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Friday 1 October 2021
“The Prescription Center” to Pay $57,073 in Civil Penalties for Recordkeeping Violations of the Controlled Substances ActRead the Press Release
HARRISBURG —The United States Attorney’s Office for the Middle District of Pennsylvania announced that “The Prescription Center,” located in Scranton, Pennsylvania, has agreed to pay the United States $57,073 in civil penalties for allegedly failing to comply with recordkeeping requirements of the Controlled Substances Act.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s recordkeeping and prescribing requirements are designed to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs. Under the CSA, entities registered with the DEA who purchase, distribute, dispense, transfer, or sell controlled substances must comply with inventory and documentation requirements, and are subject to compliance audits.
Regulations promulgated under the CSA require that each DEA registrant, including pharmacies, maintain complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of by the registrant. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. Violations of the record-keeping requirements subject DEA registrants to civil monetary penalties.
According to Acting United States Attorney Bruce D. Brandler, between March 2020 and March 2021, “The Prescription Center” failed to keep complete, timely, and accurate inventories and records regarding the receipt and dispensing of Schedule II, III, and IV controlled substances, including but not limited to hydrocodone, buprenorphine-naloxone, and alprazolam. As a result of the Center’s alleged actions and inactions, thousands of doses of controlled substances went unaccounted for.
The present civil investigation was prompted by a scheduled DEA audit in March 2021. “The Prescription Center” cooperated with the investigators and has since enhanced its recordkeeping and internal compliance program in response to concerns raised by the DEA in the course of this investigation. Although there are no allegations that any of the alleged unaccounted for controlled substances were diverted, this settlement addresses the independent obligation of “The Prescription Center” to ensure it has systems in place adequate to prevent improper dispensing, as required by 21 U.S.C. §§ 827, 842, and associated regulations.
“While no known actual diversion took place in this instance, pharmacies have a crucial responsibility to protect controlled substances from being diverted and potentially abused. Our nation remains in the midst of an opioid crisis, and the importance of keeping complete and accurate records of incoming and outgoing controlled substances at the pharmacy level cannot be overstated,” said Acting U.S. Attorney Brandler. “I commend the owners of “The Prescription Center” for taking this responsibility seriously and being proactive in this investigation to strengthen their systems and processes to protect their legitimate dispensing from diversion.”
This Settlement Agreement is neither an admission of liability by the pharmacy nor a concession by the United States that its claims are not well founded.
This case was investigated by Drug Enforcement Administration’s Diversion Control Division. The investigation was handled by Assistant United States Attorney, Harlan W. Glasser and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Yankton Woman Charged with Theft of Government Funds and Concealment of Information from SSI ProgramRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds and Concealment of Information from Supplemental Security Income (SSI) Program. The SSI program is administered by the U.S. Social Security Administration
Tina Marie Jensen, age 47, was indicted on September 9, 2021. She appeared before U.S. Magistrate Judge Veronica L. Duffy on September 22, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between September 9, 2016, and July 31, 2019, Jensen willfully and knowingly embezzled, stole, and purloined money from federal departments or agencies: Title XVI program benefits payments made to her child (for whom she was representative payee), Supplemental Nutrition Assistance Program benefits payments, and Medicaid coverage.
The Indictment also alleges that on or about October 2017, Jensen had knowledge of the occurrence of an event affecting her initial and continued right to receive payment of Title XVI SSI benefits. Specifically, Jensen knowingly failed to disclose a change in her household resources, in order to continue receiving and spending her child’s SSI benefits.
The charges are merely accusations and Jensen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Social Security Administration Cooperative Disability Investigation Unit. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Jensen was released on bond pending trial, which has been set for November 30, 2021.
West Texas Gas Companies Agree to Pay $3 Million Civil Penalty in Federal Settlement Requiring $5 Million in Safety Improvements and Clean Air Act Compliance at Eight Natural Gas Processing PlantsRead the Press Release
Five subsidiaries of West Texas Gas Inc. will spend up to $5 million on compliance measures in a settlement that resolves allegations in the United States’ complaint, lodged today, that they violated federal Clean Air Act chemical accident prevention requirements at several of their natural gas processing plants. The companies will pay more than $3 million in civil penalties to resolve claims stemming from fatal chemical accidents and accident prevention program violations.
In a related criminal case, another West Texas Gas subsidiary that operated a gas plant in Big Lake, Texas, – Big Lake Gas Plant L.P. – pleaded guilty to one count of negligent endangerment and one count of violating the Clean Air Act.
The settlement requires the subsidiaries to take steps to prevent chemical accidents and improve safety at eight natural gas processing plants that the companies own and operate. Seven plants are located in Texas and one is in New Mexico. The plants use a variety of chemical processes containing toxic substances and flammable hydrocarbons, such as butane, methane and propane.
“West Texas Gas’ Clean Air Act violations cost lives,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s settlement sends a strong message to industry that the Justice Department will vigorously enforce Clean Air Act requirements that protect workers, neighboring communities and the environment by preventing dangerous chemical releases like these.”
“This company’s blatant disregard of clean air regulations had devastating real-world consequences,” said Acting U.S. Attorney Prerak Shah for the Northern District of Texas. “Our hearts go out to the family of the employee killed in the chemical incident at the plant in Big Lake. We are proud to hold the company criminally responsible, and hopeful that the safety measures stipulated in the civil settlement will protect against similar incidents.”
“The tragic deaths due to the failure by West Texas Gas to safely manage hazardous chemicals, as required by law, demonstrates the severe dangers that these violations pose to workers, nearby communities and the environment,” said Acting Assistant Administrator Larry Starfield of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Today’s settlement requires West Texas Gas to take concrete steps to prevent future accidents and will improve air quality in the vicinity of these facilities.”
The civil complaint alleges that WTG Gas Processing L.P., WTG South Permian Midstream LLC and Davis Gas Processing Inc. violated section 112(r) of the Clean Air Act and the related chemical accident prevention regulations. The EPA identified the Clean Air Act violations addressed in today’s settlement during a series of inspections of the companies’ natural gas processing plants. The EPA inspections were initiated after a catastrophic fire in November 2015 killed an employee at WTG Gas Processing, L.P.’s East Vealmoor Gas Plant in Coahoma, Texas. Thousands of pounds of flammable and toxic substances were also released into the air. Other serious fires, resulting in millions of dollars of damage, occurred at some of the companies’ other plants, and an August 2018 leak of toxic hydrogen sulfide resulted in the death of another company employee in Big Lake, Texas.
Under the settlement, the companies must hire an outside, independent engineering firm to recommend actions that the companies will complete to improve process safety at six of the eight plants. The six plants must also implement an environmental management system to improve their compliance with all federal, state and local air pollution related requirements, not just those dealing with preventing chemical accidents. The companies have elected to permanently shut down the remaining two plants.
Section 112(r) of the Clean Air Act and the risk management program regulations contain a comprehensive set of requirements to prevent accidental releases of hazardous air pollutants, an important objective of the Clean Air Act. These regulations require owners and operators of facilities, such as natural gas processing plants, chemical plants and petroleum refineries to perform adequate and timely equipment inspections and repairs, train employees involved in the operation and maintenance of equipment, evaluate the hazards of the chemical processing equipment and ensure that operating procedures contain clear and comprehensive instructions to safely operate process equipment.
In the related criminal case against Big Lake Gas Plant L.P. arising out of the August 2018 leak, the plant admitted that it negligently released hydrogen sulfide into the ambient air. Hydrogen sulfide is a toxic gas that can compromise the human nervous system and respiratory tract and can cause life-threatening health effects if not handled properly. One employee died as a result of exposure sustained while working at the plant, and another employee was injured. The company further admitted that it knowingly failed to properly update its risk management plan following the incident, an update required by law.
Under the terms of its plea agreement, the plant agreed to pay a $3 million fine, and acknowledged it may be ordered to pay restitution to victims, as well as the costs of supervision.
Assistant U.S. Attorney Sean Taylor prosecuted the criminal case.
Today’s settlement is part of the Justice Department and the EPA’s ongoing efforts to protect public health and the environment by preventing industrial accidents involving hazardous chemicals.
The settlement was lodged today in the U.S. District Court for the Northern District of Texas. The settlement is subject to a 30-day public comment period and final court approval.
Watertown Man Charged with Possession of a Sawed-Off ShotgunRead the Press Release
SYRACUSE, NEW YORK – Rafael Rondon, age 23, of Watertown, New York was arraigned today in federal court in Syracuse on an indictment charging him with possession of an unregistered sawed-off shotgun at his residence, announced Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Rafael Rondon and his mother, Maryann Mooney-Rondon, 55, of Watertown, New York, both also appeared in court on a criminal complaint filed in the United States District Court for the District of Columbia containing the following charges stemming from the January 6, 2021 incident at the United States Capitol Building in Washington, D.C.
Theft of Government Property, 18 U.S.C. §§ 641 and 2 (Misdemeanor)
Obstruction of an Official Proceeding, 18 U.S.C. § 1512(c)(2) (Felony)
Entering/Remaining a Restricted Building, 18 U.S.C. § 1752(a)(1) (Misdemeanor)
Disorderly Conduct in a Restricted Building, 18 U.S.C. § 1752(a)(2) (Misdemeanor)
Entering/Remaining the Gallery of Congress, 40 U.S.C. § 5104(e)(2)(B) (Misdemeanor)
Entering/Remaining in Certain Rooms of Capitol Building, 40 U.S.C. § 5104 (e)(2)(C) (Misdemeanor)
Disorderly Conduct in Capitol Building, 40 U.S.C § 5104(e)(2)(D) (Misdemeanor)
Both Rafael Rondon and Maryann Mooney-Rondon appeared today in Syracuse, New York, before United States Magistrate Judge Therese Wiley-Dancks, and were released pending further court proceedings.
The charge against Rafael Rondon alleging his possession of an unregistered sawed-off shotgun carries a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.
A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. The charges in the indictment and criminal complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
These cases are being investigated by the Federal Bureau of Investigation (FBI), the United States Capitol Police, and the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with assistance from the New York State Police. The indictment charging Rafael Rondon in United States District Court for the Northern District of New York is being prosecuted by Assistant U.S. Attorneys Stephen Green and Richard Southwick. The case involving the January 6, 2021, Capitol breach is being prosecuted by the United States Attorney’s Office for the District of Columbia.
United States Attorney's Office for Eastern District of Oklahoma Obtains Forty-Six Indictments from Federal Grand JuriesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate August and two separate September sessions and returned forty-six felony indictments, including four superseding indictments.
From the four grand jury sessions in August and September, twenty-eight indictments were publicly filed and eighteen remain sealed pending arrest of the charged defendants. Twenty-three of the unsealed charges involve crimes arising out of Indian Country. Six of the unsealed indictments are for murder or involuntary manslaughter, four are for sex crimes, and the balance contain allegations of assault with intent to commit murder, assault resulting in serious bodily injury, domestic violence, firearms violations, burglary, and robbery (including attempted robbery). The five unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine, firearms violations, and traveling with the intent to engage in illicit sexual conduct.
