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15 February 2022
Final Defendant Sentenced for Mexican Timeshare Resale Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Juan Carlos Montalbo, 59, of San Antonio, Texas, was sentenced today to two years in prison for a conspiracy to commit wire fraud in connection with a timeshare fraud in Mexico, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Montalbo, while working in the timeshare industry in Puerto Vallarta, Mexico, would tell timeshare owners that he could guarantee the sale of their existing timeshare vacation rentals, often to pay for other timeshare products Montalbo was attempting to sell them. He and his coconspirators would guarantee the sales and would represent that buyers were already arranged who were ready to pay for the timeshares. In truth, no buyers had actually been arranged. Instead, other coconspirators would convince the victims of the fraud to wire additional money from bank accounts in the United States and Canada to bank accounts in Mexico for alleged up-front payments including taxes, fees, and commissions to make the sale of the timeshare occur. The conspirators would assure victims that the non-existent buyers had already deposited money into trust accounts and that the sellers’ up-front fees would be fully reimbursed from those funds after the sale was complete.
In November 2020, Judge Mendez sentenced co-defendant Wayne Arthur York II to five months’ time served, two years of supervised release, and to pay $449,980 in restitution to the victims of the scheme.
In March 2020, Judge Mendez sentenced co-defendant Marco Antonio Ramirez Zuno to two years’ time served and to pay $1,108,375 in restitution to the victims of the scheme.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Matthew G. Morris prosecuted the case.
Federal Jury Convicts Mint Hill Man of Sexual Exploitation of A MinorRead the Press Release
CHARLOTTE, N.C. – A federal jury in Charlotte has convicted Brandon Grunwaldt, 46, of Mint Hill, N.C., of sexual exploitation of a minor, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Ronnie Martinez, Special Agent in Charge of Homeland Security Investigations (HSI) in North Carolina and South Carolina, and Chief Joseph Hatley of the Mint Hill Police Department join U.S. Attorney King in making today’s announcement.
According to filed court documents, trial evidence and witness testimony, between February 16 and October 31, 2020, Grunwaldt secretly recorded a minor on five different occasions while the minor was undressing and showering. A forensic analysis of electronic devices seized from Grunwaldt revealed that the defendant possessed five videos that depicted the minor using the shower and changing clothes. The jury convicted Grunwaldt of five counts of production of child pornography and one count of possession of child pornography.
Grunwaldt is currently in federal custody. A sentencing date has not been set. Each count of production of child pornography charge carries a minimum statutory sentence of 15 years and a maximum of 30 years in prison and a $250,000 fine. The charge of possession of child pornography carries a statutory penalty of no more than 10 years in prison and a $250,000 fine.
In making today’s announcement, U.S. Attorney King commended HSI and the Mint Hill Police Department for their investigation of the case.
Assistant United States Attorneys Cortney Randall and Stephanie Spaugh, of the U.S. Attorney’s Office in Charlotte, are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Fayette County Man Pleads Guilty to Damaging Coal MineRead the Press Release
CHARLESTON, W.Va. – A Fayette County man pleaded guilty to aiding and abetting the destruction of an energy facility.
According to court documents, Earnest Wriston, 56, of Pax, pleaded guilty to damaging and stealing specialized equipment from a coal mine located across Boone and Lincoln counties.
Wriston pleaded guilty to aiding and abetting the destruction of an energy facility. He is scheduled to be sentenced on May 19, 2022 and faces up to five years in prison.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police and the Federal Bureau of Investigation (FBI).
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant U.S. Attorney Kathleen Robeson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00269.
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FCI Schuylkill Inmate Sentenced to 10 Days’ Imprisonment for Possessing A CellphoneRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Mario Madrigal, age 29, an inmate at Federal Correctional Institute - Schuylkill (FCI Schuylkill), Minersville, Pennsylvania, was sentenced today by United States Magistrate Judge Joseph F. Saporito, Jr., to ten days’ imprisonment for possessing a prohibited object, namely a black Samsung cellphone.
According to United States Attorney John C. Gurganus, Madrigal knowingly possessed a Samsung cellphone on or about September 4, 2021, within the FCI-Schuylkill facility. Federal law prohibits inmates from possessing cellphones due to the institutional security risks posed by their use.
U.S. Magistrate Judge Saporito also ordered that his sentence be served after completion of the 24-month sentence Madrigal is currently serving for violations of the Controlled Substances Act.
The matter was investigated by the Federal Bureau of Prisons. Assistant United States Attorney James M. Buchanan prosecuted the case.
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FBI Makes Arrest in Alleged Child Exploitation CaseRead the Press Release
On January 28, 2022, FBI Special Agents from the Jackson Field Office, together with Agents from the Memphis, Tennessee Field Office, arrested ANDREUS T. SHANNON in Dickson, Tennessee. Clay Joyner, U.S. Attorney for the Northern District of Mississippi, and Jermicha Fomby, Special Agent in Charge (SAC) of the FBI in Mississippi, stated that ANDREUS T. SHANNON, age 41, of Savannah, Tennessee, was arrested based on allegations made in a complaint filed in federal court by the FBI, following an investigation conducted by the FBI.
The complaint alleges that SHANNON was acting as a basketball coach when he allegedly transported a minor female that he coached across state lines between Mississippi and Tennessee to engage in sex acts. SHANNON is also accused of extorting and cyberstalking the same victim once she became an adult.
SHANNON made his initial appearance in the United States District Court for the Middle District of Tennessee in Columbia, Tennessee, on January 28, 2022, and was subsequently extradited to Oxford, Mississippi. On February 14, 2022, SHANNON appeared in the U.S. District Court for the Northern District of Mississippi, for a detention hearing. SHANNON was released on bond with a number of special conditions, including home confinement and electronic monitoring, pending further judicial proceedings.
Individuals with information concerning this investigation are encouraged to contact the FBI at 601/948-5000.
U.S. Attorney Joyner and SAC Fomby stressed that complaints and arrests are accusations only and there is a presumption of innocence prior to any judicial proceeding.
Essex County Man Admits Distributing Child PornographyRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey man today admitted using a web-based application to distribute multiple images and videos of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Mauricio Calderon, 51, of Belleville, New Jersey, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an information charging him with one count of distribution of child pornography.
According to documents filed in this case and statements made in court:
Between March 2020 and April 10, 2020, Calderon used an encrypted, internet-based application to distribute multiple graphic videos depicting the sexual assault of minors. During the course of the investigation, Calderon publicly posted multiple videos depicting the sexual abuse of children, some of which featured infants and toddlers, in a chatroom and also sent links that redirected to web-pages containing child pornography. Law enforcement also discovered numerous videos and images of child sexual abuse on Calderon’s electronic devices when he was arrested at his home in September 2020.
The charge of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and fine of $250,000. Sentencing is scheduled for June 23, 2022.
U.S. Attorney Sellinger credited special agents with Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.
East Longmeadow Man Sentenced for Placing Firebomb at Entrance of Jewish Nursing Home and Lying to FBIRead the Press Release
BOSTON – An East Longmeadow man was sentenced today in federal court in Springfield for placing a lit firebomb at the entrance of a Longmeadow senior health care facility on April 2, 2020, and for lying to the FBI about his whereabouts on that day.
John Rathbun, 37, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and three years of supervised release. As part of his supervised release, Judge Mastroianni ordered that Rathbun not enter the campus of the Longmeadow facility for any reason.
“Mr. Rathbun’s hate-filled and ruthless actions put the entire Longmeadow community at risk,” said United States Attorney Rachael S. Rollins. “Today’s sentence sends a powerful message that hate and bigotry have no place in Massachusetts. Everyone deserves to live free of fear and authentically and fully as themselves. My office will continue to support and work alongside the Jewish community with our law enforcement partners to investigate any acts of violence rooted in bias or hate.”
“There is no way to undo the damage John Rathbun did to the elderly residents of this Jewish assisted living facility, and to the entire community, with his hateful, repulsive, and violent behavior. But today’s sentence does hold him accountable for placing a lit firebomb in their path and for lying to us about it,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Make no mistake, the FBI will use every investigative tool available, along with the expertise and skills of our partners on our Western Massachusetts Joint Terrorism Task Force to identify, assess, and disrupt threats like this one in order to keep our communities safe.”
On June 15, 2021, Rathbun was convicted by a federal jury of one count of attempting to transport or receive explosive devices in interstate or foreign commerce with the knowledge or intent that the device will be used to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle or other real or personal property and one count of attempting to maliciously damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce.
On Nov. 13, 2020, Rathbun was convicted by another federal jury of lying to the FBI by claiming that he had not left his house on April 2, 2020.
On the morning of April 2, 2020, Rathbun assembled, placed, and lit a homemade firebomb at the driveway entrance of Jewish Geriatric Services Lifecare, Inc., a Jewish nursing home complex in Longmeadow. The device consisted of a five-gallon Scepter fuel canister filled with gasoline and a partially charred wick comprised of pages from a Christian religious pamphlet. Forensic analysis identified Rathbun’s DNA on the canister and pamphlet.
On April 15, 2020, Rathbun falsely stated to a federal agent that he was at home on April 2, that he was not familiar with the location on Converse Street where the device was placed and that he had not possessed or even seen the fuel canister.
U.S. Attorney Rollins; Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; and FBI SAC Bonavolonta made the announcement today. The investigation was led by the FBI’s Western Massachusetts Joint Terrorism Task Force with valuable assistance also provided by the Longmeadow and East Longmeadow Police Departments and the Massachusetts State Police. Assistant U.S. Attorneys Neil L. Desroches and Steven H. Breslow of Rollins’ Springfield Branch Office prosecuted the case, along with Justice Department’s Civil Rights Division Trial Attorney Risa Berkower.
Drug Dealer Sentenced to over Ten Years in Federal PrisonRead the Press Release
Ocala, FL – United States District Judge John Antoon II has sentenced Tralvaster Epps (34, Ocala) to 10 years and 2 months in federal prison for possessing with the intent to distribute methamphetamine, fentanyl, cocaine, and marijuana and for possessing a firearm in furtherance of a drug trafficking offense. Epps had pleaded guilty on November 18, 2021.
According to court documents, on July 22, 2020, officers from the Ocala Police Department conducted a traffic stop on a stolen Jeep that Epps was driving. Officers recovered approximately 140 grams of cocaine, a loaded firearm, nearly $12,000 in cash, and three cellphones from the vehicle. After his arrest, Epps made multiple phone calls from jail ordering family members to move multiple bags containing narcotics. Agents from the Unified Drug Enforcement Strike Team, a drug task force, located and confiscated the bags. After receiving a search warrant for the contents of the bags, the agents found approximately 775 grams of fentanyl, 530 grams of methamphetamine, 440 grams of cocaine, 620 grams of marijuana, large amounts of various pills, drug paraphernalia, and approximately $51,000 in cash.
This case was investigated by the Ocala Police Department, the Marion County Sheriff’s Office, the Federal Bureau of Investigation, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Tyrie Boyer.
Disgraced former attorney sentenced to nearly six years in prison for litigation advance fraud schemeRead the Press Release
ATLANTA - Chalmer “Chuck” Detling, II, a disbarred attorney, has been sentenced to prison after being convicted by a jury of wire fraud and aggravated identity theft. Without their knowledge or authorization, Detling used his clients’ identities—sometimes repeatedly—to obtain dozens of fraudulent litigation advances, totaling over $400,000.
“Detling betrayed the trust of his clients, business associates, friends, and family, all to steal money,” said U.S. Attorney Kurt R. Erskine. “This tough but fair sentence should remind those considering similar behavior about the consequences of those decisions, especially licensed professionals who are considering exploiting their clients in a time of need.”
“Detling violated the trust of the clients that hired him and used his position as an attorney not to pursue justice, but to pursue a fraud scheme for personal gain,” said Philip Wislar, Acting Special Agent in Charge of FBI Atlanta. “Because of his self-interest and greed he has not only thrown away his career, but will spend time in prison for his crimes.”
