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1 December 2021
Colorado Nurse Sentenced to Federal Prison for Taking Controlled Substances from PatientsRead the Press Release
DENVER – Alicia Nickel-Tangeman, age 44, formerly of Woodland Park, Colorado, was sentenced to 12 months in federal prison for obtaining controlled substances using fraud and deception while she was on the job as a Registered Nurse at a hospital in Colorado. Following her term of incarceration, Nickel-Tangeman will serve one year of supervised release.
According to court documents, Ms. Nickel-Tangeman used her position as Registered Nurse to access the rooms of patients she was not assigned to care for in a separate unit of a Colorado hospital. The defendant falsely and fraudulently told patients that she was conducting a “study” on the effectiveness of Patient-Controlled Analgesia (PCA) pumps, which deliver controlled substances to hospital patients to relieve pain on-demand when the patient pushes a button. The defendant then used a key to open the machine that secured the syringe of hydromorphone that was to be dispensed to the patient. The defendant removed a portion of the drug from the syringe, which she kept, then returned the syringe to the patient’s PCA. The defendant illegally obtained controlled substances in this way from three patients on four occasions. When confronted by law enforcement regarding her actions, the defendant lied about the diversions and persisted in her false story that she was engaged in a study with a well-known university. The defendant engaged in obstructionist conduct by producing to law enforcement a false e-mail that she stated came from a friend who asked her to participate in the research. The defendant created the false e-mail herself using a fictitious e-mail account she created in the name of this alleged friend.
“Medical professionals who criminally abuse their positions of trust will be held accountable,” said United States Attorney Cole Finegan. “Our office’s priority is to protect the public and the health care system our citizens rely upon for their medical care.”
“The FDA oversees the U.S. drug supply to ensure that it is safe and effective, and those health care professionals who fraudulently obtain needed medicines from patients put those patients’ health at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “Today’s announcement should serve as a reminder that such conduct will not be tolerated.”
"The results of this investigation and corresponding sentence of Ms. Nickel-Tangeman reveal once more the seriousness of the overdose epidemic and opioid crisis facing our nation when even a nurse is susceptible to the temptation these drugs provide," said DEA Denver Acting Special Agent in Charge David Olesky.
U.S. District Court Judge Christine M. Arguello issued the sentence on November 30, 2021.
The investigation in this case was conducted by the Food and Drug Administration, Office of Criminal Investigations, and the Drug Enforcement Administration.
Assistant United States Attorney Anna Edgar prosecuted this matter.
Case No. 21-cr-00214-CMA
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Cole Finegan Sworn in as United States AttorneyRead the Press Release
DENVER – Cole Finegan was sworn in as the United States Attorney for the District of Colorado. In a private ceremony early Wednesday morning, Mr. Finegan took the oath of office before United States District Court Judge Christine M. Arguello.
“I am honored to serve the people of Colorado as United States Attorney,” said U.S. Attorney Finegan. “I am excited to work with the talented and dedicated staff of this office, as well as our colleagues in law enforcement and the defense bar.”
As United States Attorney, Mr. Finegan is the chief federal law enforcement officer in the State of Colorado. He oversees all federal criminal prosecutions, as well as all civil litigation undertaken on behalf of the United States Government. He leads an office of more than 160 attorneys and professional staff members, in addition to approximately 20 government contractors. The U.S. Attorney’s Office is headquartered in Denver, with branch offices in Grand Junction and Durango.
U.S. Attorney Finegan was nominated by President Biden on September 28, 2021, and confirmed by the United States Senate on November 19, 2021. He rejoins public service from private practice at a global law firm, where he served as the Regional Managing Partner for the Americas, as well as the Denver Managing Partner. Previously, U.S. Attorney Finegan was the Chief of Staff for the Denver Mayor as well as the Denver City Attorney, positions he held simultaneously. He has also served as Chief Legal Counsel in the Office of the Governor for the State of Colorado.
During his career, he has served on numerous charitable boards, including the Colorado ‘I Have A Dream’ Foundation, Children’s Hospital Colorado, and the Denver Public Schools Foundation. He also helped create Denver’s first Family Justice Center dedicated to fighting against domestic violence.
A formal investiture ceremony will be scheduled at a future date.
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Cleveland Man Found Guilty of Robbery and Evidence TamperingRead the Press Release
U.S. Attorney Bridget M. Brennan announced that a federal jury today returned guilty verdicts against Defendant Tandre Buchanan, Jr., 24, of Cleveland, following a three-day trial before Judge Donald C. Nugent in Cleveland. Buchanan was found guilty of interference with commerce by means of robbery and tampering with evidence.
According to court documents and evidence presented at trial, on May 30, 2020, Buchanan, wearing a bright orange jacket, head covering and shoes, threw an object that shattered a large window at Colossal Cupcakes on Euclid Avenue in downtown Cleveland. Buchanan then entered the business through the broken window and encountered the store owner and employees, who locked themselves in a bathroom to call for help.
Buchannan removed a chair from the shop and exited through the same window. Using the chair, Buchanan repeatedly smashed a second window until it finally shattered and fell out. Court documents state that multiple individuals then entered the business through the broken window, destroyed the shop’s interior and stole several items, including store inventory and iPads, all while Buchanan was smashing the second window.
According to court records, text messages regarding the incident were later recovered from Buchanan’s phone. An individual sent a text to Buchanan’s asking, “what the hell they do with all the cupcakes?” Buchanan replied, “man I was giving them out.”
The jury also found Buchanan guilty of evidence tampering after evidence showed Buchanan disposed of the bright orange clothing he wore in an attempt to conceal his identity and participation in the incident. Buchanan was ultimately identified and arrested based on multiple identifications made from photos released to the public.
Buchanan is scheduled to be sentenced on March 23, 2022. A federal district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the Cleveland FBI with the help of the Cleveland Police Department. This case is being prosecuted by Assistant United States Attorney Scott C. Zarzycki.
Clark Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Clark, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on November 29, 2021, by U.S. District Judge Charles B. Kornmann.
The Defendant, Anthony Dialo Holmes, age 37, was sentenced to 120 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Anthony Holmes was indicted by a federal grand jury on August 17, 2020. He pled guilty on August 31, 2021.
The conviction stemmed from incidents between on or about September 1, 2019, and May 22, 2020, when Anthony Holmes knowingly received and distributed child pornography. He used his Kik Messenger social media account to send and receive files depicting the minors engaged in sexually explicit conduct.
This case was investigated by the South Dakota Division of Criminal Investigation and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Anthony Holmes was immediately turned over to the custody of the U.S. Marshals Service.
Cedar Rapids Man to Spend More than Seven Years in Federal Prison for COVID-19 Fraud and Illegally Possessing a GunRead the Press Release
A man who received COVID-19 relief funds that he was not entitled to and unlawfully possessed firearms was sentenced November 29, 2021, to more than seven years in federal prison.
Dannish Dontreal Robertson, age 22, from Cedar Rapids, Iowa, received the prison term after a May 21, 2021 guilty plea to one count of wire fraud and one count of possession of a firearm by an unlawful user of a controlled substance.
Information from a plea agreement and sentencing showed that, in June 2020, fraudulent applications in Robertson’s name were submitted for loans intended to aid small businesses struggling with the economic effects of the
COVID-19 pandemic. Robertson received more than $30,000 in loan funds because of the false applications. Robertson then sent some of the money to other participants in the scheme and spent some of it himself at high-end retailers.
Robertson is a convicted felon and an unlawful drug user. He admitted to unlawfully possessing five firearms between 2018 and 2020. This included possessing a firearm during an incident on July 28, 2018, in which Robertson ran from a Cedar Rapids police officer while clutching a gun in his waistband. Robertson discarded the gun behind a house. The loaded gun was not found until August 11, 2018, when a resident found it and reported it to the police.
Robertson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Robertson was sentenced to 87 months’ imprisonment. He was ordered to make $20,607 in restitution to a Small Business Administration lending institution and $10,000 to the Small Business Administration. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
This prosecution is an example of the Department of Justice’s strong commitment to combating fraud and criminal activity related to COVID-19. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case was also brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Robertson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation and the Small Business Administration - Office of Inspector General, as well as the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 21-CR-008, 21-CR-009.
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Cedar Rapids Man Who Robbed Victim at Gunpoint Sentenced to More than Eight Years in PrisonRead the Press Release
A man who committed a robbery and operated his car while intoxicated with a firearm in his possession was sentenced on November 29, 2021, to more than eight years in federal prison.
Rickey Bernard Wright, age 35, from Cedar Rapids, Iowa, received the prison term after a June 2, 2021 guilty plea to one count of possession of a firearm by a felon.
Information at sentencing showed that on November 17, 2019, Cedar Rapids police officers responded to a 911 call reporting that Wright had robbed a victim at gunpoint behind a liquor store in Cedar Rapids. The victim described Wright’s car, his clothing, and the firearm Wright used. The victim had to drive his car into the back of the liquor store to get away. Approximately a half hour later, police officers responded to a second 911 call reporting a car doing donuts on the grounds of a registered historical site. After arriving at the site, officers discovered that Wright had crashed his car through a fence. Wright was intoxicated and could not walk straight. Officers found the firearm that the victim of the robbery had described on the driver’s side floorboard in the car.
Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Wright was sentenced to 104 months and 28 days’ imprisonment. He was ordered to make $200 in restitution to the victim of the robbery. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Wright is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-044.
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Cedar Rapids Felon Sentenced to Nearly Five Years in Prison After Shooting at a VehicleRead the Press Release
A Cedar Rapids, Iowa, convicted felon who shot a firearm at a vehicle was sentenced November 30, 2021, to nearly five years in federal prison.
Nicholas Campbell-Scott, age 24, from Cedar Rapids, Iowa, received the prison sentence after a May 13, 2021 guilty plea to possession of a firearm by a felon.
Evidence at the plea and sentencing hearings showed that, in December 2020, Campbell-Scott fired several shots at a vehicle. While there were people nearby, no one was injured but the vehicle was damaged. Officers found Campbell-Scott a few blocks away from the shooting. He was travelling as a passenger in a vehicle. Officers found the gun used in the shooting underneath of his seat. Campbell-Scott has at least four prior felony convictions, some of which involved violence.
Campbell-Scott was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Campbell-Scott was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ashley Corkery. This case was brought as part of Project Safe Neighborhoods (PSN) through a cooperative effort of the Waterloo Police Department, FBI Safe Streets Task Force, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime.
Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2017.
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California Parents Agree to Plead Guilty in College Admissions CaseRead the Press Release
BOSTON – Two Silicon Valley parents have agreed to plead guilty in connection with their involvement in the college admissions case.
Gregory Colburn, M.D., 64, and Amy Colburn, 52, of Palo Alto, Calif., have agreed to plead guilty to one count of conspiracy to commit mail and wire fraud and honest services mail and wire fraud. Plea hearings for the defendants have not yet been scheduled by the Court. The Colburns were previously scheduled for trial on Jan. 13, 2022.
The Colburns will plead guilty 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 will be the 36th and 37th parents in the college admissions case to either plead guilty or be convicted by a jury following trial, respectively.
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.
California Man Pleads Guilty to Wire FraudRead the Press Release
CONCORD - Jesse Hernandez, 58, of Los Angeles, California pleaded guilty on Tuesday in federal court to wire fraud, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in May of 2019, a Portsmouth- based marketing company (TH) was retained by a client for a marketing campaign to help introduce a new ice cream product in the San Francisco, California area. The events would include a specialty-branded truck that was wrapped in the product’s marketing art and contained multiple specifications for ease of service and proper storage of the ice cream. TH vetted three companies for the job of creating the truck. Hernandez represented a company called Mobie Experiential Trucks (Mobie). Hernandez appeared to be capable and less expensive than the next vendor. He provided a slide presentation to TH personnel and talked through it over the telephone. The images in the presentation were later determined to display products done by other companies and pictures taken from the internet by Hernandez to misrepresent his experience and work.
