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7 December 2021
Greensburg Doctor Sentenced to Nearly Five Years in Prison for Accepting Kickbacks in Exchange for Prescribing FentanylRead the Press Release
PITTSBURGH – A resident of Westmoreland County, PA, was sentenced in federal court following his convictions for conspiracy to violate the Anti-Kickback Statute, health care fraud, and conspiracy to distribute Schedule IV controlled substances, United States Attorney Cindy K. Chung announced today.
United States District Judge William S. Stickman sentenced Thomas Whitten, age 71, of Greensburg, PA, to 57 months of imprisonment followed by three years of supervised release.
Whitten pled guilty on July 22, 2021. During the change of plea hearing, Whitten admitted that, from May 2013 to November 2015, he conspired to receive kickbacks from pharmaceutical company Insys Therapeutics in exchange for prescribing Subsys, a powerful painkiller approximately 50 to 100 times more potent than morphine. The FDA approved Subsys only for the management of breakthrough pain in cancer patients. Whitten prescribed Subsys to patients for whom the drug was not medically indicated and received more than $100,000 as well as other benefits from Insys in exchange for writing those prescriptions. Prescriptions for Subsys typically cost thousands of dollars each month, and Medicare and Medicaid, as well as commercial insurers, including Highmark, paid millions of dollars to cover illegitimate Subsys prescriptions written by Whitten.
In addition, from November 2017 through December 12, 2019, Whitten conspired to unlawfully distribute Schedule IV controlled substances, phentermine hydrochloride and diethylpropion, to patients at five weight loss clinics. Based on an agreement between Whitten and the owner of those clinics, Schedule IV controlled substances were dispensed to patients under Whitten’s DEA registration numbers, including to new patients and patients who had not been seen at the clinics for years, without any physical examination by Whitten or another appropriately trained licensed medical professional.
As part of his sentence, Whitten must pay restitution totaling over $8 million to the victim insurers, and forfeit both his medical license and DEA registration.
United States Attorney Cindy K. Chung and Assistant United States Attorney Karen Gal-Or prosecuted this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.
The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney
General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.
Green Bay Man Sentenced for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on December 3, 2021, Dakota P. Van Frachen (age: 26) of Green Bay, Wisconsin, was sentenced to 60 months in federal prison by Senior United States District Judge William C. Griesbach.
Van Frachen possessed and distributed numerous digital images and videos of child pornography. Van Frachen’s indictment and subsequent conviction were the result of a referral from a similar investigation in the District of New Jersey.
In handing down the sentence, Judge Griesbach noted the serious nature of the charge, the effect these crimes have on their victims, and the need for just punishment. Following his release from prison, Van Frachen will spend five years on supervised release. Van Frachen was also ordered to pay a $5,000 special assessment. He will be required to register as a sexual offender.
This case was investigated by the Federal Bureau of Investigation’s Green Bay and Newark Offices. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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 U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
Fort Wayne Man Sentenced to 90 Months in PrisonRead the Press Release
FORT WAYNE – Fredrick J. Morgan, Sr., 65 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady after pleading guilty to distribution of cocaine, announced United States Attorney Clifford D. Johnson.
Morgan Sr. was sentenced to 90 months in prison followed by 4 years of supervised release.
According to documents in the case, on or about August 30, 2019, Morgan Sr. distributed 28 grams or more of crack cocaine to assist his co-defendant, son (Fredrick Morgan II) who was on home detention at the time.
Co-defendant, Fredrick Morgan II, was sentenced on November 9, 2021, to 30 years in prison.
This case was the result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Drug Enforcement Administration, with the assistance of multiple local law enforcement agencies, including the Indiana State Police, Allen County Sheriff’s Department, Allen County Drug Task Force, Adams County Sheriff’s Office, Huntington Police Department, Auburn Police Department, and the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorneys Stacey R. Speith and Brent A. Ecenbarger.
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.
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Fort Bragg Soldier and Marriage Fraud Beneficiary Sentenced for Visa Fraud, False Statements in Immigration ProceedingsRead the Press Release
RALEIGH, N.C. – A soldier from Fayetteville who engaged in a sham marriage with a United States citizen was sentenced today to time served in prison. On October 20, 2021, Maryam Movsum Hasanova pled guilty to one count of visa fraud. She was also ordered to be promptly deported from the United States and to pay $41,511.06 in restitution to the United States Army.
According to court documents and other information presented in court, Hasanova, 35, a citizen of Azerbaijan, entered the United States as an exchange visitor. Shortly after that status expired in March 2014, Hasanova was introduced to a United States citizen, who was paid approximately $15,000 to marry Hasanova in exchange for her lawful permanent resident card (“green card”). Hasanova and the United States citizen were married in New York in October of 2015.
Thereafter, Hasanova and the United States citizen submitted fraudulent applications to United States Citizenship and Immigration Services (USCIS) requesting Hasanova’s adjustment of status as a lawful permanent resident in the United States. Hasanova and the U.S. citizen were interviewed at the USCIS office in New York, NY. Both attested under oath they were married in good faith. As a result of the interview, USCIS approved the application and granted Hasanova lawful permanent residency. Once Hasanova obtained her green card and joined the U.S. Military, she began collecting U.S. Military Basic Allowance for Housing (BAH) at the married rate.
Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle.
“Hasanova’s schemes to circumvent the law have failed and now she will face accountability for her actions,” said Special Agent In Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina. “Protecting the integrity of the nation’s immigration system is of vital importance and HSI prioritizes this mission.”
The case was investigated by Homeland Security Investigations, Federal Bureau of Investigation, Joint Terrorism Task Force, in Fayetteville, NC, and was assisted by US Army Criminal Investigation Division, and the Fraud Detection and National Security unit of USCIS.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:21CR00236-BO.
Former insurance agent sentenced to prison for wire fraud scheme that defrauded clients across the U.S.Read the Press Release
Seattle - A 58-year-old Snohomish, Washington, insurance agent was sentenced today in U.S. District Court in Seattle to 2 years in prison and 3 years of supervised release for wire fraud for her theft of premium payments from various insurance clients, announced U.S. Attorney Nick Brown. Vicki Boser, owned and operated InsuranceTek, Inc., and pocketed premium payments from insurance clients and provided fake certificates of insurance to some of those companies. Boser used the money to support her gambling habit at area casinos. At the sentencing hearing U.S. District Judge James L. Robart likened the conduct to a Ponzi scheme saying, “The conduct is classic in terms of embezzling from clients.”
Boser pleaded guilty to wire fraud in August 2021. Boser founded InsuranceTek, Inc., in 2003, and specialized in assisting small businesses that work in high-risk fields in securing insurance policies to cover their business operations. The clients included private investigators, process servers, mortgage and field service companies, and security guard companies. Between 2014 and 2016, Boser defrauded various clients. Boser would find companies willing to insure the high-risk companies, and if necessary, find a company to finance the premium payments. Boser was required by law to collect the premium payments from the clients and pay them over to the insurance companies. Instead, she pocketed some of the payments, created false insurance certificates, and led the high-risk companies to believe they were insured. In some instances, the insurance companies cancelled the insurance for lack of payment, but Boser received the notices and hid them from the insured. The insurance premiums were tens of thousands of dollars‑‑in one case more than $100,000.
Today, Boser was ordered to pay restitution of $273,137 to 8 different companies or insurance brokers who she defrauded.
Boser had clients across the country including many small family-owned businesses that placed a great deal of trust in Boser. Court records detail the frauds regarding an Illinois-based property inspection business, and Ohio-, Tennessee-, and Texas-based businesses that maintain foreclosed homes. Some of the clients only learned their insurance policies had been cancelled when they contacted the companies directly about renewing the policies. The investigation was triggered when the Washington State Insurance Commissioner’s Office received complaints from the customers.
The case was investigated by the FBI and the Criminal Investigative Division of the Washington State Office of the Insurance Commissioner.
The case was prosecuted by Assistant United States Attorney Lyndsie Schmalz.
Former Ft. Bragg Employee Pleads Guilty to BriberyRead the Press Release
WILMINGTON, N.C. – A Sanford man pleaded guilty today for receiving bribes in his role as a flooring technician while employed at Ft. Bragg.
According to court documents, Edward Wade Crisco was a flooring technician assigned to the Operations and Maintenance Division, Directorate of Public Works (DPW) at Fort Bragg, NC. To obtain services, a Ft. Bragg facilities user submits a request for a repair or service of a facility, such as a roof leak, damaged floor, or plumbing issue to the DPW. The request creates a Demand Maintenance Order (DMO) that is forwarded to the appropriate commodity section. The DMO is assigned to a DPW technician that specializes in a certain trade, such as roofing, flooring, plumbing, or carpentry. The DPW technician assesses the issue to determine if they can complete the repair or service themselves within the time allotted, or certifies that because of manpower, needed expertise, or particular equipment needs a contractor should undertake the work. If a contractor is to be used for the work, the technician submits a request for a Contract to the work leader. If the work is estimated to cost under $2,500, the approved Contract is forwarded to a DPW purchasing agent who hires a contractor to complete the work. The technician who requested the Contract would inspect and certify the work upon completion. Once the technician inspected and certified the contractor’s work, the purchasing agent would pay the contractor using a government purchase card.
From 2011 into 2019, Crisco received bribes ranging from $20 to $100 per DMO from various vendors contracting with DPW, Ft. Bragg, to request contracts be assigned to those specific vendors and to approve and sign off favorably on their work once completed.
“Any ‘pay-to-play’ culture encouraged by government employees at Ft. Bragg stops now,” Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina, said. “The public is well-served by solid investigative work by law enforcement, combined with our prosecutorial resources, in bringing this to an end.”
"The Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) is committed to protecting the integrity of the Department of Defense (DoD) procurement system," said Special Agent in Charge Christopher Dillard, DCIS, Mid-Atlantic Field Office. "Today’s guilty plea demonstrates our determination, alongside our law enforcement partners, to bring swift action against those who subvert the DoD contracting process for their own gain, violating the trust of the American taxpayer."
"The defendant made a bad choice to engage in a bribery scheme," said Frank Robey, Special Agent-in-Charge of the U.S. Army Criminal Investigation Division's Major Procurement Fraud Unit. "MPFU, along with our law enforcement partners, will continue to use every available tool to combat and prevent people from exploiting the government contracting system for their personal benefit."
Crisco pleaded guilty to receiving bribes, in violation of 18 U.S.C. § 201. Tentatively set for sentencing in March 2021, Crisco faces a maximum penalty of 180 months in prison. He agreed to forfeit $150,000 proceeds from his crime.
Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after Chief United States Judge Richard E. Myers II, accepted the plea. Defense Criminal Investigative Service and the U.S. Army Criminal Investigative Division, Major Procurement Fraud Unit, are investigating the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-328-FL.
Former Executive Officer of the Southern Ute Tribe Sentenced to 13.5 Years in Prison for Sexually Assaulting a ChildRead the Press Release
DURANGO – The United States Attorney’s Office for the District of Colorado announces that McKean Walton, age 52, of Ignacio, Colorado, was sentenced to 13.5 years in federal prison, followed by 10 years of supervised release, and a $5,000 special assessment. Walton is the former Executive Officer of the Southern Ute Indian Tribe, headquartered in Ignacio, Colorado. Walton resigned from his position in September 2020, following his arrest in this matter.
According to the stipulated facts contained in the plea agreement, Walton sexually assaulted a twelve-year-old child in his care on multiple occasions in Fall of 2010 and Summer of 2011. Walton committed the sexual assaults by using force, while in the living room of a home on the Southern Ute Indian Reservation.
“Our office will enforce the law against all offenders, no matter what position of authority they hold,” said United States Attorney Cole Finegan. “While justice may have been long in coming in this case, thanks to the courage of the victim and the tenacity of our law enforcement partners, justice has finally arrived.”