The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.
Murder Cases:
United States v. Jeriah Scott Budder (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i), (ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j); Forfeiture Allegation - 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Cherokee County – Cherokee Nation Reservation]
United States v. Jeremy Matthew Girty – Count 1: Murder in Indian Country, Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]
United States v. Jimmy Louis Northcutt, Jr. (second superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 4: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Count 5: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 6: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 7: Possession of Stolen Firearm – 18 U.S.C. §§ 922(j) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pontotoc County – Chickasaw Nation Reservation]
United States v. James Eric Parker (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 4: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Carter County – Chickasaw Nation Reservation]
United States v. Troy Allen Stevenson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Sequoyah County – Cherokee Nation Reservation]
Sexual Assault:
United States v. Dustin Kane Adams – Count 1: Aggravated Sexual Abuse of Child Under 12 in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(c), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152 [Johnston County – Chickasaw Nation Reservation]
United States v. Clay Lee Scrivener – Count 1: Lewd and Indecent Touching of a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13 & 21 O.S.A. § 1123(A)(2) [Carter County – Chickasaw Nation Reservation]
United States v. Montelito Sanchez Simpkins (superseding indictment) – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1152 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeffrey Brent Thomas – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 5: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 6: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
Other Violent Crimes:
United States v. Michael Paul Blagg – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Bryan County – Chickasaw Nation Reservation]
United States v. Cameron Dale Bowden – Count 1: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 2: Burglary in the Third Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(B) [Haskell County – Choctaw Nation Reservation]
United States v. Justin Blake Castillo – Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Terrell Eugene Delozier – Count 1: Domestic Violence in Indian Country – 18 U.S.C. §§ 2261(a)(1), 2261(b)(3), 1151 & 1152; Count 2: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 1431; Count 4: Use, Carry and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii); Count 5: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kody Fields, FVS-CHVTV Amos Lawhead, and Jimmy Dale Brown – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 2, 1151 & 1153; Count 2: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A) & 2 [Cherokee County – Cherokee Nation Reservation]
United States v. Raymond David Goldman – Count 1: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and In Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) ) [Cherokee County – Cherokee Nation Reservation]
United States v. Ronald Edward Good – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Carter County – Chickasaw Nation Reservation]
United States v. Andy Matthew Hyden a/k/a Andrew Mathew Hyden – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Felon in Possession of Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Pittsburg County – Choctaw Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. § 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Hunter Caleb Spence – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [LeFlore County – Choctaw Nation Reservation]
United States v. Amada Edith Winship – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pittsburg County – Choctaw Nation Reservation]
Non-Indian Crimes:
United States v. Eugene Lee Dozier, Sr. – Count 1: Engaging in the Business of Dealing, Importing, and Manufacturing Firearms without a License – 18 U.S.C. §§ 922(a)(1)(A) & 924(a)(2); Count 2: Transferring a Firearm to an Out of State Residence – 18 U.S.C. §§ 922(a)(5) & 924(a)(1)(D) [Pittsburg County]
United States v. Nicolas Isaiah Franco, a/k/a Nicholas Isaiah Franco – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B) [Adair County]
United States v. Jeremy Matthew Girty – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C); Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 3: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [Carter County]
United States v. Bryan Todd Richardson, II – Count 1: Travel with Intent to Engage in Illicit Sexual Conduct – 18 U.S.C. § 2423(b); Count 2: Transportation of a Minor with Intent to Engage in Criminal Sexual Activity – 18 U.S.C. § 2423(a); Count 3: Travel With Intent to Engage in Illicit Sexual Conduct - 18 U.S.C. §§ 2423(b) [Wagoner County]
United States v. Bendrick Anthony Whitfield – Count 1: Possession With Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(A); Count 2: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 4: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 5: Felon in Possession of a Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [McCurtain County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
USP Lee Inmate Sentenced for Possessing a Weapon Inside the PrisonRead the Press Release
ABINGDON, Va. – An inmate at USP Lee in Jonesville, Virginia was sentenced this week to 41 months of additional incarceration for possessing a weapon inside the prison.
According to court documents, Jose Soto-Ramirez, 35, possessed a weapon inside USP on December 22, 2019. He was sentenced this week to 41 additional months of incarceration and a 3-year term of supervised release.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia made the announcement.
The investigation of the case was conducted by the Federal Bureau of Prisons.
Special Assistant U.S. Attorney Christine M. Hummert prosecuted the case for the United States.
U.S. Attorney’s Office Announces Convictions in Six Federal Firearms and Fentanyl Cases This Week Involved in the Project Safe Neighborhood Gun Violence Reduction ProgramRead the Press Release
Baltimore, Maryland – Today, the U.S. Attorney’s Office for the District of Maryland announced convictions in six federal cases involving firearms and fentanyl that are being prosecuted in U.S. District Court in Baltimore. These six cases were brought pursuant to initiatives of the U.S. Attorney’s Office designed to reduce gun violence and to stop the sale of fentanyl in Baltimore.
“The successful prosecutions and convictions in these six firearms and fentanyl cases demonstrates the United States Attorney’s Office’s commitment to addressing gun violence and the trafficking of fentanyl,” said Acting United States Attorney Jonathan F. Lenzner. “Our strategy to reduce violent crime in Baltimore relies on enforcement efforts to prosecute those individuals who are driving the violence and importing deadly drugs, as well as community outreach and prevention efforts to help potential offenders make better choices for themselves and their families and communities. I would like to thank all of the prosecutors, investigators and community outreach specialists for their dedication to making our communities safer places to live for all residents. All of us in Baltimore are in this fight against violent crime together.”
The six project safe neighborhood convictions from this week include:
United States v. Sedrick Sutton: On September 17, 2021, U.S. District Judge Ellen L. Hollander sentenced Sutton to five years in federal prison for being possessing a stolen firearm. As a result of an altercation observed on a city watch camera, law enforcement identified Sutton as an individual that was present at the altercation. At the time of the altercation, Sutton possessed a handgun in his waistband. Officers arrived at the scene and located Sutton. As a result of a search of Sutton’s persons, officers recovered a loaded handgun from his waistband.
United States v. Daiquan Mayo: On September 29, 2021, U.S. District Judge Ellen L. Hollander sentenced Mayo to 50 months in federal prison followed by three years of supervised release for being a felon in possession of a firearm. Mayo was apprehended for his participation in a non-fatal West Baltimore shooting near Edmonson Village. Mayo was a passenger in a vehicle involved in the shooting. As law enforcement officers stopped the vehicle, Mayo fled on foot and threw a loaded .40 caliber pistol off of his persons. Ballistics analysis concluded that the firearm Mayo threw matched the gun used in the shooting minutes earlier.
United States v. Damien Parker: On September 28, 2021, U.S. District Judge Richard D. Bennett sentenced Parker to 60 months in federal prison for being a felon in possession of a firearm. The sentencing comes as a result of officers observing Parker conducting a suspected drug transactions Baltimore, Maryland. Officers also observed the Parker conducting "security checks" which is a characteristic of an armed individual. Patrol officers responded to the block and arrested Parker. As a result of a search, officers recovered a loaded firearm, 43 jugs of suspected cocaine packaged for distribution.
United States v. Jeffrey Keyser: On September 28, 2021, U.S. District Judge Richard D. Bennett sentenced Keyser to 44 months in federal prison for being a felon in possession of a firearm. The sentencing comes as a result of a traffic stop on a vehicle that Keyser was operating. As officers approached Keyser’s vehicle, Kesyer sped away and crashed into another car. When pulling Keyser out of the vehicle, police found a firearm on the floor by the driver-side front door. Swabs from non-bloodied portions of the gun returned a match for Keyser's DNA. Keyser also made incriminating statements over jail calls.
United States v. George Graham: Today, Graham is scheduled to be sentenced before U.S. District Judge Stephanie A. Gallagher for possession of a firearm as a prohibited person. The sentencing comes as a result of officers using real time investigations, and conducting a traffic stop of Graham’s vehicle for illegal tint and a cracked windshield. During the stop, officers noted the order of marijuana coming from the vehicle and asked the Graham to step out of the vehicle. Graham admitted to having marijuana on his person. As officers searched the vehicle, Graham attempted to flee the scene. As a result of the search, officers recovered a loaded firearm from the center console.
United States v. Qarier Lovelace: Today, Lovelace is expected to enter a guilty plea for being a felon in possession of a firearm before U.S. District Judge Stephanie A. Gallagher. The plea comes as a result of officers responding to a hospital alter for an non-fatal shooting victim. Upon responding, officers spoke with a male who advised he had been shot while present at a dispute between his girlfriend and another woman. While present at the scene, a male walked through the parking lot before approaching the group, advising the women to resolve their dispute, and shooting the male in the leg. Upon reviewing a photo, a victim identified Lovelace as the shooter. Based on this, officers obtained and executed a search warrant associated with Lovelace. As a result of the search warrant, Officers recovered a safe with two loaded firearms, ammunition, two knotted bags of white powder, and paperwork bearing Lovelace’s name. One of these firearms was reported stolen from a federal firearm license in 2017. Lovelace’s fingerprints were located on the firearm. Officers also recovered parts of a revolver, ammunition, bags of white and brown powders, drug paraphernalia, and a digital scale. CDS analysis showed the presence of heroin and cocaine. During a post-Miranda interview, the defendant admitted to living at the residence, ownership of the drugs, and ownership of the safe.
The continued success of the firearm reduction initiative in Baltimore is in part due to the work of the Special Assistant U.S. Attorneys (SAUSAs) who work in the U.S. Attorney’s Office and are employed by the Maryland Attorney General’s Office and the Office of the State’s Attorney for Baltimore City and funded through grants from the Governor’s Office of Crime Prevention, Youth & Victim Services.
In the effort to positively influence and encourage previous offenders to pursue a crime-free lifestyle, the United States Attorney’s Office for the District of Maryland supports and often participates in previous offender re-entry efforts. On October 13, 2021, the USAO-MD is supporting a re-entry resource fair hosted by the Bridge Center at Adam’s House, the Prince George’s County Reentry Advisory Board, the Prince George’s County State’s Attorney Office, and the Prince George’s County Department of Corrections at the Palmer Park Community Center from 10 a.m. to 2 p.m. The re-entry event will connect past offenders with employment opportunities as well as educational, financial, health resources, and more. For more information on the re-entry event, please visit https://twitter.com/USAO_MD/status/1444010091896836130.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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.
For more information on the Maryland U.S. Attorney’s Office’s Project Safe Neighborhoods program (PSN), a unified and comprehensive strategy to combat gun crime that combines local, state and federal law enforcement efforts; community outreach; and public awareness, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile.
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U.S. Attorney Announces a $125,520 Award from the U.S. Department of Justice to Address Residential Substance Abuse Treatment for State/Territorial Prisoners in the U.S. Virgin IslandsRead the Press Release
ST. THOMAS, USVI – U.S. Attorney Gretchen C.F. Shappert announced today that the U.S. Virgin Islands Law Enforcement Planning Commission has received a $125,520 grant from the U.S. Department of Justice in support of residential substance abuse treatment for state/territorial prisoners.
