Inspection Service to disrupt the illegal chain of drug distribution into southern Illinois.”
“Methamphetamine remains the scourge of the Midwest, hurting our communities again and again,” said Assistant Special Agent in Charge Sean Vickers, head of Drug Enforcement Administration operations in southern Illinois. “Prince has proven he’ll take any action to make money off his illegal drug organization. It’s appropriate that federal authorities are matching that behavior with action that will keep this drug dealer behind bars for years.”
A federal grand jury indicted Prince on Dec. 14, 2021, for two counts of distribution of a controlled substance. Prince pled guilty on Aug. 29, 2022.
The DEA and USPIS conducted the investigation, and Assistant U.S. Attorney John Trippi prosecuted the case.
Afton Man Pleads Guilty to Sexually Abusing a Child and Filming the AbuseRead the Press Release
An Afton man pleaded guilty Thursday in federal court for filming himself sexually abusing a young child that he had handcuffed and gagged, announced US Attorney Clint Johnson.
Glenn David Nickols, 40, pleaded guilty to aggravated sexual abuse of a minor under 12 years of age in Indian Country and sexual exploitation of a child.
In March of 2021, the National Center for Missing and Exploited Children (NCMEC) and the Oklahoma State Bureau of Investigation (OSBI) received a CyberTipline report regarding an email account used by Nickols to transmit more than 100 videos and images of child sexual abuse. However, agents noticed that several files were not of previously identified victims of child sexual abuse material. Those images and videos showed multiple instances of a man wearing a hat with the name “Buckster” sexually abusing a child with tape over her mouth and whose arms and legs had been restrained with handcuffs and shackles.
After identifying Nickols and his address, OSBI conducted a search warrant on his home where they seized evidence of the abuse. Agents were also able to identify the young Native American victim and ensure she was safe from any future harm.
Nickols was arrested and interviewed by OSBI agents. During the interview, he identified himself as the adult male seen in the videos, that his nickname was “Buck,” and that he was the owner of the account. He told agents the abuse took place at his home in Afton, within the bounds of the Cherokee Nation.
The OSBI conducted the investigation. Assistant U.S. Attorney Christopher J. Nassar is prosecuting the case.
Addict in Possession of a Firearm SentencedRead the Press Release
United States Attorney Steven Russell announced that Derek J. Barbour, 35, of Malvern, Iowa, was sentenced today in federal court in Omaha, Nebraska, as an addict in possession of a firearm. United States District Court Judge Brian C. Buescher sentenced Barbour to 33 months’ imprisonment. There is no parole in the federal system. After her release from federal prison, she will begin a 3-year term of supervised release.
On March 19, 2022, Omaha police officers were dispatched to the Double Tree Hotel for a call of suspicious activity - that there were two parties in the back parking lot in a vehicle parked by the dumpsters. Officers contacted Barbour who was standing beside her silver GMC Envoy, in the back parking lot parked between a dumpster and a storage container.
When contact was made with the suspect vehicle, co-defendant Zachary Younts was seen digging around in the back seat while Barbour stood outside the vehicle. Officers observed an open bottle of alcohol underneath the driver seat and an unzipped black backpack on the front passenger seat where officers could see what appeared to be a gun holster.
Officers learned Younts had an active warrant out of Sarpy County and took him into custody. A search of Younts revealed a small amount of marijuana and a live round of .22 caliber ammunition. Younts was found to be a convicted felon and therefore prohibited from possessing firearms or ammunition.
Officers searched the vehicle and located twelve (12) firearms and a large amount of ammunition. The firearms and ammunition were later determined to have been stolen in a residential burglary in Iowa.
A search of Barbour’s purse revealed three (3) clear plastic baggies of methamphetamine weighing more than five (5) grams, unknown pills, and a hypodermic needle. Barbour admitted to being a regular user of methamphetamine.
Zachary Younts’s case is pending jury trial in the United States District Court for the District of Nebraska.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Omaha Police Department.
Accountant Ordered to Pay Restitution and Serve Probation for Fraud Scheme Targeting D.C. Property Management CompanyRead the Press Release
Defendant Falsified Documents
WASHINGTON –Ted Blair Williams, Jr., 30, of Longmeadow, Massachusetts, was ordered to pay more than $46,000 in restitution and was sentenced to five years of probation for falsifying the accounting records of a Washington, D.C. property management company, in order to conceal his fraudulent scheme to steal funds from the company. The sentence was announced today by U.S. Attorney Matthew M. Graves and Chief Robert J. Contee III, of the Metropolitan Police Department (MPD).
Williams pleaded guilty in November 2022, in the Superior Court of the District of Columbia, to second degree felony fraud. He was sentenced by the Honorable Sean C. Staples who also ordered 12 months of supervised release.
According to the government’s evidence, Williams made approximately 20 fraudulent transfers from the company to his personal bank account between April and November 2019, totaling more than $65,000. Williams, who was employed by the company as an accountant and responsible for reviewing its accounting information, hid the fraudulent transactions in the company’s ledger by falsely coding the transactions in the records and concealing any accounting discrepancies from the company. The company had been able to recover approximately $19,000 after discovering the fraud but suffered a net financial loss of more than $46,000 because of the scheme.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department’s Financial and Cyber Crimes Unit. They also commended the work of Assistant U.S. Attorneys Brian P. Kelly and Benjamin D. Bleiberg, who investigated and prosecuted the case.
Sunday 29 January 2023
Three Dewey County Men Indicted on Firearm OffensesRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted three Dewey County men for Theft of Firearms From a Federal Firearm Licensee, Possession of Stolen Firearms, Burglary and Larceny
Weston Clausen, age 24, Ford Traversie, age 22, and Jalen Ducheneaux, age 23, were indicted in January of 2023. Clausen appeared before Magistrate Judge Mark Moreno on January 18, 2023, and pleaded not guilty to the Indictment. Traversie and Ducheneaux both appeared before Magistrate Judge Moreno on January 25, 2023, and both men pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 13-15, 2022, in Dewey County, in the District of South Dakota, the three men burglarized Reloaders Corner, a Federal Firearms Licensee, and stole multiple firearms, ammunition, and other things of value from the business.
The charges are merely an accusation and Clausen, Traversie, and Ducheneaux are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribal Law Enforcement, Dewey County Sheriff’s Office, Bureau of Indian Affairs, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the FBI. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Clausen and Traversie were released on bond pending trial. Ducheneaux was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Sioux Falls Man Charged with Illegal Possession of FirearmRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for Possession of a Firearm by a Prohibited Person.
Nathaniel Antonio Hernandez, age 22, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 25, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Hernandez knowingly possessing a semi-automatic rifle in Rapid City in November of 2022. Hernandez has multiple prior felony convictions and as a result, cannot legally possess firearms.
The charge is merely an accusation and Hernandez is presumed innocent until and unless proven guilty.
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 investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Hernandez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 4, 2023.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on January 25, 2023.
Richard Peneaux, 29, was sentenced to two years and four months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Peneaux was indicted for Failure to Register as a Sex Offender by a federal grand jury in May of 2022. He pleaded guilty on October 13, 2022.
Peneaux was convicted of Sexual Abuse of a Minor on March 4, 2014. As a result of this conviction, he is required to register as a sex offender and update his registration within three business days of relocation or changing employment or student status. Peneaux last registered in February of 2022, providing an address for the Cornerstone Mission in Rapid City, South Dakota, as his address. On February 14, 2022, contact was made with Cornerstone Mission and Peneaux had not been staying there. Peneaux’s whereabouts were unknown until he was arrested in Sioux Falls on unrelated charges on April 8, 2022.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the U.S. Marshals Service and Rapid City Police Department. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Peneaux was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Indicted for Assaulting a Federal OfficerRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Mission, South Dakota, man for Assaulting, Resisting, and Impeding a Federal Officer.
Dylan Blue Bird, age 29, was indicted in November of 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 19, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 30, 2022, in Todd County, Blue Bird did assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services and that such conduct involved the use of a dangerous weapon, specifically, a vehicle.
The charge is merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 14, 2023.
Saturday 28 January 2023
Readout of U.S. Assistant Attorney General Kenneth A. Polite, Jr.’s Meeting with Colombian Attorney General Francisco Barbosa DelgadoRead the Press Release
On Jan. 25, Criminal Division Assistant Attorney General Kenneth A. Polite, Jr. met in Washington, D.C. with Colombian Attorney General Francisco Barbosa Delgado.
In the meeting, Assistant Attorney General Polite expressed his deep appreciation for the extraordinary law enforcement partnership between the United States and Colombia and thanked Attorney General Barbosa for his leadership in combating transnational organized crime.
“The Department of Justice has enjoyed an exceptional relationship with the Colombian Attorney General’s Office and the thousands of men and women that Attorney General Barbosa leads,” said Assistant Attorney General Polite. “Colombia continues to be an indispensable partner to the United States. Attorney General Barbosa’s steadfast support for the rule of law while honoring bilateral commitments has been the cornerstone of our law enforcement efforts with Colombia.”
Both leaders committed to continue strengthening the close law enforcement relationship between the United States and Colombia, which has led to, among others, the successful investigation and prosecution of drug traffickers, transnational organized crime groups, human smugglers, money launderers, and malicious cyber actors.
U.S. Attorney General Merrick B. Garland dropped by the meeting to personally thank Attorney General Barbosa for the outstanding cooperation between the United States and Colombia.
Friday 27 January 2023
وزارت دادگستری از اتهامات و دستگیری جدید در ارتباط با طرح ترور به کارگردانی ایران خبر دادRead the Press Release
یک دادگاه فدرال در نیویورک امروز اتهامات قتل اجاره ای و پولشویی را علیه سه عضو یک سازمان جنایی اروپای شرقی به دلیل برنامه ریزی ترور یک شهروند آمریکایی که توسط دولت ایران به دلیل صحبت علیه نقض حقوق بشر رژیم هدف قرار گرفته بود، اعلام کرد.
