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8 February 2022
New England Compounding Center's National Sales Director SentencedRead the Press Release
BOSTON – The National Sales Director of the now-defunct New England Compounding Center (NECC) was sentenced today in federal court in Boston in connection with conspiring to defraud the Food and Drug Administration (FDA).
Robert A. Ronzio, 48, of North Providence, R.I., was sentenced by U.S. District Court Judge Richard G. Stearns to time served. In December 2016, Ronzio pleaded guilty to one count of conspiring to defraud the FDA. Ronzio cooperated with the government and testified at three trials of other NECC defendants.
NECC fraudulently held itself out as a pharmacy dispensing drugs pursuant to physician-created prescriptions when in fact it operated as a manufacturer distributing drugs in bulk. NECC created numerous work-around methods to make it appear to federal and state regulators that NECC was dispensing drugs pursuant to valid patient-specific prescriptions when in fact it was not.
Specifically, NECC sales representatives requested that customers (hospitals and clinics) send in a list of patient names with their orders, but informed the customers that NECC would not label the drugs with the names of patients, thereby allowing the customers to use the drugs for any patients. NECC sales representatives requested customers send patient rosters or appointment schedules with their orders, from which NECC employees created patient-specific prescriptions that could be provided to federal or state regulators. Furthermore, NECC would not request patient names for first orders and often waived the requirement entirely for certain customers or drug orders. To determine the number of patient names required, the former owner of NECC and head pharmacist, Barry Cadden, created ratios of patient names to the number of drug units sought in an order. Ronzio admitted that the reason for these work-around methods was to maintain NECC’s status as a pharmacy and avoid heightened regulatory oversight of the FDA.
The NECC criminal case arose from the nationwide outbreak of fungal meningitis that was traced back to contaminated vials of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of MPA manufactured by NECC, and more than 100 patients died as a result. The outbreak was the largest public health crisis ever caused by a contaminated pharmaceutical drug.
In December 2014, following a two-year investigation, Ronzio and 13 other owners, employees, and associates of NECC were charged in a 131-count indictment. The indictment did not charge Ronzio with having any role in the drug manufacturing operations of NECC.
On July 7, 2021, Cadden was resentenced, following the government’s successful appeal of his original sentence, to 174 months in prison and ordered to pay forfeiture of $1.4 million and restitution of $82 million. On July 21, 2021, Chin was resentenced, following the government’s successful appeal of his original sentence, to 126 months in prison and three years of supervised release. Chin was also ordered to pay forfeiture of approximately $473,584 and restitution in the amount of $82 million.
United States Attorney Rachael S. Rollins; Acting FDA Commissioner Janet Woodcock, M.D.; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Christopher Algieri, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; Patrick Hegarty, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division, made the announcement today. Assistant U.S. Attorney Amanda P.M. Strachan, Deputy Chief of Rollins’ Criminal Division, prosecuted the case.
Mustang Man Charged with Illegal Receipt of Firearm While Under IndictmentRead the Press Release
OKLAHOMA CITY – WILLIAM SHAWN KAYS, 39, of Mustang, has been charged with one count of illegally receiving a firearm while under indictment, announced Robert J. Troester, United States Attorney for the Western District of Oklahoma.
On February 1, 2022, a federal grand jury returned an indictment alleging that, on or about August 15, 2021, Kays received a firearm while under indictment. The indictment alleges Kays was under indictment for the felony offense of Burglary in the First Degree, charged in Blaine County District Court case number CF-2021-52, when he willfully received a Glock .45 caliber pistol. Kays surrendered to law enforcement yesterday and the indictment was unsealed later that day. Federal law prohibits an individual who is under indictment from receiving firearms or ammunition under 18 U.S.C. § 922(n).
If convicted, Kays faces up to five years imprisonment, a fine of up to $250,000, and up to three years of supervised release.
The charge is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Oklahoma State Bureau of Investigation. Assistant U.S. Attorney Mary E. Walters is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions. As part of this strategy, PSN focuses on the most violent offenders and partners with local prevention and re-entry programs for lasting reductions in crime. To enhance local effectiveness, the Western District of Oklahoma has emphasized prosecution of federal gun crimes connected to domestic violence.
The public is reminded that this charge is merely allegations and that Kays is presumed innocent unless and until proven guilty beyond a reasonable doubt. Attached is the indictment the federal grand jury returned in this matter. Reference is made to public filings for further information.
Mission Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffery Leo Larvie, age 39, was indicted on February 1, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Larvie, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between September 22, 2021, and February 1, 2022.
The charge is merely an accusation and Larvie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Larvie was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 12, 2022.
Mexican National Man Pleads Guilty and is Sentenced for Immigration CrimeRead the Press Release
CHARLESTON, W.Va. – A Mexican national man pleaded guilty today to the felony offense of reentry of a removed alien. Sergio Chavez-Nieto, 44, was found guilty by the Court and sentenced to a “time served” sentence, having spent almost three months in federal custody. Chavez-Nieto was subsequently remanded to ICE custody for possible removal proceedings from the United States.
According to court documents and statements made during the hearing, on November 9, 2021, Chavez-Nieto was found in Parkersburg by members of ICE who had identified him during the course of an investigation. ICE agents spoke to the defendant to confirm his identity. Chavez-Nieto admitted being in the United States illegally and had no identification documents permitting him legal status in the United States. Chavez-Nieto was placed under arrest.
Fingerprinting matched Chavez-Nieto to five prior removals from the United States: three voluntary removals in 2000, one administrative removal in 2010 and another administrative removal in 2014. Chavez-Nieto has a 2003 state felony conviction for possession of cocaine in Winston Salem, North Carolina and also a 2014 federal misdemeanor conviction for illegal entry in Laredo, Texas. Chavez-Nieto never obtained permission to legally enter the United States and had not sought legal status or citizenship. Chavez-Nieto further admitted to ICE agents that he was a Mexican citizen.
United States Attorney Will Thompson made the announcement and commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE), the Parkersburg Police Department Street Crimes Unit and the United States Marshals Service.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Erik S. Goes is responsible for 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 No. 2:21-cr-00247.
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McKees Rocks Teen Charged with Federal Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH, PA - One resident of McKees Rocks, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Cindy K. Chung announced today.
The two-count Indictment named Melquan Hudson, age 19, as the sole defendant.
According to the Indictment, on or about January 13, 2022, Hudson possessed with intent to distribute quantities of fentanyl, cocaine base and/or cocaine. On or about the same date, Hudson also possessed three firearms in furtherance of this drug trafficking crime
The law provides for a maximum total sentence of not more than 20 years, a fine not to exceed $1,000,000 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 Christopher M. Cook is prosecuting this case on behalf of the government.
The Allegheny County Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Maryland Man Pleads Guilty to Possession with Intent to Distribute over 500 Grams of FentanylRead the Press Release
Baltimore, Maryland – John Cooley, age 20, of Nottingham, Maryland, pleaded guilty today to possession with intent to distribute fentanyl.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; Baltimore City Sheriff John W. Anderson, and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, from October 2020 to March 2021, Cooley was engaged in a drug trafficking conspiracy involving the trafficking of large amounts of fentanyl and other controlled substances. Cooley and his co-conspirators operated out of a stash house in Pikesville, Maryland. There, Cooley and his co-conspirators would process fentanyl and other controlled substances, mix it with cutting agents and package the drugs for re-sale.
As stated in his plea agreement, on March 1, 2021, law enforcement saw Cooley exit the Pikesville, Maryland stash house with a co-conspirator. At the time, Cooley was carrying a bag containing narcotics. Cooley and his co-conspirator then entered a vehicle and drove away. Law enforcement followed the vehicle to a drug store parking lot where Cooley and his co-conspirator were about to conduct a drug transaction.
Subsequently, law enforcement conducted a search of the vehicle and Cooley’s person. As a result of the search, officers recovered 20 separate plastic bags, each containing 50 gel fentanyl capsules. In total, Cooley possessed 569 grams of fentanyl.
Cooley and the government have agreed that, if the Court accepts the plea agreement, Cooley will be sentenced to five years in federal prison. U.S. District Judge Catherine C. Blake has scheduled sentencing for March 24, 2022 at 9:30 a.m.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Erek L. Barron commended the DEA, the Maryland State Police, the Baltimore City Sherriff’s Office, and the Baltimore Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Jason D. Medinger, who is 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 https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Main Line Businessman Sentenced to over Six Years for $21 Million Bank Fraud, Tax EvasionRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Christopher Hogg, age 63, of Gladwyne, PA, was sentenced to six years and three months in prison, and two years of supervised release, and was ordered to forfeit over $17 million and pay restitution of over $750,000 by United States District Judge Nitza I. Quinones Alejandro for his participation with two co-conspirators in a loan fraud scheme worth more than $21 million.
In September 2021, the defendant pleaded guilty to charges of conspiracy to commit bank fraud, bank fraud, filing a false return, and tax evasion. The bank fraud charges arose from an insurance premium financing scheme that Hogg and others conducted from approximately November 2016 through January 2018. The scheme worked as follows: Hogg and co-conspirator Rennie Rodriguez submitted approximately 35 financing applications to a finance company, purportedly for premium finance loans to purchase insurance, but in reality the loans were not for that purpose. Another co-conspirator inside the finance company, Neal Dunoff, waived the loan verification procedures and approved the loans, in exchange for compensation from the defendant. Rodriguez and Dunoff have pled guilty as a result of their participation in this scheme and are awaiting sentencing. Hogg used the proceeds of this fraudulent scheme as capital for his businesses as well as to support his luxurious lifestyle, including payments for a Mercedes Benz S-Class, country club dues, vacations, as well as towards the purchase of a $1 million mansion on the Main Line.