“This sentence rightly holds Mr. Walton accountable for his deplorable conduct in this case,” said FBI Special Agent in Charge Michael Schneider of the FBI Denver Division. “The FBI remains steadfast in our commitment to thoroughly investigative crimes against the most vulnerable members of our community, regardless of how many years have passed since the time of the incident.”
United States District Court Judge Robert Blackburn issued the sentence on December 7, 2021. Walton pleaded guilty on July 30, 2021.
The Federal Bureau of Investigation investigated this matter. Assistant United States Attorney Jeffrey K. Graves handled the prosecution.
Case number: 20-cr-00260-REB-JMC
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Former Enforcer for Massachusetts Latin Kings Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (“Latin Kings”) was sentenced today on racketeering charges.
Michael Marrero, a/k/a “King Clumsy,” 41, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to three years in prison and three years of supervised release. On March 30, 2021, Marrero pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
According to court documents, Marrero served as the Inca, or leader, of the Springfield Chapter of the Latin Kings until 2019, when he was appointed as Enforcer for the State of Massachusetts. In these leadership roles, Marrero attended meetings of the gang and state leadership where the business of the gang was discussed and decisions concerning members and operation of the gang were decided. In August 2019, Marrero was captured on a recording in the basement of a Latin Kings controlled trap house in New Bedford bagging and preparing 62 grams of cocaine base for distribution.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Marrero is the 40th defendant to be sentenced in the case.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Paul Oliveira made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard of Mendell’s Organized Crime Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former East Helena police chief admits distributing child pornographyRead the Press Release
GREAT FALLS – The former East Helena chief of police today admitted allegations that he distributed child pornography in 2019 using social media, U.S. Attorney Leif M. Johnson said.
William Daly Harrington, 43, pleaded guilty to distribution of child pornography. Harrington faces a mandatory minimum five years to 20 years in prison, a $250,000 fine and five years to a lifetime of supervised release.
A plea agreement in the case calls for the government to seek the dismissal of three other counts in an indictment if the court accepts the agreement.
Chief U.S. District Judge Brian M. Morris presided and set sentencing for April 13, 2022. Chief Judge Morris will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Harrington was released pending further proceedings.
The government alleged in court documents that in September 2020, a Lewis and Clark County Sheriff’s deputy, who is a member of the Montana Internet Crimes Against Children Task Force, investigated a tip that Facebook Messenger had reported one of its accounts distributed child pornography to another account. The investigation determined that the Facebook Messenger account distributing child pornography belonged to Harrington. Account records showed that on Dec. 17, 2019, Harrington sent 11 images using Messenger to another account. Some of the images depicted child pornography. On Jan. 27, 2021, a search warrant was served on Harrington’s residence in Lewis and Clark County. Law enforcement seized Harrington’s cellular phone, which was analyzed and found to contain images and videos of child pornography. Harrington admitted that he owned and used the Facebook Messenger account that distributed child pornography.
Assistant U.S. Attorneys Cyndee L. Peterson and Wendy A. Johnson are prosecuting the case, which was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, Montana Internet Crimes Against Children Task Force, Lewis and Clark County Sheriff’s Office, Bozeman Police Department and Homeland Security Investigations.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
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Former Chief Deputy Nassau County Executive Sentenced to 18 Months in Prison for Obstructing JusticeRead the Press Release
Earlier today, in federal court in Central Islip, Richard “Rob” Walker, the former Chief Deputy County Executive under former Nassau County Executive Edward Mangano, was sentenced by United States District Judge Joan M. Azrack to 18 months in prison for obstruction of justice. The Court also ordered Walker to pay $5,000 in forfeiture, imposed a $5,500 fine and perform 2,000 hours of community service as part of his sentence. Walker pleaded guilty to the charge in May 2019.
Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“While occupying an important position of public trust, Walker accepted illicit payments from a contractor, encouraged the contractor to commit perjury before a federal grand jury, and lied to the FBI to cover up his crimes,” stated United States Attorney Peace. “This Office will prosecute corrupt officials like Walker who seek to obstruct justice and abuse the public trust.” Mr. Peace also expressed his thanks to Internal Revenue Service-Criminal Investigation for its help during the investigation.
“Public officials have a great responsibility to uphold the public’s trust and make legal and ethical decisions that serve to benefit their communities. Rob Walker did just the opposite when he accepted illicit payments from a contractor working for Nassau County and later attempted to cover his tracks and change his story once he realized the FBI was onto him. As we’ve said in the past, there’s no way to undo what’s already been done—a lesson that’s surely been reinforced today,” stated FBI Assistant Director-in-Charge Driscoll.
In 2014, Walker, who was then the Chief Deputy Nassau County Executive, accepted a $5,000 cash payment from a contractor who was performing work pursuant to a contract for Nassau County. In 2017, Walker learned that the United States Attorney’s Office for the Eastern District of New York and the FBI had opened a grand jury investigation of potential corruption in Nassau County government, including the circumstances surrounding the $5,000 payment made by the contractor to the defendant. Walker spoke to the contractor on several occasions and attempted to persuade him to conceal the existence of the $5,000 payment from the grand jury, or to provide a false explanation to the grand jury concerning the transaction, for example, saying it was repayment of a loan. Walker arranged to meet the contractor in a park in Hicksville, New York, and at that meeting, gave the contractor an envelope containing $5,000 in an effort to make it appear as if the payment Walker accepted “never happened.” Later, when he was interviewed by the FBI concerning the payment, Walker denied ever having received any cash payments from the contractor.
As recounted in consensually recorded conversations, Walker repeatedly claimed that the payment did not have to be disclosed to the grand jury if he returned it to the contractor. On one occasion, Walker said, “you [the contractor] only borrowed it and I gave it back to you…there was never a quid pro quo,” and if he returned the money, “it doesn’t exist…wouldn’t you rather it not existing?”
In another recorded conversation, Walker untruthfully stated, “[j]ust be honest. I borrowed the money from you. I gave it back to you…My mother-in-law was sick…it’s over.” During the exchange, which was recorded by law enforcement, Walker stated, “it [the money] doesn’t exist. That’s it.” When the contractor asked if he is “not saying a word [to the grand jury]?” Walker confirmed, “[n]ope, doesn’t exist.”
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Artie McConnell and Catherine M. Mirabile are in charge of the prosecution.
The Defendant:
RICHARD WALKER (also known as “Rob Walker”)
Age: 43
Hicksville, New YorkE.D.N.Y. Docket No. 18-CR-087 (JMA)
Federal Officials Close Cold Case Re-Investigation of Murder of Emmett TillRead the Press Release
WASHINGTON – The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Mississippi announced today that it has closed its investigation into a witness’s alleged recantation of her account of the events leading up to the murder of Emmett Till. The investigation was conducted in conjunction with the Mississippi District Attorney’s Office, Fourth District. Till’s murder is one of the most infamous acts of racial violence in our country’s history.
Today, Assistant Attorney General Kristen Clarke, Acting U.S. Attorney Clay Joyner, District Attorney W. Dewayne Richardson and career attorneys and employees from the Civil Rights Division and the FBI met with members of Till’s family, including a family member who had been a witness to the events preceding Till’s abduction and murder. The purpose of the meeting was to explain the reasons for closing the investigation and to give the family an opportunity to ask questions about the department’s investigation and conclusions.
The department conducted the investigation as part of its Cold Case Initiative and pursuant to the passage of the Emmett Till Unsolved Civil Rights Crime Act (Till Act). The Cold Case Initiative is a comprehensive effort to identify and investigate racially motivated murders committed decades ago. As in all federal cases, the department may only bring a case with laws that were enacted at the time of the crime and are still within the statute of limitations. However, under the Till Act, the federal government is authorized to assist state and local jurisdictions with investigating and, where possible, prosecuting such crimes.
Because there were no federal hate crime statutes at the time of Till’s death, the case was not then opened for federal investigation. In 2004, the department opened an investigation into Till’s murder as part of its Cold Case Initiative, but determined after a thorough review that it lacked jurisdiction to bring federal charges.
The department reopened the matter in 2017 after a professor alleged in a book he had written that a white woman, who was a witness to crucial events leading up to Till’s abduction and murder, had recanted her previous accounts of those events. In response, the department and the FBI examined whether the woman had recanted and, if so, whether she had information that would allow prosecution of any living person.
In the summer of 1955, the 14-year-old Till traveled from Chicago to Money, Mississippi, to visit relatives. He stayed with family members in their home just east of Money. On Aug. 24, 1955, Till and approximately six other youths drove to a store in Money. A witness indicated that, contrary to long-standing belief about the events in and near the store, no one challenged Till to speak to or flirt with a white woman who was at the store. Nor did Till show a photo of a white girl to the men standing outside the store. Rather, Till bought some items in the store and left with one of his companions without incident. According to this witness, the woman then left the store, unhurried and undisturbed, at which time Till whistled at her. Till’s companions, aware of the dangers posed to Black men perceived to have violated the unwritten, racist code prevalent in the Jim Crow South, hurried to get Till away from the store.
A few days later, in the early morning hours of Aug. 28, Roy Bryant, his half-brother John William (J.W.) Milam, and at least one other person abducted Till from the home of his relatives. Three days later, a teenager fishing in the Tallahatchie River discovered Till’s brutally beaten body floating in the river. Till’s assailants had weighed him down with a 75-pound cotton gin fan, which they tied to his body with barbed wire.
State officials charged Roy Bryant and J.W. Milam with murder; they were tried the following month and acquitted by an all-white jury. During the trial, the woman at the store testified under oath, but not in front of the jury, that Till had propositioned her and physically touched her hand, arm and waist while they were both inside the store. Following their acquittals, both Roy Bryant and J.W. Milam confessed to kidnapping and murdering Till in an account published in Look magazine in January 1956.
In early 2017, new information emerged suggesting that the woman may have confessed to a professor, who later wrote a book about Till’s murder, that the account she provided to the state court in 1955 was untrue. Specifically, the professor asserted that, during a 2008 interview with the woman, she handed him a transcript of her sworn 1955 testimony and said, “[t]hat part’s not true.” If credible, the professor’s assertion suggests that the woman lied in state court and confessed to having done so. The alleged recantation raised questions about whether the woman would be willing to acknowledge to federal authorities that her prior versions of events had been untruthful and whether she now would provide new and accurate information relating to the abduction and murder of Till.
The woman however, when asked about the alleged recantation, denied to the FBI that she ever recanted her testimony and provided no information beyond what was uncovered during the previous federal investigation. Although lying to the FBI is a federal offense, there is insufficient evidence to prove beyond a reasonable doubt that she lied to the FBI when she denied having recanted to the professor. There is insufficient evidence to prove that she ever told the professor that any part of her testimony was untrue. Although the professor represented that he had recorded two interviews with her, he provided the FBI with only one recording, which did not contain any recantation. In addition, although an assistant transcribed the two recordings, neither transcript contained the alleged recantation. The professor also provided inconsistent explanations about whether the missing recording included the alleged recantation or whether, instead, the woman made the key admission before he began recording the interview.
A federal prosecution of the woman would be complicated by the fact that, according to the professor’s account, when she said “that part’s not true,” she did not expressly reference her state court testimony or refer to any specific part of that testimony. Rather, the professor stated that he understood her to be referring to her allegation that Till physically accosted her in the store from the context of their conversation. It would thus be impossible for prosecutors to prove beyond a reasonable doubt that the woman intentionally recanted all or part of her state court testimony, and that she then lied to the FBI when she denied having done so.
Even if the government could prove that she recanted her prior state court testimony, the federal government could not prosecute her for perjury for her 1955 testimony. Perjury in state court is not a federal offense. Moreover, the statute of limitations, a deadline for bringing a prosecution, expired in 1960 on any state perjury offense. Similarly, the five-year statute of limitations has expired on any claim that she lied to the FBI during the 2004 investigation. However, in closing this matter without prosecution, the government does not take the position that the state court testimony the woman gave in 1955 was truthful or accurate. There remains considerable doubt as to the credibility of her version of events, which is contradicted by others who were with Till at the time, including the account of a living witness.
