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5 January 2023
Meriden Man Pleads Guilty to Fentanyl Distribution ChargeRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that GERARDO NUNEZ-IRIZARRY, also known as “Indio,” 44, of Meriden, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to possession with intent to distribute 40 grams or more of fentanyl.
According to court documents and statements made in court, between June and August 2021, law enforcement made multiple controlled purchases of fentanyl from Nunez-Irizarry. In November 2021, Nunez-Irizarry agreed to sell a 50-gram quantity of fentanyl. On November 18, 2021, investigators stopped Nunez-Irizarry’s car in Meriden as he drove to an arranged location to complete the transaction and seized approximately 50 grams of fentanyl. He was arrested on state charges at that time.
Nunez-Irizarry was arrested on federal charges on March 24, 2022.
Judge Meyer scheduled sentencing for March 30, at which time Nunez-Irizarry faces a maximum term of imprisonment of 40 years.
Nunez-Irizarry is released on a $100,000 bond pending sentencing.
This matter is being investigated by the DEA’s New Haven Task Force, which includes personnel from the DEA, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, East Haven, West Haven, Meriden, Waterbury, Branford, Ansonia, and Middletown Police Departments as well as from the Connecticut State Police. The investigation has been supported by the Meriden Police Department and the U.S. Postal Inspection Service’s Narcotics and Bulk Cash Trafficking Task Force, which includes members from the U.S. Postal Inspection Service, the U.S. Postal Service – Office of the Inspector General, the Connecticut Army National Guard, and the Hartford, New Britain, Meriden and Town of Groton Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Konstantin Lantsman through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Melrose Man Indicted for Child Pornography OffensesRead the Press Release
BOSTON – A Melrose man has been indicted in connection with possession and receipt of child sexual abuse material (CSAM).
Patrick Baxter, 42, was indicted on one count of possession of child pornography and one count of receipt of child pornography. Baxter will appear in federal court in Boston at a later date. He was previously arrested and charged by criminal complaint in December 2022.
According to the charging documents, Baxter downloaded CSAM from the internet on three occasions in June and July 2021. A computer hard drive seized during a search of Baxter’s residence was allegedly found to contain approximately 427 video files depicting CSAM.
The charge of receipt of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 10 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and the Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Melrose Police Department. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. 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 www.projectsafechildhood.gov/.
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.
McKeesport Man Pleads to Possessing Multiple DrugsRead the Press Release
PITTSBURGH - A resident of McKeesport, Pennsylvania, pleaded guilty in federal court to one count of possession with the intent to distribute fentanyl, heroin and crack cocaine, United States Attorney Cindy K. Chung announced today.
Vincent Chambers, age 42, pleaded guilty to one count before United States District Judge Scott Hardy.
In connection with the guilty plea, the court was advised that Allegheny County Police detective were conducting surveillance in the McKeesport area and encountered Chambers. Chambers fled, but the detectives caught up with Chambers and found in his person quantities of fentanyl, heroin and crack cocaine that Chambers intended to distribute.
Judge Hardy scheduled sentencing for May 12, 2023, at 9:30 am. The law provides for a total sentence of thirty years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police conducted the investigation that led to the prosecution of Chambers.
Massachusetts Man Pleads Guilty to Conspiracy to Steal FirearmsRead the Press Release
CONCORD – Johariel Quezada, 19, of Methuen, pleaded guilty in federal court today to conspiring to steal firearms from federal firearms licensees, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, between August 29, 2021 and October 4, 2021, Quezada conspired with others to steal firearms from three New Hampshire Federal Firearms Licensees. During the course of the conspiracy, more than 40 firearms were stolen from Milford Firearms in Milford, Second Amendment Arms in Windham, and MacPhearson Firearms in Brentwood. Multiple stolen firearms were recovered from Quezada’s residence. Videos recovered from Quezada’s phone showed numerous stolen firearms and admissions of his involvement in the conspiracy.
Quezada is scheduled to be sentenced on April 13, 2023.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Andover Police Department, the Brentwood Police Department, the Haverhill Police Department, the Lawrence Police Department, the Massachusetts State Police, the Rockingham County Sheriff’s Office, the Salem (NH) Police Department, the Somersworth Police Department, the Saugus Police Department, the Wellesley Police Department, and the Windham Police Department. The case is being prosecuted by Assistant U.S. Attorneys Anna Z. Krasinski and John J. Kennedy.
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Married Couple Arrested for Producing Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Federal Criminal Complaint and Arrest Warrants were returned on a Vale, South Dakota, husband and wife charging Production of Child Pornography.
Timothy Scott White, age 42, and Leslie Marie White, age 24, were arrested on the Complaint on December 19, 2022. They appeared before U.S. Magistrate Judge Daneta Wollmann on December 21, 2022, and pleaded not guilty.
If convicted of the charge, the defendants each face a mandatory minimum sentence of 15 years in federal prison, up to a maximum possible penalty of 30 years in federal prison and/or a $250,000 fine, a lifetime term of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Whites were arrested pursuant to an ongoing investigation involving online child pornography production and distribution. The charge relates to the Whites, being the parents of a minor, permitting or encouraging the minor to engage in or assist another person in engaging in sexually explicit conduct, for the purpose of producing a visual depiction of such conduct. The visual depictions of a minor engaged in sexually explicit conduct were then transmitted over the Internet. The conduct is alleged to have occurred between February 1, 2022, and December 19, 2022.
Timothy White was employed by the Spearfish Emergency Ambulance Service and the Piedmont Fire Department.
The charge is merely an accusation and the Whites are presumed innocent unless and until proven guilty.
The investigation is being conducted as part of a joint effort between the South Dakota Division of Criminal Investigation’s Internet Crimes Against Children Task Force, the Federal Bureau of Investigation, and the Butte County Sheriff’s Office. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
The Whites were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 28, 2023.
Marion, Indiana Man Sentenced to 240 Months in PrisonRead the Press Release
FORT WAYNE –David Hueston, 45 years old, of Marion, Indiana, was sentenced by United States District Court Judge Holly A. Brady after pleading guilty to possessing with intent to distribute methamphetamine, carrying a firearm during a drug trafficking crime and being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Hueston was sentenced to 240 months in prison followed by 5 years of supervised release.
According to documents in the case, in February 2021, law enforcement executed a search warrant on a residence where Hueston possessed over 2 pounds of methamphetamine and a firearm. Other items associated with drug distribution were found in the residence in addition to $17,000 cash and amounts of fentanyl, heroin and marijuana. Hueston is a convicted felon and, as such, was prohibited from possessing the firearm.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Grant County Jean (Joint Effort Against Narcotics) Team Drug Task Force which is comprised of Grant County Sheriff’s Department and Marion Police Department. The case was prosecuted by Assistant United States Attorney Brent Ecenbarger.
Marinette Man Arrested for Online Crimes Targeting Children.Read the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that on January 4, 2023, a criminal complaint was issued charging David A. Johnson (age: 36) of Marinette, Wisconsin, with attempted production of child pornography and the transfer of obscene material to a minor in violation of Title 18, United States Code, Sections 2251(a) and 1470.
The attempted production of child pornography charge carries a mandatory minimum sentence of 15 years and up to 30 years of incarceration in federal prison upon conviction. The transfer of obscene material charge carries up to ten years’ imprisonment. A conviction on either charge would require Johnson to register as a sexual offender.
According to the criminal complaint, Johnson engaged in sexual conversations with minors located in Ohio and Florida using various social media applications. Johnson sent digital images of his genitals to the minors and urged the minors to send sexually explicit images of themselves to him. Johnson also engaged with an individual whom he believed to be a minor child located in Wisconsin. That individual was in fact an undercover law enforcement agent investigating Johnson’s online activities.
This case is being investigated by the Green Bay and Milwaukee offices of the Federal Bureau of Investigation (FBI) with the assistance of the Marinette Police Department and the Marinette County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Daniel R. Humble
A criminal complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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Man sentenced to 17 and a half years in prison in New Mexico truck stop fraud caseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Bruce Beckner was sentenced on Jan. 4 to 17 years and six months in prison. A federal jury convicted Beckner, 60, on April 7, 2022, on one count of bank fraud, one count of wire fraud and one count of conspiracy to commit fraud.
Beckner was convicted of major financial crimes in California before relocating to New Mexico, where he assumed the alias “Bill Evans” and orchestrated a new multimillion-dollar fraud scheme involving a truck stop business. Beckner recruited co-defendant Arthur Herlihy, 74, of Santa Fe, New Mexico, in 2007 to join him in developing a business plan and securing financing to renovate a truck stop in Deming, New Mexico.
On July 7, 2009, Beckner and Herlihy obtained a loan for $135,165 from First New Mexico Bank. The stated purpose of the loan was to pay off a prior loan secured by a liquor license, and Beckner and Herlihy pledged the liquor license as collateral for the new loan as part of the transaction. At the time it received the loan from First New Mexico Bank, the truck stop business did not own the liquor license outright, but still owed money to the broker who financed the earlier liquor license transaction, which occurred in December 2008. Herlihy and Beckner falsely represented to the bank that the liquor license would be held free and clear of any liens or lawsuits. Beckner also signed the transaction documents using his alias, “Bill Evans,” and submitted an inaccurate personal financial statement to the bank concealing outstanding restitution debt he owed as the result of his prior criminal conviction. Rather than pay off the license, Beckner and Herlihy used the loan for other expenses and the license remained encumbered to the previous loan. In 2011, the truck stop business defaulted on the loan from First New Mexico Bank.
On Oct. 2, 2009, Beckner and his associates obtained over $16 million in loans for Fuel4Less, LLC, through the New Mexico Finance Authority, including $12 million from Virtual Realty Enterprises and $4 million from U.S. Bank Development Corporation. Beckner signed several documents associated with the loan under the false name “Bill Evans,” representing himself as facilities and operating manager of Fuel4Less. Beckner also submitted a false résumé under the name “Bill Evans” that omitted material information and claimed experience and previous employment he did not have. These loans also went into default in 2011, after which a New Mexico state judge turned the business over to a court-appointed receiver, who filed a bankruptcy petition.
Beckner and others solicited money from various investors purportedly to be used in a “fuel factoring opportunity.” They told investors that this opportunity would involve one component of the enterprise purchasing fuel from outside suppliers that would then be sold back to another component at a higher price, and the profits from the internal sales would be shared by the investors. Instead, there were no internal sales, and the investments, some of which were sent by wire transfers, were used to repay other investors or to cover various operational expenses, including Becker’s salary.