The tax fraud charges arose from Hogg’s failure to report over $370,000 worth of income on the tax form 1040 that he filed for tax year 2016, and his failure to report over $1.7 million in income for tax year 2017 (for which he never filed a return), resulting in a total tax loss to the government of approximately $750,000 for both years.
“This defendant abused the banking system in an effort to enrich himself and his coconspirators, all while cheating the bank and the United States government,” said U.S. Attorney Williams. “He tried to play games to avoid fulfilling his fiduciary and tax obligations, but the dedicated investigators on this case uncovered his lies. Today’s sentence provides justice to those Mr. Hogg attempted to swindle.”
“Financial fraudsters cost this country billions in losses,” said Special Agent in Charge Jacqueline Maguire. “Today’s sentence is significant enough that it should serve as a warning to other criminals: give careful thought to whether the ill-gotten gains you are receiving are worth going to prison; because that’s exactly where you’re going.”
“This sentence is a positive message to the honest and hardworking Americans who file correct tax returns and pay their fair share,” said IRS Criminal Investigation Special Agent in Charge Yury Kruty. “Mr. Hogg’s decision to shirk his tax liability is a felony. Today, justice has been served and Mr. Hogg is on his way to federal prison.”
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Karen L. Grigsby.
Madison Man Sentenced to 6 Months in Prison for Embezzlement by a Bank OfficerRead the Press Release
Jackson, Miss. – A Madison man was sentenced to 6 months in prison for embezzlement by a bank officer, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi.
According to court documents, Thomas King Robb, Jr., 37, used his position as a loan officer at a bank to approve fraudulent loans, and used the proceeds from those loans for his own benefit. Robb created false documents using his knowledge and experience as a loan officer and created fraudulent loans in the names of other people. Robb then used the money from those loans to pay off previous loans and to keep his personal business afloat.
In addition to his prison sentence, Robb will be required to pay restitution as well as a monetary forfeiture.
The case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys David H. Fulcher and Charles W. Kirkham prosecuted the case.
Latin Kings Associate Pleads Guilty to Firearms OffenseRead the Press Release
BOSTON – An associate of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) pleaded guilty today to firearm and ammunition charges.
Derek Southworth, 34, of Fitchburg, pleaded guilty to being a felon in possession of a firearm and ammunition. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for May 19, 2022.
On April 18, 2017, Southworth provided an AK-47 style rifle and approximately 49 rounds of ammunition to a cooperating witness. The transaction was captured on audio-video recording. Due to a prior conviction, Southworth is prohibited from possessing firearms and ammunition.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against dozens of leaders, members and associates of the Latin Kings. Southworth is the 56th defendant to plead guilty in the case.
The charge of being a felon in possession of firearms and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The United States Attorney’s Office for the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Las Vegas Man Sentenced to Prison for Assaulting Mail CarrierRead the Press Release
LAS VEGAS – A Las Vegas man who assaulted a U.S. Postal Service mail carrier was sentenced today to 46 months in prison.
Michael Gerald Hammond (33) pleaded guilty in November 2021 to one count of unlawful possession of a postal key. In addition to imprisonment, U.S. District Judge Kent J. Dawson sentenced Hammond to three years of supervised release.
According to court documents, on February 13, 2018, Hammond searched online for phrases such as “best homemade weapon for knocking out ppl” and “how exactly does a blackjack knock someone out.” The next day, Hammond used a rubber mallet to assault a mail carrier who was delivering mail at an apartment complex. Hammond hit the mail carrier multiple times, including striking the mail carrier’s head, so that he could take and use the carrier’s postal key to steal mail from mailboxes. Three days later, on February 17, Hammond was detained after attempting to break into a car at a casino parking garage.
Acting U.S. Attorney Christopher Chiou for the District of Nevada made the announcement.
This case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorneys Tony Lopez and Jessica Oliva prosecuted the case.
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Larry Junior Hillbroom of Hope, Idaho, Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
COEUR D'ALENE – A Hope, Idaho man was sentenced to 96 months in federal prison for conspiracy to distribute methamphetamine.
According to evidence presented in court, in 2015 and 2016, Larry Junior Hillbroom, 37, conspired with others to smuggle methamphetamine through international airports between North Idaho and the Pacific Islands of Guam and Palau. Hillbroom and others used several different methods to smuggle the drugs, including shampoo containers and carrying the substance on their person. Once in Guam or Palau, Hillbroom would coordinate with locals to sell the methamphetamine. Law enforcement officers learned of the conspiracy and were able to investigate and ultimately arrest Hillbroom and his coconspirators.
Senior U.S. District Judge B. Lynn Winmill also ordered Hillbroom to pay a $2,000 fine and serve three years of supervised release following his prison sentence. Hillbroom pleaded guilty to the charge on September 21, 2021.
Hillbroom was originally charged with Morgan Kenney, 36, Zachary Craig Carlson, 31, and Sean Robert Wathen, 50, all of Hope, Idaho. Kenney and Calson previously pleaded guilty and have been sentenced to prison time. Wathen pleaded not guilty to the conspiracy and is currently set for trial in May 2022.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the Drug Enforcement Administration, Bonner County Sheriff's Office, Bureau of Indian Affairs, Coeur d' Alene Police Department, Idaho State Police, U.S. Border Patrol, and the U.S. Marshals Service, which led to charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Justice Department and FTC Sue to Stop Fast-Casual Burger Restaurant Franchisor’s Deceptive Sales PracticesRead the Press Release
The Department of Justice, together with the Federal Trade Commission (FTC), announced the filing of a civil enforcement action against two companies and their founder for allegedly selling fast-casual burger franchises using false representations.
According to a complaint filed in the U.S. District Court for the Central District of California, defendants Burgerim Group USA Inc., Burgerim Group Inc. and founder Oren Loni made false representations to prospective franchisees to induce them to sign a franchise agreement and pay a franchise fee of between $50,000 and $70,000. Specifically, the government alleges that the defendants failed to refund those fees under certain conditions, including as promised by defendants, and failed to disclose material information. The complaint alleges violations of the Franchise Rule, which requires franchisors to provide prospective purchasers of franchises with the material information they need in order to weigh the risks and benefits of purchasing a franchise. The complaint also alleges violations of the FTC Act, which prohibits unfair and deceptive conduct. The complaint seeks civil penalties and equitable monetary and injunctive relief to stop the defendants from continuing to make deceptive claims in connection with the sale of franchises.
“The FTC’s Franchise Rule is designed to stop franchisors from taking advantage of prospective franchisees who are considering opening their own businesses,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Consumer Protection Branch will vigorously pursue those who violate the law by using misrepresentations to sell franchises.”
“Burgerim promised consumers, including veterans, the American dream, only to leave them in a nightmare of debt and deceit,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “For other franchisees facing predatory practices, we are making it easier for them to tell us about what happened. Visit ReportFraud.FTC.gov and file a report to help us root out deception and other illegal conduct in the franchise industry.”
This matter is being handled by Trial Attorney Marcus P. Smith of the Civil Division’s Consumer Protection Branch. Attorneys Christine M. Todaro and Christopher E. Brown represent the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Jefferson County sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Antonio Junior Guerrero, of Ranson, West Virginia, was sentenced today to 87 months of incarceration for a drug charge, United States Attorney William Ihlenfeld announced.
Guerrero, also known as “Mula,” 30, pleaded guilty in September 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Twenty-Eight Grams or More of Cocaine Base.” Guerrero admitted to working with others to distribute 28 grams or more of cocaine base from July 2018 to June 2021 in Jefferson County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; U.S. Marshals Service; Homeland Security Investigations; the West Virginia Air National Guard; the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police, the DEA Task Force Montgomery County, Maryland; and the Frederick, Maryland, HIDTA group investigated. The EPDTF consists of the West Virginia State Police, Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, Ranson Police Department, the Charles Town Police Department, and the Martinsburg Police Department.
Chief U.S. District Judge Gina M. Groh presided.
Jefferson County Woman Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont woman has been sentenced to federal prison for firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Amber Dawn LeBlanc, 39, pleaded guilty on October 5, 2021, to possession of a stolen firearm and was sentenced to 120 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on May 18, 2020, law enforcement officers responded to a residential burglary in process in Beaumont. LeBlanc was in the residence when the homeowners came home but fled before police arrived. The homeowners were able to describe LeBlanc to the officers and she was located underneath a house in the neighborhood. The homeowners found a bag left behind by LeBlanc in the residence which included a firearm. The firearm had been reported stolen by an acquaintance of LeBlanc. Further investigation revealed LeBlanc has six prior felonies and is prohibited by federal law from owning or possessing firearms or ammunition.
LeBlanc was indicted by a federal grand jury on October 8, 2020 and charged with federal firearms violations.
This case was 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Rachel Grove.
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Jefferson County Man Sentenced for Drug Trafficking and Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to federal prison for drug trafficking and firearms violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Avery L. Mims, 36, pleaded guilty on August 2, 2021, to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime and was sentenced to 84 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on March 19, 2020, during a search of a vehicle Mims was driving, law enforcement officers located 14 grams of methamphetamine, 7 grams of cocaine, Xanax tablets, marijuana, and ecstasy tablets. Officers also discovered items indicative of drug trafficking, such as digital scales and approximately $1000 in various small denominations. Officers also located a firearm in close proximity to the drugs. After the March 19, 2020, encounter, a federal indictment and arrest warrant was issued for Mims. When the arrest warrant was executed, Mims was found in possession of a backpack containing approximately 60 grams of methamphetamine, crack cocaine, various tablets, and a firearm.
Mims was indicted by a federal grand jury on February 3, 2021 and charged with federal drug trafficking and firearms violations.
This case was 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
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Indictment Unsealed Charging Two Oklahoma Men with Committing Hate CrimesRead the Press Release
OKLAHOMA CITY— Earlier today, a federal grand jury indictment was unsealed in the Western District of Oklahoma charging two men with two-counts of committing hate crimes, announced Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and United States Attorney Robert Troester for the Western District of Oklahoma.