The award from the Bureau of Justice Assistance supports the vital work of the U.S. Virgin Islands Law Enforcement Planning Commission’s efforts to increase services to state/territorial prisoners.
“The Law Enforcement Planning Commission provides substance abuse offenders essential treatment programs during and after incarceration in the U.S. Virgin Islands,” Shappert said. “These funds support direct services to assist offenders in their recovery from substance abuse.”
The Residential Substance Abuse Treatment (RSAT) for State Prisoners Program assists states, territories, and local governments to develop and implement substance abuse treatment programs in state, territory, and local correctional and detention facilities and to create and maintain community-based aftercare services for offenders. The goal of the RSAT Program is to break the cycle of drugs and violence by reducing the demand for, use, and trafficking of illegal drugs. RSAT enhances the capability of states, territories, and units of local government to provide residential substance abuse treatment for incarcerated inmates; prepares offenders for their reintegration into the communities from which they came by incorporating reentry planning activities into treatment programs; and assists offenders and their communities through the reentry process through the delivery of community-based treatment and other broad-based aftercare services. The grantee will use the RSAT funds to implement up to three types of programs: residential, jail-based, and aftercare.
The Bureau of Justice Assistance (BJA) offers funding through a variety of different programs. Learn about funding webinars, apply to become a peer reviewer, find information about previously available solicitation, and see award details. Learn more at www.bja.ojp.gov/funding.
U.S. Attorney Announces a $10,233 Award from the U.S. Department of Justice to Support the Prosecutors and Public Defenders Incentive Program in the U.S. Virgin IslandsRead the Press Release
ST. THOMAS, USVI – U.S. Attorney Gretchen C.F. Shappert announced today that the U.S. Virgin Islands Law Enforcement Planning Commission has received a $10,233 grant from the U.S. Department of Justice in support of the John R. Justice Prosecutors and Public Defenders Incentive Program.
The award from the Bureau of Justice Assistance (BJA) supports the U.S. Virgin Islands Law Enforcement Planning Commission’s efforts to retain skilled public defenders and prosecutors in the Territory.
“These funds encourage the continued service of skilled public defenders and prosecutors within the U.S. Virgin Islands,” Shappert said.
The John R. Justice (JRJ) Grant Program (also referred to as the John R. Justice Student Loan Repayment Program or JRJSLRP) provides student loan repayment assistance for local, state, territorial and federal public defenders and local, state, and territorial prosecutors who commit to extended service in those roles. To administer this program, BJA provides each of the 50 states, the territories, and the District of Columbia the opportunity to apply for formula funding to support a tuition and loan repayment program for eligible beneficiaries working within the states, territory's, or District’s jurisdiction. These designated agencies shall establish and maintain a statewide JRJ Grant Program consistent with the Act and programmatic guidance provided by BJA. Once the state/territory has received the grant award, the state/territory administering agency is responsible for outreach, education, and solicitation of applications from eligible beneficiaries. The state/territory will ensure grant funds for loan repayment are allocated fairly between prosecutors and public defenders, with a priority placed on those eligible beneficiaries who have the least ability to repay their loans.
The Bureau of Justice Assistance (BJA) offers funding through a variety of different programs. Learn about funding webinars, apply to become a peer reviewer, find information about previously available solicitation, and see award details here.
Two New Orleans Men Sentenced in Connection with the 2013 Murder of Loomis Armored Guard Hector TrochezRead the Press Release
NEW ORLEANS, LA – United States Attorney Duane A. Evans announced today, that on September 30, 2021, LILBEAR GEORGE, 31, and CHUKWUDI OFOMATA, 35, both of New Orleans, were each sentenced by U.S. District Judge Lance Africk to 480-month terms of imprisonment. Both men previously pleaded guilty to Using, Carrying, Brandishing, and Discharging of a Firearm in Furtherance of a Crime of Violence, a violation of Title 18, United States Code, Sections 924(c)(1)(A)(iii), 924(j)(1), and 2, which resulted in death, to wit: the December 18, 2013 murder of Hector Trochez. After their terms of imprisonment, GEORGE and OFOMATA will be supervised by the U.S. Probation Office for five years. They each must pay a mandatory $100 special assessment fee. The Court ordered that restitution be paid to Loomis Armored in the amount of $265,000.
According to court documents, on the morning of December 18, 2013, GEORGE and OFOMATA robbed the Loomis armored vehicle as it was making a delivery of approximately $265,000 to the Chase Bank branch located at the intersection of S. Carrollton and S. Claiborne Avenues. GEORGE and OFOMATA learned about the Loomis deliveries from a known individual who was employed at that Chase branch.
As the Loomis guard, Hector Trochez, prepared to make the delivery, GEORGE and OFOMATA, both armed, exited their vehicle (a Chevy Tahoe stolen by GEORGE in preparation for the robbery), and ordered Trochez to give up the money. Trochez pulled his weapon and fired at the robbers. OFOMATA and GEORGE fired their weapons in Trochez’s direction. Trochez was fatally struck on the left side of his forehead and suffered a graze wound to his elbow. One of the robbers ran towards the rear of the Loomis truck and took possession of the money bag before re-entering the Tahoe. The robbers fled the Chase Bank parking lot.
A witness, seated in a vehicle at the corner of S. Claiborne and S. Carrollton Avenues observed the shooting and provided a description of the shooters and the vehicle they occupied. That witness followed the Chevy Tahoe as it fled the location of the shooting/robbery. During the vehicle’s flight, one of the shooters fired at the witness’s vehicle in an attempt to stop the witness from following. The witness observed the Chevy Tahoe arrive at the 1700 block of Adams Street and saw the robbers exit the Chevy Tahoe and enter the awaiting Honda Accord. After the individuals entered the Honda Accord, they fled the Adams Street location, leaving the Chevy Tahoe behind.
The Chevy Tahoe was recovered by the New Orleans Police Department and searched pursuant to a federal search warrant. During the search, FBI agents observed that the steering wheel column of the vehicle had been breached. Agents located two screwdrivers on the floorboard of the Tahoe. The screwdrivers were collected and submitted for DNA testing at the Louisiana State Police Crime Laboratory. An unknown DNA profile, later confirmed to be that of GEORGE, was recovered from one of the screwdrivers. Based on the recovery of GEORGE’s DNA from the screwdriver, an arrest warrant was issued.
Co-defendants Jeremy Esteves and Robert Brumfield III were found guilty by a jury at trial in November 2019. Co-defendant Jasmine Theophile, GEORGE’s girlfriend, previously pled guilty to obstructing justice. They will be sentenced on October 13, 2021.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation along with the New Orleans Police Department and the Louisiana State Police. Assistant United States Attorneys Brittany L. Reed, Gregory M. Kennedy, and Inga C. Petrovich are prosecuting the matter.
Two McIntosh County men sentenced to federal prison for armed robbery, other chargesRead the Press Release
SAVANNAH, GA: Two McIntosh County men indicted as part of a major drug trafficking operation have been sentenced to federal prison for charges including armed robbery.
John Hope Jr., 28, of Townsend, Ga., was sentenced to 111 months in prison followed by three years of supervised release and ordered to pay $677 in restitution after pleading guilty to Interference with Commerce by Robbery and Brandishing a Firearm During and in Relation to a Crime of Violence, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia.
Hope’s co-defendant in the robbery, Tyler Marshall, 27, also of Townsend, was sentenced to 93 months in prison followed by three years of supervised release and ordered to pay $677 in restitution after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine, Heroin, and Cocaine, and Interference with Commerce by Robbery. There is no parole in the federal system.
“These two men chose to not only participate in a drug trafficking organization that spread poison throughout south Georgia, but also terrorized innocent people at gunpoint,” said Acting U.S. Attorney Estes. “They well deserve their time in prison.”
Hope and Marshall were among 17 defendants indicted in July 2020 in Operation Krack Down, an Organized Crime Drug Trafficking Task Forces (OCDETF) investigation that targeted a drug trafficking organization in Liberty, Bryan, McIntosh, and Wayne counties with ties to the Ghost Face Gangsters criminal street gang. At the time of the indictment, Hope and Marshall were in custody for the Jan. 3, 2020, armed robbery of a Liberty County gas station.
Three other defendants in Operation Krack Down have been sentenced to federal prison terms of up to 181 months after pleading guilty to drug trafficking charges, while six defendants await sentencing after pleading guilty. Five others are awaiting trail and are presumed innocent unless or until proven guilty, and one defendant, Cruz Lawson, 33, of Jesup, Ga., is a fugitive.
“The mission of DEA is unwavering – we relentlessly pursue drug traffickers,” said Robert J. Murphy, the Special Agent in Charge of the Drug Enforcement Administration’s Atlanta Field Division. “These defendants and their organization distributed dangerous drugs that caused immeasurable damage to the McIntosh County community. These sentences are a perfect example of how the law enforcement community and the U.S. Attorney’s Office work together to remove violent criminals from our streets.”
“Drugs and violence have no place in Georgia. Citizens deserve to feel safe, however, these two men threatened this coastal community and are being now held accountable,” said Vic Reynolds, Director of the Georgia Bureau of Investigation. “The GBI values its partnership with federal and local agencies, including prosecutors, to ensure justice is served.”
Operation Krack Down was investigated under the Organized Crime Drug Enforcement Task Forces. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Agencies investigating the case include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals Service, the Georgia Bureau of Investigation (GBI), the McIntosh County Sheriff’s Office, the Bryan County Sheriff’s Office, the Liberty County Sheriff’s Office, and the Richmond Hill Police Department, and prosecuted for the United States by OCDETF Coordinator and Assistant U.S. Attorney Marcela C. Mateo.
Two Individuals Convicted of Murder and Extortion of Queens Business OwnerRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Ppassim Elder, also known as “Bsam,” “Big Sam” and “Sam,” and Wilbert Bryant, also known as “Will” and “La,” of extortion, bank fraud, firearms and murder offenses. The verdict followed a three-week trial before by United States District Judge William F. Kuntz, II. When sentenced, the defendants face up to life in prison.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Dermot F. Shea, Commissioner, New York City Police Department, announced the verdict.
“With today’s verdict, a jury has held the defendants accountable for their heinous crimes, including the murder of a Queens business owner while attempting to collect a debt they claimed was owed by the victim’s son,” stated Acting United States Attorney Kasulis. “This Office and our law enforcement partners are working tirelessly to protect the communities in our district from violent criminals like the defendants who will now face very serious consequences for their actions.” Ms. Kasulis also expressed her appreciation to the Queens County District Attorney’s Office for their assistance during the investigation and prosecution.