Beckner and his associates sent investors promissory notes and other documents stating their investments were secured by truck stop assets. They did not tell investors that the pre-existing loans made the promissory notes essentially worthless.
Soon after law enforcement confronted him in 2011, Beckner fled the United States and relocated permanently to the island of Roatan in Honduras. Beckner was arrested by the Honduras Transnational Criminal Investigative Unit (TCIU) of Homeland Security Investigations (HSI) on March 7, 2019, at the San Pedro Sula airport in Honduras. At the time of his arrest, Beckner had been residing on Roatan for several years. Honduras approved his extradition on April 11, 2019, and he was transferred into U.S. custody on April 16, 2019.
Upon his release from prison, Beckner will be subject to five years of supervised release.
Herlihy pled guilty in Feb. 2017, to making a false statement to a bank on a loan document, and was sentenced on Aug. 11, 2017, to three years of supervised release.
HSI, IRS Criminal Investigation and the Special Investigations Division of the New Mexico Office of the Attorney General investigated this case. Assistant U.S. Attorneys Sean J. Sullivan and Taylor F. Hartstein are prosecuting the case. The U.S. Department of Justice’s Office of International Affairs, HSI Honduras TCIU, and the HSI ICE Country Attaché in Honduras assisted with the extradition.
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Macy Man Sentenced for Sexual AssaultRead the Press Release
United States Attorney Steven Russell announced that Talis Dale, 23, of Macy, Nebraska, was sentenced today for sexual abuse of a minor. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Dale to 6½ years’ imprisonment. There is no parole in the federal system. After his release from prison, Dale will begin a six-year term of supervised release.
In May of 2022, Dale intentionally touched, not through the clothing, the genitalia of a minor female who was 12 years old. Dale admitted to touching the minor to arouse or gratify the sexual desire of any person. The minor was in her room going to sleep when Dale touched her. The minor had to raise her voice to get Dale to stop. The following morning, the minor reported what happened and law enforcement were notified. Investigation revealed Dale returned later and attempted to commit another sexual act with the minor.
This case was investigated by the Federal Bureau of Investigation.
Long Island Medical Doctor Sentenced to 30 Months in Prison for Medicare Billing Fraud SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Morris Barnard, a gastroenterologist practicing in Great Neck, New York, was sentenced by United States District Judge Gary R. Brown to 30 months in prison for health care fraud. Barnard pleaded guilty to the charge in March 2022. The Court also ordered over $1.4 million in restitution to Medicare.
Breon Peace, United States Attorney for the Eastern District of New York and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI) and Susan A. Frisco , Acting Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), announced the sentence.
“Today, Dr. Barnard learned the consequences for his greed-driven scheme in which he took advantage of patients who are disabled and living in residential group homes by falsely billing Medicare for medical procedures on them that he never actually performed,” stated United States Attorney Peace. “The defendant was not entitled to one penny of the $1.4 million in precious public health care funds that he pocketed and will now have to pay back as part of his sentence.”
“As the defendant learned today, defrauding Medicare does not pay - it has consequences. The FBI is committed to eradicating all fraud and schemes that abuse government-sponsored health care programs,” stated FBI Assistant Director-in-Charge Driscoll.
“Health care professionals who fraudulently bill Medicare for services never actually provided divert taxpayer funding meant to pay for medically necessary services for people enrolled in Medicare,” stated Acting Special Agent in Charge Susan A. Frisco of HHS-OIG. “OIG will continue to work with our law enforcement partners to protect the integrity of federal health care programs.”
From October 2015 through February 2020, the defendant submitted over $3 million in billings to Medicare for colonoscopy and gastroenterological procedures that were not performed. Most of these billings indicated that the services were rendered to disabled beneficiaries, who were living in residential group homes. Medicare reimbursed approximately $1.4 million of these false claims, none of which the defendant was entitled to receive.
The government’s case is being prosecuted by Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor.
The Defendant:
Morris Barnard
Age: 59
Great Neck, New YorkE.D.N.Y. Docket No. 21-018(GRB)
- Lengthy Prison Sentences for Three Nashville Drug Dealers
Las Vegas Man Guilty of Conspiring to Advertise the Distribution of Child Pornography Sentenced to 30 Years in Federal PrisonRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that Alexander D. Pennington, 35, of Las Vegas, Nevada, has been sentenced by United States District Judge S. Maurice Hicks, Jr. to 30 years in prison, followed by a lifetime of supervised release, on child pornography charges. Pennington was also ordered to pay restitution in the amount of $10,000.
Pennington was charged in a superseding indictment in November 2021 with conspiracy to advertise the distribution of child pornography. He pleaded guilty to the charge on August 30, 2022. According to information introduced in court, from on or about May 1, 2021 through July 7, 2021, Pennington was a sub-administrator of private chat groups on the Kik Messenger app and had his own username. These private chat groups were dedicated to the advertisement and distribution of child pornography. As a sub-administrator, Pennington enforced the rules of the private chat groups, one of which required members of the private chat groups to post child pornography or be removed from the groups.
On or about June 1, 2021, Pennington a.k.a. “grimka00” published an advertisement in the private chat group titled “Sneak & Peak” for the purpose of receiving and displaying child pornography. The advertisement consisted of a notice which stated, “Any babies?” along with an image of a nude female baby.
The case was investigated by the Department of Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Jessica D. Cassidy.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Kanawha County Man Pleads Guilty to Child Pornography CrimeRead the Press Release
BLUEFIELD, W.Va. – Christopher Stephen Taylor, 52, of St. Albans, pleaded guilty today to possession of prepubescent child pornography.
According to court documents and statements made in court, on May 19, 2022, Taylor attempted to print images depicting prepubescent child pornography from two compact disks he brought to the self-service photo kiosk of a St. Albans pharmacy. Taylor was unable to obtain the prints and left the store. A pharmacy employee found the child pornography uploaded to the kiosk and contacted law enforcement.
Taylor admitted to possessing 1,769 images and videos of prepubescent child pornography. Many of the children in the images were under the age of 12. Several of the images depict children subjected to sadistic or masochistic conduct. Taylor admitted that one of the images depicts an adult male sexually assaulting a prepubescent girl.
Taylor is scheduled to be sentenced on April 18, 2023, and faces a maximum penalty of 20 years in prison, five years and up to a lifetime of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI), the St. Albans Police Department, and the West Virginia State Police Internet Crimes Against Children (ICAC) Task Force.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Julie M. White is prosecuting the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-181.
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Jet Medical and Related Companies Agree to Pay More Than $700,000 to Resolve Medical Device AllegationsRead the Press Release
WASHINGTON – Pennsylvania-based medical device distributor Jet Medical Inc. (Jet) agreed to pay $200,000 to resolve criminal allegations relating to a migraine headache treatment, and Jet and two related companies agreed to pay another $545,000 in a civil settlement involving the same device.
In a criminal information filed Wednesday in the Southern District of Illinois, the government alleged that, between April 2014 and April 2019, Jet introduced into interstate commerce devices that were misbranded under the Federal Food, Drug and Cosmetic Act (FDCA) because Jet did not obtain approval or clearance from the U.S. Food and Drug Administration (FDA) prior to distributing the devices. Jet’s device, the Allevio SPG Nerve Block Catheter (Allevio), was intended to treat migraine headaches by administering nerve blocks to the sphenopalatine ganglion (SPG), a collection of nerves located deep in the midface of the skull. The information alleges that Jet never sought approval or clearance from FDA to distribute the Allevio for this intended use, nor did Jet conduct an investigational study regarding the Allevio’s safety and effectiveness when used as intended.
The resolution includes a deferred prosecution agreement and criminal penalties totaling $200,000. As part of the deferred prosecution agreement, which must be approved by the court, Jet admitted that it distributed misbranded devices in violation of the FDCA and agreed to implement enhanced compliance measures. The resolution also includes a civil settlement with the federal government under the False Claims Act (FCA) totaling $545,133. Along with Jet, related companies Medical Components Inc. (MedComp) and Martech Medical Products Inc. (Martech) are parties to the civil settlement.
“The FDA approval and clearance process serves an important role in ensuring that devices used to treat patients are safe, effective, and medically appropriate,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will not permit companies to circumvent that process and put profits over patient safety.”
“Medical device companies put vulnerable patients at risk when they fail to follow FDA’s standards and requirements,” said U.S. Attorney Rachelle Aud Crowe for the Southern District of Illinois. “This resolution reflects our commitment to holding companies accountable for violating the integrity of the FDA approval process and placing profits over people.”
“Doctors and their patients rely on FDA oversight to ensure that the medical devices they depend upon are safe and effective for their intended uses. Device manufacturers who circumvent the proper regulatory path in bringing their products to market endanger patients and put the public health at risk,” said Assistant Commissioner for Criminal Investigations Catherine A. Hermsen of the FDA Office of Criminal Investigations. “We will continue to investigate and bring to justice companies that ignore the law and jeopardize the public health.”
“This medical device distributor undermined the integrity of the FDA approval process and disregarded patient safety for personal profit,” said Special Agent in Charge Curt L. Muller of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, we will continue to investigate and hold accountable those who put the health and safety of patients at risk and waste valuable taxpayer dollars.”
The civil settlement resolves a lawsuit filed under the qui tam or whistleblower provision of the False Claims Act in the Southern District of Illinois. That lawsuit alleged that Jet, MedComp, and Martech violated the FCA by causing medical providers to submit false claims to the Medicare Program for procedures using the Allevio. The lawsuit alleged the Allevio was not approved or authorized by the FDA for use in SPG nerve blocks for the treatment of headaches, and that the procedure was not covered by Medicare. The suit alleged that Jet, MedComp, and Martech instructed, coached, and encouraged medical providers to submit improper billing codes to Medicare for reimbursement of services using the Allevio device.
The resolution of this matter illustrates the government’s emphasis on combating health care fraud. The FCA is one of the most powerful tools in this effort. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services at 900-HHS-TIPS (800-447-8477).
Assistant U.S. Attorney Luke Weissler for the Southern District of Illinois and Trial Attorney David Hixson of the Civil Division’s Consumer Protection Branch, with assistance from the FDA’s Office of Chief Counsel, represented the government in the criminal case. Assistant U.S. Attorney Laura Barke for the Southern District of Illinois represented the government in the civil case. The FDA’s Office of Criminal Investigations conducted the investigation.
