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Monday 8 November 2021
Drug Trafficker Sentenced to over 24 Years in PrisonRead the Press Release
Gulfport, Miss. - A Dominican man was sentenced to 293 months in federal prison for conspiracy to distribute and attempt to distribute cocaine, announced Acting U.S. Attorney Darren LaMarca and Acting Special Agent in Charge Jack P. Staton of Homeland Security Investigations in New Orleans.
Antony Daniel Abreu, 33, a citizen of the Dominican Republic and resident of New York, was found guilty following a seven day trial by a jury in July, 2021, on two counts of conspiracy and attempted drug trafficking.
The trial testimony established that Abreu conspired with five others in the Dominican Republic, Philadelphia, PA, and New York, NY, to purchase 17 kilos of cocaine in Gulfport. The drugs were to be taken back to New York in a hidden compartment of a car that had been shipped from Philadelphia. Three defendants were apprehended in downtown Gulfport during the operation.
Abreu and defendant Darrell Young went to trial and were both found guilty. The third defendant, Christopher Nguyen, entered a guilty plea prior to trial. Young and Nguyen will be sentenced in January, 2022.
Abreu was sentenced on Thursday, November 4, 2021 in Gulfport. In addition to his prison term of 293 months, he was ordered to pay a $10,000 fine and serve 5 years of supervised release after completing his term of imprisonment.
Homeland Security Investigations investigated the case.
Assistant U.S. Attorneys Annette Williams and Jonathan Buckner prosecuted the case.
District of Columbia Couple Pleads Guilty to Child Cruelty ChargesRead the Press Release
WASHINGTON – A District of Columbia man and his fiancé have pleaded guilty to child cruelty charges stemming from an assault of a five-year-old girl in their care, U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department, announced today.
Dawub Balil, also known as Tyvez Jackson, 26, and Diamond Taylor, 24, pleaded guilty on Nov. 3, 2021, in the Superior Court of the District of Columbia. Balil pleaded guilty to first-degree cruelty to children, a felony, and Taylor pleaded guilty to a felony charge of second-degree cruelty to children. Both also pleaded guilty to a misdemeanor charge of obstruction of justice. Both defendants are to be sentenced Jan. 28, 2022, by the Honorable Marisa Demeo.
According to the government’s evidence, Balil and Taylor resided in the 2800 block of Pomeroy Road SE, with four children, including the 5-year-old, who is identified in court documents as “D.J.” Balil is the child’s father. He and Taylor, who was not “D.J.”’s biological mother, were the primary caregivers for her and had exclusive care and custody of her weeks prior to “D.J.’s” hospitalization.
On May 28, 2020, at approximately 1:30 p.m., Taylor called 911 and reported that “D.J.” fell from the top of her bunk bed, which she later admitted was untrue. The D.C. Fire and Emergency Medical Services Department arrived on the scene and found “D.J.” in the bathroom, face up in the tub. The shower was running, and the tub was filling up with cold water.
The girl was taken to Children's National Medical Center. A pediatrician noted that she suffered from a severe head trauma, a lacerated liver, old and new rib fractures, and fractures to her tibia and wrists, among other injuries. Several of those injuries were loop shaped and were concentrated on her thighs. The doctor believed the marks were consistent with being hit with a belt. The doctor also stated that she believed these injuries were consistent with repeated abuse.
After “D.J.” was taken to the hospital, Balil subsequently threatened his roommates and took their cell phone so that they would not be able to make a report about the child abuse to the D.C. Child and Family Services Agency or the Metropolitan Police Department. Taylor admitted that on May 28, 2020, she told her children not to tell the police that Balil beats the children.
In their guilty pleas, both defendants acknowledged inflicting injuries on “D.J.” on other occasions.
In announcing the pleas, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the Children’s National Medical Center. They acknowledged the efforts of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Gilbert, Meridith McGarrity, and Tasha Harris; Investigative Analyst Zachary McMenamin; Supervisor Litigation Technology Specialist Leif Hickling, and Victim/Witness Advocate Marcia Rinker. Finally, they commended the work of Assistant U.S. Attorney Cynthia Wright, who prosecuted the case.
Clearfield, PA Man Pleads Guilty in Meth Distribution SchemeRead the Press Release
JOHNSTOWN, Pa. – A former resident of Clearfield, PA pleaded guilty in federal court to a charge of violating narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
Chad Lawhead, 48, pleaded guilty to a lesser included 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, Lawhead did conspire to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for March 15, 2022.The law provides for a minimum sentence of 5 years in prison and a maximum 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 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 Lawhead. 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.
Cincinnati Man Sentenced to 250 Months for Fentanyl and Heroin TraffickingRead the Press Release
COVINGTON, Ky.— A Cincinnati man, Clarence Toney, 41, was sentenced to 250 months in federal prison on Friday, by Chief U.S. District Judge Danny C. Reeves, after pleading guilty to the distribution of fentanyl and heroin and violating his supervised release conditions. Toney was classified as a career offender.
In his guilty plea, Toney admitted that, on six separate occasions in Covington, he sold a mixture or substance containing a detectable amount of fentanyl to a confidential informant working with the Covington Police Department. On two of the six occasions, the substance he sold also included a detectable amount of heroin. In addition to pleading guilty to the charges, Toney also admitted that his actions violated the conditions of his supervised release for a previous drug trafficking conviction.
Toney pleaded guilty in July 2021.
Under federal law, Toney must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for six years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Col. Robert Nader, Chief of Police, Covington Police Department, announced the sentence.
The investigation was conducted by the FBI and the Covington Police Department. The United States was represented by Assistant U.S. Attorney Kyle M. Winslow.
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Charles J. Kovats Named Acting United States Attorney for the District of MinnesotaRead the Press Release
MINNEAPOLIS – Charles J. Kovats has been named as the Acting United States Attorney for the District of Minnesota following the departure of former Acting United States Attorney W. Anders Folk. Mr. Kovats previously served as the office’s Criminal Division Chief since 2018.
Acting United States Attorney Kovats has served the citizens of the District of Minnesota as a prosecutor since 2010 when he joined the United States Attorney’s Office as the National Security Section Chief. In 2012, Mr. Kovats was selected by former Secretary of Defense Leon E. Panetta to serve on the Defense Legal Policy Board in Washington, D.C., which was tasked with reviewing the application of military justice in both Iraq and Afghanistan. Prior to moving to the District of Minnesota, Mr. Kovats served as an Assistant United States Attorney in the Central District of California from 2005 until 2010.
A veteran, Mr. Kovats served for seven years in the United States Army Judge Advocate General’s Corps. Mr. Kovats received his B.A. from Santa Clara University in 1992 and, in 1996, earned his law degree from the University of San Francisco School of Law.
Former Acting United States Attorney W. Anders Folk stepped down to take a position with the Office of the Deputy Attorney General, in Washington D.C.
Champaign Woman Convicted of Providing a Firearm to a FelonRead the Press Release
URBANA, Ill. – Lawanda Moore, 31, of the 200 block of Arcadia Drive in Champaign, Illinois, pleaded guilty on November 5, 2021, to unlawfully transferring a firearm to a convicted felon. A sentencing hearing is scheduled for March 7, 2022, in federal court in Urbana, Illinois.
At the change-of-plea hearing before U.S. Magistrate Judge Eric I. Long, Moore admitted to transferring a firearm to Timothy Davis, also of Champaign. When Moore transferred the gun to Davis, she knew he had been previously convicted of a felony and, as a result, was not allowed to lawfully possess a firearm.
At sentencing, Moore faces statutory penalties of up to ten years in prison, a fine of up to $250,000, and up to three years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Champaign Police Department. Assistant U.S. Attorney Rachel Ritzer is representing the United States in the prosecution.
Camden Woman Sentenced to 63 Months in Prison for Role in Drug Trafficking OrganizationRead the Press Release
CAMDEN, N.J. – A Camden woman was sentenced today to 63 months in prison for conspiring to distribute heroin in the city of Camden, Acting U.S. Attorney Rachael A. Honig announced.
Jasmin Velez, 27, of Camden, previously pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to an information charging her with one count of conspiracy to distribute heroin within 1,000 feet of a school. During her sentencing hearing, Velez agreed that the amount of heroin jointly attributable to her, as a member of the conspiracy, was three to 10 kilograms. She also acknowledged her role, as a member of the conspiracy, with respect to the distribution of cocaine and cocaine base.
According to documents filed in this case and statements made in court:
A total of 19 defendants were arrested in late 2018 on drug-trafficking charges based on the FBI’s investigation of a drug-trafficking organization that ran the open-air narcotics trade on the 400-500 block of Pine Street in Camden for several months in 2018. The investigation used video surveillance, confidential informants, consensual recordings, controlled drug purchases, and several court-authorized wiretaps to uncover the inner workings of the drug-trafficking organization. The organization included street-level sellers like Velez, who worked various shifts selling drugs to customers and collecting drug proceeds. These sellers were supervised by different layers of managers who, in turn, supplied them with pre-packaged heroin, some of which was mixed with fentanyl, as well as cocaine and crack cocaine. The FBI and other law enforcement officers recovered multiple firearms from different locations connected to the drug organization at the time of the 2018 arrests.
Sixteen defendants already have entered guilty pleas on drug conspiracy charges. Three defendants are awaiting trial; the charges against them are merely accusations, and they are presumed innocent unless and until proven guilty.
In addition to the prison term, Judge Bumb sentenced Velez to six years of supervised release.
Acting U.S. Attorney Honig credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Jacqueline Maguire; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; the Camden County Prosecutor’s Office, under the direction of Acting Prosecutor Jill S. Mayer; the Camden County Sherriff’s Department, under the direction of Sheriff Gilbert L. Wilson; the Cherry Hill Police Department, under the direction of Chief William P. Monaghan; and the N.J. State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s sentencing. She also thanked the Drug Enforcement Administration, the U.S. Marshals Service, and the Department of Homeland Security for their assistance.
This case 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 government is represented by Assistant U.S. Attorneys Sara Aliabadi and Patrick C. Askin of the U. S. Attorney’s Office Criminal Division in Camden.
Bridgeport Fentanyl Dealer Sentenced to 5 Years in Federal PrisonRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that ANTHONY FIGUEROA-GONZALEZ, 29, of Bridgeport, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by four years of supervised release, for distributing fentanyl.
According to court documents and statements made in court, in August 2019, the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force identified Figueroa-Gonzalez as a large-scale distributor of fentanyl. On September 17 and November 7, 2019, investigators made controlled purchases, each of approximately 50 grams of fentanyl from Figueroa-Gonzalez in Bridgeport.
Figueroa-Gonzalez was arrested on a federal criminal complaint on May 6, 2020. On July 27, 2021, he pleaded guilty to possession with intent to distribute, and distribution of, 40 grams or more of fentanyl.
Figueroa-Gonzalez, who is released on a $100,000 bond, is required to report to prison on December 29.