According to U.S. Attorney Erskine, the charges and other information presented in court: Detling was the owner and operator of the Detling Law Group (which later changed its name to Detling Cole LLC), a personal injury law firm based in Marietta, Georgia. While running his law firm, Detling obtained fraudulent “litigation advances” in the names of his clients, without their knowledge or consent, from financing companies. These litigation advances—essentially high interest non-recourse loans—are intended for personal injury plaintiffs to cover non-litigation related expenses (e.g., living and medical expenses) while their cases are pending. In exchange for a litigation advance, the plaintiff agrees to repay the money received plus interest when his or her case settles or ends favorably at a trial. Because these are high interest advances, plaintiffs typically seek them out only as a matter of last resort.
From October 2014 to April 2016, Detling applied for and received dozens of fraudulent litigation advances, stealing hundreds of thousands of dollars. Detling submitted applications that were purportedly signed and executed by his respective clients, but Detling knew when he submitted the agreement paperwork that the clients had not actually executed the agreements. He did so even after several clients expressly told him they did not need or want such financing. Detling was able to conceal from his clients that he had obtained the fraudulent advances by having the funds wired or deposited into his law firm’s Interest on Lawyer Trust Account (“IOLTA”) accounts.
Detling was able to secure these fraudulent litigation advances without his clients’ knowledge in part because the financing companies did not require the clients to be present when applying for the litigation advances or receiving the disbursements. He further concealed the fraud from the financing companies by exploiting the trust they placed in him as an attorney, by stringing them along with lies about the status of his clients’ cases and the possibility of future repayment. Detling also executed the scheme in part by submitting forged documents to the financing companies, including a doctored offer letter from an insurance company in which he claimed they offered $250,000 when in fact they offered $2,000 to settle a case.
While Detling was defrauding the financing entities, he was already subject of multiple investigations by the State Bar of Georgia (“Georgia Bar”) involving professional misconduct, including into his alleged mismanagement of client funds and settling of cases without client authority. Detling’s scheme ultimately unraveled when the Georgia Bar received an anonymous note in early May 2016 notifying it about a subset of the fraudulent litigation advances. Shortly after receiving this information, the Georgia Bar alerted the financing companies, Detling’s clients, and the FBI of the apparent fraud. Nonetheless, when subsequently deposed by the Georgia Bar, Detling repeatedly lied under oath about his knowledge and involvement with the fraudulently obtained litigation advances.
As a result of the Georgia Bar’s investigations, on September 1, 2016, the Georgia Supreme Court issued an emergency suspension of Detling’s law license. On October 30, 2016, the Court accepted Detling’s petition to voluntarily surrender his law license, characterizing it as “tantamount to disbarment.” Detling is no longer licensed to practice law in Georgia or elsewhere.
Chalmer “Chuck” Detling, II, 45, of Marietta, Georgia, was sentenced on February 10, 2022, by U.S. District Judge Leigh Martin May to five years and ten months in prison, to be followed by three years of supervised release, and ordered to pay restitution in the amount of $254,837.89. He was originally charged by a federal grand jury in August 2018 with multiple counts of wire fraud and aggravated identity theft. Following an eight-day trial, a jury convicted Detling of four counts of wire fraud and five counts of aggravated identity theft on November 1, 2021.
This case was investigated by the Federal Bureau of Investigation with assistance from the State Bar of Georgia.
Assistant U.S. Attorneys Alex R. Sistla and Samir Kaushal prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Cumberland County Man Charged with Health Care Fraud, Money Laundering, and Theft of Public MoneyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney L. Yentzer, age 52, of Cumberland County, Pennsylvania was charged in a criminal information with one count of conspiracy to commit health care fraud, one count of conspiracy to commit money laundering, and one count of theft of public money for defrauding Medicare and the U.S. Department of Health and Human Services between 2016 and 2020.
According to United States Attorney John C. Gurganus, the information alleges that Yentzer agreed with others to defraud Medicare by submitting bill for medically unnecessary urine drug tests for chronic opioid patients at medical clinics he controlled, including a group of clinics known as Pain Medicine of York or “PMY” (also known as All Better Wellness).
It is alleged that PMY billed Medicare for more than $10 million in urine drug tests from mid-2017 through the end of 2019. As a result, Medicare paid out over $4 million for these urine drug tests. Pennsylvania’s Medicaid program was also billed for urine drug tests during this same time period. The urine drug tests ordered by PMY were sent to an in-house laboratory at PMY whenever possible. As a result, when medically unnecessary tests were billed to Medicare, the proceeds from them went to PMY itself.
The information also alleges that Yentzer received over $191,000 in U.S. Department of Health and Human Services stimulus money that was intended for health care providers who had health care related expenses and lost revenues attributable to COVID-19. Yentzer obtained these funds in April 2020, even though he had resigned from PMY the prior month and PMY had been closed since late 2019. Yentzer allegedly used these funds on various things unrelated to COVID-19 relief, including personal expenses.
Search warrants were executed at PMY’s various locations in November 2019, and PMY ceased operations soon thereafter.
The case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, Federal Bureau of Investigation, Drug Enforcement Administration, and the Pennsylvania Office of Attorney General. Assistant U.S. Attorney Ravi Romel Sharma and Special Assistant U.S. Attorney Robert Smultkis are prosecuting the case.
The maximum penalty under federal law for conspiracy to commit health care fraud is 10 years’ imprisonment. The maximum penalty law for conspiracy to commit money laundering is 20 years’ imprisonment. The maximum penalty law for theft of public money is 10 years’ imprisonment. These charges may also carry a fine and a term of supervised release following imprisonment. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Court Sentences Key Member of Local Drug Trafficking Organization to 22 Years Imprisonment for Fentanyl and Heroin TraffickingRead the Press Release
MOBILE, AL-- On February 10, 2022, United States District Court Judge Terry F. Moorer sentenced Edwin Jerome Owens, aka “EJ”, from Grand Bay, Alabama to 264 months imprisonment for his role in a local Drug Trafficking Organization (DTO). The 36 year old Owens pled guilty in July, 2021 to conspiracy to distribute heroin and fentanyl. Following his release from prison, Owens will be supervised by a United States Probation Officer for five years. The judge did not impose a fine, but ordered that Owens pay $100 in special assessments. Owens was a member of the “Crossley Hill” DTO, and was among 42 people originally charged with offenses to include conspiracy to distribute and distribution of the drugs heroin, fentanyl and methamphetamine. Further investigation led to the indictments of additional defendants connected to the DTO.
Documents filed in connection with his guilty plea and testimony at his sentencing hearing established that in approximately 2019 and 2020, Owens conspired with numerous other persons to distribute heroin. Some of the heroin sold by Owens contained fentanyl. During the conspiracy Owens made numerous trips to the New Orleans area and Biloxi to obtain heroin and fentanyl from his sources of supply in New Orleans. Owens also brought human heroin testers along with him on a number of trips to use and thereby test the heroin for quality. In all, the court found that Owens was responsible for more than 1.2 kilograms of heroin and more than 700 grams of fentanyl for sentencing purposes. Testimony at the sentencing established that fentanyl is a very powerful, and potentially deadly, drug that is often used in one tenth of a gram quantities, or less, because it is so powerful.
The Court also held Owens responsible for being an organizer or leader of a criminal activity that involved five or more participants, which provided for a greater advisory sentence under the Federal Sentencing Guidelines.
The investigation and prosecution of this case was 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.This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Homeland Security Investigations, the Federal Bureau of Investigation, the Mobile Police Department and the Mobile County Sheriff’s Office.
The Alabama Law Enforcement Agency, the Baldwin County Drug Task Force, and the Saraland Police Department also provided key investigative support to the investigation.
The case was prosecuted by Assistant United States Attorneys George F. May and Luis F. Peral (Lead Organized Crime Drug Enforcement Task Force (OCDETF) Attorney).Council Bluffs Man Sentenced for Child Pornography OffenseRead the Press Release
COUNCIL BLUFFS, IA – Brian Allen Christensen, age 34, of Council Bluffs, was sentenced on February 14, 2022, to 120 months in prison for Receipt of Child Pornography. His term of imprisonment will be followed by five years of supervised release. According to court documents Christensen was found guilty by a trial jury on September 21, 2021.
In 2018 the Nebraska State Patrol conducted an undercover operation and identified a computer in Council Bluffs that shared images and videos using the Peer-2-Peer program. Iowa Internet Crimes against Children took over the investigation and found evidence Christensen had regularly searched for child pornography as early as February 2013.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Nebraska State Patrol, Federal Bureau of Investigation, and the Iowa Division of Criminal Investigation, Internet Crimes Against Children section investigated the case. This case was prosecuted by the United States Attorney’s Offices for the Southern District of Iowa.
Columbus man pleads guilty to threatening local reproductive health services facilityRead the Press Release
COLUMBUS, Ohio – A Columbus man pleaded guilty in federal court this morning to threatening to bring a bomb to a local reproductive health services facility.
Carlos Manuel Rodriguez Brime, 25, also admitted to threatening to kill a patient whom he believed was seeking reproductive health services, specifically an abortion, at the clinic.
On April 11, 2021, Brime made two separate telephone calls to the local reproductive health care clinic. In the first, he made a death threat relating to the prospective patient and in the second, he made a bomb threat directly to the clinic, telling the clinic staff “my organization will be bringing a bomb to your facility. I suggest you close your doors.”
Specifically, Brime admitted to violating the Freedom of Access to Clinic Entrances (FACE) Act – which makes it a federal crime to threaten the use of force to intimidate anyone receiving or providing reproductive health services – and to transmitting a threat in interstate commerce.
Threatening freedom of access to clinic entrances is a federal crime punishable by up to one year in prison and transmitting threats in interstate commerce carries a potential maximum sentence of five years in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
Brime was indicted by a grand jury and arrested in September 2021. A sentencing date has not yet been set.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Kristen Clarke, Assistant Attorney General for the Civil Rights Division of the Department of Justice; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Columbus Police Chief Elaine Bryant announced the plea entered into today before U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Emily Czerniejewski and S. Courter Shimeall and Civil Rights Division Trial Attorney Sanjay Patel are representing the United States in this case.
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Columbus Man Pleads Guilty to Threatening Local Reproductive Health Services FacilityRead the Press Release
A Columbus, Ohio, man pleaded guilty in federal court this morning for making threats to a local reproductive health services facility.
Carlos Manuel Rodriguez Brime, 25, admitted to threatening to kill a patient who indicated she planned to get an abortion at the clinic, and for threatening to bring a bomb to the clinic.
Brime made two separate telephone threats on April 11, 2021, to a local reproductive health care clinic.
During the first call, he told clinic staff, “My girlfriend is a patient there and I’m going to bring the heat. If she kills my baby, I’m going to kill her.” A short time later, he called the clinic again and said, “My organization will be bringing a bomb to your facility. I suggest you close your doors.”
Brime admitted to violating the Freedom of Access to Clinic Entrances (FACE) Act – which makes it a federal crime to threaten the use of force to intimidate anyone receiving or providing reproductive health services – and to transmitting a threat in interstate commerce.
Threatening freedom of access to clinic entrances is a federal crime punishable by up to one year in prison and transmitting threats in interstate commerce carries a potential maximum sentence of five years in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
“People should be able to freely access clinics that provide reproductive health services, free from violence and threats of violence,” Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This defendant threatened to kill a woman because she was seeking reproductive health services and further threatened to bomb the clinic providing those services. This conviction should send a strong message that the Justice Department will hold accountable those who would resort to violence and threats of violence to deny people access to reproductive health clinics in our country.”