TH selected Hernandez and Mobie as the company to perform the work in mid-June of 2019 with a delivery date of July 9, 2019. Hernandez demanded full payment prior to delivery of the truck. TH sent a check in the amount of $36,941 on July 3, 2019. On July 8, 2019, TH personnel traveled to California to retrieve the truck. The defendant never delivered any truck and was unresponsive to inquiries from TH.
After federal investigators became involved in the case in the fall of 2019, they interviewed Hernandez. Hernandez stated that he received the check from TH, deposited the funds, and used them for purposes unrelated to the TH truck. He acknowledged that he was not going to deliver the truck.
Hernandez is scheduled to be sentenced on March 8, 2022. As part of his plea agreement, Hernandez agreed to pay restitution to TH in the amount of $46,615.29.
“Fraudsters can use a host of different methods to steal from their victims and we all must remain vigilant to protect ourselves from scammers,” said Acting U.S. Attorney Farley. “This defendant’s fraud scheme used lies and misrepresentations to defraud a New Hampshire company out of thousands of dollars. Thanks to the hard work of the FBI, this schemer has been held responsible for his criminal conduct.”
“Jesse Hernandez defrauded a Portsmouth, NH marketing company out of tens of thousands of dollars by failing to deliver on his promises, while also misrepresenting his experience and work. Today, his lies finally caught up with him and he accepted responsibility for this fraudulent scheme,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Despite these challenging times we are all navigating, scammers are still doing everything they can to defraud people of their hard-earned money and we want everyone to know that the FBI is doing everything we can to make sure they don’t succeed.”
This matter was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Charles Rombeau.
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Cheyenne Felon Arrested on Federal Firearm ChargesRead the Press Release
United States Attorney Bob Murray announced today that ANTHONY PIERCE UNOCIC, age 52, of Cheyenne, Wyoming was arrested on a complaint and later indicted for being a felon in possession of firearms and ammunition and for possession of a firearm not registered in the National Firearms Registration and Transfer Record.
Unocic appeared before Federal District Court Chief Magistrate Judge Kelly H. Rankin on November 22, 2021, for an arraignment hearing and pleaded not guilty. Unocic was remanded to the custody of the United States Marshals Service, and a jury trial has been set for January 24, 2022, before Federal District Court Chief Judge Alan B. Johnson. These crimes carry a term of up to 40 years imprisonment, up to six years of supervised release, and up to $1 million in fines and $200 in special assessments.
This crime was investigated by the Bureau of Alcohol, Tobacco and Firearms, Homeland Security Investigations, and the United States Postal Inspection Service. The case is being prosecuted by Assistant United States Michael J. Elmore.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Case Number: 0:21-mj-00065-ABJ
Brooklyn Man Sentenced to 43 Years’ Imprisonment for Armed Robberies of Convenience Stores in QueensRead the Press Release
Earlier today, in federal court in Brooklyn, Elgin Brack was sentenced by United States District Judge Eric N. Vitaliano to 43 years’ imprisonment for his role in the armed robberies of four convenience stores in Queens. Elgin Brack was convicted following a two-week trial in March 2020 of three counts of robbery, one count of attempted robbery, one count of conspiracy to commit robbery, one count of discharging a firearm during a crime of violence and three counts of brandishing a firearm during a crime of violence. As part of his sentence, the Court also ordered Elgin Brack to pay $1,264,536.86 in restitution. Elgin Brack’s co-defendant, Scott Brack, pleaded guilty in November 2019 for his participation in the robbery conspiracy and is awaiting sentencing.
Breon Peace, United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Division (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the sentence.
“With today’s sentence, the defendant is deservedly punished for brutally shooting an innocent employee in the head and hand, and for committing violent armed robberies of convenience stores that jeopardized the safety of innocent people,” stated United States Attorney Peace. “This Office will continue to vigorously prosecute defendants like Brack who engage in gun violence that threatens the safety of the community and endangers customers and hardworking store employees.”
“Our NYPD officers work tirelessly to prevent and fight the kind of violent crime that threatens the fabric of life for everyone in our city. This sentence today strengthens our commitment to the public and highlights the joint work of our NYPD officers, law enforcement partners and prosecutors from the United States Attorney’s Office in the Eastern District of New York in achieving a measure of justice in this case,” stated NYPD Commissioner Shea.
During the early morning hours of November 26, 2018, Elgin Brack robbed at gunpoint a Duane Reade store, a 7-Eleven, and two Rite-Aid stores. During each robbery, Elgin Brack pretended to make a purchase. When the store employee opened the cash register drawer to complete the sale, the defendant brandished a .357 Magnum revolver, pointed it at the cashier and demanded money. During the first robbery, the defendant shot the Duane Reade store clerk in the hand and the head and then fled emptyhanded. The victim survived the shooting. After each robbery, Elgin Brack was picked up by a getaway car driven by his uncle and co-defendant Scott Brack.
This case was brought as 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. As part of the program, U.S. Attorneys’ Offices work in partnership with federal, state, local and tribal law enforcement and their local communities to develop effective, locally based strategies to reduce violent crime.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Jonathan Siegel and Jonathan P. Lax are in charge of the prosecution. Assistant United States Attorney Tanisha R. Payne of the Office’s Asset Recovery Section is handling the forfeiture matters.
The Defendant:
ELGIN BRACK
Age: 24
Brooklyn, New YorkCo-Defendant Who Previously Pleaded Guilty:
SCOTT BRACK
Age: 51
Bronx, New YorkE.D.N.Y. Docket No. 18-CR-684 (ENV)
Box Elder man admits assault with intent to commit murder in shooting on the Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS – A Box Elder man admitted allegations today that he tried to murder another man by shooting him on the Rocky Boy’s Indian Reservation in 2019, U.S. Attorney Leif M. Johnson said.
Dakota Houle, 25, pleaded guilty to assault with intent to commit murder, assault with a dangerous weapon, assault resulting in serious bodily injury and use of a firearm during a crime of violence. Houle maintained his not guilty plea to a charge of kidnapping and is pending trial on that crime. Houle faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the crime of assault with intent to commit murder and a mandatory 10 years to life in prison, consecutive to any other term of imprisonment, a $250,000 fine and five years of supervised release on the firearms crime.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for April 6, 2022. Houle was detained pending further proceedings.
The government alleged in court documents that on March 17, 2019 in Box Elder, located on the Rocky Boy’s Indian Reservation, Houle, another male, identified as Male 1, and two females were at a residence. A Facebook messenger account was used lure John Doe to the residence. Shortly after Doe arrived, Houle and Male 1 attacked and beat Doe, robbed him and threatened to kill him. Male 1 told Doe that they were going to take him “for a ride in the mountains.” Everyone present, including Doe, understood that meant they were going to take Doe to the mountains to kill him.
Doe was forced at gun point into the front-passenger seat of his own car, while Houle sat in the rear passenger-side seat with a shotgun behind Doe. The two females were passengers. Male 1 drove the car toward the mountains as Doe pleaded for his life. Doe reached over and jerked the steering wheel, causing the car to go into a ditch. Doe jumped out and attempted to escape. Male 1 shouted at Houle that Doe was “getting away” and to “shoot” him. Houle got out of the car and shot Doe, intending to kill him. Houle, Male 1 and the two females fled the scene on foot. Doe suffered serious life-threatening injuries and has permanent damage as a result of the shooting.
Assistant U.S. Attorneys Jared C. Cobell and Lori Harper Suek are prosecuting the case, which was investigated by Chippewa Cree Law Enforcement Services and the FBI.
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Bloods Gang Member Sentenced to Life in Prison for Murders in Newport NewsRead the Press Release
NEWPORT NEWS, Va. – A New York man was sentenced today two consecutive terms of life in prison for the murders of two men in Newport News in June and July 2014.
According to court documents, Mark Anthony Skeete, a.k.a. Mark Brown, 33, was a member of the Nine Trey Gangsters, an offshoot of the California-based “Bloods” street gang. In June 2014, Skeete came to Virginia to facilitate and profit from the prostitution of adult women in the Richmond area. On June 28, 2014, Skeete and others traveled to Newport News to facilitate and profit from the prostitution of a woman from New York. When a client of the woman was unable to pay, Skeete shot and killed him to maintain his position as part of the Nine Trey enterprise.
After the June 2014 murder, Skeete and others fled to North Carolina. Skeete and others then returned to Newport News and killed another man on July 16, 2014 during a drug transaction. Skeete also robbed the victim of money, drugs, and a cell phone. Shortly thereafter, Skeete returned to Richmond. On September 17, 2014, Skeete, a previously convicted felon, possessed a firearm in Richmond that was later forensically linked to the Newport News murders. Cartridge casings recovered from the June and July 2014 murder scenes revealed that the same Ruger .45 caliber firearm recovered on September 17, 2014 in Richmond was the weapon used in both of those murders.
Following the two murders in this case, Skeete shot and killed two other individuals in Richmond in September 2014. He was sentenced in state court to 75 years in prison for those murders.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge David J. Novak.
This investigation was conducted by the FBI’s Peninsula Safe Streets Task Force, a partnership that includes the FBI, Virginia State Police, Hampton Police Division, James City County Police Department, and Newport News Police Department. This task force investigates the most violent criminal enterprises operating on the Virginia Peninsula. Tips regarding gang activity and other violent crimes in the region can be reported to the FBI at 1-800-CALL-FBI or https://tips.fbi.gov/.
Assistant U.S. Attorneys Lisa McKeel and Brian Samuels and former Managing Assistant U.S. Attorney Howard J. Zlotnick prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-62.
Batavia Man Previously Convicted of Possessing Child Pornography Is Going Back to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Matthew Barber, 53, of Batavia, NY, who was convicted of possession of child pornography and violating supervised release, was sentenced to serve 147 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorneys Aaron J. Mango and Michael DiGiacomo, who handled the case, stated that in April 2007, Barber was convicted on a federal charge of possessing child pornography and sentenced to serve 74 months in prison and five years’ supervised release. Barber’s supervised release was revoked on July 5, 2017, after he was unsuccessfully discharged from sex offender treatment. As a result of this violation, Barber was sentenced to six months in prison and five years of supervised release.
On May 20, 2020, Barber was found in possession of and using a cell phone and a USB device to view child pornography. A forensic examination of the cell phone and USB device recovered over 1,000 images and 200 videos of child pornography on the two devices. Barber was subsequently charged and convicted of possession of child pornography.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Cheektowaga Police Department, under the direction of Chief Brian Gould; the Batavia Police Department, under the direction of Chief Shawn Heubusch; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
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Barge Company Will Pay over $15 Million for Injuries to Natural Resources Resulting from Oil Spill in Houston Ship ChannelRead the Press Release
Houston, Texas-based Kirby Inland Marine LP has agreed to pay $15.3 million in damages and assessment costs under the Oil Pollution Act to resolve federal and state claims for injuries to natural resources resulting from an oil spill from a Kirby barge, after a collision Kirby caused.
The United States and Texas concurrently filed a civil complaint along with a proposed consent decree. The complaint seeks money damages and costs under the Oil Pollution Act for injuries to natural resources resulting from Kirby’s March 2014 discharge of approximately 4,000 barrels (168,000 gallons) of oil from one of its barges into the Houston Ship Channel at the Texas City “Y” crossing. The complaint alleges that the spill resulted from a collision that occurred while a Kirby towboat, the Miss Susan, attempted to push two 300-foot-long oil barges across the Houston Ship Channel in front of the oncoming M/V Summer Wind, a 585-foot-long deep-draft bulk cargo ship that was already underway in the Channel.
The oil flowed from the Houston Ship Channel into Galveston Bay and the Gulf of Mexico, polluting waters and washing onshore from the collision site down to Padre Island National Seashore near Corpus Christi. The oil spill caused significant impacts and injuries to the Texas coastline including the wildlife refuge on Matagorda Island, and to aquatic and terrestrial habitats, as well as to dolphins and migratory birds. The oil spill also forced the closure of the Houston Ship Channel and disrupted recreational uses of the Texas coastline, resulting in lost recreational opportunities from Galveston-area beaches to beaches as far south as Padre Island National Seashore. Kirby, the Coast Guard, and the State were involved in extensive response and cleanup efforts, and Kirby has cooperated in the assessment of injuries to natural resources.