The DEA’s Bridgeport HIDTA Task Force includes personnel from the DEA Bridgeport Resident Office, the Connecticut State Police, and the Bridgeport, Norwalk, Stamford, Stratford, Milford and Danbury Police Departments. This case was prosecuted by Assistant U.S. Attorney Karen L. Peck.
Boston Man Sentenced for Firearm and Ammunition OffensesRead the Press Release
BOSTON – A Boston man was sentenced today for illegal possession of a firearm and ammunition.
Rahshjeem Benson, a/k/a “Six Nine,” 39, was sentenced by U.S. District Court Judge Leo T. Sorokin to nine years in prison and three years of supervised release. On July 7, 2021, Benson was convicted by a federal jury of one count of being a felon in possession of a firearm and ammunition.
In April 2019, Benson was arrested inside a bar in the Copley area of Boston after he was observed selling cocaine outside the bar and cocaine was recovered from the purchaser. A Charter Arms Bulldog Pug .44 SPL caliber revolver loaded with five Smith & Wesson .44 SPL caliber cartridges was found in Benson’s sweatshirt pocket following his arrest. A subsequent investigation revealed that the firearm had been stolen from a car in New Hampshire approximately three weeks prior. Moreover, text messages on Benson’s cell phone revealed that for months prior to his arrest, Benson had been regularly selling drugs including cocaine, heroin and fentanyl from the bar and elsewhere in the Copley area.
Due to prior felony convictions for drug trafficking and unlawful possession of a firearm, Benson is prohibited from possessing firearms or ammunition.
Acting United States Attorney Nathaniel R. Mendell; 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 today. Assistant U.S. Attorneys Elianna J. Nuzum and Fred M. Wyshak, III of Mendell’s Criminal Division 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.
Berkeley County man sentenced for firearms violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nathan Johnson, of Martinsburg, West Virginia, was sentenced today to three years of probation for a firearms violation, United States Attorney William J. Ihlenfeld, II announced.
Johnson, age 45, pleaded guilty in January 2020 to one count of “Unlawful Possession of a Firearm.” Johnson, a person prohibited from having firearms, admitted to having 34 firearms in March 2017 in Berkeley County.
Johnson was also ordered to pay a $5,000 fine and ordered to forfeit 36 firearms, as well as thousands of rounds of ammunition.
Assistant U.S. Attorney Timothy D. Helman prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Berkeley County man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Caleb Sinclair, of Martinsburg, West Virginia, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Sinclair, 35, pleaded guilty today to one count of “Conspiracy to Distribute Fentanyl and Heroin and Cocaine Base.” Sinclair admitted to working with others to distribute fentanyl, heroin, cocaine base, and cocaine hydrochloride from August 2020 to June 2021 in Berkeley County and elsewhere.
Sinclair faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Lara Omps-Botteicher and Timothy D. Helman are prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Beaver County Farmer and Employee Charged with Using Toxic Pesticide to Kill Migratory BirdsRead the Press Release
PITTSBURGH, Pa. – Two residents of western Pennsylvania have been charged with offenses related to the unlawful killing of migratory birds, Acting United States Attorney Stephen R. Kaufman announced today.
The three-count Information filed today in federal court names Robert Yost, 50, of New Galilee, PA, and Jacob Reese, 25, of Enon Valley, PA, as defendants.
According to the Information, Yost operated Yost Farms in Beaver County, PA. In June 2020, Yost and one of his employees, Reese, allegedly conspired to kill migratory birds present on leased farmland operated by Yost Farms, using carbofuran, a registered restricted-use pesticide. As alleged, the Environmental Protection Agency concluded no later than 2009 that the dietary, worker, and ecological risks for all uses of carbofuran were unacceptable and that all products containing carbofuran generally caused unreasonable adverse effects on humans and the environment. According to the Information, on June 22, 2020, Yost directed Reese to spread whole kernel corn coated in carbofuran in and around a leased field used for soybean cultivation where children were regularly present. The tainted corn allegedly attracted protected migratory birds that were killed within a short distance of where they ingested the corn. Yost and Reese thereafter took steps to conceal their efforts to poison and kill migratory birds, including by destroying the feed bag containing the carbofuran-laced whole corn kernel. In total, Yost and Reese are alleged to have killed approximately seventeen (17) Canada geese, ten (10) red-winged blackbirds, and one (1) mallard duck.
Yost and Reese are charged with one count of conspiracy, one count of violating the Federal Insecticide, Fungicide, and Rodenticide Act, and one count of violating the Migratory Bird Treaty Act. The defendants face a total maximum term of imprisonment of 13 months and a total fine of $31,000. The actual sentence imposed would be based upon a consideration of statutory sentencing factors and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The U.S. Fish and Wildlife Service - Office of Law Enforcement, Environmental Protection Agency - Criminal Investigation Division, and Pennsylvania Game Commission conducted the investigation leading to the charges in this case, with assistance from the Pennsylvania Department of Agriculture.
Arthrex Agrees to Pay $16 Million to Resolve Kickback AllegationsRead the Press Release
BOSTON – Arthrex Inc. (Arthrex), a Florida-based orthopedic device company, has agreed to pay $16 million to resolve allegations that it violated the False Claims Act (FCA) by paying kickbacks to a physician to induce the physician’s use and recommendation of Arthrex products, thereby causing the submission of false claims to the federal government for orthopedic procedures.
The settlement resolves allegations that Arthrex paid a Colorado-based orthopedic surgeon millions of dollars under the guise of royalty payments. While Arthrex’s agreement with the surgeon purported to compensate the surgeon for contributing to the development of certain orthopedic products, the government contends that Arthrex made the payments to induce the surgeon’s use and recommendation of Arthrex products. As a result, the government alleges that Arthrex violated the Anti-Kickback Statute and, in turn, the FCA.
“Paying bribes to physicians to distort their medical decision-making corrupts the health care system,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement demonstrates our dedication to ensuring that taxpayers and patients get a health care system that is on the level. Kickbacks have no place anywhere in our health care system, and we will continue to identify and punish this illegal conduct.”
“The Department of Justice will continue to pursue medical device manufacturers that pay kickbacks to boost their profits,” said Acting Assistant Attorney General Brian M. Boynton for the Justice Department’s Civil Division. “Such arrangements can improperly influence physicians’ decision-making and result in the misuse of critical federal health care program funds.”
“Medical device manufacturers who engage in such kickback schemes undermine the integrity of federal health care programs,” said Special Agent in Charge Phillip M. Coyne of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working closely with our law enforcement partners, our agency will continue to protect patients and taxpayers by holding accountable companies that engage in unlawful activities.”
“Arthrex may have believed it could increase profits by paying millions of dollars in kickbacks to a physician, under the guise of royalty payments, to increase the use of its products. But today’s $16 million settlement makes it clear that its unscrupulous scheme backfired,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Anyone involved in, or entertaining, similar activity should know that health care fraud is a priority for the FBI, and we will pursue anyone trying to misuse this country’s vital health care system.”
Under the terms of the settlement agreement, Arthrex will pay the government $16 million. In connection with the settlement, Arthrex entered into a five-year corporate integrity agreement with HHS-OIG, setting forth requirements for future compliance.
The settlement resolves allegations originally brought in a lawsuit filed by a whistleblower under the qui tam provisions of the False Claims Act, which allow private parties, known as relators, to bring suit on behalf of the government and to share in any recovery. The lawsuit was filed in the U.S. District Court for the District of Massachusetts and is captioned United States ex rel. Shea v. Arthrex Inc., et al., No. 20-cv-10210-ADB (D. Mass.). Under the FCA’s qui tam provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. In this case, the relator will receive 15.625 percent.
Acting U.S. Attorney Mendell, Acting AAG Boynton, HHS-OIG SAC Coyne, and FBI SAC Bonavolonta made the announcement. Assistant U.S. Attorneys David J. Derusha and Charles B. Weinograd of Mendell’s Affirmative Civil Enforcement Unit and Trial Attorney Andrew Jaco of the Justice Department’s Civil Division handled the matter.
Akron Man Sentenced to 20 Years for Distribution of Carfentanil That Caused DeathRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Ellis J. Wilson, 27, of Akron, Ohio, was sentenced today by Judge Dan Aaron Polster to 20 years in prison after Wilson pleaded guilty to distribution or carfentanil with an enhanced penalty, distribution of carfentanil and possession of a controlled substance with intent to distribute.
According to court documents, on April 16, 2019, Wilson agreed to provide an individual identified as “J.N.” with a quantity of heroin through a third party. Wilson then provided J.N. with a substance that contained a detectable amount of carfentanil. J.N. later ingested this substance, overdosed and died of carfentanil toxicity.
Additionally, on several occasions in May of 2019, Wilson provided a confidential source with the Summit County Drug Unit a similar substance containing a detectable amount of carfentanil. On May 23, 2019, law enforcement officers searched a residence belonging to Wilson and obtained carfentanil, heroin and multiple items used in the preparation of drug distribution, including a digital scale, plastic baggies, cutting agents, a blender with powder residue and a 9mm semiautomatic pistol.
Wilson pleaded guilty in July of 2021 to a penalty enhancement due to the death resulting from his distribution of the carfentanil mixture to J.N.
This case was investigated by the Summit County Sheriff’s Office with assistance provided by the Summit County Prosecutor’s Office. This case was prosecuted by Assistant U.S. Attorney Peter E. Daly and Toni Beth Schnellinger Feisthamel.
Saturday 6 November 2021
Owner of Louisiana Construction and Building Inspection Businesses and His Two Siblings Plead Guilty to Tax FraudRead the Press Release
WASHINGTON - A Louisiana man who owns construction and building inspection businesses, along with his brother and sister who were employed by the construction businesses, pleaded guilty today to conspiracy to defraud the IRS.
According to court documents, from 2011 through at least June 2019, Randy A. Farrell Sr., of Jefferson Parish, along with his brother, David Farrell, also of Jefferson Parish, and sister, Dawn Farrell Ruiz, of St. Tammany Parish, conspired to conceal income from the IRS and prevent employment taxes from being deducted from their own and others’ wages. Randy Farrell also conspired with Matthew Reck, who pleaded guilty to conspiring to defraud the IRS on July 7.
According to court documents, Randy Farrell and Reck co-owned and operated two commercial construction companies, SES Construction Consulting Group (SES) and Global Technical Solutions (GTS) through 2015, when Reck sold his interest in the companies to Randy Farrell. Court documents show that Randy Farrell and Reck took funds from SES and GTS without reporting the profits on their tax returns, and they worked with an accountant to conceal these efforts on the companies’ internal books and records. Randy Farrell and Reck also ensured certain SES and GTS employees, including David Farrell and Dawn Farrell Ruiz, were paid outside of the normal payroll process so employment taxes would not be withheld from their paychecks.
Since 2007, Randy Farrell has also co-owned a building inspection business, IECI & Associates LLC (IECI). To help conceal the income he received from IECI, Randy Farrell directed IECI to issue checks payable to nominees in amounts under $10,000 and then cashed the checks, keeping the funds for himself. Randy Farrell also used IECI corporate funds for gambling, and then he concealed his actions by directing these expenditures to be falsely entered into IECI’s corporate records as “materials” expenses or “contract labor” payments. After the IRS executed a search warrant at his business offices and home in September 2017, Randy Farrell filed tax returns that falsely underreported the taxable income he earned from his businesses.