The indictment alleges that on June 22, 2019, Brandon Killian and Devan Johnson, aiding and abetting each other, willfully caused bodily injury to two victims because of the perceived or actual race of one of the victims, who is a Black man. The victims are identified in the indictment only as J.C. and M.W. The assaults occurred in the parking lot of the Brickhouse Saloon, in Shawnee, Oklahoma.
If convicted, Killian and Johnson each face a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $250,000.
The case is being investigated by the Oklahoma City FBI Field Office. Assistant U.S. Attorney Julia Barry of the Western District of Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division are prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public records for more information.
Illinois Woman Sentenced to Prison for Aiding Boyfriend Who Engaged in Shoot-out with Law Enforcement in OxfordRead the Press Release
Oxford, MS – An Illinois woman was sentenced Monday to 84 months in federal prison for her role in a shoot-out that occurred on South Lamar Boulevard in Oxford in May of 2020 and resulted in a Deputy U.S. Marshal being shot when law enforcement officers attempted to arrest her boyfriend on an outstanding murder warrant out of Arkansas.
According to court documents, the defendant, Xaveriana Cook and Hunter Carlstrom were in a romantic relationship in May of 2020 when Carlstrom told Cook he was going to murder an individual by the name of James Sartorelli, a/k/a “Caveman” in order to steal money, drugs and guns from Sartorelli. Following that conversation, Carlstrom went to Sartorelli’s Smithville, Arkansas home, murdered Sartorelli, and then informed Cook that he had killed Sartorelli. Testimony established that law enforcement officers in Arkansas located the body of James Sartorelli, who suffered a gunshot wound to the head, on May 7, 2020, and an Arkansas County Circuit Court issued a warrant for the arrest of Hunter Carlstrom for that murder on May 11, 2020. However, by that time, Cook and Carlstrom had fled to Mississippi in Cook’s car, where they stayed with acquaintances from May 7, 2020, until May 15, 2020.
The U.S. Marshals Service Gulf Coast Fugitive Task Force began searching for Carlstrom after the warrant was issued for his arrest for the murder of James Sartorelli. Carlstrom, a previously convicted felon who had served time in prison, and Cook were together in Cook’s vehicle in Oxford, Mississippi on May 15, 2020, when members of the U.S. Marshal’s Gulf Coast Regional Fugitive Task Force conducted a traffic stop on the vehicle in an attempt to arrest Carlstrom on the outstanding murder warrant. During the lunch-hour traffic stop on South Lamar Boulevard, Carlstrom shot a Deputy U.S. Marshal, who sustained severe internal injuries as a result of the gunshot wound and required emergency surgery. Carlstrom was shot by return fire from law enforcement and died on scene. Cook, who had been driving the vehicle, was taken into custody by law enforcement.
After Carlstrom engaged in the shoot-out with officers, investigators found a stolen Glock 9mm handgun in Cook’s vehicle. In addition, officers searched the residence where Carlstrom and Cook had been staying for the previous week and located two firearms that had been stolen from James Sartorelli’s house. Testimony and court documents presented during the case established that Cook admitted Carlstrom had told her on multiple occasions that he would not go back to prison and that he would have a shoot-out with the cops if he and Cook were ever stopped by law enforcement.
Cook was subsequently charged in the United States District Court for the Northern District of Mississippi with multiple counts of criminal conduct for her role in the offense and ultimately pled guilty to being an Accessory After the Fact to Robbery and Murder and Aiding and Abetting the Possession of a Firearm by a Prohibited Person.
Following Monday’s sentence, U.S. Marshal Danny McKittrick spoke about the case and Deputy Marshal Bob Dickerson who was shot during the attempted arrest of Carlstrom. “The U.S. Marshal’s Service is proud of Deputy Marshal Bob Dickerson and his family for the way they have handled a very difficult chapter in their family’s life, and they are thankful to finally close it. On behalf of Bob’s family, the U.S. Marshal’s Service and the Fugitive Task Force, we would like to thank all of our law enforcement partners and the Federal Court family for all of their prayers and support during the process. We thank again the Baptist Hospital administration, nursing staff and Doctors Lovelace, Kirk and Hamilton for saving our friend Bob’s life,” McKittrick said.
U.S. Attorney Clay Joyner also commented following the sentence. “Individuals who assist and facilitate the criminal conduct of others are accountable for harm that results,” stated Joyner. “In this case, the defendant chose to help a self-confessed murderer flee the state where he had brutally murdered and robbed another individual. Even though this defendant knew her boyfriend was armed and intent on engaging in a shoot-out with any law enforcement who attempted to arrest him, she continued to assist him, facilitating his interstate travel and attempt to avoid arrest and prosecution. This defendant should not have been surprised that Carlstrom made good on his threats to open fire on law enforcement, resulting in his own death and life-threatening injuries to a Deputy U.S. Marshal who was simply trying to do his job. Today’s sentence was an important step towards protecting our communities and achieving justice for those harmed by this conduct.”
“The FBI is committed to working with our state and local partners to reduce violence in the community and keep the citizens of Mississippi safe,” remarked FBI Special Agent in Charge Jermicha L. Fomby. “That safety is eroded when illegally obtained firearms are used against those sworn to keep the community safe. We want the public to know the FBI does not tolerate this behavior and will continue to hold those who violate the law accountable.”
The case was investigated by FBI and the Mississippi Bureau of Investigation, with assistance from the Lawrence County Arkansas Sheriff’s Department and ATF. The case was prosecuted by AUSA Clyde McGee and AUSA Clay Dabbs.
Huntington Man Pleads Guilty to Federal Child Pornography CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty to a federal child pornography crime.
According to court documents and statements made during the hearing, Nicholas Wilds, 38, admitted that he distributed child pornography using Kik, an online messaging application. Wilds also admitted that he used the messaging app to encourage another user to take sexually explicit photographs of a child. Law enforcement executed a search warrant at Wilds’ residence and found over 300 images of child pornography.
Wilds pleaded guilty to attempted production of child pornography and faces a mandatory minimum of 15 years and up to 30 years in prison when he is sentenced on May 16, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI).
United States District Judge Robert C. Chambers presided over the hearing. Assistant U.S. Attorney Julie White is prosecuting the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-00005.
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Honduran National Geovanny Fuentes Ramirez Sentenced to Life in Prison and Ordered to Forfeit $151.7 Million for Distributing Tons of Cocaine and Related Firearms OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that GEOVANNY FUENTES RAMIREZ was sentenced today to life in prison for cocaine-importation and weapons offenses. A jury convicted FUENTES RAMIREZ in March 2021 after a two-week trial. The sentence was imposed by the Honorable P. Kevin Castel, who also presided over the trial.
U.S. Attorney Damian Williams said: “Geovanny Fuentes Ramirez was convicted of importing tons of cocaine into the United States and protecting his illicit drug business with machineguns. In committing his narcotics crimes, Fuentes Ramirez bribed high-ranking Honduran officials and was responsible for brutal acts of violence and murder. Fuentes Ramirez’s path of destruction, both in violence and flooding the United States with cocaine, has finally come to an end, and he will now spend his life in federal prison.”
As reflected in the Superseding Indictment, public filings, and the evidence presented at trial:
Beginning in or about 2009, FUENTES RAMIREZ and others established and operated a cocaine laboratory in the Cortés Department of Honduras, where they produced hundreds of kilograms of cocaine each month. FUENTES RAMIREZ worked with others to receive cocaine shipments sent to Honduras over air and maritime routes, and to transport cocaine that he produced at the laboratory. FUENTES RAMIREZ provided security for the facility, and for the transportation of cocaine, using heavily armed workers and Honduran police and military personnel. On several occasions between approximately 2010 and 2013, FUENTES RAMIREZ helped arrange or directly participated in drug-related violence. In or about 2012, for example, after FUENTES RAMIREZ’s cocaine laboratory was raided by law enforcement, FUENTES RAMIREZ beat and tortured a law enforcement official who FUENTES RAMIREZ believed to have been involved in the investigation of the laboratory. FUENTES RAMIREZ murdered the officer by shooting him in the head with what FUENTES RAMIREZ described as “mercy shots.” FUENTES RAMIREZ also furthered his drug trafficking operation by bribing high-ranking Honduran officials.
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In addition to the prison term, FUENTES RAMIREZ, 52, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit, New York Strike Force, and Tegucigalpa Country Office, as well as the U.S. Department of Justice’s Office of International Affairs.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s National Security and International Narcotics Unit. Assistant U.S. Attorneys Michael D. Lockard, Jacob H. Gutwillig, Jason A. Richman, and Elinor L. Tarlow are in charge of the prosecution.
Franklin, PA Man Indicted in Meth CaseRead the Press Release
ERIE, Pa. - A resident of Franklin, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Rodney Lee Plowman, 55, as the sole defendant.
According to the Indictment presented to the court, on or about December 15, 2021, Plowman possessed with intent to distribute more than fifty grams of a mixture and substance containing a detectable amount of methamphetamine.
The law provides for a maximum total of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation’s Erie Area Gang Law Enforcement (EAGLE) task force, which is comprised of members of the Federal Bureau of Investigation, the Pennsylvania State Police, and the Erie Bureau of Police, the Oil City Police Department, the Franklin Police Department, and the Titusville Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Fort Wayne Man Sentenced to 84 Months in PrisonRead the Press Release
FORT WAYNE – David Miller, 48 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady, after pleading guilty to possessing material depicting minors engaged in sexually explicit conduct, announced United States Attorney Clifford D. Johnson.
Miller was sentenced to 84 months in prison followed by 5 years of supervised release.