The government’s re-investigation found no new evidence suggesting that either the woman or any other living person was involved in Till’s abduction and murder. Even if such evidence could be developed, no federal hate crime laws existed in 1955, and the statute of limitations has run on the only civil rights statutes that were in effect at that time. As such, even if a living suspect could now be identified, a federal prosecution for Till’s abduction and murder would not be possible. A copy of the memorandum explaining the reasons for closing the investigation is available at: Emmett Till | CRT | Department of Justice.
The Department of Justice remains committed to identifying and investigating racially motivated crimes of violence committed decades ago through its Cold Case Initiative, and through the Emmett Till Unsolved Civil Rights Crime Act and its reauthorization. Those who have information related to an unsolved or un-vindicated cold case that occurred on or before Dec. 31, 1979, and have reason to believe are hate crimes or crimes that would violate other civil rights law should contact the Civil Rights Division’s Cold Case Unit.
Federal Indictment Charges Two Thomson Penitentiary Inmates with Murder and Hate Crime in Connection with Death of Fellow InmateRead the Press Release
ROCKFORD — Two inmates at Thomson Penitentiary in Thompson, Ill., were indicted today by a federal grand jury on murder and hate crime charges relating to the beating death of a fellow inmate.
BRANDON C. SIMONSON, 37, also known as “Whitey,” and KRISTOPHER S. MARTIN, 39, also known as “No Luck,” were each charged with conspiracy to commit murder, second-degree murder, hate crime, and assault resulting in serious bodily injury, according to an indictment returned in U.S. District Court in Rockford. Arraignments have not yet been scheduled.
The four-count indictment was 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. Attorney Vincenza L. Tomlinson.
“Hatred and violence on the basis of religion have no place in our society,” said U.S. Attorney Lausch. “We will continue to work with our federal, state, and local law enforcement partners to protect the civil rights of all Americans.”
“All Americans have the right to live their lives without fear of race or religion-based violence, and FBI Chicago takes very seriously its responsibility to uphold the civil rights of Illinoisans,” said FBI SAC Buie.
According to the indictment, Martin and Simonson were members of a white supremacist group called the Valhalla Bound Skinheads. On March 2, 2020, Martin and Simonson conspired to assault fellow inmate Matthew Phillips because of Phillips’s actual and perceived race and religion, namely Jewish, the indictment states. Martin and Simonson continuously struck Phillips in the upper body, face, and head even after Phillips became defenseless, the charges allege.
Conspiracy to commit murder, second-degree murder, and hate crime each carry a maximum sentence of life imprisonment, while the maximum sentence for the assault charge is ten years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Fargo, ND, Man Sentenced to Six Years in Federal Prison for His Involvement in a String of Violent RobberiesRead the Press Release
FARGO - Acting United States Attorney Nicholas W. Chase announced that U.S. District Court Chief Judge Peter D. Welte sentenced Zachary Ronzell Mitchell, age 30, Fargo, ND, to 72 months in federal prison for Interfere with Commerce by Threats and Violence – Hobbs Act Robbery. Chief Judge Welte also sentenced Mitchell to 3 years supervised release and a $100 Special Assessment.
On June 6, 2019, Mitchell and a group of young males and one female robbed a customer of commercial sex. Mitchell’s co-defendants posted an advertisement on "Skip the Games" promoting prostitution with adult women. The victim arranged to meet an individual for the purpose of commercial sex at an apartment building in Fargo. Using dangerous weapons, Mitchell and his co-defendants robbed the commercial sex customer by threats of force and actual force after he arrived at the apartment building just after midnight. The defendants sought to take advantage of a customer of commercial sex whom they believed would be unwilling to go to law enforcement if he was robbed, but fortunately the victim called 911 immediately following the robbery. Several of Mitchell’s co-defendants were indicted in North Dakota and pleaded guilty:
• JORDAN DANIEL KRAFT, age 21, Fargo, ND: Pleaded guilty to One Count Conspiracy to Commit Robbery and Robbery, pending sentencing.
• SHELTON LEE MOSEBY, IV, age 19, Fargo, ND: Pleaded guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 51 months in federal prison, followed by 3 years supervised release.
• TEAJAHA SHANETTE LAYSHA GRANDER, age 24, Fargo, ND: Pleaded guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 2 years in federal prison, followed by 3 years supervised release.
• TATYANNA DESHUAN GRANDER, age 21, Fargo, ND: Pleaded guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 30 months in federal prison, followed by 3 years supervised release.
• TEON TYRIK BERRY, age 19, Fargo, ND: Pleaded guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 57 months in federal prison, followed by 3 years supervised release.
• JACOBY RASHAWN LEE, age 19, Fargo, ND: Pleaded guilty to One Count of Interference with Commerce by Threats or Violence—Hobbs Act Robbery, sentenced to 7 years in federal prison, followed by 3 years supervised release.
• HARLEIGH JOSETTE HAUGEN, age 21, Fargo, ND: Pleaded guilty to Conspiracy to Commit Robbery and Robbery, sentenced to 45 months in federal prison, followed by 3 years supervised release.
This case was investigated by the Fargo Police Department and the Homeland Security Investigation and the case was prosecuted by the United States Attorney’s office, with Assistant United States Attorney Jennifer Puhl assigned to the case.
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Employees of Mechanical Contractors Charged with Conspiracy and Fraud OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that a New Hampshire resident and a Connecticut resident have been charged in separate criminal complaints with conspiracy and fraud offenses stemming from their alleged involvement in construction project fraud schemes.
WILLIAM SACCO, 48, of Pelham, New Hampshire, was arrested on November 22. He appeared today via videoconference before U.S. Magistrate Judge Thomas O. Farrish in Hartford and is released on a $50,000 bond.
As alleged in the criminal complaint, Sacco was a project manager for a Massachusetts-based mechanical contractor. From June 2014 through December 2018, Sacco conspired to defraud his employer and the owners of certain projects he managed by inflating change orders on the projects. As part of the conspiracy, a co-conspirator subcontractor made payments to Sacco and also for Sacco’s benefit, including payments for Sacco’s children’s college tuition, a graduation party, a Mac laptop, airline tickets, hotels and Sacco’s rent. Sacco and the co-conspirator submitted inflated change orders to Sacco’s employer to offset some of the costs of the payments the co-conspirator made to Sacco.
In a separate case, DON RICHARDS, 53, of Milford, Connecticut, was arrested on October 19, 2021, on a criminal complaint. Richards was a senior project manager at a Massachusetts-based mechanical contractor. It is alleged that from November 2014 through February 2018, Richards also conspired to defraud his employer and project owners by inflating change orders on certain projects he was managing. As part of this separate conspiracy, a co-conspirator subcontractor made payments to Richards and also for Richards’s benefit, including gift cards and funds for a golf club membership. Richards and the co-conspirator submitted inflated change orders to Richards’s employer to offset some of the costs of the payments the co-conspirator made to Richards.
Sacco and Richards are each charged with conspiracy to commit wire fraud and wire fraud. Each offense carries a maximum term of imprisonment of 20 years.
Richards is released on a $100,000 bond.
Acting U.S. Attorney Boyle stressed that each complaint is only a charge and is not evidence of guilt. Charges are only allegations and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
These investigations are being conducted by the Federal Bureau of Investigation and the Defense Criminal Investigative Service. The cases are being prosecuted by Assistant U.S. Attorney David T. Huang, with assistance from the Department of Justice’s Antitrust Division, New York Office.
El Departamento de Justicia llega a un acuerdo con Microsoft que resuelve unas denuncias de discriminación relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con Microsoft Corporation que resuelve alegatos de que la compañía había discriminado a no ciudadanos de los EE. UU. por motivos de su estatus de ciudadanía en las fases iniciales del proceso de contratación de Microsoft al pedirles documentos migratorios específicos e innecesarios para demostrar que podían trabajar para la compañía sin que la compañía tuviera que patrocinar una visa laboral. Asimismo, el acuerdo resuelve acusaciones de que la compañía había discriminado a residentes permanentes legales al pedirles documentos adicionales o diferentes a los que por ley deben pedir para fines relacionados con la reverificación de su permiso continuo para trabajar en los Estados Unidos.
La investigación independiente del Departamento comenzó después de que la mujer de un postulante de Microsoft llamó a la línea directa de la IER para informarle que la compañía le había pedido a su marido su Tarjeta de Residente Permanente al solicitar un puesto en las oficinas de Microsoft en Redmond, Washington. La investigación halló pruebas de que la compañía había pedido, en repetidas ocasiones, que residentes permanentes legales, refugiados y asilados se sometieran a una evaluación de su necesidad de patrocinio de una visa laboral por parte de Microsoft, a pesar de que ellos no requieren ningún tipo de patrocinio para poder trabajar en los Estados Unidos. La investigación determinó que la compañía discriminó al menos a seis residentes permanentes legales por motivos de su estatus migratorio durante este proceso de evaluación de visas cuando les pidió que presentasen su Tarjeta de Residente Permanente para demostrar que tenían permiso para trabajar sin la necesidad ser patrocinados por el empleador. Más aún, la investigación determinó que, desde al menos junio del 2019 hasta al menos enero del 2020, Microsoft envió, de forma habitual, correos electrónicos a residentes permanentes legales para pedirles documentos para confirmar que disponían de una autorización continua para trabajar, a pesar de que ya habían presentado documentos que demostraban una autorización permanente para trabajar.
La Ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) requiere que los empleadores verifiquen el permiso del trabajador para trabajar en los Estados Unidos. Por otra parte, la ley también prohíbe que los empleadores pidan documentos cuando no tienen el requisito de pedirlos o que restrinjan o especifiquen los tipos de documentación válida que se le permite al trabajador presentar para demostrar que cuenta con permiso para trabajar, por motivos de la ciudadanía, el estatus migratorio o la nacionalidad de origen de tal trabajador. Conforme el acuerdo, Microsoft revisará partes de su proceso de contratación para garantizar que la compañía no esté requiriendo, de modo ilegal, a solicitantes de trabajo que no son ciudadanos de los EE. UU. que presenten documentos migratorios específicos para demostrar que no necesitan ser patrocinados para una visa laboral. El acuerdo también requiere que la compañía pare de enviar correos electrónicos para pedir documentos con el fin de reverificar la autorización para trabajar de trabajadores cuya autorización para trabajar no debe ser reverificada. Además, el acuerdo requiere que la compañía permita a trabajadores que necesiten demostrar una autorización continua para trabajar que presenten el documento aceptable que quieran para tal fin. Microsoft también deberá pagar una sanción civil a los Estados Unidos y capacitar a sus empleados responsables de la verificación y reverificación del permiso de los trabajadores para trabajar en los Estados Unidos. Más aún, el acuerdo requiere que Microsoft se someta a los requisitos de declaración y supervisión del Departamento.
«Mediante investigaciones y conciliaciones como esta, el Departamento de Justicia seguirá garantizando que todo no ciudadano de los EE. UU. que disponga de autorización para trabajar pueda perseguir oportunidades laborales sin enfrentarse a discriminación ilícita», afirmó Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles. «El Departamento también espera que este acuerdo inspire a otros empleadores a asegurar que sus propias políticas y prácticas no sean discriminatorias».
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus migratorio o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas; y represalias e intimidación.
Hay más información aquí sobre cómo los empleadores pueden evitar las prácticas documentales injustas. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery. Para visualizar la versión en inglés de este comunicado de prensa, haga clic aquí.
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Disturbance Complaints Lead to Conviction of Men for Illegally Possessing Firearms and AmmunitionRead the Press Release
LAFAYETTE, La. - Acting United States Attorney Alexander C. Van Hook announced that two men have been sentenced by United States District Judge James D. Cain, Jr. to time in federal prison for illegal possession of firearms and ammunition. Both defendants were indicted by a federal grand jury in Lafayette on January 13, 2021 for being a convicted felon in possession of a firearm.