As proven at trial, on the morning of October 23, 2017, Bryant and two other perpetrators walked into Garden Valley Distributors, a family-owned wholesale distribution business located in Ozone Park, Queens. The perpetrators said that “Big Sam” had sent them to collect his money. Earlier that year, Elder, who was known as “Big Sam,” had given the murder victim’s son money, which the son used to support the business. When Elder demanded full repayment, the son was unable to repay the debt because much of the money had been used to purchase merchandise for Garden Valley. Elder then began a campaign of intimidation against the son and his family. On one occasion, Elder paid co-conspirators to throw a rock through a window of the victim’s home. On another, Elder barged into the family home, intimidating members of the victim’s family. Finally, Elder dispatched Bryant and two co-conspirators into Garden Valley business where, on October 23, 2017, the perpetrators brandished a firearm, pistol-whipped the son and fatally shot the father in the face.
In addition to the murder, Elder extorted another person whose brother had stolen the proceeds of a fraud scheme committed by Elder. Although the victim was not involved in the theft, Elder nonetheless punched him in his face in front of his daughters, breaking and bloodying his nose in order to “send a message” to the victim’s brother. Elder and Bryant were also convicted of bank fraud conspiracy for lying to banks about the true owner of certain bank accounts, which permitted Elder to defraud innocent victims across the country, including an elderly man who lost over $30,000 when he was tricked into believing he was purchasing a car and another individual who lost over $150,000 when he was defrauded into believing he was purchasing two real estate properties. Elder was also convicted of crimes committed after his arrest in this case, including stealing his attorney’s identity and lying to federal officials.
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 Keith D. Edelman, Genny Ngai and Anna L. Karamigios are in charge of the prosecution.
The Defendants:
PPASSIM ELDER (also known as “Bsam,” “Sam” and “Big Sam”)
Age: 42
Staten Island, New YorkWILBERT BRYANT (also known as “Will” and “La”)
Age: 57
Brooklyn, New YorkE.D.N.Y. Docket No. 18-CR-92 (S-5) (WFK)
Turkish National Pleads Guilty to Conspiracy to Commit Health Care and Wire Fraud in “Birth Tourism” SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Ibrahim Aksakal pleaded guilty to conspiring to commit health care and wire fraud in connection with a so-called “birth tourism” scheme in Suffolk County between approximately 2017 and 2020. The scheme facilitated pregnant Turkish women fraudulently entering the United States using tourist and business visas to give birth so that their children would obtain birthright citizenship and medical benefits. As part of his plea, Aksakal consented to the forfeiture of $397,500 as proceeds linked to his role in the scheme. Today’s proceeding was held before United States District Judge Joanna Seybert.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Timothy D. Sini, District Attorney for Suffolk County; Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General, New York Region (HHS-OIG); Frank T. Walsh, Jr., Acting Medicaid Inspector General, New York State Office of the Medicaid Inspector General (OMIG); and Stuart Cameron, Acting Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.
“With today’s plea, Aksakal admits to an outrageous scheme in which he caused the Medicaid program to disburse more than $1 million in benefits for pregnant Turkish nationals who, masquerading as tourists, entered the United States under false pretenses to obtain birthright citizenship for their newborns,” stated Acting U.S. Attorney Kasulis. Ms. Kasulis also thanked the United States Department of State, Diplomatic Security Service, for its assistance with the case.
“This was an extremely complex, international investigation that led law enforcement to the core of this scheme right here in our backyard,” stated District Attorney Sini. “More than $1 million of American citizens’ hard-earned money was stolen through this conspiracy, and today’s plea holds its ringleader accountable. We will not tolerate the theft of taxpayer money in any form, and will continue to work with all of our law enforcement partners to target, arrest and prosecute anyone trying to take advantage of the system.”
“The criminality of birth tourism manipulates our visa and immigration systems and diverts precious financial resources from an already exhausted health care system that serves our local communities to combat COVID-19 and other critical needs,” stated HSI Special Agent-in-Charge Fitzhugh. “This is a criminal organization that threatens our homeland and preys on the vulnerable. HSI, along with its valued partners, will continue to use every resource to dismantle and bring those responsible to justice.”
“Millions of people in New York depend on Medicaid for vital services, and taxpayers across the state pay for that care,” stated HHS-OIG Special Agent-in-Charge Lampert. “When individuals like Mr. Aksakal use this program to perpetrate fraud, they divert precious funding that puts the future availability of Medicaid and other public assistance programs at risk. HHS-OIG and our law enforcement partners will continue to aggressively root out fraud schemes and hold criminals accountable.”
“Medicaid fraud, as this egregious scheme represents, threatens the health and safety of beneficiaries, wastes tax payer dollars and drains essential resources from the health care delivery system,” stated Acting OMIG Inspector General Walsh. “My office will continue to be vigilant, particularly in these most challenging times in responding to the COVID-19 pandemic, and work closely with our law enforcement partners to protect the integrity of the Medicaid program, hold wrong doers fully accountable, and preserve precious health care resources.”
“Healthcare fraud is an issue that hurts both the individuals who rely on these services and the taxpayers who ultimately get stuck with the bill,” stated SCPD Commissioner Cameron said. “This is the first time the Suffolk County Police Department handled a birth tourism case and I would like to commend the efforts of our Criminal Intelligence detectives as well as our partners in law enforcement who successfully worked on this case while also sending a message to others exploiting birth tourism—bilking the system and swindling our residents is not be an acceptable practice here in Suffolk.”
From at least January 2017 to the September 2020, Aksakal and his co-conspirators advertised a birth tourism scheme on two Turkish-language Facebook pages, www.facebook.com/ bebegimamerikadadogsun and www.facebook.com/amerikadadogum.org, and a Turkish-language website https://amerikadadogum.org. Translated into English, “bebegimamerikadadogsun” means “My baby should be born in America,” and “amerikadadogum” means “Giving Birth in America.” As translated, some of the defendants’ advertisements stated, “If you believe your baby should be born in the USA and become a U.S. citizen then you are at the right place. . . . [W]e at ‘Bebegim Amerika Dogsun’ . . . will provide future mothers and fathers this opportunity, with minimal costs . . . .” The advertisements further stated that fees paid by pregnant women – approximately $7,500 nearly all in cash – would include transportation, “insurance” to cover the costs of pre-natal, delivery and post-natal medical care, assistance with the process for applying for United States citizenship on behalf of children born in connection with the scheme and consultation in Turkish concerning health care issues. Aksakal and his co-conspirators also instructed the women to conceal their pregnancies.
The pregnant women stayed in one of seven “birth houses” that Aksakal maintained in Center Moriches, Dix Hills, East Northport, East Patchogue, Smithtown and West Babylon, New York. In addition to facilitating fraudulently obtained Medicaid benefits and lodging and transportation of the pregnant women, Aksakal and his co-conspirators also advertised the scheme on websites. As a result of the scheme, Medicaid disbursed more than $1 million in fraudulently obtained benefits.
When sentenced, Aksakal faces up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Bradley T. King and Oren Gleich and Special Assistant United States Attorney Jeremy Glicksman are in charge of the prosecution.
The Defendant:
IBRAHIM AKSAKAL (also known as “Dennis”)
Age: 49
East Patchogue, New YorkE.D.N.Y. Docket No. 20-CR-400 (JS)
Tulsa Man Sentenced to More than 30 Years in Prison for Raping a MinorRead the Press Release
A Tulsa man who forced a minor to perform sex act in return for basic necessities was sentenced this week in federal court, announced Acting U.S. Attorney Clint Johnson.
Chief U.S. District Judge John F. Heil III sentenced James Damien McIntosh, 43, to a total of 365 months in federal prison followed by a lifetime of supervised release.
On May 11, 2021, McIntosh pleaded guilty to incest in Indian Country and attempted coercion and enticement of a minor. McIntosh admitted to knowingly engaging in sexual intercourse with a minor female from March 18, 2015, to Dec. 10, 2019. He further admitted to using his cell phone to coerce the minor into sexual activity.
According to court documents, the minor disclosed to authorities that she had been raped by McIntosh numerous times starting in 2015. She told officers that the defendant would send electronic messages using code words to coerce her into sex acts with him. McIntosh would make her perform the sex acts in exchange for privileges and basic necessities like clothing and toiletries. He would also threaten the victim and physically assault the victim if she did not comply with his demands.
The FBI and Tulsa Police Department investigated the case. Assistant U.S. Attorneys Sandra M. Urban and Christopher J. Nassar prosecuted the case.
Tractor-Trailor Driver from Illinois Sentenced for Transporting Minor from Virginia to South Dakota and Engaging in Criminal Sexual ActivityRead the Press Release
ABINGDON, Va.– A Cahokia, Illinois man was sentenced yesterday to 180 months in prison for transporting a minor from Virginia to South Dakota with the intent to engage in criminal sexual activity.
According to court documents, David Skaggs, 33, was an over-the-road tractor-trailer operator. In 2015, Skaggs started communicating on Facebook with a 15-year-old boy in Lee County, Virginia. Over the course of several months, Skaggs and the boy, “AA,” developed a friendly relationship and Skaggs became acquainted with AA’s family, including AA’s younger sister, victim “KL,” who was 13 years old.
In August 2015, Skaggs took AA and KL on a long-distance trip in his tractor-trailer. Skaggs picked up AA and KL in Lee County and drove them to South Dakota. After stopping at a truck stop in South Dakota, Skaggs bought the two minors alcohol, and they all drank while sitting in the truck. After AA was asleep, Skaggs had sexual intercourse with KL in the sleeper portion of Skaggs’ truck. KL later gave birth to Skaggs’s child.
“David Skaggs befriended the victim’s family to gain their trust only to later identify and abuse the young victim after driving her halfway across the country,” Acting United States Attorney Daniel P. Bubar said today. “Today’s sentence reflects the serious nature of his offense and just how serious this Justice Department approaches cases involving the abuse of children. I am grateful to the FBI, Lee County Sheriff’s Office and the Virginia Department of Social Services for the professional manner in which they handled this very serious and very delicate matter.”
“The FBI is committed to the safety and well-being of our community members, especially minors who unsuspectingly become associated with online predators and are victimized through betrayal and exploitation,” Special Agent in Charge of the FBI’s Richmond Division, Stanley M. Meador said today. “FBI Richmond will continue to work with our local, state, and federal partners to identify, investigate and prosecute these criminals and provide appropriate resources for the victims. If you know of or suspect someone has inappropriate contact with a minor, please report it to law enforcement immediately.”
The Federal Bureau of Investigation, Lee County Sheriff’s Department, and Virginia Department of Social Services investigated the case.
Assistant U.S. Attorney Whit D. Pierce is prosecuting the case.
Three Generic Pharmaceutical Companies Agree to Pay Almost Half a Billion Dollars to Resolve Alleged False Claims Act Liability, Bringing Total Payments for Price-Fixing to Nearly $900 MillionRead the Press Release
PHILADELPHIA – Acting U.S. Attorney Jennifer Arbittier Williams announced that three generic pharmaceutical manufacturers, Taro Pharmaceuticals U.S.A., Inc., Sandoz Inc., and Apotex Corporation, have agreed to pay a total of $447.2 million to resolve alleged violations of the False Claims Act arising from conspiracies to fix the price of various generic drugs. These conspiracies allegedly resulted in higher drug prices for federal health care programs according to the Justice Department. These civil recoveries follow criminal deferred prosecution agreements, under which the three companies previously paid a total of $424.7 million.