طبق اسناد دادگاه، رفعت امیروف، با نام مستعار فرخالدین میرزایف، ملقب به ریم و رم، ۴۳ ساله، اهل ایران؛ پولاد عمروف، با نام مستعار آراز علی اف، با نام مستعار پولاد قاقا، با نام مستعار هاچی قاقا، ۳۸ ساله، از جمهوری چک و اسلوونی و خالد مهدی اف، ۲۴ ساله، از یونکرز، نیویورک، در یک کیفرخواست جایگزین که امروز در ناحیه جنوبی نیویورک منتشر شد، به پولشویی و قتل اجاره ای متهم شدند. امیروف که مقیم ایران است، در ۲۶ ژانویه وارد ناحیه جنوبی نیویورک شد و امروز با اتهامات وارده نزد قاضی سارا ال. کیو محاکمه خواهد شد. مهدی اف در تاریخ ۲۹ جولای ٬ ٬۲۰۲۲ به اتهامات موجود در یک شکایت جنایی اساسی دستگیر شد و در تاریخ ۳۱ ژانویه٬ ٬۲۰۲۳ در ساعت ۴ بعد از ظهر نزد کالین مک ماهون محترم به اتهامات موجود در کیفرخواست جایگزین محاکمه خواهد شد. عمروف در ۴ ژانویه٬ ٬۲۰۲۳ در جمهوری چک دستگیر شد و ایالات متحده درخواست استرداد او را به اتهامات موجود در کیفرخواست جایگزین خواهد کرد.
” قربانی در این پرونده به دلیل استفاده از حقوقی که هر شهروند آمریکایی از آن برخوردار است، هدف قرار گرفت. قربانی نقض حقوق بشر؛ رفتار تبعیض آمیز با زنان؛ سرکوب مشارکت و بیان دموکراتیک؛ و استفاده از زندان، شکنجه و اعدام خودسرانه، که توسط دولت ایران انجام میشوند را بااطلاع عمومی می رساند “ ٬ مارک برنان گارلند، دادستان کل ایالات متحده گفت. ” وزارت دادگستری تلاشهای یک رژیم استبدادی را برای تضعیف آن حمایتها و حاکمیت قانون که دموکراسی ما بر آن استوار است را تحمل نخواهد کرد. ما تلاش های یک قدرت خارجی برای تهدید، ساکت کردن یا آسیب رساندن به آمریکایی ها را تحمل نخواهیم کرد. ما برای شناسایی کردن، یافتن و به دست عدالت سپاریدن کسانی که امنیت مردم آمریکا را به خطر می اندازند، کوتاهی نخواهیم کرد. “
لیزا او. موناکو، معاون دادستان کل امریکا، گفت: "کیفرخواست امروز یک تهدید خطرناک برای امنیت ملی را آشکار میکند - یک تهدید دوگانه که توسط یک گروه جنایتکار بینالمللی وحشی که از آنچه تصور میکرد پناهگاه امن یک کشور متقلب: ایران، عمل میکنند، ایجاد شده است."
با ادامه ادغام تهدیدات امنیتی ملی و کیفری، وزارت دادگستری از همه ابزارهای خود برای محافظت جدی از آزادی و پاسخگویی به همه کسانی که از خشونت برای تضعیف آن استفاده میکنند، استفاده خواهد کرد.
کریستوفر رای، مدیر افبیآی، گفت: ”کیفرخواستی که امروز اعلام شد نشاندهنده تعهد افبیآی به دنبال کردن حقایق به هر کجا که منجر شود، برای رسیدن به سران توطئههای جنایتکارانه در هر کجا که هستند، و استفاده از دسترسی دوربردمان برای آوردن مسئولین به اینجا برای رویارویی با عدالت در ایالات متحده است. رفتار متهم نشان می دهد که بازیگران ایرانی تا چه حد حاضرند منتقدان را ساکت کنند، حتی اقدام به ترور یک شهروند آمریکایی در خاک آمریکا کنند. ما مصمم هستیم که از حقوق همه آمریکایی ها در برابر نفوذ ظالمانه رژیم های متخاصم محافظت کنیم. “
متیو جی. اولسن، دادیار دادستان کل از بخش امنیت ملی وزارت دادگستری، گفت: ”اتهامات امروز بر تعهد وزارت برای محافظت از آمریکایی ها و ارزش های اساسی ما در برابر همه شکلهای سرکوب و فشار فراملی تأکید می کند. برای بازیگران خارجی، که با این تصور که از دسترس ما دور هستند، نقشه خشونت را در خاک ما میکشند، بدانید، که ما شما را در هر کجا که باشید، تعقیب خواهیم کرد تا زمانی که عدالت را اجرا کنیم. “
دامیان ویلیامز، دادستان ایالات متحده در ناحیه جنوبی نیویورک گفت: ”همانطور که گفته می شود، متهمان اعضای یک گروه جنایتکار سازمان یافته هستند که برای ترور، در همین شهر نیویورک، یک شهروند آمریکایی ایرانیتبار که منتقد استبداد رژیم و نادیده گرفتن آن به حقوق بشر است، استخدام شده اند. این دومین بار در دو سال گذشته است که این دفتر و شریکان ما در افبیآی توطئههایی را که از داخل ایران برای ربودن یا کشتن این قربانی بهخاطر ”جنایت“ استفاده از حق آزادی بیان، تفکر مستقل سیاسی و دفاع از حقوق ستمدیدگان و محرومان در داخل ایران سرچشمه میگیرد، مختل کردهاند. به لطف تلاشهای فوقالعاده دادستانهای حرفهای و ماموران افبیآی که تحقیقات را رهبری میکردند، این توطئه جدید برای ساکت کردن قربانی مختل شده و متهمان در دادگاه آمریکایی با عدالت روبرو خواهند شد. “
به توجه به ادعاهای مندرج در کیفرخواست جایگزین، سایر پرونده های دادگاه و اظهارات بیان شده در جریان دادرسی:
امیروف یکی از رهبران یک سازمان جنایی اروپای شرقی (سازمان) است که در ایران اقامت دارد. عمروف همچنین نقش رهبری در سازمان دارد و در اروپای شرقی اقامت دارد. مهدی اف، یکی از اعضای سازمان، ساکن یونکرز، نیویورک است. این سازمان با ایران ارتباط دارد و خشونت آمیز است و در قتل، آدم ربایی، حمله و اخاذی شرکت می کند و اعضا معمولاً خود را با خالکوبی و سایر نمایش های ستاره های هشت پر معرفی می کنند.
حداقل از جولای ۲۰۲۲، این سازمان موظف به انجام قتل یک شهروند آمریکایی ایرانیتبار (قربانی) بود که قبلاً هدف توطئههای دولت ایران برای هراساندن، آزار و اذیت و ربودن قربانی قرار گرفته بود. قربانی یک روزنامه نگار، نویسنده و فعال حقوق بشر، ساکن بروکلین، نیویورک است که نقض حقوق بشر و سرکوب بیان سیاسی توسط دولت ایران، از جمله در ارتباط با تداوم اعتراضات علیه رژیم در سراسر ایران را به اطلاع عموم رسانده است. در سالهای ۲۰۲۰ و ۲۰۲۱، مقامات اطلاعاتی و داراییهای ایران نقشهای برای ربودن قربانی از داخل ایالات متحده برای تحویل به ایران در تلاش برای خاموش کردن انتقاد قربانی از رژیم داشتند. این توطئه توسط افبیآی مختل و افشا شد و منجر به تشکیل اتهامات توطئه آدم ربایی و اتهامات دیگر فدرال در ناحیه جنوبی نیویورک علیه چندین شرکت کننده در توطئه در ایالات متحده علیه فراهانی و همکاران، ٬۲۱جنایی ٬۴۳۰ گردید.
حدود یک سال پس از ثبت اتهامات فرحانی، سازمان وظیفه ترور قربانی را در خاک ایالات متحده بر عهده گرفت. تقریباً در اواسط جولای ۲۰۲۲، امیروف اطلاعات هدفگیری را - که امیروف از افراد دیگر در ایران دریافت کرده بود - در مورد قربانی و محل سکونت قربانی برای عمروف ارسال کرد. عمروف نیز به نوبه خود اطلاعات هدف گیری را به مهدی اف منتقل کرد تا نظارت بر قربانی و شناسایی محل سکونت قربانی و محله اطراف آن را آغاز کند. مهدی اف عکسها و فیلمهایی از محل اقامت قربانی برای عمروف فرستاد تا با امیروف و طراحان توطئه در ایران به اشتراک بگذارد.
پس از نظارت اولیه مهدی اف از محل سکونت قربانی، امیروف و عمروف قرار گذاشتند که مبلغ ۳۰۰۰۰ دلار نقدی به مهدی اف در شهر نیویورک برای پیشبرد نقشه تحویل دهند. مهدی اف بخشی از این پرداخت نقدی را برای خرید یک تفنگ تهاجمی به سبک AK-47 به همراه دو خشاب مهمات و حداقل ۶۶ گلوله استفاده کرد. مهدی اف در ارتباطات الکترونیکی به خود می بالید که یک ”ماشین جنگی“ برای خود تهیه کرده است.
بین ۲۰ تا ۲۸ جولای٬ ۲۰۲۲، مهدی اف بارها به محله قربانی سفر کرد تا نظارت و شناسایی انجام دهد و گزارشهایی از فعالیتها، عکسها و فیلمهای قربانی را برای توضیح بیشتر به امیروف برای عمروف ارسال کرد. در ۲۴ جولای٬ ۲۰۲۲، مهدی اف پس از رسیدن به اقامتگاه قربانی، به عمروف گزارش داد که مهدی اف ”در صحنه جنایت“ است. عمروف مهدی اف را تشویق کرد: ”تو مردی! “مهدی اف به عمروف توضیح داد که ما از هر دو طرف جلوی آن را گرفتیم، زمانی که او از خانه خارج شود نمایشی خواهد بود. “عمروف این گزارش را برای امیروف ارسال کرد و او در پاسخ گفت:” انشاءالله “.
مهدی اف در آن روز نتوانست ترور را انجام دهد و چند روز بعد برای یافتن فرصتهایی برای انجام مأموریت قتل بازگشت. امیروف، عمروف و مهدی اف راهبردهای مختلفی را برای بیرون کشیدن قربانی طراحی کردند، از جمله تلاش برای درخواست گل از قربانی از باغ قربانی. مهدی اف در ۲۸ جولای ۲۰۲۲ ویدئویی را که از داخل ماشینی که مهدی اف در حال رانندگی بود گرفت و به عمروف فرستاد که تفنگ تهاجمی را به همراه پیام "ما آماده ایم" نشان می داد. قربانی پس از مشاهده فعالیت مشکوک در خارج از محل سکونت، منطقه را ترک کرد و مهدی اف مدت کوتاهی پس از آن از محل خارج شد. پس از اینکه مهدی اف از محل اقامت قربانی دور شد، پس از یک تخلف رانندگی متوقف شد و در بازرسی بعدی خودرو، افسران پلیس تفنگ تهاجمی، ۶۶ گلوله، حدود ۱۱۰۰ دلار پول نقد و یک ماسک اسکی مشکی را پیدا کردند.