“All oil transporters must take care to operate safely and prevent spills into our nation’s waters,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “This case illustrates that the stakes are high, the harms are serious, and the United States and its state partners will diligently pursue and secure compensation for injuries to natural resources resulting from oil spills.”
“We are pleased to join our co-trustees to restore vital habitats, dolphins, birds and recreational areas injured by this oil spill,” said Director Nicole LeBoeuf of National Oceanic and Atmospheric Administration (NOAA)’s National Ocean Service. “Local communities and economies depend on resilient coastal ecosystems, and we look forward to working with the public on projects to restore them.”
“The Texas City Y oil spill impacted shoreline and marsh habitat on Matagorda Island, which is part of the Aransas National Wildlife Refuge,” said Amy Lueders, the Service’s Southwest Regional Director. “This settlement will provide for restoration of these injured resources as well as helping to recover shorebirds and other birds and their habitats impacted by the oil and cleanup activities.”
Under the proposed consent decree, Kirby will pay $15.3 million as natural resource damages for the spill, which the federal and State trustees will jointly use to plan, design and perform projects to restore or ameliorate the impacts to dolphins and other aquatic life, birds, beaches, marshes, and recreational uses along the Texas coast. Kirby also has been paying the federal and State trustees for their assessment work and will reimburse the last remaining unpaid costs, as required under the Oil Pollution Act.
Today’s action was filed by the Department of Justice and the Office of the Texas Attorney General on behalf of the federal and State trustees for natural resources. The designated federal trustees for the natural resources impacted by Kirby’s oil spill are the U.S. Department of Commerce through the NOAA and the U.S. Department of the Interior through the U.S. Fish and Wildlife Service and the National Park Service. The designated State trustees are the Texas General Land Office, the Texas Commission on Environmental Quality, and the Texas Parks and Wildlife Department. The federal and State trustees have worked together to perform their injury assessment work and are engaged in joint restoration planning efforts.
In a related Clean Water Act enforcement action in 2016, the United States on behalf of the Coast Guard secured a settlement with Kirby for $4.9 million in civil penalties and injunctive relief measures to improve the company’s operations to help prevent future spills.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Baltimore Man Sentenced to Federal Prison for Conspiring to Sell Stolen Goods and Tax FraudRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced James Bender, age 36, of Baltimore, Maryland to one year and one day in federal prison, six months of home detention, and three years of supervised release, for federal conspiracy and tax fraud charges.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore.
According to his guilty plea, from 2014 through August 2019, Bender controlled three eBay accounts, in the names of HiddenGemFurniture (HGF), EddiesAffordableGear (EAG), and AffordableGoodies4You (AG). EAG and AG offered sports-related merchandise for sale, including jerseys and shirts. Bender also used, operated, and controlled related PayPal accounts.
Bender admitted that beginning in 2014 he agreed to allow a good friend and co-defendant, Saurabh Chawla, and a relative of Chawla’s, SC2, to sell goods and merchandise through Bender’s eBay accounts. Chawla’s eBay account had previously been suspended due to security concerns. From May 2014 through August 2019, Bender and Chawla conspired so Chawla could use Bender’s eBay and PayPal accounts to sell stolen goods and merchandise.
As detailed in the plea agreement, in furtherance of the fraud scheme, Bender and Chawla repeatedly deceived online platforms such as Amazon, eBay, as well as the manufacturers and distributors, as to the source of the goods and merchandise being sold by Bender and Chawla. More than $3 million of these goods and merchandise had been stolen, including more than $125,000 of iPods that had been stolen from a New Mexico school district and intended for underprivileged children. In 2018, Chawla and Bender sold more than $550,000 of goods and merchandise that had been stolen from a Delaware FedEx facility. As part of his participation in the fraud scheme, Bender received more than $10,000 per year from the eBay sales of stolen goods and merchandise.
Bender further admitted that he filed false tax returns for the tax years 2014 through 2018, which falsely inflated the gross receipts and cost of goods sold of Bender's businesses. In each of these years, Bender reported as his gross receipts amounts that had actually been generated by Chawla's sales through his eBay stores, and reported as his cost of goods sold the difference between gross receipts and the amount Chawla paid him for the use of his eBay stores. As a result, Bender engaged in significant misstatements on his tax returns for each year. Bender also subscribed to additional false information on his tax returns, including overstating his postage expenses. In total, Bender stipulates that he failed to pay the United States an additional $36,518 in taxes due and owing for the tax years 2014 to 2018.
As part of the conspiracy to defraud, Chawla purchased stolen Apple products from Kristy Stock from 2012 to 2018. Stock was a New Mexico public school employee responsible for overseeing a program to provide Apple iPods to school children with the intent to benefit underprivileged Native American children in New Mexico. Stock stole more than 3,000 iPods purchased by the school district and sold them to Chawla. Chawla initially purchased the iPods from Stock on eBay, and they later dealt directly with each other, in emails, texts, and phone calls. Stock admitted that she received more than $800,000 in illegal proceeds from selling stolen iPods worth more than $1 million. In 2019, Chawla purchased Apple products that he believed had been stolen by a different person working at another school district in New Mexico, including 25 iPads for $5,000 in May 2019. After his relative received the stolen goods, Chawla listed them for sale online through eBay at a substantial markup.
Co-defendants Saurabh Chawla, age 36, of Aurora, Colorado and Joseph Kukta, age 45 of Laurel, Delaware, were sentenced to 66 months and 42 months in federal prison; respectively. Additionally, Chawla was sentenced to pay restitution to the Internal Revenue Service in the amount of $713,619, and to sign an order of forfeiture requiring him to forfeit a 2013 Tesla Model S, $2,308,062.61 from accounts held in his name, and the sale of property in Aurora, Colorado. Kukta was ordered to pay $1,101,743.91 in restitution and forfeiture of $1,880,000.
Co-defendant Kristy Stock, age 46, of Waterflow, New Mexico is scheduled to be sentenced in 2022.
United States Attorney Erek L. Barron commended the IRS-Criminal Investigation and HSI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Harry M. Gruber and Paul A. Riley, who prosecuted the case.
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Baltimore Drug Dealer Sentenced to More Than Three Years in Federal Prison for Federal Narcotics Trafficking ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake sentenced William Diggs, age 30, of Baltimore, Maryland to 42 months in federal prison, followed by three years of supervised release, for conspiracy to distribute, possession with the intent to distribute, and the distribution of crack cocaine.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; and Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
According to his guilty plea, from December 2019 to September 2020, Diggs conspired with others to possess, distribute, and sell crack cocaine in the area of the 2600 block of Greenmount Avenue in Baltimore, Maryland. As a member of a drug trafficking organization (“DTO”), Diggs sold crack cocaine, including to two individuals who happened to be confidential informants for law enforcement.
Over the course of four drug transactions, Diggs sold 42 vials of cocaine base as well as an eighth of an ounce of crack cocaine to an ATF confidential informant. Additionally, during one drug transaction, the confidential informant asked Diggs if they could purchase a firearm. Diggs told the informant they could purchase a firearm for $200 when he gained possession of the firearm, although he ultimately did not proceed with the firearm transaction.
As stated in his plea agreement, a second confidential informant witnessed Diggs and two co-conspirators in a Baltimore rowhouse where the confidential informant saw several firearms. Diggs later admitted the firearms were possessed in furtherance of the drug conspiracy.
The Baltimore City Police Department’s Drug Analysis Unit confirmed that the substances sold by Diggs contained cocaine base.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Baltimore Police Department, and the Maryland Attorney General’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Zachary Stendig, Lindsey N. McCulley and Special Assistant United States Attorney Lindsay DeFrancesco, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach
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Ash Grove Man Sentenced for Illegal Firearms Stolen from NeighborRead the Press Release
SPRINGFIELD, Mo. – An Ash Grove, Missouri, man was sentenced in federal court today for illegally possessing 10 firearms, three of which were stolen during his burglary of a neighbor’s house.
Jason B. Roberts, 44, was sentenced by U.S. District Judge M. Douglas Harpool to nine years in federal prison without parole.
On June 17, 2021, Roberts pleaded guilty to being a felon in possession of firearms.
Law enforcement officers executed a search warrant at Roberts’s residence on April 7, 2020. They found three rifles and a jewelry box that Roberts admitted he stole during the burglary of a neighbor’s house. Officers also found seven other firearms and approximately 12 grams of methamphetamine.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Roberts has two prior felony convictions for being a felon in possession of a firearm, three prior felony convictions for forgery and a prior felony convictions for possessing methamphetamine with the intent to distribute.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Greene County, Mo., Sheriff’s Department, the FBI, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
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.
Armed Robber Sentenced to 14 Years in Federal Prison for Committing Three Armed Robberies of North Philadelphia BusinessesRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Darrell Johnson, 36, of Philadelphia, Pennsylvania, was sentenced to 14 years and one day of imprisonment by United States District Judge Wendy Beetlestone, after pleading guilty to committing three gunpoint robberies and brandishing a firearm during the course of his three-day crime spree in April 2017.
Each of Johnson’s crimes was captured on surveillance video from the stores he robbed, which ultimately enabled law enforcement to link the robberies back to the same assailant. Johnson first robbed a 7-Eleven convenience store in the early morning hours of April 22, 2017. Video surveillance inside the store captured Johnson pointing a distinctive silver and black, 9mm semi-automatic pistol at store employees and demanding all the money in the store. Just a few hours after he robbed the 7-Eleven store, Johnson robbed a Dunkin Donuts restaurant, wearing the same clothing and pointing the same silver and black firearm at the employees and demanding money from the register. Just before entering Dunkin Donuts, the defendant was captured on surveillance video doing warm-up calisthenics and stretching exercises with the gun in his hand. On April 25, 2017, he was captured by Philadelphia Police in the act of robbing a Rite Aid pharmacy, again with a silver and black semi-automatic firearm. A later forensic examination of the firearm recovered at Rite Aid and a bullet recovered at the 7-Eleven crime scene definitively placed the gun at both robberies.
In December 2017, a grand jury issued a seven-count superseding indictment against the defendant, charging him with three counts of robbery which interferes with interstate commerce (Hobbs Act robbery); three counts of using, carrying, and brandishing a firearm during and in relation to a crime of violence; and one count of possessing a firearm as a convicted felon. In March 2020, the defendant pled guilty to 6 counts in the superseding indictment.
“This defendant was determined to commit armed robbery, so much so he did it three times in the span of only four days,” said U.S. Attorney Williams. “His complete disregard for others and for the law is appalling. Hopefully others will learn from this example: if you rob a business in Philadelphia with a firearm, you are going to face serious federal prison time as a result. Our Office is committed to being ‘All Hands On Deck’ working with our law enforcement partners to bring criminals to justice.”
"The FBI is committed to keeping the Philadelphia area and its citizens safe from predators like Darrell Johnson," said Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division. "Today’s sentencing sends a message to violent criminals that if you terrorize our community, we will find you and bring you to justice."
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation, with assistance from the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Alison Donahue Kehner and Michael R. Miller.
Armed Methamphetamine Trafficker Sentenced to 10 YearsRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Larry Cole, 41, Painesdale, Michigan, was sentenced today by Chief U.S. District Judge James D. Peterson to 10 years in prison for possessing with intent to distribute 500 grams or more of methamphetamine. The defendant pleaded guilty to this charge on August 31, 2021.
In August 2020, law enforcement agents received information that Cole was a large methamphetamine trafficker in Wisconsin and Michigan. On September 9, 2020, the police stopped the defendant’s car in Rock County, Wisconsin. During a search of the car, police officers found three pounds of methamphetamine and a firearm. Cole admitted that the methamphetamine and firearm belonged to him.
The charge against Cole was the result of an investigation conducted by the Drug Enforcement Administration; Wisconsin Department of Justice Division of Criminal Investigation; Rock and Florence County Sheriff’s Offices; Illinois State Police Multi-County Enforcement Group; Wisconsin State Patrol; and the Michigan K.I.N.D. Drug Unit. Assistant U.S. Attorneys David Reinhard and Robert Anderson prosecuted this case.