Brime was indicted by a grand jury and arrested in September 2021. A sentencing date has not yet been set.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; U.S. Attorney Kenneth L. Parker for the Southern District of Ohio; Special Agent in Charge William Rivers of the FBI Cincinnati Division; and Columbus Police Chief Elaine Bryant announced the plea entered into today before U.S. District Judge Edmund A. Sargus Jr. Assistant U.S. Attorneys Emily Czerniejewski and S. Courter Shimeall and Civil Rights Division Trial Attorney Sanjay Patel are representing the United States in this case.
Coalport Man Pleads Guilty to Unlawfully Possessing a FirearmRead the Press Release
JOHNSTOWN, Pa. – A former resident of Clearfield County pleaded guilty in federal court to a charge of violating federal firearms laws, United States Attorney Cindy K. Chung announced today.
Kenneth Selvage, 61, of Coalport, PA, pleaded guilty to Count One of the Indictment before United States District Judge Stephanie Haines.
In connection with the guilty plea, the court was advised that from on or about January 24, 2020, to on or about January 25, 2020, Selvage was found in possession of a Mossberg .20-gauge shotgun and ten shells of ammunition. On June 16, 1999, Selvage was convicted in the Court of Common Pleas of Cambria County, Pennsylvania, of Escape, which is a crime punishable by imprisonment for a term exceeding one year. Federal law prohibits persons who have been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing firearms.
Judge Haines scheduled sentencing for June 29, 2022, at 10:30 a.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard Jr. is prosecuting this case on behalf of the government.
The Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Selvage.
Charleston Woman Pleads Guilty to Role in Multi-State Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Charleston woman pleaded guilty today to a federal drug crime.
According to court documents and statements made in court, during the summer of 2021, Angie Lane Harbour, 40, was a drug courier in a multi-state methamphetamine distribution organization operating in and around Charleston. Harbour acted as a driver for members of the organization both locally and during resupply trips out-of-state. On August 4, 2021, Harbour and two co-conspirators were returning from a resupply trip to Columbus, Ohio when they were stopped by police in Cross Lanes. Police seized approximately one pound of methamphetamine from the vehicle.
Harbour is one of seventeen defendants charged as a result of this investigation. James Edward Bennett and Denise Marie Cottrill are scheduled to plead guilty on February 22, 2022. Brian Dangelo Terry and Jason Robert Oxley are scheduled to plead guilty on March 14, 2022.
Harbour pleaded guilty to conspiracy to distribute methamphetamine and faces up to 20 years in federal prison when she is sentenced on May 16, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Charleston Police Department, the Kanawha County Sheriff’s Department, and the Metropolitan Drug Enforcement Network Team (MDENT).
United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Joshua Hanks is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 2:21-cr-172, 2:21-cr-171, and 2:21-cr-211.
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Career Offender Sentenced for String of Armed RobberiesRead the Press Release
ALEXANDRIA, Va. – An Upper Marlboro, Maryland, man was sentenced today to 17 years in prison for committing five armed robberies across Northern Virginia and Maryland.
According to court documents, between January 24, 2021, and March 13, 2021, Jon Karl Mcree Fleet, 62, robbed a Macy’s Store in Springfield; a McDonald’s restaurant in Alexandria; a Subway restaurant in Largo, Maryland; a Papa John’s restaurant in Falls Church; and a Domino’s restaurant in McLean. During each robbery, Fleet brandished a firearm in the presence of employees and demanded money from them. Fleet used a short-barreled shotgun while committing the Domino’s robbery. At the time of the robberies, Fleet was a convicted felon, having previously been convicted for armed robberies, and was thus prohibited from possessing a firearm. Fleet’s lengthy and violent criminal history qualifies him as a “Career Offender.”
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division; Michael L. Brown, Alexandria Chief of Police; Kevin Davis, Fairfax County Chief of Police; and Malik Aziz, Chief of Prince George’s County Police, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema.
Assistant U.S. Attorneys Cristina Stam and Bibeane Metsch prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-192.
California Man Sentenced to Prison for Series of Armed RobberiesRead the Press Release
LAS VEGAS – A California man was sentenced today to 13 years and six months in prison for committing four armed robberies (including two banks and the same Starbucks coffeehouse twice), stealing more than $14,000.
In May 2021, a jury convicted Shamariae Marshon Jones (25), of Pasadena, California, of one count of conspiracy to commit bank robbery, two counts of bank robbery, and one count of brandishing a firearm in a crime of violence. In addition to the prison term, U.S. District Judge Andrew P. Gordon sentenced Jones to three years of supervised release.
According to court documents and evidence presented during the five-day trial, between December 2016 and January 2017, Jones and co-conspirator Edwin Arnold Jr. robbed two banks and a Starbucks coffeehouse, stealing a total of $14,280. During each robbery, Arnold brandished a handgun at employees, demanded money, and threatened to shoot if they did not comply. On January 26, 2017, the FBI's Criminal Apprehension Team arrested Jones and Arnold when the two drove back to Arnold's residence immediately after committing their latest robbery.
Arnold was found guilty of one count of conspiracy to interfere with commerce by robbery, one count of conspiracy to commit bank robbery, two counts of interference with commerce by robbery, two counts of bank robbery, and four counts of brandishing a firearm in a crime of violence. In January 2022, he was sentenced to 29 years in prison.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI made the announcement.
This case was investigated by the FBI and Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Allison Reese prosecuted the case.
The case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Caldwell Man Sentenced to 27 Years in Federal Prison for Possessing Child PornographyRead the Press Release
BOISE – A Caldwell man was sentenced to 324 months in federal prison for possession of child pornography.
According to court records, in May 2020, a citizen witness reported locating child pornography on a cellphone belonging to Kenneth Rowe, 51, of Caldwell. The Idaho Internet Crimes Against Children (ICAC) Task Force obtained a federal search warrant for the cellphone and located over 1,000 files of child pornography, including depictions of prepubescent children and depictions of infants and toddlers engaged in sexual acts. ICAC also located evidence that Rowe had used a messaging application to trade child pornography files with other people and had discussed his desire to sexually abuse a child. Rowe has previously been convicted of other sexual offenses.
Chief U.S. District Judge David C. Nye ordered Rowe to serve a lifetime of supervised release following his prison sentence and to pay $30,000 in restitution to victims in the images he possessed. Judge Nye also ordered Rowe to forfeit the cellphone that was used to commit the offense. As a result of the conviction, Rowe will be required to register as a sex offender.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the Idaho ICAC Task Force and the Canyon County Sheriff’s Office, which led to charges. “We make it a top priority to protect children vulnerable to online sexual predators. The trauma of sexual exploitation can last decades, even a lifetime,” said Gonzalez. “Mr. Rowe’s sentence reflects the seriousness of his crimes and the enduring harm caused when offenders record, preserve, and share images of their abhorrent exploitation of innocent children. Thanks to quick citizen action and a thorough investigation by our partners from Attorney General Wasden and Sheriff Donahue’s offices, this defendant no longer poses a threat to our children,” he concluded.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Brockton Urology Agrees to Pay $100,000 to Resolve Allegations that it Violated the False Claims ActRead the Press Release
BOSTON – The U.S. Attorney’s Office has reached a $100,000 settlement with Brockton Urology Clinic LLC (Brockton Urology), a physician practice located in North Easton, to resolve allegations that it violated federal health care laws resulting in false claims to Medicare.
As detailed in the settlement agreement, in 2011, Brockton Urology entered into an agreement with a Massachusetts hospital which obligated Brockton Urology to administer a “Prostate Cancer Center of Excellence” at said hospital. However, as Brockton Urology admits, the hospital never created a Prostate Cancer Center of Excellence and Brockton Urology never provided a physician to serve as the director of a Prostate Cancer Program. Yet from April 2011 through December 2017, the hospital paid Brockton Urology purportedly pursuant to the agreement and Brockton Urology referred patients to the hospital.
The United States contends that this course of conduct constitutes an unlawful financial relationship between Brockton Urology, a party that referred health services, and the hospital, the entity that billed Medicare for those services. Through this violation of the law, Brockton Urology caused the submission of false claims to Medicare.
“Strict adherence to federal laws and regulations concerning the administration of our health care system is critical,” said United States Attorney Rachael S. Rollins. “These safeguards are designed to protect the United States government from waste, fraud, and abuse. Our Office and its law-enforcements partners are vigilant in our efforts to stop anyone—hospitals, corporations, and even physician practices—that might be cutting corners and failing to follow our health care laws.”
“This settlement sends a clear message that these types of financial arrangements will not be tolerated. We will continue to work with our law enforcement partners to ensure that all medical providers properly follow health care rules and regulations,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of Inspector General. “I appreciate the partnership with the Massachusetts U.S. Attorney’s Office in identifying and prosecuting this type of fraud.”
“The False Claims Act exists to protect the wallets of hard-working taxpayers,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “This settlement with Brockton Urology is a result of our continued efforts to protect the integrity of our health care programs for the patients who depend on them.”
U.S. Attorney Rollins, HHS-OIG SAC Coyne and FBI SAC Bonavolonta made the announcement today. The Department of Defense’s Office of the Inspector General also provided assistance. Assistant U.S. Attorneys Charles B. Weinograd and Jessica J. Weber of Rollins’s Affirmative Civil Enforcement Unit handled the matter.
Baltimore Man Pleads Guilty to Federal Drug Trafficking ChargesRead the Press Release
Baltimore, Maryland – Juawan Davis, age 25, of Baltimore, Maryland, pleaded guilty yesterday to conspiracy to participate in a racketeering enterprise and possession of a firearm in relation to a drug trafficking crime.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Secretary Robert Green of the Maryland Department of Public Safety and Correctional Services; Chief Marcus Jones of the Montgomery County Police Department; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, from 2017 to April 2019, Davis participated in a drug trafficking enterprise (DTO) and self-identified as an “NFL” member. The term “NFL” stands for Normandy, Franklin, and Loudon, which are three adjacent streets that run through the Edmondson Village in Baltimore. Members of NFL have social and familial ties to the Edmondson Village neighborhood in southwest Baltimore. Members of the NFL distributed large quantities of heroin, cocaine base, and fentanyl to drug users and drug redistributors from Maryland, Virginia, West Virginia, and Pennsylvania. In furtherance of the enterprise, NFL members shared narcotics supplies and distributed narcotics on a daily basis, including heroin mixed with fentanyl. Drug customers believed they were purchasing heroin, but in reality, the NFL DTO often altered the heroin with fentanyl or sold fentanyl to customers without any heroin.
As detailed in his plea agreement, intercepted communications identified Davis as a participant in the NFL’s drug trafficking activities. Specifically, Davis obtained heroin and fentanyl in distribution quantities from other NFL members, which he then sold to customers on a regular basis. Davis agrees that it was reasonably foreseeable to him that he and other NFL members distributed over one kilogram of heroin during his participation in the DTO.
Davis also intimidated, threatened, and publicly shammed people who the enterprise thought to be cooperating with law enforcement. For example, on January 11, 2018, Davis posted a photo of a former NFL drug distributor on social media, in which Davis identified the former distributor as a “rat” or a person who cooperated with law enforcement. Similarly, on January 31, 2018, Davis posted discovery information from a state prosecution which identified a witness in the case. Davis made this post to assist an NFL member who was pending trial in that case. The witness later refused to testify in state court and the case was dismissed against the NFL member.
As stated in his plea agreement, on December 20, 2018, an associate of Davis’ contacted him and asked for a handgun. Davis agreed to provide this associate with one of his handguns. Davis then traveled to his Baltimore home and shared a live stream video of himself brandishing a pistol. Shortly after retrieving the pistol from his home, the law enforcement stopped Davis at a nearby gas station where agents searched his car and recovered 40 grams of a heroin fentanyl mix and a pistol loaded with ammunition.