Kevin Joseph Lejeune, 31, of Westlake, Louisiana was sentenced to 57 months in prison, followed by 3 years of supervised release. Lejeune pleaded guilty on June 3, 2021. The charge stemmed from an incident in which deputies with the Calcasieu Parish Sheriff’s Office responded to a disturbance complaint at a residence in Lake Charles on July 9, 2020. Upon arrival at the residence, the deputies interviewed witnesses at the scene and learned that Lejeune had possessed and discharged a firearm that evening. The residence was equipped with a video surveillance system, and the system’s recording device was located within a locked safe. Search warrants were executed on the residence and Lejeune’s vehicle. Deputies found a loaded pistol in Lejeune’s vehicle and recovered the surveillance video from the safe. Upon reviewing the surveillance video, deputies observed video footage of Lejeune possessing and firing the pistol. Also, Lejeune admitted to law enforcement that he had possessed and discharged a pistol that evening. As a person having been previously convicted of felony offenses, Lejeune knew that he was prohibited from possessing a firearm and ammunition. His previous felony convictions included those for aggravated assault with a firearm and possession of methamphetamine.
This case was investigated by the ATF and Calcasieu Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Danny Siefker.
Rickey A. Edmonds, 48, of Lake Charles, Louisiana, was sentenced to 24 months in prison, followed by 3 years of supervised release. On February 10, 2020, Lake Charles Police Department officers responded to a residence in connection with a reported disturbance complaint. Officers found Edmonds on the porch with a firearm near him. He acknowledged to officers that the firearm belonged to him. In addition, Edmonds had a number of rounds of ammunition in his pants pocket. Edmonds has prior felony convictions for illegal carrying of a weapon (second offense) (2016), and for unauthorized use of a vehicle (2016). Edmonds knew that as a convicted felon, he was prohibited from possessing a firearm or ammunition.
This case was investigated by the ATF and Lake Charles Police Department and prosecuted by Assistant U.S. Attorney Daniel J. McCoy.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Department of Justice and Dunlap School District Reach Agreement to Provide Fully Accessible Elementary School PlaygroundRead the Press Release
SPRINGFIELD, Ill. – The Department of Justice has reached a settlement pursuant to the Americans with Disabilities Act (ADA) with Dunlap Community Unit School District No. 323, located in Dunlap, Illinois, ensuring that Banner Elementary School’s outdoor playground is accessible to all children, including children with disabilities.
The settlement agreement resolves an ADA complaint filed by parents of a child with a disability at Banner Elementary. The complaint alleged that a child with a disability was routinely unable to access Banner’s existing playground to play with peers and had to play alone, outside of the play area and separate from peers without disabilities. The complaint prompted an investigation by the United States Attorney’s Office for the Central District of Illinois and the Civil Rights Division of the Department of Justice. Title II of the ADA prohibits places of public accommodation, including school districts, from discriminating against individuals with disabilities and requires them to remove architectural barriers to access. The ADA requires a school’s outdoor playgrounds to be readily accessible to and usable by individuals with disabilities.
Under the settlement agreement, the school district has agreed to create a new outdoor playground by integrating new, accessible equipment into the existing area, effectively creating a single outdoor playground with accessible equipment and surfaces. As part of the agreement, the district will also remove all existing barriers to access, including railroad ties and other barriers, as well as remove and replace all existing pea gravel and mulch with ADA-compliant surfaces. Without admitting violating the ADA, the district also agreed to a monetary payment to the parents fully resolving the matter.
“Children and other individuals with disabilities are entitled to full access to our community, including a school’s playground,” said Douglas J. Quivey, Acting United States Attorney for the Central District of Illinois. “This settlement demonstrates the Dunlap Community School District’s commitment to providing equal access to all students it serves. We appreciate both the parents and the School District’s cooperation in resolving this matter and their dedication to ensuring all students enjoy full access. I encourage all school districts in Central Illinois to review their facilities to make sure they are accessible and fully usable by all.”
The settlement was the result of a coordinated effort by the U.S. Attorney’s Office for the Central District of Illinois and the Civil Rights Division of the Department of Justice. Assistant U.S. Attorney Joshua I. Grant represented the government during the investigation and settlement process. For more information about the ADA, please visit www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.
Delaware County Doctor Sentenced to Three Years for Unlawfully Distributing Oxycodone to Patients in “Pill Mill” CaseRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Timothy F. Shawl, M.D., 62, of Garnet Valley, Pennsylvania was sentenced to three years in prison, and two years of supervised release United States District Judge R. Barclay Surrick for his unlawful distribution of controlled substances in connection with his medical practice based in Philadelphia.
In January 2020, the defendant pleaded guilty to five counts of unlawful distribution of controlled substances, admitting that he wrote prescriptions for controlled substances that were outside the usual course of professional practice and not for a legitimate medical purpose. Shawl was charged by Indictment in September 2019, as part of a nationally coordinated healthcare fraud enforcement action across seven federal districts, involving more than $800 million in loss and more than 3.25 million opioid pills distributed in “pill mill” clinics. Specifically, Shawl wrote prescriptions, usually for oxycodone, for certain patients without seeing, treating or examining them; generally, certain patients just picked up an envelope with their prescription from the receptionist at Shawl’s office. For one patient, he had not conducted a physical examination in at least five years, despite regularly prescribing controlled substances. This patient died on January 7, 2019, just three days after Shawl last prescribed oxycodone for her, and the cause of death was drug intoxication.
“This sentence should serve as a warning to any medical professional engaged in this type of illegal behavior,” said U.S. Attorney Williams. “As a physician, Shawl was well aware of the inherently dangerous nature of the drugs he cavalierly prescribed, sometimes to vulnerable people struggling with addiction, and he did so despite taking an oath to do no harm. He is no better than a street-level drug dealer; in fact, in some ways he is far worse.”
“Our community has felt the negative effects of pill mills operated by doctors like Shawl, who use their positions of trust to become drug dealers for personal profit, for far too long,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “But the FBI and our law enforcement partners are fighting back, and we will continue to tirelessly pursue unethical doctors who write illegal opioid prescriptions that are plainly outside their professional practice. Today’s sentencing is a testament to the dedication and teamwork in combating the opioid crisis in the Philadelphia area.”
The case was investigated by the Federal Bureau of Investigation with assistance from task force officers from the Philadelphia Police Department and Pennsylvania Office of the Attorney General, and is being prosecuted by Trial Attorney Debra Jaroslawicz of the Criminal Division’s Fraud Section.
Convicted Felon Sentenced to 120 Months in Federal Prison for Illegally Possessing a FirearmRead the Press Release
Acting United States Attorney Ellison C. Travis announced that U.S. Chief District Judge Shelly D. Dick sentenced Donatraus Hudson, a/k/a “Dontarius Hudson,” age 22, of Baton Rouge to 120 months in federal prison following his conviction of possessing a firearm by a convicted felon. Hudson’s federal prison sentence will be served consecutive to any term of imprisonment imposed on charges currently pending in Louisiana state court. The Court further sentenced Hudson to three years of supervised release following his term of imprisonment and ordered that the firearm and ammunition involved be forfeited.
According to admissions Hudson made as a part of his guilty plea, on September 10, 2020, the United States Marshal Service Fugitive Task Force executed an arrest warrant for Hudson on state charges for armed robbery at his residence in Baton Rouge. Shortly thereafter Baton Rouge Police officers obtained a search warrant for Hudson’s residence and a search of the premises was conducted, in which a loaded SCCY, a model CXP-2, 9 mm semi-automatic pistol and additional ammunition were found.
Prior to possessing the firearm, Hudson was convicted in September of 2019 of simple burglary and in April of 2018 of attempted possession of a Schedule IV-controlled dangerous substance. Both of these prior felony convictions were in East Baton Rouge Parish.
Acting U.S. Attorney Ellison Travis stated, “Keeping repeat offenders off our streets remains a top priority of this office. Our office is committed to working with our law enforcement partners to keep our communities safe. This was a team effort and congratulations to our prosecutor, the ATF, and the Baton Rouge Police Department for the great work on this case.”
“The sentence imposed today lets repeat offenders know that they will pay a price for their crimes,” said ATF New Orleans Field Division Special Agent in Charge Kurt Thielhorn. “The collaborative effort of the U.S. Attorney’s Office, local law enforcement, and the ATF is the foundation for keeping our neighborhoods and communities safe from violent criminals.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Baton Rouge Police Department. The case was prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Convicted Felon Sentenced to 105 Months for Possessing a Firearm During a Domestic Violence IncidentRead the Press Release
Memphis, TN – Jenico Burrus, 29, has been sentenced to 105 months in federal prison for being a convicted felon in possession of a firearm and possession of a firearm after a misdemeanor conviction for domestic violence. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, on June 13, 2020, Memphis Police officers responded to an aggravated assault on Eastwind Drive. The victim advised that she and Jenico Burrus were in an argument when he pulled a black handgun from his waistband, pointed it at her and threatened to kill her. When law enforcement arrived, Burrus fled the scene through an apartment complex, jumped over a fence and threw the gun in the parking lot. Burrus was later found hiding behind a building near W. Foronia Square. The gun recovered was a Glock .45 caliber pistol, loaded with one live round in the chamber and 6 rounds in the magazine.
Prior to his arrest, Burrus had an outstanding warrant for domestic assault with bodily harm, two prior felony convictions for aggravated assault in 2015, and two prior convictions for misdemeanor domestic violence in 2013. As a result of his prior felony convictions, the defendant is prohibited by federal law from possessing firearms or ammunition.
On December 3, 2021, U.S. District Judge Thomas L. Parker sentenced Burrus to 105 months in federal prison to be followed by three years supervised release. There is no parole in the federal system.
This case was investigated by the Memphis Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Project Safe Neighborhoods (PSN) Task Force. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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Convicted Felon Charged with Trying to Bring Loaded Gun on Plane at Newark Liberty International AirportRead the Press Release
NEWARK, N.J. – A Sandy Springs, Georgia, man appeared in federal court today to face weapons charges after allegedly trying to get a firearm through security at Newark Liberty International Airport, Acting U.S. Attorney Rachael A. Honig announced.
Desmond Herring, 48, is charged by complaint with one count of carrying a weapon on an aircraft and one count of possession of a firearm and ammunition by a convicted felon. He appeared by videoconference this afternoon before U.S. Magistrate Judge Michael A. Hammer in Newark federal court and was released on $100,000 unsecured bond, with home confinement and GPS monitoring.
According to documents filed in this case and statements made in court:
On Nov. 29, 2021, Herring submitted a carry-on bag for inspection at Newark Liberty International Airport. During the x-ray screening of Herring’s luggage, a Transportation Security Administration (TSA) agent identified ammunition and a suspected firearm and contacted the Port Authority Police Department. Upon seeing that his bag had attracted additional attention, Herring left the security checkpoint area without his bag and walked to a departure gate for his flight to Atlanta, Georgia.
Further investigation of Herring’s bag revealed that it contained a 9 millimeter pistol, 10 rounds of 9 millimeter ammunition loaded into a magazine, and three boxes of ammunition that each contained 50 rounds of 9 millimeter ammunition. Herring was prohibited from possessing a firearm due to a 2010 federal conviction for conspiracy to distribute controlled substances.
Both charges in the complaint carry a maximum potential penalty of 10 years in prison.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and officers of the Port Authority Police Department, under the direction of Superintendent Edward Cetnar, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Benjamin Levin of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Columbia Man Sentenced to More Than 30 Years for Drug and Firearms CrimesRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Kenyada Jaqu, 45, of Columbia, was sentenced to more than 30 years in federal prison after a three-day trial in October 2020 where a jury found him guilty of drug- and firearm-related crimes. Jaqu’s trial was the first criminal trial in the United States District Court for the District of South Carolina during the COVID-19 pandemic.