Amherst Man Sentenced to 33 Months for Threatening Members of Congress and New Hampshire State RepresentativeRead the Press Release
CONCORD –Ryder Winegar, 34, of Amherst, was sentenced to 33 months in federal prison for six counts of threatening members of Congress and one count of transmitting interstate threatening communications, Acting United States Attorney John J. Farley announced.
According to court documents and statements made in court, in the early morning hours of December 16, 2020, Winegar left voicemails at the offices of six members of the United States Congress in the District of Columbia. The calls were directed at three Senators and three members of the House of Representatives. In some of the messages, Winegar identified himself by name or identified his telephone number. The voicemails threatened to hang the members of Congress if they did not “get behind Donald Trump.”
The messages included very specific threats of violence. For example, in one message, Winegar allegedly said, “I got some advice for you. Here’s the advice, Donald Trump is your president. If you don’t get behind him, we’re going to hang you until you die.” In another message, Winegar said, “And it really, really, it boils down to two camps. You either support our president, support liberty, and f*** this global homo, uh, vaccination Jewish agenda, or you’re not. In which case we’re going to f***ing kill you. Do you understand?”
Members of the U.S. Capitol Police attempted to interview Winegar on December 20, 2020. Winegar refused to speak with the officers. On the following day, before investigators could return with search and arrest warrants, Winegar flew to Brazil, leaving his family behind. Winegar was taken into custody when he returned to the United States on January 11, 2021.
Following his arrest on about January 11, 2021, investigators learned of a separate, e-mailed threat to a member of the New Hampshire State House of Representatives on December 14, 2020, in which Winegar threatened to pull the representative from his bed and hang him.
Winegar previously pleaded guilty on August 6, 2021. He has been in custody since his January arrest. In addition to his sentence, Winegar was ordered to pay a $15,000 fine.
“Today’s sentencing sends a clear message that threats of violence have no place in our political discourse,” said Acting U.S. Attorney Farley. “While all citizens are free to express their political opinions, it is unlawful to threaten to commit acts of violence against members of Congress or members of the state legislature. This defendant’s graphic threats were a troubling attempt to intimidate lawmakers and a direct assault on the functioning of our constitutional system. This sentence should send a message to the community that those who threaten to commit acts of violence against duly-elected legislators will be held accountable for their unlawful conduct.”
“Threatening to attack and kill six members of Congress and a member of the New Hampshire House of Representatives to prevent them from carrying out their constitutional duties is a federal crime, not protected speech. Let’s hope that today’s sentence finally teaches Ryder Winegar that important lesson,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “As the events of this past year have shown, the FBI will do everything it can to ensure those who seek to harm our public servants are brought to justice for their criminal conduct.”
The case was investigated by the U.S. Capitol Police with assistance from the United States Marshals Service, U.S. Customs and Border Protection, Federal Bureau of Investigation, and the Amherst Police Department. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Albany Felon Sentenced for Illegally Possessing FirearmRead the Press Release
ALBANY, NEW YORK – Dewey K. Sims, age 33, of Albany, was sentenced yesterday to 33 months in prison and three years of post-release supervision for unlawfully possessing a loaded .25 caliber pistol as a felon.
The announcement was made by United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
As part of his previously entered guilty plea, Sims admitted that on March 7, 2020, he knowingly possessed a loaded .25 caliber pistol when he was pulled over for a speeding violation in the Town of Colonie. A prior felony conviction for armed robbery prevented Sims from legally possessing the firearm.
This case was investigated by the ATF and the Colonie Police Department. This case was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
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
Akron Man Sentenced to 20 Years for Selling Fentanyl that Led to Fatal OverdoseRead the Press Release
U.S. Attorney Bridget M. Brennan announced that Jurmaine A. Jeffries, 32, of Akron, Ohio, was sentenced on Nov. 30, 2021, by Judge Solomon Oliver, Jr to 20 years in prison.
In April of 2018, following a two-week trial, a jury convicted Jeffries of distribution of fentanyl resulting in death and possession with intent to distribute fentanyl. The jury found Jeffries sold the fentanyl that resulted in the death of an Akron woman on Sept. 16, 2015, inside a home on Goodyear Avenue. Testimony and evidence presented at trial showed the woman called and texted Jeffries repeatedly on the day that she died, asking to buy drugs. Jeffries replied, “B right there” and records from cell phone towers put Jeffries near the woman’s residence the day that she died.
Akron police detectives then posed as the woman and texted Jeffries from her phone, asking for more drugs. Jeffries again replied that he would “be right there” and police arrested him when he arrived. Police found Jeffries to be in possession of 38 grams of fentanyl when he was arrested, according to trial testimony and evidence.
This case was investigated by the DEA and Akron Police Department. This case was prosecuted by Assistant U.S. Attorney Megan R. Miller.
Aberdeen Man Sentenced for Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 29, 2021, by Judge Charles B. Kornmann, U.S. District Court.
Brent Wayne Vostad, age 37, was sentenced to 120 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.
Vostad was indicted by a federal grand jury on April 13, 2021. He pled guilty on August 18, 2021.
The conviction stemmed from an incident that occurred on February 27, 2021, in Aberdeen. Vostad, who was previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a loaded handgun, methamphetamine, small plastic baggies, and a scale. The items were seized from Vostad’s person and vehicle following a traffic stop conducted by the Aberdeen Police Department.
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 Aberdeen Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Vostad was immediately remanded to the custody of the U.S. Marshals Service.
14 charged in narcotics conspiracy involving millions of dollars’ worth of opioidsRead the Press Release
CINCINNATI – A federal grand jury has charged 14 individuals in a narcotics conspiracy alleged to have occurred for at least the past four years.
Each of the defendants is charged with conspiring to distribute 400 grams or more of fentanyl, a crime punishable by at least 10 years and up to life in prison.
According to the indictment unsealed today, the defendants also possessed and distributed heroin and methamphetamine.
The co-conspirators were originally charged by criminal complaint on Nov. 15. Thirteen of the defendants have been arrested and will appear in federal court in Cincinnati. Sterling Parish is a fugitive with an outstanding arrest warrant. Any tips or information on the location of Sterling Parish should be sent to FBI Cincinnati at 513-421-4310.
An affidavit filed in support of a criminal complaint details that Steffen Roberson, also known as “Worm,” was running one of the largest heroin/fentanyl drug trafficking organizations in the greater Cincinnati area. The drug trafficking organization is also alleged to have distributed narcotics in Akron, Ohio, Fairfield, Ohio, and Gary, Indiana, as well.
The group was allegedly known to obtain drugs from multiple sources of supply, including in Atlanta and Baltimore. Roberson would allegedly purchase distributable amounts of opioids for hundreds of thousands of dollars in cash.
It is alleged that Roberson’s brother, Anthony Roberson, also known as the “Chemist,” manufactured heroin and fentanyl mixtures for the drug trafficking organization by cutting the narcotics with fillers and looking for ways to make the drug mixtures more potent.
More than 30 state and federal search warrants have been executed since 2018 on co-conspirators’ residences where large quantities of fentanyl and loaded firearms have been routinely recovered.
In total, law enforcement has seized approximately $150,000 in cash, 10 kilograms of fentanyl, multiple vehicles and 28 firearms related to the investigation.
Those charged include:
Name
Also Known As
Age
City of Residence
Steffen Roberson
Worm
40
Cincinnati
Anthony Roberson
Don, Chemist
44
Cincinnati
Devon Price
DV
36
Atlanta
Quinton Jennings
Smoke
39
Cincinnati
David Hamler
Chewy
31
Maineville, Ohio
Gregory Donaldson, Jr.
Gotti
32
Cincinnati
Donald Fairbanks III
Don Don
33
Middletown, Ohio
Roderick Smith
Pink
46
Cincinnati
Rashawn Zanders
Rayzo
35
Cincinnati
Sterling Parish
Sterl
36
Cincinnati
Jerome Newton, Jr.
Kodak, Boo
29
Cincinnati
Jimmy Daniel III
Neutron
32
Cincinnati
Alton Beacher
Yog
42
Cincinnati
Juan Marcano
47
New York City
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, and Cincinnati Police Chief Eliot K. Isaac announced the charges. They commended the cooperative investigation in this case with the Hamilton County Regional Enforcement Narcotics Unit (RENU), Drug Enforcement Administration (DEA), Ohio Bureau of Criminal Investigation (BCI), the Drug Abuse and Reduction Task Force (DART), Middletown Police Department, Warren County Drug Task Force (WCDTF), Butler County Undercover Regional Narcotics Unit (BURN), Hamilton County Probation Office, and other federal and state law enforcement agencies.
Assistant United States Attorneys Ashley N. Brucato and Dominick S. Gerace are representing the United States in this case.
An indictment is merely an allegation, and defendants are presumed innocent unless proven guilty in a court of law.
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30 November 2021
Wife of “El Chapo” Sentenced to Prison for Drug Trafficking and Money LaunderingRead the Press Release
The wife of Joaquin “El Chapo” Guzman Loera, leader of the Mexican drug-trafficking organization known as the Sinaloa Cartel, was sentenced today to 36 months in prison followed by four years of supervised release for charges related to international drug trafficking, money laundering, and a criminal violation of the Foreign Narcotics Kingpin Designation Act (the Kingpin Act).
Emma Coronel Aispuro, 32, a dual U.S.-Mexican citizen, pleaded guilty on June 10 to a three-count criminal information. According to court documents, Coronel Aispuro conspired with Guzman Loera and other members of the Sinaloa cartel to traffic five kilograms or more of cocaine, one kilogram or more of heroin, 500 grams or more of methamphetamine, and 1,000 kilograms or more of marijuana, knowing that these narcotics would be transported into and distributed in the United States. She also conspired to launder the proceeds of that narcotics trafficking and engaged in transactions and dealings in the property of her husband, Guzman Loera, who the Treasury Department’s Office of Foreign Assets Control had designated a Significant Foreign Narcotics Trafficker.
Court documents indicate that beginning in or about 2011 and continuing to at least Jan. 19, 2017, Coronel Aispuro was a co-conspirator in the activities of the Sinaloa Cartel, an organization which was led by her husband, Guzman Loera. Notably, after Guzman Loera was captured by Mexican authorities on Feb. 22, 2014, Coronel Aispuro played a critical role in facilitating his escape from a Mexican prison, which ultimately occurred on July 11, 2015, by conducting planning meetings with other co-conspirators and by coordinating the movement of drug proceeds to finance the escape. To facilitate the escape, Coronel Aispuro assisted in the purchase of a property near the prison and provided Guzman Loera with a watch that contained a GPS tracking device, allowing co-conspirators to dig a tunnel from that nearby property, under the prison, to Guzman Loera’s cell. Coronel Aispuro even relayed messages from Guzman Loera to other members of the Sinaloa Cartel regarding the operation of their illicit activities while he was detained.
At the sentencing hearing, U.S. District Court Judge Rudolph Contreras also entered a forfeiture money judgment against Coronel Aispuro in the amount of $1,499,970, representing proceeds of and property obtained by Coronel Aispuro as a result of her drug-trafficking activities.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division made the announcement.
This investigation was conducted by the FBI’s Washington Field Office with significant assistance from other FBI Field Offices, the Drug Enforcement Administration and Homeland Security Investigations. The Justice Department thanks the Office of Foreign Assets Control of the Department of the Treasury for their support and contributions to the case.
Deputy Chief Anthony Nardozzi and Assistant Deputy Chief Kate Wagner of the Criminal Division’s Narcotic and Dangerous Drug Section prosecuted the case.
Vestavia Hills Man Pleads Guilty to Bank Fraud SchemeRead the Press Release
BIRMINGHAM, Ala. – Today, a Vestavia man pleaded guilty to a bank fraud scheme in which he provided fraudulent information to financial institutions for the purpose of purchasing boats, luxury vehicles, and heavy equipment, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
Christopher A. Montalbano, 38, of Vestavia, pleaded guilty before U.S. District Judge Annemarie C. Axon to conspiracy to commit bank fraud, bank fraud and money laundering.