Davis and the government have agreed that, if the Court accepts the plea agreement, Davis will be sentenced to 13 years in federal prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for May 23, 2022, at 1:00 p.m.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the FBI, DEA, DPSCS, the Montgomery Police Department, and the Baltimore Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Peter J. Martinez and John W. Sippel, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile.
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Atlantic Woman Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – Amanda Marie Belnap, age 34, of Atlantic, was sentenced yesterday to 120 months in prison for Conspiracy to Distribute Methamphetamine. Her term of imprisonment will be followed by five years of supervised release. According to court documents Belnap pleaded guilty to the charge on September 2, 2021.
Between July 2020 and May 2021, Belnap obtained approximately 16 pounds of methamphetamine at her home in Atlantic from a source in California through the mail. On May 6, 2021, in an interview with law enforcement, Belnap admitted she had received and distributed the methamphetamine. On May 8, 2021, the United States Postal Service intercepted another package mailed to Belnap from her source in California that contained approximately 900 grams of methamphetamine. As part of the conspiracy, Belnap distributed the methamphetamine to people in locations across the Southern and Northern Districts of Iowa and would send money back to the source in California.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa Division of Narcotics Enforcement, Cass County Sheriff’s Office, Southwest Iowa Narcotics Enforcement Task Force, Muscatine County Drug Task Force, Johnson County Drug Task Force, Tri County Drug Task Force, and the Iowa State Patrol investigated the case. This case was prosecuted by the United States Attorney’s Offices for the Southern District of Iowa.
Albuquerque man pleads guilty to possession of child pornography and making false claims against the governmentRead the Press Release
ALBUQUERQUE, N.M. – Bobby Peña, 46, of Albuquerque, pleaded guilty on Feb. 10 in federal court to possession of visual depictions of minors engaged in sexually explicit conduct and false claims against the government. A federal grand jury indicted Peña on Oct. 9, 2019.
According to the plea agreement and other court records, Peña was the owner and sole operator of De La Peña LLC. From May 2008 to June 2017, Peña worked as a subcontractor to Sandia National Laboratories (SNL) in Bernalillo County, New Mexico, and entered into a contract with SNL and the United States Department of Energy to provide specialized cleaning services, including air particle count monitoring and cleanroom cleaning services, for three buildings at SNL.
Between July 1, 2015, and Feb. 28, 2017, Peña fraudulently submitted invoices totaling $47,025 for air particle count monitoring and $6,000 for cleanroom cleaning services that had not been performed. In the plea agreement, Peña admitted to fraudulently submitting invoices for an additional $14,850 for air particle count monitoring and $2,250 for cleanroom cleaning services. Peña received a total of $70,125 from the Department of Energy for services for which he had fraudulently invoiced SNL but had not performed.
In connection with the investigation into Peña’s illegal activities, law enforcement executed a search warrant at the De La Peña business address on Dec. 13, 2017. During the search, investigators seized several electronic devices, including three external hard drives. Forensic analysis of the devices revealed approximately 3,972 images and 58 videos of child pornography, material that included depictions of minors engaged in sexually explicit conduct.
The false claims charges carry a statutory maximum of up to five years in prison and up to three years of supervised release. Peña faces a statutory maximum of up to 20 years in prison and a minimum of five years and up to life of supervised release for possession of child pornography.
The Department of Energy Office of the Inspector General investigated this case.
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Albuquerque man pleads guilty to drug trafficking and illegal firearms possessionRead the Press Release
ALBUQUERQUE, N.M. – Richard “Fat Jesus” Wheeler, 38, of Albuquerque, pleaded guilty in federal court on Feb. 10 to an indictment charging him with three counts of distribution of 50 grams and more of a mixture and substance containing methamphetamine, two counts of using and carrying a firearm during, in relation to, and in furtherance of a drug trafficking crime, one count of possession with intent to distribute 40 grams and more of a mixture and substance containing fentanyl and one count of being a felon in possession of a firearm and ammunition. Wheeler will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Wheeler on August 25, 2021. According to the plea agreement and other court records, on July 16, 2021, Wheeler, who was armed with a Glock pistol, sold 112.6 grams of methamphetamine to an undercover law enforcement officer for $1,200. On July 19, 2021, Wheeler sold 205.8 grams of methamphetamine to an undercover officer for $2,000. On July 22, 2021, Wheeler sold 454.6 grams of methamphetamine to an undercover officer for $4,000.
On July 27, 2021, the New Mexico State Police arrested Wheeler and searched his vehicle. Police found two loaded firearms, approximately 1,500 fentanyl pills and $4,000 in cash. In his plea agreement, Wheeler admitted that he intended to sell the fentanyl pills and that he possessed the firearms in relation to drug trafficking.
By the terms of the plea agreement, Wheeler faces 15 to 17 years in prison.
The FBI’s Albuquerque Violent Crime Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant United States Attorneys Jaymie L. Roybal and Alexander Uballez are prosecuting the case.
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Accountant sentenced for tax evasion after failing to report money embezzled from Alamogordo non-profitRead the Press Release
ALBUQUERQUE, N.M. – Marion L. Ledford, 67, of Alamogordo, New Mexico, was sentenced in federal court on Feb. 14 to one year and six months in prison for tax evasion for submitting a personal income tax return on April 28, 2016, that substantially underreported Ledford’s taxable income for 2015. Ledford pleaded guilty on Nov. 20, 2019.
According to the plea agreement and other court records, Ledford was a director for the Robert W. Hamilton Foundation, a non-profit organization providing scholarships to high school graduates in Otero County, New Mexico. Ledford controlled the foundation’s finances without oversight. For over five years, Ledford used his position of trust to write checks to himself totaling $1,785,300 from the foundation’s accounts.
Ledford filed tax returns, prepared by the CPA firm where he was a partner, for 2011 to 2016 that reported some of his income, but he did not provide any information regarding the receipt of this additional income and did not report the additional money he embezzled from the foundation. As a result, in addition to taking money from the foundation, Ledford avoided payment of $629,289 in taxes owed to the United States.
Upon his release from prison, Ledford will be subject to three years of supervised release. Ledford was ordered to pay restitution in the amount of $1,785,300 to the Robert W. Hamilton Foundation and shall pay $629,289 to the Internal Revenue Service.
The Internal Revenue Service – Criminal Investigation investigated this case. Assistant United States Attorney Richard C. Williams prosecuted the case.
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60-Year-Old Mason City Drug Dealer Sentenced to Federal PrisonRead the Press Release
A Mason City man who was part of a conspiracy to distribute methamphetamine and heroin with his son was sentenced February 11, 2022, to more than 17 years in federal prison.
Charleton Maxwell, age 60, from Mason City, Iowa, received the prison term after a July 9, 2021, jury verdict finding him guilty of one count of conspiracy to distribute methamphetamine and heroin, two counts of distribution of heroin, and one count of distribution of heroin and methamphetamine.
Evidence at trial showed that Charleton Maxwell, and his son, Antione Maxwell, who is set to be sentenced at a later date, conspired to distribute large quantities of methamphetamine and heroin in and around Mason City between January 2018 and October 2020. Both Charleton and Antione were caught distributing methamphetamine and heroin. Testimony at trial showed that both defendants were involved in a long-term conspiracy involving numerous others to distribute pounds of methamphetamine as well as heroin in the Mason City area.
Maxwell was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Maxwell was sentenced to 210 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system.
Maxwell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Jack Lammers and investigated by North Central Iowa Drug Task Force, the Cerro Gordo Sheriff’s Office, the Mason City Police Department, the Iowa Division of Narcotics Enforcement, and the Clear Lake Police department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3044.
Follow us on Twitter @USAO_NDIA.
3 Central Ohio health providers to pay more than $3 million for improper claims submitted to Medicare and Ohio Bureau of Workers’ CompensationRead the Press Release
COLUMBUS, Ohio – The United States and the Ohio Bureau of Workers’ Compensation have reached three related settlements totaling more than $3 million with Orthopedic & Neurological Consultants, New Albany Surgery Center, and Mount Carmel Health System, for improper claims submitted to Medicare and the Ohio Bureau of Workers’ Compensation.
Orthopedic & Neurological Consultants (OrthoNeuro) is a large orthopedic practice in Central Ohio. One of its doctors and part owner, Robert Nowinski, now deceased, billed for certain complex shoulder surgeries that either did not occur within the standard of care or did not occur at all. Dr. Nowinski routinely billed for complex, time-consuming shoulder surgeries despite spending a fraction of the time in the operating room as would be expected and required to complete such surgeries. He frequently did not use the specific supplies required for the designated surgery.
Nowinski used the operating room facilities at New Albany Surgery Center (NASC), an ambulatory surgery center and a joint venture with OrthoNeuro and Mount Carmel Health, and at Mount Carmel’s New Albany Surgical Hospital.
NASC and Mount Carmel billed “facility fees” to Medicare and Ohio BWC relating to the surgeries allegedly performed at those facilities by Dr. Nowinski. OrthoNeuro billed Medicare and Ohio BWC for Dr. Nowinski’s professional services involved in the suspect procedures.
As part of the settlement, OrthoNeuro will pay $498,182 to Medicare and $533,482 to BWC; NASC will pay $772,650 to Medicare and $468,406 to BWC; and Mount Carmel will pay $760,901 to Medicare and $156,139 to BWC.
While the settling parties did not appear to intentionally submit false claims arising from Dr. Nowinski’s surgical procedures, the government concluded that there was evidence that should have provided notice of Dr. Nowinski’s wrongdoing to the settling parties.
“The United States will aggressively pursue providers that bill for services not performed within the appropriate standard of care, as well as entities whose compliance programs fail to identify egregious wrongdoing by their providers. Here, the settling parties have fully cooperated with the government’s investigation and promptly worked with the United States and Ohio BWC to reach a swift and equitable resolution,” said U.S. Attorney Kenneth L. Parker.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Stephanie McCloud, Administrator of the Ohio Bureau of Workers’ Compensation; the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG); J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and the U.S. Department of Labor announced the charges. Civil Chief Andrew M. Malek and Assistant U.S. Attorney Kenneth F. Affeldt are representing the United States in this case.
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14 February 2022
York County Man Sentenced to 100 Months’ Imprisonment for Drug Trafficking and A Firearm OffenseRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania has announced that on February 10, 2022, William Dwayne Shelton, age 50, of Hanover, Pennsylvania, was sentenced by U.S. District Court Judge Jennifer P. Wilson to 100 months’ imprisonment for possession with intent to distribute heroin and cocaine hydrochloride and possessing a firearm in furtherance of drug trafficking.
According to United States Attorney John C. Gurganus, law enforcement executed a search warrant at Shelton’s residence in Hanover, based upon his involvement in narcotics trafficking. During the search of the residence, law enforcement officers seized cocaine, heroin, processing materials, firearms, ammunition, and cash.
The Federal Bureau of Investigation Safe Streets Task Force, Pennsylvania State Police, York County Drug Task Force and Penn Township Police Department conducted the investigation. Assistant United States Attorney Daryl F. Bloom 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 and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin and opioid 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 was also 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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Washington County Man Pleads Guilty to Possessing Destructive Devices and Other FirearmsRead the Press Release
BINGHAMTON, NEW YORK – Daniel Day, age 35, of Argyle, New York, pled guilty today to unlawful possession of destructive devices, and to the unlawful possession of other firearms and ammunition as a felon.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Day has a prior felony conviction for unlawfully possessing a firearm as a user of a controlled substance. In pleading guilty today, he admitted to possessing the component parts necessary to readily assemble and create three homemade, improvised explosive devices at his residence in Argyle on August 5, 2021. Day also admitted to possessing other firearms and ammunition at his residence, including a submachinegun, a sawed-off shotgun, and a 3D-printed pistol without a serial number. None of the firearms were registered to Day as required by federal law. As part of his plea agreement, Day agreed to abandon all the bomb-making materials and chemicals, firearms, firearm parts and ammunition found at his residence.