Except as to conduct admitted in connection with the deferred prosecution agreement, the claims settled by the civil agreement are allegations only and there has been no determination of civil liability.
For more information about the ConsUmer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Illinois, visit https://www.justice.gov/usao-sdil.
Jackson Man Pleads Guilty to Carjacking and Brandishing a Firearm in Relation to a Crime of ViolenceRead the Press Release
Jackson, Miss. – A Jackson man pleaded guilty today to carjacking and brandishing a firearm in relation to a crime of violence, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to court documents, David Demazzio Tyler, 32, carjacked an 81-year-old victim at gunpoint in Clinton, Mississippi on December 2, 2021.
On March 22, 2022, a federal grand jury indicted Tyler for armed carjacking and brandishing a firearm in relation to a crime of violence.
Tyler will be sentenced on April 18, 2023 in U.S. District Court in Jackson. He faces a minimum sentence of seven years in prison and a maximum sentence of life in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Clinton Police Department. It is being prosecuted by Assistant United States Attorney Jessica S. Terrill.
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.
Hombre de Fresno acusado de posesión ilegal de municionesRead the Press Release
FRESNO, Calif. — Un gran jurado federal emitió hoy una acusación de un cargo contra Emmanuelle Padilla, de 26 años, de Fresno, acusándolo de ser un delincuente en posesión de municiones, anunció el fiscal federal Phillip A. Talbert.
Según documentos judiciales, se encontró a Padilla en posesión de municiones el 24 de octubre de 2022. Tiene antecedentes penales por posesión de sustancias controladas mientras estaba armado y por ser un delincuente en posesión de un arma de fuego y tiene prohibido poseer armas de fuego y municiones.
Este caso fue producto de una investigación del Departamento de Policía de Fresno y la Oficina Federal de Investigaciones. El fiscal federal adjunto Arin C. Heinz está procesando el caso.
Si es declarado culpable, Padilla enfrenta una pena legal máxima de 15 años de prisión y una multa de $250,000. Sin embargo, cualquier sentencia se determinaría a discreción del tribunal después de considerar cualquier factor legal aplicable y las Pautas de sentencias federales, que tienen en cuenta una serie de variables. Los cargos son solo acusaciones; el acusado se presume inocente hasta que se pruebe su culpabilidad más allá de una duda razonable.
Este caso es parte del Proyecto Vecindarios Seguros (PSN), un programa que reúne a todos los niveles de las fuerzas del orden y las comunidades a las que sirven para reducir los delitos violentos y la violencia armada, y hacer que nuestros vecindarios sean más seguros para todos. El 26 de mayo de 2021, el Departamento lanzó una estrategia de reducción de delitos violentos que fortalece a PSN con base en estos principios básicos: fomentar la confianza y la legitimidad en nuestras comunidades, apoyar a las organizaciones comunitarias que ayudan a prevenir que ocurra la violencia en primer lugar, establecer las prioridades de aplicación y la medición de los resultados.
Hombre de Bakersfield acusado de posesión de armas de fuego y metanfetaminaRead the Press Release
FRESNO, Calif. — Un gran jurado federal emitió hoy una acusación de dos cargos contra Arturo Márquez, de 45 años, de Bakersfield, acusándolo de posesión de más de 50 gramos de metanfetamina con la intención de distribuir y posesión de tres armas de fuego, dijo el fiscal federal Phillip Anunció A. Talbert.
Según documentos judiciales, después de realizar un registro en la residencia de Márquez en Bakersfield, los oficiales descubrieron trece armas de fuego, grandes cantidades de municiones y aproximadamente 936 gramos de metanfetamina. Márquez tiene condenas por delitos graves por posesión previa de armas de fuego y, por lo tanto, tiene prohibido poseer armas de fuego o municiones.
Este caso fue producto de una investigación realizada por la Oficina del Sheriff del Condado de San Luis Obispo, la Patrulla de Carreteras de California y la Oficina Federal de Investigaciones. El fiscal federal adjunto Arin C. Heinz está procesando el caso.
Si es declarado culpable de posesión con la intención de distribuir metanfetamina, Márquez enfrenta una pena máxima legal de cadena perpetua y una multa de $10 millones. Este cargo también conlleva una sentencia mínima obligatoria de diez años. Si es declarado culpable de ser un delincuente en posesión de un arma de fuego, Márquez enfrenta una pena legal máxima de 15 años de prisión y una multa de $250,000. Sin embargo, cualquier sentencia se determinaría a discreción del tribunal después de considerar cualquier factor legal aplicable y las Pautas de sentencias federales, que tienen en cuenta una serie de variables. Los cargos son solo acusaciones; el acusado se presume inocente hasta que se pruebe su culpabilidad más allá de una duda razonable.
Este caso es parte del Proyecto Vecindarios Seguros (PSN), un programa que reúne a todos los niveles de las fuerzas del orden y las comunidades a las que sirven para reducir los delitos violentos y la violencia armada, y hacer que nuestros vecindarios sean más seguros para todos. El 26 de mayo de 2021, el Departamento lanzó una estrategia de reducción de delitos violentos que fortalece a PSN con base en estos principios básicos: fomentar la confianza y la legitimidad en nuestras comunidades, apoyar a las organizaciones comunitarias que ayudan a prevenir que ocurra la violencia en primer lugar, establecer las prioridades de aplicación y la medición de los resultados.
Holly Springs Man Sentenced to 14 Years in Prison on Child Pornography ChargesRead the Press Release
NEW BERN, N.C. – Wayne Kenneth Dare, 41, of Holly Springs was sentenced yesterday to 14 years in prison followed by 10 years supervised release for receipt of child pornography. Dare pled guilty to the offense.
According to court documents and other information presented in court, detectives with the Cary Police Department conducted a proactive investigation on a peer-to-peer sharing network trying to identify individuals trading and collecting child sexual abuse material. Detectives were able to download child pornography from the computer with an IP address associated with an address in Cary.
The detectives obtained a search warrant for the home associated with the IP address used to distribute child pornography. Dare lived at this address. When officers and agents arrived at the home to execute the search warrant, Dare was present. He agreed to speak to law enforcement and confessed to having received child pornography and continuing to possess it. Dare told law enforcement he had been viewing child pornography since 2009.
A forensic analysis was performed on his digital devices that were seized pursuant to the search warrant. Agents found 1,236 images and 488 videos of child sexual abuse material. Some of the images depicted toddlers and sadistic and masochistic conduct. At least two of the videos Dare possessed were over an hour in length.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after the sentencing was concluded. U.S. District Judge Louise W. Flanagan presided over the sentencing. Homeland Security Investigation, the Cary and Holly Springs Police Departments, and the United States Marshals Service investigated the case and Assistant U.S. Attorneys Charity Wilson and Jacob Pugh prosecuted the case.
A copy of this press release is located on our website. 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-430.
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Heart Butte admits strangling woman on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A Heart Butte man accused strangling a woman in the Browning area on the Blackfeet Indian Reservation admitted to charges today, U.S. Attorney Jesse Laslovich said.
Brandon Thomas Weatherwax, 31, pleaded guilty to strangulation. Weatherwax faces a maximum of 10 years in prison, a $250,000 fine and three 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 May 18. Weatherwax was detained pending further proceedings.
The government alleged in court documents that in October 2022, Weatherwax was at home with the victim, Jane Doe. Weatherwax assaulted Jane Doe for hours, including strangling her until she could no longer breathe. Photographs of Jane Doe after the assault showed bruising on her neck from being strangled.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI and Blackfeet Law Enforcement Services.
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Hardin County Man Guilty of Child Pornography ViolationsRead the Press Release
BEAUMONT, Texas – A Silsbee man has pleaded guilty to federal child pornography violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Michael Joseph Fontenot, 50, pleaded guilty to possession of child pornography today before U.S. District Judge Marcia A. Crone.
According to public information, Fontenot was found in possession of over 600 images of child pornography, including some images depicting a prepubescent minor engaging in sexual activity.
Fontenot faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Rachel Grove.
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Fresno Man Indicted for Illegally Possessing AmmunitionRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Emmanuelle Padilla, 26, of Fresno, charging him with being a felon in possession of ammunition, United States Attorney Phillip A. Talbert announced.
According to court documents, Padilla was found in possession of ammunition on October 24, 2022. He has prior felony convictions for possessing controlled substances while armed and being a felon in possession of a firearm and he is prohibited from possessing firearms and ammunition.
This case was the product of an investigation by the Fresno Police Department and Federal Bureau of Investigation. Assistant United States Attorney Arin C. Heinz is prosecuting the case.
If convicted, Padilla faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty 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.
Fourteen Firearms to be Forfeited as Convicted Felon Admits to Federal Firearm ChargeRead the Press Release
PROVIDENCE, R.I. – A California man who leaped into the Providence River in a bid to evade arrest pled guilty today in federal court in Providence to a charge of being a felon in possession of firearms; fourteen guns will be forfeited and destroyed as a result, announced United States Attorney Zachary A. Cunha.
The firearms were seized from James Darosa, 29, in February 2022, during an East Providence Police Department Special Investigations Unit (SIU) firearms investigation.
According to information presented to the court, members of the SIU established surveillance of a residence from which Darosa was seen exiting, placing a suitcase in the trunk of a vehicle, and entering the vehicle as a passenger. A short time later, East Providence Police initiated a traffic stop of the vehicle for a tinted window violation.
As officers approached the vehicle, Darosa got out of the rear passenger side and jumped off a bridge into the Providence River. With the assistance of Providence Police and Rhode Island State Police, Darosa was located along the shoreline and arrested. The suitcase that Darosa had placed in the trunk of the vehicle was found to contain 14 guns- thirteen handguns and one .22 caliber rifle.
According to court records, at the time of his arrest in February 2020, Darosa was serving a term of federal supervised release, having recently completed a term of incarceration of sixty months imposed in May 2016 in the U.S. District Court for the Eastern District of California on a conviction for distribution of methamphetamine.
Darosa, previously charged by way of indictment, today pleaded guilty in federal court to being a felon in possession of firearms. No plea agreement has been filed in this matter. Upon his conviction, Darosa must forfeit the fourteen firearms seized by East Providence Police.