امیروف، عمروف و مهدی اف به موارد زیر متهم می شوند: (۱) قتل اجارهای که حداکثر مجازات آن ۱۰ سال زندان است؛ (۲) توطئه برای انجام قتل اجارهای، که حداکثر مجازات آن ۱۰ سال زندان است؛ و (۳) توطئه برای ارتکاب پولشویی که حداکثر مجازات آن ۲۰ سال زندان است. مهدی اف همچنین به داشتن اسلحه گرم با شماره سریال محو شده متهم است که حداکثر پنج سال زندان است.
افبیآی و بخش ضدجاسوسی-سایبری دفتر ساحویی آن در نیویورک، گروه ویژه ضد تهدیدات ایران افبیآی در نیویورک، گروه ویژه ضد جاسوسی افبیآی نیویورک و گروه ویژه و مشترک عملیات تروریستی افبیآی نیویورک در حال بررسی این پرونده هستند، با کمکهای ارزندهای که توسط پلیس شهر نیویورک (NYPD) واداره اطلاعات NYPD، همچنین بخش امنیت ملی و دفتر امور بین الملل وزارت دادگستری ارائه شدهاند.
مایکل دی. لاکارد، جیکوب اچ. گوتویلیگ، و متیو جی. سی. هلمن، دستیاران دادستانی ایالات متحده برای ناحیه جنوبی نیویورک، با کمک های ارزشمندی که توسط دادستان محاکمه کریستوفر ام. ریگالی از بخش ضد جاسوسی و کنترل صادرات بخش امنیت ملی ارائه شده است، این پرونده را تحت تعقیب قرار می دهند
کیفرخواست صرفا یک ادعاست. همه متهمان تا زمانی که مجرمیت آنها فراتر از شک معقول در دادگاه ثابت نشود بی گناه فرض می شوند.
به روز شده در ۲۷ ژانویه٬ ۲۰۲۳
Woman Sentenced to Prison, Man Pleads Guilty After Raleigh County Drug RaidRead the Press Release
BECKLEY, W.Va. – Krystle Elaine Cresce, 34, of Glen Morgan, was sentenced today to seven years and six months in prison, to be followed by three years of supervised release, for aiding and abetting the possession with intent to distribute heroin and methamphetamine. Tyrone Douglas Amar, 46, of Beckley, encountered during the same incident, pleaded guilty to possession with intent to distribute fentanyl and a mixture and substance containing methamphetamine.
According to court documents and statements made in court, on November 8, 2021, law enforcement officers executed a search warrant at a Beckley hotel room where Cresce was staying. During the search, officers found quantities of methamphetamine, fentanyl, heroin, $917, and three firearms: a SCCY, Model CPX-2 9mm semi-automatic pistol; a Springfield Armory, Model 911, 9mm semi-automatic pistol; and a Mossburg, Model 500, 12-gauge shotgun. Cresce admitted that she worked with and assisted Amar in the possession and distribution of the heroin and methamphetamine.
Officers encountered Amar in the hallway near Cresce’s hotel room during the search and took him into custody. Amar admitted that he possessed approximately 59 grams of fentanyl, 45 grams of methamphetamine and more than $2,850 found by officers on his person. Amar further admitted that he intended to distribute the controlled substances.
Amar is scheduled to be sentenced on May 12, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Beckley/Raleigh County Drug and Violent Crime Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Raleigh County Sheriff’s Department, and Beckley City Police Department.
United States District Judge Frank W. Volk presided over the hearings. Assistant United States Attorneys Alex Hamner, Timothy D. Boggess and Andrew D. Isabell prosecuted the cases.
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 Nos. 5:21-cr-265 and 5:23-cr-8.
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Wolf Point woman admits role in kidnapping, assault of girl on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS — A Wolf Point woman accused in the kidnapping and assault of a minor girl on the Fort Peck Indian Reservation admitted on Jan. 26 to her role in the kidnapping, U.S. Attorney Jesse Laslovich said.
Patti Jo Annunciata Mail, 23, pleaded guilty to kidnapping of an individual under 18. Mail faces a mandatory minimum 20 years to a maximum of life imprisonment, a $250,000 fine and not less than five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for June 8. Mail was detained pending further proceedings.
In court documents, the government alleged that on Sept. 15, 2021, a group of individuals lured a 15-year-old girl from her house in Wolf Point and kidnapped her. That evening, after drinking alcohol, Mail accompanied the group of individuals to the victim’s home. The victim was lured out of her home and the situation escalated. The group assaulted the victim in her front yard. When eyewitnesses yelled that they were going to call the police, some in the group kidnapped the victim, forcing her into a vehicle and driving away so that they could continue to assault her. Mail helped to seize, confine and abduct the victim, taking her to a vacant field in Wolf Point, where some in the group beat the victim again.
Co-defendants Lavanchie Patricia Goodbird and Elmarie Amelia Weeks have pleaded guilty to charges in the case and are pending sentencing. Co-defendants Cheri Cruz Granbois, Dylan Troy Jackson and Kaylee Jade Jackson have pleaded not guilty and are pending trial.
Assistant U.S. Attorneys Wendy A. Johnson and Ryan G. Weldon are prosecuting the case, which was investigated by the FBI, Fort Peck Law Enforcement, Roosevelt County Sheriff’s Office and Wolf Point Police Department.
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Waterloo Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that David L. Brinson, 60, of Waterloo, NY, pleaded guilty to possession of a firearm by a convicted felon before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 15 years in prison and a $250,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that on the morning of September 14, 2022, New York State Parole Officers went to Brinson’s residence on Seneca Boulevard in Waterloo to conduct a home visit. During the visit, a parole officer went inside of Brinson’s bedroom and found a .22 caliber rifle. Brinson was previously convicted in 2000, 2006 and 2016 of felony charges and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
Sentencing is scheduled for May 18, 2023, at 3:00 p.m. before Judge Larimer.
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Walgreen Co. Pays $7 Million to Settle Allegations Under the False Claims ActRead the Press Release
KNOXVILLE, Tenn. – Walgreen Co. (Walgreens) has paid $7 million to the United States and the State of Tennessee to resolve allegations that it violated the False Claims Act by submitting claims to TennCare—the Medicaid program for the State of Tennessee—and knowingly retaining overpayments for specialty Hepatitis C medications dispensed to TennCare enrollees who did not meet TennCare’s clinical criteria for coverage and payment.
Walgreens operates retail pharmacies throughout Tennessee. TennCare pays prescription drug benefits for a variety of covered prescription drugs, including drugs prescribed for enrollees with Hepatitis C. Prior to 2019, TennCare required prior authorization based on clinical eligibility criteria related to disease severity and substance use before approving coverage for certain Hepatitis C direct-acting antiviral (DAA) medications. The False Claims Act prohibits a pharmacy from knowingly submitting claims for payment for medications dispensed to patients who do not meet Medicaid coverage and payment requirements, and from knowingly retaining payments that were improperly made in violation of such requirements.
In a complaint filed with the United States District Court in May 2021, the United States and the State of Tennessee alleged that, from October 2014 through December 2016, a former pharmacist and store manager at Walgreens’ specialty pharmacy in Kingsport, Tennessee falsified prior authorization requests and supporting clinical records for 65 TennCare enrollees who failed to meet TennCare prior authorization requirements for the DAAs. The complaint further alleged that Walgreens improperly billed TennCare for DAAs dispensed to the TennCare enrollees based on the falsified requests, and that Walgreens knowingly retained the resulting overpayments after the misconduct of its former store manager came to light.
As part of the settlement, the parties filed a joint stipulation of dismissal with the United States District Court, dismissing the complaint.
U.S. Attorney Francis M. Hamilton III of the Eastern District of Tennessee made the announcement.
Assistant U.S. Attorneys Robert C. McConkey, III and Joseph C. Rodriguez represented the United States. Assistant Attorneys General David Rudolph and Tony Hullender represented the State of Tennessee.
Members of the public are reminded that the claims settled by this agreement are allegations only; there has been no determination of liability, and Walgreens does not admit liability for the allegations.
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United States Reaches Settlement with Commonwealth Clinical Group, Inc. Regarding Compliance with ADARead the Press Release
SCRANTON – The United States Attorney’s Office announced a civil settlement with a Harrisburg mental health service provider to ensure equal access under Title III of the Americans with Disabilities Act (“ADA”).
According to U.S. Attorney Gerard M. Karam, the U.S. Attorney’s Office received a complaint that patients with physical disabilities could not access the entrance of the Commonwealth Clinic Group, Inc. located in Harrisburg, Pennsylvania. The front entrance could only be accessed by stairs. Although Commonwealth Clinical Group had a ramp to access the rear entrance, that ramp was located in a restricted employee parking lot, the main entrance had no signs pointing to the rear entrance, and there was no designated accessible parking space.
Under the terms of the settlement agreement, Commonwealth Clinical Group would remove the barriers to access the building, including redesignating the employee lot as the accessible parking area, allow use of the ramp in the rear to all those entering the building, place signage at the front entrance that provides notice of the rear accessible entrance, and designate and mark a van accessible parking space.
“Businesses must ensure that their entrances to their buildings are accessible to everyone, including those with physical disabilities under the ADA,” said U.S. Attorney Karam. “Providers of mental health and other medical services have a particular responsibility to make sure their patients can enter their facilities without physical barriers. Commonwealth Clinical Group, Inc. has taken steps with this settlement agreement to ensure that access.”
Title III of the ADA prohibits public accommodations, such as mental health providers, from excluding people with disabilities from enjoying goods, services, privileges, facilities, and advantages provided. For more information regarding the Department of Justice’s efforts to combat discrimination, please visit ADA.gov. To learn more about the obligations of public accommodations under federal disability rights statutes, call the Department of Justice’s toll-free ADA information line at 800-514-0301, 800-514-0383 (TTY). Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
The settlement agreement was reached to avoid the costs and burdens of litigation and does not represent an admission of liability by Commonwealth Clinical Group. Assistant U.S. Attorney Michael J. Butler represented the government during the investigation and settlement.
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U.S. Attorney’s Office Collects over $ 30 Million in Criminal and Civil Actions in Fiscal Year 2022Read the Press Release
SCRANTON - U.S. Attorney Gerard M. Karam announced today that the Middle District of Pennsylvania collected $26,268,064.48 in criminal and civil actions in Fiscal Year (FY) 2022. Of this amount, $3,916,063.20 was collected in criminal actions and $22,352,001.28 was collected in civil actions.