Evidence presented by the Government during the trial established that on March 11, 2019, Jaqu was a passenger in a car stopped by a deputy with the Richland County Sheriff’s Department. During a subsequent search of the vehicle, the deputy located several suspected controlled substances. Later that day, law enforcement searched a hotel room and a residence associated with Jaqu, where they found two firearms, additional suspected controlled substances, and drug paraphernalia. Additional investigation revealed that Jaqu’s drug trafficking activities stretched back at least as far as March, 2015. Federal law prohibits Jaqu from possessing firearms due to prior state felony convictions for attempted strong armed robbery, distribution of heroin, and possession of heroin.
The jury ultimately found Jaqu guilty of possession with intent to distribute and distribution of heroin and methamphetamine, conspiring to possess with intent to distribute and to distribute heroin and methamphetamine, being a felon in possession of firearms, and possessing a firearm in furtherance of drug trafficking.
United States District Judge Michelle Childs, who presided over the trial, sentenced Jaqu to 388 months in federal prison, to be followed by an eight-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and Richland County Sheriff’s Department.
Assistant United States Attorney Katherine Flynn prosecuted the case.
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Coffee County Man Found Guilty of Murder While Trafficking Drugs Along with Other Federal Gun and Drug ChargesRead the Press Release
Montgomery, Alabama – On December 3, 2021, Jareece Edward Blackmon, 28, from Enterprise, Alabama, was convicted by a jury on federal gun and drug charges, including a charge of committing murder in relation to a drug trafficking crime, announced Acting United States Attorney Sandra J. Stewart.
According to court records and evidence presented at trial, on June 15, 2017, officers from the Montgomery Police Department responded to a business after reports of a shooting. When officers arrived, they found Blackmon, who had been shot in the leg. A stolen Ruger .380 was found in Blackmon’s car along with a mesh bag in the trunk containing ammunition with his blood on the outside and inside of the bag. Blackmon is a convicted felon and is prohibited from possessing a firearm.
Later, on August 15, 2017, Blackmon went to a house in Enterprise with multiple individuals to purchase a large quantity of marijuana. One went inside with Blackmon, was shot six times, and died. The next day, law enforcement was executing an arrest warrant on Blackmon at his residence and found the gun used in the murder with Blackmon’s DNA on it. More than eighteen pounds of marijuana and other firearms were discovered as well.
After hearing the evidence presented at trial, the jury found Blackmon guilty of using and discharging a firearm to commit murder during and in relation to a drug trafficking crime, conspiracy to traffic marijuana, possession of a firearm in connection with a drug trafficking crime, possession with intent to distribute marijuana, and three counts of being a felon in possession of a firearm.
Due to the seriousness of his crimes, Blackmon is facing a maximum sentence of life in prison. In the coming months, a federal district court judge will determine Blackmon’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Enterprise Police Department, the Montgomery Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Alabama Department of Forensic Sciences, the Dothan Police Department, the Level Plains Police Department, and the Federal Bureau of Investigation (FBI). Assistant United States Attorneys Kevin Davidson, Justin Jones, and Greg Griffin Jr. prosecuted the case.
Citronelle Resident Sentenced to 48 Months Imprisonment on Gun ChargeRead the Press Release
MOBILE, AL – A Citronelle man was sentenced to 48 months in prison and three years of supervised release for being a felon in possession of multiple firearms.
According to court documents, Xavier Davell Shepard, 45, had four felony convictions prior to his latest offense, including a conviction in 2013 in the United States District Court for the Southern District of Alabama for being a felon in possession of a firearm. Federal law prohibits felons from possessing firearms or ammunition.On February 12, 2020, a victim reported a burglary at her Citronelle home. One or more persons had allegedly entered the home and stolen ten firearms from a back bedroom. The Citronelle Police Department later recovered four of the ten firearms after Shepard pawned them at various pawn shops.
On March 8, 2020, a Citronelle Police Department detective interviewed Shepard about the stolen firearms. Shepard told police that he had been at the victim’s home a couple days before the burglary and that he had been doing odd jobs and washing cars around the house for some time. Shepard said three other persons committed the burglary and that he bought five firearms in Citronelle from one of the burglars. Shepard said he acquired the firearms in the woods in Citronelle where the burglars had stashed the weapons. Shepard admitted that he later pawned the firearms for money.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation and Citronelle Police Department investigated the case.
Assistant U.S. Attorney Sinan Kalayoglu prosecuted the case on behalf of the United States.
Cheshire Investment Advisor Sentenced to 30 Months for Stealing More Than $600K from Elderly ClientRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that MATTHEW O. CLASON, 40, of Cheshire, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 30 months of imprisonment, followed by two years of supervised release, for stealing more than $600,000 from an investment client.
According to court documents and statements made in court, Clason was an investment advisor and a registered representative of Lincoln Financial Advisors Corporation, and then LPL Financial LLC. Beginning in approximately 2015, Clason provided investment services to a 73-year-old Connecticut resident (“the victim”). The victim had at least five investments accounts with Clason and, in January 2018, Clason and the victim opened a joint bank account. From 2018 to August 2020, Clason transferred more than $668,000 from the victim’s investment accounts into the joint bank account and, without the victim’s knowledge or authorization, withdrew more than $621,000 in cash from the bank account for his personal use. Clason also transferred $5,000 directly from the joint bank account to his personal bank account, and made two transfers from the joint bank account to pay his personal credit card.
Judge Shea ordered Clason to pay $639,580 in restitution
On May 12, 2021, Clason pleaded guilty to one count of wire fraud.
Clason, who is released on bond, is required to report to prison on February 28, 2022.
This matter was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Heather L. Cherry.
The Justice Department has established a National Elder Fraud Hotline to provide services to seniors who may be victims of financial fraud. The Hotline is staffed by experienced case managers who can provide personalized support to callers. Case managers assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed. When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller. The Hotline’s toll-free number is 833-FRAUD-11 (833-372-8311).
Charleston Man Sentenced to Thirteen Years in Federal Prison for Drug and Gun OffenseRead the Press Release
Charleston, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Joseph Roberto Major, 33, of North Charleston, was sentenced to thirteen years in federal prison after pleading guilty to possession of a firearm in furtherance of a drug trafficking crime.
Evidence presented to the court showed that on November 22, 2017, Major was arrested at a North Charleston night club after pointing a gun at a woman and threatening to “blow her head off.” Club security restrained Major and recovered a Glock from his waistband. Responding officers searched Major’s car and discovered multiple bags of pills that ultimately tested positive for methamphetamine. Major was also charged with being a felon-in-possession of a firearm in connection with a separate incident at the same club in January of 2017.
On June 23, 2021, Major pleaded guilty to possessing a firearm in furtherance of drug trafficking in connection with the November 2017 incident. Major has a long criminal history, which includes prior convictions for distribution of cocaine, possession with intent to distribute cocaine, assault and battery of a high and aggravated nature, unlawful carrying of a pistol, possession of drug paraphernalia, and multiple convictions for disorderly conduct.
United States District Judge David Norton sentenced Major to 156 months in federal prison, to be followed by a five-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and North Charleston Police Department 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.
Assistant United States Attorney Chris Schoen prosecuted the case.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. -- Richard Daniels Jr., 39, of Charleston, pleaded guilty today to a federal gun crime.
Based upon statements made in court, Daniels possessed a Springfield, Model XD 9mm handgun on December 12, 2020 in Charleston. Daniels admitted that he knew he was prohibited from possessing the gun because of his 2003 felony conviction for third-degree sexual assault in Rock County, Wisconsin.
Daniels pleaded guilty to being a felon in possession of a firearm and faces up to 10 years in prison when he is sentenced on March 10, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Nick Miller is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00183.
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Canadian Man Charged in Scheme to Commit CyberattacksRead the Press Release
ANCHORAGE – A federal indictment unsealed today charges a Canadian national with committing cyberattacks.
According to court documents, Matthew Philbert, 31, of Ottawa, Ontario, Canada, conspired with others known and unknown to the United States to damage computers, and in the course of that conspiracy did damage a computer belonging to the State of Alaska in April 2018.
In a separate and parallel investigation, the Canadian authorities today also announced cybercrime charges against Philbert. He was arrested on Nov 30, 2021, by Ontario Provincial Police where he remains in custody.
“Today’s unsealed indictment is a great example of the importance of international partnerships to combat the evolving and growing threat of cybercrimes,” said Acting U.S. Attorney Bryan Wilson of the District of Alaska. “Cybercriminals are a dangerous threat and together with our law enforcement partners, we will use all our available resources to bring cybercriminals who target Alaskans to justice, wherever they are.”
“Cyber criminals are opportunistic and will target any business or individual they identify as vulnerable. The OPP continues to demonstrate its ability to seamlessly collaborate on integrated police investigations to combat cybercrimes and other illegal activities.” Deputy Commissioner Chuck Cox, Provincial Commander, Ontario Provincial Police (OPP) Investigations and Organized Crime
Philbert is charged with one count of conspiracy to commit fraud and related activity in connection with computers and one count of fraud and related activity in connection with computers. This indictment in the District of Alaska is part of an ongoing national effort by the Department of Justice to address cybercrimes that target U.S. citizens from abroad.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Bryan Wilson of the District of Alaska, and Special Agent in Charge Antony Jung of the FBI’s Anchorage Field Office made the announcement.
The FBI’s Anchorage Field Office is investigating the case. Assistant Attorney General Polite and Acting U.S. Attorney Wilson thanked the Canadian and Dutch authorities for their assistance.
Assistant U.S. Attorney Adam Alexander and Trial Attorney Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Canadian Man Charged with Scheme to Commit CyberattacksRead the Press Release
A federal indictment unsealed today in Alaska charges a Canadian national with committing cyberattacks.
According to court documents, Matthew Philbert, 31, of Ottawa, Ontario, Canada, conspired to and did damage a computer belonging to the State of Alaska in April 2018.
In a separate and parallel investigation, the Canadian authorities today also announced cyber charges against Philbert. He was arrested on Nov. 30 by Ontario Provincial Police where he remains in custody.
Philbert is charged with one count of conspiracy to commit fraud and related activity in connection with computers and one count of fraud and related activity in connection with computers. This indictment in the District of Alaska is part of an ongoing national effort by the Department of Justice to address cybercrimes that target U.S. citizens from abroad.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Bryan Wilson of the District of Alaska, and Special Agent in Charge Antony Jung of the FBI’s Anchorage Field Office made the announcement.
The FBI’s Anchorage Field Office is investigating the case. Assistant Attorney General Polite, Acting U.S. Attorney Wilson and FBI Special Agent in Charge Jung thanked the Canadian and Dutch authorities for their assistance.
Assistant U.S. Attorney Adam Alexander and Trial Attorney Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
California Parents Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – Two Silicon Valley parents pleaded guilty today in federal court in Boston in connection with their involvement in the college admissions case.
Gregory Colburn, M.D., 64, and Amy Colburn, 52, of Palo Alto, Calif., pleaded guilty to one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for April 14, 2022.
The Colburns admitted to their roles in a scheme to defraud The College Board by paying William “Rick” Singer $25,000 to bribe Igor Dvorskiy, a corrupt test administrator, to allow Mark Riddell, a corrupt test “proctor,” to secretly correct the Colburns’ son’s SAT exam answers to obtain a fraudulently inflated score.
Singer, Dvorskiy and Riddell have pleaded guilty for their respective roles in the scheme.
Under the terms of the plea agreements, each of the defendants has agreed to sentences, subject to the Court’s approval, of eight weeks in prison, one year of supervised release with 100 hours of community service and a fine of $12,500.
Gregory Colburn and Amy Colburn are the 36th and 37th parents in the college admissions case to either plead guilty or be convicted by a jury following trial.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail and wire fraud and honest services mail and wire fraud provides for a sentence of up 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Kristen A. Kearney, Ian J. Stearns and Leslie Wright of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Bradford Man Sentenced to 6 Years for Receiving Sexual Images and Movies of ChildrenRead the Press Release
ERIE, Pa. - A resident of Bradford, Pennsylvania, has been sentenced in federal court to 72 months in jail, to be followed by five years of supervised release on his conviction of violating federal laws relating to the sexual exploitation of children. Sutton was also ordered to pay $2,000 in restitution to each of three separate victims and a $5,100 special assessment, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge David S. Cercone imposed the sentence on Daniel Thomas Sutton, 33, 595 South Kendall Avenue, Bradford, Pennsylvania
According to information presented to the court, Sutton received computer images and movies depicting minors, some as young as toddlers and infants, engaging in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the 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 locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Sutton.