Darosa is scheduled to be sentenced on April 5, 2023. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Zechariah Chafee.
United States Attorney Cunha thanks the Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance in the investigation of the firearms seized in this matter, as well as the Rhode Island State Police, and the East Providence and Providence Police Departments for their investigation of this case and the apprehension of the defendant.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Former Judge Arrested for Bribery and Obstruction of JusticeRead the Press Release
WASHINGTON – A former local district court judge in Arkansas was arrested today in Little Rock on criminal charges related to his alleged solicitation of sex in exchange for agreeing to take action on a criminal case pending before his court.
According to court documents, Thomas David Carruth, 63, of Clarendon, was an elected judge of the Monroe County district court. In April 2022, Carruth allegedly solicited sex from the girlfriend of a defendant in exchange for expediting that defendant’s trial date. Carruth allegedly lied to FBI agents when questioned about the incident.
Carruth is charged by indictment with three counts of honest services wire fraud, three counts of using a facility in interstate commerce in furtherance of unlawful activity, one count of bribery, one count of making false statements, and one count of obstruction of justice. If convicted, Carruth faces up to 20 years in prison on the top counts.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jonathan D. Ross for the Eastern District of Arkansas, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.
The FBI Little Rock Field Office is investigating the case with the assistance of the Arkansas State Police.
Trial Attorney Lauren Britsch Slater of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney J. William Crow for the Eastern District of Arkansas are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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If you have questions, please call the Office of Public Affairs at 202-514-2007.
Former Judge Arrested for Bribery and Obstruction of JusticeRead the Press Release
A former local district court judge in Arkansas was arrested today in Little Rock on criminal charges related to his alleged solicitation of sex in exchange for agreeing to take action on a criminal case pending before his court.
According to court documents, Thomas David Carruth, 63, of Clarendon, was an elected judge of the Monroe County district court. In April 2022, Carruth allegedly solicited sex from the girlfriend of a defendant in exchange for expediting that defendant’s trial date. Carruth allegedly lied to FBI agents when questioned about the incident.
Carruth is charged by indictment with three counts of honest services wire fraud, three counts of using a facility in interstate commerce in furtherance of unlawful activity, one count of bribery, one count of making false statements, and one count of obstruction of justice. If convicted, Carruth faces up to 20 years in prison on the top counts.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Jonathan D. Ross for the Eastern District of Arkansas, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge James A. Dawson of the FBI Little Rock Field Office made the announcement.
The FBI Little Rock Field Office is investigating the case with the assistance of the Arkansas State Police.
Trial Attorney Lauren Britsch Slater of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney J. William Crow for the Eastern District of Arkansas are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former DSP Trooper Sentenced to Six Months Imprisonment for Civil Rights ViolationRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that former Delaware State Trooper Jamal Merrell, 32, of Newark, was sentenced today to six months in prison for federal civil rights violations. Chief U.S. Magistrate Judge Mary Pat Thynge pronounced the sentence.
According to court documents, Merrell stole various electronic items while on duty from TotalTransLogistics, an international reshipping company in New Castle, under the ruse that he was conducting an active fraud investigation. Merrell then sold the stolen items while in uniform and from his DSP patrol vehicle.
U.S. Attorney Weiss stated, “Mr. Merrell’s crimes are unacceptable. This country was founded on the protection of an individual’s civil rights and liberties. We task our police officers to uphold those rights and liberties. Instead, Merrell chose to routinely disregard his duties as an officer. This sentence serves a warning to police officers who choose to abuse their power.”
“Delaware State Troopers are entrusted to uphold the law and protect the public’s safety while safeguarding morals that are held near and dear to our hearts. In fact, we take an oath to do so. Although we will never be able to fully comprehend Mr. Merrell’s betrayal of trust to both the public and his former colleagues, one thing is certain, the women and men of this agency will continue to serve the citizens of this great state with honor and integrity,” said Delaware State Police Superintendent, Colonel Melissa Zebley.
“Law enforcement officers vow to uphold the rights of our citizens,” said Special Agent in Charge Thomas J. Sobocinski of the FBI's Baltimore field office. “Mr. Merrell’s actions are an egregious violation of public trust. His sentencing shows the FBI is committed to investigating allegations of criminal misconduct, no matter who the subject is or what position they hold in their community.”
The FBI and the Delaware State Police Internal Investigations Unit investigated the case. Assistant U.S. Attorney Kevin P. Pierce prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
Final defendant sentenced in gang-related South Georgia meth-trafficking conspiracyRead the Press Release
SAVANNAH, GA: The final sentence in a major methamphetamine trafficking operation signals the end of a prosecution that saw nearly three dozen defendants sent to prison after pleading guilty.
Kristin Sheppard, a/k/a “Kristin Shine,” a/k/a “K Shine,” 32, of Savannah, was sentenced 111 months in prison followed by five years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute 5 Grams or More of Methamphetamine, said David H. Estes, U.S. Attorney for the Southern District of Georgia.
Prior to Sheppard’s sentencing, Michael Brandon Sharpe, 46, of Pembroke, Ga., was sentenced to 210 months in prison followed by three years of supervised release after previously pleading guilty to Possession with Intent to Distribute 50 Grams or More of Methamphetamine, and Possession of a Firearm by a Convicted Felon, while William Hamilton, a/k/a “Hambone,” 42, of Guyton, Ga., was sentenced to 126 months in prison followed by five years of supervised release after previously pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute 5 Grams or More of Methamphetamine.
There is no parole in the federal system.
“Our law enforcement partners built Operation Stranded Bandit on the foundation of prior investigations dismantling a network of drug traffickers operating inside and outside prisons to bring large quantities of methamphetamine to coastal Georgia,” said U.S. Attorney Estes. “Getting gun-carrying drug traffickers off our streets, particularly those with gang affiliations, is a vital part of protecting our communities from violent crime.”
Sheppard, Sharpe and Hamilton are among 35 defendants indicted in USA v. Baker et. al, dubbed Operation Stranded Bandit. Unsealed in December 2020, the indictment describes an investigation that grew from other major gang-related drug trafficking prosecutions in Operation Vanilla Gorilla and Operation Who’s Laughing Now, and targeted conspiracies to import illegal drugs from Mexico and route them through Atlanta and into the greater Savannah area. The investigations and prosecutions, coordinated under the Organized Crime Drug Enforcement Task Forces (OCDETF), determined that multiple criminal street gangs, including the Ghost Face Gangsters, collaborated from inside and outside prisons using contraband cell phones to arrange drug transportation, delivery and distribution throughout coastal Georgia.
Sheppard and Sharpe admitted to serving as a methamphetamine couriers and dealers, while Hamilton served as an armed bodyguard for other drug couriers. All three defendants have multiple prior felony convictions involving drugs.
Of the 35 defendants indicted in Operation Stranded Bandit, 34 pled guilty and were sentenced to terms of incarceration of up to 292 months in prison, while one defendant’s case was transferred to state court.
“This case brought down a significant methamphetamine distribution network operating in and around Savannah,” said Beau Kolodka, Assistant Special Agent in Charge of the Atlanta Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “The citizens of Savannah are no doubt safer because of this prosecution. I applaud the thorough investigation conducted by our federal, state, and local partners which resulted in 35 convictions and lengthy sentences in this case.”
“DEA’s involvement in dismantling this notoriously violent gang set is a prime example of how federal, state and local law enforcement partnerships work collaboratively to confront, engage and eliminate drug trafficking,” said Robert J. Murphy, Special Agent in Charge of the U.S. Drug Enforcement Administration’s Atlanta Field Division. “Agents left no stone unturned and pursued every investigative lead to ensure these criminals were brought to justice.”
“Illegal drugs and criminal street gangs have no place in Georgia,” said Georgia Bureau of Investigation Director Mike Register. “These defendants were part of a criminal enterprise that has been threatening the safety of communities for years. We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations and criminal street gangs.”
The case was investigated by agencies including the ATF, the DEA, the GBI, and the Savannah-Chatham Counter Narcotics Team, the Jones County Sheriff’s Office, the Bryan County Sheriff’s Office, the Effingham County Sheriff’s Office, and the Richmond Hill Police Department, and prosecuted for the United States by Assistant U.S. Attorneys E. Greg Gilluly Jr. and Jennifer J. Kirkland.
Film Producer Pleads Guilty to Bank RobberyRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Nacoe Ray Brown (54, Baltimore, MD) has pleaded guilty to bank robbery and to violating the terms of his supervised release. Brown faces a maximum penalty of 20 years in federal prison for the bank robbery offense and up to 3 years’ imprisonment for violating the terms of his supervised release. A sentencing date has not yet been set.
According to the plea agreement and other court documents, Brown was previously convicted of robbing three banks in the Baltimore area in 2001. After a federal jury convicted him of the robberies, he was sentenced to 25 years in federal prison. In 2020, Brown was granted an early release from prison. Brown then began serving his term of supervised release under the U.S. Probation Office in Baltimore.
On June 28, 2022, while visiting Florida, Brown robbed the McCoy Federal Credit Union in Belle Isle. Wearing a baseball cap, sunglasses, a surgical style facemask, and plastic gloves, Brown passed a note to the teller threatening that he had a gun and demanding money. He fled the bank with $4,296 in stolen cash. Surveillance cameras captured Brown as he appeared to the teller during the robbery:
A witness watched Brown flee the bank and enter a nearby gas station where he had a change of clothes staged. The witness reported this to the Belle Isle Police Department, who quickly responded and located Brown at a hotel where he was staying. Police recovered the demand note and the stolen cash from Brown’s bag. They also recovered the disguise he had discarded in the restroom of the gas station.
After Brown was arrested, he told authorities that he committed the bank robbery because he was filming a movie in Florida and had run out of money to pay for the production.
This case was investigated by the Federal Bureau of Investigation and the Belle Isle Police Department. It is being prosecuted by Assistant United States Attorney Michael P. Felicetta.
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.
Federal Grand Jury Indicts Louisville Man for Possession of Machine GunRead the Press Release
Louisville, KY – A federal grand jury in Louisville, Kentucky, returned an indictment on December 21, 2022, charging a local man with illegally possessing a machine gun.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge R. Shawn Morrow of the ATF Louisville Field Division made the announcement.