According to the plea agreement, between 2015 and 2020 Montalbano fraudulently obtained millions of dollars in loans from at least sixteen different financial institutions by submitting fraudulent information to the financial institutions in loan applications and in supporting documentation. Montalbano obtained these loan proceeds in his personal name, through a shell company, or in the name of a co-conspirator. Montalbano specifically used the loan proceeds to pay for an extravagant lifestyle which included traveling on a private jet aircraft, employing private pilots, employing a personal assistant, purchasing multiple high-end vehicles including Lamborghinis and Ferraris, and purchasing multiple real properties, including a residential home in a gated community, a lake house, and farmland.
To further facilitate the bank fraud scheme, Montalbano created internet websites for some of his shell companies including Land Work Tractor & Equipment (LWT&E), previously located in Florida and then Vincent, Alabama. On the LWT&E website, Montalbano posted photographs of agricultural and construction equipment, UTVs and boats which were purportedly in LWT&E’s possession and for sale. However, the majority of these photographs were copied and taken from the internet websites of legitimate equipment dealers. As a further part of the scheme, Montalbano purchased adjoining properties totaling approximately 150 acres in Vincent, Alabama, where LWT&E was purportedly located. Montalbano then gated the private access road(s) which both prevented unscheduled access, and severely limited the lenders’ ability to verify LWT&E’s possession of the equipment being sold and/or the validity of the equipment pictures on LWT&E’s internet website.
The maximum penalty for conspiracy to commit bank fraud and bank fraud is 30 years in prison.
The maximum penalty for money laundering is 10 years in prison.
The Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Robin B. Mark and Kristen Osborne are prosecuting the case.
Upper Marlboro Man Pleads Guilty to Heroin and Cocaine Distribution ConspiracyRead the Press Release
Greenbelt, Maryland – Charles Benjamin Stewart, Jr., age 46, of Upper Marlboro, Maryland, pleaded guilty yesterday to federal charges for conspiracy to distribute heroin and cocaine; for illegally transporting a firearm obtained out of state; and for possession with intent to distribute heroin and cocaine.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod A. Forget of the Drug Enforcement Administration - Washington Field Division; Acting Special Agent in Charge L.C. Cheeks, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Calvert County Sheriff Mike Evans; St. Mary’s County Sheriff Timothy K. Cameron; and Chief Malik Azziz of the Prince George’s County Police Department.
According to his guilty plea from at least June 2016 through July 2017, Stewart conspired with Patrick Nathan Broxton, Stephen Eugene Clark, Jr., Stephen Michael Kinnison, Robert Eugene Davidson, and others to distribute heroin and cocaine in Calvert and Prince George’s County. Stewart obtained heroin from Broxton and then sold smaller quantities of heroin to Kinnison, Davidson, and others. Stewart also supplied cocaine to Kinnison and others for further distribution.
During the course of the conspiracy, Stewart regularly communicated with Broxton, Clark, Kinnison, Davidson, and others, both in person and via phone calls and text messaging, to arrange their narcotics transactions. At the direction of law enforcement, a confidential informant purchased quantities of heroin, totaling 23 grams, from Stewart on four occasions between September 8, 2016 and February 10, 2017. Law enforcement obtained court-authorized wiretaps for the cellular telephones used by Stewart, Broxton, Clark, Kinnison, and Davidson. Those intercepted communications showed that Stewart knew that Davidson and Kinnison resold portions of the drugs they purchased from Stewart to their own customers; that Broxton was obtaining distribution quantities of heroin; that Clark was obtaining distribution quantities of cocaine; and that both Broxton and Clark had other narcotics clients besides Stewart.
For example, between April 11 and 13, 2017, Stewart and Broxton communicated by telephone to arrange a heroin transaction at a convenience store in Anne Arundel County, Maryland. Law enforcement conducted surveillance of Broxton and saw him leave his job at a drug rehabilitation facility to meet Stewart at the convenience store, where Stewart bought 150 grams of heroin from Broxton. Immediately following the meeting, Stewart returned to his residence and contacted one of his customers to see if the customer needed more heroin.
As detailed in his plea agreement, between April 15 and May 6, 2017, Stewart purchased cocaine from Clark on three occasions, totaling more than 210 grams of cocaine. For example, on April 24, 2017, Stewart arranged by phone to purchase 4.5 ounces of cocaine from Clark for $4,000. Later that day, law enforcement surveilled the meeting at a fast-food restaurant in Prince George’s County, where Stewart and Clark completed the transaction.
On July 6, 2017, law enforcement executed search warrants at locations associated with the drug distribution conspiracy, including Stewart’s two residences in Upper Marlboro. From Stewart’s residences, law enforcement recovered, among other things, a total of approximately 138 grams of heroin; approximately three grams of cocaine, crack cocaine and procaine (a local anesthetic drug); a prescription pill bottle containing approximately 89 Oxycodone pills; approximately three grams of a white powdery substance consisting of cocaine, heroin, caffeine, and diphenhydramine (an antihistamine); approximately 15 grams of cocaine; a total of $40,235 in cash; and drug paraphernalia, including an electric grinder and digital scale, both with heroin and cocaine residue; two bottles of Mannitol powder (a cutting agent); and empty zip-lock baggies. Stewart admitted that he possessed the controlled substances, baggies, and grinder as part of his drug trafficking business and intended to distribute the drugs.
In addition, law enforcement officers also located and seized a.40 caliber semi-automatic pistol loaded with nine rounds of ammunition and a spare magazine loaded with nine rounds of .40 caliber ammunition; a 9mm luger caliber semi-automatic pistol; a 12 gauge pump-action firearm; nine rounds of 9mm ammunition; approximately 21 rounds of .40 caliber ammunition; seven 12 gauge shotgun shells; and approximately $16,687 in cash. Stewart admitted that he possessed the firearms and ammunition in furtherance of his drug trafficking business. Further investigation revealed that the 12 gauge pump-action firearm and the .40 caliber semi-automatic pistol were both stolen.
According to his plea agreement, Stewart, who was not a licensed importer manufacturer, dealer, or collector of firearms and who was on probation at the time, transported, or caused to be transported firearms from outside the state of Maryland to his residence. In particular, between January 24, 2014 and July 6, 2017, Stewart caused the transportation of a Smith and Wesson model SD9VE, bearing serial number HFC4476, from outside Maryland to his residence.
Stewart and the government have agreed that if the Court accepts his plea, Stewart will be sentenced to between eight and fourteen years in federal prison. U.S. District Judge Paula Xinis has scheduled sentencing for March 1, 2022 at 10:00 a.m.
Co-defendants Patrick Nathan Broxton, age 50, of Ellicott City, Maryland; Stephen Eugene Clark, Jr., age 57, of Laurel, Maryland; Stephen Michael Kinnison, age 47, of Lusby, Maryland; and Robert Eugene Davidson, age 32, of Sunderland, Maryland, previously pleaded guilty to their roles in the conspiracy. Broxton was sentenced to 10 years in federal prison; Clark was sentenced to 19 months in federal prison; and Kinnison was sentenced to 41 months in federal prison. Davidson is scheduled to be sentenced on February 14, 2022.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
United States Attorney Erek L. Barron commended the DEA, the ATF, the Calvert County Sheriff’s Office, the St. Mary's County Sheriff's Office, and the Prince George’s County Police Department for their work in the investigation. Mr. Barron thanked Special Assistant U.S. Attorney Jared Engelking and Assistant U.S. Attorney Adam K. Ake, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Universal Aryan Brotherhood Member Pleads Guilty for Participating in a Racketeering Conspiracy and KidnappingRead the Press Release
A Universal Aryan Brotherhood gang member pleaded guilty Tuesday for his role in a racketeering enterprise, announced Acting U.S. Attorney Clint Johnson. The UAB is a “whites only” prison-based gang with members operating inside and outside of state prisons throughout Oklahoma.
Charles M. McCully, 44, pleaded guilty to conspiracy to participate in a racketeering enterprise and to kidnapping. The plea agreement, if accepted by U.S. District Judge Claire V. Eagan, stipulates that McCully will serve between 151 and 188 months in prison. McCully will be sentenced April 6, 2022.
“Charles McCully helped to further the Universal Aryan Brotherhood’s lucrative and deadly criminal organization,” said Acting U.S. Attorney Clint Johnson. “Today, he has been brought to account for his crimes. Assistant U.S. Attorney Dennis A. Fries and agents with Homeland Security Investigations and IRS-Criminal Investigation are to be commended for their leadership and persistence in seeing that justice prevails in this case.”
In his plea agreement, McCully stated that he has been a member of the UAB since 2005. He admitted that members commit various crimes such as murder, kidnapping, witness intimidation, home invasions, and drug dealing for the gang. He further admitted that he knew and agreed that at least two gang members would commit racketeering crimes for the benefit of and in the name of the UAB.
McCully also stated that on Oct. 26, 2014, he and others kidnapped two individuals and held them against their will because they believed the individuals had provided law enforcement with information about a UAB stash house. While they held the victims, McCully and the others threatened them and used tarps, shovels, blow torches and other items in an attempt to scare and intimidate the victims.
McCully was indicted on Dec. 7, 2018, with 17 other UAB members and associates. The indictment was unsealed Feb. 20, 2019, and alleged the gang to be a racketeering enterprise that committed acts of murder, kidnapping, the trafficking of methamphetamine and firearms, money laundering, assault, and robbery throughout the State of Oklahoma. The indictment alleged that nine individuals were murdered as part of the UAB’s racketeering operations, often upon the orders of the Main Council, the highest governing body of the UAB.
The UAB was established in 1993 within the Oklahoma Department of Corrections and modeled itself after the principles and ideology of the Aryan Brotherhood, a California-based prison gang that formed in the 1960s.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and IRS-Criminal Investigation led the investigation with assistance from the Tulsa County Sheriff’s Office, the Oklahoma Department of Corrections, the Tulsa and Enid Police Departments, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Dennis A. Fries is prosecuting this case.
You can find the press release announcing charges in February 2019 here.
UT Southwestern to Pay $4.5 Million to Resolve Alleged Controlled Substance Act Violations That Permitted Drug Diversion by StaffRead the Press Release
The University of Texas Southwestern Medical Center has agreed to pay $4.5 million to resolve allegations that its violations of the Controlled Substances Act allowed hospital staff to divert fentanyl and other dangerous drugs from the hospital, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
The civil settlement – which also includes an extensive corrective action plan – is the culmination of a three-year-long joint DEA and U.S. Attorney’s Office investigation of UTSW’s handling of controlled substances, which began in December 2018 after two UTSW nurses overdosed on fentanyl and died at UTSW’s Clements University Hospital. This marks the largest settlement involving allegations of drug diversion at a hospital in the state of Texas and the second largest in the nation.
“For years prior to our investigation, U.T. Southwestern exhibited an almost shocking disregard for its obligations under the Controlled Substance Act, enabling some employees to steal and abuse prescription narcotics – including powerful synthetic opioids such as fentanyl. We felt that the serial compliance failures we uncovered warranted a multi-million-dollar penalty and a stringent corrective action plan,” said U.S. Attorney Chad Meacham. “In this settlement agreement, we’re doing everything in our power to mitigate the threat of opioid diversion by outlining protocols above and beyond what’s required by law.”
“U.T. Southwestern has an obligation to keep the highest standard of care for their patients. They also have an obligation of internal safeguards to keep controlled substances from being diverted,” said DEA Dallas Special Agent in Charge, Eduardo A. Chávez. “Opioids, like fentanyl, do not discriminate in its addictive properties when diverted or taken outside the direction and supervision of medical professionals. In this time of record overdose deaths, health care systems must be held to compliance with the Controlled Substances Act. This is not only their legal responsibility, but also a matter of public trust and public safety. DEA Dallas pledges that we will tirelessly work with our law enforcement and regulatory partners to ensure these rules and regulations are followed to combat the opioid epidemic.”
In settlement documents, the government contends that UTSW violated multiple provisions of the Controlled Substances Act (CSA) over a five-year period, and that as a result UTSW employees were able to divert controlled substances – including fentanyl — from UTSW’s Clements University Hospital and Zale Lipshy Pavilion.