Randy Farrell, David Farrell and Ruiz are scheduled to be sentenced at a later date. Each faces a maximum penalty of five years in prison. Reck is scheduled to be sentenced on Jan. 12, 2022, and also faces a maximum of five years in prison. All defendants face a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and the U.S. Attorney's Office for the Eastern District of Louisiana made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorneys William Montague and Parker Tobin of the Tax Division and Assistant U.S. Attorney Nicholas Moses of the Eastern District of Louisiana are prosecuting the case.
Friday 5 November 2021
Warren Man Sentenced for Threatening Social Security Administration OfficialRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that on Wednesday, Nov. 3, Judge J. Philip Calabrese sentenced Anthony D. Wilson, 35, of Warren, Ohio, to a three-year term of probation after Wilson pleaded guilty in June of 2021 to threatening an official with the Social Security Administration.
“Public servants should never be faced with threats of physical violence or intimidation in the course of their employment,” said Acting U.S. Attorney Bridget M. Brennan. “The Social Security Administration employees threatened by Mr. Wilson are commended for the prompt and appropriate response to the threats made against them.”
“Mr. Wilson’s violent threats to murder a DDS employee who was performing their official duties are intolerable,” said Gail S. Ennis, Inspector General for the Social Security Administration. “The safety of SSA employees and contractors is one of our highest priorities, and we will continue to hold accountable those who jeopardize or attempt to endanger their safety. I thank our law enforcement partners for their efforts in this investigation and the U.S. Attorney’s Office for prosecuting this case.”
According to court documents, in January of 2020, the Social Security Administration (SSA) began a review of the disability status of Wilson to ensure he remained eligible to receive benefits, which required Wilson to undergo medical examinations. At the conclusion of this review, the SSA determined that Wilson was not disabled and discontinued his benefits. Wilson later appealed this decision and, in order to consider the appeal, the SSA required Wilson to undergo further medical examinations and a Claims Adjudicator with the Opportunities for Ohioans with Disabilities, Disability Determination Services, a contractor for the SSA, was assigned to the case.
On or about March 20 and March 21, 2021, Wilson left threatening voicemail messages on the work phone of the adjudicator threatening bodily harm to the adjudicator and other employees. Wilson made these threats in retaliation to the adjudicator’s work on Wilson’s pending case before the Social Security Administration.
As part of the investigation, federal agents obtained a copy of Wilson’s criminal history and discovered a number of prior arrests for making threatening statements and, in one instance, threatening to harm a police officer.
This investigation was conducted by the Social Security Administration – Office of the Inspector General. This case was prosecuted by Special Assistant U.S. Attorney Jason W. White.
Wallingford Man Sentenced to 5 Years in Prison for Downloading Child Sex Abuse Images from the InternetRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that ERIC RUNDSTROM, 47, of Wallingford, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 60 months of imprisonment, followed by five years of supervised release, for downloading child sex abuse images from the internet.
According to court documents and statements made in court, an FBI investigation revealed that Rundstrom had accessed an online website to connect with others interested in collecting and sharing images and videos depicting the sexual abuse of children. Investigators discovered a link to an online file hosting account associated with Rundstrom where hundreds of images and videos of child pornography had been stored, including images of adult males sexually abusing prepubescent females.
Rundstrom was arrested on a federal criminal complaint on February 14, 2019. On March 4, 2020, he pleaded guilty to one count of receipt and possession of child pornography.
Rundstrom, who is released on a $25,000 bond, is required to report to prison on December 7.
This matter was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anastasia E. King.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Violent Career Offender Sentenced to 151 Months in PrisonRead the Press Release
MACON, Ga. – A career offender with a violent criminal history was sentenced to serve more than 12 years in federal prison resulting from his arrest for distributing illegal narcotics while carrying a loaded semi-automatic weapon in Macon.
Joseph Ballard, 47, of Macon, was sentenced to serve 151 months in prison to be followed by three years of supervised release by U.S. District Judge Tilman “Tripp” Self on Nov. 4, after he previously pleaded guilty to possession with intent to distribute heroin. There is no parole in the federal system. Ballard has prior felony convictions for voluntary manslaughter, aggravated stalking, terroristic threats and drug distribution in Bibb County, Georgia, Superior Court.
“Ballard has a long and violent criminal history in the Macon community. He is now being held accountable for choosing to illegally carry a loaded semi-automatic weapon while pushing the deadliest narcotics into our community,” said Acting U.S. Attorney Peter D. Leary. “I want to thank the federal, state and local law enforcement agencies who work around-the-clock with us to ensure the most violent, repeat offenders in the Middle District of Georgia are held responsible for their continued criminal activity.”
According to court documents, Ballard was pulled over for a seatbelt violation while driving in Macon on March 1, 2018 by the Georgia State Patrol (GSP). The troopers saw drugs by Ballard’s feet and during a search, found a .40 caliber semi-automatic pistol loaded with 13 rounds of ammunition under the driver’s seat, as well as quantities of heroin, methamphetamine, a variety of illegal drugs that Ballard admitted he was going to sell, along with drug paraphernalia and cash.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Georgia Department of Public Safety, Georgia State Patrol (GSP), and the Bibb County Sheriff’s Office.
Assistant U.S. Attorney Will Keyes prosecuted the case for the Government.
Vermont Resident Sentenced for Marijuana and THC-product Distribution OperationRead the Press Release
The United States Attorney’s Office for the District of Vermont announced that Kyle S. Lamothe, 29, presently of Milton, Vermont, was sentenced today in United States District Court in Burlington to 24 months’ incarceration following his guilty plea to possession with intent to distribute more than 50 kilograms of marijuana. Chief District Judge Geoffrey Crawford also ordered that Lamothe pay a $20,000 fine and be subject to three years of supervised release following his sentence of incarceration.
In January 2021, a federal grand jury in Burlington returned an indictment charging Lamothe with four counts alleging various marijuana-related violations of the Controlled Substances Act, including two counts of distribution. In April 2021, the United States filed a plea agreement it had reached with Lamothe, allowing him to plead to a single violation, and Lamothe pleaded guilty to the drug offense on May 13, 2021. Lamothe faced up to 20 years of imprisonment for the crime to which he pleaded. Lamothe appeared before the Court for sentencing today, and the Court ordered that Lamothe remain released—subject to conditions of supervision—pending his self-surrender to the Bureau of Prisons for service of his 24-month sentence of imprisonment.
According to court records, Lamothe used a residence on Lasnier Road in Swanton, Vermont to store, process, and distribute marijuana and products infused with marijuana extracts and THC distillates. The Court found that the enterprise involved at least 700 kilograms (1,543 pounds) of “converted drug weight”—a measure the United States Sentencing Guidelines uses as a common denominator in cases involving multiple controlled substances that roughly equates to a kilogram of marijuana. Lamothe received hundreds of pounds of marijuana from suppliers in the western United States and in Canada, and he sold multi-pound quantities of marijuana to customers for profit. Lamothe also prepared thousands of unregulated THC-infused edibles in a lab facility in his residence. When federal authorities executed a search warrant on the Lasnier Road residence in November 2020, they seized over 600 kilograms of plant material, over 270 kilograms of various THC-infused products, and approximately $121,000 in currency. They also located four loaded firearms in the residence, each within reach of bulk currency or controlled substances.
The case was jointly investigated by Homeland Security Investigations and the Vermont State Police Narcotics Investigation Unit. Acting United States Attorney Jonathan A. Ophardt commended their collaborative investigative efforts and noted his appreciation for the logistical assistance of the Vermont State Police. “While we acknowledge a qualitative difference between cannabis and more dangerous controlled substances, traffickers who possess large amounts of cannabis and currency attract violence. The guns encountered in this case are evidence of that connection. The United States Attorney’s Office, working with our federal, state, and local law enforcement partners, will continue to prioritize the investigation and prosecution of traffickers who profit from unregulated black markets and endanger the community.”
Lamothe was represented by attorney Paul Volk. The prosecutor was Assistant United States Attorney Matthew Lasher.
University professor pleads guilty to possession of child pornographyRead the Press Release
ATLANTA - Daniel Deocampo, a former professor and dean at Georgia State University (“GSU”), has pleaded guilty to possession of child pornography. Images and videos of children as young as five years old, engaged in sexually explicit conduct, were among the items confiscated.
“Deocampo was caught brazenly using the university network to exploit children,” said Acting U.S. Attorney Kurt R. Erskine. “It is disturbing when we learn that an educator engages in this type of disgusting behavior. Possessing child pornography victimizes and abuses the children in the images each time they are disseminated.”
“Children portrayed in child pornography images are victimized each time those images are distributed or viewed, and this case is especially distressing because the suspect was a professor who worked with our youth,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI remains committed to protecting our children and is thankful for the law enforcement partnerships that make it possible to stop people like Deocampo from victimizing any more children.”
According to Acting U.S. Attorney Erskine, the charges and other information presented in court: In November 2020, Georgia State University's Cyber Security Department (“GSU Cyber Security”) alerted the FBI that an employee was accessing websites which appeared to contain child pornography through the university’s network.
Working together, the FBI and GSU Cyber Security identified Deocampo as the individual who had accessed multiple websites containing child pornography (or had links to other websites containing child pornography) from campus in November and December 2020. GSU Cyber Security also advised the FBI that Deocampo routinely accessed the university’s network from home. Based on that information, FBI determined that Deocampo was also accessing websites containing child pornography from his home on several days in late December 2020 and early January 2021.
Based on the foregoing, on January 6, 2021, the FBI executed search warrants at Deocampo's residence, as well as his GSU office and lab space. As a result of the search, agents recovered an Apple laptop belonging to Deocampo that contained more than 4,000 files of child pornography, including approximately 190 videos.
Daniel Deocampo, 48, of Avondale Estates, Georgia, pleaded guilty to possession of child pornography on November 3, 2021. Deocampo’s sentencing is scheduled for February 23, 2022 at 11:00 a.m. before U.S. District Judge Steven D. Grimberg.
This case is being investigated by the Federal Bureau of Investigation and Georgia State University Police Department.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Two Sentenced to Federal Prison for Health Care FraudRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Michael Nolan (48, Tampa) and Richard Epstein (29, Aurora, CO) for their roles in a conspiracy to defraud federal health benefit programs, Medicare and the Civilian Health and Medical Program of the Department of Veterans Affairs (“CHAMPVA”).
Nolan was sentenced to six years and six months in federal prison, followed by three years of supervised release. Epstein was sentenced to five years and three months in federal prison, followed by three years of supervised release. As part of their sentences, the court also entered a money judgment against each defendant in the amount of $2.1 million and $3 million, respectively, which were proceeds of the conspiracy. Noland and Epstein were also ordered to pay restitution, jointly and severally with each other and other conspirators, in the amount of $29,020,304.