According to the indictment, Cameron Jaimes, 19, of Louisville, Kentucky, was charged with one count of illegal possession of a machine gun. Jaimes possessed or transferred a machine gun, that is a Glock Switch. A Glock Switch device allows a semi-automatic handgun to function as an automatic. A Glock Switch is defined as a machine gun under federal law.
Jaimes made his initial court appearance this week before a U.S. Magistrate Judge in the U.S. District Court for the Western District of Kentucky. If convicted, Jaimes faces a maximum sentence of 10 years in prison. A federal district court judge will determine any sentence after considering the sentencing guidelines and other statutory factors. There is no parole in the federal system.
This case is being investigated by the ATF with assistance from the Louisville Metro Department of Corrections.
Assistant U.S. Attorney Josh Porter is prosecuting 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.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Ex-Signal Peak Mine safety official admits conspiring to make false statement about mine injuryRead the Press Release
BILLINGS — The former mine safety director at the Signal Peak Energy LLC coal mine near Roundup today admitted to charges that he conspired to not report as required an incident in which a mine employee injured his fingers, resulting in partial amputation, U.S. Attorney Jesse Laslovich said.
Curtis Floyd, 47, of Billings, pleaded guilty to an information charging him with conspiracy to submit false statements in mine records. Floyd faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Floyd was released pending further proceedings.
The government alleged in court documents that in 2018, Floyd was the Director of Mine Safety at the Signal Peak Energy coal mine and was responsible for overseeing safety related accidents and injuries, ensuring that all safety-related incidents at the mine were properly reported in accordance with federal law. In early 2018, John Doe 1, an employee under Floyd’s area of responsibility, had his fingers crushed while loading mining materials. The injury eventually required partial amputation. As Floyd was taking John Doe 1 to the hospital, John Doe 1 received a phone call from Dale Musgrave, the former vice president of underground operations. Musgrave directed John Doe 1 to falsely claim that the injury was unrelated to his work at the mine. Musgrave also said he would make it worth John Doe’s while. Floyd told John Doe 1 he would support whatever decision was made. John Doe 1 eventually agreed to not report the incident. Both Floyd and John Doe 1 subsequently admitted to investigators that this occurred. Floyd and Musgrave were required to complete a U.S. Department of Labor Mine Safety and Health Administration Mine Accident, Injury and Illness report. They never completed or submitted the form for this incident. They also failed to report John Doe 1 as an “MSHA reportable injury or illness” on another MSHA quarterly mine employment and coal production report.
This prosecution was part of a broad corruption investigation into Signal Peak Energy’s management and operations that resulted in not only misdemeanor convictions of the company for willful violation of health and safety standards, but also in individual convictions and charges for some former mine officials and associates for embezzlement, tax evasion, bank fraud, money laundering, drugs and firearms violations. Musgrave was sentenced to probation and fined $20,000 for his conviction in the case.
Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka are prosecuting the case, which was investigated by IRS, FBI and Environmental Protection Agency.
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Everett Man Pleads Guilty to Armed RobberyRead the Press Release
BOSTON – An Everett man pleaded guilty today to committing the February 2021 armed bank of a TD Bank branch in Allston.
Jamaine Howell, 36, pleaded guilty to one count of bank robbery and one count of using and carrying a firearm during and in relation to, and possessing a firearm in furtherance of, a crime of violence. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 10, 2023. Howell was charged by criminal complaint in March 2021.
On Feb. 7, 2021, Howell entered a branch of TD Bank on Commonwealth Avenue in Allston and handed a demand note and a plastic bag to the teller. Howell threatened the teller and stated that he had a gun. Howell then threatened two bank customers and displayed a firearm. After taking the plastic bag –containing approximately $5,900 – from the teller, Howell instructed one of the customers to leave the bank with him. After walking about a block with Howell, the customer managed to flee while Howell was distracted.
Later that week, police received a report that Howell brandished a firearm at a guest at a hotel in Sharon. On Feb. 16, 2021, police officers arrested Howell, and found him armed with a loaded .45 caliber Ruger handgun. Police also found a loaded semi-automatic shotgun in a vehicle that had previously been rented to Howell.
The charge of bank robbery provides for a sentence of up to 25 years in prison, up to five years of supervised release and a fine of up to $250,000. The charge of using a firearm in furtherance of a crime of violence provides for an additional sentence of five years to be served consecutively to any other sentence imposed. 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 Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The Boston, Sharon and Lynn Police Departments provided valuable assistance with the investigation. Assistant U.S. Attorney Charles Dell’Anno of Rollins’ Major Crimes Unit is prosecuting the case.
Doddridge County man who engaged in shootout with police indicted on federal gun chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Doddridge County, West Virginia, man was indicted on federal firearm charges after engaging in a shootout with law enforcement last spring.
Richard Edward America, III, age 45, of Salem, was charged yesterday by a Clarksburg grand jury with illegally possessing a small arsenal of weapons despite having a prior conviction for domestic violence. He was also indicted for possessing silencers that were unregistered and lacked serial numbers as required by law.
According to court documents, America fired shots at officers who were attempting to execute a search warrant at his house on May 5, 2022. Officers were there because they suspected that America had firearms on his property despite his prior conviction. America fled the scene but was later apprehended. Officers reported finding eleven firearms, two silencers, and assorted ammunition. Among the firearms recovered, officers seized an assault-style rifle in the area near where America fired shots at law enforcement.
“Oftentimes the most dangerous individuals encountered by law enforcement are those with histories of domestic violence,” said United States Attorney William Ihlenfeld. “We will continue to work with our state and local partners to bring federal charges whenever possible against gun-carrying domestic abusers.”
America is being held in the North Central Regional Jail and will appear in federal court on the charges in the near future.
The investigation was led by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the West Virginia State Police; the Doddridge County Sheriff’s Office; and the Salem Police Department.
The case is being handled by Assistant U.S. Attorney Sarah Wagner for the government.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Digital Advertising Business Owner and Operator Sentenced to Prison for $5 Million Ponzi SchemeRead the Press Release
LAS VEGAS – A Las Vegas business owner and operator who pleaded guilty to wire fraud was sentenced yesterday by U.S. District Judge Jennifer A. Dorsey to 34 months in prison followed by two years of supervised release for fraudulently soliciting more than $5 million in investments for his digital advertisement business.
According to court documents, Robert Cortez Marshall, 43, operated a Ponzi scheme between January 2014 and April 2015 by fraudulently soliciting over $5 million for his business R.B.J. Generational Wealth Management LLC d/b/a Adz on Wheelz from more than 200 unwitting investors. He devised a scheme to defraud victims by falsely claiming that: (1) Adz on Wheelz owned and operated a fleet of luxury vehicles that could be customized for digital advertising; (2) Adz on Wheelz had already received millions of dollars in contracts from advertisers; (3) investors would receive a guaranteed weekly royalty payment; and (4) investors could cancel at any time or receive a refund of their investment.
In reality, Marshall would use money solicited from new investors to make the “royalty payments” owed to prior investors. He also transferred investor funds to other accounts under his control and used investor money for his own personal expenses. Through this scheme, investors lost approximately $3.5 million.
“The defendant wined and dined his investors, and he promised annual returns of more than 200% on investments,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “The U.S. Attorney’s Office is committed to prosecuting individuals who take advantage and defraud others for profit.”
“Financial crimes like Ponzi schemes may not be violent, but they certainly are not victimless,” said Special Agent in Charge Spencer L. Evans for the FBI. “Under the guise of an established business Mr. Marshall solicited investments from individuals and secured their trust, swindling more than 200 victims out of more than $5 million for his personal benefit. The FBI will continue to work with our partners to investigate financially devastating schemes and seek justice for victims of fraud.”
The case was investigated by the FBI. Assistant U.S. Attorneys Jim Fang and Tony Lopez prosecuted the case.
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Detroit Man Pleads Guilty to Fentanyl PossessionRead the Press Release
PITTSBURGH - A former resident of Detroit, Michigan, pleaded guilty in federal court to a charge of possession with the intent to distribute more than 40 grams of fentanyl, United States Attorney Cindy K. Chung announced today.
Nicholas Lamont Carter, age 33, pleaded guilty to one count before Chief United States District Judge Mark Hornak.
In connection with the guilty plea, the court was advised that Carter was an occupant of a vehicle pulled over for a traffic violation by detectives from the Allegheny County Police. Carter attempted to flee the scene, but he was quickly captured and a search of the vehicle revealed more than 200 grams of fentanyl that Carter intended to distribute.
The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Pending sentencing, the court detained the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police conducted the investigation that led to the prosecution of Carter.
Cut Bank man admits meth trafficking on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A Cut Bank man accused of trafficking methamphetamine on the Blackfeet Indian Reservation after law enforcement found approximately two pounds of the drug in a Jaguar vehicle parked at his residence admitted to charges today, U.S. Attorney Jesse Laslovich said.
Osvaldo Aguilar, aka Aldo Chavez, aka Creeper, 47, pleaded guilty to possession with intent to distribute controlled substances. Aguilar faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least 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 May 17. Aguilar was detained pending further proceedings.
The government alleged in court documents that in October 2021, law enforcement interviewed two individuals suspected being involved in drug trafficking on the Blackfeet Indian Reservation. The individual reported buying meth from Aguilar, known as “Creeper.” The investigation led to Aguliar’s residence in Cut Bank and to a search warrant to search the property. Officers found a Jaguar sedan that appeared not to have been driven for some time but also appeared to have been entered recently. Officers located approximately two pounds of meth in the vehicle.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Drug Enforcement Administration, Glacier County Sheriff’s Office and Blackfeet Law Enforcement Services.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Criminal Prosecutions Significantly Increase Under Leadership of United States Attorney Will Thompson during Fiscal Year 2022Read the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson had a momentous first year as the chief federal law enforcement officer for the Southern District of West Virginia.
A series of successful major cases highlighted a federal fiscal year that saw total criminal case filings increase by more than 38 percent in FY 2022 when compared to the prior fiscal year. The district’s ranking for criminal cases filed among all U.S. Attorney’s Offices in FY 2022 was its highest in at least the last five years.
White-collar crime filings more than doubled, while cases targeting violent crimes rose by more than one-third. Drug crime filings accounted for approximately 45 percent of all criminal cases, and included prosecutions under the Organized Crime Drug Enforcement Task Force (OCDETF) initiative.
“The criminal filings in 2022 are the result of the tremendous hard work and commitment to service by our team of eminently capable attorneys, support staff, and our law enforcement partners,” Thompson said.