Additionally, the Middle District of Pennsylvania worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $2,612,653.43 in criminal and civil cases pursued jointly by these offices.
“The cases we prosecute and litigate don’t always end when a defendant is sentenced or a case is settled,” said United States Attorney Karam. “When someone is defrauded or injured or a defendant steals taxpayer money, it’s our job to get that back. I’m proud to say that over the past year we have returned millions of dollars to crime victims in this district and clawed back millions more in taxpayer dollars. Victims of fraud, of sex trafficking, and other crimes have received much needed compensation for what they lost and for the physical and mental trauma they suffered at the hands of criminal defendants. We take our duty to crime victims and to the taxpayers of this district seriously, and we will continue to work to collect what is owed.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs. The Middle District of Pennsylvania worked to collect $3,916,063.20 from criminal debtors and $22,352,001.28 from civil debtors in FY 2022.
For example:
Om Sri Sai, Inc., a Bartonsville company that owned and operated a Howard Johnson Hotel and was convicted of sex and drug trafficking after a jury trial in 2020, was ordered to pay over $277,000 to victims trafficked through the hotel. Through the efforts of the United States Attorney’s Office, those victims were paid full restitution in 2022.
The USAO collected $500,000 from two defendants, Hope Carbone and Donna Venturini. The defendants imported cigars through D&H Marketing and evaded more than $1.8 million in unpaid excise taxes.
Lobar Inc., a construction company based in Dillsburg, Pennsylvania, paid $400,000 in restitution for Clean Air Act violations.
As part of a civil settlement, KFC Technologies repaid $1,226,436.14 it received through improper billing from the Departments of the Army and Navy.
The USAO collected almost $900,000 from Penn State University as part of a civil settlement related to improper billing to Medicare.
Additionally, the U.S. Attorney’s Office in the Middle District of Pennsylvania, working with partner agencies and divisions, obtained forfeiture judgments amounting to $3,742,379 in criminal and civil asset forfeiture actions in FY 2022, including both physical assets and forfeiture money judgments. Generally, under federal law assets such as currency, real property, and personal property can be forfeited to the government when they constitute proceeds of illegal activity or were used to facilitate crime. Forfeited assets deposited into the Department of Justice Asset Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
For example:
The USAO won a civil forfeiture of $650,160 in drug trafficking proceeds. The cash was hidden in a cereal box in the trunk of a car and was being driven from New York to California by a hired courier.
Another $345,950 in drug trafficking proceeds, also seized from a vehicle making a cross-country trip, was forfeited in 2022. The cash was found in Ziploc baggies with brass knuckles and loaded tasers during a routine car stop.
Om Sri Sai, Inc. was ordered to forfeit $2 million cash in lieu of the company’s hotel property after conviction on sex trafficking and drug trafficking charges. The company’s largest shareholder and general manager were also convicted and sentenced to prison terms. Over $277,000 from the forfeited funds was used to pay restitution to sex trafficking victims.
The government collected a $1.4 million forfeiture money judgment from Daniel and Benjamin Gutman at the time of their sentencing in November 2022. The brothers operated a livestock exporting business in Maryland and South Central Pennsylvania and worked with a veterinarian to falsify certifications and blood sample/vaccination reports for tuberculosis testing for thousands of cattle due to be shipped abroad. As part of their sentence, the brothers were ordered to forfeit $1.4 million in proceeds of their crimes.
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U.S. Attorney Announces Charges and New Arrest in Connection with Assassination Plot Directed from IranRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, Lisa O. Monaco, the Deputy Attorney General of the United States, Christopher A. Wray, the Director of the Federal Bureau of Investigation (“FBI”), Matthew G. Olsen, the Assistant Attorney General for National Security, and Michael J. Driscoll, Assistant Director in Charge of the New York Field Office of the FBI, announced the unsealing of murder-for-hire and money-laundering charges against RAFAT AMIROV, a/k/a “Farkhaddin Mirzoev,” a/k/a “Pᴎᴍ,” a/k/a “Rome,” POLAD OMAROV, a/k/a “Araz Aliyev,” a/k/a “Polad Qaqa,” a/k/a “Haci Qaqa,” and KHALID MEHDIYEV, and firearms offenses against MEHDIYEV. The charges are contained in a Superseding Indictment unsealed today in Manhattan federal court. The case is pending before U.S. District Judge Colleen McMahon. AMIROV was taken into custody in the Southern District of New York on January 26, 2023, and will be arraigned on the charges in the Superseding Indictment by Magistrate Judge Sarah L. Cave today. MEHDIYEV was arrested on July 29, 2022, on charges contained in an underlying criminal complaint and will be arraigned on the charges in the Superseding Indictment before Judge McMahon on January 31, 2023, at 4:00 p.m. OMAROV was arrested in the Czech Republic on January 4, 2023, and the United States will request his extradition on the charges in the Superseding Indictment.
U.S. Attorney Damian Williams said: “As alleged, the defendants are members of an organized crime group hired to assassinate, right here in New York City, a U.S. citizen of Iranian origin who has been critical of the regime’s autocracy and its disregard for human rights. This is the second time in the past two years that this Office and our partners at the FBI have disrupted plots originating from within Iran to kidnap or kill this victim for the ‘crime’ of exercising the right to free speech, to independent political thought, and to advocating for the rights of the oppressed and disenfranchised inside Iran. Thanks to the extraordinary efforts of the career prosecutors and FBI agents who led the investigation, this new plot to silence the victim has been disrupted and the defendants will face justice in an American court.”
Attorney General Merrick B. Garland said: “The Victim in this case was targeted for exercising the rights to which every American citizen is entitled. The Victim publicized the Iranian Government's human rights abuses; discriminatory treatment of women; suppression of democratic participation and expression; and use of arbitrary imprisonment, torture, and execution. The Department of Justice will not tolerate attempts by an authoritarian regime to undermine those protections and the rule of law upon which our democracy is based. We will not tolerate attempts by a foreign power to threaten, silence, or harm Americans. We will stop at nothing to identify, find, and bring to justice those who endanger the safety of the American people.”
Deputy Attorney General Lisa O. Monaco said: “Today’s indictment exposes a dangerous menace to national security – a double threat posed by a vicious transnational crime group operating from what it thought was the safe haven of a rogue nation: Iran. As national security and criminal threats continue to blend, the Department of Justice will use all its tools to zealously protect freedom and hold accountable all those who would use violence to undermine it.”
Director Christopher A. Wray said: “The indictment unsealed today reflects the FBI’s commitment to follow the facts wherever they lead, to work our way up to the leaders of criminal plots wherever they are, and to use our long reach to bring those responsible here to face justice in the United States. The conduct charged shows how far Iranian actors are willing to go to silence critics, even attempting to assassinate a U.S. citizen on American soil. We are determined to safeguard the rights of all Americans from the oppressive reach of hostile regimes.”
Assistant Attorney General Matthew G. Olsen said: “Today’s charges underscore the Department’s commitment to protecting Americans and our fundamental values in the face of all forms of transnational repression. To foreign actors who plot violence on our soil believing they are out of reach, know that we will pursue you, wherever you may be, until we deliver justice.”
FBI Assistant Director Michael J. Driscoll said: “We allege the defendants are members of an organized crime group that was tasked with carrying out the coldblooded murder of an American citizen in our city who has long been a target of the Iranian regime. This plot was an attempt to silence a voice critical of Iranian authoritarianism and human rights atrocities. The FBI, along with our partners in law enforcement, will continue to aggressively pursue individuals tasked by Iran or other hostile foreign governments to perform illegal action inside our borders or against our citizens. The FBI will not tolerate foreign governments attempting to violate our laws and freedom.”
According to the allegations contained in the Superseding Indictment, other court filings, and statements made during court proceedings:[1]
AMIROV is a leader in an Eastern European criminal organization (the “Organization”) who resides in Iran. OMAROV also holds a leadership role in the Organization and resides in Eastern Europe. MEHDIYEV, a member of the Organization, resides in Yonkers, New York. The Organization has ties to Iran and is violent, engaging in murders, kidnappings, assaults, and extortions, and members typically identify themselves with tattoos and other displays of eight-pointed stars.
Since at least July 2022, the Organization was tasked with carrying out the murder of a U.S. citizen of Iranian origin (the “Victim”), who previously has been the target of plots by the Government of Iran to intimidate, harass, and kidnap the Victim. The Victim is a journalist, author, and human rights activist, residing in Brooklyn, New York, who has publicized the Government of Iran’s human rights abuses and suppression of political expression, including in connection with continuing protests against the regime across Iran. As recently as 2020 and 2021, Iranian intelligence officials and assets plotted to kidnap the Victim from within the United States for rendition to Iran in an effort to silence the Victim’s criticism of the regime. That plot was disrupted and exposed by the FBI and led to the filing of federal kidnapping conspiracy and other charges in the Southern District of New York against several participants in the plot in United States v. Farahani, et al., 21 Cr. 430 (RA) (S.D.N.Y.).
About one year after the Farahani charges were filed, the Organization was tasked with carrying out the Victim’s assassination on U.S. soil. Beginning in approximately mid-July 2022, AMIROV sent targeting information – which AMIROV had received from other individuals in Iran – about the Victim and the Victim’s residence to OMAROV. OMAROV, in turn, communicated the targeting information to MEHDIYEV in order to begin conducting surveillance of the Victim and reconnaissance of the Victim’s residence and surrounding neighborhood. MEHDIYEV sent photographs and videos of the Victim’s residence to OMAROV for further sharing with AMIROV and the plot’s orchestrators in Iran.
After MEHDIYEV’s initial surveillance of the Victim’s residence, AMIROV and OMAROV arranged for the delivery of a $30,000 cash payment to MEHDIYEV in New York City in furtherance of the plot. MEHDIYEV used a portion of this cash payment to buy an AK-47-style assault rifle, along with two magazines for ammunition and at least 66 rounds. MEHDIYEV bragged in electronic communications that he had procured for himself a “war machine.”
Between July 20 and 28, 2022, MEHDIYEV repeatedly traveled to the Victim’s neighborhood to conduct surveillance and reconnaissance, sending reports of the Victim’s activities, photographs, and videos to OMAROV for further distribution to AMIROV. On July 24, 2022, after arriving at the Victim’s residence, MEHDIYEV reported to OMAROV that MEHDIYEV was “at the crime scene.” OMAROV encouraged MEHDIYEV, “You are a man!” MEHDIYEV described to OMAROV that “we blocked it from both sides, it will be a show once she steps out of the house.” OMAROV forwarded this report to AMIROV, who responded, “God willing.”