Sentencing is scheduled for June 14, 2022, before Senior United States District Judge Thomas J. McAvoy in Albany, New York, at which time Day faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI’s Joint Terrorism Task Force (JTTF), which includes members of the FBI and New York State Police, and is being prosecuted by Assistant U.S. Attorneys Alexander Wentworth-Ping and Richard Belliss.
Vice President of Modesto Hells Angels Motorcycle Club Sentenced to 5 Years in Prison for Drug Trafficking ChargesRead the Press Release
FRESNO, Calif. —Michael Shafer, 34, of Modesto, was sentenced Friday to five years in prison for conspiring to distribute and possess with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute marijuana, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Shafer was the vice president of the Hells Angels Motorcycle Club in Modesto in 2019. As part of a years-long investigation into the Hells Angels Motorcycle Club, investigators obtained a court-authorized wiretap for Shafer’s phone. The wiretapped calls and messages showed that Shafer was conspiring to distribute marijuana and heroin. Specifically, in April 2019, Shafer conspired with a former Hells Angels member who was incarcerated in Pleasant Valley State Prison to smuggle heroin into prison.
This case was the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service-Criminal Investigation, the Modesto Police Department, the Turlock Police Department, the Stanislaus County District Attorney’s Office, the California Department of Corrections and Rehabilitation, and the California Highway Patrol. Assistant U.S. Attorneys Ross Pearson and Laurel Montoya 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 www.justice.gov/OCDETF.
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.
U.S. Attorney’s Office for the Middle District of Louisiana Commemorates National Teen Dating Violence Awareness and Prevention MonthRead the Press Release
February is Teen Dating Violence Awareness and Prevention Month (TDVAPM), a time to raise awareness about this all-too-common issue, focus efforts on ending the violence, and share resources for teens experiencing violence, survivors, and their communities. The U.S. Attorney’s Office for the Middle District of Louisiana is proud to stand with survivors and share a new resource funded by the Department of Justice Office on Violence Against Women (OVW), the Teens and Technology Resource Series. There is a significant intersection of technology and teen dating violence, and misuse of technology is an increasingly common tactic on the part of harmful partners. The Teens and Technology resources aim to help adults who teach, work with, and care for teenagers understand technology from their perspective to empower teenagers to safely navigate relationships and technology use. These resources include examples of technology abuse, uses and misuses of social media applications, and five ways to engage with young people.
United States Attorney Gathe stated, “With domestic abuse on the rise, it often starts with teens. Because young adolescents are some of our most vulnerable population, our office encourages adults and teens to take advantage of our Teens and Technology Resource Series. Hopefully, the more educated we are about teen dating violence, we can break the cycle that has plagued our community.”
“The pandemic has made everything more challenging – for children and youth, advocates across the country have reported an uptick in online abuse as younger folks spend more time spent online,” said OVW Principal Deputy Director Allison Randall. “The Teens and Tech Resource Series can help adults meaningfully engage with young people, empowering them to recognize abuse and unhealthy relationships, prevent future violence, and use technology safely. Teen Dating Violence Awareness and Prevention Month gives us the opportunity to put a spotlight on these projects, as well as OVW’s year-round commitment to ending dating violence.”
The National Network to End Domestic Violence (NNEDV) Safety Net Project developed the Teens and Tech Resource Series in partnership with eleven24, a teen violence prevention program dedicated to reducing the prevalence of relationship abuse and sexual violence through media literacy and identity affirmation.
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
If you or someone you know is experiencing domestic violence, intimate partner violence, sexual violence, or stalking, there are many services available to help, including:
- Teen Dating Abuse Hotline, 1-866-331-9474, text ‘LOVEIS’ to 22522, or visit loveisrespect.org;
- State, territory and tribal sexual assault and domestic violence coalitions, which can direct you to local resources and services, as well as opportunities to get involved; and
- The StrongHearts Native Helpline, which offers online chat on their website and a hotline – at 1-844-7NATIVE (or 1-844-762-8483) and provides culturally-appropriate services and advocacy to American Indian and Alaska Native survivors of domestic violence, intimate partner violence, and sexual violence.
U.S. Attorney Parker announces district priorities, management teamRead the Press Release
CINCINNATI – Kenneth L. Parker, United States Attorney for the Southern District of Ohio, today announced priority areas and appointments to his management staff.
“Every matter we handle is significant, and this office is dedicated to pursuing justice every day, in every matter,” said U.S. Attorney Parker. “Under my leadership, we will emphasize efforts related to national security, narcotics, gun violence, public corruption, civil rights, elder abuse and fraud, child exploitation, cybercrimes and environmental matters. We will work to protect every person in the Southern District of Ohio, and especially vulnerable populations like children and the elderly.”
Parker oversees a staff of approximately 125 people, including 65 Assistant United States Attorneys.
Management staff appointments were effective Feb. 11. They include:
First Assistant United States Attorney Salvador A. Dominguez
Mr. Dominguez was named First Assistant U.S. Attorney. This position is the number two position in the U.S. Attorney's Office and is responsible for overseeing the day-to-day operations of the office. Dominguez has been an Assistant U.S. Attorney since 1989, serving in a number of roles throughout his tenure. Dominguez served as the District’s First Assistant and Criminal Chief from July 1997 through February 2001 and as Interim United States Attorney in 2001. Prior to that, he served in the Criminal Division as the Project Safe Neighborhood/Violent Crimes Coordinator. A U.S. Navy Veteran, Captain Dominguez retired from the Navy in 2017 following 32 years of combined active-duty and service in the Navy’s Reserve component, which included three separate Commanding Officer tours and service as both a trial judge and a term on the Navy and Marine Corps Court of Criminal Appeals. Dominguez is a graduate of Wabash College and received his law degree from Indiana University.
Executive Assistant United States Attorney Christy L. Muncy
Ms. Muncy will be responsible for supervising a number of personnel and handling some issues related to Department of Justice reporting requirements and special projects. In addition, Muncy will lead the District’s Litigation Support Unit. Muncy served as the Organized Crime and Drug Enforcement Task Force Chief from 2019 to 2022. Muncy has also served as the District’s Project Safe Childhood Coordinator. She has served as a criminal Assistant U.S. Attorney since 2007. Prior to joining the U.S. Attorney’s Office, Muncy was First Assistant Commonwealth Attorney for Kenton County, Kentucky, from 2002-2007. Muncy is a graduate of Eastern Kentucky University and the Syracuse University School of Law.
Criminal Chief Karl P. Kadon
Mr. Kadon will continue as District Criminal Chief, a post he has held since November 2019. Kadon began serving as an Assistant U.S. Attorney in the Cincinnati Criminal Division in 2006. He also served as the District’s Chief of the Organized Crime and Drug Enforcement Task Force from May 2019 to November 2019, as the Chief of the Counter-Terrorism Section in the Office of the Justice Attaché at U.S. Embassy Kabul in 2010-11, and as the Justice Attaché at U.S. Embassy Kabul in 2016. Prior to joining the U.S. Attorney’s Office, Kadon served as Chief Assistant Prosecuting Attorney for the Hamilton County Prosecutor’s Office and as Deputy City Solicitor/Chief of Litigation for the City of Cincinnati Law Department. Kadon served 28 years as a U.S. Army Reserve Judge Advocate, with active service in the Persian Gulf, Afghanistan and other locations. Kadon graduated from Miami University and earned his law degree from Northern Kentucky University’s Chase College of Law.
Kadon will be assisted in his Criminal Chief Duties by four Deputy Criminal Chiefs. They are:
Brian J. Martinez, Deputy Criminal Chief (Columbus)
Mr. Martinez has served as the Deputy Criminal Chief in the Columbus office since 2019. Martinez joined the U.S. Attorney’s Office in 2014. He served as the Chief of Staff for the Associate Attorney General of the United States from 2012 to 2014 and as the Chief of Staff of the Justice Department’s Civil Division from 2009 to 2012. Prior to his work at the Department, Martinez was an associate at Morrison & Foerster LLP in San Francisco from 2003 to 2009. Martinez clerked for the Hon. Thelton Henderson of the United States District Court for the Northern District of California. He attended Stanford University for both his undergraduate education and law school.
Emily N. Glatfelter, Deputy Criminal Chief (Cincinnati)
Ms. Glatfelter has served as a Deputy Criminal Chief in the Cincinnati office since 2015. She joined the U.S. Attorney’s Office in Cincinnati in 2012, primarily handling financial crimes matters. She previously served in the Criminal Division of the U.S. Attorney’s Office District of Maryland, beginning in 2006. She earned her bachelor’s degree from Butler University and her law degree from Indiana University before working for Arnold & Porter LLP in Washington D.C. She also clerked for the Hon. David F. Hamilton while he served as U.S. District Judge for the Southern District of Indiana.
Brent G. Tabacchi, Deputy Criminal Chief (Dayton)
Mr. Tabacchi has served as a Deputy Criminal Chief in the Dayton office since 2021. He joined the U.S. Attorney’s Office in Dayton in 2007, handling the prosecution of drug organizations and financial crimes. He previously served in the Criminal Division in the U.S. Attorney’s Office in the Central District of California. In the early 2000s, he worked as an associate at Sidley Austin LLP in Chicago and as a law clerk for the Hon. Kenneth F. Ripple, Judge for the U.S. Seventh Circuit Court of Appeals. He graduated from the University of Illinois with his bachelor’s degree and law degree.
Kelly A. Norris, Deputy Criminal Chief (Organized Crime & Drug Enforcement Task Force)
Ms. Norris joined the U.S. Attorney’s Office in Columbus in 2018, primarily handling narcotics and gun cases. During her tenure, she has been the District’s Project Safe Neighborhood (PSN) Coordinator. She previously served in the Criminal Division of the U.S. Attorney’s Office for the Eastern District of Tennessee, beginning in 2008. She earned her bachelor’s degree from Xavier University and her law degree from the Valparaiso University School of Law before working for the Ohio Attorney General’s Office as an Assistant Attorney General in the Health Care Fraud Section.
Civil Chief Andrew M. Malek
Mr. Malek has been an Assistant U.S. Attorney since 2002, initially handling defensive civil matters, then focusing on affirmative civil matters as the Affirmative Civil Enforcement Coordinator then as the District Deputy Civil Chief. Prior to joining the U.S. Attorney’s office, Malek served as staff counsel to the Chapter 13 Bankruptcy Trustee in Columbus, Judicial Law Clerk to the Hon. Donald E. Calhoun, Jr., of the U.S. Bankruptcy Court in Columbus, and as a commercial litigation attorney in Los Angeles. Malek received his bachelor’s degree from the State University of New York at Binghamton and his law degree from The Ohio State University.
Deputy Civil Chief Brandi Stewart
Ms. Stewart joined the U.S. Attorney’s Office in Dayton in 2014, where she defended the United States and its agencies in a wide array of civil suits brought against the government. She currently serves in the Affirmative Civil Enforcement division in Cincinnati where she primarily investigates and prosecutes fraud and civil rights cases on behalf of the United States. She earned her bachelor’s degree from Vanderbilt University and received her Juris Doctor from the University of Kentucky Rosenberg College of Law. Prior to joining the U.S. Attorney’s Office, Stewart was in private practice at a large Cincinnati-based law firm practicing civil litigation.
Appellate Chief Mary Beth Young
Ms. Young will continue as Appellate Chief, a position she has held since 2016, with supervisory responsibility for criminal and civil filings in the Court of Appeals and coordination of the District’s appellate practice with other divisions of the Department of Justice. Young became an Assistant U.S. Attorney in 2012 in Columbus after serving two years as a Special AUSA. Prior to joining the District, Young was in private practice in Columbus and served as a Visiting Assistant Professor at the Moritz College of Law. Young received her B.S. from the University of Kentucky, her M.S. from Georgia Tech, and her J.D. from the University of Chicago. Following law school, Young served as law clerk to Judge David Sentelle of the United States Court of Appeals for the D.C. Circuit, then to Justice Antonin Scalia of the United States Supreme Court.