Thompson was sworn in on October 13, 2021, less than two weeks into the 2022 federal fiscal year. During FY 2022, there were 270 criminal cases filed. Of these, 24 were OCDETF cases and 97 were other drug-related prosecutions. Violent crimes accounted for 98 case filings, up from 68 during the prior year. White collar crimes were 18 of the total, compared to 8 in FY 2021.
Thompson leads 34 attorneys and 41 non-attorney personnel located in offices in Charleston, Huntington, and Beckley. The office is responsible for prosecuting federal crimes in the district including crimes related to civil rights, public corruption, child exploitation, firearms, narcotics and terrorism.
The Southern District of West Virginia will be issuing an annual report for FY 2022 that will provide detailed statistics as well as summaries of major cases from the past year. Notable cases include:
Civil Rights: United States v Everett Maynard (2:21-cr-65)
On Nov. 17, 2021, a federal jury convicted Everett Maynard, 45, of Logan, of using excessive force against an arrestee while Maynard was a police officer with the Logan Police Department. Maynard was sentenced to nine years in prison and three years of supervised release on March 17, 2022.
Violent Crime: United States v Nathaniel Blayn Becker (2:21-cr-234)
On April 19, 2022, a federal jury found Nathaniel Blayn Becker, 43, of Marietta, Ohio, guilty of two counts of possession of an unregistered destructive device and two counts of placement of a destructive device on a vessel, in connection with pipe bombs found on tugboats on the Ohio River. Becker was sentenced on December 1, 2022, to eight years and one month in prison, to be followed by three years of supervised release.
Project Safe Childhood: United States v Todd Christopher Roatsey (2:21-cr-235)
Todd Christopher Roatsey, 43, of Elkview, a former counselor at Kanawha County’s Pinch Elementary School, pleaded guilty on June 13, 2022, to attempted production of child pornography and attempted enticement of a minor. Roatsey was sentenced on December 19, 2022, to 25 years in prison, to be followed by a lifetime of supervised release. Roatsey was also ordered to pay $23,000 in restitution to his victims and register as a sex offender.
Elder Justice Initiative: Romance Fraud Schemes (3:21-cr-68; 3:21-cr-69; 3:21-cr-70; 3:21-cr-71)
Nine defendants were convicted in connection with multiple internet-based fraud schemes that operated in the Huntington area and defrauded hundreds of individuals across the country.
The fraud schemes targeted potential victims looking for romantic partners, friendship, and other close personal and business relationships on dating websites and other social media platforms. Induced into believing they were in a romantic relationship, friendship or business relationship with false personas, the victims were persuaded to send money for a variety of false and fraudulent reasons for the benefit of the false personas. The defrauded funds were laundered for distribution among the defendants and others, with some of the funds transferred overseas.
Project Safe Neighborhoods: United States v Jones et al (5:22-cr-46)
Eighteen defendants pleaded guilty and one was convicted by a federal jury in connection with a multi-state conspiracy that trafficked more than 140 firearms from the Beckley area to Philadelphia, Pennsylvania, between early 2020 and mid-2021. Approximately 45 of these firearms have been recovered at crime scenes primarily in Philadelphia and have been connected to two homicides, crimes of domestic violence, and other violent offenses.
OCDETF: United States v Midkiff et al (3:21-cr-109)
After a long-term investigation, law enforcement officers dismantled a conspiracy that distributed a variety of drugs including fentanyl, methamphetamine, cocaine, cocaine base (also known as “crack”), oxycodone, and heroin in the Huntington area between the summer of 2020 and July 2021. All 19 individuals charged in this prosecution were convicted and sentenced to prison for their roles in the conspiracy. Four of the defendants were each sentenced to at least 10 years in prison.
OCDETF: United States v Alston et al (2:21-cr-172)
The long-term investigation in this case successfully targeted a drug trafficking organization (DTO) that operated primarily in the Charleston, Rand, and St. Albans areas of Kanawha County. The investigation also thwarted a plan to murder an individual on Charleston’s West Side on July 4, 2021.
Three defendants were found guilty at trial and the other 14 defendants pleaded guilty. To date, 14 defendants have been sentenced to prison. Eight of those defendants were each sentenced to at least 10 years in prison.
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.
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Colorado Springs Man Sentenced to 20 Years in Federal Prison for Providing Deadly Fentanyl to TeenRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces Nathaniel David Corser, age 23, of Colorado Springs, was sentenced to 20 years in prison today for distribution of fentanyl resulting in death.
According to the plea agreement, on July 4, 2021, the defendant met 19-year-old Kaeden Norlander at Cottonwood Creek Park in Colorado Springs for a drug deal they had arranged through text messages. At the park, the defendant sold the victim two blue pills with imprints which said “M” and “30.” Although the pills appeared to be prescription oxycodone pills, they actually contained fentanyl. Over the course of the next day, the victim ingested both pills. Late in the morning on July 5, the victim’s aunt discovered him dead in his bedroom. The El Paso County Coroner’s Office conducted an autopsy on July 6, 2021, and ruled his death was the result of fentanyl intoxication.
The plea agreement also states, after the young man’s death, officers found text messages on his phone which appeared to relate to him buying the pills that killed him. A Colorado Springs Police detective used the victim’s phone to communicate with the defendant, and arranged to buy five pills which he described as “30s.” After the transaction, the Colorado Springs Police Department Metro Crime Lab tested the five blue pills and determined they contained fentanyl. A search of the defendant’s apartment led to the discovery of 1,089 dosage units of 30mg morphine sulfate pills packaged in 13 small zip-top baggies with crosses on them, 108 dosage units of 200mcg fentanyl buccal tablets in the manufacturer’s packaging, two blue tablets with “M” and “30” imprinted on them, which contained fentanyl, one loaded semi-automatic 9mm handgun, and a second loaded 9mm magazine.
Judge Daniel D. Domenico sentenced the defendant on January 5, 2023. “Selling these drugs these days is not the same as selling drugs before. It’s like shooting a gun randomly out in public, you never know what these pills may do what it did here,” said Judge Daniel D. Domenico before imposing the sentence of 240 months, followed by three years of supervised release.
“This is the longest sentence to date in federal court in Colorado for distribution of fentanyl resulting in death, and it should send a loud and clear message to drug dealers and drug traffickers. Our law enforcement partners will track you down and we will prosecute you if you peddle this poison in our communities,” said United States Attorney Cole Finegan. “Lives are at stake, and we will use every available tool to combat this deadly epidemic and stop these tragic losses.”
“Fentanyl is insidious in many of the communities in our state, and FBI Denver has made it a priority to assist our local law enforcement partners in these tragic cases," said FBI Denver Acting Special Agent in Charge Leonard Carollo. "In this instance, working with the Colorado Springs Police Department, we were able to bring to justice the drug dealer who was responsible for the death of a young man. This sentence means there is one less dealer peddling tainted pills to unsuspecting teens and other members of our community.”
“Fentanyl is a drug that destroys lives, and the Colorado Springs Police Department is committed to holding individuals responsible whose actions rip apart families,” said Chief of Police Adrian Vasquez. “We thank all of our federal partners for moving forward on federal charges and helping to remove Mr. Corser from our streets.”
This case was investigated by the Federal Bureau of Investigation (FBI) Denver Division and the Colorado Springs Police Department’s Metro, Vice, Narcotics, and Intelligence Division (Metro VNI). Assistant United States Attorneys Peter McNeilly and Alyssa Mance handled the prosecution.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF is a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
CASE NUMBER: 21-cr-00331
With permission from Laurie Norlander Victim Kaeden Norlander and his mother, Laurie NorlanderCleveland Woman Sentenced to Prison for Stealing Pension Benefits and Defrauding Government ProgramsRead the Press Release
CLEVELAND – Diane A. Mason, 52, of Cleveland, Ohio, was sentenced on Jan. 4, 2023, to two years in prison by U.S. District Judge Patricia A. Gaughan after she pleaded guilty to aggravated identity theft.
According to court documents, between January 2017 and October 2020, Mason stole $72,476 in Social Security Retirement Insurance benefits and $40,143.60 in monthly pension benefits from the Xerox Corporation, which were intended to be paid to another individual who had died.
Court documents state that Mason then devised a scheme to steal these benefits from the deceased’s bank accounts for her own use by impersonating the deceased to others on numerous occasions and obtaining a replacement debit card in the name of the deceased. At the same time, court documents show that since 2017, Mason received public housing and Supplemental Nutrition Assistance Program (SNAP) benefits.
In order to be eligible to receive benefits, Mason was required to report any and all income to the Cuyahoga County Department of Job and Family Services (CCDJFS) and the Cuyahoga Metropolitan Housing Authority (CMHA). Court documents show that Mason falsely stated that she received no income in order to qualify for these benefits when, in fact, she had been stealing Social Security and pension benefits.
In total, Mason stole $17,021 in SNAP benefits and $19,123.60 in public housing benefits.
In addition to the prison sentence, Judge Gaughan ordered Mason to pay a total of $165,606.20 in restitution.
This case was investigated by the Social Security Administration Office of the Inspector General (SSA OIG), United States Department of Labor (DOL), Employee Benefits Security Administration, the United States Department of Agriculture (USDA), and the United States Department of Housing and Urban Development (HUD).
This case was prosecuted by Special Assistant United States Attorney Jason W. White.
Chinle Man Sentenced to More Than 30 Years for Murder and ArsonRead the Press Release
PHOENIX, Ariz. –Alberto Toddy, 35, of Chinle, Arizona, was sentenced on December 19, 2022, by United States District Judge Dominic W. Lanza to 365 months in prison, followed by five years of supervised release. Toddy pleaded guilty to Second Degree Murder and Arson.
On April 17, 2020, Toddy brutally assaulted two victims with a baseball bat inside one of the victim’s homes. Toddy then intentionally set fire to the home, resulting in the death of one of the victims who had been rendered unconscious by the assault. The offense occurred in Chinle, Arizona, on the Navajo Nation, where both the victims and Toddy are enrolled members.
The Federal Bureau of Investigation and the Navajo Division of Public Safety conducted the investigation in this case. Assistant United States Attorneys Alexander Samuels and Emma Mark, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08058-PCT-DWL
RELEASE NUMBER: 2023-001_Toddy# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Chicago Gang Member Sentenced to Nearly 5 Years in Federal Prison for Illegally Possessing Machine Gun and Shooting at Rival Gang MembersRead the Press Release
CHICAGO — A member of a Chicago street gang has been sentenced to nearly five years in federal prison for illegally possessing a machine gun and participating in a shootout with rival gang members on a city sidewalk.