As a DEA registrant, UTSW had certain recordkeeping and reporting obligations which included monitoring all controlled substance activity within its facilities and promptly notifying the DEA whenever a theft or significant loss occurred. The DEA determined that UTSW’s failure to meet certain of these recordkeeping and reporting obligations, along with the medical center’s failure to maintain effective controls to consistently detect and monitor suspected diversion, contributed to the health system’s overall failure to “guard against the theft and diversion of controlled substances.”
During its investigation, the DEA identified incidents in which registered nurses diverted controlled substances from UTSW over significant periods of time. Tragically, two such diversions resulted in fatal overdoses.
On Dec. 15, 2016, a UTSW nurse overdosed on fentanyl diverted from UTSW’s Clements University Hospital and was found deceased in a hospital bathroom. Roughly 16 months later, on April 16, 2018, another UTSW nurse overdosed on diverted opioids, including fentanyl, and was found deceased in a different Clements Hospital bathroom.
According to the settlement documents, although UTSW did report certain instances of theft and loss to the DEA, it did not do so in a timely manner. It also failed to properly document the dispensing and “wasting” of controlled substances – an essential safeguard against diversion – and made errors in forms documenting the ordering, receipt, and distribution of controlled substances – all violations of the CSA.
As part of the settlement, the medical center agreed to take significant steps to mitigate its diversion issues. These steps, outlined in a three-year memorandum of agreement between UTSW and the DEA, include:
- Hiring an external auditor to conduct unannounced audits of controlled substances dispensed via pyxis machines (with a particular focus on auditing fentanyl), with any resulting deficiencies or discrepancies resolved in thirty days, signed off on by the Pharmacist-in-Charge, and provided to DEA;
- Instituting a training program designed to help employees identify symptoms of addiction and signs of diversion, and to understand the threat diversion poses to patient care and professional reputation;
- Creating an employee compliance hotline that permits anonymous reporting of suspected drug diversion or drug impairment;
- Installing security cameras at pyxis machines and providing footage to the DEA upon request;
- Establishing a database of employees who have been discharged or resigned because of drug diversion, and disclosing relevant information to requesting health facilities conducting pre-employment inquiries; and
- Permitting DEA personnel to enter UTSW facilities at any time, without prior notice and without a warrant, to verify compliance.
Much of the conduct outlined in the settlement agreement is merely alleged; the agreement does not constitute an admission of liability by UTSW. However, UTSW does publicly acknowledge and admit that theft and significant loss of controlled substances occurred at Clements University Hospital and Zale Lipshy Pavilion; that UTSW failed to notify the DEA of these thefts and losses in a timely manner; and that some of UTSW’s policies and procedures were not consistent with the requirements of the CSA.
UTSW cooperated with the DEA’s investigation. After the agency launched its probe into the medical center’s compliance program in December 2018, UTSW began working with the DEA to address deficiencies and strengthen its controls for handling controlled substances. A number of changes were instituted well before the settlement agreement was signed.
A main objective of the CSA, 21 U.S.C. §§ 801–904, is controlling illegitimate traffic in controlled substances. To prevent the diversion of controlled substances, the CSA regulates persons, companies and other entities that manufacture, distribute, and dispense controlled substances. With more than 100,000 Americans dying last year from drug overdose, the Justice Department and the DEA are committed to using every resource available to prevent overdose deaths and hold accountable those responsible for the opioid crisis. The government’s rigorous investigation and resolution of this matter illustrates the government’s ongoing dedication to stem the prescription opioid crisis by ensuring that opioids are not diverted and abused.
This matter was investigated by the DEA’s Dallas Diversion Squad and Assistant U.S. Attorneys Andrew Robbins and Kenneth Coffin, with oversight from the Northern District of Texas First Assistant Scott Hogan.
A copy of the Settlement Agreement, which includes the Memorandum of Agreement, is attached below. Medical workers with concerns about prescription drug abuse or diversion can report it to the DEA here.
- Hiring an external auditor to conduct unannounced audits of controlled substances dispensed via pyxis machines (with a particular focus on auditing fentanyl), with any resulting deficiencies or discrepancies resolved in thirty days, signed off on by the Pharmacist-in-Charge, and provided to DEA;
Two Virginia Inmates Plead Guilty to Pandemic Unemployment Benefits SchemeRead the Press Release
NORFOLK, Va. – Two men pleaded guilty today to fraudulently obtaining benefits made available as a result of the COVID-19 pandemic.
According to court documents, from approximately June 2020 through in or around March 2021, Mark Hilliard, 36, and Elvon George, 33, who were inmates at Greensville Correctional Center during the fraud, collected the personally identifiable information (PII) of their fellow inmates. They then provided the PII to two outside facilitators to file fraudulent unemployment insurance claims. To alleviate financial hardships caused by the COVID-19 pandemic, in 2020 Congress and the Virginia Employment Commission (“VEC”) expanded unemployment benefits by increasing benefit payments and by making them available to gig workers, the self-employed, and others whose employment status the VEC could not easily verify. The defendants exploited these changes to obtain over $220,000 in fraudulent unemployment benefits by making numerous false statements in the inmate unemployment applications.
Hilliard pleaded guilty to conspiracy to commit fraud in connection with major disaster benefits and is scheduled to be sentenced on April 19, 2022. George also pleaded guilty to conspiracy to commit fraud in connection with major disaster benefits and is scheduled to be sentenced on March 31, 2022. Hilliard and George each face a maximum penalty of 5 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Troy Springer, Acting-Special-Agent-in-Charge, Washington, D.C. Region, U.S. Department of Labor Office of Inspector General; and Joseph V. Cuffari, Inspector General for the Department of Homeland Security, made the announcement after U.S. District Judge Roderick C. Young accepted the plea.
Assistant U.S. Attorney Rebecca Gantt is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:21-cr-111.
Two San Antonians Sentenced to Prison for Health Care Fraud SchemesRead the Press Release
SAN ANTONIO – This week, two San Antonio residents were sentenced for their roles in health care fraud schemes. Yesterday, Nancy Almaguer, 42, was sentenced to 18 months in prison and today Christopher Felix Montoya, 47, was sentenced to two 18-month prison sentences to run consecutively.
According to court documents, Montoya was a licensed physician’s assistant and owner of TPC Family Care and Medical Clinics in San Antonio and Laredo. Almaguer was the Chief Operating Officer for the clinics. Beginning in September 2018 through June 2019, Montoya and Almaguer agreed to refer lab testing requests to specific laboratories. The labs billed insurance programs, including Medicare and TRICARE, and paid Almaguer and Montoya a percentage of their receipts in return for the referrals. The kickback schemes resulted in over $500,000 in billings to public and private insurance companies.
In July and September of 2021, Montoya and Almaguer, respectively, pleaded guilty to one count of conspiracy to defraud the U.S. and to pay and receive health care kickbacks.
In a separate case, in July 2021, Montoya pleaded guilty to one count of conspiracy to receive health care kickbacks. In this case, Montoya admitted that for five months beginning in February 2015 he received kickbacks to write prescriptions for compounded medication from a California-based pharmacy that had high TRICARE reimbursements. Based on the evidence, TRICARE was billed $8,832,268.73 for prescriptions Montoya wrote to which TRICARE paid out $6,690,598.77.
In addition to the prison sentence, Almaguer was ordered to forfeit $137,792.10 in criminal proceeds and pay $52,603.62 in restitution. Montoya was ordered to pay a total of $849,865.93 in restitution.
“Kickback regulations exist to protect patient choice and ensure that only medically necessary procedures are performed,” said U.S. Attorney Ashley C. Hoff. “Our office continues to help protect federal insurance programs from fraud. We hope that these sentences communicate that these regulations should be taken seriously.”
“Health care fraud significantly harms the U.S. economy by costing this country billions of dollars a year,” said FBI Special Agent in Charge Christopher Combs. “Those losses result in rising medical costs for all Americans. The FBI is committed to investigating those involved in this crime through investigative partnerships with other federal agencies.”
The FBI; Texas Attorney General’s Office Medicaid Fraud Control Unit; U.S. Department of Health and Human Services—Office of Inspector General; the U.S. Office of Professional Management—Office of Inspector General; and the Defense Criminal Investigation Service investigated this case.
Assistant U.S. Attorneys Justin Chung and William R. Harris prosecuted this case on behalf of the government and Assistant U.S. Attorney Antonio Franco handled the forfeiture aspects.
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Two Men Sentenced to a Total of 22 Years in Federal Prison for Armed CarjackingsRead the Press Release
Memphis, TN – Tyshjohn Jones, 20 and Jayln Gray, 19 have been sentenced to a total of 264 months in federal prison for carjacking, aiding and abetting, and brandishing a firearm during a crime of violence. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, on April 29, 2020, victim J.W. reported to the Memphis Police Department that he noticed two males walking toward his home on Winway Drive. As the victim parked his 1999 Ford Explorer in his driveway, he was approached by two males, one of whom was armed with a handgun. The male with the handgun demanded money from the victim's wallet and the keys to his vehicle. The suspects had trouble unlocking the vehicle, threatened to shoot the victim, and demanded he unlock his phone. When the suspects fled in the vehicle, the victim notified law enforcement. The gunman was later identified as Tyshjohn Jones, and the other suspect was a juvenile.
Several days later, on May 2, 2020, Jones, Gray, and a juvenile suspect, were driving the stolen Ford Explorer on Florida Avenue. The Explorer was not working when a good Samaritan, victim P.F., stopped to help. P.F. was driving a 2004 Cadillac Deville. He opened the hood of his vehicle to give the suspects a "boost" and as he turned around Jones was pointing a gun at his head. As the victim tried to stop them, one of them got out of the vehicle, striking him with a pistol in the head, face, and ribs. The suspects fled in the Cadillac.
On May 6, 2020, officers went to 1800 block of New Gate Drive, regarding a previous unrelated burglary at an automobile dealership. Officers searched the home and found multiple keys determined to be related to multiple vehicle thefts. Officers located personal property belonging to victim J.W. and keys to his vehicle. Jones and Gray were present at the residence, as well as other suspects. Further investigation revealed Gray's fingerprints were found on the recovered Ford Explorer.
Gray waived Miranda rights and admitted to carjacking the Cadillac. Jones waived Miranda rights and admitted to carjacking the Ford and the Cadillac.
On August 13, 2021, Jones entered a guilty plea to counts involving both carjackings and brandishing a firearm in furtherance of a violent crime. Gray entered a guilty plea to the May 2, 2020, carjacking as well as brandishing a firearm in furtherance of a violent crime.
On November 29, 2021, U.S. District Judge Sheryl H. Lipman sentenced both defendants. Jones was sentenced to 168 months in federal prison to be followed by three years of supervised release. Gray was sentenced to 96 months in federal prison to be followed by three years of supervised release.
This case was investigated by the Memphis Police Department’s Violent Crime Unit and the Bureau of Alcohol, Tobacco and Firearms Explosives (ATF).
Special Assistant U.S. Attorney Samuel D. Winnig and Assistant U.S. Attorney Elizabeth J. Rogers prosecuted this case on behalf of the government. SAUSA Winnig is currently assigned from the Shelby County District Attorney General’s Office for prosecuting violent crimes and firearms offenses in federal court.
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Turkish Citizen Living in the Pittsburgh Area Indicted on Fraud ChargesRead the Press Release
PITTSBURGH - A citizen of Turkey has been indicted by a federal grand jury in Pittsburgh on charges of committing mail and wire fraud, United States Attorney Cindy K. Chung announced today.
The two-count Indictment named Hakan Kantar, formerly of 3803 Wick Place, Wexford, PA 15090.
According to the Indictment, Kantar falsely represented that he was a citizen of the United States when he applied for and received a COVID-19 Economic Injury Disaster Loan from the Small Business Administration and unemployment benefits from the Commonwealth of Pennsylvania. Due to his immigration status, Kantar was not eligible for either type of relief.
The law provides for a maximum total sentence of 60 years in prison, a fine of $2,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation leading to the Indictment in this case.