Senior Litigation Counsel Heather A. Hill
Ms. Hill will continue as the District’s Senior Litigation Counsel (SLC), a position she has held since April 2021. As the SLC, Hill is responsible for legal training and development. She joined the U.S. Attorney’s Office in Columbus in 2011 and served as the District’s Project Safe Childhood (“PSC”) Coordinator from 2012 until 2021. She previously served as an Assistant U.S. Attorney in Washington D.C. from 2007 to 2011. Prior to beginning her career as an assistant federal prosecutor, Hill clerked for the Hon. Robert I. Richter while he served on the Criminal Division of the D.C. Superior Court. She received her law degree from the George Washington University Law School and her bachelor’s degree in Journalism from the University of Missouri.
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Two Gang Members Sentenced to 12 Years in Federal Prison for Armed Robbery and Shooting at Beverly Hills RestaurantRead the Press Release
LOS ANGELES – Two South Los Angeles men were each sentenced today to 144 months in federal prison for committing an armed robbery last year on the crowded patio of a Beverly Hills restaurant in which one customer had a gun held to his head while the robbers removed his $500,000 wristwatch, and a second restaurant patron was shot and wounded.
Malik Lamont Powell, 21, and Khai McGhee, 18, a.k.a. “Cameron Smith,” were sentenced by United States District Judge John F. Walter, who called the crime “outrageous and unacceptable.”
“These types of robberies, which are becoming more and more prevalent in our community, have to stop,” Judge Walter said.
Each defendant pleaded guilty in September 2021 to three felony counts: conspiracy to interfere with commerce by robbery, interference with commerce by robbery, and using and discharging a firearm during a crime of violence.
A third defendant who participated in the robbery – Marquise Anthony Gardon, 41, also of South Los Angeles – pleaded guilty in September 2021 to two felonies: interference with commerce by robbery, and using and discharging a firearm during a crime of violence. Gardon is scheduled to be sentenced on February 28 by Judge Walter.
The three defendants – each of whom is a documented member of the Rollin’ 30s Crips street gang – drove to Beverly Hills on the afternoon of March 4 to commit an armed robbery. After scouting Beverly Hills for potential victims, the defendants decided to target a man wearing a Richard Mille wristwatch who was seated in the outdoor dining section of the Il Pastaio restaurant.
During the robbery, the victim was held at gunpoint. A struggle for the gun ensued, and at least two rounds were discharged from the firearm, one of which struck another restaurant patron in the leg. The gun was left at the scene, but the robbers fled with the watch, which was worth approximately $500,000.
“[Powell] and his co-conspirators’ decision to hold a loaded firearm to [a victim’s] head is especially troubling,” prosecutors argued in a sentencing memorandum. “This type of robbery where firearms are brandished, and discharged, leaves severe, lasting trauma that victims carry with them their entire lives.”
The FBI and the Beverly Hills Police Department investigated this matter.
Assistant United States Attorneys Joseph D. Axelrad and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section prosecuted this case.
Three Indicted by Federal Grand Jury in Henderson Drug OverdosesRead the Press Release
Henderson, Kentucky – On February 9, 2022, a federal grand jury in Bowling Green, Kentucky returned two indictments charging two men and one woman with distributing fentanyl and other substances that resulted in the death and serious bodily injury of others in the Henderson area.
According to court documents, Destinee Vargason, 25, and Seth Stout, 21, both of Morganfield, Kentucky, are alleged to have conspired to distribute fentanyl and alprazolam between July 31, 2021 and October, 2021. The Indictment also alleges that the distribution of these substances resulted in the death of the victim, “T.F.”
Additionally, in a separate indictment, Coriyahvon Lamont Outlaw, 30, of Evansville, Indiana, is alleged to have distributed fentanyl to another on or about December 6, 2021, and the distribution of the fentanyl resulted in the serious bodily injury of the victim, “J.F.”
Vargason and Stout are charged with Conspiracy to Possess with Intent to Distribute a Controlled Substance resulting in Death. Outlaw is charged with Distribution of Fentanyl Resulting in Serious Bodily Injury. If convicted as charged, the defendants each face a mandatory minimum sentence of 20 years and a maximum of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Drug Enforcement Administration Assistant Special Agent in Charge Michael Gannon made the announcement.
The Drug Enforcement Administration, Pennyrile Narcotics Task Force, Henderson County Sheriff’s Office, and Henderson County Detention Center are investigating the case.
Assistant U.S. Attorney Frank Dahl is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Texas Parolee Sentenced to 10 years in Cocaine ConspiracyRead the Press Release
United States Attorney Jan W. Sharp announced that Isaac Johnson, 52, of Texas, who was on parole for a drug offense in Houston, was sentenced on February 14, 2022, for conspiring to distribute more than 500 grams of cocaine. Senior United States District Judge Joseph F. Bataillon sentenced Johnson to 120 months’ imprisonment and an 8-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system. On November 4, 2021, Johnson was found guilty by a jury following a trial in his case.
Between October 2017 and February 17, 2019, Johnson would drive from Houston to Omaha to supply cocaine to co-defendants Anthony Moore and Robert Harris-Hearnes, both local cocaine distributors for a drug trafficking organization (DTO). Agents from the Federal Bureau of Investigation intercepted communications between the conspirators in a court authorized wiretap. Those intercepts revealed a planned meeting in which Johnson would resupply the DTO with additional cocaine. Agents monitored ongoing communication, tracked Johnson’s cell phone and tracked his location. This evidence culminated in the simultaneous execution of three separate search warrants executed on February 17, 2019. Johnson’s vehicle was stopped by law enforcement as it arrived at Moore’s Omaha home. Hidden within a door panel to Johnson’s vehicle was more than one half pound of powder cocaine. Additional powder cocaine, several thousand dollars in currency, a money counter, drug scales, packaging, and cutting agents were also found within Moore’s home. Narcotics, firearms, and currency from additional searches paired with wiretap evidence of the cocaine conspiracy established a wide-ranging organization responsible for the distribution of kilograms of cocaine.
On December 17, 2020, Harris-Hearnes was sentenced to 7-10 years in the Nebraska Department of Corrections. On June 21, 2021, Anthony Moore was sentenced to 60 months for conspiracy to distribute cocaine to be followed by 4 years supervised release.
This case was investigated by the Federal Bureau of Investigation, the Douglas County Sheriff’s Department, and Omaha Police Department and was part of an operation by the Greater Omaha Safe Streets Task Force.
Tampa Man Sentenced to 10 Years in Federal Prison for Distributing Cocaine While Carrying A FirearmRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Georgi Milenov Solakov (29, Tampa) to 10 years in federal prison for possessing with the intent to distribute 500 grams or more of cocaine and for carrying a firearm during and in relation to a drug trafficking crime. Solakov had pleaded guilty on September 2, 2021.
According to court documents, beginning in approximately April 2020, Solakov and a confidential informant (CI) exchanged text messages in which Solakov offered to sell narcotics to the CI. Solakov also asked if the CI needed any firearms and stated that he had some brand-new AR-15s that he could sell to the CI for a “great deal.” In March 2021, Solakov sold 174 MDMA (ecstasy) pills, a rifle, 379 rounds of ammunition, and approximately one kilogram of cocaine to the CI.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Orlando Police Department. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
This is another case 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 Middle District of Florida, U.S. Attorney Roger B. Handberg coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Tampa Man Pleads Guilty to Filing A False Tax ReturnRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that Steven Brickner has pleaded guilty to filing a false tax return. Brickner faces a maximum penalty of three years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, in 2017, Brickner raised money from investors allegedly for use in the creation of a marijuana growing and distribution enterprise. Brickner failed to report to his tax preparer approximately $1.05 million of “income” that he had earned during that tax year. The source of that income was the investment activity that he operated during 2017. Brickner used a significant portion of that income to purchase high-end vehicles for his own use and for other purposes and activities that were not business-related. Had Brickner reported all of those funds as “income,” the inclusion of these funds would have resulted in a substantial amount of an additional tax due and owing by him for that year. Thus, Brickner’s failure to report the income caused a significant loss of tax revenue to the United States.
This case was investigated by the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
St. Croix Man Sentenced to Ten Years in Federal Prison and Fifteen Years of Supervised Release for Transporting a Minor Female to Engage in Illegal Sexual ActivityRead the Press Release
ST. Thomas, USVI – U.S. Attorney Gretchen C.F. Shappert announced that District Court Judge, Wilma A. Lewis, today sentenced Zayvon Acoy, 31, to 120 months in prison and 15 years of supervised release, following his guilty plea to Transportation of a Minor with the Intent to Engage in Criminal Sexual Activity
According to court documents, on or around May to June, 2017, Acoy conspired with his co-defendant to transport the minor by vehicle from the Peter’s Rest area in St. Croix to his co-defendant’s residence in the vicinity of Beeston Hill, for the co-defendant to engage in sexual activity with the minor. The minor entered the residence and engaged in sexual activity as instructed by the defendant. After the sexual activity was concluded, the co-defendant gave the defendant cash as payment for the minor performing the sex act.
Judge Lewis also imposed a fine of $1,000; a special assessment of $100; and an additional special assessment of $5,000. The court will schedule a mandatory restitution proceeding at a later date.
This case was investigated by the Virgin Islands Police Department and Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorney Everard E. Potter.
St. Croix Man Apprehended in the John F. Kennedy Housing Community Pleads Guilty to Felon in Possession of a Loaded 9mm HandgunRead the Press Release
St. Croix, USVI – U.S. Attorney Gretchen C.F. Shappert announced today that a St. Croix man pleaded guilty on Friday, February 11, 2022 to felon in possession of a firearm.
According to court documents, on September 3, 2020, police officers were patrolling in the John F. Kennedy housing community. As they were approaching building 29, a group of male individuals were sitting in the archway of the building. Jahseen Simmonds, 29, ran up the stairs of the building and into an apartment on the second floor. When police knocked on the apartment door, Defendant exited the apartment and when he was asked if he lived in the apartment, he said "no." Police again knocked on the door and a female resident and a male came to the door, who stated that they did not give permission to Defendant to enter the apartment. After receiving consent to search the apartment, the police found a 9mm handgun, with 1 live 9mm round in the chamber and 15 live 9mm rounds in the magazine. There were also 31 live 9mm rounds in the extended magazine. These items were located on the balcony where Defendant had been. The residents stated that the firearm was not on the balcony before the defendant ran into the apartment and that it did not belong to them.
Defendant had previously been convicted of possession of a firearm while under indictment, a crime punishable for a term exceeding one year and the firearm was shipped in interstate commerce.
Simmonds pleaded guilty to felon in possession of a firearm. He is scheduled to be sentenced on June 15, 2022 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Virgin Islands Police Department and the Drug Enforcement Administration are investigating the case.
Assistant U.S. Attorney Rhonda Williams-Henry is prosecuting the case.
This case is part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.
St. Bernard Man Charged with Conspiring to Commit Student Aid FraudRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that ROBERT JOHN, age 46, from St. Bernard, Louisiana, was indicted on February 11, 2022 for conspiring to commit student aid fraud.
The indictment charged JOHN with one count of conspiring with others to submit fraudulent applications for student loans and grants to two local community colleges, using the names of seven different applicants. According to the indictment, in total, the Department of Education paid over $74,000 in loan and grant funds in connection with the fraudulent applications. The applications contained false information for all applicants, and a few of the applicants did not even qualify for community college because they had not graduated high school or obtained GEDs.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, JOHN faces up to five years in prison, up to three years of supervised release, a fine of up to $250,000 or twice the gross gain to JOHN or the gross loss to any victims, as well as a mandatory $100 special assessment fee per count.