According to documents in the case, in September 2018, the National Center for Missing and Exploited Children (NCMEC) received a tip that suspected images of minors engaged in sexually explicit conduct had been uploaded to a particular site. NCMEC later identified an image and several videos of minors engaged in sexually explicit conduct that had been uploaded to an account belonging to Miller. When he was interviewed in December 2018, Miller admitted to receiving links to images of children, ages 3 to 17, engaged in sexually explicit conduct, and admitted there would be “a lot” of these images which he saved to his account.
This case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
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Former Sun Prairie Electrical Contractor Sentenced to 18 Months for Failing to Pay Employment TaxesRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Joseph Kott, 44, Sun Prairie, Wisconsin, was sentenced today by Chief U.S. District Judge James D. Peterson to an 18-month federal prison term for willfully failing to pay over income tax and employment tax withholdings to the Internal Revenue Service for five years from 2014 to 2018. The judge also ordered Kott to serve two years of supervised release after imprisonment, and to pay restitution of $622,702.08 to the IRS. Kott pleaded guilty to this tax charge at today's combined plea and sentencing hearing.
According to the indictment, Kott, a licensed master electrician, owned and operated Alpha Electric, LLC, which was an electrical installation and service contracting business located in Sun Prairie. Kott owned the business since 2002 and was responsible for all aspects of Alpha's business operations, including accounting, finance, banking, payroll, hiring and firing of employees, paying bills, paying employees, and issuing Forms W-2. For tax years 2014 through 2018, Kott failed to pay over a total of $428,966 in withheld income taxes and employment taxes. The indictment also alleged that Kott failed to pay the employer's matching share of FICA and Medicare taxes which totaled another $193,739.
At today's sentencing, Judge Peterson explained that the biggest driver for a significant custodial sentence in this case was the need to send a general deterrence message to the public, and especially other employers, to not cheat on paying taxes to the IRS. The judge noted that members of the business community need to know that if they get caught cheating, they will face significant penalties including substantial prison time, and the payment of tax penalties and restitution to the IRS. Judge Peterson pointed out that Kott committed a very serious tax offense, both in terms of the long time period (five consecutive years), as well as the large tax amount ($622,702), evaded by Kott.
The judge rejected the defense argument that Kott should not be imprisoned because of the COVID pandemic, noting that the pandemic does not take incarceration off the table in criminal cases. The judge recognized that the federal Bureau of Prison has worked hard to protect the prison population during the pandemic.
Judge Peterson set Kott's prison report date for April 7, 2022.
The charges against Kott were the result of an investigation conducted by IRS Criminal Investigation. Assistant U.S. Attorney Daniel Graber handled the prosecution.
Former Godfather of Black Stone Gorilla Gang Pleads Guilty to Racketeering, Narcotics, and Firearms OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ALEXANDER ARGUEDAS, a/k/a “Reckless,” pled guilty today before U.S. Magistrate Judge Debra Freeman in connection with his role as a Godfather of the Black Stone Gorilla Gang (“BSGG”), a violent Bloods street gang whose members and associates had engaged in murders, assaults, robberies, narcotics trafficking, fraud, and witness tampering. ARGUEDAS also admitted that he participated in the December 9, 2012 murder of Gary Rodriguez.
U.S. Attorney Damian Williams said: “For years, Alexander Arguedas stood at the top of a violent gang that flooded the streets of New York City with violence, drugs, shootings, assaults, and murder. Now, Arguedas faces significant prison time for his crimes and the harm he inflicted on the community, including his role in murdering Gary Rodriguez. We continue our daily work with our law enforcement partners to keep our communities safe and to vigorously investigate acts of gang violence.”
As alleged in the Indictment and statements made in open court:
ALEXANDER ARGUEDAS, a/k/a “Reckless,” was previously one of the Godfathers of the Black Stone Gorilla Gang, a racketeering enterprise that operated principally in the New York City metropolitan area and in the jails and prisons of New York City and the State of New York. In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, BSGG members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder and assaults; distributed and possessed with intent to distribute narcotics; committed robberies; engaged in bank fraud and wire fraud; and obtained, possessed, and used firearms. BSGG members also evaded prosecution by law enforcement authorities through acts of intimidation and violence against potential witnesses to crimes committed by the gang.
On December 9, 2012, ARGUEDAS shot and killed Gary Rodriguez in the vicinity of 3089 Decatur Avenue in the Bronx, New York.
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ARGUEDAS, 32, of the Bronx, pleaded guilty to racketeering conspiracy, which carries a maximum sentence of life; narcotics conspiracy, which carries a maximum sentence of life and a mandatory minimum sentence of 10 years in prison; and using and carrying a firearm in furtherance of drug trafficking, which carries a maximum sentence of life and a mandatory minimum sentence of 5 years in prison, which must be served consecutively to any other sentence imposed. ARGUEDAS will be sentenced before Judge Rakoff later this year.
The statutory maximum penalties are prescribed by Congress and are provided here for information purposes only, as any sentencing of the defendant would be determined by Judge Rakoff.
Mr. Williams praised the outstanding investigative work of the Special Agents of the U.S. Attorney’s Office for the Southern District of New York, the New York City Police Department, and the Drug Enforcement Administration. Mr. Williams also thanked Homeland Security Investigations and the New York City Department of Corrections for their assistance in the investigation.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Andrew K. Chan, Brandon D. Harper, Emily A. Johnson, Danielle R. Sassoon, and Special Assistant United States Attorney Jaclyn M. Wood, are in charge of the prosecution.
Former Erie Resident Pleads Guilty in Meth ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A former resident of Erie, PA pleaded guilty in federal court to a charge of violating narcotics laws, United States Attorney Cindy K. Chung announced today.
Timothy Perry, 39, of pleaded guilty to the offense at Count Two of the Superseding Indictment before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, from July 2019 to June 2020, Perry did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for June 7, 2022. The law provides for a minimum sentence of 10 years in prison, and a maximum of life in prison, a fine of $10,000,000, 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 Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of Perry. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
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.
Former Columbus police officer pleads guilty to fentanyl trafficking, briberyRead the Press Release
COLUMBUS, Ohio – A former Columbus police officer pleaded guilty in federal court today to conspiring to distribute more than eight kilograms of fentanyl and accepting bribes to protect the transportation of cocaine.
Marco R. Merino, 45, of Columbus, was arrested by federal agents in September 2021.
From June to September 2021, Merino conspired with another Columbus police officer to traffic fentanyl. Merino distributed fentanyl to another individual on at least three occasions and accepted $32,500 for approximately one of the kilograms of fentanyl.
In March, April, May, August and September 2021, Merino accepted a total of $45,000 in cash in exchange for protecting the safe transport of at least 47 kilograms of cocaine. Merino possessed a firearm in furtherance of the protection of cocaine. Unbeknownst to Merino, there was no actual cocaine and each of the transactions was controlled by federal law enforcement.
“Unlike the purported cocaine involved in transports, the fentanyl that Merino distributed was real,” said U.S. Attorney Kenneth L. Parker. “Merino swore an oath to serve and protect our community as a law enforcement officer, and instead he conspired to traffic enough fentanyl to kill well over one million people.”
Court documents detail that Merino tried to recruit a confidential informant to traffic drugs with him. Merino promised law enforcement protection to the individual and said he could intervene if other law enforcement agencies attempted to investigate the confidential informant.
Possessing with intent to distribute 400 grams or more of fentanyl is a federal crime punishable by 10 years and up to life in prison. Federal Program Bribery is punishable by up to 10 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.
Charges remain pending against fellow former Columbus police officer John J. Kotchkoski, 33, of Marengo, Ohio.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Ohio Attorney General Dave Yost; and Columbus Division of Police Chief Elaine Bryant announced the plea entered into today before U.S. District Judge Edmund A. Sargus, Jr. Assistant United States Attorneys Peter K. Glenn-Applegate and Elizabeth A. Geraghty are representing the United States in this case.
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Ford County Man Sentenced to over Ten Years in Prison for Attempted Enticement of a MinorRead the Press Release
URBANA, Ill. – Robert Shawn Anderson, 52, of the 300 block of Spruce Street in Paxton, Illinois, was sentenced today to 121 months’ imprisonment, to be followed by five years of supervised release, for one count of attempted enticement of a minor.
Anderson was convicted following a jury trial in October 2021. The government presented evidence at trial to establish that Anderson arranged to meet an individual he believed to be a 15-year-old minor for sexual activity on the dating application MeetMe.
The statutory penalties for attempted enticement of a minor are 10 years to life imprisonment.
Anderson was arrested over Valentine’s Day weekend 2020 as part of an FBI operation conducted in Kankakee County, Illinois. The operation was conducted with the assistance of the Bradley Police Department, the Kankakee County Sheriff’s Office, and the Kankakee Area Metropolitan Enforcement Group. Special Assistant U.S. Attorney Shannon O’Brien and Assistant U.S. Attorney Elly Peirson represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. 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.
Floridian Sentenced for Stealing Her Deceased Grandmother’s Social Security BenefitsRead the Press Release
PITTSBURGH – A resident of Hudson, Florida, has been sentenced in federal court to 60 days’ imprisonment and three years’ supervised release on her conviction of theft of government property, United States Attorney Cindy K. Chung announced today.
United States District Judge Mark R. Hornak imposed the sentence on Lori Shaffer, age 53, of Hudson, Florida.
According to information presented to the court, from July 2013 through October 2017, Shaffer stole approximately $43,672 in Survivor’s Insurance Benefits from the United States Social Security Administration, which were paid to her deceased grandmother and to which she knew she was not entitled.