For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit https://www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites. The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Taos Pueblo man charged with murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Santiago Martinez, 29, of Taos, New Mexico, and an enrolled member of the Taos Pueblo, appeared for a preliminary hearing in federal court today where he was charged with murder in Indian Country. Martinez will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, in the early morning hours of Nov. 13, Santiago and the victim, identified in court records as Jane Doe, allegedly had been drinking and began to argue. The complaint alleges that Martinez assaulted Jane Doe and ran over her with her own vehicle.
FBI special agents, with the assistance of the Taos Pueblo Department of Public Safety and Taos Police Department, arrested Martinez without incident in Taos Pueblo on Nov. 22.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Martinez faces life in prison.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Taos Pueblo Department of Public Safety. Assistant U.S. Attorney Thomas Aliberti is prosecuting the case.
Sunland Park woman sentenced to 12 years in prison for drug trafficking, money launderingRead the Press Release
ALBUQUERQUE, N.M. – Rosa De Santiago, 48, of Sunland Park, New Mexico, was sentenced in federal court today to 12 years in prison for her part in a drug trafficking and international money laundering conspiracy.
De Santiago was one of 22 defendants charged in a 44-count superseding indictment on Aug. 16, 2017, as the result of a 16-month federal investigation led by the Drug Enforcement Administration (DEA) targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois. During the investigation, law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles.
De Santiago pleaded guilty on July 16, 2018, to conspiracy to distribute methamphetamine and heroin, conspiracy to commit international money laundering, and possession of methamphetamine and heroin with intent to distribute. While one defendant remains a fugitive, Santiago is the last defendant in custody to be sentenced.
Upon her release from prison, De Santiago will be subject to five years of supervised release.
The Las Cruces and Albuquerque offices of the DEA investigated the case with assistance from IRS Criminal Investigation, U.S. Border Patrol, New Mexico State Police and Hatch Police Department. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport are prosecuting the cases as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
St. Albans Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A St. Albans man pleaded guilty today to a federal drug crime.
According to court documents, on September 23, 2020, a trooper with the West Virginia State Police attempted to stop Joshua James Lambert, 33, who was riding a motorcycle on Route 25 near Institute. Lambert tried to flee the scene on the motorcycle, reaching speeds of up to 90mph. When Lambert attempted to make a right-hand turn, he lost control of the motorcycle and wrecked. Lambert then fled on foot with a small black pistol in his hand, which he threw to the ground. The trooper caught Lambert and took him into custody. In searching Lambert, the trooper found several quantities of suspected controlled substances wrapped in small packages which Lambert admitted he intended to sell. The unloaded Raven Arms, MP-25, .25 caliber semi-automatic pistol which Lambert had thrown to the ground was also recovered. The substances were tested at the West Virginia State Police Forensic Laboratory and found to contain methamphetamine and fentanyl.
Lambert pleaded guilty to possession with intent to distribute fentanyl and methamphetamine and faces up to 20 years in prison when he is sentenced on March 24, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the West Virginia State Police.
United States District Judge Irene C. Berger presided over the hearing. Assistant U.S. Attorneys Gregory McVey and Julie White are 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-00192.
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South Florida Federal Jury Convicts Woman of COVID-19 Relief FraudRead the Press Release
Miami, Florida – A federal jury in Fort Lauderdale found a 32-year-old Florida woman guilty of conspiracy and wire fraud for fraudulently obtaining a Paycheck Protection Program (PPP) loan guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
According to court documents and evidence presented at trial, Keyaira Bostic, of Pembroke Pines, obtained a PPP loan of $84,515 for her company, I Am Liquid Inc., based on false information about the company’s number of employees and average payroll, and based on false supporting tax and bank documents. Bostic also paid more than $21,000 to an alleged co-conspirator, James Stote, as a kickback for his assistance in preparing and submitting the fraudulent loan application. The evidence also showed that Bostic, in exchange for kickbacks, referred other co-conspirators to the scheme on whose behalf Stote submitted fraudulent PPP loan applications. Those loan applicants sought more than $3.3 million in fraudulent PPP loans and obtained nearly $2 million in PPP loan proceeds.
Bostic was convicted of conspiracy to commit bank fraud and wire fraud and three counts of wire fraud. She was found not guilty of bank fraud. She is scheduled to be sentenced on Feb. 3, 2022, and faces a maximum penalty of 20 years in prison for each count of conviction. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Stote was charged by information on Nov. 10 with wire fraud, bank fraud, and conspiracy to commit wire fraud. His case remains pending.
U.S. Attorney Juan Antonio Gonzalez of the Southern District of Florida; Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Michael J. De Palma of the IRS-Criminal Investigation (IRS-CI) Miami Field Office; Special Agent in Charge George L. Piro of the FBI’s Miami Field Office; and Special Agent in Charge Amaleka McCall-Brathwaite of the SBA’s Office of Inspector General (SBA-OIG) Eastern Region made the announcement.
The IRS-CI, FBI, and SBA-OIG investigated the cases.
Assistant U.S. Attorney David Turken of the Southern District of Florida and Trial Attorney Philip Trout of the Criminal Division’s Fraud Section are prosecuting the case. Assistant U.S. Attorney Nicole Grosnoff is handling asset forfeiture.
Criminal complaints, informations, and indictments contain mere allegations and defendants are innocent unless and until found guilty in a court of law.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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 number 20-cr-60139.
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Scituate Resident Admits to Possessing, Distributing Child PornographyRead the Press Release
PROVIDENCE, R.I. – A Scituate man who admitted to sharing sexually explicit images of prepubescent girls with individuals he believed to be the parents of a 13-year-old girl pleaded guilty in federal court to charges of possession of child pornography and distribution of child pornography, announced Acting United States Attorney Richard B. Myrus.
David C. Duquette, 54, admitted to the court that in February 2019, during a series of online communications, he sent a person he believed to be the father of the girl at least two images of child pornography. The person Duquette was communicating with was, in fact, an undercover Homeland Security Investigations (HSI) agent.
According to court documents, the agent, who posed as both the mother and the father of the 13-year-old girl, engaged in a series of online exchanges with Duquette. In those exchanges, Duquette admitted to them that he had, in the past, communicated online with young teenage girls and that some of them shared sexually explicit images with him. When the agent, posing as the father of the 13-year-old girl suggested he too shared an interest in viewing child pornography, Duquette sent him two sexually explicit images depicting prepubescent girls.
At the time of his arrest on April 17, 2019, HSI agents discovered approximately 1,400 images of child pornography on a cellphone belonging to Duquette.
Appearing on Monday before U.S. District Court Chief Judge John J. McConnell, Duquette pleaded guilty to charges of possession of child pornography and distribution of child pornography. He is scheduled to be sentenced on March 22, 2022.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly.
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Rhinelander Man Sentenced to 100 Months for Possessing Stolen AmmunitionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Dustin LaPuma, 27, Rhinelander, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 100 months in prison for knowingly possessing stolen ammunition. LaPuma pleaded guilty to this charge on October 1, 2021.
On August 10, 2020, law enforcement officers from the Oneida County Sheriff's Office and Rhinelander Police Department encountered LaPuma during a traffic stop in Rhinelander. As one of the officers spoke with LaPuma, he admitted to having a firearm inside of his backpack. The officer determined LaPuma was on probation, searched LaPuma’s backpack, and found a pistol loaded with two rounds of Creedmore 9 mm ammunition.
During a post-arrest interview, LaPuma told officers that he received the loaded firearm after a party. LaPuma initially claimed he did not know the firearm was stolen; however, he later said that he knew someone took the firearm from the owner’s vehicle. LaPuma also told officers that someone offered him one gram of methamphetamine as payment for taking custody of the stolen firearm and ammunition.
At sentencing, Judge Conley highlighted LaPuma’s criminal history as a factor that supported a significant term of imprisonment. Judge Conley also noted that the firearm, a semi-automatic pistol capable of accepting a large capacity magazine, could have been used to hurt someone.
The charge against LaPuma was the result of an investigation conducted by the Oneida County Sheriff's Office, Rhinelander Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Chadwick M. Elgersma prosecuted this case.
Red Mesa Man Sentenced to 11 Years for Involuntary ManslaughterRead the Press Release
PHOENIX, Ariz. – Last week, Jarred Darnell Benally, 24, of Red Mesa, Arizona, was sentenced by U.S. District Judge Diane J. Humetewa to 132 months in prison. Benally previously pleaded guilty to two counts of Involuntary Manslaughter.
In October 2019, Benally was driving under the influence of alcohol when he struck the victim’s vehicle at 95 miles an hour. The impact caused the victim’s vehicle to collide with a second vehicle. Two individuals died from the collision. Benally and one victim are enrolled members of the Navajo Nation.
Navajo Nation Criminal Investigations conducted the investigation. Assistant U.S. Attorney Kiyoko Patterson, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-8034-PCT-JJT
RELEASE NUMBER: 2021-089_Benally# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Previously Deported Alien Sentenced to Eight Months’ ImprisonmentRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on November 30, 2021, Ramon Tavarez-Ramirez, age 49, was sentenced to time served of eight months’ imprisonment followed by one year of supervised release, by United States District Court Judge Sylvia Rambo for illegal re-entry of a previously deported alien.
According to United States Attorney John C. Gurganus, Tavarez-Ramirez pleaded guilty to having illegally reentered the United States sometime after his last removal in February 2003 following a conviction for a felony. In reentering the United States, Tavarez-Ramirez eluded examination or inspection by immigration officers. He was found in Adams County on March 21, 2021, when arrested for driving under the influence by the Eastern Adams Regional Police Department.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson prosecuted the case.
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Pequot Lakes Felon Pleads Guilty to Illegal Possession of Multiple Firearms, Ammunition, Methamphetamine on Eve of TrialRead the Press Release
ST. PAUL, Minn. – A Pequot Lakes felon has pleaded guilty to illegally possessing firearms, ammunition, and over 400 grams of methamphetamine, announced Acting U.S. Attorney Charles J. Kovats.
According to court documents, in the spring of 2019, the FBI learned that Nicholas Ronald Wynn, 35, was purchasing large quantities of firearms parts and accessories, body armor and other tactical gear, and chemicals and lab equipment used to manufacture narcotics, explosives, and firearms. On May 9, 2019, a team of law enforcement agents executed a search warrant at Wynn’s residence and discovered numerous parts and tools designed for building semiautomatic rifles and handguns; firearms accessories, multiple high-capacity magazines; several boxes of ammunition; and tactical gear, including a bullet-proof vest, ballistic plates, a bullet-proof helmet, and a bullet-proof facemask. The agents also located large amounts of methamphetamine and cocaine, packaging materials for selling drugs, recipes and chemicals for manufacturing methamphetamine, and more than 400 grams of methamphetamine. Wynn admitted at the sentencing hearing that he possessed the methamphetamine with the intent to distribute it.
According to court documents, after agents took Wynn into custody, he admitted that he had multiple firearms and ammunition stored in an off-site storage unit in Brainerd. Agents obtained a warrant for the storage facility and recovered five firearms, including semiautomatic handguns and an assault rifle, and multiple boxes and magazines of ammunition. Agents also searched Wynn’s rental property in Brainerd, which was occupied by renters. The renters advised the agents that they had been renting the house for approximately 10 months but did not have access to the garage. The renters indicated that Wynn accessed the garage multiple times a week, typically in the middle of the night, and had observed Wynn loading and unloading boxes to and from his truck into the garage. Agents executed a search warrant on the garage and recovered two segments of PVC pipe, capped on both ends in the manner used to make pipe bombs.
Because Wynn has multiple prior felony convictions in Crow Wing County, he is prohibited under federal law from possessing firearms or ammunition at any time.
Wynn, who was scheduled to go to trial on December 1, 2021, pleaded guilty earlier today before U.S. District Judge Wilhelmina M. Wright to one count of possessing a firearm as a felon, one count of possessing ammunition as a felon, and one count of possession with intent to distribute methamphetamine. A sentencing hearing will be scheduled for a later date.
This case is the result of investigations conducted by the FBI and the Crow Wing County Sheriff’s Office.