Nolan and Epstein each had pleaded guilty on July 31, 2020.
According to court documents, from around October 2016 through around April 2019, Epstein and Nolan ran a telemarketing company in Tampa called REMN Management LLC that targeted the elderly to generate thousands of medically unnecessary physicians’ orders for durable medical equipment (“DME”) and cancer genetic testing (“CGx”). Epstein and Nolan also created and operated Comprehensive Telcare, LLC, a “telemedicine” company through which they illegally bribed physicians to sign the orders regardless of medical necessity. Epstein and Nolan then illegally sold the signed physicians’ orders to client-conspirators for use as support for false and fraudulent claims submitted to Medicare and CHAMPVA. The conspiracy resulted in the submission of at least $134 million in fraudulent claims to the federal health benefit programs, resulting in approximately $29 million in payments.
The investigation and prosecution of the case were a joint effort between the Middle District of Florida and the Department of Justice - Criminal Division, Fraud Section, Health Care Fraud Unit, as part of nationwide actions known as Operation Brace Yourself and Operation Double Helix. The operations targeted ongoing schemes, such as the conspiracy described above, in which DME companies, laboratories, and marketers were paying illegal bribes through “telemedicine” operators to secure signed physicians’ orders for DME and CGx, which were then used as support for fraudulent, illegal claims submitted to Medicare and other federal health benefit programs.
“These significant sentences and restitution of over $29,000,000 to our nation’s critical healthcare system – Medicare – are a result of law enforcement’s unified efforts to hold the perpetrators of one of the largest healthcare fraud schemes in history accountable for their crimes,” said Special Agent in Charge Omar Pérez Aybar of U.S. Department of Health and Human Services Office of Inspector General.
“We are all victims of these corrupt individuals because they cheated the taxpayer funded Medicare system,” said FBI Tampa Division Special Agent in Charge Michael McPherson. “Health care fraud investigations are given high priority within the FBI’s Criminal Investigative Division. Because this abuse impacts us all, protection of these federal health benefit programs is a shared responsibility which can be accomplished with the support of an engaged community willing to bring health care fraud to the attention of law enforcement.”
“Today’s sentence properly holds these defendants accountable for their fraudulent actions and reflects the magnitude of the crime committed against CHAMPVA and Medicare,” said Special Agent in Charge David Spilker of the Department of Veterans Affairs Office of Inspector General’s Southeast Field Office. “The VA OIG’s continued oversight of VA’s multiple healthcare programs, including CHAMPVA, is one of the agency’s highest priorities. We thank our outstanding law enforcement partners for their efforts in this joint investigation.”
"The significant prison terms and financial penalties will hopefully bring some closure to those victimized by Nolan and Epstein,” said IRS Criminal Investigation Special Agent in Charge Brian Payne. “They preyed on the elderly and military veterans to subject them to unnecessary medical testing and to use unnecessary medical equipment for their own financial gain. We will continue to investigate these con artists and hold them accountable.”
This case was investigated by U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service –Criminal Investigation, Tampa Field Office. The criminal case is being prosecuted by Assistant United States Attorneys Tiffany E. Fields, Jay G. Trezevant, James A. Muench, and Department of Justice Trial Attorney Gary A. Winters.
Two Individuals in Federal Prison as Officers, Agents Target those Responsible for an Overdose Death in Park CityRead the Press Release
SALT LAKE CITY – Jimmy Astudillo, age 32, of Salt Lake City, was sentenced to 65 months in federal prison for the possession of heroin with intent to distribute, related to his role in the distribution of narcotics that caused the fatal overdose of a Park City woman in 2018.
Astudillo previously entered his guilty plea in federal court in August. In their court filings, prosecutors told the judge that the defendant’s criminal history suggests a near life-long pattern of serious crimes and, given the brazen and dangerous nature of defendant’s activities, recommended the court sentence Astudillo to 65 months in federal prison.
The investigation into the case began on May 10, 2018, when Park City police officers and deputies with the Summit County Sheriff’s Office responded to an apartment to check on a woman at the request of an acquaintance. They found the woman, identified as CC in court filings, deceased. The Office of the Medical Examiner later listed CC’s death as a drug overdose resulting from heroin and methamphetamine toxicity.
An overdose drug investigation targeting individuals who provided the methamphetamine and heroin started almost immediately. According to documents filed in court, law enforcement officers and DEA agents used information provided by the acquaintance to start conducting interviews. Officers served a subpoena on a Park City business for security footage for the evening of May 9, 2018, and a few days later, agents obtained a federal search warrant for CC’s Facebook Messenger records.
The Facebook records revealed communications between CC and Zachary Westerman during the evening hours of May 9, 2018. The Messenger exchanges also revealed that Westerman had supplied CC with heroin and methamphetamine.
In the final five exchanges, Westerman told her he had $30 of black tar heroin and $20 of methamphetamine he would sell for $10, for a discounted total of $40. CC agreed. Westerman then double checked the agreement, “So 40 total.” “Perfect,” CC said. A few minutes later, CC messaged Westerman, “Here.”
On Jan. 23, 2019, Westerman, age 36, of Sandy, pleaded guilty to one count of distribution of heroin in federal court in Salt Lake City. He admitted that on May 9, 2018, he sold user-level amounts of heroin and methamphetamine to CC. He was sentenced to 36 months in federal prison. The sentence included an enhancement for CC’s death resulting from his conduct.
The investigation did not end there.
According to a sentencing memorandum filed in in federal court, Westerman, in a post-arrest interview, identified Jimmy Astudillo, as his supplier for the drugs he sold CC. Agents obtained a federal search warrant for Astudillo’s Facebook account for the period of April 2 to Sept. 20, 2018. Those records revealed numerous drug trafficking conversations between Astudillo and his drug customers. In one, Astudillo bragged to one of his customers that his heroin was so strong that the “feds” were trying to blame him for overdose deaths in Utah and he had to be careful not to get caught. Astudillo referred to the potent heroin as “fire.”Agents arranged and conducted a controlled buy of one-ounce of heroin from Astudillo in 2018, paying $1,200. Astudillo told the undercover officer that the heroin was “fire” (high quality). He also told him the undercover he sells normal strength, cheaper heroin as well. A second attempted undercover purchase of four ounces of heroin for $4,400 ended up not taking place. Astudillo kept insisting the undercover officer (UC) get in his vehicle to drive them to the source of the supply nearby. The UC would not get into the car and asked to see the heroin. Astudillo then pulled out a bag of what appeared to be heroin, but the UC noticed the amount was likely not the agreed upon four ounces. As Astudillo became agitated, the UC returned to his vehicle and left.
Federal agents arrested Astudillo on Dec. 19, 2018. They also executed a search warrant at his home and found a small bag of heroin in a dresser drawer and a larger bag of heroin in a closet full of shoes. The total weight of the seized heroin was about one pound.
In the sentencing memorandum, prosecutors told the court that following his arrest, Astudillo called his heroin supplier and advised him to destroy his phones and expressed the hope that he “could get back in the swing of things” with the supplier once out of custody.
Assistant United States Attorneys prosecuted the cases against Westerman and Astudillo. The Summit County Sheriff’s Office, the Park City Police Department, and the DEA, conducted the investigation.
Two Businessmen Charged with Running Fencing Operation Out of Suburban Chicago StoresRead the Press Release
CHICAGO — Two businessmen have been charged in federal court with running a fencing operation out of their suburban Chicago stores.
ZIAD I. ZAYED, also known as “Zee,” 46, and MOSAS I. ZAYED, 33, both of Frankfort, Ill., are charged with conspiracy to receive and dispose of stolen property across state lines. The Zayeds, who are brothers, were arrested Tuesday. They are scheduled to appear for detention hearings today at 2:30 p.m. before U.S. Magistrate Judge Gabriel A. Fuentes.
According to a criminal complaint filed in U.S. District Court in Chicago, the Zayeds used their store – Crestwood Electronics Inc. in Crestwood, Ill. – and other businesses to knowingly purchase stolen electronic devices and other merchandise, re-package the items, and then ship them to re-sellers out of state and overseas. Some of the items fenced by the Zayeds included laptop computers, fitness tracking devices, and digital cameras that were stolen last year from railcars near Chicago, the charges allege.
The complaint and arrests were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys Ann Marie E. Ursini, Melody Wells, and Barry Jonas.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Taos Pueblo man pleads guilty to sexual abuse of a minorRead the Press Release
ALBUQUERQUE, N.M. – Elliot Romancito, 27, of Taos, New Mexico, and an enrolled member of the Taos Pueblo, pleaded guilty in federal court on Nov. 3 to sexual abuse of a minor in Indian Country. Romancito was indicted on March 10, 2020.
In his plea agreement, Romancito admitted that after a party on the night of Sept. 30, 2018, or in the early morning hours of Oct. 1, 2018, he drove to a location on the Taos Pueblo and engaged in a sexual act with the victim, identified in court records as Jane Doe. At the time of the abuse, Jane Doe was 15-years old.
By the terms of the plea agreement, Romancito faces up to two years in prison and will be required to register as a sex offender.
The Santa Fe Resident Agency of the FBI Albuquerque Filed Office investigated this case. Assistant United States Attorneys David P. Cowen and Elisa Dimas are prosecuting this case.
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Supplier of Drug Network Is Sentenced to 30 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – The supplier of a local drug network has been sentenced to 30 years in prison, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Matthew Wondra, 34, of Murphy, N.C., was also ordered to serve five years of supervised release after he is released from prison.
According to court documents and yesterday’s sentencing hearing, in September 2018, law enforcement became aware that Wondra was operating as a supplier for a local drug network in Cherokee and Graham Counties and elsewhere. Court records show that Wondra frequently traveled to Georgia to purchase kilogram quantities of methamphetamine and heroin, which he then distributed to dealers in Western North Carolina. Throughout the investigation, Wondra engaged in multiple drug transactions, and at times possessed firearms in connection with his drug trafficking activities. On one occasion, Wondra put a gun to the head of a person he accused of stealing drug proceeds from him during the course of the conspiracy and he threatened to kill that person. According to filed documents, from September 2018 to August 2019, Wondra was responsible for purchasing and distributing more than 19 kilograms of methamphetamine and over three kilograms of heroin.
On October 30, 2020, Wondra pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and heroin. At yesterday’s court hearing, Wondra received sentencing enhancements for weapons possession, making a credible threat, maintaining a premises for the purpose of storing and distributing controlled substances, and for his leadership role during the drug conspiracy.
Wondra’s co-defendants, Jamie Allen and Derek Wilson, were previously sentenced to 10 years and 4.25 years in prison, respectively, for their role in the conspiracy.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked the Drug Enforcement Administration’s Asheville Post of Duty; the Bureau of Indian Affairs; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service; the Cherokee County Sheriff’s Office; the Jackson County Sheriff’s Office; the Swain County Sheriff’s Office; the Graham County Sheriff’s Office; the Buncombe County Sheriff’s Office; the Henderson County Sheriff’s Office; the Rutherford County Sheriff’s Office; the Cherokee Indian Police Department; the Murphy Police Department; and the Asheville Police Department for their investigation of the case.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
St. Thomas Man Who Forged Checks in His Father’s Name Sentenced to 21 Months in Federal Prison for $303,000 Bank FraudRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced today that Lenroy Ravalier, Jr. was sentenced by the Honorable Robert A. Molloy to serve 21 months in federal prison followed by 3 years of supervised release and ordered to pay restitution of $169,000, representing his ill-gotten gains from his commission of bank fraud.