MEHDIYEV was unable to carry out the assassination that day and returned on several subsequent days to seek out opportunities to complete the murder mission. AMIROV, OMAROV, and MEHDIYEV schemed different strategies to attempt to draw the Victim out, including by attempting to ask the Victim for flowers from the Victim’s garden. On July 28, 2022, MEHDIYEV sent OMAROV a video taken from inside the car MEHDIYEV was driving showing the assault rifle, along with the message that “we are ready.” The Victim, after observing suspicious activity outside the residence, left the area, and MEHDIYEV drove away shortly afterwards. After MEHDIYEV drove away from the Victim’s residence, he was stopped after a traffic violation, and during a subsequent search of the car, police officers found the assault rifle, 66 rounds of ammunition, approximately $1,100 in cash, and a black ski mask.
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AMIROV, 43, of Iran, OMAROV, 38, of the Czech Republic and Slovenia, and MEHDIYEV, 24, of Yonkers, New York, have each been charged with: (i) murder-for-hire, which carries a maximum sentence of 10 years in prison; (ii) conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison; and (iii) conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison. MEHDIYEV is also charged with possessing a firearm with an obliterated serial number, which carries a maximum sentence of five years in prison.
The potential maximum sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by Judge McMahon.
Mr. Williams praised the outstanding investigative work of the FBI and its New York Field Office Counterintelligence-Cyber Division, the New York FBI Iran Threat Task Force, the New York FBI Counterintelligence Task Force, and the New York FBI Joint Terrorism Task Force. Mr. Williams also thanked the New York City Police Department (“NYPD”) and the NYPD Intelligence Bureau, as well as the Department of Justice’s National Security Division and the Department of Justice’s Office of International Affairs for their assistance.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Michael D. Lockard, Jacob H. Gutwillig, and Matthew J.C. Hellman are in charge of the prosecution, with assistance from Trial Attorney Christopher M. Rigali of the National Security Division’s Counterintelligence and Export Control Section.
The charges in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Two More Sentenced for “Sweepstakes” Scheme Targeting Elderly VictimsRead the Press Release
AUSTIN, Texas – A Nigerian national residing in Canada and a Dallas woman operating a marketing leads business were sentenced in Austin on Thursday for their roles in a fraudulent “sweepstakes” scheme that sent more than $250 million in counterfeit checks with fraudulent lottery award letters to elderly U.S. victims.
Tony Akinbobola, 52, of Toronto, Ontario, was sentenced to 78 months in prison for conspiracy to commit money laundering. According to court documents, Akinbobola laundered money for the scheme beginning in 2015, receiving fraudulently obtained funds by way of wire transfers and money orders from the U.S., which he would deposit into a Canadian bank account in the name of his business. Investigators have identified at least 300 victims, all over the age of 60, sustaining a total of more than $1 million in actual losses with intended losses of more than $9.5 million. Akinbobola was arrested in Canada on Jan. 20, 2022 and was transferred to federal custody on Feb. 11, 2022, where he has remained since. He pleaded guilty to one count of conspiracy to commit money laundering on Sept. 30, 2022. In addition to spending more than six years in federal prison, Akinbobola was ordered to pay $111,870.25 in restitution.
Donna Lundy, 64, of Dallas, was sentenced to 30 months and ordered to pay $111,870.25 in restitution for wire fraud. Lundy owned and operated a lead broker business near Dallas, through which she purchased people’s names and contact information to sell to customers. Lundy sold and emailed numerous lists containing Personal Identifiable Information (PII) of elderly people to the scheming organization’s leader, Harry Cole, making more than $700,000 from him between 2007 and 2016. She pleaded guilty to the charge in January 2019. Cole was sentenced to nearly 14 years in prison in February 2022. Another co-defendant, Joel Calvin, was sentenced to three years in December 2022.
The scheme ran from 2012 to 2016 and involved purchasing lists of potential elderly victims and their mailing addresses. Organization members based in Toronto, Ontario, Canada sent packages containing fraudulent sweepstakes information to conspirators residing in the U.S. The packages contained thousands of mailers to be mailed to victims notifying them that they had won a sweepstakes. Each mailer included a fraudulent check issued to the name of the victim, usually in the amount of $8,000, and a pre-addressed envelope.
Victims were instructed to deposit the check into their bank account, then immediately withdraw between $5,000 and $7,000 in cash or money orders and send the money to a “sweepstakes representative” to facilitate the collection of the prize. By the time the bank notified the victim that the deposited check was fraudulent, the victim would have already sent the cash or money order to the defendants or conspirators.
“I applaud the hard work of the investigating agencies in bringing these defendants to justice—and thank Canadian authorities and the Justice Department's Office of International Affairs for their help in the extradition of Akinbobola,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “This case demonstrates my office's commitment to hold all those responsible for defrauding our senior citizens. Whether supplying the personal information and addresses of elderly citizens or assisting the scam by laundering funds in Canada, our office will pursue all of those that enable these vicious scams to steal from our seniors.”
“This sentence reaffirms HSI’s commitment to working with global law enforcement partners to disrupt transnational financial fraud syndicates,” said Acting Special Agent in Charge Craig Larrabee of the Homeland Security Investigations (HSI) San Antonio Division. “HSI is uniquely positioned to combat criminal organizations that exploit the U.S. financial networks by utilizing our expansive criminal and administrative authorities.”
“Tony Akinbobola and his co-conspirators devised a scheme that targeted and took advantage of one of our country’s most vulnerable populations, senior citizens,” said Inspector in Charge Scott Fix of the U.S. Postal Inspection Service Houston Division. “The USPIS remains resolute in our mission to bring to justice those who fraudulently use the U.S. Mail in the furtherance of their deceptive schemes. Postal Inspectors will continue to work tirelessly with our law enforcement partners, including HSI and IRS-CI, to ensure these individuals are held accountable.”
“Lundy and Akinbobola were part of a criminal enterprise that operated both within and outside the U.S. while preying on innocent victims located here. Now the two will pay for their crimes serving time in a U.S. prison,” said Special Agent in Charge Ramsey E. Covington of IRS Criminal Investigation’s (IRS-CI) Houston Field Office. “This investigation shows our special agents will continue to fight for justice to be served for victims of fraud and other financial crimes, and the criminals who orchestrate such crimes, even internationally, are not out of our reach.”
HSI, the USPIS and IRS-CI investigated the case.
Assistant U.S. Attorneys Michael Galdo and Keith Henneke prosecuted the case. Attorneys with the Justice Department’s Office of International Affairs assisted with extraditions from Canada.
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Two Dale County Residents Sentenced for Sexually Exploiting a ChildRead the Press Release
Montgomery, Alabama – On January 25, 2023, John Hason Bright, 52, was sentenced to 40 years in prison for the sexual exploitation of a child and receipt of child pornography. Previously, on December 4, 2022, co-defendant Tiffany Diane Hughes, 34, received a 20-year sentence for the sexual exploitation of a child. Bright and Hughes are both residents of Ozark, Alabama.
In addition to their lengthy prison sentences, the judge ordered Bright and Hughes to serve five years on supervised release. Bright and Hughes are also required to register as a sex offender. There is no parole in the federal system.
In making the announcement, United States Attorney Sandra J. Stewart noted that the substantial sentences ordered in this case reflect the seriousness of the crimes Bright and Hughes committed against a child. U.S. Attorney Stewart also expresses her gratitude to each of the numerous law enforcement agents and investigators involved in bringing them both to justice.
This case was investigated by the Dale County Sheriff’s Office and the FBI. Assistant United States Attorney J. Patrick Lamb prosecuted the case.
Three Men Convicted of Violent Kidnapping and Shooting Stemming from Cape Cod Heroin ConspiracyRead the Press Release
BOSTON – Three men have been convicted in federal court in Boston for their roles in a violent kidnapping tied to a drug trafficking organization (DTO) that distributed heroin throughout the Cape Cod and Pawtucket, R.I., regions.
Anthony Basilici, 39, of Pawtucket, R.I., was convicted yesterday following a five-day jury trial of conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin; possession and discharge of a firearm in connection with a drug trafficking crime; kidnapping conspiracy; witness intimidation; and witness retaliation conspiracy.
On Jan. 18, 2023, shortly before trial commenced, Basilici’s two co-defendants, Edwin Otero, 33, of Hyannis, and Justin Joseph, 35, of Pawtucket, R.I., each pleaded guilty to conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin; possession of a firearm in connection with a drug trafficking crime; kidnapping conspiracy; and witness retaliation conspiracy. Otero also pleaded guilty to being a felon in possession of a firearm and witness intimidation.
U.S. District Court Judge Allison D. Burroughs scheduled Basilici’s sentencing for April 26, 2023 and sentencing for both Otero and Joseph for April 27, 2023.
“For years, members of Edwin Otero’s drug crew plagued the Cape Cod and Pawtucket communities with their heroin operation and the serious, violent crimes it fueled. These defendants actively participated in a violent scheme to kidnap, beat and terrorize a victim who they incorrectly believed was working with law enforcement,” said United States Attorney Rachael S. Rollins. “This case is a prime example of how drug trafficking activities drive violence in our neighborhoods. Law-abiding residents in our Commonwealth have a right to live their lives without from fear or intimidation by violent gangs. Thanks to the exceptional work by our investigative partners and prosecution team, this violent criminal enterprise has been brought to its knees – bringing peace and safety back to the Cape Cod and Pawtucket neighborhoods it once terrorized.”
“DEA is committed to investigating and dismantling Drug Trafficking Organizations who are responsible for distributing lethal drugs like heroin,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “This conviction not only holds these three men accountable for their crimes but serves as a warning to those traffickers who are fueling the opioid epidemic with deadly drugs in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic and the violent acts that often accompany it by working with our local, county, state and federal partners to bring to justice anyone who distributes this poison.”
In 2018, law enforcement began investigating a Cape Cod-wide DTO led by Otero. The investigation revealed Otero, Joseph, Basilici and their other co-defendants distributed large quantities of heroin throughout Cape Cod, including in Hyannis, Mashpee, Centerville, Osterville and in Pawtucket, R.I. As part of the conspiracy, Otero, Joseph and Basilici committed a May 2019 shooting related to a drug debt owed by a drug customer. Additionally, in April 2019, Otero, Joseph, and Basilici lured a victim from Massachusetts to Rhode Island where they kidnapped and held him, stripped him naked, assaulted him and threatened to rape him. Otero, Joseph, Basilici and other co-conspirators discussed causing physical injury to the victim to retaliate against him because they believed he was cooperating with law enforcement. Otero and Basilici also further intimidated or attempted to intimidate other witnesses after the kidnapping.