The government further alleges that between 2013 and 2015, all three companies paid and received remuneration prohibited by the Anti-Kickback Statute through arrangements on price, supply, and allocation of customers with other pharmaceutical manufacturers for certain generic drugs manufactured by the companies.
Taro Pharmaceuticals U.S.A., Inc., headquartered in New York, has agreed to pay $213.2 million. The Taro drugs allegedly implicated in this scheme address a wide variety of health conditions and include etodolac, a nonsteroidal anti-inflammatory drug used to treat pain and arthritis, and nystatin-triamcinolone cream and ointment, a combination of an antifungal medicine and steroid used to treat certain kinds of skin infections.
Sandoz Inc., headquartered in New Jersey, has agreed to pay $185 million. The Sandoz drugs at issue include benazepril HCTZ, used to treat hypertension, and clobetasol, a corticosteroid used to treat skin conditions.
Apotex Corporation, headquartered in Florida, has agreed to pay $49 million in connection with its sale of pravastatin, a drug used to treat high cholesterol and triglyceride levels.
“This series of civil settlements should serve as a wake-up call for the generic drug industry. Generic drug companies must and will be held accountable for price-fixing schemes which not only cause massive financial harm to federal health care programs, but also may impact the care available to patients,” said Acting U.S. Attorney Williams. “We will continue to aggressively pursue these violations of the Anti-Kickback Statute and the False Claims Act and obtain significant recoveries.”
“Illegal collaboration on the price or supply of drugs increases costs both to federal health care programs and beneficiaries,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department will use every tool at its disposal to prevent such conduct and to protect these taxpayer-funded programs.”
“Conspiring to raise prices on generic medications is illegal and could prevent patients from being able to afford their needed prescription drugs. Americans have the right to purchase generic drugs set by fair and open competition, not collusion,” said Maureen R. Dixon, Special Agent in Charge of the Philadelphia Regional Office of the Inspector General, Department of Health and Human Services (HHS-OIG). “HHS-OIG along with our law enforcement partners will continue to investigate allegations of companies engaging in actions that put the public and the Medicare program at risk.”
In connection with its settlement agreement, each company also entered a five-year corporate integrity agreement (CIA) with OIG. The CIAs include unique internal monitoring and price transparency provisions. They also require the companies to implement compliance measures including risk assessment programs, executive recoupment provisions, and compliance-related certifications from company executives and Board members.
“These kickback schemes harm Medicare, Medicaid, and patients,” said Gregory E. Demske, Chief Counsel to the Inspector General at the U.S. Department of Health and Human Services. “The CIAs promote transparency and accountability by requiring the companies to report price-related information to OIG and mandating individual certifications by key executives involved in pricing and contracting functions.”
“Protecting TRICARE, the healthcare system for U.S. military members and their dependents, is a top priority for the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “When pharmaceutical corporations artificially inflate prices, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program. The settlement agreements announced today are the result of a joint effort and demonstrate the ongoing commitment of DCIS to work with our law enforcement partners, DOJ Civil Frauds and the USAO-EDPA, to investigate healthcare fraud.”
The Anti-Kickback Statute prohibits companies from receiving or paying remuneration in return for arranging the sale or purchase of items such as drugs for which payment may be made by a federal health care program. These provisions are designed to ensure that the supply and price of health care items are not compromised by improper financial incentives. These settlements reflect the important role of the False Claims Act to ensure that the United States is fully compensated when it is the victim of kickbacks paid to further anticompetitive conduct.
All three companies previously entered into deferred prosecution agreements with the Antitrust Division to resolve related criminal charges. Taro paid a criminal penalty of $205.6 million and admitted to conspiring with two other generic drug companies to fix prices on certain generic drugs. Sandoz paid a criminal penalty of $195 million and admitted to conspiring with four other generic drug companies to fix prices on certain generic drugs. Apotex paid a criminal penalty of $24.1 million and admitted to conspiring to increase and maintain the price on pravastatin. The civil settlement payments announced today are in addition to the criminal penalties paid by the companies.
Today’s civil settlements are the third, fourth, and fifth arising from this investigation and were handled by the U.S. Attorney’s Office for the Eastern District of Pennsylvania in conjunction with the Civil Division’s Commercial Litigation Branch (Fraud Section), with investigative support from the HHS-OIG, DCIS, the Defense Health Agency Program Integrity Office, and the Office of Inspector General for the Department of Veterans Affairs. The matters were handled by Assistant U.S. Attorneys Landon Y. Jones III, Rebecca S. Melley and Anthony D. Scicchitano, in conjunction with Senior Trial Counsels Jennifer L. Cihon and Laurie A. Oberembt of the Civil Fraud Section.
Except for those facts admitted to in the deferred prosecution agreements, the claims resolved by the civil settlements are allegations only, and there has been no determination of liability.
Three Current and Former NYPD Officers Charged with BriberyRead the Press Release
An indictment was unsealed today in federal court in Brooklyn charging James Davneiro, Giancarlo Osma, and Michael Perri with one count of conspiracy to violate the Travel Act and one count of using interstate facilities to commit bribery. During the relevant period, Davneiro, Osma, and Perri were New York City Police Department (“NYPD”) officers assigned to the 107th Precinct in Queens. Perri retired from the NYPD in June 2020.
The defendants were arrested this morning and are scheduled to be arraigned this afternoon before United States Magistrate Judge Lois Bloom.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Michael J. Driscoll Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot Shea, Commissioner, NYPD, announced the charges.
“As alleged in the indictment, these defendants disgraced their badges and betrayed the public trust and their oaths as police officers by lining their pockets with cash bribes,” stated Acting U. S. Attorney Kasulis. “We will continue to root out and prosecute corruption by those who are sworn to enforce and uphold the law.” Ms. Kasulis also thanked the National Insurance Crime Bureau for its assistance with the case.
“Accepting bribes as a law enforcement officer in lieu of following legal procedure is against the law and won't be tolerated. Those charged today aren't representative of the tens of thousands of men and women who serve the NYPD with honor day in and day out and, as such, will be held accountable for their alleged crime,” stated FBI Assistant Director-in-Charge Driscoll.
“The NYPD cleans its own house. Corruption is a crime and a violation of a police officer’s sworn oath. This investigation is the third phase of an ongoing case where our Internal Affairs Bureau investigators left no stone unturned. I want to thank our FBI partners from the Public Corruption Unit, and the prosecutors of the U.S. Attorney’s Office for the Eastern District of New York who have helped guide this case throughout,” stated NYPD Commissioner Shea.
Beginning in approximately May 2020, after Davneiro and Osma responded as NYPD officers to automobile accidents, they would steer the damaged vehicles to a licensed tow trucking and automobile repair business operated by Perri, instead of using the NYPD’s Directed Accident Response Program, as legally required. That program requires the NYPD to identify appropriate licensed tow trucking and automobile repair businesses to respond to automobile accident scenes and remove damaged vehicles. In exchange for steering the removal and repair of damaged vehicles to Perri’s business, Perri paid Davneiro and Osma thousands of dollars in cash bribes.
The charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to five years in prison.
The government’s case is being prosecuted by the Office’s Public Integrity Section. Assistant United States Attorneys Ryan C. Harris and Olatokunbo Olaniyan are in charge of the prosecution.
The Defendants:
JAMES DAVNEIRO
Age: 42
Bayside, New YorkGIANCARLO OSMA
Age: 39
Deer Park, New YorkMICHAEL PERRI
Age: 32
East Islip, New YorkE.D.N.Y. Docket No. 21-CR-508 (RPK)
Texas Man Sentenced to 10 Years for Plotting to Attack Data CentersRead the Press Release
A Texas man who plotted to blow up a data center in Virginia was sentenced today to 10 years in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Seth Aaron Pendley, 28, was arrested in April after attempting to obtain an explosive device from an undercover FBI employee in Fort Worth. He pleaded guilty in June to malicious attempt to destroy a building with an explosive and was sentenced today by U.S. District Judge Reed C. O’Connor.
“The Justice Department is constantly on guard for threats posed by violent domestic extremists,” said Acting U.S. Attorney Prerak Shah. “As this case shows, radicals are lurking on the internet, looking for ways to lash out – and far too often, they move their plans off of the web and into the real world. We are indebted to the FBI employee who put his life on the line to disrupt Mr. Pendley’s plot before he could inflict real harm on data center workers, and are proud of today’s sentence.”
“Seth Aaron Pendley’s sentence is an affirmation of the work the North Texas Joint Terrorism Task Force performs around the clock to disrupt threats while keeping our community safe from harm,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “The public’s vigilance in reporting suspicious or threatening behavior is key to law enforcement’s ability to take quick action to prevent injuries and the destruction of property.”
In plea papers, Mr. Pendley admitted that he disclosed his plan to blow up an Amazon data center to a confidential source in January.
In late February, he sent the source a list of potential targets and said he hoped a successful attack could “kill off about 70% of the internet.” When the source offered to help him obtain C4 explosives to use in the attack, Mr. Pendley responded enthusiastically. He later showed the source a hand-drawn map of his chosen data center and described how he planned to disguise his car to evade detection by law enforcement.
In late March, the confidential source introduced Mr. Pendley to an individual who he claimed was his explosives supplier, but was actually an undercover FBI employee. In recorded conversations, Mr. Pendley allegedly told the employee he planned to attack web servers that he believed provided services to the FBI, CIA, and other federal agencies.
“The main objective is to f*** up the Amazon servers,” he said, adding that he hoped to anger “the oligarchy” enough to provoke a reaction that would convince the American people to take action against what he perceived to be a “dictatorship.”
During that same conversation, Mr. Pendley claimed to have been present at the Jan. 6 attack on the U.S. Capitol. He said that although he did not enter the building, he came prepared with a sawed off AR rifle, which he left in his car.
On April 8, Mr. Pendley again met with the undercover FBI employee to pick up what he believed to be explosive devices. (In actuality, however, the undercover gave Mr. Pendley inert devices.) After the employee showed Mr. Pendley how to arm and detonate the devices, the defendant loaded them into his car. He was then arrested.
A subsequent search of his residence in Wichita Falls turned up an AR-15 receiver with a sawed off barrel, a pistol painted to look like a toy gun, masks, wigs, notes, and flashcards related to the planned attack.
The FBI’s Dallas Field Office, Wichita Falls Resident Agency and FBI’s North Texas Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Robert Boudreau and Jay Weimer of the Northern District of Texas are prosecuting the case with the assistance of Trial Attorney Alexandra Hughes of the National Security Division.
Stephan Man Sentenced for Assault and Firearm ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Stephan, South Dakota, man convicted of Assault with a Dangerous Weapon and Brandishing of a Firearm During and in Relation to a Crime of Violence was sentenced on September 21, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Robert Johnson, a/k/a Pitbull, age 43, was sentenced to 108 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 $200.