According to public documents filed in the case, Ravalier Jr. forged checks in his father’s name totaling $303,000, and then moved much of the money through various accounts under his control. One of the accounts was opened strictly for the purpose of passing the stolen funds through the account. A bank was able to intervene and recapture over $132,000 of the amount Ravalier Jr. stole but by then he had spent the remainder. Ravalier Jr. did not have authorization from the victim to take the funds described above or to write checks in the victim’s name.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorneys Nathan Brooks and Jill Koster.
St. Thomas Man Arrested at the Cyril E. King Airport with Nine Vacuum Sealed Packages of Marijuana Sentenced in Federal CourtRead the Press Release
ST. THOMAS – United States Attorney Gretchen C.F. Shappert announced on today that Kharim Moore of St. Thomas was sentenced today to three years’ probation, fined $1,000, and ordered to complete 100 hours of community service for possession with intent to distribute a controlled substance.
According to court documents, U.S. Customs and Border Protection (CBP) officers were conducting screenings of arriving passengers at the Cyril E. King Airport on November 4, 2020 when Moore disembarked a Delta Airlines flight from Atlanta, GA. He was selected for inspection and his carryon backpack was searched.
Officers discovered nine vacuum sealed packages with a green leafy substance inside that weighed approximately 3.48 kilograms. The substance tested positive for marijuana.
The Department of Homeland Security-Homeland Security Investigations and CBP investigated the case. It was prosecuted by Assistant United States Attorney Kyle Payne and 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, multiagency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
St. James Parish Men Indicted for Violations of the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – JUAN CAZES, age 46, and CRANDALL WASHINGTON, age 42, both residents of St. James Parish, Louisiana, were charged November 4, 2021, in a two-count indictment by a Federal Grand Jury with conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A), announced U.S. Attorney Duane A. Evans.
According to Count 1 and Count 2 of the indictment, on October 28, 2021, CAZES and WASHINGTON conspired and possessed with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
If convicted of Count 1, both CAZES and WASHINGTON face a mandatory minimum sentence of 10 years and up to life imprisonment, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment. If convicted of Count 2, both CAZES and WASHINGTON face a mandatory minimum sentence of ten years and up to life imprisonment, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment. For both counts of the indictment, both CAZES and WASHINGTON face payment of a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendants must be proven beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration and St. James Parish Sherriff’s Office. The prosecution is being handled by Assistant United States Attorney Christopher Usher.
St. Croix Woman Sentenced for Attempting to Smuggle Marijuana from Florida Through the Cyril E. King AirportRead the Press Release
St. Thomas, USVI – U.S. Attorney Gretchen C.F. Shappert announced that Raquel Rivera, from St. Croix, was sentenced for the federal crime of possession with intent to distribute 6 kilograms of marijuana. Rivera was convicted at trial in May of 2021.
On Wednesday, November 3, 2021 Chief Judge Robert A. Molloy sentenced Rivera to 5 years probation.
Evidence presented at trial established that Rivera was stopped on April 22, 2020 at the Cyril E. King airport after arriving on St. Thomas from Miami, FL. Customs and Border Protection (CBP) officers searched her luggage, including one suitcase checked in using Rivera’s name and one checked in using the name of someone else. Inside her luggage, officers found 12 identical, vacuumsealed bags of marijuana concealed in various items of clothing, including jeans, towels, and a Hello Kitty blanket. In total, Rivera possessed nearly six kilograms of marijuana in both suitcases. When interviewed by officers that day, she gave conflicting accounts of what was in the suitcases and who packed them prior to her travel. A unanimous jury found Rivera guilty of possession of marijuana with intent to distribute.
Homeland Security Investigations (HSI) and Customs and Border Protection (CBP) investigated the case. Assistant U.S. Attorney Natasha Baker and Nathan Brooks prosecuted the case.
South Florida Liquor Store Owner Goes to Federal Prison for Tax EvasionRead the Press Release
Miami, Florida – A Lake Worth, Florida man who did not report his liquor store’s cash sales to the IRS was sentenced to 18 months in prison yesterday in federal district court in West Palm Beach for tax evasion.
Ajay Kumar, 60, was the sole officer and registered agent of Kruthi, Inc, a company registered in Florida, and doing business as “Tri County Discount Liquor.” Kumar reported credit card receipts to his accountant and on Kruthi’s federal income tax returns. However, Kumar did not report his cash receipts. As a result, Kruthi’s returns for tax years 2015 through 2018 underreported the liquor store’s gross receipts by approximately $1,718,945. For those same tax years, Kumar failed to pay approximately $481,304.68 in federal income taxes.
Kumar previously pled guilty to one count of tax evasion. U.S. District Judge Donald M. Middlebrooks sentenced Kumar to 18 months in prison. Judge Middlebrooks also ordered Kumar to serve three years of supervised release and to pay a $7,500 fine and $481,304.68 in restitution.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Acting Special Agent in Charge Matthew D. Line, IRS Criminal Investigation (IRS-CI), Miami Field Office, announced the sentence.
“Those who underreport taxable earnings violate the integrity of our federal system of taxation,” said U.S. Attorney Gonzalez. “To do so is a crime and our Office will aggressively prosecute business owners who evade their federal tax obligations.”
“Defrauding the government with a scheme to knowingly underreport taxable income is a crime. The people of the United States are the ultimate victims in these schemes – those taxpayers who truthfully file tax returns and pay their fair share of tax each year,” said Acting SAC Line. “Let this serve as a message to both small and large businesses alike, that individuals who deliberately underreport or omit income from their tax returns will be held accountable for their actions.”
IRS-CI Miami investigated this case. Assistant U. S. Attorney Marc Osborne prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 21-cr-80091.
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South Carolina Couple Charged with Illegally Trafficking Firearms into New JerseyRead the Press Release
NEWARK, N.J. – A South Carolina couple made their initial court appearance today on charges of trafficking firearms into New Jersey, Acting U.S. Attorney Rachael A. Honig announced.
Fuquan Haafiz Ali Bowers, 37, and Christina Lanette Williams, both of Newberry, South Carolina, were arrested Nov. 3, 2021, and are charged by complaint with conspiracy to deal firearms without a license, dealing firearms without a license, and transferring firearms to an out-of-state resident. Bowers was additionally charged with unlawful possession of a firearm and ammunition by a convicted felon. They appeared today before U.S. Magistrate Judge Kevin F. McDonald in South Carolina federal court and were each released on $25,000 unsecured bond.
According to documents filed in this case and statements made in court:
This summer, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Elizabeth, New Jersey, police officers recovered several firearms in separate investigations in the city of Elizabeth. One of the recovered firearms was at the scene of a shooting; another firearm was recovered from a juvenile; and the third firearm was recovered from a convicted felon. The ATF later discovered that the recovered firearms were purchased by Williams in South Carolina before they were subsequently recovered by law enforcement in New Jersey. The ATF then obtained documents and other evidence revealing that Williams and Bowers traveled from South Carolina to New Jersey to sell the firearms in Elizabeth.
The firearms dealing charges each carry a maximum sentence of five years in prison, and a fine of up to $250,000. The felon in possession of a firearms charge carries a maximum sentence of 10 years and a fine of up to $250,000.
Acting U.S. Attorney Honig credited special agents of the ATF, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; and the Elizabeth Police Department, under the direction of Director Earl J. Graves and Chief Giacomo Sacca, with the investigation leading to these charges.
This arrest was made by a firearms trafficking strike force, part of the Department of Justice’s violent crime reduction initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the spring of 2021, the violent crimes reduction initiative is a comprehensive strategy to deploy federal resources in the most effective way, disrupt the most dangerous threats and support ground-level efforts of local law enforcement. Within the initiative, firearms trafficking strike forces have been launched to reduce violent crime by addressing illegal gun trafficking in significant firearms trafficking corridors.
The government is represented by Special Assistant U.S. Attorney Timothy P. Shaughnessy of the Organized Crime/Gangs Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Soldier in training at Fort Gordon indicted for distributing child pornographyRead the Press Release
AUGUSTA, GA: A U.S. Army soldier in training at Fort Gordon has been indicted for distributing child pornography.
Joshua Gamble, 29, of Fort Gordon, was indicted by a U.S. District Court Grand Jury on one count of Distribution of Child Pornography, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The charge carries a statutory minimum penalty of five years and up to 20 years in prison, and there is no parole in the federal system.
“Anyone who would think to engage in activities that exploit children should be forewarned that our vigilant law enforcement partners are always watching,” said Acting U.S. Attorney Estes. “We will be unrelenting in pursuing those who would victimize the most vulnerable among us.”
FBI agents investigating illegal distribution of child pornography via an Internet chat application arrested Gamble in in October on a complaint based on activity that took place on Aug. 10 and 11, 2021.
Indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the FBI, and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Tara M. Lyons.
Shelby County man sentenced to 27 years in prison for sending money to Filipino mothers in exchange for child pornographyRead the Press Release
DAYTON, Ohio – A Sidney, Ohio, man was sentenced in U.S. District Court to 27 years in prison for attempting to produce child pornography and for violating his supervised release while registered as a sex offender from a previous conviction.
Charles Lee Frazier, 42, admitted during his guilty plea in March 2021 that he solicited child pornography from impoverished mothers in the Philippines.
According to court documents, Frazier used Filipino dating sites to connect with women in poverty. In subsequent Skype chats with the women, he obtained sexually explicit pictures of their children in exchange for money. Specifically, Frazier’s conversations included requests for pornography of naked minor children engaging in sexual conduct with other children or with their mothers. Frazier distributed child pornography to several women, as examples of what images he wanted them to create with their children, or with instructions to show the images to their children to convince them to engage in that behavior. The defendant also had discussions about committing violent acts against children. For example, he discussed killing infants during sexual assaults.
From April through July 2019, Frazier sent money via MoneyGram from a Sidney, Ohio, store to women in the Philippines in exchange for child pornography. Frazier sent approximately $800 to one individual in exchange for nude images of a seven-year-old girl. One of the women in the online chats stated she needed the money from Frazier for food.
Frazier was a registered sex offender at the time of the offense. He was convicted in a 2011 federal case for receiving child pornography. He was sentenced to 84 months in prison for that conviction.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Sidney Police Chief William Balling announced the judgment entry filed Nov. 4. Frazier was sentenced by Senior U.S. District Judge Walter H. Rice. The FBI’s Child Exploitation and Human Trafficking Task Force investigated this case and Assistant United States Attorney Christina E. Mahy represented the United States.