U.S. Attorney Evans praised the work of the Department of Education Office of Inspector General and the United States Postal Inspection Service. Assistant United States Attorney Nicholas D. Moses is in charge of the prosecution.
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Romanian National Sentenced for Role in Multi-State ATM Skimming SchemeRead the Press Release
BOSTON – A Romanian national was sentenced today in federal court in Boston on racketeering conspiracy charges relating to an ATM skimming operation that stretched throughout Massachusetts and other states including Connecticut, New York and South Carolina.
Dragush Nelo Hornea, 26, was sentenced by U.S. Senior District Court Judge William G. Young to 21 months in prison and one year of supervised release. Dragush Hornea will be subject to deportation proceedings upon completion of his sentence. Judge Young also ordered Hornea to pay restitution in the amount of $90,452 and issued a forfeiture money judgment of $18,090.54. On Oct. 5, 2021, Dragush Hornea pleaded guilty to one count of conspiracy to conduct enterprise affairs through a pattern of racketeering activity (more commonly known as RICO conspiracy) and one count of conspiracy to use counterfeit access devices. Dragush Hornea was extradited from Germany to the District of Massachusetts in April 2021 after being indicted in May 2017.
Dragush Hornea was a member of the Hornea Crew, led by co-conspirators Constantin Denis Hornea and Ludemis Hornea. Over a period of 18 months, the Crew engaged in an ATM skimming scheme to steal debit card numbers and PINs from unsuspecting bank customers in Massachusetts, Connecticut, South Carolina, Georgia and other locations within the United States. Members of the Crew installed skimming devices in the following locations: Amherst, Bellingham, Billerica, Braintree, Chicopee, Quincy, Southwick, Waltham, Weymouth and Whately, Mass.; Enfield, Conn.; Columbia, Greenville, Greenwood, Mauldin, and Saluda, S.C.; Savannah, Ga.; and Yadkinville, N.C. The stolen information was then used by Hornea and other co-conspirators to clone the victim customers’ debit cards and make unauthorized withdrawals from victim bank accounts at ATMs throughout the United States. In total, the skimming activities resulted in hundreds of thousands of dollars in losses.
Dragush Hornea was indicted with 13 co-defendants in May 2017, along with another co-defendant charged in a superseding indictment. All 15 defendants have pleaded guilty and those sentenced have received sentences ranging from one year and one day to 65 months in prison.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistance with the investigation was also provided by the Internal Revenue Service’s Criminal Investigations in Boston; U.S. Secret Service; U.S. Postal Service; Massachusetts Department of Correction; U.S. Customs and Border Protection; the Amherst, Billerica, Braintree, Boston, Quincy, Southwick, Waltham, Whately, and Westwood Police Departments in Massachusetts; Greenwich (Conn.), New York City, Houston, Florence and Saluda (S.C.) Police Departments; Connecticut State Police; South Carolina Law Enforcement Division; Richland County (South Carolina) Sheriff’s Department; and the Solicitor’s Offices of Greenville and Saluda Counties. The Justice Department’s Office of International Affairs provided invaluable assistance in securing the arrest and extradition of Dragush Hornea to the United States. Assistant U.S. Attorney Timothy E. Moran, Chief of Rollins’ Organized Crime and Gang Unit, prosecuted the case.
Portland Man Charged After Attempting to Open Emergency Exit on Portland-Bound FlightRead the Press Release
PORTLAND, Ore.—A Portland man is facing federal charges after attempting to open an emergency exit on a commercial airline flight from Salt Lake City, Utah to Portland.
Michael Brandon Demarre, 32, has been charged by criminal complaint with threatening to interfere and interfering with a flight crew and attendants.
According to court documents, on February 11, 2022, while on a Delta Airlines flight from Salt Lake City to Portland, Demarre attempted to open the aircraft’s emergency exit door while it was in flight. According to witness statements taken by police, Demarre removed the plastic covering over the emergency exit handle and forcefully pulled on the handle. A flight attendant demanded Demarre cease touching the handle and move to the rear of the aircraft. Demarre complied and was physically restrained by the flight crew. Once in Portland, Demarre told officers he created the disturbance so other passengers would video record him sharing his personal views.
Demarre made his initial appearance in federal court today before a U.S. Magistrate Judge. He was ordered detained pending further court proceedings.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case is being investigated by the FBI with assistance from the Portland Police Bureau. Assistant U.S. Attorney Mira Chernick is prosecuting the case.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Peruvian Brothers Sentenced to More than Seven Years in Prison for Defrauding Thousands of Spanish-Speaking ImmigrantsRead the Press Release
Two Peruvian nationals responsible for operating a series of call centers in Peru that defrauded and threatened Spanish-speaking U.S. residents were sentenced to serve prison time in the U.S. District Court for the Southern District of Florida. On Feb. 9, U.S. District Judge Robert N. Scola Jr. sentenced Josmell Espinoza Huerta (Josmell Espinoza), 32, to serve 88 months in prison. Earlier today, Judge Scola ordered Carlos Alberto Espinoza Huerta (Carlos Espinoza), 40, to be imprisoned for 102 months.
Josmell Espinoza and his brother Carlos Espinoza pleaded guilty in late 2021 to conspiring to commit mail fraud and wire fraud through several Peruvian call centers that they owned and operated. According to court documents, Josmell Espinoza and Carlos Espinoza co-owned and operated the JFC Peru call center in Peru. In addition, Josmell Espinoza owned and operated the Camino Al Progreso and Latin Shop call centers, and Carlos Espinoza separately owned and operated the Latinos en Accion and Latin Force call centers in Peru.
From April 2011 until July 2019, the Espinoza brothers and their co-conspirators in Peru called victims — many of whom were recent immigrants from Central America, Mexico and other Spanish-speaking countries — and fraudulently threatened them with legal consequences if they did not make payments for purportedly delivered products and settlement fees for English-language classes. The defendants and their co-conspirators used false statements and threats to obtain money from victims across the United States by falsely telling the victims that they were required to accept and pay for English-language courses and other educational products and that failure to do so placed them in legal jeopardy. The defendants and their co-conspirators then falsely threatened to have their victims arrested and deported in order to collect payments from them.
In pleading guilty, both defendants admitted that they and their employees falsely claimed to be lawyers, court officials, federal agents and representatives of a so-called “minor crimes court,” which does not exist. The callers falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment and immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. Carlos Espinoza caused victims to lose over $1.3 million, and Josmell Espinoza caused victims to lose over $700,000.
“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “These two sentences demonstrate that defendants who use threats to prey upon our immigrant communities will be brought to justice and held accountable in U.S. courts.”
“This case demonstrates that the long arm of justice has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations,” said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “We will continue to bring American justice to transnational criminals who use fear tactics and intimidation to steal money from immigrants, seniors and others who live in this country.”
“For many years, the U.S. Postal Inspection Service and their law enforcement partners have investigated and prosecuted international criminal rings targeting U.S. consumers to steal their hard-earned money,” said Inspector in Charge Joseph Cronin of the U.S. Postal Inspection Service Miami Division. “We will continue to aggressively pursue these criminals to ensure that they are prosecuted to the fullest extent of the law.”
With Carlos Espinoza’s sentencing in Miami today, all seven defendants indicted in this matter have now pleaded guilty and been sentenced to serve terms of incarceration. Five defendants were arrested by Peruvian authorities based on a U.S. extradition request and were extradited to the Southern District of Florida in October 2020. Each of those defendants was sentenced to serve a prison sentence earlier this year. Henrry Milla was sentenced to 110 months in prison, Jerson Renteria was sentenced to 100 months in prison, and Evelyng Milla, Fernan Huerta and Omar Cuzcano were each sentenced to serve 90 months in prison. Carlos Espinoza and Josmell Espinoza evaded arrest at the time of their co-defendants’ arrests. They were subsequently located in Peru and were extradited to the United States on June 25, 2021.
The U.S. Postal Inspection Service and the Civil Division’s Consumer Protection Branch investigated the case. Senior Trial Attorney Phil Toomajian and Trial Attorney Max Goldman of the Consumer Protection Branch prosecuted the case. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the State Department’s Diplomatic Security Service and the Peruvian National Police provided critical assistance.
Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. Additional information about the Consumer Protection Branch and its elder fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).
En Español
Penn Hills Cocaine Kingpin Sentenced to 11 Years in PrisonRead the Press Release
PITTSBURGH, PA - A resident of Penn Hills, PA, has been sentenced in federal court to 11 years' imprisonment on his conviction of federal narcotics charges, United States Attorney Cindy K. Chung announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Jamie Lightfoot, Jr, 29.
According to information presented to the court, Lightfoot acquired large quantities of cocaine from Florida, New York and California between January of 2015 and November of 2017, and then distributed that cocaine to other drug dealers in Western Pennsylvania. On November 5, 2017, the FBI and the Pennsylvania State Police seized 51 kilos of cocaine from a recreational vehicle which was parked in Lightfoot’s driveway, and which had been driven there by one of Lightfoot’s suppliers earlier that day.
United States Attorney Chung commended the Federal Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department, and the Perryopolis Police Department, for the investigation leading to the successful prosecution of Lightfoot, Jr.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Old Orchard Beach Man Sentenced in Connection with Fatal OverdosesRead the Press Release
PORTLAND, Maine: An Old Orchard Beach man was sentenced today in U.S. District Court in Portland for distributing fentanyl, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge George Z. Singal sentenced Corydon Mills, 33, to 10 years in prison and three years of supervised release. Mills pleaded guilty in August 2021.
According to court records, on January 23, 2017, Mills distributed fentanyl at a residence in Old Orchard Beach. Two people used this fentanyl and died as a result.
The Old Orchard Beach Police Department and the Maine Drug Enforcement Agency investigated the case.
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Ohio man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Joshua Anthony Doty, of Steubenville, Ohio, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Doty, 35, pleaded guilty today on one count of “Unlawful Possession of a Firearm.” Doty, a person prohibited from having a firearm because of prior convictions, admitted to having a 12-gauge shotgun in December 2019 in Brooke County.
Doty faces up to 10 years of incarceration and a fine of up to $250 ,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia Department of Natural Resources investigated.
U.S. Magistrate Judge James P. Mazzone presided.
New Haven Man Sentenced to 46 Months for Narcotics Distribution OffenseRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that JAMES LEE, 24, of New Haven, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 46 months of imprisonment, followed by three years of supervised release, for distributing heroin, cocaine and crack.
According to court documents and statements made in court, on March 13, 2021, New Haven Police encountered Lee as he was sitting in a car at a gas station. The car had fled from police on March 8. A search of Lee’s person revealed $3,815 and a search of the car revealed $3,443. Officers then found a hidden compartment in the vehicle’s center counsel that contained heroin, crack and cocaine packaged for distribution, and a loaded 9mm handgun.
On the morning of April 5, 2021, a New Haven Police detective traveling in an unmarked police cruiser in the area of Orange Street and Wall Street identified another car that had fled from West Haven Police during an attempted traffic stop on April 1. The detective followed the car to a location of Brown Street, where he observed occupants of the vehicle engage in what appeared to be street-level drug transactions, and then to a location on Elm Street. On Elm Street, James Lee, who had been released on bond, and Darryl Russell exited the car and entered a building. Lee was arrested after he exited the building. Russell ignored commands not to leave the scene but was apprehended a short distance away after he was found hiding in a trash can. A search of their car revealed heroin, crack and cocaine packaged for distribution, and more than $2,000 in cash.
Lee has been detained since his arrest. On September 28, he pleaded guilty to possession with intent to distribute heroin, cocaine and cocaine base (“crack”).
Russell, of New Haven, has been detained since May 21, 2021. On that date, he possessed additional narcotics packaged for distribution.
On September 14, 2021, Russell pleaded guilty in federal court to possession with intent to distribute, heroin, cocaine and cocaine base. He awaits sentencing.