Prior to imposing sentence, Judge Hornak stated that Shaffer had committed a serious theft of taxpayers’ contributions to the Social Security system and that the evidence revealed that she had taken premeditated steps to ensure her continued access to Social Security funds to which she was not entitled. In addition to the imposed terms of imprisonment and supervised release, the court ordered Shaffer to pay restitution to the Social Security Administration in the amount of $43,672.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
United States Attorney Chung commended the Social Security Administration (SSA), Office of Inspector General for the investigation leading to the successful prosecution of Shaffer.
Florida Man Admits Assaulting Two Military Police Officers with His CarRead the Press Release
CAMDEN, N.J. – A Florida man today admitted assaulting two U.S. Air Force military police officers with his car, U.S. Attorney Philip R. Sellinger announced.
Hal Wander, 25, of Port Charlotte, Florida, pleaded guilty by teleconference before U.S. District Judge Joseph H. Rodriguez to an information charging him with assault on two federal officers using a deadly and dangerous weapon, namely, a motor vehicle.
According to documents filed in this case and statements made in court:
On Nov. 16, 2020, Wander drove his vehicle at a high rate of speed into Joint Base McGuire-Dix-Lakehurst, a U.S. military base located in Burlington County, New Jersey, without stopping at the designated check point. Two marked military police vehicles, driven by Victims 1 and 2, gave chase. Victim 1 positioned his car in front of Wander in an attempt to stop Wander, and Wander intentionally drove his car into Victim 1’s military police vehicle. Victim 2 positioned his military police vehicle behind Wander’s vehicle, and Wander intentionally drove his car backwards into Victim 2’s vehicle. While Wander’s car was stopped, Victim 1 reached into Wander’s vehicle and attempted to turn off the ignition. Wander then drove forward, dragging Victim 1 several feet before Victim 1 was able to disengage from Wander’s vehicle. Wander continued to drive his vehicle dangerously until he hit a utility pole, came to a stop, and was arrested.
The assault charge to which Wander pleaded guilty carries a maximum penalty of 20 years in prison and a fine of up to $250,000. Sentencing is scheduled for June 15, 2022.
U.S. Attorney Sellinger credited special agents of the U.S. Air Force Office of Special Investigations, Detachment 307, under the direction of Special Agent in Charge Nicholas J. Kaplan, with the investigation that led to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Elisa T. Wiygul of the Criminal Division in Camden.
Eight Men Sentenced for Roles in Methamphetamine ConspiracyRead the Press Release
ROANOKE, Va. – Eight Virginia men, who conspired to distribute more than 500 grams of methamphetamine, have been sentenced to federal prison.
Travis Dayton Largen, 40 of Galax, Va., Ronald Lee Davis, 57 of Hillsville, Va., Brandon Wayne Marshall, 37 of Galax, Va., Jeffrey Dean Ray Jr., 30 of Dobson, N.C., Zachary Neil Cochran, 26 of Hillsville, Va., Kevin Gray Westmoreland, 25 of Floyd, Va., Luke Cameron Dale, 28 of Fries, Va., and Michael Adam Weir, 59 of Fancy Gap, Va., all pleaded guilty to conspiring to possess with the intent to distribute as well as to distributing 500 grams or more of methamphetamine.
The defendants’ personal involvement in the conspiracy varied. The ringleader of the charged conspiracy, Travis Largen, was sentenced to 12 years in prison, the majority of the remaining co-conspirators received sentences of at least 10 years apiece, and yesterday, the last remaining defendant, Brandon Marshall, was sentenced to 100 months in prison.
According to court documents, the defendants conspired amongst themselves and with others to traffic methamphetamine not only in Grayson and Carroll counties in Virginia, but also in North Carolina and Georgia.
U.S. Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division announced the sentence today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Carroll County Sheriff’s Office, the Grayson County Sheriff’s Office, the Wythe County Sheriff’s Office, the Galax Police Department, and the Twin County Drug Task Force investigated the case.
Assistant U.S. Attorney Whit D. Pierce prosecuted the case.
Deported Alien Charged with Violating Immigration LawsRead the Press Release
JOHNSTOWN, Pa. – A citizen of the Dominican Republic has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal immigration laws, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Rudys Osvaldo Torres, age 48, as the sole defendant.
According to the Indictment, on or about March 15, 2021, Torres, an alien who had previously been deported and removed from the United States, and who had knowingly, intentionally, and unlawfully reentered the United States, was found in the United States in Somerset County, Pennsylvania without having applied for and received permission from the Secretary of the Department of Homeland Security to reenter the United States.
The law provides for a maximum total sentence of 20 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 Immigration and Customs Enforcement conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Danville Man Sentenced to Eight-and-a-Half Years in Prison for Fraud, Aggravated Identity Theft, and Money Laundering in Two Different JurisdictionsRead the Press Release
URBANA, Ill. – A Danville, Illinois, man, Jeffery T. Henson (also known by the alias, Matthew Burns), 44, was sentenced on February 7, 2022, to eight-and-a-half years’ imprisonment, to be followed by an aggregate three years of supervised release, for wire fraud, aggravated identity theft, and money laundering in both Central Illinois and the Chicago area.
At the sentencing hearing, U.S. District Judge Colin S. Bruce found that Henson had obtained high-paying jobs by using stolen identities to avoid his prospective employers learning of his long criminal history involving multiple prior convictions for theft and computer fraud. In addition to the sentence of imprisonment, Judge Bruce ordered Henson to pay restitution of $436,496 to a Danville employer and $2,047,424 to a Chicago-area employer.
According to court documents, in 2016, Henson pretended to be an online job recruiter to obtain the personal identifying information of a job seeker. He then used the stolen personal information to obtain a job in that person’s name as the Director of Accounting at a Schaumburg, Illinois, consulting firm. Once employed, Henson set up fraudulent companies with names similar to legitimate vendors of the consulting firm and used his position to forge company checks and direct them to his fraudulently created companies. Henson defrauded the firm of over $2 million before he fled the Chicago area and moved to Danville in 2018.
Also according to court documents, in 2018, Henson then stole the identity of an individual in Indiana with whom he made podcasts. Henson used the stolen identity to open up a fraudulent bank account and to obtain a job in that person’s name as the Comptroller of Watchfire Signs, LLC, in Danville, Illinois. As the Comptroller, Henson defrauded Watchfire by causing Watchfire’s legitimate payments for tax liabilities to be routed to the fraudulent bank account Henson had opened with the stolen identity. Henson also laundered some of the fraud money by purchasing a $50,000 cashier’s check, which he used to purchase a Mercedes-Benz for over $100,000. Watchfire discovered Henson’s scheme in November of 2019, when the victim of Henson’s identity theft contacted Watchfire after discovering that Henson was using his identity. By then, however, Henson had defrauded Watchfire of over $400,000.
Authorities arrested Henson on November 25, 2019, at a bank in Indianapolis, Indiana, when he attempted to access the fraudulent account he had set up. At the time, he was in possession of numerous stolen identity documents. Henson has remained in the custody of the United States Marshals Service since that time.
The case investigation was conducted by the Federal Bureau of Investigation and Danville Police Department. Supervisory Assistant United States Attorney Eugene L. Miller represented the government in the prosecution.
Danville Man Sentenced to 10 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
DANVILLE, Va.– The Danville man at the center of a conspiracy that distributed more than 500 grams of methamphetamine in Danville between March 2018 and October 2018, was sentenced on Friday, February 4, 2022, to 10 years in prison.
Darrell William Murdock, 35, pleaded guilty in October 2020 to one count of conspiracy to distribute and possess with the intent to distribute 50 grams or more of methamphetamine and 500 grams or more of a detectable amount of methamphetamine, one count of distributing methamphetamine, and one count of possessing with the intent to distribute five grams or more of methamphetamine.
According to court documents, beginning in March 2018 and continuing until October 2018, Murdock was the leader of a criminal conspiracy to distribute methamphetamine in and around the Danville area by using cellphones and social media applications to communicate with other members of the conspiracy and to facilitate the deadly drug’s distribution. He also “fronted” methamphetamine to other members of the conspiracy for redistribution.
Co-conspirators Bendi Annette Davis, 49 from Ringgold, VA, Steven Ray Dove, 43 from Danville, VA, Steven Wayne Flynn, 43 from Orange, VA, Misty Nicole Kiley, 45 from Danville, VA, and Lianna Nicole Parker, 31 from Rustburg, VA, are all awaiting sentencing.
U.S. Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division announced the sentence today.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration and the Danville Police Department investigated the case.
Assistant U.S. Attorney Rachel Barish Swartz prosecuted the case.
Covington Man Sentenced to 252 Months for Armed Drug TraffickingRead the Press Release
COVINGTON, Ky. – A Covington man, Deshaun A. Jackson, 39, was sentenced to 252 months in federal prison on Tuesday, by U.S District Judge David Bunning, after previously pleading guilty to conspiring to distribute crack cocaine, distribution of crack cocaine, and possession of a firearm in furtherance of drug trafficking.
Jackson led a conspiracy that distributed approximately a kilogram of crack cocaine, and lesser amounts of heroin, in the Covington area from March through July 2020. Jackson also possessed a firearm in furtherance of the commission of these offenses. Jackson has four prior felony convictions, including two for drug trafficking.
Jackson pleaded guilty in October 2021
Under federal law, Jackson must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for 10 years after his release from prison.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation; and Rob Nader, Chief of the Covington Police Department, jointly announced the sentence.
The investigation was conducted by the Federal Bureau of Investigation’s Safe Streets Task Force and the Covington Police Department. The United States was represented by Assistant U.S. Attorney Tony Bracke.
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Convicted Kidnapper and Rapist Sentenced to 22 Years After Having Assumed Another’s Identity for More Than 40 YearsRead the Press Release
Tampa, Florida – U.S. District Judge William F. Jung has sentenced Douglas Edward Bennett (77, Clearwater) to 22 years in federal prison for assuming another’s identity, applying for a passport in that identity, and possessing firearms as a convicted felon. Bennett was also ordered to pay a fine of $200,000. Bennett had pleaded guilty to the federal charges on September 30, 2021. After serving his federal sentence, Bennett will be transported to Connecticut to serve a 9 to 18-year state sentence.