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Seattle man sentenced to 8 years in prison for child sex abuse crimesRead the Press Release
Seattle – A 33-year-old Seattle man was sentenced today in U.S. District Court in Seattle to 8 years in prison and 15 years of supervised release for three federal felonies involving sexual exploitation of children. Gary Stensland was arrested August 5, 2020, and on February 18, 2021, pleaded guilty to interstate travel with intent to engage in illicit sexual conduct, distribution of child pornography, and possession of child pornography. At the sentencing hearing Chief U.S. District Judge Ricardo S. Martinez said, “This is a disturbing and troubling case, and a very sad case…. One of the evils of the internet is how it has substantially increased the exploitation of children all around the world.”
According to records filed in the case, in September 2018, Stensland traveled to Portland to meet a 13-year-old whom he had contacted via an internet app. Stensland returned to Seattle with the minor and paid the minor for sex. Stensland then drove the youth back to Portland. The youth disclosed the abuse in summer 2020.
On August 5, 2020, the FBI, as part of the Seattle Internet Crimes Against Children (ICAC) Task Force, executed a search warrant at Stensland’s residence and seized his electronic devices. The investigation revealed Stensland sexually assaulted other minors as well as trafficked in images and videos of child sexual abuse.
Chief Judge Martinez agreed to recommend a federal prison in Texas which has a highly regarded program for treating sex offenders. “I think he is serious about wanting to make changes,” Chief Judge Martinez said. Addressing Stensland the Chief Judge said, “I hope you utilize the time (in prison) to work on these issues.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States 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.justice.gov/psc.
The case is being investigated by the FBI in conjunction with the Internet Crimes against Children Task Force. The case was prosecuted by Assistant United States Attorney Matthew Hampton.
Rensselaer County Man Charged with Receipt and Possession of Child PornographyRead the Press Release
ALBANY, NEW YORK – Derek Luch, age 49, of Troy, New York, appeared in federal court today on charges that he received and possessed child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
A criminal complaint alleges that on or about November 4, 2021, Luch possessed more than 100 images of child pornography, including images of pre-pubescent minors from the ages of 8 to 12 years old. Luch is also charged with using an internet-based peer-to-peer network to download and receive child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Luch initially appeared today before United States Magistrate Judge Daniel J. Stewart. He waived his right to a detention hearing, and will remain detained pending trial.
If convicted, Luch faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Luch would also be required to register as a sex offender.
This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s 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 https://www.justice.gov/psc
Readout of Justice Department Leadership Meeting on Human Smuggling and Trafficking NetworksRead the Press Release
On Nov 3, Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division convened a meeting on efforts to combat human smuggling and trafficking networks as part of the department’s work on Joint Task Force Alpha (JTF Alpha). Participants included Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, the U.S. Attorneys in districts along the southern border of the United States, Acting Deputy Director Patrick J. Lechleitner of U.S. Immigration and Customs Enforcement (ICE), Acting Commissioner Troy A. Miller of U.S. Customs and Border Protection (CBP), and additional members of JTF Alpha.
The meeting focused on: discussing JTF Alpha’s investigations and prosecutions, and the challenges thereto; supporting JTF Alpha’s efforts to enhance U.S. enforcement efforts against the most prolific human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador and Honduras; and identifying ways to strengthen efforts to disrupt and dismantle human smuggling and trafficking networks, including those that abuse or exploit those being smuggled, pose national security risks, or have links to transnational organized crime. The meeting discussed multiple examples of migrants being killed, sexually assaulted, kidnapped and abused by the smuggling and trafficking networks, as well as exploring those networks’ links with cartels, gangs and weapons smuggling.
Assistant Attorney General Polite highlighted how this joint law enforcement effort has already resulted in a number of successful prosecutions, new indictments, increased forfeitures and stronger international partnerships. He praised the partnership among ICE, CBP and other participating federal law enforcement agencies including FBI and DEA, in concert with JTF Alpha prosecutors and attorneys, to coordinate investigative resources and focus on the most prolific human smuggling and trafficking networks. The meeting also recognized the key role played by our law enforcement partners in Mexico, El Salvador, Guatemala and Honduras.
Attorney General Garland and Deputy Attorney General Monaco both reaffirmed the Justice Department’s commitment to combat human smuggling and trafficking networks and noted the serious risk of violence, injury and even death that too often results from exploitation of migrants by transnational criminal organizations.
U.S. Attorney Ashley C. Hoff for the Western District of Texas, Acting U.S. Attorney Randy S. Grossman for the Southern District of California, Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas and Acting U.S. Attorney Glenn McCormick for the District of Arizona spoke about smuggling trends in their respective districts and the ways in which JTF Alpha resources and enhanced law enforcement efforts have been and could be used against the most prolific and dangerous smuggling organizations. ICE Acting Deputy Director Lechleitner and CBP Acting Commissioner Miller spoke about the need to continue coordinating law enforcement strategy and prioritizing resources and efforts in support of JTF Alpha. The Office of Prosecutorial Development, Assistance, and Training (OPDAT) spoke about the important collaborative work being done with our partners in El Salvador, Guatemala, Honduras and Mexico. Numerous components of the Criminal Division that are part of JTF Alpha – including the Human Rights and Special Prosecutions Section, the Narcotic and Dangerous Drug Section, the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations and the Office of International Affairs – also participated in the meeting, along with representatives from the Civil Rights Division and the Executive Office for U.S. Attorneys.
The meeting ended with the participants confirming their steadfast support and prioritization of JTF Alpha and focus on its continued success.
Purported Surgeon Indicted in Connection with Romance Scam involving Online Dating WebsitesRead the Press Release
TALLAHASSEE, FLORIDA – Brian Brainard Wedgeworth (a/k/a “Dr. Brian Anderson,” a/k/a “Dr. Anthony Watkins,” a/k/a “Dr. Brian Adams,” a/k/a “Dr. Edward Chen,” a/k/a “Dr. Brian Chris,” a/k/a “Dr. Chris Williamson,” a/k/a “Dr. Brian Christopher Williamson,” a/k/a “Dr. Brian Edmonds,” a/k/a “Dr. Brian Ammerson,” a/k/a “Dr. Brian Lamar Wilson,” a/k/a “Dr. Brian Wilson,” a/k/a “Dr. Brian Mims,” a/k/a “Dr. Brian Lamar Sims”), 46, formerly of Tallahassee, Florida, and Center Point, Alabama, was arrested in Tennessee on charges of wire fraud, mail fraud, aggravated identity theft, and money laundering. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the indictment after Wedgeworth made his initial appearance in federal court in Nashville, Tennessee.
The indictment alleges that, between October 2016, and March 2021, Wedgeworth devised a scheme to defraud money and property by means of material false and fraudulent pretenses, representations, and promises, and for the purpose of executing such scheme falsely represented that he was physician in online dating forums to meet women for the purpose of defrauding them. The indictment further alleges that Wedgeworth made promises to the women in order to induce them to send him money and buy him jewelry and watches. Wedgeworth is alleged to have fraudulently obtained more than $750,000 in funds and property as a result of his scheme.
Wedgeworth was ordered temporarily detained until a detention hearing and arraignment are held at the United States Courthouse in Tallahassee. If convicted, he faces up to 20 years in prison for wire fraud and mail fraud counts, up to 10 years in prison for the money laundering counts, and a minimum mandatory sentence of 2 years in prison, consecutive to any other imprisonment that might be imposed, for the aggravated identity theft count.
This case resulted from a joint investigation by the United State Postal Inspection Service (USPIS) and the Internal Revenue Service – Criminal Investigations (IRS-CI), and work is ongoing to ensure that all potential victims are identified. If you believe that you were in contact with Brian Brainard Wedgeworth, or through one of his aliases, and would like to speak with an investigator, please contact the USPIS by email at [email protected]. Assistant United States Attorney Justin M. Keen is prosecuting the case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office for the Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Previously Convicted Felon Indicted for Illegally Transporting and Storing Hazardous Waste, Falsifying a Hazardous Waste Manifest and Obstructing an Agency ProceedingRead the Press Release
A federal grand jury in Hawaii returned an indictment against Anthony Shane Gilstrap, 54, for violating the Resource Conservation and Recovery Act (RCRA) by transporting hazardous waste without a required manifest, falsifying a hazardous waste manifest, and storing hazardous waste without a permit. He is also charged with obstructing an agency proceeding.
In January 2017, Gilstrap, who has lived in Hawaii, Georgia and Kansas, agreed to remove drums of the RCRA-listed hazardous waste perchloroethylene (perc) from Young Laundry & Dry Cleaning (YLD), owned by U.S. Dry Cleaning Corp. (USDC). YLD’s Regional Manager hired Gilstrap to remove the drums for $15,000, which was less than half the price that legitimate hazardous waste disposal companies had quoted to YLD. Gilstrap removed the drums to his warehouse, which was not a permitted storage or treatment site, without required RCRA manifests. Furthermore, both Gilstrap and USDC produced false manifests to put the Hawaii Department of Health (HDOH) off the trail. When an HDOH inspector later tried to locate the missing drums, Gilstrap lied about their whereabouts.
The YLD Regional Manager who hired Gilstrap has pleaded guilty before the U.S. District Court of the District of Hawaii to causing the transportation of hazardous waste without a manifest and received a sentence of probation.
On Oct. 5, Gilstrap was indicted in the District of Kansas for possession of a firearm by a previously convicted felon.
“Perc is a dangerous toxic substance, and stashing drums of it at a cut rate price with no plan for proper final disposal, is a gross dereliction of care and violates the law,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “With hazardous waste, the department will aggressively prosecute a knowing failure to do what is right.”
“Hazardous waste manifests are the receipts that track how dangerous wastes are handled,” said the Acting U.S. Attorney Judith A. Philips for the District of Hawaii. “Here, their absence, and the efforts of HDOH and EPA to close the loop, led to the accountability we see today. We will follow through and hold the defendant to account for his illegal transportation and storage as well as his attempts to cover that up.”
“The hazardous waste involved in this case posed serious public health and environmental dangers,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “EPA and our law enforcement partners are committed to holding responsible parties accountable for actions that put communities at risk.”
Gilstrap will be scheduled for his initial court appearance before a U.S. Magistrate Judge in the U.S. District Court for the District of Hawaii. If convicted, he faces a penalty of up to 13 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the EPA’s Criminal Investigation Division. Environmental Crimes Section Senior Trial Attorney Kris Dighe is prosecuting the case jointly with Assistant U.S. Attorney Gregg Paris Yates for the District of Hawaii.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Pair Plead Guilty to Distributing Eutylone in WinchesterRead the Press Release
HARRISONBURG, Va. – A pair of Winchester, Virginia men, pleaded guilty this week to possessing and distributing Eutylone, a Schedule I controlled substance primarily used for its psychoactive, stimulant effects.
Eutylone emerged on the United States’ illicit drug market in 2014, reports of its abuse have sharply increased since 2018. The Drug Enforcement Administration reports that Eutylone is being falsely marketed by drug dealers as MDMA (“Ecstasy” or “Molly”) and has been distributed under the street names of “Red Bull” and “Blue Playboy,” among others.