Boston Man Pleads Guilty to Wide-Ranging Cocaine Trafficking ConspiracyRead the Press Release
BOSTON – A Boston man pleaded guilty yesterday to his role in a wide-ranging cocaine trafficking conspiracy.
Luis Mejia Guerrero, 61, pleaded guilty to conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine. At the conclusion of the plea hearing, Guerrero was taken into custody and detained pending sentencing, which U.S. District Court Judge Nathaniel M. Gorton scheduled for April 12, 2022. Guerrero was indicted in June 2019.
According to court documents, in the fall of 2018, federal and state law enforcement began investigating a violent Brockton drug crew headed by Djuna Goncalves. The investigation revealed that Goncalves worked with others to distribute large quantities of fentanyl, heroin, cocaine, cocaine base and marijuana throughout southeastern Massachusetts from a base of operations at a family home in Brockton. The neighborhood surrounding the crew’s Brockton base has been the scene of numerous murders, shootings and other crimes of violence for several years.
The investigation identified Guerrero and other members of his Boston-based drug cell as cocaine suppliers to Goncalves’s crew. Guerrero and others distributed cocaine on a daily basis out of a stash house in Dorchester. In May 2019, Guerrero was arrested along with his partner, Luis Alfredo Baez, after agents intercepted a kilogram of cocaine being transported to the stash house.
On June 23, 2021, Baez was sentenced by Judge Gorton to 41 months in prison. Goncalves pleaded guilty on Oct. 7, 2021 and is scheduled to be sentenced on Feb. 9, 2022. Under the terms of Djuna Goncalves’s plea agreement, he will serve a minimum of 15 years in prison and the government will recommend a sentence of 308 months in prison.
In total, 17 individuals were indicted in wide-ranging drug trafficking conspiracy reaching from Boston to Brockton to Lawrence to Cape Cod. Guerrero is the 17th and final defendant to plead guilty in this case.
The charge of conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine provides for a sentence of at least five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Plymouth County District Attorney Timothy J. Cruz; and Brockton Police Chief Emanuel Gomes made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Alathea E. Porter of Mendell’s Narcotics & Money Laundering Unit are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Bethel Man Pleads Guilty to Conspiracy to Distribute OpioidsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on December 6, 2021, James Bannister, 57, of Bethel, Vermont pleaded guilty to conspiracy to distribute and possess with intent to distribute controlled substances, including the opioids Tapentadol and Tramadol, in connection with his involvement in an international drug trafficking operation.
According to court records and proceedings, from in or about 2019 through June 2021, Bannister and others used mailboxes in Vermont to receive shipments of controlled substances and misbranded pharmaceutical drugs sent from outside the United States. Bannister also received international shipments of controlled substances and misbranded drugs at his residence, including pills containing the opioids Tapentadol and Tramadol, as well as Carisoprodol, a muscle relaxant. After receiving the controlled substances, Bannister and others unlawfully redistributed them, typically by U.S. mail, to customers across the United States. In June 2021, law enforcement executed a search warrant at Bannister’s residence and seized 14,449 pills containing Schedule II and IV drugs.
Bannister faces a maximum sentence of up to 20 years of imprisonment, up to lifetime supervised release, and up to a $1,000,000 fine. The Court will determine the sentence with reference to the Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the collaborative investigative efforts of the Food and Drug Administration Office of Criminal Investigation, Homeland Security Investigations, the Drug Enforcement Administration, the United States Postal Inspection Service, and the Rutland City Police Department. “The importation and sale of diverted and counterfeit pharmaceuticals feeds the opiate crisis with pills cloaked in fraudulent legitimacy. The cost of addiction is borne by our communities, while the money pilfered from addicted individuals lines the pockets of foreign criminals. I applaud our investigatory partners for targeting the facilitators who play a vital role in supporting these international criminal organizations.”
“Misbranded and counterfeit prescription drugs that are smuggled from overseas can present a serious health risk to those who buy and use them. The drugs may contain unknown ingredients, may be made under unknown conditions, and may be used without the supervision of a licensed medical professional,” said Special Agent in Charge Jeffrey J. Ebersole, FDA Office of Criminal Investigations New York Field Office. “We will continue to investigate and bring to justice those who traffic in misbranded or counterfeit prescription drugs.”
“Bannister peddled opioids and other dangerous substances, bringing them across borders and into New England and the rest of the United States,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations’ Boston Field Office, which covers all of New England. “Cases like these require strong partnerships and HSI is proud to work with our law enforcement partners to prevent the illicit flow of controlled substances into the country.”
“Responding to the increased prevalence of diverted or counterfeit pharmaceuticals in New England is among DEA’s highest priorities” stated Brian Boyle, DEA New England’s Special Agent in Charge. “This Vermont based international drug smuggling organization shows that every corner of New England is being targeted by drug trafficking organizations for distribution of these deadly substances. DEA and our federal, state and local partners are committed to bringing to justice, those who are fueling our country’s unprecedented opioid epidemic.”
“The U.S. Postal Inspection Service and our law enforcement partners will continue to dedicate the necessary resources to fight drug trafficking in our communities,” said Inspector in Charge Ketty Larco-Ward of the U.S. Postal Inspection Service’s Boston Division. “The Postal Service has no interest in being the unwitting accomplice to anyone using the U.S. Mail to distribute illegal drugs.”
Bannister is represented by Assistant Federal Public Defender David McColgin. The prosecutor is Assistant U.S. Attorney John J. Boscia.
Beaver Falls Man Sentenced to Prison for Lying on Firearms Purchase FormRead the Press Release
PITTSBURGH, PA- A resident of Beaver Falls, Pennsylvania, has been sentenced on a charge of making a false statement to purchase firearms, United States Attorney Cindy K. Chung announced today.
Judge David S. Cercone sentenced Calvin Brady Jr, 25, to 37 months’ imprisonment, three years of supervised release and a $100 special assessment.
The court was previously advised that on December 12, 2020, the defendant purchased four Taurus, model GC3, 9mm caliber pistols from Rural King Holdings LLP, a federal firearm licensee in Monaca, PA. During the purchase, two males accompanied the defendant. Surveillance footage showed the defendant and the two males browse firearms, one of the males select three extended pistol magazines, and the defendant purchase four pistols and the extended magazines.
The following day, the New Jersey State Police arrested the two males who accompanied the defendant during the purchase of the pistols and extended magazines. The arrest occurred following a highspeed chase, during which the two males threw firearms from their vehicle. Following the arrest, New Jersey law enforcement recovered three Taurus pistols from the side of the road. A firearm trace of the recovered pistols revealed that the defendant bought the firearms the day prior from Rural King in Beaver, PA.
Prior to purchasing the pistols, the defendant certified to the federal firearm licensee that he was purchasing the firearms for himself. The investigation revealed that the defendant lied when he made this statement as he was purchasing the firearms for another, which is a violation of federal law.
On December 17, 2020, federal agents arrested the defendant while he was an occupant in a vehicle. During the arrest, law enforcement recovered a firearm in the driver’s possession. An examination of the firearm’s serial number revealed that it was the fourth pistol purchased by the defendant on December 12, 2020.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that lead to the prosecution of Calvin Brady Jr.
Armed Career Criminal Sentenced to 15 Years in Federal Prison for Possession of a FirearmRead the Press Release
Memphis, TN – Nicholas Marshall, 36, has been sentenced to 188 months in federal prison for being a convicted felon in possession of a firearm. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, on October 4, 2020, Memphis Police officers were notified about an unconscious man who had a gun in his lap in a Silver Volvo parked on Spottswood Avenue. Upon arrival, officers observed Nicholas Marshall slumped over the steering wheel with the horn blaring. Officers seized the gun and assisted until he became alert and responsive. Marshall was treated by paramedics on the scene.
The gun was determined to be a Rossi .357 revolver, loaded with five live rounds of ammunition. Further search revealed Marshall had 91 Xanax pills and two bags of cocaine weighing 3.9 grams on his person.
Marshall had multiple felony drug convictions, including 7 prior convictions for possession of cocaine with intent to distribute. As a result of his felony convictions, he is prohibited by federal law from possessing firearms or ammunition. Under the federal sentencing guidelines, Marshall was determined to be an armed career criminal and subject to a mandatory minimum sentence of 180 months.
On December 2, 2021, U.S. District Judge Mark S. Norris sentenced Marshall to 188 months in federal prison to be followed by 3 years of supervised release. There is no parole in the federal system.
This case was investigated by the Memphis Police Department, the Bureau of Alcohol, Tobacco and Firearms Explosives (ATF) and Project Safe Neighborhoods Task Force. The Project Safe Neighborhoods (PSN) initiative is a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Justice Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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6 December 2021
Watertown Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 6, 2021, by U.S. District Judge Karen E. Schreier.
Michael Ray Mitchell, age 43, was sentenced to 48 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mitchell was indicted by a federal grand jury on January 12, 2021. He pled guilty on September 14, 2021.
The conviction stemmed from an incident on December 18, 2020, in Sioux Falls. Law enforcement officers on the Sioux Falls Area Fugitive Task Force encountered Mitchell while searching a home for a fugitive. Officers found Mitchell in the basement pretending to sleep on a couch. A loaded 9 mm handgun was found between the couch cushions and Mitchell was arrested. He had previously been convicted of multiple felonies and was prohibited from possessing any firearms. The gun and all the ammunition were forfeited to the federal government.
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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sioux Falls Area Fugitive Task Force, which included officers from the U.S. Marshals Service and the Minnehaha County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Mitchell was immediately turned over to the custody of the U.S. Marshals Service.
Two Peruvian Nationals Plead Guilty to Defrauding Thousands of Spanish-Speaking U.S. ImmigrantsRead the Press Release
Two Peruvian nationals responsible for operating a series of call centers in Peru that defrauded Spanish-speaking U.S. residents by falsely threatening them with arrest, deportation and other legal consequences pleaded guilty to federal charges in the U.S. District Court for the Southern District of Florida.
Josmell Espinoza Huerta (Josmell Espinoza), 32, and his brother Carlos Alberto Espinoza Huerta (Carlos Espinoza), 40, both from Lima, Peru, pleaded guilty for their roles in conspiring to commit mail fraud and wire fraud through several call centers in Peru that they owned and operated.
According to court documents, Josmell and Carlos Espinoza co-owned and operated the JFC Peru call center in Peru. In addition, Josmell Espinoza owned and operated the Camino Al Progreso and Latin Shop call centers, and Carlos Espinoza separately owned and operated the Latinos en Accion and Latin Force call centers in Peru.
From April 2011 until July 2019, the Espinoza brothers and their co-conspirators in Peru called victims — many of whom were recent immigrants from Central America, Mexico and other Spanish-speaking countries — and fraudulently threatened them with legal consequences if they did not make payments for purportedly delivered products and settlement fees for English-language classes. The defendants and their co-conspirators used false statements and threats to obtain money from victims across the United States by falsely telling the victims that they were required to accept and pay for English-language courses and other educational products and that failure to do so placed them in legal jeopardy. The defendants and their co-conspirators then falsely threatened to have their victims arrested and deported in order to collect payments from many vulnerable victims in southern Florida and across the United States.
In pleading guilty, both defendants admitted that they and their employees falsely claimed to be lawyers, court officials, federal agents and representatives of a so-called “minor crimes court,” which does not exist. The callers falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment and immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees. Carlos Espinoza caused victims to lose over $1.3 million, and Josmell Espinoza caused victims to lose over $700,000.
“The Department of Justice’s Consumer Protection Branch will steadfastly pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “Those who impersonate U.S. government officials and use threats to prey on our immigrant communities will be brought to justice and held accountable in U.S. courts.”