Johnson was indicted by a federal grand jury on October 14, 2020. He pled guilty on June 21, 2021.
The conviction stemmed from an incident that occurred on June 20, 2020, in Lower Brule, South Dakota. Johnson approached an individual while brandishing a shotgun. In the course of a brief struggle, the shotgun fired and struck the victim in the shoulder region. Johnson fled the scene, and the shotgun was recovered the next day.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
St. Thomas Man Sentenced After Conspiring to Bring over 6 Kilograms of Marijuana Thru the Henry E. Rohlsen Airport on St. CroixRead the Press Release
St. Croix, USVI – U.S. Attorney Gretchen C.F. Shappert announced that Tarik Babrow, age 24, of St. Thomas, appeared before District Court Judge Wilma A. Lewis and was sentenced today on the charge of Conspiracy to Possess Marijuana with Intent to Distribute.
Babrow was sentenced to a term of 9 months in prison, followed by 3 years of supervised release, received a $1,000 fine, and $100 special assessment. Additionally, $2,871 was ordered forfeited.
According to court documents, on February 11, 2021, Babrow and three other co-conspirators flew into the Henry E. Rohlsen Airport on St. Croix on American Airlines flight number 2003 from Charlotte, North Carolina. Upon their arrival, several pieces of luggage were selected for physical inspection after anomalies were observed while the luggage was examined by an X-ray machine. A subsequent search revealed several clear, vacuum sealed bundles containing a green, leafy substance, which later field-tested positive for marijuana. In total, approximately 6.33 kilograms of suspected marijuana was seized from Babrow and his co-conspirators. In addition, $2,871 was seized from him as drug trafficking proceeds.
Customs and Border Protection and Homeland Security Investigations investigated the case.
Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Southwest Virginia Man Sentenced for Conspiring to Traffic Methamphetamine from Georgia into Lee and Wise CountiesRead the Press Release
ABINGDON, Va.– A Wise County, Virginia man was sentenced this week to 135 months in prison for conspiring with others to traffic methamphetamine from Georgia into Lee and Wise counties for redistribution.
According to court documents, Cory Austin Hammond, 23, purchased significant quantities of methamphetamine from co-defendant Daniel Rowland and other sources in Georgia. Hammond then transported the drugs into Lee and Wise County for redistribution. Hammond admitted today to purchasing more than 500 grams of methamphetamine between July 1, 2019 and December 31, 2020.
Hammond pleaded guilty in June 2021 to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and one count of distributing methamphetamine.
Rowland, along with co-defendants Jonathan Adam Rollins, Jessica Ann Robey, Eric Matthew Glass, and Justin Shane Cress were indicted in February 2021 and are pending trial.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia and Special Agent in Charge Charlie J. Patterson for the Bureau of Alcohol, Tobacco, Firearms and Explosives made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Southwest Virginia Drug Task Force are investigating the case.
Assistant U.S. Attorney Lena Busscher is prosecuting the case.
Six-Time Convicted Felon Sentenced to 37 Months Imprisonment for Illegal Possession of AmmunitionRead the Press Release
East St. Louis, Ill. – A man from the Metro East will spend more than three years in prison for
illegally possessing firearm ammunition. Keithen D. Chairs, 25, was sentenced to 37 months in
federal prison for being a Felon in Possession of Ammunition.
The crime occurred in July of 2020 when the United States Marshals Service located Chairs in an
East St. Louis apartment and arrested him for multiple active warrants. Chairs was in
possession of a backpack which contained 23 rounds of (9 mm) ammunition. Federal law prohibits
convicted felons from possessing firearms and firearm ammunition. A federal grand jury indicted
Chairs for being a Felon in Possession of Ammunition in November of 2020, and Chairs pled guilty on
May 25, 2021.As part of his sentence, Chairs will serve a three-year term of supervised release following his
release from federal prison.The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),
United States Marshals Service Great Lakes Regional Fugitive Task Force, and the St.
Louis Metropolitan Police Department.
The case was prosecuted by Assistant United States Attorneys Christopher Hoell and John Trippi.
Saugus Woman Pleads Guilty to Trafficking Counterfeit Percocet Pills Containing FentanylRead the Press Release
BOSTON – A Saugus woman pleaded guilty yesterday in federal court in Boston to her role in a large-scale drug trafficking organization that manufactured and distributed hundreds of thousands of counterfeit Percocet pills containing fentanyl.
Nicole Benton, 45, pleaded guilty to conspiracy to manufacture, distribute and possess with intent to distribute fentanyl and other controlled substances and possessing a firearm in furtherance of a drug trafficking conspiracy. U.S. District Court Judge Allison Burroughs scheduled sentencing for Jan. 20, 2022. Benton was charged on June 30, 2021 along with co-conspirators Vincent Caruso, Laurie Caruso and Ernest Johnson, who have pleaded not guilty.
According to the charging documents, Benton was a member of a large drug trafficking organization (DTO) operated by Vincent Caruso, a self-admitted Crip gang member, that included Johnson and Vincent Caruso’s mother, Laurie Caruso, among others. The DTO allegedly sold counterfeit prescription pills containing fentanyl – produced using multiple large pill presses capable of generating thousands of pills per hour – to street gangs for further distribution on the North Shore of Massachusetts. A single counterfeit fentanyl pill allegedly retails between $10-$20, thereby generating millions of dollars in retails sales.
Benton admitted to distributing more than 100,000 pressed fentanyl pills on behalf of the organization. Based upon pills seized during the investigation, 100,000 pills would equate to more than 10 kilograms of fentanyl. During a search of Benton’s residence on June 30, 2021, approximately 40 grams of fentanyl pills and a firearm were seized.
The charge of conspiracy to manufacture, distribute and possess with intent to distribute 40 grams or more of fentanyl provides for a sentence of up to life in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of conspiracy to manufacture, distribute and possess with intent to distribute 400 grams or more of fentanyl provides for a sentence of up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. The charge of possessing a firearm in furtherance of a drug trafficking offense provides for a mandatory consecutive sentence of five years and up to life in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based on 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; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Division; and Colonel Christopher Mason, Superintendent of the Massachusetts States Police made the announcement. Assistance was provided by the Essex, Middlesex and Suffolk County District Attorneys’ Offices; Essex, Middlesex and Suffolk County Sheriffs’ Departments; Boston, Cambridge, Chelsea, Danvers, Everett, Lynn, Malden, Salem, Saugus, Somerville and Revere Police Departments; U.S. Attorney’s Office for the District of Maine; Maine Drug Enforcement Agency; Bolton (ME), Bangor (ME), Portland (ME) and Westbrook (ME) Police Departments; and Hancock County Sheriff’s Department. Assistant U.S. Attorneys Philip A. Mallard and Sarah Hoefle of Mendell’s Organized Crime and Gang Unit is prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
San Mateo Man Sentenced to More Than 11 Years in Prison for Receiving Child PornographyRead the Press Release
SAN FRANCISCO – Adrian Kyle Benjamin was sentenced today in federal court to 135 months in prison for his conviction for the receipt of child pornography, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The sentence was handed down by United States District Judge Susan Illston.
Before sentencing today, Benjamin, 25, of San Mateo, pleaded guilty to the July 30, 2018, receipt of child pornography. Benjamin admitted in his plea agreement filed today that in 2018 he began communicating with a girl based in Washington state whom he knew was 14 years old. Benjamin enticed the 14 year old to engage in sexually explicit conduct and to send him visual depictions of her engaging in the conduct. Benjamin admitted he received approximately seven images and three videos from this minor depicting sexually explicit conduct.
Benjamin further admitted in his plea agreement that he similarly exploited three other minor victims, enticing them also to engage in sexually explicit conduct and to send him visual depictions of it. He admitted that he communicated in 2018 with a minor victim based in Australia who told him she was 13 years old. Benjamin convinced her to make and send him three videos of herself engaging in sexually explicit conduct. Similarly, Benjamin admitted that he communicated in 2018 with a minor girl in Texas who informed him she was 15 years old. He convinced her to send images and videos of her sexually explicit conduct, and she made and sent Benjamin 50 images and four videos. In at least two of these videos, Benjamin provided specific instructions as to the conduct to be recorded. Benjamin further admitted in his plea agreement that in 2019 he communicated with a minor Canadian high school student. As stated in a sentencing memorandum filed by the government, in one communication Benjamin joked that the minor victim was “old” because she was 17 years old. Benjamin convinced her to send five videos and one image of her engaged in sexually explicit conduct.
Benjamin also admitted in his plea agreement that he attempted to entice at least two other minor victims to engage in sexually explicit conduct and send visual depictions of the conduct to him. One of them lived in California, and the other lived in Connecticut. These minor girls told Benjamin that they were between 14 and 15 years old.
The 135 month prison sentence for Benjamin was handed down today following Benjamin’s guilty plea to the receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2) and (b)(1). United States District Judge Susan Illston also sentenced the defendant to a ten year period of supervised release following his release from prison.
Mohit Gourisaria and Molly Priedeman are the Assistant U.S. Attorneys who are prosecuting the case with the assistance of Veronica Hernandez and Maribel Gallegos. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Readout of Justice Department Leadership Meeting with Members of the National Task Force to End Sexual and Domestic ViolenceRead the Press Release
Yesterday U.S. Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta convened a virtual listening session with Members of the National Task Force to End Sexual and Domestic Violence to discuss the unmet needs of survivors and the ways in which the Violence Against Women Act (VAWA) could be improved and strengthened to help to meet those needs. The Attorney General, Deputy Attorney General and Associate Attorney General were joined by leadership of the Justice Department’s Office on Violence Against Women (OVW).
At the outset of the meeting, Attorney General Garland reaffirmed that combating gender-based violence has long been and remains today a priority for the Justice Department. The Attorney General discussed the department’s FY 2022 Budget request, which includes an historic investment of $1 billion to support the work of the OVW. He noted that he was serving as Principal Associate Deputy Attorney General in 1995 when the Justice Department first established a dedicated office to address domestic violence and sexual assault.
The Deputy Attorney General also shared her own experience working to end gender-based violence, namely as a staff member on the Senate Judiciary Committee in the early 1990’s, when the Violence Against Women Act was first passed. Among the Deputy Attorney General’s responsibilities was gathering personal stories from individual survivors to illustrate the dire need for stronger legal protections.
Members of the National Task Force to End Sexual and Domestic Violence spoke about the importance of VAWA and the work of OVW over the past quarter century, including funding many of our nation’s first comprehensive rape crisis centers; recognizing tribal jurisdiction over non-Indian perpetrators of domestic violence; dedicating resources to enhance culturally-specific services and reach underserved communities, and reducing homicides through federal firearms prohibitions. The advocates emphasized the critical need for reauthorizing VAWA.
Attorney General Garland and Deputy Attorney General Monaco praised the national advocacy organizations for their efforts on behalf of survivors of sexual and domestic violence and thanked them for sharing their expertise and insights from the field in responding to these crimes. And the Deputy Attorney General closed the meeting by emphasizing the department’s commitment to working tirelessly for the swift reauthorization of VAWA this year, about which she will testify this Tuesday before the Senate Judiciary Committee.