Beginning in January 2020, the Northwest Virginia Regional Drug and Gang Task Force conducted multiple controlled drug buys from Gregory McKinley Frye, 54, and his nephew, Lamont Antoine Parson, 39. On February 6, 2020, law enforcement obtained and executed a search warrant at the Winchester, Virginia apartment occupied by Frye and Parson and recovered over three kilograms of Eutylone, a 9mm pistol, and a digital scale.
“Eutylone is especially risky to users because it looks nearly identical to other drugs like Ecstasy or Molly but produces a weaker effect, tempting people to take more, and leading to severe adverse effects such as tremors, seizures, or even death,” United States Attorney Christopher R. Kavanaugh said today. “The prosecution of these defendants serves to make Winchester a safer community by educating its citizens of the presence of this dangerous drug in their town.”
Frye pleaded guilty to one count of possessing with the intent to distribute Eutylone and two counts of distribution of Eutylone. He is scheduled to be sentenced on March 31, 2022 and faces up to 20 years in prison. Parson pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute Eutylone and one count of possessing with the intent to distribute Eutylone. He is scheduled to be sentenced on April 5, 2022 and faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northwest Virginia Regional Drug and Gang Task Force (comprised of the Clarke County Sheriff’s Office, the Frederick County Sheriff’s Office, the Page County Sheriff’s Office, the Shenandoah County Sheriff’s Office, the Luray Police Department, the Front Royal Police Department, the Strasburg Police Department, the Winchester Police Department, and the Virginia State Police) investigated the case.
Assistant U.S. Attorney Ronald M. Huber is prosecuting the case.
Owner of Louisiana Construction and Building Inspection Businesses and His Two Siblings Plead Guilty to Tax FraudRead the Press Release
A Louisiana man who owns construction and building inspection businesses, along with his brother and sister who were employed by the construction businesses, pleaded guilty today to conspiracy to defraud the IRS.
According to court documents, from 2011 through at least June 2019, Randy A. Farrell Sr., of Jefferson Parish, along with his brother, David Farrell, also of Jefferson Parish, and sister, Dawn Farrell Ruiz, of St. Tammany Parish, conspired to conceal income from the IRS and prevent employment taxes from being deducted from their own and others’ wages. Randy Farrell also conspired with Matthew Reck, who pleaded guilty to conspiring to defraud the IRS on July 7.
According to court documents, Randy Farrell and Reck co-owned and operated two commercial construction companies, SES Construction Consulting Group (SES) and Global Technical Solutions (GTS) through 2015, when Reck sold his interest in the companies to Randy Farrell. Court documents show that Randy Farrell and Reck took funds from SES and GTS without reporting the profits on their tax returns, and they worked with an accountant to conceal these efforts on the companies’ internal books and records. Randy Farrell and Reck also ensured certain SES and GTS employees, including David Farrell and Dawn Farrell Ruiz, were paid outside of the normal payroll process so employment taxes would not be withheld from their paychecks.
Since 2007, Randy Farrell has also co-owned a building inspection business, IECI & Associates LLC (IECI). To help conceal the income he received from IECI, Randy Farrell directed IECI to issue checks payable to nominees in amounts under $10,000 and then cashed the checks, keeping the funds for himself. Randy Farrell also used IECI corporate funds for gambling, and then he concealed his actions by directing these expenditures to be falsely entered into IECI’s corporate records as “materials” expenses or “contract labor” payments. After the IRS executed a search warrant at his business offices and home in September 2017, Randy Farrell filed tax returns that falsely underreported the taxable income he earned from his businesses.
Randy Farrell, David Farrell and Ruiz are scheduled to be sentenced at a later date. Each faces a maximum penalty of five years in prison. Reck is scheduled to be sentenced on Jan. 12, 2022, and also faces a maximum of five years in prison. All defendants face a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and the U.S. Attorney's Office for the Eastern District of Louisiana made the announcement.
IRS Criminal Investigation is investigating the case.
Trial Attorneys William Montague and Parker Tobin of the Tax Division and Assistant U.S. Attorney Nicholas Moses of the Eastern District of Louisiana are prosecuting the case.
Omaha Woman Sentenced to 34 Months for Conspiracy to Commit RobberyRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Tyanna D. Laushman, age 24, of Omaha, Nebraska, was sentenced today in federal court in Omaha for conspiracy to commit robbery. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Laushman to 34 months’ imprisonment. There is no parole in the federal system. After completing her term of imprisonment, Laushman will begin a 3-year term of supervised release. Chief Judge Rossiter ordered Lausham to pay $270 in restitution.
On February 23, 2020, Laushman and her co-defendant, Germon Partee, conspired to rob a Bucky’s gas station in Omaha. Partee threatened the cashier, claimed to have a gun, and obtained between $90 and $120. Laushman served as the look-out during the robbery. Later that day, Laushman and Partee conspired to rob another Bucky’s gas station in Omaha. This time they obtained $150 after Partee threatened the cashier. Laushman has a prior conviction for burglary, shoplifting, criminal impersonation, and multiple theft convictions.
Partee was sentenced on October 12, 2021 to 28 months in prison for two counts of robbery to run concurrently.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Okmulgee County Resident Found Guilty of Firearm and Drug Charges in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Dustin Kyle Marris, age 33, of Okemah, Oklahoma, was found guilty by a federal jury of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151, and 1153; Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), (ii), and (iii); Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); and Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The defendant was acquitted on one count of Assault with Intent to Kill in Indian Country.
The jury trial began with testimony on Tuesday, November 2, 2021, and concluded on Wednesday, November 3, 2021, with the guilty verdicts. Based on the jury’s verdicts, the defendant is facing over ten years of imprisonment.
The United States presented evidence that on or about November 9, 2020, the victim, a deputy with the Okmulgee County Sheriff’s Office, attempted to conduct a traffic stop on the defendant for speeding. The defendant failed to comply, fled from the victim, and reached speeds over 100 miles per hour. Shortly after the pursuit began, the defendant leaned out the driver’s side door, pointed a handgun at the victim, and fired 3-4 shots. The defendant, a convicted felon, was prohibited from possessing a firearm. Within a few minutes, the defendant crashed his car into a ditch and fled on foot. Law enforcement pursued the defendant but was unable to locate him. The following day, officers located and arrested the defendant. During a search of the defendant, officers found four baggies of methamphetamine weighing 49.38 grams.
The guilty verdicts resulted from an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Marris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney Nathaniel Walters and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Brian Lynch represented the United States.
North Carolina Man Convicted of Multi-State Cocaine Distribution ConspiracyRead the Press Release
NEWPORT NEWS, Va. – A federal jury convicted an Edenton, North Carolina man yesterday on charges of conspiring with others to distribute more than five kilograms of cocaine, possessing cocaine with the intent to distribute it, and distributing cocaine.
According to court records and evidence presented at trial, Trezith Smart, 40, who maintained residences in Newport News and Edenton, would travel to Houston, Texas to obtain multi-kilogram quantities of cocaine and return to Newport News and Edenton, where the cocaine would be distributed. In 2017, Smart was stopped for speeding by the Louisiana State Police with five kilograms of cocaine. After posting bond, Smart returned to Newport News and continued his cocaine trafficking activities. In May 2018, Smart sold cocaine to a middleman, who then sold the drug to an undercover law enforcement cooperator. Then in August 2018, Smart was stopped and arrested by the Newport News Police Department with an ounce of cocaine and more than $15,000 in cash. When he was ultimately detained in November 2018, Smart confessed to distributing more than 500 kilograms of cocaine between 2015 and 2018.
Smart was convicted of conspiracy to distribute more than five kilograms of cocaine, possession with intent to distribute cocaine, and distribution of cocaine, and he faces a mandatory minimum sentence of 10 years and a maximum penalty of life imprisonment when sentenced on March 15, 2022. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division, made the announcement after U.S. District Judge David J. Novak accepted the verdict.
This investigation was conducted by the DEA Hampton Post of Duty and significant assistance was provided by the Newport News Police Department.
Assistant U.S. Attorneys Eric M. Hurt and Devon Heath are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-95.
Nightclub Magnate Convicted of Drug CrimesRead the Press Release
A DFW nightclub magnate and two of his managers have been convicted of operating an empire of clubs in which drugs were sold openly, announced Acting U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Following six weeks of trial and four days of deliberation, a federal jury on Friday found OK Corral/ Far West owner Alfredo Hinojosa, general manager Miguel Casas, and noted promoter Martin Salvador Rodriguez guilty of managing drug premises, conspiracy to manage drug premises, and conspiracy to possess with intent to distribute cocaine. The jury also convicted a lower-level bathroom dealer, Cesar Mendez, of possession with intent to distribute and conspiracy to possess with intent to distribute.
The overall case included more than 30 defendants, all of whom have been convicted, including former Dallas Police Officers Eddie Villarreal and Craig Woods.
According to evidence presented at trial, Mr. Hinojosa, Mr. Casas, and Mr. Rodriguez ran a conglomeration of businesses that brought in revenue of more than $107 million over a four-year period.
The defendants allowed cocaine to be sold in the bathrooms of their nightclubs on a daily basis, because such drug sales attracted customers and provided them with a competitive edge over rival clubs. These drugs sales increased revenue at the clubs between $9 million and $12 million.
“These defendants made millions by explicitly allowing cocaine trafficking in nightclubs across DFW. They assumed that permitting bathroom drug deals would be their ‘competitive edge.’ Instead, it was their downfall,” said Acting U.S. Attorney Chad Meacham. “The United States Attorney’s Office and the FBI will not permit nightclub owners – or anyone else – to willfully turn a blind eye to drug trafficking happening on their premises.”
“This conspiracy was designed to elevate the status of the defendants at a very high cost to our society,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Their extensive plans to conceal nightly high-volume drug sales included the recruitment of law enforcement officers as employees. We will continue to work with our local, state, and federal partners to protect the integrity of the profession, uphold the public’s trust, and prevent access to illicit drugs in our greater Dallas-Fort Worth communities.”
At trial, prosecutors presented evidence of 17 controlled drug buys that occurred at the OK Corral Dallas, OK Corral Fort Worth, and Far West nightclubs between 2013 and 2016. Half a dozen informants, all under the supervision of FBI agents, bought bag after bag of cocaine from traffickers operating out of club bathrooms.
Multiple security guards who worked inside the clubs testified at trial that Mr. Hinojosa, Mr. Casas, and Mr. Rodriguez knew the drug trafficking was occurring and openly ordered security personnel to allow it. Drug traffickers, previously charged and convicted in the case, also testified that they were allowed to operate freely.
At trial, FBI agents explained that in 2015, they installed court-ordered microphones and a camera in Mr. Hinojosa’s office, unbeknownst to the defendants. Agent also sought and obtained more a dozen wiretaps in the case. During these recorded calls and intercepted communications, Mr. Hinojosa could be heard saying, “we can’t really clean it because then we lose business,” and “we need cocaine, man.”