“This case demonstrates that the long arm of justice has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations,” said Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “We will continue to bring American justice to transnational criminals who use fear tactics and intimidation to steal money from immigrants, seniors and others who live in this country.”
“For many years, the U.S. Postal Inspection Service and their law enforcement partners have investigated and prosecuted international criminal rings targeting U.S. consumers to steal their hard-earned money,” said Inspector in Charge Joseph Cronin of the U.S. Postal Inspection Service Miami Division. “We will continue to aggressively pursue these criminals to ensure that they are prosecuted to the fullest extent of the law.”
With Carlos Espinoza’s guilty plea in Miami today, all seven defendants indicted in this matter have now pleaded guilty. Four of the defendants’ co-conspirators were arrested in July 2019, and another was arrested in January 2020. All five of those defendants were extradited to the Southern District of Florida in October 2020, and were sentenced to serve significant prison sentences earlier this year. Henrry Milla was sentenced to 110 months in prison, Jerson Renteria was sentenced to 100 months in prison, and Evelyng Milla, Fernan Huerta and Omar Cuzcano and were each sentenced to serve 90 months in prison.
Carlos Espinoza and Josmell Espinoza evaded arrest at the time of their co-defendants’ arrests and were subsequently located in Peru and extradited to the United States on June 25. U.S. District Judge Robert N. Scola, Jr. will sentence Josmell Espinoza in Miami on Feb. 9, 2022, and will sentence Carlos Espinoza on Feb. 14, 2022.
The U.S. Postal Inspection Service and the Civil Division’s Consumer Protection Branch investigated the case. Senior Trial Attorney Phil Toomajian and Trial Attorney Max Goldman of the Consumer Protection Branch are prosecuting the case. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the State Department’s Diplomatic Security Service and the Peruvian National Police provided critical assistance.
Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice. Additional information about the Consumer Protection Branch and its elder fraud enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311).
Two New Jersey Men Admit Possessing with Intent to Distribute over One Kilogram of FentanylRead the Press Release
NEWARK, N.J. – An Essex County man and a Hudson County man admitted possessing with intent to distribute over a kilogram of fentanyl, Acting U.S. Attorney Rachael A. Honig announced today.
Coco Latre, 32, of Belleville, New Jersey, pleaded guilty today before U.S. District Judge Kevin McNulty to an information charging him with possession with intent to distribute over one kilogram of fentanyl. Bryant Agurto, 33, of Hoboken, New Jersey, pleaded guilty by videoconference before Judge Kevin McNulty on Nov. 10, 2021, to an information that charged him with possession with intent to distribute over one kilogram of fentanyl.
According to documents filed in this case and statements made in court:
On March 5, 2021, Agurto travelled from Hoboken to Latre’s residence in Belleville to retrieve fentanyl that had been packaged by Latre. After Agurto left Latre’s residence, law enforcement officers conducted a motor vehicle stop of Agurto’s car and found the package of fentanyl. Shortly thereafter, law enforcement officers searched Latre’s residence and recovered more fentanyl, seizing a total of 1.6 kilograms of fentanyl from the car and residence.
The offense to which Agurto and Latre pleaded guilty carries a mandatory minimum term of 10 years in prison, a maximum penalty of life in prison, and a fine of $10 million. Sentencing for Latre is scheduled for April 12, 2022. Sentencing for Agurto is scheduled for March 23, 2022.
Acting U.S. Attorney Honig credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Ray A. Mateo of the Opioid Abuse Prevention and Enforcement Unit in Newark.
Tucker County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Gregory L. Coontz, of Parsons, West Virginia, has admitted to a firearms charge, United States Attorney William J. Ihlenfeld, II announced.
Coontz, 21, pleaded guilty today to one count of “Unlawful Possession of a Firearm.” Coontz, a person prohibited from having firearms, admitted to having a .38 Special Caliber revolver in July 2020 in Tucker County.
Coontz faces up to 10 years of incarceration and fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Parsons Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
South Florida Police Officer Charged in Federal Court with Attempting to Sexually Exploit ChildRead the Press Release
Miami, Florida – On Friday, 30-year-old Stuart, Florida resident Juan Antonio Garcia appeared in United States magistrate court in Ft. Pierce to face a federal charge that he attempted to produce pornography of a 15-year-old boy. Garcia is a law enforcement officer with the Sewall’s Point Police Department.
According to the recently unsealed criminal complaint affidavit, law enforcement officers received a report on November 22, that Garcia was sending sexually explicit text messages to a 15-year-old boy. According to the affidavit, in text messages, Garcia asked the minor to accompany Garcia to a nude beach in Saint Lucie County. It is alleged that Garcia instructed the minor via text message to put on a condom (which Garcia provided to the minor), masturbate, and send Garcia a photograph of the condom after the minor ejaculated. It is also alleged that Garcia sent text messages to the minor’s phone instructing him to send Garcia a video of the boy masturbating and asking the boy whether he would consider performing oral sex on Garcia. On November 23, Garcia texted the minor’s phone, asking the minor to meet Garcia at a local park for oral sex, according to the allegations. When Garcia arrived at the park, law enforcement officers apprehended him.
Garcia’s detention hearing is set for December 10, and his arraignment is set for December 17. Both proceedings will take place in federal magistrate court in West Palm Beach, Florida. If convicted, Garcia faces between 15 years and 30 years in federal prison.
Sewall’s Point Police Department has placed Garcia on administrative leave without pay, pending investigation.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office made the announcement.
HSI Miami (Ft. Pierce Office) and Martin County Sheriff’s Office investigated the case. Assistant U.S. Attorney Stacey Bergstrom is prosecuting the case.
Criminal complaints contain mere allegations and defendants are innocent unless and until found guilty in a court of law.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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-mj-00078-SMM.
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Scranton Doctor Pleads Guilty to Unlawfully Prescribing Controlled Substances and Health Care FraudRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Scranton physician, Kurt Moran, age 69, pleaded guilty before U.S. District Court Judge Robert D. Mariani to charges related to the unlawful distribution of controlled substances and engaging in a health care fraud scheme.
According to United States Attorney John C. Gurganus, Moran pleaded guilty to the unlawful distribution of a controlled substance (Subsys), maintaining a drug-involved premises, and health care fraud. For purposes of his guilty plea, Moran further agreed that he knowingly and intentionally distributed oxycodone and fentanyl, Schedule II controlled substances, outside the usual course of professional practice and not for legitimate medical purposes, and that the death of “J.B.” resulted from the use of the substances.
With respect to the health care fraud scheme, between December 2014 and through 2017, Moran conspired with others to receive bribes in exchange for prescribing the drug Subsys (sublingual fentanyl) to his patients. Subsys is a transmucosal immediate release fentanyl (TIRF) drug. It is approved by the Food and Drug Administration (FDA) only for use in cancer patients suffering from breakthrough cancer pain. It is alleged that a company paid Moran approximately $140,000 over a two-year period to prescribe Subsys to his patients for pain not associated with cancer. In order to conceal and disguise that kickbacks and bribes were being paid to Moran to prescribe Subsys, the company falsely designated the payments to Moran as “honoraria” for purportedly providing educational presentations regarding Subsys. Moran prescribed millions of micrograms of the sublingual fentanyl spray to patients with no cancer diagnosis and not suffering from breakthrough cancer pain.
“Today at his guilty plea, Kurt Moran admitted that he ran his Scranton medical practice for the purpose of distributing high dosages of opioids outside the usual course of professional practice and not for legitimate medical purposes,” said United States Attorney John C. Gurganus. “In illegally prescribing these highly addictive and dangerous drugs, he often did so without conducting a meaningful physical examination to verify the claimed illness or condition, and, at times without even seeing the patients -- all while knowing that such illegal practices could result in overdoses, dependence, addiction, and, in at least one case, death. We are committed to work vigorously to combat the opioid epidemic, and a key component of that effort is to prosecute rogue doctors who betray their professional obligations.”
Moran surrendered his DEA registration on September 18, 2020. His license to practice medicine in the Commonwealth of Pennsylvania was suspended on October 7, 2020.
As part the plea agreement entered in the case, the parties agreed to recommend that the Court impose a sentence of 144 months’ incarceration. Moran further agreed to a forfeiture order in the amount of $134,000.
The charges stem from an investigation initiated in 2016 by the Drug Enforcement Administration (DEA) located in Scranton, the United States Postal Service – Office of Inspector General, and the Pennsylvania Attorney General’s Office. Assistant United States Attorneys Michelle Olshefski and Michael Consiglio are prosecuting the case.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the maximum penalty under the federal statute for the unlawful distribution of controlled substances and maintaining drug-involved premises is 20 years’ imprisonment. The charge related to health care fraud carries a maximum sentence of 10 years’ imprisonment. Each charge also carries a fine and a term of supervised release following any period of incarceration. 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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Savannah woman pleads guilty to laundering 'pill mill' moneyRead the Press Release
SAVANNAH, GA: A former Garden City, Ga., clinic owner and CEO has admitted to laundering money in connection with a notorious “pill mill” doctor who illegally dispensed massive amounts of controlled substances.
Jamesetta Whipple-Duncan, 58, of Savannah, pled guilty in U.S. District Court to one count of Money Laundering, said David H. Estes, U.S. Attorney for the Southern District of Georgia. Whipple-Duncan was set to go to trial the week following her plea of guilty.
“Those who fuel the opioid addiction crisis, either through illegally dispensing drugs or providing financial support for their criminal activities, will be identified and held accountable,” said U.S. Attorney Estes. “We will continue to collaborate with our law enforcement partners to shut down those whose activities endanger our communities.”
As described in the plea agreement and other court documents, Whipple, as owner of the now-closed Georgia Laboratory Diagnostics LLC, in Garden City, Ga., was an employer of Dr. Frank Bynes Jr., 69, of Savannah. Bynes was sentenced in February 2020 to 240 months in prison and ordered to pay $615,145 in restitution to Medicare, Medicaid and Tricare after being found guilty by a federal jury on 13 counts of Unlawful Dispensation of Controlled Substances and three counts of Health Care Fraud.
For Whipple-Duncan’s role, she profited as her clinic provided Bynes with a base of operation from which he illegally distributed controlled substances, including highly addictive opioids and drug cocktails favored by addicts.
“The dispensing of addictive prescription pain medication (oftentimes opiate-based) under the guise of a doctor’s care was not about the good of the community or an individual’s specific health needs; it was about greed of a clinic owner and CEO,” said the Special Agent in Charge of the DEA’s Atlanta Field Division Robert J. Murphy. “This owner admitted her wrong-doings and will now have to pay for her unlawful acts. DEA and its law enforcement partners will continue to rid our communities of unlawful clinic owners whose criminal acts fuel the raging opioid epidemic.”
“Whipple-Duncan profited significantly from this clinic. Her greedy actions directly contributed to the opioid addiction crisis in our community and for that she will be punished.” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “This guilty plea sends a strong message that the FBI and our law enforcement partners will actively pursue and prosecute anyone who tries to profit off the illegal distribution of opioids.”
“Jamesetta Whipple-Duncan directly profited from the pain Dr. Frank Bynes caused to the community,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Ms. Whipple-Duncan’s prosecution should serve as an example that those who fraudulently profit at the expense of society’s most vulnerable will not go unpunished.”
“Our military and their families, at times seeking pain relief from an injury, have been substantially impacted from the opioid epidemic in our nation,” stated Special Agent in Charge Cynthia A. Bruce, Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS), Southeast Field Office. “DCIS will continue to work with our investigative counterparts and the Justice Department to prosecute those who seek to profit from the illegal distribution of opiates that drive addiction without regard for the patient.”
The case was investigated by the U.S. Drug Enforcement Administration, the Department of Health and Human Services Office of Inspector General, the FBI, the Defense Criminal Investigative Service, and an investigator with the U.S. Attorney’s Office. Whipple-Duncan is being prosecuted by Assistant U.S. Attorneys Jonathan A. Porter and Patrick J. Schwedler.