Assistant U.S. Attorneys Timothy C. Rank and Emily A. Polachek are prosecuting the case.
Pass Christian Man Sentenced to over Nine Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
Gulfport, Miss. – A Pass Christian man was sentenced to serve 110 months in federal prison and pay a $10,000 fine for being a convicted felon in possession of a firearm, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, on November 10, 2020, Mason Charles Brown, 33, knowingly possessed a firearm as a convicted felon. Brown had previous convictions for burglary of a dwelling in Harrison County, felony false pretense in Hancock County, and felony bad check in Harrison County.
Brown pled guilty on April 29, 2021 to being a felon in possession of a firearm.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison County Sheriff’s Office Narcotics Division.
Assistant U.S. Attorney Andrea Jones prosecuted the case.
Owner of tax preparation business and wife plead guilty to committing millions in COVID-19-related fraud and tax fraudRead the Press Release
ATLANTA - Tiyari Collins and Farah Collins, husband and wife, have pleaded guilty to defrauding the U.S. Small Business Administration (“SBA”) by obtaining approximately $1.9 million in fraudulent loans from the Paycheck Protection Program (“PPP”) and Economic Impact Disaster Loan (“EIDL”) program. Tiyari Collins, who owned and operated Collins Financial Services Group, a tax-preparation business based in metro Atlanta, also pleaded guilty to filing thousands of fraudulent tax returns resulting in a loss of at least $3.8 million to the IRS.
“The fraud here is outrageous,” said U.S. Attorney Kurt R. Erskine. “Tiyrai Collins defrauded the federal government amid a historic pandemic. It is unconscionable that he and his wife stole from government programs designed to support small businesses and their employees struggling as result of COVD-19 pandemic.”
“These guilty pleas are a victory for the American taxpayers,” said IRS-Criminal Investigation Special Agent in Charge James E. Dorsey. “It’s unfortunate that criminals continue to abuse the funds set aside to aid those impacted by the COVID-19 Pandemic. IRS-CI will continue to use our financial expertise to identify fraud, trace the funds, and bring the criminals to justice.”
“The Collins family greedily lined their pockets with stolen government funds intended to provide relief to small businesses and employees during the COVID-19 pandemic,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Their actions affect every tax paying citizen, in particular those who need help most. The FBI will make every effort to ensure federal funds are used as intended.”
According to U.S. Attorney Erskine, the charges and other information presented in court: The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) is a federal law enacted on March 29, 2020. It is designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. Additional funding was authorized by Congress in December 2020.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within eight weeks of receipt and use at least 75 percent of the forgiven amount for payroll.
In addition to the PPP, Congress also expanded the SBA’s EIDL Program to provide small businesses with low-interest loans of up to $2 million prior to in or about May 2020 and up to $150,000 beginning in or about May 2020. The purpose of these loans was to provide vital economic support to help overcome the loss of revenue small businesses are experiencing due to COVID-19. Applicants seeking a loan under the EIDL program were also permitted to request and receive an advance of approximately $1,000 per employee, for an amount up to $10,000, which the SBA has generally provided while the loan application was pending.
Tiyari Collins submitted applications for six fraudulent PPP loans and five fraudulent EIDL loans between approximately May 1, 2020 and June 30, 2020, totaling more than $1.9 million. Farah Collins was involved in submitting four of these fraudulent applications and received approximately $365,000 in the fraudulently distributed PPP and EIDL funds.
In the fraudulent PPP and EIDL loan applications, the Collinses falsely represented, among other things, the company’s average monthly payrolls, the number of employees working for the relevant company, and the company’s revenues. The Collinses also submitted false tax returns in connection with several of these applications. Tiyari Collins paid another individual to prepare the fraudulent payroll reports that were submitted as part of the applications. For example, Tiyari Collins asked this individual to prepare a fraudulent payroll report showing total yearly wages to be approximately $850,000 for Collins Financial Services Group, LLC (“CFSG”) and to make up employees if necessary.
The Collinses owned or controlled the following entities that sought these fraudulent PPP and EIDL loans: CFSG
- Collins Investment Services Group, LLC
- Collins Platinum Car Services, LLC
- Fab Financial Business Solutions
- Tax Dragon Professional Network LLC
- T&F Investment Group
- Tiyari Collins Agency, LLC
The Collinses used the fraudulently obtained funds for unauthorized expenditures, including spending hundreds of thousands of dollars on luxury goods, personal credit card bills, and office furnishings.
After the fraud was discovered, federal agents were able to seize approximately $588,900 of the fraudulent proceeds.
Separately, Tiyari Collins, through his tax preparation business, CFSG, filed and caused to be filed thousands of fraudulent federal tax returns between approximately January 2015 and April 2020, resulting in over $3.8 million in losses to the IRS. Tiyari Collins inflated the refunds for his clients by, among other ways, fraudulently claiming they qualified for certain Form 3800 Business Credits and by filing fraudulent Schedule Cs to reduce his clients’ taxable income. CFSG’s clients never authorized Tiyari Collins to include this materially false information in their federal tax returns. Agents from the Internal Revenue Service Criminal Investigation were able to detect and confirm this massive tax fraud, in part, with information provided by the IRS’s Scheme Detection Center, which had identified a pattern of suspicious returns that were connected to Tiyari Collins and his tax preparation businesses, by conducting an undercover operation, and with information obtained as a result of executing a federal search warrant at CFSG’s place of business in June 2020.
Tiyari Collins pleaded guilty to one count of conspiracy to commit wire fraud and one count of aiding and assisting in the preparation of a false tax return. Farah Collins pleaded guilty to one count of conspiracy to commit wire fraud.
Sentencing for Tiyari Collins, 38, and Farah Collins, 41, both of Atlanta, Georgia, is scheduled for March 15, 2022, at 9:30 a.m. and 11:30 a.m., respectively, before U.S. District Judge William M. Ray II
This case is being investigated by the Internal Revenue Service Criminal Investigation and Federal Bureau of Investigation.
Assistant U.S. Attorneys Alex R. Sistla and Thomas J. Krepp are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Omaha Woman Sentenced for Threatening VA Hospital EmployeesRead the Press Release
Acting United States Attorney Jan Sharp announced that Tina Hardin, age 53, of Omaha, Nebraska, was sentenced today to time served by Senior United States District Court Judge Joseph F. Bataillon for Influencing, Impeding, or Retaliating Against a Federal Official by Threat. Hardin has already served approximately 14 months’ imprisonment. There is no parole in the federal system. Hardin will now serve a 3-year term of supervised release with conditions regarding mental health treatment, substance abuse, and weapons possession.
On January 29, 2020, Hardin was brought to the Veterans Affairs Hospital in Omaha. Hardin was making homicidal and suicidal statements to the VA medical staff upon being dropped off, specifically, that she wanted to “shoot up the VA.” Hardin was a shuttle driver for the VA at the time. Hardin stated her plan was to gather weapons and magazines and shoot and kill 2 dispatchers with the VA shuttle service and a supervisor in the VA shuttle service. Hardin described the weapons she planned to use as an Uzi, an AR-15, a sawed-off shotgun, and a Glock 9mm handgun.
“VA personnel and the veterans they serve should feel safe while working and receiving care within VA facilities,” said Acting Special Agent in Charge Gavin McClaren with the VA Office of Inspector General’s Central Field Office. “The VA OIG and our law enforcement partners are committed to identifying and stopping individuals who would threaten VA personnel and operations.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
This case was investigated by the Veterans Affairs Police Department and the United States Department of Veterans Affairs, Office of the Inspector General – Criminal Investigations Division.
Omaha Men Sentenced for Conspiracy to Distribute Heroin and MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Shawn Smith, 45, and Justin Cotten, 47, both of Omaha, Nebraska, were sentenced on November 29, 2021 in federal court in Omaha for conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and for conspiracy to distribute 50 grams or more of methamphetamine. Senior United States District Judge Joseph F. Bataillon sentenced Smith to 60 months’ imprisonment on each count. The sentences are to run concurrently. Cotten was sentenced to 78 months’ imprisonment on each count. The sentences are to run concurrently. There is no parole in the federal system. After their release from prison, each will begin a 4-year term of supervised release.
On January 30, 2020, the United States Postal Inspection Service alerted the Drug Enforcement Administration of a suspicious package destined for an address in Blair, Nebraska. The address was known to investigators to be associated with Cotten and Smith. The following day, U.S. Postal Inspection Service obtained and executed a search warrant for the package and discovered approximately 166 gross grams of suspected heroin and approximately 352 gross grams of suspected methamphetamine.
This case was investigated by the Drug Enforcement Administration and United States Postal Inspection Service.
Ohio Man Sentenced to 30 Years for Traveling for Sex with a Minor and Receipt of Child PornographyRead the Press Release
LEXINGTON, Ky.— A Powell, Ohio, man, Syed Sheraz Ahmed, 40, was sentenced to 360 months in federal prison on Monday, by Chief U.S. District Judge Danny C. Reeves, after pleading guilty to traveling for sex with a minor and receiving a visual depiction of a minor engaging in sexually explicit conduct.
According to Ahmed’s plea agreement, he admitting to meeting a minor in the Fall of 2015, through Facebook, using a fictitious name. Ahmed then communicated with the minor over Facebook and Snapchat; and in September 2016, he made plans to drive, from his residence in Ohio to Kentucky, to meet the minor in person. Ahmed admitted to picking up the minor from her school and taking her to a motel, where they had sexual intercourse. Later, Ahmed was stopped by police and found in possession of sexually explicit images of the minor victim.
Ahmed pleaded guilty in July 2021.
Under federal law, Ahmed must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for life.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office; and Chief Rodney Richardson, Police Chief, Richmond Police Department, announced the sentence.
The investigation was conducted by the FBI and the Madison County Police Department. The United States was represented by Assistant U.S. Attorney Emily Greenfield.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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New York Man Sentenced to Two Years in Prison for Possessing Firearm as Previously Convicted FelonRead the Press Release
TRENTON, N.J. – A New York man with prior felony convictions was sentenced today to 24 months in prison for illegally possessing a firearm, Acting U.S. Attorney Rachael A. Honig announced.
Kevon Belfon, 35, of Jamaica, New York, previously pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging him with one count of being a felon in possession of a firearm. Judge Shipp imposed the sentenced today in Trenton federal court.
According to documents filed in this case and statements made in court:
On July 24, 2020, Belfon knowingly possessed a Taurus 9-millimeter semi-automatic handgun loaded with 10 rounds of ammunition in his vehicle in Stafford Township, New Jersey. Belfon has two prior felony convictions, one of which involved a firearm. As a previously convicted felon, Belfon is not permitted to possess firearms.
In addition to the prison term, Judge Shipp sentenced Belfon to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Newark Field Division, Trenton Field Office, under the direction of Special Agent in Charge Jeffrey L. Matthews; and the Stafford Township Police Department, under the direction of Chief of Police Thomas Dellane, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Ian D. Brater of the Criminal Division in Trenton.
Nashua Man Sentenced to 51 Months for Firearm ChargeRead the Press Release
CONCORD - Paul Channell, 31, of Nashua, was sentenced to 51 months in federal prison for being a felon in possession of a firearm and ammunition, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on December 13, 2020, Channell was arrested for driving under the influence by the Hudson Police Department. As a result of the arrest, a tow truck was called and the police began an inventory of the vehicle pursuant to their inventory policy. The police located a Glock 26 handgun with an extended magazine and a round in the chamber. Channell was prohibited from possessing a firearm and ammunition because he was convicted of a felony in 2018. He was also on supervised release at the time of his arrest.
Channell previously pleaded guilty on August 13, 2021.
“To protect our community from violent crime, it is vital to keep guns out of the hands of criminals,” said Acting U.S. Attorney Farley. “A convicted felon in possession of a loaded handgun presents a clear danger to public safety. We will continue to seek substantial prison sentences for armed criminals so that they cannot endanger the hardworking and law-abiding citizens of the Granite State.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Hudson Police Department. The case was prosecuted by Assistant U.S. Attorney Debra Walsh.
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.
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