Otero, Joseph and Basilici were initially charged along with eight others in May 2019 on the drug conspiracy charges. In connection with those arrests, heroin, packaging materials, scales, a finger press as well as three firearms and ammunition including a 9 millimeter assault-style weapon were seized from Otero’s grandmother’s residence. In March 2020, Otero, Joseph, Basilici and two others – Cameron Cartier and Albert Lee – were indicted in connection with the violent kidnapping and related charges. Cartier and Lee previously pleaded guilty and are scheduled to be sentenced on Feb. 14, 2023 and Feb. 16, 2023, respectively.
The charge of conspiracy to distribute and possession with intent to distribute 100 grams or more of heroin provides for a sentence of up to 40 years in prison, up to a lifetime of supervised release and a fine of up to $5 million. The charge of possession and discharge of a firearm in connection with a drug trafficking crime provides for a sentence of at least 10 years and up to life in prison on and after any other sentence, up to five years of supervised release and a fine of up to $250,000. The charge of being a felon in possession of a firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of kidnapping conspiracy provides for a sentence of up to life in prison, up to five years of supervised release and a fine of up to $250,000. The charges of witness intimidation and witness retaliation conspiracy provide for a sentence of no greater than 20 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.
U.S. Attorney Rollins, DEA SAC Boyle, Barnstable Police Chief Matthew K. Sonnabend and Barnstable County Sheriff Donna D. Buckley, made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Rollins’ Criminal Division are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Texas Man Arrested in Alaska, Sentenced for Producing Child PornographyRead the Press Release
AUSTIN, Texas – A former Lakeway resident was sentenced in federal court in Austin on Thursday to 15 years in prison with an additional 15 years of supervised release for producing child sexual exploitation material.
According to court documents, Thomas Owen Norvell, 38, persuaded a minor to record a sexually explicit video on his cell phone. Live Oak Police Department launched an investigation and requested the help of the FBI San Antonio Division after a relative of the victim reported awareness of the abuse. Norvell had been living in Fairbanks, Alaska when FBI agents arrested him on Nov. 30, 2021. He was later transferred to Austin, where he remained in custody and awaited sentencing. Norvell pleaded guilty to the charge in October 2022.
“It took a lot of courage for the victim in this case to speak up and for their relative to report the abuse that had taken place,” said U.S. Attorney Jaime Esparza of the Western District of Texas. “I commend our law enforcement partners here in Texas and in Alaska for investigating and arresting this predator, leading to this lengthy sentence.”
“This sentencing sends a message to those who exploit innocent children that we will aggressively pursue you and ensure you are prosecuted to the fullest extent of the law," said Special Agent in Charge Oliver E. Rich Jr. of the FBI San Antonio Division. “I would like to thank the Live Oak Police Department and FBI Anchorage for their assistance and partnership on this case.”
The FBI and LOPD investigated the case.
Assistant U.S. Attorney Keith Henneke prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Tampa Man Found Guilty of Armed Robbery of A Postal CarrierRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg announces that a federal jury has found Omar Rochester Miller, Jr. (23, Tampa) guilty of armed robbery of a postal carrier, theft of postal keys, and brandishing a firearm during the robbery. Miller faces a maximum penalty of 25 years in federal prison for the armed robbery, 10 years for the theft of postal keys, and a minimum mandatory 7 years’ imprisonment for brandishing the firearm. His sentencing hearing is scheduled for May 3, 2023.
Miller, along with Christopher Diaz, a.k.a., Chico, were indicted on December 7, 2021. Diaz pleaded guilty on January 10, 2023, to armed robbery of a postal carrier and theft of postal keys. His sentencing is scheduled for April 3, 2023. Edwin Betancourt Vega was also charged for his role in the robbery and pleaded guilty to armed robbery of a postal carrier and theft of postal keys. His sentencing is scheduled for February 3, 2023.
According to evidence presented at trial, Miller robbed a postal carrier at gunpoint while she was delivering mail to an apartment complex. Miller approached the postal carrier from behind, pointed a firearm at her, threatened to shoot her, and demanded her postal keys. After Miller successfully stole the postal keys, he pushed the carrier to the ground and ran to a waiting getaway car driven by Betancourt Vega. This robbery was organized through phone calls and text messages between Betancourt Vega and Diaz, to coordinate the robbery and sale of the postal keys in exchange for cash. During the investigation, law enforcement recovered the postal keys, as well as proceeds from the sale of the key from both Miller and Betancourt Vega, along with the firearm used in the robbery, which contained Miller’s DNA.
This case was investigated by the U.S. Postal Inspection Service and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Ilyssa M. Spergel and Stacie B. Harris.
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.
Tacoma woman sentenced to prison for long-time fraud scheme victimizing friends and acquaintancesRead the Press Release
Seattle – A 41-year-old Tacoma woman was sentenced today in U.S. District Court in Seattle to 27 months in prison for wire fraud for a scheme to defraud various friends and acquaintances of more than $600,000, announced U.S. Attorney Nick Brown. Sabrina Taylor lied about her health, her employment status, and her education to steal more than $600,000 from people who had offered to help her. At today’s sentencing hearing, U.S. District Judge Ricardo S. Martinez emphasized the serious nature of Taylor’s conduct, remarking that for years, Taylor engaged in a sustained and calculated course of conduct that preyed upon her victims’ best emotions. The Court remanded Taylor into custody at the close of the sentencing hearing.
According to records filed in the case, starting in 2013, and continuing into July 2019 and beyond, Taylor convinced various people to provide her with large amounts of money by claiming that she needed to purchase medicine for multiple sclerosis treatment, pay her tuition for the University of Washington, or bail her brother out of jail. In fact, Taylor did not have multiple sclerosis, was not paying tuition to U.W., and did not have a brother in jail. Rather, Taylor used a substantial portion of the defrauded funds to pay for luxuries such as almost $60,000 for multiple trips to Japan and Korea, nearly $38,000 for online purchases from Amazon and Etsy, more than $29,000 for clothing, and nearly $16,000 for make-up.
Taylor also made false claims about how she was planning to repay loans, lying about her employment, a litigation settlement from her bank, and funds she expected to receive from her parents.
Taylor met some of the people she defrauded online, using shared interests such as Japanese anime, comic books, or video games to establish a relationship. Taylor admitted to stealing over $550,000 from one victim.
In their victim impact statements those who were defrauded by Taylor described how they have suffered: One person cancelled plans to move to California; another had to put off buying a home; a third said a family member delayed retirement to help pay back what a victim had borrowed. Some were unable to help others in the community because they had assisted Taylor.
In his sentencing memo the prosecutor noted that Taylor was no novice when it came to fraud. “Taylor carried out an extensive fraud scheme using deceit and deception that preyed upon humankind’s better angels. Several of Taylor’s victims suffered substantial financial hardship—some likely will never be made whole financially. Equally as important, Taylor exploited and betrayed the trust of each of her victims and many of Taylor’s victims will continue to pay an emotional toll for many years to come,” Assistant United States Attorney Joe Silvio wrote in his sentencing memo.
Taylor was ordered to pay $608,975 in restitution to her victims.
The case was investigated by the FBI.
The case is being prosecuted by Assistant United States Attorney Joseph Silvio.
Statement of U.S. Attorney Philip R. SellingerRead the Press Release
NEWARK, N.J. – Philip R. Sellinger, United States Attorney for the District of New Jersey, issued the following statement today:
Like so many around the country, we are deeply disturbed by the circumstances surrounding the tragic death of Tyre Nichols. Shortly after his death, the U.S. Attorney’s Office in the Western District of Tennessee and the Justice Department’s Civil Rights Division opened a criminal civil rights investigation. We express support for our colleagues who are working hand in hand with the FBI and other law enforcement partners. We have no doubt that their investigation will be thorough and methodical, and they will make decisions based on the facts and the law. In addition to the federal investigation, several officers are now facing prosecution for state charges.
We appreciate the significant public interest in this matter. We want to make clear that the U.S. Attorney’s Office respects the right of all people to assemble and protest peacefully. As Tyre Nichols’ family has urged, we urge that any protests remain peaceful and nonviolent.
We will also continue to protect civil rights and work to ensure justice for all in New Jersey. Where law enforcement officers abuse their authority by violating the constitutional rights of our citizens, it undermines all other law enforcement officers who lawfully perform their duties with dignity and respect. The U.S. Attorney’s Office has prioritized civil rights investigations and prosecutions of any public employee who violates this public trust.
Last year, I created a Civil Rights Division at the U.S. Attorney’s Office with the sole focus of enforcing and protecting federal civil rights. Individuals who believe they may have been victims of civil rights violations may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339.
Stamford Man Charged with Robbing 3 Banks in 2020Read the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and Jean Pierre Njock, Acting Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that FRANCESCO PENSIERO, also known as Frank Pensiero, 50, of Stamford, was arrested today on federal criminal complaint charging him with robbing three Connecticut banks in October 2020.
Pensiero appeared today before U.S. Magistrate Judge S. Dave Vatti in Bridgeport and was ordered detained.
As alleged in the complaint, on October 13, 2020, Pensiero and an associate robbed the Chase Bank located at 2855 Main Street in Stratford. During the robbery, Pensiero’s associate displayed a handgun on the teller counter and presented the teller with a note that read “this is a robbery give me all your money.” The teller provided Pensiero’s associate with approximately $1,000 and Pensiero and his associate exited the bank.
It is also alleged that, later on October 13, 2020, Pensiero robbed the People’s United Bank located at 1160 Kings Highway Cutoff in Fairfield. During the robbery, he pulled out a handgun and presented the teller a note that stated “This is a robbery.” The teller provided Pensiero with $5,458 and Pensiero exited the bank.
It is further alleged that, on October 28, 2020, Pensiero and his associate robbed the People’s United Bank located at 95 Main Street in New Canaan. Pensiero displayed a handgun, provided the teller with a note demanding money, verbally threatened to kill the teller and other employees, and ordered the bank employees to lie on the floor. Pensiero and his associate stole $9,130 during the robbery, and fled from the bank in a red Chevrolet Monte Carlo SS. The following day, the car was set on fire on Green Avenue in New Canaan.