Rapid City Man Charged with EscapeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced Rapid City, South Dakota man, has been indicted by a federal grand jury for Escape from Custody and Criminal Contempt.
David Low Dog, age 36, was indicted on July 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to five years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 21, 2021, Low Dog, who was on a temporary furlough, failed to comply with an order issued by the U.S. District Court and escaped from the custody of the U.S. Marshals Service from the Hughes County Jail in Pierre, South Dakota.
The charges are merely accusations and Low Dog is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Low Dog was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Public Safety is a Collaborative Effort Between Cops and CommunityRead the Press Release
Acting U.S. Attorney Teresa A. MooreAs a community member and a career prosecutor, I recognize that local, state, and federal law enforcement officers play a vital role in the welfare of our community. Law enforcement, however, can’t solve public safety problems alone. Protecting the safety of our community, preventing and reducing crime, and preserving peace and justice, is a collaborative effort between law enforcement and the entire community.
National Community Policing Week, Oct. 3-9, 2021, is an opportunity to reaffirm our commitment to supporting and advancing the practice of community policing. Community policing is a public safety philosophy based on partnership and cooperation between law enforcement and the communities that they are sworn to protect. At the center of community policing is the idea that all members of the community, both officer and civilian, have a stake in the safety of their neighborhoods where they live and work.
This week’s observance is a timely reminder of the need to fortify the bonds between law enforcement and the community. Unfortunately, those relationships become strained at times. Although most of the community shares the goals of public safety and crime prevention, we aren’t always working well together as a team. Perhaps National Community Policing Week would be a good time to take steps toward building and maintaining trust between officers and community members. This is critical to addressing both the concerns of the community and needs of law enforcement. Some of these underlying tensions won’t be resolved overnight, but we can take constructive action to strengthen the vital relationship between law enforcement and the community.
Community policing encourages interactive partnerships with community groups, nonprofits, faith-based organizations, businesses, and other stakeholders in the community. Indeed, police officers are members of many of these groups, and share their vested interest in the well being of the community. It is equally important for police officers to be honored for their sacrifices and supported by their communities as it is for the members of those communities to feel they are being served fairly and justly by our men and women in blue. Community policing strives to strike that balance.
The Department of Justice has invested heavily in the concept of community policing. For example, the department provides resources to the Office of Community Oriented Policing Services for hiring police officers across America, including police departments in this district, and advancing 21st-century policing efforts. The department provides millions of dollars in grants to agencies that demonstrate robust community policing initiatives.
National Community Policing Week is a timely reminder that solutions to the problem of crime and violence will only be as healthy and long-lasting as the relationship between law enforcement and the community.
Teresa A. Moore
Acting United States Attorney
Western District of Missouri
Port Saint Joe Man Sentenced to Thirty Years on Drug and Firearm ChargesRead the Press Release
PANAMA CITY, FLORIDA – Ruben Ivan Fuller, 44, of Port Saint Joe, Florida, has been sentenced to thirty years in federal prison after previously pleading guilty to drug and firearm charges. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.
Fuller’s criminal history includes eight prior felony convictions, six of which involved narcotics distribution. Given the nature of his prior convictions, Fuller qualified as an Armed Career Criminal and a Career Offender and was subject to increased Federal sentencing penalties.
“Those who repeatedly commit serious crimes are deserving of significant prison sentences,” stated Acting U.S. Attorney Coody. “Due to the collective efforts of the Tyndall Air Force Base Security Forces, the Bay County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration, this armed drug trafficker has been called to account for his continued criminal conduct, and the community is safer as a result.”
Court documents reflect that between November 2018, and February 2019, Fuller received kilogram quantities of methamphetamine from various sources, which he resold to lower-level drug dealers. On July 26, 2019, Tyndall Air Force Base Security Forces conducted a traffic stop during which Fuller was found in possession of marijuana, 48.72 grams of methamphetamine, a .380 pistol and ammunition, and $8640 cash. On August 16, 2019, investigators with the Bay County Sheriff’s Office observed Fuller walk inside of a residence for which a search warrant was to be executed. Fuller was carrying a brown paper bag at the time. A few minutes later, Fuller left the residence, still carrying the paper bag. Fuller was followed as he drove away from the residence and his vehicle stopped by the Bay County Sheriff’s Office. The brown paper bag was found to contain 482.6 grams of methamphetamine. A second bag containing an additional 27.4 grams of methamphetamine was also found in Fuller’s vehicle.
“This sentence demonstrates that drug traffickers looking to bring drugs and violence into our communities will be held accountable for their actions,” said DEA Miami Field Division Acting Special Agent in Charge La Verne Hibbert. “This sentence also emphasizes the DEA Miami Field Division’s commitment to working with our law enforcement partners in keeping our communities safe from drug related violence.”
As a result of his criminal conduct, Fuller pled guilty to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine, possession with intent to distribute methamphetamine, possession of a firearm in furtherance of a drug trafficking offense, and possession of ammunition by a convicted felon.
“ATF continues to work vigorously with our law enforcement partners to ensure the safety and protection of the communities that we serve,” said ATF Special Agent in Charge, Craig W. Saier, “and to make sure the armed career criminals in possession of firearms are prosecuted to the fullest extent of the law.”
“The Bay County Sheriff's Office remains committed to valuable partnerships between law enforcement entities that strengthen our capabilities to protect and serve,” said Bay County Sheriff Tommy Ford. “Anyone attempting to bring drugs and violence onto our streets will face an effective, unified team safeguarding our communities.”
This case resulted from a joint investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Bay County Sheriff’s Office, Tyndall Air Force Base Security Forces, and the Parker Police Department, with assistance from the Florida Department of Law Enforcement, the Franklin County Sheriff’s Office, and the Calhoun County Sheriff’s Office. Assistant United States Attorney James A. McCain prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works 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.
As part of its PSN strategy, the United States Attorney’s Office is encouraging everyone to lock their car doors, particularly at night. Burglaries from unlocked automobiles are a significant source of guns for criminals in the Northern District of Florida. Please do your part and protect yourself by locking your car doors.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Poplar Bluff Man Sentenced for Carrying More Than a Kilo of Fentanyl Aboard TrainRead the Press Release
KANSAS CITY, Mo. – A Poplar Bluff, Missouri, man was sentenced in federal court today for smuggling more than a kilogram of fentanyl in his luggage aboard a train that stopped in Kansas City, Mo., from Los Angeles, Calif., bound for St. Louis, Mo.
Joseph D. Christie, 43, was sentenced by U.S. District Judge Brian C. Wimes to 10 years and 10 months in federal prison without parole.
On May 20, 2021, Christie pleaded guilty to one count of possessing fentanyl with the intent to distribute.
Christie admitted he was in possession of approximately 1.1 kilograms of fentanyl when he was arrested at a Kansas City train station on March 8, 2021. A Kansas City police detective noticed a strong odor of marijuana when Christie walked past him after disembarking from a train originating in Los Angeles. Christie told the detective he was on his way to St. Louis. A police drug detection dog alerted on Christie’s suitcase. Christie initially refused to allow the detective to search the suitcase and was placed under investigative arrest while the detective applied for a search warrant. Christie said he didn’t understand why he was going to jail for a small amount of marijuana. The detective informed him that the Jackson County Prosecutor no longer charged marijuana possession cases involving personal-use amounts of marijuana; if all he had in his suitcase was personal-use marijuana, the marijuana would be seized and he could continue his travels.
Christie then allowed his suitcase to be searched. The detective found two plastic dispensary jars of personal-use marijuana and a container of personal-use methamphetamine. The detective also found, hidden in a folded pair of jeans, a vacuum-sealed heat-sealed bag that contained fentanyl.
This case was prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Kansas City, Mo., Police Department and the Drug Enforcement Administration.
Pittsburgh Man Charged with Making False Statements to Purchase FirearmsRead the Press Release
PITTSBURGH, PA – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearm laws, Acting United States Attorney Stephen R. Kaufman announced today.
The six-count Indictment, returned on September 28, and unsealed today, named Earl Eggleton, age 51, of Duncan Street, Pittsburgh, PA, as the sole defendant.
According to the six-count Indictment, on or about June 28, 2020, October 18, 2020, November 23, 2020, January 27, 2021, and twice on February 7, 2021, Eggleton made false statements during the purchase of firearms.
The law provides for a maximum total sentence of not more than ten (10) years, a fine not to exceed $250,000 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 Brendan J. McKenna is prosecuting this case on behalf of the government.
The Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmaceutical Companies Pay over $400 Million to Resolve Alleged False Claims Act Liability for Price-Fixing of Generic DrugsRead the Press Release
Three generic pharmaceutical manufacturers, Taro Pharmaceuticals USA, Inc., Sandoz Inc. and Apotex Corporation, have agreed to pay a total of $447.2 million to resolve alleged violations of the False Claims Act arising from conspiracies to fix the price of various generic drugs. These conspiracies allegedly resulted in higher drug prices for federal health care programs and beneficiaries according to the Justice Department.
The government alleges that between 2013 and 2015, all three companies paid and received compensation prohibited by the Anti-Kickback Statute through arrangements on price, supply and allocation of customers with other pharmaceutical manufacturers for certain generic drugs manufactured by the companies.
Taro Pharmaceuticals USA, Inc., headquartered in New York, has agreed to pay $213.2 million. The Taro drugs allegedly implicated in this scheme address a wide variety of health conditions, and include etodolac, a nonsteroidal anti-inflammatory drug used to treat pain and arthritis, and nystatin-triamcinolone cream and ointment, a combination of an antifungal medicine and steroid used to treat certain kinds of skin infections.
Sandoz Inc., headquartered in New Jersey, has agreed to pay $185 million. The Sandoz drugs at issue include benazepril HCTZ, used to treat hypertension, and clobetasol, a corticosteroid used to treat skin conditions.
Apotex Corporation, headquartered in Florida, has agreed to pay $49 million in connection with its sale of pravastatin, a drug used to treat high cholesterol and triglyceride levels.
“Illegal collaboration on the price or supply of drugs increases costs both to federal health care programs and beneficiaries,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will use every tool at its disposal to prevent such conduct and to protect these taxpayer-funded programs.”
“These civil settlements are another achievement in my office’s efforts to hold generic drug companies accountable for the consequences arising from price-fixing schemes, including the harm to federal health care programs,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “We will continue to aggressively pursue these violations of the Anti-Kickback Statute and the False Claims Act and obtain significant recoveries.”
“Conspiring to raise prices on generic medications is illegal and could prevent patients from being able to afford their needed prescription drugs. Americans have the right to purchase generic drugs set by fair and open competition, not collusion,” said Special Agent in Charge Maureen R. Dixon of the Philadelphia Regional Office of the Inspector General, Department of Health and Human Services (HHS-OIG). “HHS-OIG along with our law enforcement partners will continue to investigate allegations of companies engaging in actions that put the public and the Medicare program at risk.”