According to court documents, in 1975, a Connecticut jury convicted Bennett of several violent felony and sex offenses, including robbery, kidnapping, sexual contact, rape, and two counts of deviate sexual intercourse, pursuant to which he was sentenced to 9-18 years in state prison. After his conviction, Bennett was permitted to remain out of custody pending appeal. After Bennet’s conviction was affirmed, he never surrendered to begin serving his sentence, and instead assumed the identity of Gordon Ewen, under which he lived for more than 40 years. According to Massachusetts death records, the real Gordon Ewen died in 1945.
Around July 2016, Bennett submitted a passport application using the name, date of birth, and Social Security number of Gordon Ewen and failed to disclose Bennett’s true identity.
On November 4, 2020, Bennett was arrested on the federal charges and on a warrant from the State of Connecticut. A fingerprint comparison confirmed that Bennett was the same person convicted in Connecticut in 1975. That same day, federal agents executed a search warrant at Bennett’s home where they discovered handwritten notes detailing the first time Bennett used Ewen’s identity and details on how he originally obtained Ewen’s identification documents. Additionally, inside Bennett’s home, investigators discovered and seized five firearms and nearly five thousand rounds of ammunition. As a convicted felon, Bennett is prohibited from possessing firearms or ammunition.
“The sentence in this case sends a strong message: The Diplomatic Security Service is committed to ensuring violent criminals who commit identity theft to evade justice face consequences for their actions,” said Peter Kapoukakis, Special Agent in Charge of the DSS Miami Field Office. “DSS’ collaborative relationships with the U.S. Attorney’s Office in the Middle District of Florida and our law enforcement partners continue to be essential in the pursuit of justice.”
This case was investigated by the U.S. Department of State’s Diplomatic Security Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pinellas County Sheriff’s Office, the Social Security Administration Office of Inspector General, with substantial support from the Department of State’s National Passport Center, the U.S. Marshals Service, and the Connecticut U.S. Marshals Task Force. It was prosecuted by Assistant United States Attorney Erin Claire Favorit.
Convicted Felon Sentenced on Gun ChargeRead the Press Release
BIRMINGHAM, Ala. – A federal judge sentenced a convicted felon today for being a felon in possession of a firearm, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Acting Special Agent in Charge Mickey French.
U.S. District Court Judge Annmarie C. Axon sentenced Cedric Dewayne Young, 33, of Fairfield, to two years in prison. Young pleaded guilty to being a felon in possession of a firearm in October 2021.
“This defendant resisted arrest and put police officers’ lives in danger,” U.S. Attorney Escalona said. “Our officers serve with selfless sacrifice each and every day to protect our communities, and I commend the Birmingham Police Officers for their actions in safely apprehending this defendant.”
“We must be diligent in our efforts to keep firearms out of the hands of people who make the decision to use them in an illegal manner,” SAC French said. “The ATF will continue to work with our state, local, and federal law enforcement partners and use any necessary resources to combat the violent gun crimes that occur within our communities.”
According to the plea agreement, on November 23, 2020, Birmingham Police officers were conducting an investigation at a residence in Birmingham. The complainants advised the officers that Young pointed a firearm at them. The complainants gave a description of the suspect’s vehicle. The officers issued a BOLO (“be on the lookout”) for the suspect vehicle. A short time later, an officer saw a vehicle that matched the description of Young’s vehicle at a convenience store on Jefferson Avenue SW. Two officers made contact with Young inside the store. Young was uncooperative with officers during his arrest. When officers finally got control of Young, he refused to move his right hand from under his body. Officers found a loaded Taurus 9mm pistol in the waistband of Young’s shorts.
The ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Coles County Man Resentenced to Fourteen Years and Three Months in Prison for Armed Robbery of Team Wireless StoreRead the Press Release
URBANA, Ill. – Alfred E. Jerry, 30, of Charleston, Illinois, was sentenced today to fourteen years and three months’ imprisonment, to be followed by an aggregate five-year term of supervised release, for the armed robbery of the Team Wireless store in Charleston. Jerry was originally sentenced on February 11, 2020, but was resentenced after the Seventh Circuit Court of Appeals in Chicago vacated his initial twenty-two-year sentence based on a change in federal law.
Jerry pleaded guilty in September 2019 to all three counts as charged in the indictment: obstructing commerce by robbery, brandishing a firearm in furtherance of robbery, and possession of a firearm by a felon. The charges stemmed from Jerry’s May 2019, robbery of the Woodfall Drive Team Wireless store, which was recorded by the store’s security system.
The security recording, which was played at Jerry’s original sentencing, showed a masked man wielding a revolver enter the store and order its two employees into a back room. The gunman threatened to shoot the employees if they did not comply. After the employees filled a trash bin with merchandise, the gunman took cash and keys from one of the employees. After more than five minutes in the store, the gunman left through the back door with the stolen merchandise and keys.
Police officers with the Charleston Police Department and the Eastern Illinois University Police Department arrested Jerry minutes after the robbery as he fled on foot. Police recovered a loaded revolver, stolen merchandise, and a ski mask containing DNA evidence linking Jerry to the robbery nearby.
Jerry has remained in federal custody since his arrest. Jerry has prior convictions for robbery and attempted murder.
The Federal Bureau of Investigation, the Charleston Police Department, the Eastern Illinois University Police Department, and the Coles County Sheriff’s Office, collaborated in the investigation. Supervisory Assistant United States Attorney Eugene L. Miller represented the government at the resentencing.
California Man Admits Laundering Money from Fraudulent SBA Loans and Business Email Compromise Fraud Scheme Targeting Law FirmRead the Press Release
NEWARK, N.J. – A California man pleaded guilty today to laundering money from fraudulently obtained Small Business Association (SBA) loans and from a law firm that was the victim of a business email compromise, U.S. Attorney Philip R. Sellinger announced.
Eric Bullard, 59, of California, pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of money laundering conspiracy. Bullard is currently detained and, at the time of the offense, was on federal supervised release from the U.S. District Court for the Central District of California stemming from armed bank robbery charges.
According to documents filed in this case and statements made in court:
In June 2020, Victim 1, a resident of Bergen County, New Jersey, communicated via email with a New Jersey law firm, which was advising Victim 1 on a real estate transaction. During the course of this email correspondence, an unknown person compromised an email account used by the New Jersey law firm. Victim 1 was duped into wiring approximately $560,000 to a business bank account controlled by Bullard. Several hundred thousand dollars were then transferred from Bullard’s account into bank accounts controlled by other individuals.
Bullard and others also conspired to launder the proceeds of fraudulently obtained COVID-19 disaster relief loans guaranteed by the SBA. In July 2020, money obtained through these loans was deposited into Bullard’s bank accounts.
The money laundering conspiracy charge has a maximum term of 20 years, and a maximum fine of $500,000 or twice the value of the funds involved in the transfer, whichever is greater.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jamie L. Hoxie of the Cybercrime Unit in Newark.
CEO of Private Equity Fund Pleads Guilty to Scheme to Defraud Banks of $140 MillionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ELLIOT SMERLING pled guilty today to a bank fraud scheme that caused the issuance of approximately $140 million in collateralized loans on the basis of forged documents, including subscription agreements from purported limited partners, audit letters attesting to his private equity firm’s finances, and falsified bank account statements. SMERLING also pled guilty to securities fraud in connection with his solicitation of investments in his private equity funds through materially false and misleading statements. SMERLING pled guilty before U.S. District Judge Denise L. Cote, to whom his case is assigned.
U.S. Attorney Damian Williams said: “As he admitted today, Elliot Smerling used false documents and deceit to obtain over $100 million in fraudulent loans on behalf of his private equity funds. This Office is committed to protecting the integrity of the U.S. financial system, and going after fraudsters who seek to manipulate it for their personal gain. Thanks to our valued partners at the FBI, Smerling now awaits sentencing for his crimes.”
According to the allegations contained in the Superseding Information, court filings, and statements made during the plea proceeding:
From at least in or about January 2019 through at least in or about March 2021, ELLIOT SMERLING, the defendant, solicited and obtained loans totaling approximately $140 million on behalf of his private equity funds, which were secured by purported capital commitments made by limited partners in the funds. SMERLING obtained the loans on the basis of falsified documents and material misrepresentations, including: (1) a forged audit letter, purportedly prepared by an international network of accounting, audit, tax, and professional services firms, attesting to audited financial statements; (2) forged subscription agreements that falsely represented, among other things, that the investment fund of a private university based in New York, New York, and the chief investment officer of that fund had committed $45 million, and that the investment management division of a banking and financial services firm headquartered in New York, New York, and the chief executive officer of that firm had committed $40 million; and (3) falsified bank records purporting to attest to wire transfers from purported limited partners to Smerling’s funds.
In connection with his bank fraud scheme, from at least in or about January 2013 through at least in or about March 2021, SMERLING also solicited investments in his private equity funds through materially false and misleading statements concerning the funds’ audited financial statements, limited partners, capital commitments, and holdings.
* * *
SMERLING, 52, of Lake Worth, Florida, pled guilty to one count of bank fraud, which carries a maximum penalty of thirty years in prison, and one count of securities fraud, which carries a maximum penalty of twenty years in prison. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as SMERLING’s sentence will be determined by the judge. SMERLING’s sentencing is scheduled for May 13, 2022 at 12:00 p.m. before Judge Cote.
Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution.
Brockton Man Sentenced for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A Brockton man was sentenced yesterday in federal court in Boston for illegally possessing a Smith & Wesson, .40 caliber pistol and ammunition.