The charge of bank robbery carries a maximum term of imprisonment of 20 years.
U.S. Attorney Avery stressed that a criminal complaint is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Pensiero’s associate was charged with, and convicted of, related state offenses stemming from these robberies.
This investigation is being conducted by the Federal Bureau of Investigation and the Stratford, Fairfield and New Canaan Police Departments. The case is being prosecuted by Assistant U.S. Attorneys Daniel E. Cummings and Amanda S. Oakes.
St. Louis Man Sentenced to 16 ¾ Years in Prison on Carjacking, Other ChargesRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Friday sentenced a man who carjacked a Kia in the Central West End neighborhood of St. Louis to 16 years and nine months in prison.
Travon D. Lawrence, now 29, of St. Louis, was caught with a .40 caliber semiautomatic handgun and 59 capsules containing fentanyl after a Sept. 7, 2019 traffic stop. Lawrence, a convicted felon, is barred from possessing a firearm.
On Jan. 8, 2020, Lawrence carjacked a Kia Sportage at gunpoint in the 4300 block of Maryland Avenue. He was spotted by police officers responding to a different call and arrested after fleeing from police in the car and on foot after crashing that car.
Lawrence pleaded guilty in U.S. District Court in St. Louis in August to four felonies: possession with intent to distribute fentanyl, possession of a firearm in furtherance of one or more drug-trafficking crimes, carjacking and brandishing a firearm in furtherance of a crime of violence.
He still faces 35 charges in St. Louis Circuit Court, where he’s accused of a series of armed robberies and other crimes from Nov. 16, 2019 until his arrest in the Kia.
The St. Louis Metropolitan Police Department investigated this case. Assistant U.S. Attorney J. Christian Goeke prosecuted the case.
South Florida Marketer Pleads Guilty to Role in Scheme Involving Purchase and Sale of Millions of Medicare Beneficiary Identification NumbersRead the Press Release
MIAMI – A South Florida man pled guilty in federal court today to conspiring to buy and sell more than 2.6 million Medicare beneficiary identification numbers, along with other personal identifiers.
Charles William McElwee, 36, pled guilty to one count of conspiring to violate the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), Title 42, United States Code, Section 1320a-7b(b)(4). MACRA is a law that makes it illegal to buy, sell, or distribute Medicare beneficiary identification numbers without proper authority. This is one of the first prosecutions brought under MACRA.
As part of his plea, McElwee admitted that he and his co-conspirators used “data mining” and “social engineering techniques” to collect Medicare beneficiary information, which McElwee then advertised and sold online. The trafficked information included beneficiary names, addresses, dates of birth, social security numbers, and Medicare beneficiary identification numbers. According to the charges, some of the illicit transactions involved foreign actors, including sellers in the Philippines.
McElwee’s sentencing hearing is set for April 7, at 1:15 p.m., before U.S. District Judge William P. Dimitrouleas. McElwee faces up to five years in federal prison.
Markenzy Lapointe, U.S. Attorney for the Southern District of Florida; Omar Pérez Aybar, Special Agent in Charge, Health and Human Services, Office of Inspector General (HHS-OIG), Miami Region; and Chad Yarbrough, Acting Special Agent in Charge, FBI Miami announced the guilty plea.
HHS-OIG Miami and FBI Miami are investigating this case. Assistant U.S. Attorney Jon Juenger is prosecuting it. Assistant U.S. Attorney Daren Grove is handling asset forfeiture.
Medicare beneficiaries who believe they have been a victim of medical identity theft can file a complaint with the HHS-OIG hotline by calling 1-800-HHS-TIPS (800-447-8477) or with the Centers for Medicare and Medicaid Services by calling 1-800-MEDICARE (1-800-633-4227).
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 22-cr-60202.
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Slidell Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – OLIVER PIERRE, age 40, a resident of Slidell, Louisiana, pled guilty on January 24, 2023 to one count of possession with intent to distribute a quantity of cocaine base (“crack”), in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C), announced U.S. Attorney Duane A. Evans.
According to filed court documents, in October 2015, agents with the Drug Enforcement Administration learned of the drug trafficking activities of James Bickham, a Houston-based drug trafficker who used PIERRE as a drug courier to deliver drugs from Houston to Slidell, Louisiana. As a part of the investigation, agents intercepted telephone calls between Bickham and a customer discussing the delivery of 7 ½ ounces of crack from Bickham to the customer in Slidell, Louisiana.
Aware of the pending drug transaction, on October 8, 2015, agents established surveillance outside of the customer’s residence in Slidell. Agents also intercepted calls between Bickham, the customer, and PIERRE regarding the delivery of the crack. At approximately 3:40 p.m., the customer exited an apartment and drove to a Quick E-Z in Slidell, La. and parked next to a SUV driven by PIERRE. PIERRE, who was delivering the drugs supplied by Bickham, threw the drugs into the customer’s vehicle. After PIERRE threw the drugs into the customer’s vehicle, the customer and PIERRE left the area in their separate vehicles. Agents attempted to stop the customer but the customer drove away and threw the drugs out of the window. Eventually, agents caught and arrested the customer and retrieved the two bags of drugs . In total, agents recovered 158 grams of crack that PIERRE delivered to the customer.
This case was investigated by the Drug Enforcement Administration and the St. Tammany Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney André Jones.
Serial Bank Robber Charged with Brookline Bank RobberyRead the Press Release
BOSTON – A Boston man has been charged in connection with the September 2022 robbery of a bank in Brookline.
Jerome Lamont Turner, 47, was charged with one-count of bank robbery and will appear in federal court in Boston on Jan. 31, 2023.
According to the charging documents, on Sept. 26, 2022, an individual – later identified as Turner – entered a Brookline Bank branch in Brookline. Once inside the bank, Turner allegedly approached a teller and inquired about opening a new account. Turner was provided a bank pamphlet on the process, and he exited the bank. A few minutes later, it is alleged that Turner reentered the bank, approached the same teller and handed them the pamphlet with the words, “Let me have 17,000 in Large bills no dye pack,” written on it. As the teller was gathering money from the cash drawer, it is alleged that Turner repeatedly motioned for more money before exiting the bank.
A subsequent investigation allegedly identified Turner on the bank’s video surveillance from a previous arrest less than a week earlier and identified his fingerprints on the pamphlet.
It is further alleged that on Sept. 27, 2022, Turner was located wearing the same clothing worn in the Brookline robbery. Following a violent struggle, Turner was taken into custody and allegedly found in possession of over $2,500 in cash.
The charge of bank robbery provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Brookline Acting Chief of Police Jennifer Paster made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Rollins’ Major Crimes Unit 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.
Semmes Man Sentenced to Five Years in Prison for Possessing a Machinegun in Furtherance of Drug TraffickingRead the Press Release
MOBILE, AL – A Semmes man was sentenced to 60 months in prison for possessing a machinegun in furtherance of a drug-trafficking crime.
According to court documents, Jayden Deonte Cassino, 21, was arrested by Mobile police following a high-speed chase of a car in which Cassino was a passenger on June 17, 2021. The pursuit ended on Oak Ridge Court in Mobile, at which time Cassino and other occupants of the car bailed out and ran into a nearby thick wooded area. Officers pursued Cassino and took him into custody. Just before being arrested, Cassino threw down a bag containing a stolen Glock .40 caliber pistol, which was equipped with a machinegun-conversion device, commonly known as a “Glock switch,” and a drum magazine loaded with 25 rounds. Cassino had not registered the machinegun in the National Firearms Registration and Transfer Record, so his possession of the weapon was illegal under federal law. The bag that Cassino discarded also contained 21 grams of cocaine, 16 grams of crack cocaine, 46 grams of marijuana, and a digital scale. Data extracted from Cassino’s cell phone contained hundreds of videos, pictures, and messages depicting his possession of guns, drugs, and cash.
United States District Judge Terry F. Moorer ordered Cassino to serve a five-year term of supervised release upon his release from prison, during which time he will undergo drug testing and treatment. The court did not impose a fine, but Judge Moorer ordered Cassino to pay $100 in special assessments.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobile Police Department investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.
San Diego Man Pleads Guilty to Failing to Appear, Tax Evasion and FraudRead the Press Release
A California man pleaded guilty yesterday, in three separate cases, to failing to appear at his sentencing, attempting to evade the assessment of income tax and wire fraud.
According to court documents and statements made in court, Robin J. McPherson, formerly of San Diego, failed to appear for his sentencing in March 2001 following a December 2000 bench trial convicting him and two co-defendants of conspiring to defraud the IRS and collectively evading over $1 million in income taxes for tax years 1993 and 1994.
While a fugitive, McPherson was indicted for attempting to evade income taxes due on income he received in 1999 and 2000 from individuals who believed they were investing in an internet shopping mall. The defendant cashed checks he received from these individuals, directed the income from this enterprise to a Canadian bank account and did not file income tax returns for those years with the IRS, causing a tax loss of approximately $79,367.
Later, between 2016 and 2020, the defendant, using the name Raymond James, defrauded other individuals of approximately $1.5 million by inducing them to invest in Costa Rican villas that were never built.
In May 2022, McPherson was apprehended in Costa Rica and deported back to the United States.
“Robin McPherson only delayed the inevitable, when he appeared before the Court and entered his guilty plea today to tax evasion and other crimes,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “Tax fugitives should know that they will be found and brought to justice, no matter where they hide or how long it takes.”
“After over 20 years since his original conviction for tax charges, McPherson is now being held accountable and taking responsibility for his crimes,” said Special Agent in Charge Tyler Hatcher of the IRS Criminal Investigation Los Angeles Field Office. “Today’s guilty plea serves as a reminder and warning, those who evade their taxes and try to run will face the consequences. No person is above the law, and no one can evade the consequences indefinitely.”
McPherson is scheduled to be sentenced on April 28, 2023, and faces a maximum penalty of five years in prison for failure to appear, five years in prison for tax evasion and 20 years in prison for wire fraud. The defendant also faces a period of supervised release, restitution, and monetary penalties. 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, U.S. Attorneys Randy S. Grossman for the Southern District of California and Natalie K. Wight for the District of Oregon made the announcement.
IRS-Criminal Investigation and the FBI are investigating the matter.
Trial Attorney Charles A. O’Reilly of the Justice Department’s Tax Division is prosecuting the cases.