This matter has been investigated by the New Haven Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
This case is part of Project Safe Neighborhoods (PSN), 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.
Mexican man sentenced for importing multiple drugs into the countryRead the Press Release
McALLEN, Texas – A 32-year-old Mexican citizen has been ordered to prison following his convictions related to the importation of cocaine, meth and fentanyl, announced U.S. Attorney Jennifer B. Lowery.
Jairo Esnid Pina-Carrillo pleaded guilty Dec. 2, 2021.
Today, U.S. District Judge Randy Crane sentenced him to a total of 70 months in federal prison. In handing down the sentence, the court noted Pina-Carrillo appeared to be a trusted member of the drug trafficking organization based on the number of times he admitted to smuggling narcotics and the amount and type of the narcotics.
On the morning of July 27, 2021, Pina arrived at the Anzaldua Port of Entry from Mexico where he was attempting to gain entry into the United States. He presented his Mexican border crossing card and claimed he intended to cross for a job-related duty in Brownsville.
Upon inspection, a canine alerted to Pina’s vehicle. Authorities found a total of five packages of narcotics in a lunch bag and a backpack located inside the vehicle. He expected to be paid $800 per package for importing the drugs.
The drugs totaled approximately one kilogram each of cocaine and fentanyl and three kilograms of heroin. Pina also admitted to importing narcotics on at least six other occasions.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Colton Turner prosecuted the case.
Maryland Nuclear Engineer Pleads Guilty to Espionage-Related OffenseRead the Press Release
WASHINGTON – A Maryland man pleaded guilty today to conspiracy to communicate restricted data related to the design of nuclear-powered warships to a person he believed was a representative of a foreign nation.
Jonathan Toebbe, 43, of Annapolis, was arrested on Oct. 9, 2021, after he placed an SD card at a pre-arranged “dead drop” at a location in West Virginia. According to court documents, at the time of his arrest, Toebbe was an employee of the Department of the Navy who served as a nuclear engineer and was assigned to the Naval Nuclear Propulsion Program, also known as Naval Reactors. He held an active national security clearance through the Department of Defense, giving him access to “Restricted Data” within the meaning of the Atomic Energy Act. Restricted Data concerns design, manufacture or utilization of atomic weapons, or production of Special Nuclear Material (SNM), or use of SNM in the production of energy – such as naval reactors. Toebbe worked with and had access to information concerning naval nuclear propulsion including information related to military sensitive design elements, operating parameters and performance characteristics of the reactors for nuclear powered warships.
“Among the secrets the U.S. government most zealously protects are those related to the design of its nuclear warship weapons systems,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “The defendant was entrusted with some of those secrets and instead of guarding them, he betrayed the trust placed in him and conspired to sell them to another country for personal profit. The Department of Justice will vigilantly protect the American people and our nation’s security by investigating and prosecuting those who violate their Constitutional oath and abuse their positions for personal gain.”
“The agents and prosecutors handling this matter are to be commended for their efforts,” said U.S. Attorney William Ihlenfeld for the Northern District of West Virginia. “They are talented and tenacious, and their work in this case has helped to make our country safer.”
“There’s a message here for anyone who would sell out America’s secrets,” said Assistant Director Alan E. Kohler, Jr. of the FBI’s Counterintelligence Division. “The FBI and its partners will use all our investigative techniques to bring you to justice.”
“The FBI is relentless in its efforts to uncover those who seek to do our nation harm by targeting our most valuable secrets,” said Special Agent in Charge Mike Nordwall of the FBI’s Pittsburgh Field Office. “This case is an example of the hard work and diligence of the FBI and our federal partners to neutralize and hold accountable those people who threaten our national security.”
“Today Jonathan Toebbe admitted that he violated federal law when he conspired with his wife to sell sensitive government information to a foreign power,” said U.S. Attorney Cindy Chung for the Western District of Pennsylvania. “My office will continue to work with our law enforcement partners to identify and hold accountable those who would pursue financial gain at the expense of their solemn duty to protect our country’s closely held secrets.”
“The overarching mission of the Naval Criminal Investigative Service (NCIS) is to prevent terrorism, reduce crime and protect secrets, with a very high priority on protecting vital information such as the design and operation of nuclear-powered warships,” said Special Agent in Charge Michelle Kramer of the NCIS Office of Special Projects. “It’s this kind of technology that provides the Department of the Navy with capabilities unmatched by any of America’s adversaries. NCIS remains committed to protecting that information to ensure the readiness of the US Navy and Marine Corps.”
According to his plea, in April 2020, Toebbe sent a package to a foreign government, listing a return address in Pittsburgh, Pennsylvania, containing a sample of Restricted Data and instructions for establishing a covert relationship to purchase additional Restricted Data. Toebbe began corresponding via encrypted email with an individual whom he believed to be a representative of the foreign government. The individual was really an undercover FBI agent. Toebbe continued this correspondence for several months, which led to an agreement to sell Restricted Data in exchange for thousands of dollars in cryptocurrency.
On June 8, 2021, the undercover agent sent $10,000 in cryptocurrency to Toebbe as “good faith” payment. Shortly afterwards, on June 26, Toebbe serviced a dead drop by placing an SD card, which was concealed within half a peanut butter sandwich and contained military sensitive design elements relating to submarine nuclear reactors, at a pre-arranged location. After retrieving the SD card, the undercover agent sent Toebbe a $20,000 cryptocurrency payment. In return, Toebbe emailed the undercover agent a decryption key for the SD Card. A review of the SD card revealed that it contained Restricted Data related to submarine nuclear reactors. On Aug. 28, Toebbe made another “dead drop” of an SD card in eastern Virginia, this time concealing the card in a chewing gum package. After making a payment to Toebbe of $70,000 in cryptocurrency, the FBI received a decryption key for the card. It, too, contained Restricted Data related to submarine nuclear reactors. The FBI arrested Toebbe and his wife on Oct. 9, after he placed yet another SD card at a pre-arranged “dead drop” at a second location in West Virginia.
Toebbe pleaded guilty to count one of the indictment charging him with conspiracy to communicate Restricted Data which carries a maximum statutory penalty of up to life in prison, a fine up to $100,000, and term of supervised release not more than five years. Pursuant to his plea agreement, Toebbe will serve a minimum of 151 months, or 12 and a half years, in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and NCIS are investigating the case.
Trial Attorneys Matthew J. McKenzie and S. Derek Shugert of the National Security Division's Counterintelligence and Export Control Section, Assistant U.S. Attorneys Jarod J. Douglas and Lara Omps-Botteicher of the Northern District of West Virginia, and Special Assistant U.S. Attorney Jessica Lieber Smolar for the Western District of Pennsylvania are prosecuting the case.
Maryland Nuclear Engineer Pleads Guilty to Espionage-Related OffenseRead the Press Release
A Maryland man pleaded guilty today to conspiracy to communicate restricted data related to the design of nuclear-powered warships to a person he believed was a representative of a foreign nation.
Jonathan Toebbe, 43, of Annapolis, was arrested on Oct. 9, 2021, after he placed an SD card at a pre-arranged “dead drop” at a location in West Virginia. According to court documents, at the time of his arrest, Toebbe was an employee of the Department of the Navy who served as a nuclear engineer and was assigned to the Naval Nuclear Propulsion Program, also known as Naval Reactors. He held an active national security clearance through the Department of Defense, giving him access to “Restricted Data” within the meaning of the Atomic Energy Act. Restricted Data concerns design, manufacture or utilization of atomic weapons, or production of Special Nuclear Material (SNM), or use of SNM in the production of energy – such as naval reactors. Toebbe worked with and had access to information concerning naval nuclear propulsion including information related to military sensitive design elements, operating parameters and performance characteristics of the reactors for nuclear powered warships.
“Among the secrets the U.S. government most zealously protects are those related to the design of its nuclear-powered warships. The defendant was entrusted with some of those secrets and instead of guarding them, he betrayed the trust placed in him and conspired to sell them to another country for personal profit,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. The Department of Justice will vigilantly protect the American people and our nation’s security by investigating and prosecuting those who violate their Constitutional oath and abuse their positions for personal gain.”
“The agents and prosecutors handling this matter are to be commended for their efforts,” said U.S. Attorney William J. Ihlenfeld II for the Northern District of West Virginia. “They are talented and tenacious, and their work in this case has helped to make our country safer.”
“There’s a message here for anyone who would sell out America’s secrets,” said Assistant Director Alan E. Kohler, Jr. of the FBI’s Counterintelligence Division. “The FBI and its partners will use all our investigative techniques to bring you to justice.”
“The FBI is relentless in its efforts to uncover those who seek to do our nation harm by targeting our most valuable secrets,” said Special Agent in Charge Mike Nordwall of the FBI’s Pittsburgh Field Office. “This case is an example of the hard work and diligence of the FBI and our federal partners to neutralize and hold accountable those people who threaten our national security.”
“Today Jonathan Toebbe admitted that he violated federal law when he conspired with his wife to sell sensitive government information to a foreign power,” said U.S. Attorney Cindy Chung for the Western District of Pennsylvania. “My office will continue to work with our law enforcement partners to identify and hold accountable those who would pursue financial gain at the expense of their solemn duty to protect our country’s closely held secrets.”
“The overarching mission of the Naval Criminal Investigative Service (NCIS) is to prevent terrorism, reduce crime and protect secrets, with a very high priority on protecting vital information such as the design and operation of nuclear-powered warships,” said Special Agent in Charge Michelle Kramer of the NCIS Office of Special Projects. “It’s this kind of technology that provides the Department of the Navy with capabilities unmatched by any of America’s adversaries. NCIS remains committed to protecting that information to ensure the readiness of the US Navy and Marine Corps.”
According to his plea, in April 2020, Toebbe sent a package to a foreign government, listing a return address in Pittsburgh, Pennsylvania, containing a sample of Restricted Data and instructions for establishing a covert relationship to purchase additional Restricted Data. Toebbe began corresponding via encrypted email with an individual whom he believed to be a representative of the foreign government. The individual was really an undercover FBI agent. Toebbe continued this correspondence for several months, which led to an agreement to sell Restricted Data in exchange for thousands of dollars in cryptocurrency.
On June 8, 2021, the undercover agent sent $10,000 in cryptocurrency to Toebbe as “good faith” payment. Shortly afterwards, on June 26, Toebbe serviced a dead drop by placing an SD card, which was concealed within half a peanut butter sandwich and contained military sensitive design elements relating to submarine nuclear reactors, at a pre-arranged location. After retrieving the SD card, the undercover agent sent Toebbe a $20,000 cryptocurrency payment. In return, Toebbe emailed the undercover agent a decryption key for the SD Card. A review of the SD card revealed that it contained Restricted Data related to submarine nuclear reactors. On Aug. 28, Toebbe made another “dead drop” of an SD card in eastern Virginia, this time concealing the card in a chewing gum package. After making a payment to Toebbe of $70,000 in cryptocurrency, the FBI received a decryption key for the card. It, too, contained Restricted Data related to submarine nuclear reactors. The FBI arrested Toebbe and his wife on Oct. 9, after he placed yet another SD card at a pre-arranged “dead drop” at a second location in West Virginia.
Toebbe pleaded guilty to count one of the indictment charging him with conspiracy to communicate Restricted Data which carries a maximum statutory penalty of up to life in prison, a fine up to $100,000, and term of supervised release not more than five years. Pursuant to his plea agreement, Toebbe will serve a minimum of 151 months, or 12 and a half years, in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and NCIS are investigating the case.
Trial Attorneys Matthew J. McKenzie and S. Derek Shugert of the National Security Division's Counterintelligence and Export Control Section, Assistant U.S. Attorneys Jarod J. Douglas and Lara Omps-Botteicher of the Northern District of West Virginia and Special Assistant U.S. Attorney Jessica Lieber Smolar for the Western District of Pennsylvania are prosecuting the case.