WILLIE GLENN, 25, of Chicago, illegally possessed the firearm on June 21, 2021, while sitting in the driver’s seat of a stolen Infiniti sedan in the Auburn Gresham neighborhood on Chicago’s South Side. The .40-caliber handgun was equipped with a conversion device known as a “Glock switch” or “auto sear,” making it capable of automatically firing more than one shot with a single pull of the trigger. Glenn had previously been convicted in state court of a felony firearm offense and was prohibited by federal law from possessing the gun.
U.S. District Judge John Robert Blakey on Dec. 20, 2022, sentenced Glenn to 57 months in federal prison. In addition to the illegal firearm possession, Judge Blakey found that Glenn fired a shot during a shootout with rival gang members on Dec. 22, 2018. A man in the defendant’s group was wounded in the shootout, which occurred on a sidewalk in the East Beverly neighborhood on Chicago’s South Side.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, Robert W. “Wes” Wheeler, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI, and David Brown, Superintendent of the Chicago Police Department. The government was represented by Assistant U.S. Attorney Charles W. Mulaney.
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods, the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Central California Man Sentenced to Federal Prison for Abducting and Sexually Abusing an Oregon Minor He Met OnlineRead the Press Release
EUGENE, Ore.—A Mariposa, California man was sentenced to more than 15 years in federal prison today after he abducted and repeatedly sexually abused an Oregon minor he met online.
Deven Richard Dearing, 26, was sentenced to 187 months in federal prison followed by a life term of supervised release.
According to court documents, in August 2020, multiple law enforcement agencies began searching for an Oregon minor declared missing by her family. Investigators soon discovered social media exchanges between the minor and Dearing, who was found to be residing in central California near Sacramento. On August 29, 2020, FBI agents contacted Dearing and interviewed him about his online exchanges and the possible whereabouts of the Oregon minor. On the same day, unrelated to law enforcement’s contact with Dearing, the missing minor walked into the Merced County Sheriff’s Office in Merced, California and told police she had run away from home. Investigators later learned this story was a lie concocted by Dearing to hide his role in the minor’s abduction.
Following the minor’s safe return to Oregon, the FBI’s investigation revealed Dearing had met her in June 2020 through a chat website called Omegle and later continued chatting with her on Instagram. The chats showed that Dearing, who was 23 at the time, knew the girl was minor and, over several months, engaged in extensive, sexually explicit exchanges with her. Dearing further convinced the minor to produce and send him multiple sexually explicit photos and videos.
On August 20, 2020, Dearing drove more than 600 miles from his house in California to the minor’s home in Oregon. While en route, he devised a plan to disable the SIM card in the minor’s phone to prevent her from being tracked. After picking her up, Dearing initially took the minor to a hotel in Oregon where he sexually abused her and later transported her to California where the abuse continued for more than a week. Dearing eventually agreed to drop the minor off at a local police station.
On January 25, 2021, Dearing was charged by criminal complaint with attempted sexual exploitation of a child, transportation with intent to engage in criminal sexual activity, receipt of child pornography, and possession of child pornography.
Later, on April 15, 2021, a federal grand jury in Eugene returned an indictment charging Dearing with sexual exploitation of a child, transportation with intent to engage in criminal sexual activity, and receipt of child pornography. On September 15, 2022, Dearing pleaded guilty to the first two charges.
This case was investigated by the FBI’s Eugene Resident Agency and the Corvallis Police Department with assistance from the FBI’s Fresno, California Resident Agency, the FBI’s Cellular Analysis Survey Team (CAST) and the FBI’s Child Abduction Rapid Deployment (CARD) Team. It was prosecuted by William M. McLaren, Assistant U.S. Attorney for the District of Oregon, in coordination with the Benton County, Oregon and Mariposa County, California District Attorney’s Offices.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Cedar Rapids Man to Federal Prison a Second Time for Selling Fentanyl and HeroinRead the Press Release
A man who was involved in the distribution of heroin was sentenced January 4, 2023, to more than a year in federal prison.
Albert McReynolds, age 34, from Cedar Rapids, Iowa, received the prison term after a July 18, 2022 guilty plea to two counts of distribution of a controlled substance after having been previously convicted of a felony drug offense and one count of distribution of and aiding and abetting the distribution of a controlled substance after having been previously convicted of a felony drug offense.
Evidence at plea and sentencing hearings showed that on three different occasions between October and December 2020, McReynolds arranged for the distribution of heroin in Cedar Rapids. On two of those occasions, McReynolds personally distributed the heroin, and on one occasion, another individual distributed the heroin on his behalf. Fentanyl was detected along with the heroin involved in the first two occasions. McReynolds has a prior federal conviction for heroin trafficking, and he was serving a term of supervised release when he committed the instant offense.
McReynolds was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. McReynolds was sentenced to 16 months’ imprisonment. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
McReynolds is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Adam Vander Stoep and Assistant United States Attorney Dan Chatham and investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-73.
Follow us on Twitter @USAO_NDIA.
CFO of KC Company Sentenced for $3 Million Embezzlement Scheme, Filing False Tax ReturnsRead the Press Release
KANSAS CITY, Mo. – A former Overland Park, Kansas, man was sentenced in federal court today for embezzling $3.1 million from his employer and failing to pay nearly $1 million in taxes owed to the federal government and the state of Kansas.
Richard Scott Simkins, 57, currently a resident of Ft. Lauderdale, Florida, was sentenced by U.S. District Judge Roseann Ketchmark to six years and six months in federal prison without parole. The court ordered Simkins to pay $2,032,282 in restitution to Genesys Industrial Corporation (in addition to $145,742 in restitution previously paid after Simkins liquidated his 401K plan); $1,005,000 in restitution to Travelers Insurance Company; $867,713 in restitution to the Internal Revenue Service; and $129,131 in restitution to the Kansas Department of Revenue. Simkins must forfeit to the government his residential property in Overland Park and pay a money judgment that represents the proceeds of his embezzlement.
Simkins was the chief financial officer for Genesys Industrial Corporation, doing business as Genesys Systems Integrator in Kansas City, Missouri. Genesys engineers and designs automated production systems and production machinery.
On Jan. 20, 2022, Simkins pleaded guilty to one count of mail fraud and one count of filing a false tax return. Simkins admitted that he embezzled at least $3.1 million from Genesys from 2013 to his termination in September 2020 by writing checks on the Genesys account to pay the personal expenses of himself and a co-worker whom he supervised.
Simkins embezzled $2,853,370 for himself and aided and abetted another Genesys employee’s embezzlement of approximately $325,000 from the company, for a total of $3,183,024. Cheryl A. Rose, 53, of Freeman, Mo., the accounting manager at Genesys, pleaded guilty in a separate but related case to conspiracy to commit mail fraud and awaits sentencing.
According to court documents, for at least eight years, on hundreds of occasions, Simkins signed Genesys checks to pay for personal spending. His embezzlement increased from at least $144,107 in 2013 to at least $588,717 in 2019. As a result, Genesys paid over $500,000 to investigate, document and remediate Simkins’s and Rose’s embezzlement.
Simkins also admitted that he failed to report the stolen income on his federal income tax returns and his Kansas state personal income tax returns. The total federal tax loss caused by Simkins’s fraudulent behavior was at least $867,713; the total Kansas state tax loss was at least $129,131, for a total federal and state tax loss of at least $996,844.
Simkins spent his tax-free embezzled proceeds on retail purchases, including jewelry; travel to Las Vegas, Nevada; Los Angeles, California; Orlando, Florida; Scottsdale, Arizona; and Estes Park, Colorado; tickets to Disneyland and Disneyworld; vehicles for himself and his family; household expenses, including pool and lawn care; school expenses, including college tuition, fraternity payments, and extracurricular activities; rent for himself and relatives; and personal mortgage payments.
This case was prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the FBI and IRS-Criminal Investigation.
Bourbon County Man Sentenced to 97 Months for Armed Fentanyl Trafficking and Possession of a Firearm by a Convicted FelonRead the Press Release
FRANKFORT, Ky. – A Paris, Ky., man, Jalen Jones, 26, was sentenced on Thursday to 97 months in federal prison, by U.S. District Judge Gregory VanTatenhove, for distribution of fentanyl, carrying a firearm during a drug trafficking crime, and possession of a firearm by a convicted felon.
According to Jones’ plea agreement, on November 28, 2021, Jones was found in possession of 12.5 grams of fentanyl, following a traffic stop. He was arrested but later released on bond conditions. Following that release, law enforcement conduct three controlled purchases of fentanyl and firearms from Jones. Jones admitted that he was prohibited from owning firearms, as he had been previously convicted of felony offenses.
Jones pleaded guilty to the current charges in October 2022. Jones previously had been convicted of two counts of trafficking a controlled substance in April 2015, and wanton endangerment in April 2015.
Under federal law, Jones must serve 85 percent of his prison sentence. He will be under the supervision of the U.S. Probation Office for six years after his release from prison.
Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF Louisville Field Division; and Chief Myron Thomas, Paris Police Department, jointly announced the sentence.
The investigation was conducted by ATF, the Paris Police Department, and the Bluegrass Narcotics Task Force. The United States was represented by Assistant U.S. Attorney Francisco Villalobos.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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Boston Man Sentenced for Role in Drug Trafficking OrganizationRead the Press Release
BOSTON – A drug distributor for a Boston-area drug trafficking organization (DTO) was sentenced today for his role in a conspiracy involving cocaine and cocaine base (crack cocaine).
Terrence Daye, 34, of Boston, was sentenced by U.S. District Court Judge Denise J. Casper to 28 months in prison and three years of supervised release. In September 2022, Daye pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine.Daye was charged with 23 others in June 2020 as part of Operation Snowfall, which ultimately resulted in the charging of two different drug trafficking conspiracies during the overall period of November 2018 through June 2020.
According to the charging documents, beginning in November 2018, law enforcement investigated a DTO in which Daye was a drug distributor. The DTO was comprised of Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the DTO assumed control over multiple apartments, which they used to store, cook, package and sell drugs – most of which consisted of cocaine or cocaine base, which the DTO supplied to customers, wholesalers and distributors. As a result, the DTO caused a blight of the development and reduced the quality of life of the other residents.