Rapid City Man Sentenced to 20 Years in Federal PrisonRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 29, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Justin Johnson, age 40, was sentenced to 20 years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Johnson was indicted by a federal grand jury on August 21, 2018, and pleaded guilty on July 21, 2021. The conviction stems from Johnson conspiring with others to distribute nearly 36 ounces of heroin between May and August 2018 at Rapid City. Johnson’s distribution of heroin included injecting and providing heroin to a 15-year-old during the same time period.
This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team (UNET), which is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Johnson was immediately remanded to the custody of the U.S. Marshals Service.
Public Comments Welcome on Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to F/RAND CommitmentsRead the Press Release
The Department of Justice announced today that it is requesting public comment on a new draft policy statement concerning standards-essential patents (SEPs) that seeks to promote good-faith licensing negotiations and addresses the scope of remedies available to patent owners that have agreed to license their essential technologies on reasonable and non-discriminatory or fair, reasonable, and non-discriminatory (F/RAND) terms. The Justice Department worked with U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) in responding to President Biden’s recent Executive Order on Promoting Competition in the American Economy, which encouraged the agencies to review the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments to ensure that it adequately promoted competition. Together the agencies, after consulting with the Federal Trade Commission, are now issuing a revised draft statement for public comment.
“The department looks forward to working with our agency partners,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “We are committed to taking a principled, transparent, and balanced approach at the intersection of intellectual property and antitrust law.”
The draft statement is open to public comment for 30 days and provides a framework to facilitate good-faith licensing negotiation between SEP owners and potential licensees. It also discusses what remedies may be available when SEPs subject to voluntary F/RAND commitments are infringed. The draft statement indicates that good-faith negotiation that leads to widespread and efficient licensing between SEP holders and those who seek to implement standardized technologies can help to promote technology innovation, further consumer choice, and enable industry competitiveness. The draft statement will not be finalized until the agencies consider all stakeholder input.
In particular, the agencies are interested in comments addressing the following questions:
- Should the 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments be revised?
- Does the draft revised statement appropriately balance the interests of patent holders and implementers in the voluntary consensus standards process, consistent with the prevailing legal framework for assessing infringement remedies?
- Does the draft revised statement address the competition concerns about the potential for extension of market power beyond appropriate patent scope identified in the July 9, 2021 Executive Order on Promoting Competition in the American Economy?
- In your experience, has the possibility of injunctive relief been a significant factor in negotiations over SEPs subject to a voluntary F/RAND commitment? If so, how often have you experienced this?
- Are other challenges typically present in negotiating a SEP license? If so, what information should be provided or exchanged as a practical matter to make negotiation more efficient and transparent?
- Are small business owners and small inventors impacted by perceived licensing inefficiencies involving SEPs? If so, how can licensing be made more efficient and transparent for small businesses and small inventors that either own, or seek to license, SEPs?
- Will the licensing considerations set forth in the draft revised Statement promote a useful framework for good-faith F/RAND licensing negotiations? In what ways could the framework be improved? How can any framework for good-faith negotiations, and this framework in particular, better support the intellectual property rights policies of standards-setting organizations?
- What other impacts, if any, would the draft revised statement have on standards-setting organizations and contributors to the standards development process?
- The draft revised statement discusses fact patterns intended to indicate when a potential licensee is willing or unwilling to take a F/RAND license. Are there other examples of willingness or unwillingness that should be included in the statement?
- Have prior executive branch policy statements on SEPs been used by courts, other authorities, or in licensing negotiations? If so, what effect has the use of those statements had on the licensing process, outcomes, or resolutions?
- Are there resources or information that the U.S. government could provide/develop to help inform businesses about licensing SEPs subject to a voluntary F/RAND commitment?
Interested parties, including attorneys, economists, academics, consumer groups, industry stakeholders or other members of the public may submit public comments to Regulations.gov until Jan. 5, 2022. Information about the draft revised statement can also be found on the Antitrust Division’s website.
Prospect Man Pleads guilty to Enticing Minor to Engage in Sexual ActivityRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that DENNIS ANTHONY SZANTYR, JR., 47, of Prospect, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of enticement of a minor to engage in sexual activity.
According to court documents and statements made in court, on multiple occasions between November 2018 and October 2019, Szantyr used smart phones, tablets and other computer devices, and an interactive computer service, to entice a minor victim under the age of 16 to engage in sexual acts. At times, including during the commission of the sexual acts between Szantyr and the minor victim, the victim was in the custody, care or supervision of Szantyr. Szantyr also took images and recorded video of his sexual contact with the victim.
Szantyr is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on March 2, 2022, at which time he faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
Szantyr has been detained since his arrest on related state charges on October 31, 2019.
This matter is being investigated by the Federal Bureau of Investigation and Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Konstantin Lantsman.
Acting U.S. Attorney Boyle thanked the Waterbury State’s Attorney’s Office for its cooperation in the investigation and prosecution of this case.
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.
Pittsburgh man sentenced for drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Raimonte Gordon Gaston, of Pittsburgh, Pennsylvania, was sentenced today to 15 months of incarceration for a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Gaston, also known as “Boog,” “Barkley Boo,” “Barkley,” and “Ray,” 28, pleaded guilty in June 2021 to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Heroin and Fentanyl.” Gaston admitted to working with another to distribute heroin and fentanyl from September 2018 to January 2019 in Harrison County and elsewhere.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative, and the Bridgeport Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Pittsburgh Man Sentenced for Violating Federal Firearms LawRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 18 months of time served and three years of supervised release (the first 180 days in home detention) on his conviction of violating federal firearms law, United States Attorney Cindy K. Chung announced today.
Judge Donetta W. Ambrose imposed the sentence on Matthew Michanowicz, 53, formerly of Pittsburgh, PA 15211.
According to information presented to the court, on May 31, 2020, Michanowicz knowingly and unlawfully possessed firearms, that is, three destructive devices, which were not registered to him in the National Firearms Registration and Transfer Record. Specifically, Michanowicz admitted that, on or about May 31, 2020, he placed three, unregistered homemade destructive devices in a camouflage backpack at 2 PNC Plaza in downtown Pittsburgh.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
United States Attorney Cindy K. Chung commended the Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, the Pittsburgh Bureau of Police, and the Allegheny County Sheriff’s Office for the investigation leading to the successful prosecution of Michanowicz.
Pipeline Company Sentenced for Largest-Ever Inland Oil SpillRead the Press Release
The pipeline company responsible for the discharge of 29 million gallons of oil-contaminated “produced water” – a waste product of hydraulic fracturing – was sentenced to pay a $15 million criminal fine and serve a three year period of probation today by U.S. District Court Judge Daniel M. Traynor in Williston, North Dakota.
Summit Midstream Partners LLC pleaded guilty to criminal charges that it violated the Clean Water Act, as amended by the Oil Pollution Act of 1990, by negligently causing the discharge into U.S. waters in 2014, and deliberately failing to immediately report the spill to federal authorities as required. More than 700,000 barrels were discharged thereby contaminating Blacktail Creek and nearby land and groundwater. By law, the federal fines in this case will go to the Oil Spill Liability Trust Fund used to respond and clean up future oil spills.
“Summit is being held criminally accountable for its crimes of negligently discharging more than 29 million gallons over more than 4 months and then knowingly failing to report the discharge,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Summit gave misleading and incomplete statements to the government about the duration and size of the spill. Through the civil and criminal cases, Summit is being held responsible for its misconduct and must implement more rigorous environmental management to prevent and detect future spills as a condition of probation.”
“The defendant in this case failed to take adequate measures to detect a spill of oil-contaminated water from their pipeline and provided incomplete and misleading information to government officials on the duration and volume of the spill,” said Acting Assistant Administrator Larry Starfield of the EPA’s Office of the Enforcement and Compliance Assurance. “Investigations revealed that the spill occurred over 143 days and released more than 29 million gallons of contaminated waters into the environment, including tributaries of the Missouri River. This case sends a clear message that EPA and our law enforcement partners will hold responsible companies that fail to take appropriate steps to detect and prevent spills.”
A detailed statement of facts has been filed in court and is publicly available here. According to the factual admission agreed to by the company, “Summit’s negligence included the design, construction and operation of the Marmon Water Gathering System pipeline, as well as the negligent failure to find and stop the spill after learning of objective signs of a leak.” Summit started pipeline operations without meters at both ends of the pipeline to conduct “line balancing” or otherwise having a reliable leak detection system in place. “Even after the company learned of major drops in pressure and volume – objective signs of a leak – the company negligently continued operations and thus caused millions of additional gallons to be discharged into U.S. waters without learning the cause or pausing operations,” according to the joint factual statement.
The criminal fine is in addition to a $20 million civil penalty imposed on Summit Midstream Partners LLC and a related company, Meadowlark Midstream Company LLC, to resolve civil violations of the Clean Water Act and North Dakota water pollution control laws. On Sept. 28, the civil consent decree was approved by the U.S. District Court for the District of North Dakota.
The criminal investigation was conducted by EPA’s Criminal Investigation Division. EPA’s Office of Enforcement and Compliance Assurance, EPA Region 8, the North Dakota Department of Environmental Quality, the North Dakota Industrial Commission, the U.S. Fish and Wildlife Service, the U.S. Department of Interior and the North Dakota Department of Game and Fish provided assistance to the criminal investigation.
The criminal case was prosecuted by Senior Litigation Counsel Richard A. Udell, Senior Trial Attorney Christopher J. Costantini, Trial Attorneys Stephen J. Foster and Erica H. Pencak of the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resource Division and Assistant U.S. Attorney Gary Delorme.
Pasco County Man Sentenced to More Than 17 Years for Possessing Images Depicting the Sexual Abuse of ChildrenRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Charles Poole (49, Hudson) to 17 years and 6 months in federal prison for possessing images depicting the sexual abuse of children. Poole was also ordered to serve a lifetime term of supervised release and to register as a sex offender.
Poole had been found guilty by a federal jury on July 9, 2021.
According to court documents, after an electronic service provider reported to the National Center of Missing and Exploited Children the upload and receipt of images depicting the sexual abuse of children by an account linked to Poole, the U.S. Department of Homeland Security Investigations began an investigation. Agents executed a search warrant at Poole’s residence and seized electronic devices that contained images of child sexual abuse material, including young children and toddlers. A forensic examination of Poole’s cellphones revealed evidence of his desire to engage in incest. The investigation revealed that Poole groomed a 12-year-old child over an extended time and eventually sexually abused this child in tandem with this child’s mother. Poole also possessed photos that depicted his sexual assault of this child.
“A serial child predator will now be behind bars, making our communities safer for our most vulnerable,” said HSI Tampa acting Assistant Special Agent in Charge Jennifer Silliman. “This sentencing is the result of the strong law enforcement partnership between HSI and the Pasco Sheriff’s Office.”
This case was investigated by Homeland Security Investigations and the Pasco Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Ilyssa Spergel and Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Omaha Man Sentenced to 150 Months for Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Jan Sharp announced that Damien Primus, age 27, of Omaha, Nebraska, was sentenced in federal court in Omaha on December 3, 2021, for possession with intent to distribute fentanyl and for possessing a short-barreled shotgun in furtherance of his drug trafficking. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Primus to 150 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Primus will begin a 5-year term of supervised release.
On November 24, 2020, officers executed a search warrant at Primus’s residence in Omaha. Primus was at the residence. Officers located 135 fentanyl pills, 3.2 grams of methamphetamine, $1,080, a short-barreled shotgun, and a stolen rifle. Primus intended to distribute the fentanyl. Just eight days prior to the search warrant, Primus was convicted in a different matter in Cass County, Nebraska District Court to attempted possession of a firearm by a prohibited person.
On April 12, 2021, Primus was sentenced in state court to 2-5 years of imprisonment for his attempted firearm conviction. The 150-month federal sentence will run consecutively to his state sentence.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.