David Dardy, 32, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to two years in prison and two years of supervised release. On Sept. 17, 2021, Dardy pleaded guilty to one count of possessing a firearm and ammunition while being a convicted felon.
On or about Sept. 19, 2020, Dardy possessed a Smith & Wesson, .40 caliber pistol. The firearm was loaded with five rounds of .40 caliber “Federal 40 S&W” ammunition, five rounds of .40 caliber “Perfecta 40 S.W.” ammunition, two rounds of .40 caliber “PPU 40 S&W” ammunition and one round of .40 caliber “FC NR 40 S&W” ammunition.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistant U.S. Attorney Kaitlin R. O’Donnell of Rollins’ Organized Crime and Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Boston Man Sentenced to over Five Years in Prison for Drug ConspiracyRead the Press Release
BOSTON – An alleged member of the Franklin Hill street gang in Boston was sentenced today for his role in a drug trafficking conspiracy involving cocaine base (crack cocaine).
Timmy Hunt, 31, was sentenced by U.S. District Court Judge Denise J. Casper to 70 months in prison and four years of supervised release. On Oct. 21, 2021, Hunt pleaded guilty to two counts of distribution and possession with intent to distribute cocaine base and one count of conspiracy to distribute and possess with intent to distribute over 28 grams of cocaine base. Hunt was indicted in June 2020 along with co-conspirator Trevel Brewster.
Hunt distributed crack cocaine to Brewster, who in turn sold the drugs to a cooperating witness in February and March of 2020. Immediately prior to both sales, Hunt arrived in a separate vehicle and provided the drugs to Brewster before Brewster sold them to the cooperating witness. In total, Hunt provided approximately 40.35 grams of crack cocaine for Brewster to sell to the cooperating witness. On Sept. 16, 2021, Brewster was sentenced by Judge Casper to five years in prison and four years of supervised release.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Division; Boston Police Acting Commissioner Gregory Long; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Suffolk County Sheriff Steven W. Tompkins; and Brockton Police Chief Emanuel Gomes made the announcement today. Rollins’ Major Crimes Unit prosecuted the case.
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.
Boston Man Sentenced for Cocaine TraffickingRead the Press Release
BOSTON – A Boston man was sentenced on Thursday, Feb. 3, 2022, in federal court in Boston for his role in a cocaine trafficking conspiracy.
Michael Toussaint, 40, of Hyde Park, was sentenced by U.S. District Court Judge Richard G. Stearns to 30 months in prison and three years of supervised release. In June 2021, Toussaint pleaded guilty to conspiracy to distribute and possession with intent to distribute cocaine and cocaine base.
In June 2020, Toussaint was charged along with 23 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents. The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown.
During the investigation, investigators identified Toussaint as a drug trafficker and distributor. From September 2019 through February 2020, during intercepted calls between Toussaint and a co-conspirator, Toussaint ordered distribution quantities of cocaine. The investigation identified that, in February 2020 alone, Toussaint participated in at least 10 drug deals and ordered over 400 grams of cocaine. Toussaint is the 5th defendant to be sentenced in the case.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Berkeley County woman sentenced for role in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Dallas Marie Harris, of Inwood, West Virginia, was sentenced today to time served for her role in a drug conspiracy that spanned several states, United States Attorney William Ihlenfeld announced.
Harris, 24, pleaded guilty in October 2020 to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin and Fentanyl.” Harris admitted to working with another to distribute heroin and fentanyl in September 2019 in Jefferson County/
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Related case here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
Berkeley County woman sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Felicia Johnson, of Martinsburg, West Virginia, was sentenced today to three years of probation for a drug charge, United States Attorney William Ihlenfeld announced.
Johnson, 34, pleaded guilty in September 2021 to one count of “Possession with Intent to Distribute Cocaine Hydrochloride.” Johnson admitted to having cocaine hydrochloride in February 2021 in Berkley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; U.S. Marshals Service, Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; The Drug Enforcement Administration; the West Virginia Air National Guard, the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative (agencies included are the West Virginia State Police, Berkeley County Sheriff’s Department, Jefferson County Sherriff’s Department, Ranson Police Department, Charles Town Police Department, and Martinsburg City Police Department); West Virginia State Police; Customs and Border Protection; the Hagerstown Police Department; the National Resources Police Department; FBI-New York Safe Streets Task Force; the New York Police Department; the New Jersey State Police; the Washington County (Maryland) Drug Task Force; the Maryland State Police; the U.S. Attorney’s Office for the District of Maryland; and the U.S. Attorney’s Office for the Middle District of Pennsylvania investigated.
Chief U.S. District Judge Gina M. Groh presided.
Find the original press release here: https://www.justice.gov/usao-ndwv/pr/34-indicted-expansive-drug-trafficking-operation
Bel Air Man Sentenced to 28 Months in Federal Prison for a Conspiracy to Defraud the Company Where He Worked of More Than $2 MillionRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Kevin Miller, age 48, of Bel Air, Maryland, to 28 months in federal prison, followed by two years of supervised release, for conspiracy and for wire fraud, in connection with a scheme to defraud a Maryland company of more than $2 million. Chief Judge Bredar also ordered Miller to pay restitution in the amount of $2,799,729.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement and other court documents, Miller was employed as the Director of Planning, Logistics, and Control at Company A, located in Linthicum, Maryland. Miller conspired with Mean Peach, Eam Peng Chou, Chonnathason Has, Thi Van Ho, and separately with David Dempsey, in schemes to defraud Company A, which was engaged in the business of manufacturing personal products, such as hair care, hair dye and lotions, of at least $2.4 million.
As detailed in his plea agreement, Miller was responsible for determining the timing and volume requirements for materials used in the manufacturing operations at Company A, and had the authority to approve payments of invoices submitted by vendors and service providers without obtaining approval from anyone else at Company A.
In the first scheme, which took place between 2013 and 2015, Miller and Dempsey agreed to a kickback scheme in which Dempsey submitted fraudulent invoices from Company B, a company that he owned, to Company A for items that his company never actually provided. Miller then approved the payment of those invoices. Once Dempsey received payment from Company A, he wrote a check to Miller, drawn on the Company B account, for a portion of the amount of the false invoices. In all, Dempsey paid kickbacks to Miller totaling $321,660.
The second fraud scheme took place between approximately September 2015, and December 2018. In 2015, Company A assigned Miller the task of arranging for vendors to dispose of various waste products that were stored at the Company’s two warehouse locations in Maryland. Miller, Ho, Peach, Has, and Chou, agreed to created and use shell companies in various names, with business addresses that were mailboxes at commercial mail facilities, to submit fraudulent invoices to Company A for waste disposal and other work that was never performed by those entities. Miller approved the fraudulent invoices and submitted them to Company A’s accounting department for payment. Company A then issued checks which the conspirators would transmit and cause to be transmitted from Maryland to Pennsylvania. Peach, Chou, and Has would cash the checks at facilities in Philadelphia and the proceeds would be divided up among the conspirators.
As a result of the conspiracies and schemes to defraud, Miller and his co-conspirators caused Company A to issue approximately $2.4 million in checks for goods and services that it never received.
David Dempsey, age 55, of Bel Air, Maryland, was sentenced to a year and a day in federal prison for conspiracy to commit wire fraud. Chonnathason Has, a/k/a Bora Has, age 54, Mean Peach, age 65, and Eam Peng Chou, age 56, all of Philadelphia, Pennsylvania, were sentenced to three years in federal prison, two years in federal prison, and a year and a day in federal prison, respectively, for conspiracy, wire fraud, and for interstate transportation of stolen property. Has was ordered to pay restitution in the amount of $2,478,069.16. Peach and Chou were each also ordered to pay restitution in the amount of $1,645,494. Thi Ho, age 51, of Bear, Delaware, who also pleaded guilty to conspiracy and interstate transportation of stolen property, was sentenced to 46 months in federal prison and ordered to pay restitution of $2,478,069.16.
United States Attorney Erek L. Barron commended the FBI for its work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Kathleen O. Gavin, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to report fraud, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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Beaumont Man Guilty of Federal Drug Trafficking and Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A Beaumont man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Tywayne Marquis Parker, 26, pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime today before U.S. District Judge Marcia Crone.
According to information presented in court, on June 21, 2021, Parker was stopped in Beaumont for a traffic violation. A search of the vehicle revealed a firearm on the driver’s floorboard, and approximately 100 grams of pills containing methamphetamine. Officers also found a large amount of cash in varying denominations and other evidence of drug trafficking.
Parker was indicted by a federal grand jury on October 6, 2021. He faces up to life in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
Bay City Vascular Surgeon Pleads Guilty in Connection with Defrauding Medicare, Medicaid, and Blue Cross Blue Shield of $19.5 MillionRead the Press Release
BAY CITY - A vascular surgeon from Bay City, Michigan pleaded guilty today to participating in a scheme to defraud Medicare, Medicaid, and Blue Cross/Blue Shield out of approximately $19.5 million, announced United States Attorney Dawn N. Ison.
Ison was joined in the announcement by Acting Special Agent in Charge Joshua Hauxhurst of the FBI’s Detroit Division and Special Agent in Charge Mario Pinto of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office.
Pleading guilty was Dr. Vasso Godiali, 59.
According to the plea agreement, Godiali began knowingly defrauding the three medical insurers in approximately 2009 and did so by causing the submission of false billing to all three insurers. As evidenced in the plea agreement, Godiali’s false and fraudulent billing includes admissions related to claims for the placement of stents in dialysis patients and for the treatment of arterial blood clots. Godiali admitted that he billed for the placement of multiple stents in the same vessel, and prepared medical records purporting to document the medical necessity justifying that billing. In fact, Godiali did not place those stents, and he admitted to billing the insurers for services never rendered while preparing materially inaccurate medical records to justify the fraudulent billing. With respect to arterial blood clots, the plea agreement documents a similar pattern of misconduct. Godiali acknowledged that his medical records would describe encountering occluded arteries that would appear to justify the performance of arterial thrombectomies. In fact, as Godiali admitted that he often encountered no such occlusions, performed no such thrombectomies, and thus billed insurers for services never rendered while preparing false medical records to justify the fraudulent claims.