Mr. Hinojosa, Mr. Casas, and Mr. Rodriguez eventually confessed to knowing that the drug sales were ongoing and allowed. Prosecutors played Mr. Hinojosa’s 45-minute recorded interview for the jury. Other agents recounted statements made by Mr. Casas and Mr. Rodriguez.
According to one agent’s notes, Mr. Casas told a task force officer that when club management realized the business was “tanking,” they told bouncers to allow the drug sales to resume and leave drug dealers alone as long as they were “discreet.”
Mr. Hinojosa, Mr. Casas, and Mr. Rodriguez now face a mandatory minimum sentence of 10 years and up to life in in federal prison. Mr. Mendez also faces 10 year mandatory minimum. Sentencing dates have not been set yet.
The Federal Bureau of Investigation’s Dallas Field Office and the Dallas Police Department conducted the investigation, which was dubbed “Operation Closing Time.” The Texas Alcoholic Beverage Commission's Enforcement Division provided valuable assistance. Assistant U.S. Attorneys P.J. Meitl, Nicole Dana, and Melanie Smith prosecuted the case. U.S. District Judge Sam A. Lindsay presided over trial.
New Orleans Man Sentenced on Weapons ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that defendant DWIGHT ANDERSON, of New Orleans, Louisiana, was sentenced on November 4, 2021 by U.S. District Court Chief Judge Nannette Jolivette Brown to 90 months imprisonment, 3 years supervised release, and a $200 special assessment on Counts Two and Three of a three-count indictment.
Both Counts Two and Three of the indictment charged ANDERSON with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1) and Title18, United States Code, Section 924(a)(2). As to Count Two, on June 2, 2020, investigators arrested ANDERSON and his co-defendant for being felons in possession of firearms. Law enforcement attempted to initiate a traffic stop on a vehicle being driven by ANDERSON’s co-defendant. ANDERSON was seated in the front passenger seat of the vehicle. The driver of the vehicle refused to stop and fled into the parking lot of a Home Depot located near the intersection of S. Claiborne Ave. and Earhart Blvd in New Orleans, LA. The vehicle proceeded into the gated parking lot, continuing to ignore the police vehicles, and attempted to evade law enforcement. The parking lot has a gate surrounding it and other access points were blocked at the time the vehicle was attempting to evade authorities. Following these discoveries, the occupants exited the vehicle and fled on foot. Two individuals, including ANDERSON, exited the passenger side of the vehicle, one from the front passenger side and one from the rear passenger side. Once the scene was secure, investigators observed several firearms within the immediate area of the vehicle. Investigators observed one rifle outside the driver side of the vehicle and two hands guns outside the passenger side of the vehicle. Additionally, investigators observed ski masks and a pair of gloves on the front passenger floorboard of the vehicle. ANDERSON was located by investigators hiding underneath a house in the 1300 block of Clara Street. He was in possession of a bag which contained another ski mask. As to Count Three, on June 12, 2020, ANDERSON was arrested pursuant to a federal arrest warrant. When investigators apprehended ANDERSON, they observed a firearm protruding from his back pants pocket.
This case was being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigations. The case was prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit of the U.S. Attorney’s Office.
New Orleans Man Sentenced on Weapons ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that defendant DWIGHT ANDERSON, of New Orleans, Louisiana, was sentenced on November 4, 2021 by U.S. District Court Chief Judge Nannette Jolivette Brown to 90 months imprisonment, 3 years supervised release, and a $200 special assessment on Counts Two and Three of a three-count indictment.
Both Counts Two and Three of the indictment charged ANDERSON with being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1) and Title18, United States Code, Section 924(a)(2). As to Count Two, on June 2, 2020, investigators arrested ANDERSON and his co-defendant for being felons in possession of firearms. Law enforcement attempted to initiate a traffic stop on a vehicle being driven by ANDERSON’s co-defendant. ANDERSON was seated in the front passenger seat of the vehicle. The driver of the vehicle refused to stop and fled into the parking lot of a Home Depot located near the intersection of S. Claiborne Ave. and Earhart Blvd in New Orleans, LA. The vehicle proceeded into the gated parking lot, continuing to ignore the police vehicles, and attempted to evade law enforcement. The parking lot has a gate surrounding it and other access points were blocked at the time the vehicle was attempting to evade authorities. Following these discoveries, the occupants exited the vehicle and fled on foot. Two individuals, including ANDERSON, exited the passenger side of the vehicle, one from the front passenger side and one from the rear passenger side. Once the scene was secure, investigators observed several firearms within the immediate area of the vehicle. Investigators observed one rifle outside the driver side of the vehicle and two hands guns outside the passenger side of the vehicle. Additionally, investigators observed ski masks and a pair of gloves on the front passenger floorboard of the vehicle. ANDERSON was located by investigators hiding underneath a house in the 1300 block of Clara Street. He was in possession of a bag which contained another ski mask. As to Count Three, on June 12, 2020, ANDERSON was arrested pursuant to a federal arrest warrant. When investigators apprehended ANDERSON, they observed a firearm protruding from his back pants pocket.
This case was being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigations. The case was prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit of the U.S. Attorney’s Office.
New Orleans Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that CURTIS EMILIEN, age 26, a resident of New Orleans, Louisiana, pleaded guilty on November 4, 2021 to possession of a firearm by a convicted felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). EMILIEN is facing up to ten years in prison, up to three years of supervised release, a maximum fine of $250,000, and a mandatory special assessment fee of $100.
According to court records, EMILIEN and another individual were in a conflict which escalated to the use of firearms. Officers responded to a report of gunshots on August 25, 2019 in the Lafitte Housing Development and found multiple spent shell casings. EMILIEN is prohibited from possessing firearms due to his criminal history.
The Honorable U.S. District Judge Susie Morgan will sentence EMILIEN for his current offense on Tuesday, February 8. 2022
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and New Orleans Police Department in investigating this matter. Assistant United States Attorney Charles D. Strauss is in charge of the prosecution.
Matthew M. Graves Takes Office as United States AttorneyRead the Press Release
WASHINGTON – Matthew M. Graves took office today as United States Attorney for the District of Columbia. He succeeds Channing D. Phillips, who had been serving as Acting U.S. Attorney since March 3, 2021.
President Biden nominated Mr. Graves on July 26, 2021, to serve as U.S. Attorney, and the nomination was confirmed on Oct. 28, 2021, by the Senate. Mr. Graves was sworn into office by the Honorable Chief Judge Beryl A. Howell this afternoon in a ceremony at the U.S. District Court for the District of Columbia. Attorney General Merrick B. Garland made remarks at the ceremony, which was attended by numerous judges, and other dignitaries.
Mr. Graves, 45, is returning to the nation’s largest U.S. Attorney’s Office, where he worked for nearly a decade before going into private practice in 2016 as a litigation and compliance partner in DLA Piper’s Washington, D.C., office.
“Having lived in the District of Columbia for nearly two decades, it is a distinct honor to return to the United States Attorney’s Office and to, once again, have the opportunity to serve my fellow community members and to work with this incredibly talented team of public servants,” said Mr. Graves.
In his previous time with the U.S. Attorney’s Office, Mr. Graves supervised and prosecuted a wide variety of cases as an Assistant U.S. Attorney, and later as Chief of the Fraud and Public Corruption Section. He handled numerous high-profile matters, including successful prosecutions of public officials, international business organizations, government contractors, and defendants engaged in Ponzi schemes and other large-scale fraud. Additionally, he prosecuted scores of cases involving shootings, robberies, kidnappings, and other violent crimes.
Mr. Graves graduated from Washington and Lee University and obtained his juris doctorate from Yale Law School in 2001. He clerked on the U.S. District Court for the District of Columbia for the Honorable Richard W. Roberts from 2001 to 2002 and was an associate at WilmerHale from 2002 to 2007, prior to joining the U.S. Attorney’s Office in 2007.
As he took on his new responsibilities today, U.S. Attorney Graves thanked Mr. Phillips for his decades of service with the U.S. Attorney’s Office and the Department of Justice, including commending him for his exceptional leadership over the past eight months.
Mableton pharmacist found guilty of illegally dispensing and distributing controlled substancesRead the Press Release
ATLANTA - Thomas Ukoshovbera A. Gbenedio has been convicted by a federal jury of illegally dispensing and distributing controlled substances from his pharmacy.
“As a pharmacist, Gbenedio was trusted to appropriately dispense controlled substances,” said Acting U.S. Attorney Kurt R. Erskine. “His behavior fed into the continuing problem of addiction to powerful prescription opioids, which, unfortunately, continues to take a daily toll on many members of our community.”
“Removing and ultimately eliminating healthcare providers who unlawfully dispense pharmaceutical products for non-medical reasons is an important part of DEA’s mission,” said Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “This pharmacist not only distributed copious quantities of opiate-based pills to scores of drug-seeking patients but collected large sums of money from this illegal practice. Gbenedio will no longer be able to commit such unlawful acts due to the hard work and dedication put forth by our federal, state and local law enforcement counterparts who made this investigation a success.”According to Acting U.S. Attorney Erskine, the charges and other information presented in court: Gbenedio was a licensed pharmacist who owned Better Way Pharmacy in Mableton, Georgia. An investigation into Gbenedio began after Georgia Drug & Narcotics Agency (GDNA) agents conducted a routine inspection at Better Way and noticed that several of Gbenedio's customers were driving long distances - including from Kentucky and Alabama - to get prescriptions filled at Better Way. Several of the prescriptions were for large quantities of highly addictive opioids, like oxycodone, and many of the prescriptions were purportedly from the same physician.
The investigation later revealed that the prescriptions being filled by Gbenedio between 2014 and 2016 were not real prescriptions; they were fake, forged, fraudulent, or otherwise illegal. Gbenedio charged his customers up to $1,000 to fill the illegal prescriptions for controlled substances.
After a two-week jury trial, Gbenedio was convicted of 70 counts of illegally dispensing and distributing controlled substances and one count of refusing an administrative inspection warrant.
Once the jury announced its verdict, Gbenedio was ordered to report to Probation for location monitoring. Instead of reporting, Gbenedio attempted to flee. He was apprehended at the Dallas-Fort Worth airport with the assistance of U.S. Marshals.
Sentencing for Thomas Ukoshovbera A. Gbenedio, 71, of Mableton, Georgia, is scheduled for February 7, 2022, at 10:00 a.m. before U.S. District Judge Thomas W. Thrash.
This case is being investigated by the Drug Enforcement Administration.
Assistant U.S. Attorneys Angela Adams and Erin N. Spritzer are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Luzerne County Man Charged with Straw Purchase of A FirearmRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 2, 2021, Dashea Simmons, age 25, of Pittston, Pennsylvania, was charged by a federal grand jury with making false statements in connection with the purchase of a firearm from a federally licensed firearms dealer.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Simmons with providing false information regarding the purchase of a firearm from Dunkelberger’s Sports Outfitter, in Stroudsburg, Monroe County, on June 24, 2020.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Newark, New Jersey, Police Department. Assistant U.S. Attorney Robert J. O’Hara is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under federal law, the maximum penalty is up to ten years in prison, a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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