Daye is estimated to have distributed between approximately 100 and 200 grams of cocaine base during the conspiracy, and overall, between 300 and 400 grams of cocaine (including powder and base) during the course of his participation in the Fidelis Way DTO. Daye is the sixth defendant to be sentenced in the Fidelis Way drug conspiracy. The remaining defendants in the Fidelis Way conspiracy have all pleaded guilty and are pending sentencing. In the other charged conspiracy, the defendants are either pending sentencing or have pleaded not guilty and are pending trial. One defendant, Derek Hart, remains at large.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Brian A. Kyes, U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner Michael Cox made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit prosecuted the case.This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Belleville Man Sentenced to 15 Years in Prison for Sexual Exploitation of a Minor and Transportation with Intent to Engage in Criminal Sexual ActivityRead the Press Release
EAST ST. LOUIS, Ill. – Larry W. Hale, 54 of Belleville, Illinois, was sentenced to 15 years in the Bureau of Prisons in a U.S. District Court on Wednesday for Sexual Exploitation of a Minor and Transportation with Intent to Engage in Criminal Sexual Activity.
According to court documents, Hale, who was 51 at the time, traveled to Atlanta, Georgia, in February 2020 to pick up a 16-year-old female and bring her back to Illinois to live with him. She was discovered in his home in July 2020.
In a voluntary, videotaped interview with law enforcement, Hale admitted to engaging in a sexual relationship with the minor, stating that it began shortly after she moved into his residence. He also admitted to knowing she was 16 years old when he picked her up in Georgia and transported her to Illinois to live with him. Finally, he admitted that there was a video of the victim performing a sex act on his cell phone.
“Sex crimes against children are particularly disturbing, and Larry Hale deliberately preyed on a vulnerable child after meeting her on an online dating site,” said U.S. Attorney Rachelle Aud Crowe. “His sentence reflects the severity of his crimes, and I applaud the efforts by many to remove this predator from our community.”
“The U.S. Secret Service remains committed to investigating and arresting individuals who sexually exploit children and transmit child sexual abuse material,” said U.S. Secret Service Resident Agent in Charge Stephen S. Webster. We are proud of our partnerships with the federal, state, and local agencies who work collectively to investigate and prosecute crimes against minors. These predators cause significant and long-lasting damage, and we are dedicated to holding them accountable.”
The investigation was conducted with efforts by the Belleville Police Department and the U.S. Secret Service. Assistant U.S. Attorney Angela Scott prosecuted the case.
This case was brought as part of Project Safe Childhood, a national initiative launched in 2006 by the Department of Justice to combat the increase in child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims.
For more information on Project Safe Childhood, visit www.usdoj.gov/psc.
Bakersfield Man Indicted for Possession of Firearms and MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Arturo Marquez, 45, of Bakersfield, charging him with possession of over 50 grams of methamphetamine with the intent to distribute and possession of three firearms, United States Attorney Phillip A. Talbert announced.
According to court documents, after executing a search at Marquez’s residence in Bakersfield, officers uncovered 13 firearms, large quantities of ammunition and approximately 936 grams of methamphetamine. Marquez has felony convictions for previously possessing firearms and is therefore prohibited from possession firearms or ammunition.
This case is the product of an investigation by the San Luis Obispo County Sheriff’s Office, the California Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Arin C. Heinz is prosecuting the case.
If convicted of possession with intent to distribute methamphetamine, Marquez faces a maximum statutory penalty of life in prison and a $10 million fine. This charge also carries a 10-year mandatory minimum sentence. If convicted of being a felon in possession of a firearm, Marquez faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty 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.
Atlantic City Man Sentenced to 135 Months in Prison for Possession of Child PornographyRead the Press Release
CAMDEN, N.J. – An Atlantic City, New Jersey, man was sentenced to 135 months in prison for possessing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.
Cory Newman, 44, previously pleaded guilty before U.S. District Judge Christine P. O’Hearn to an information charging him with one count of possession of child pornography. Judge O’Hearn imposed the sentence in Camden federal court.
According to documents filed in this case and statements made in court:
On May 20, 2021, agents with Department of Homeland Security, Homeland Security Investigations, (HSI) served a search warrant at Newman’s residence in Atlantic City and discovered electronic devices containing numerous videos and images of children being sexually abused.
In addition to the prison term, Judge O’Hearn sentenced Newman to 15 years of supervised release.
U.S. Attorney Sellinger credited special agents of HSI, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to today’s sentencing. He also thanked the Atlantic County Prosecutor’s Office, under the direction of Acting Atlantic County Prosecutor William E. Reynolds, and the Atlantic City Police Department, under the direction of Interim Officer in Charge Deputy Chief James A. Sarkos, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Andrew Johns of the Criminal Division in Camden.
Arkansas Cardiologist Agrees to Pay $900,000 to Settle False Claims Act AllegationsRead the Press Release
NASHVILLE – An Arkansas cardiologist has agreed to settle allegations that he violated the False Claims Act by submitting claims for payment to the Medicare Program for the medically unnecessary placement of cardiac stents, announced Henry C. Leventis, U.S. Attorney for the Middle District of Tennessee.
Jeffrey G. Tauth, M.D., 60, of Hot Springs, Arkansas, is a cardiologist who treated patients at Hot Springs National Park Hospital Holdings, LLC d/b/a National Park Medical Center (NPMC) and National Park Cardiology Services, LLC d/b/a Hot Springs Cardiology Associates. The United States alleges that from September 2013 through August 2019, Tauth submitted or caused the submission of claims for payment to the Medicare Program for cardiac stents that Tauth inserted into Medicare patients that were not medically necessary. As part of the settlement, Tauth has agreed to pay $900,000 and will enter into an Integrity Agreement with the U.S. Department of Health & Human Services (HHS).
“Health care fraud is a top priority of this office,” said U.S. Attorney Leventis. “We will aggressively pursue all those who are involved in fraud against government programs. Whether it be a corporate entity or an individual provider, those who seek to exploit patients and federal health care programs for financial gain can expect to be the focus of our civil and criminal enforcement efforts. As Lifepoint has done here, we encourage those who may become aware of false claims to be proactive in ceasing and disclosing the conduct, particularly when there are allegations of unnecessary medical procedures.”
The settlement follows a November 2019 voluntary disclosure to this Office pursuant to the protocols of the HHS Office of Inspector General, by Brentwood, Tennessee-based Lifepoint Health (Lifepoint), which acquired NPMC and Hot Springs Cardiology Associates in November 2018.
As a result of the voluntary disclosure, the United States entered into a settlement with NPMC and Hot Springs Cardiology in October 2020 for alleged violations of the False Claims Act, wherein the entities agreed to pay $14,669,586, including over $9,000,000 in restitution.
"Submitting claims for medically unnecessary procedures undermines the integrity of federal health care programs and wastes valuable taxpayer dollars," said Tamala E. Miles, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of the Inspector General. "HHS-OIG will continue to work tirelessly alongside our law enforcement partners to protect the integrity of federal healthcare programs and to ensure the appropriate use of U.S. taxpayer dollars."
This case was investigated by the U.S. Department of Health & Human Services – Office of Inspector General. Assistant U.S. Attorney Kara F. Sweet represented the United States.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Allentown Man Sentenced to 180 Month’s Imprisonment for Possession with Intent to Distribute FentanylRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shakier Jamean Kingsley, age 31, of Allentown, Pennsylvania, was sentenced yesterday to 180 months’ imprisonment to be followed by 5 years on supervised release by U.S. District Court Judge Malachy E. Mannion, for possession with intent to distribute fentanyl.
According to United States Attorney Gerard M. Karam, Kingsley was encountered by the Pennsylvania State Police while driving on State Route 901, Barry Township, Pennsylvania. When police attempted to pull Kingsley’s vehicle over, he refused to stop resulting in a highspeed chase. Kingsley drove his vehicle along various roads near and through Minersville Borough placing the public at risk. During the chase police witnessed Kingsley’s passenger throw several objects out of the passenger side window of the vehicle. Kingsley’s vehicle was eventually stopped using spike strips which disabled his vehicle. During the chase, at least two stationary vehicles were struck by Kingsley, and a police cruiser was damaged when it collided with Kingsley’s vehicle to stop him. Police retraced the route and discovered that Kingsley’s passenger had thrown more than 500 grams of fentanyl and heroin and two loaded firearms out the car’s window during the pursuit.
The case was investigated by the DEA and the Pennsylvania State Police. Assistant U.S. Attorneys Samuel Dalke and Todd K. Hinkley prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Albuquerque attorney sentenced to prison for tax fraudRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Robert Fiser was sentenced to one year and three months in prison. Fiser, 62, of Albuquerque, pleaded guilty on July 11, 2022, to one count each of conspiracy and aiding and assisting in preparation of a false and fraudulent return.
At the time of the offenses, Fiser was a registered attorney in New Mexico specializing in tax law and the preparation of federal income tax returns. One of his clients was Victor Kearney. From October 2009 to November 2013, Fiser assisted Kearney in preparing income tax returns for tax years 2007 through 2011. Fiser signed each of these returns, knowing that they did not include taxable income that Kearney received in those years from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C.
On Nov. 20, 2013, Fiser signed amended tax returns for Kearney for tax years 2009, 2010 and 2011 and a tax return for Kearney for tax year 2012, falsely stating on each of them that he had signed on June 1, 2013.
In his plea agreement, Fiser admitted that on Oct. 1, 2014, he sent an email message to Kearney advising him not to contact the Internal Revenue Service (IRS) about the failure to file tax returns. On Sept. 2, 2016, Fiser had a conversation with Kearney about not filing income tax returns. Fiser falsely stated under oath at a deposition on Nov. 4, 2016, that the reason that he and Kearney did not report income from the Mary Pat Abruzzo-Kearney Testamentary Trust B and C in Kearney’s original tax returns for 2008-2011 was that they intended to file amended returns after filing those original returns, though Fiser knew he and Kearney had no intention to do so.
Upon his release from prison, Fiser will be subject to three years of supervised release.
Kearney is currently awaiting trial, scheduled to begin March 6.
IRS Criminal Investigation investigated this case. Assistant United States Attorneys Kimberly A. Brawley and Sean J. Sullivan are prosecuting the case.
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