“The scale of Dr. Godiali’s fraud is stunning and his willingness to illegally enrich himself at the expense of our district’s taxpayers and policyholders is egregious.” said U.S. Attorney Ison. “Brazen schemes like this have no place in our district, and today’s guilty plea reflects my office’s commitment to holding medical providers accountable when they abuse society’s trust by engaging in such misconduct.”
“When Dr. Godiali submitted claims for medical services that were never provided, he violated the trust of his patients and defrauded taxpayer-funded health care programs,” said Special Agent in Charge Mario M. Pinto. "HHS-OIG agents will continue to work with our law enforcement partners to identify and investigate medical providers who prey on beneficiaries and steal from federal health care programs."
“Today’s guilty plea should send a clear message to all health care providers that health care fraud is a federal crime that carries serious consequences and will not be tolerated,” said Josh P. Hauxhurst, Acting Special Agent in Charge of the FBI in Michigan. “In partnership with federal, state, and private sector partners, the FBI will work diligently to identify these fraud schemes and hold parties who execute them accountable.”
Sentencing is set for September 15, 2022. Godiali faces up to ten years’ imprisonment and the forfeiture of $19.5 million. Under the terms of the plea agreement, Godiali will be required to pay $19.5 in restitution to Medicare, Medicaid, and Blue Cross Blue Shield of Michigan. A civil forfeiture case against approximately $39.9 million seized from accounts controlled by Godiali remains pending.
The case was investigated by Special Agents of the HHS and FBI, with cooperation and assistance from the Michigan Attorney General’s Office, Michigan Department of Health and Human Services - Office of Inspector General.
The case is being prosecuted by Assistant U.S. Attorneys John K. Neal, Philip A. Ross, and Craig F. Wininger with assistance from the Michigan Attorney General’s Health Care Fraud Division.
7 February 2022
Woodbury County Woman Pleads Guilty to Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty February 3, 2022, in federal court in Sioux City.
Tarina Hinojosa, 36, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Hinojosa admitted that from January 2021 through September 2021, she and others distributed more than 50 grams of methamphetamine. Evidence further showed that in February 2021, Hinojosa was arrested for possession of an eight-ball of methamphetamine in Sioux City. Also, in July 2021, in a traffic stop in Sioux City, officers seized 146 grams of methamphetamine in two separate baggies and $2,200 from Hinojosa. Later, in September 2021, in another traffic stop in Sioux City, officers seized approximately 50 grams of methamphetamine in multiple baggies from Hinojosa. Hinojosa admitted she planned to distribute some or all of these amounts of methamphetamine to other persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Hinojosa remains in custody of the United States Marshal and will remain in custody pending sentencing. Hinojosa faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4082. Follow us on Twitter @USAO_NDIA.
Wetumpka Man Sentenced Following Federal Gun and Drug ConvictionsRead the Press Release
Montgomery, Alabama – On Wednesday, February 2, 2022, Richard Herbert Smith, 45, from Wetumpka, Alabama, was sentenced to 145 months in federal prison, announced United States Attorney Sandra J. Stewart. The judge also ordered that Smith serve three years of supervised release following his prison sentence and pay a fine of $35,000.00. There is no parole in the federal system.
According to court records and evidence presented at his trial in June 2021, law enforcement learned that Smith was selling cocaine to a co-conspirator, Ronnie White, 51, from Montgomery. In December of 2017, officers conducted a traffic stop on a vehicle being driven by Smith and found five ounces of cocaine and a firearm. The jury also heard testimony that White regularly purchased cocaine from Smith and that White was expecting to buy between five and nine ounces on the day of the traffic stop. Other testimony was provided indicating that Smith often carried a firearm during these transactions and that he would occasionally conduct the illegal drug sales while wearing his Air Force Reserve uniform.
Ronnie White, who is a convicted felon, previously pleaded guilty to distribution of cocaine and being a felon in possession of a firearm. He was sentenced to 37 months in prison in July of this year.
This case was investigated by the Drug Enforcement Administration (DEA) and the Montgomery Police Department, with assistance from the Prattville Police Department, the Alabama Law Enforcement Agency (ALEA), and the Alabama National Guard Counterdrug program. Assistant United States Attorneys Russell T. Duraski and Mark E. Andreu prosecuted the case.
West L.A. Compounding Pharmacy Owner Sentenced to 2½ Years in Federal Prison for Running $14 Million Health Care Fraud SchemeRead the Press Release
LOS ANGELES – A West Los Angeles pharmacist was sentenced today to 30 months in federal prison for orchestrating a scheme that fraudulently obtained millions of dollars for compounded drugs in a scheme that paid illegal kickbacks for patient referrals and fraudulently paid patients’ copayments.
Navid Vahedi, 42, of Brentwood, was sentenced by United States District Judge Christina A. Snyder. Vahedi and his West Los Angeles-based company, Fusion Rx Compounding Pharmacy, pleaded guilty in February 2021 to one count of conspiracy to commit health care fraud and payment of illegal remunerations.
On January 18, Judge Snyder sentenced Fusion Rx Compounding Pharmacy to five years of probation. She has ordered Vahedi and his company to jointly pay $4,400,525 in restitution.
Fusion Rx was a provider of compounded drugs, which are tailor-made products doctors may prescribe when FDA-approved alternatives do not meet the health needs of patients. Vahedi, a licensed pharmacist, and Fusion Rx routed millions of dollars in kickback payments through the businesses of two marketers to steer prescriptions for compounded drugs to Fusion Rx.
As part of the scheme, Vahedi and the two marketers provided physicians with preprinted prescription script pads that offered “check-the-box” options on the form to maximize the amount of insurance reimbursement for the compounded drugs. From May 2014 to at least February 2016, Fusion Rx received approximately $14 million in reimbursements on its claims for compounded drug prescriptions.
As part of its contracts with various insurance networks, Fusion Rx was obligated to collect copayments from patients. Because the copayments might discourage patients from requesting expensive and potentially unnecessary compounded drug prescriptions, Fusion Rx did not collect copayments with any regularity and, in other instances, it provided gift cards to patients to offset the amount of the copayments, according to court documents.
After an audit raised concerns that Fusion Rx’s failure to collect copayments would be discovered, Vahedi directed Fusion Rx funds to be used to purchase American Express gift cards, which were then used to make copayments for certain prescriptions without the patients’ knowledge. Fusion Rx then submitted claims on these prescriptions to various insurance providers, falsely representing that patients had paid the required copayments.
“As a pharmacist offering compounded medications, [Vahedi] had a real opportunity to use his skills to help patients in need, individuals whose unique health challenges made it impossible for them to depend on the FDA-approved medications others rely on,” prosecutors wrote in a sentencing memorandum. “Instead, defendant converted his pharmacy into an assembly line for his own enrichment.”
The two marketers involved in the scheme – Joshua Pearson, 42, of St. George, Utah, and Joseph Kieffer, 41, of West Los Angeles – previously pleaded guilty in this case. Judge Snyder sentenced Kieffer to six months in federal prison and ordered him to pay $1.25 million in restitution. Pearson was sentenced to three years of probation.
The Defense Criminal Investigative Service, the FBI, the Amtrak Office of Inspector General, the Office of Personnel Management’s Office of Inspector General, and the Office of Inspector General for the United States Department of Health and Human Services investigated this matter.
Assistant United States Attorneys Alexander B. Schwab of the Major Frauds Section and Jonathan S. Galatzan of the Asset Forfeiture Section prosecuted this case.
Texas Man Pleads Guilty to Threatening a Medical Doctor Who Publicly Advocated for the Covid-19 VaccineRead the Press Release
Baltimore, Maryland – Scott Eli Harris, age 51, of Aubrey, Texas pleaded guilty today to threats transmitted by interstate communication, related to a threatening message sent to a Maryland medical doctor, who publicly advocated for the COVID-19 vaccine.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
“Threats and intimidation should not be tolerated,” said United States Attorney Erek L. Barron. “This office and our law enforcement partners will continue to investigate and prosecute such conduct.”
“During the pandemic, we have seen a disturbing increase in threats of violence targeting doctors and public health advocates,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Public health officials and doctors deserve our respect for their tireless efforts during the ongoing pandemic, and individuals who seek to use threats of violence to intimidate and silence them will be held accountable.”
“These threats are taken very seriously and the response to them is an example of the FBI’s dedication to keeping our community safe,” said Special Agent in Charge Thomas J. Sobocinski of the FBI Baltimore Field Office. “No one should live in fear for doing their job. Posting a threat online, through mail or over the phone is a crime and comes with consequences, whether or not the person intended to carry out the threat.”
According to his plea agreement and statements made in connection with the plea hearing, Harris sent a threatening message from his cellular phone to a Maryland doctor who had been a vocal proponent of the COVID-19 vaccine. Harris’ message included violent statements including “Never going to take your wonder drug. My 12 gauge promises I won’t .… I can’t wait for the shooting to start.” The message also referenced the doctor’s Asian-American race and national origin.
Harris faces a maximum sentence of five years in federal prison. U.S. District Judge George L. Russell, III has scheduled sentencing for April 21, 2022.
United States Attorney Erek L. Barron and Assistant Attorney General Kristen Clarke commended the FBI for their work in the investigation and thanked Assistant U.S. Attorney P. Michael Cunningham and Trial Attorney Katherine DeVar of the Justice Department’s Civil Rights Division, who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/civil-rights and https://www.justice.gov/usao-md/community-outreach.
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