Retired New Jersey Doctor Admits to Fabricating Documents and Faking Diagnosis to Avoid TrialRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that William Merlino, 85, of Mays Landing, NJ, entered a plea of guilty before United States District Court Judge Gerald A. McHugh on one count of obstruction of justice, arising from his creation and submission of false and fictitious medical records and doctor’s letters, and causing them to be submitted to the District Court, in an effort to keep him from having to stand trial on separate felony charges.
In August 2021, Merlino was under indictment and awaiting trial on a felony misbranding charge for selling a toxic chemical as a weight-loss drug online. Merlino faked a diagnosis of pancreatic cancer and caused fraudulent submissions to the trial court, by altering a doctor’s letters and altering legitimate medical records. The misbranding trial was postponed for months until the documents were discovered to be falsified. In August, 2022, Merlino was convicted at trial of selling misbranded drugs online, arising from his scheme to sell the toxic industrial chemical DNP as a weight-loss drug which he manufactured in a lab in his home.
Merlino is scheduled to be sentenced on both the obstruction charge and the misbranding trial conviction on March 16, 2023.
"Dr. Merlino submitted fraudulent medical records and letters claiming to have pancreatic cancer in an effort to avoid trial for selling misbranded drugs online," said U.S. Attorney Romero. "Obstructing justice to dodge the judicial process with claims of such a deadly cancer is particularly egregious."
“The distribution of unapproved and dangerous drugs puts consumers’ health at risk,” said Special Agent in Charge George A. Scavdis, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to pursue and bring to justice those who jeopardize the public health.”
The cases were investigated by U.S. Food & Drug Administration Office of Criminal Investigations, U. S. Postal Inspection Service, and Homeland Security Investigations (HSI) Atlantic City under the HSI Newark office and are being prosecuted by Assistant United States Attorney Joan Burnes.
Registered Sex Offender Sentenced for Production and Distribution of Child PornographyRead the Press Release
A Maryland man was sentenced today to 35 years in prison for production and distribution of images and videos depicting the sexual abuse of children.
Justin Michael Peterson, 28, pleaded guilty in the District of Maryland to one count of sexual exploitation of a child and one count of distribution of child pornography on Aug. 30, 2022.
According to court documents, in January 2020, Peterson used Instagram to video chat with a minor victim and entice the minor victim to masturbate and insert objects into the victim’s anus while Peterson masturbated. Peterson used special software to record those chats and distributed the recordings to another minor child with whom Peterson had been exchanging sexually explicit messages on Kik and Snapchat. During his chats with the second minor child, Peterson discussed his interest in traveling to the minor victim’s home to kidnap them.
After his arrest in February 2020, Peterson admitted to law enforcement that he is sexually attracted to children as young as three years old. Peterson’s phone contained hundreds of images depicting the sexual abuse of children, including toddlers and infants. Forensic examination of Peterson’s phone also revealed that he actively participated in several online chat groups dedicated to the sexual exploitation of children and distributing child sexual abuse material. Peterson also posted messages to these groups offering to “rent” one of the minor victims as a “cam slave.”
Peterson was previously convicted in Maryland in 2016 for distributing child pornography and was required to register as a sex offender at the time of his offenses.
In addition to serving 35 years in prison, Peterson was sentenced to 30 years of supervised release years and will be required to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Erek L. Barron for the District of Maryland, and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division made the announcement.
The FBI, the Carroll County Sheriff’s Office, and the Boone, North Carolina, Police Department investigated the case.
Trial Attorney Eduardo Palomo of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney Paul E. Budlow for the District of Maryland prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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.
Raleigh Physician Found Guilty of Using Adulterated and Insanitary Medical Equipment on Patients During Nasal SurgeriesRead the Press Release
RALEIGH, N.C. – After a three-week federal jury trial, and 5 hours of jury deliberation, Anita Louise Jackson, 59, was found guilty on charges of adulterating medical devices for use on patients with intent to defraud and mislead, fabricating medical and healthcare records, paying illegal renumerations, mail fraud, and conspiracy. Jackson was convicted of using re-used devices to perform more than 1400 surgeries for Medicare patients between 2011 and the end of 2017. After the verdict, Jackson was taken into custody pending sentencing.
“This doctor put profit ahead of patients, luring in Medicare patients with free “sinus spas” and risking infection to those patients by reusing the same single-use surgical devices on them again and again,” stated Michael Easley, U.S. Attorney. “If we allow doctors to bilk Medicare to pad their profits by performing unsupported medical procedures— each and every American taxpayer eats the cost. But the harm is most felt by the victim-patients who deserved better, and the elderly Americans on Medicare who are entitled to quality care. Jackson’s blatant disregard for her patients’ health has led to her conviction on multiple federal charges. My office is proud to work with the investigative agencies that helped bring this woman to justice.”
Jackson was an Ear Nose and Throat doctor who operated Greater Carolina Ear, Nose, and Throat (GCENT), with offices in Raleigh, Lumberton and Rockingham. Between 2011 and the end of 2017, Jackson preformed 1,555 balloon sinuplasty surgeries on 919 Medicare beneficiary patients. Balloon sinuplasty is an in-office surgery to treat chronic sinusitis. The FDA has cleared the Entellus XprESS device to be used in the performance of balloon sinuplasty procedures, but only on one patient, during one surgery. After that, the device must to be discarded. But, between 2012 and 2017, Jackson obtained, at most, 36 new Entellus devices, despite being, at times, the top-paid Medicare provider of balloon sinuplasty services in the United States. The evidence showed that Jackson misled and did not inform her patients that they were receiving a procedure with an adulterated device. The evidence also showed, and the defendant admitted on cross-examination, that she had sufficient money to buy every patient a new device -- but chose not to do so.
Jackson billed Medicare more than $46 million dollars for the balloon sinuplasty procedures between 2014 and 2018. She netted more than $4.79 Million from Medicare for these surgeries alone. That amount does not include any sinuplasty surgeries performed on patients with private health care insurance, other than Medicare, and monies received from Medicare prior to that time. The jury ordered forfeiture in the amount of $4,794,039.31 Million.
“The FDA continues in its commitment to aggressively pursue those who deviate from required standards of use for medical devices,” said Special Agent in Charge Justin C. Fielder, FDA Office of Criminal Investigations Miami Field Office. “We will remain vigilant in our efforts to protect consumers from potentially dangerous products.”
Jackson was also convicted on 10 counts of illegally inducing her patients to receive the sinuplasty surgery, by failing to collect the portion of the surgery that the patient was required to pay – the co-pay. Jackson, through her employees, marketed the sinuplasty surgery as a “sinus spa.” In doing so, Jackson induced her patients to come to the office for a “free” sinus spa, induced her patients to receive a treatment they may not need, or may not have agreed to, had the full out-of-pocket cost to the patient been disclosed. In an effort to continue obtaining patients for the procedure, Jackson wrote-off, or otherwise hid, the full cost of the procedure on any bills sent to the patient after their visit to GCENT. The patient portion of the sinuplasty surgery could be as high as $1,500 for Medicare beneficiaries, which the jury found was not disclosed to patients.
Jackson was also convicted of three counts of making false statements relating to health care benefits, two counts aggravated identity theft, and three counts of mail fraud. Between 2017 and 2018, Jackson became the subject of three audits by Medicare contractors. The evidence showed, and the jury found, that the defendant fabricated medical records supplied to auditors in an effort to keep more than $1.7 million that had already been paid to her by Medicare. The jury convicted Jackson of fabricating and modifying medical records to justify the billing of balloon sinuplasty surgeries to Medicare auditors. Two aggravated identity theft counts related to the defendant’s knowing use of forged patient signatures on documents in which patients allegedly declared that they received surgeries from the defendant, and that they needed them. The defendant’s Mail Fraud convictions pertained to her fraudulent use of fake medical records to deceive auditors, and to deceive a fellow physician. The defendant was also convicted for tricking a fellow ENT physician into signing a sworn statement that her medical documentation supported her prior balloon sinuplasty surgeries.
The defendant was convicted of conspiring with her staff to commit device adulteration, to pay illegal remunerations, to make false records, and to commit mail fraud.
"It is disturbing when fraudsters exploit vulnerable Medicare enrollees and defraud federal health care programs for personal gain,” said Special Agent in Charge Tamala E. Miles of U.S. Department of Health and Human Services Office of Inspector General. “Today’s verdict in this case shows that our agency, working with our law enforcement partners, will continue to hold bad actors accountable and protect both Medicare and those served by this program.”
“Dr. Jackson corrupted her integrity and violated patient trust by putting profits ahead of quality care,” said Christopher Dillard, the Special Agent in Charge of the DoD Office of the Inspector General, Defense Criminal Investigative Service (DCIS) Mid-Atlantic Field Office. “DCIS will continue to work with its partners to root out fraud within the Department of Defense's TRICARE program.”
The federal jury convicted Jackson on all 20 counts in the indictment, which included: Count 1 – Device Adulteration 21 U.S.C. § 331(k), 21 U.S.C. § 333(a)(2) and 21 U.S.C. § 35l(a)(2)(A); Counts 2-11 – Illegal Renumerations 42 U. S. C. § 1320a-7b(b)(2)(B) and 18 U. S. C. § 2; Counts 12-14 – Making False Statements Relating to Health Care Benefits 18 U.S.C. § 1035(a)(2); Counts 15-16 – Aggravated Identity Theft 18 U.S.C. § 102A(a)(1); Counts 17-19 – Mail Fraud 18 U.S.C. § 1341; and Count 20 – Conspiracy 18 U.S.C. § 371.
Jackson faces a maximum term of imprisonment of 20 years for Mail Fraud, 10 years for Paying Illegal Remunerations, and 5 years for Conspiracy and Making False Statements, and three years for Adulteration with the intent to defraud or mislead. Aggravated Identity Theft carries a 2-year mandatory prison sentence, consecutive to any other punishment. Jackson also faces fines exceeding $250,000.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after United States Judge James C. Dever III published the verdict. The United States Department of Health and Human Services Office of the Inspector General (HHS-OIG), the United States Food and Drug Administration Office of Criminal Investigations (FDA-OCI), and the Department of Defense Office of Inspector General, Defense Criminal Investigative Service lead the investigation. Assistant U.S. Attorneys William Gilmore and Karen K. Haughton prosecuted the case.
The U.S. Attorney’s Office in the Middle District has a pending civil action against Jackson, in case captioned: United States of America and the State of North Carolina ex rel. Lee M. Mandel, MD, FACS, and Erin Craig v. Anita Louise Jackson, MD and Greater Carolina Ear, Nose & Throat, P.A., No. 17-cv-925 (MDNC).
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-cr-00259-D.