In connection with its settlement agreement, each company also entered a five-year corporate integrity agreement (CIA) with OIG. The CIAs include unique internal monitoring and price transparency provisions. They also require the companies to implement compliance measures including risk assessment programs, executive recoupment provisions and compliance-related certifications from company executives and board members.
“These kickback schemes harm Medicare, Medicaid and patients,” said Chief Counsel Gregory E. Demske for the Inspector General at HHS. “The CIAs promote transparency and accountability by requiring the companies to report price-related information to OIG and mandating individual certifications by key executives involved in pricing and contracting functions.”
“Protecting TRICARE, the healthcare system for U.S. military members and their dependents, is a top priority for the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “When pharmaceutical corporations artificially inflate prices, they undermine the integrity of TRICARE and place an unnecessary financial burden on the program. The settlement agreements announced today are the result of a joint effort and demonstrate the ongoing commitment of DCIS to work with our law enforcement partners, DOJ Civil Frauds and the USAO-EDPA, to investigate healthcare fraud.”
The Anti-Kickback Statute prohibits companies from receiving or making payments in return for arranging the sale or purchase of items such as drugs for which payment may be made by a federal health care program. These provisions are designed to ensure that the supply and price of health care items are not compromised by improper financial incentives. These settlements reflect the important role of the False Claims Act to ensure that the United States is fully compensated when it is the victim of kickbacks paid to further anticompetitive conduct.
All three companies previously entered into deferred prosecution agreements with the Antitrust Division to resolve related criminal charges. Taro paid a criminal penalty of $205.6 million and admitted to conspiring with two other generic drug companies to fix prices on certain generic drugs. Sandoz paid a criminal penalty of $195 million and admitted to conspiring with four other generic drug companies to fix prices on certain generic drugs. Apotex paid a criminal penalty of $24.1 million and admitted to conspiring to increase and maintain the price on pravastatin. The civil settlement payments announced today are in addition to the criminal penalties paid by the companies.
Today’s civil settlements are the third, fourth and fifth arising from this investigation and were handled by the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Eastern District of Pennsylvania with support from the Office of Inspector General for the Department of Health and Human Services, the Defense Health Agency Program Integrity Office, DCIS and the Office of Inspector General for the Department of Veterans Affairs.
The investigation and resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matters were handled by Senior Trial Counsels Jennifer L. Cihon and Laurie A. Oberembt and Assistant U.S. Attorneys Landon Y. Jones III, Rebecca S. Melley and Anthony D. Scicchitano.
Except for those facts admitted to in the deferred prosecution agreements, the claims resolved by the civil settlements are allegations only, and there has been no determination of liability.
Oglala Man Indicted on Commercial Sex Trafficking ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for two counts of Enticement of a Minor Using the Internet and two counts of Commercial Sex Trafficking.
Gordon Weston, age 55, was indicted on September 14, 2021. Weston appeared before U.S. Magistrate Judge Daneta Wollmann on September 17, 2021, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to lifetime supervised release, and $100 to the Federal Crime Victims Fund for each charge. Restitution may also be ordered.
The charges relate to Weston using a cellular phone connected to the internet to persuade a female under 18 years of age to engage in prostitution and other sexual activities in South Dakota between August 2020 and February 2021. The charges are merely accusations and Weston is presumed innocent until and unless proven guilty.
Based on the evidence obtained in this investigation, authorities believe there may be additional victims of the alleged conduct. Anyone with information about this matter is encouraged to call the FBI Minneapolis Field Office at (763) 569-8000.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Weston was released from custody pending trial. A trial date has been set for November 23, 2021.
New Orleans Man Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – KEVIN MARTIN, age 28, a resident of New Orleans, was sentenced on September 30, 2021 by United States District Judge Carl J. Barbier to 70 months incarceration in the Bureau of Prisons, announced U.S. Attorney Duane A. Evans.
According to court paperwork, MARTIN was interviewed by ATF special agents who were assisting the New Orleans Police Department in arresting MARTIN on burglary charges. During the interview, MARTIN admitted that he had firearms in his residence and during a subsequent search of that residence, police located firearms in the location MARTIN said they would be. MARTIN had multiple prior felony convictions at this point in time.
The Court sentenced MARTIN to 70 months imprisonment to be followed by three (3) years of supervised release and ordered MARTIN to pay a mandatory special assessment fee of $100.00 .
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution is being handled by Assistant United States Attorney David Haller.
Mission Man Sentenced for Simple AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Simple Assault of a Minor was sentenced on September 21, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Xavier Quiver, a/k/a Xavier Medicine Blanket, age 26, was sentenced to 10 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Quiver was indicted by a federal grand jury on October 14, 2020. He pled guilty on June 24, 2021.
The conviction stemmed from an incident that occurred on February 9, 2020, in Mission. On that date, Quiver was in a parked vehicle with family members when he became angry and reached into the back seat and struck a four-year-old child in the head and face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Quiver was immediately turned over to the custody of the U.S. Marshals Service.
Milwaukee Man Sentenced to 12 Years in Federal Prison for Firearm and Drug Trafficking CrimesRead the Press Release
Acting United States Attorney Richard G. Frohling has announced that on September 30, 2021, Ahmad R. Johnson (age 42, of Milwaukee) was sentenced to 12 years in federal prison for narcotics trafficking and using a firearm in furtherance of drug trafficking crimes.
The sentence encompassed conduct stemming from two cases, one charged in 2019 and the other charged in 2020. According to court documents, law enforcement executed a search warrant on April 3, 2019, at Johnson’s residence and recovered narcotics and a firearm. Johnson was charged with trafficking heroin, crack cocaine, and marijuana and with using a firearm in furtherance of a drug trafficking crime. After the 2019 arrest, Johnson was released while awaiting trial – on the condition that he not commit any other crimes.
However, as court documents make clear, law enforcement executed another search warrant at Johnson’s residence on November 24, 2020. During that search, law enforcement recovered a diaper bag which contained not only diapers and baby wipes but also a loaded Ruger P93DC 9mm pistol with a 30-round extended magazine. In addition, law enforcement located crack cocaine (including 24 individually wrapped corner cut bags hidden in the oven), as well as numerous cell phones, scales, baggies, marijuana, and $1,225.00 cash.
Johnson later entered guilty pleas to two counts of drug trafficking and two counts of using a firearm in furtherance of such crimes. Following his 12-year prison sentence, Johnson also must spend five years on supervised release.
These cases were jointly investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Milwaukee Police Department. The cases were prosecuted by Assistant United States Attorneys Stephen Ingraham and Karine Moreno-Taxman.
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Michigan Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Will Pope, also known as “Shorty,” 46, of Detroit, Michigan, pleaded guilty today to distribution of a quantity of heroin.
According to court documents, Pope sold a quantity of heroin to a confidential informant near Beckley on February 13, 2020. Pope also admitted to distributing what he now knows was fentanyl on two other occasions, both transactions occurring on February 6, 2020.
Pope faces up to 20 years in prison when he is sentenced on January 22, 2022.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Alcohol, Tobacco, Firearms and Explosives (ATF), the Beckley/Raleigh County Drug and Violent Crime Unit and the Drug Enforcement Administration (DEA) in Detroit.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00111.
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Miami Man Sentenced to 160 Months for Multiple Bank RobberiesRead the Press Release
Miami, Florida – Forty-three-year-old Christopher C. Pinkston was sentenced his week to over 13 years in federal prison for robbing three South Florida banks and attempting to rob a fourth during a one-month crime spree earlier this year. Pinkston had already served nearly twelve years in federal prison for a string of bank robberies in 2006 in the Western District of Missouri.
According to court records, at about 1:30 p.m. on February 11, Pinkston entered the Chase Bank located at 13745 S.W. 152nd Street in Miami, approached a teller window, and handed the teller a note saying: "I need 30,000 Dollars or everybodys [sic] Dead." The victim teller gave Pinkston $1,000 in cash, after which Pinkston exited the bank, leaving the demand note behind. Pinkston robbed a second bank at about 1:30 p.m. on February 19. He entered the City National Bank located at 13780 S.W. 88th St. in Miami, approached a teller window, and handed the teller a note saying: "Good morning this is a robbery Handover $30,000 you have less than one min no ink bombs or trackers Thank you [sic]." The victim teller handed Pinkston $5,100 in cash, after which Pinkston exited the bank, leaving the demand note behind.
On March 5, the defendant entered a TD Bank in Palmetto Bay, approached a desk of one of the TD Bank employees, sat down, and handed the employee a note demanding $30,000. When the employee informed the defendant that she did not have any cash in her cash box, he took back his demand note and left the bank. The employee recalled that the note began, “This is a robbery, I need $30,000.” Only 15 minute later, the defendant walked into another Chase Bank in Miami located about a mile from the previous attempted robbery. The defendant approached one of the teller windows and handed the teller a note demanding $30,000: “This is a robbery I need $30,000 make it quick.” The defendant walked out of the bank with $24,900.
On September 29, 2021, Pinkston pled guilty to two counts of bank robbery in violation of 18 U.S.C. § 2113(a). U.S. District Judge William P. Dimitrouleas imposed Pinkston’s sentence.
Acting U.S. Attorney Juan Antonio Gonzalez of the Southern District of Florida and FBI Miami Special Agent in Charge George L. Piro announced the sentence.
FBI Miami investigated this case, with cooperation and assistance from Miami Dade Police Department and City of Miami Police Department, Special Investigations Section. Assistant United States Attorney Joseph Egozi prosecuted the case.
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 21-cr-20194-WPD.
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Mexican National Residing in Bakersfield Sentenced to Prison for Selling 12 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — Rodolfo Cardenas-Lara, 44, a Mexican national unlawfully residing in Bakersfield who has been removed from the United States on five occasions, was sentenced today to 10 years in prison for unlawfully distributing methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.
On July 16, 2021, co-defendant Cesar Larios-Ortega, 40, also a Mexican national unlawfully residing in Bakersfield, was sentenced to seven years in prison.
According to court documents, during two meetings in May 2019, Cardenas-Lara and Larios-Ortega sold 12 pounds of methamphetamine to a customer in Kern County at a negotiated price of $1,750 per pound.
This case was the product of an investigation by the Homeland Security Investigations. Assistant U.S. Attorney Christopher D. Baker prosecuted the case.
Metairie Chiropractic Owner Indicted for Health Care Fraud, Aggravated Identity Theft, and Making a False StatementRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that BENJAMIN TEKIPPE (TEKIPPE), age 37, a resident of New Orleans, Louisiana, was charged on September 30, 2021 with health care fraud, aggravated identity theft, and making a false statement.
According to the Indictment, TEKIPPE was a licensed chiropractor in Louisiana. TEKIPPE owned and operated his own practice, Metairie Chiropractic, located in Metairie, Louisiana, where he purported to provide chiropractic services to patients.
TEKIPPE knowingly participated in a scheme to defraud a health care benefit program, in connection with the delivery of and payment for health care benefits and services.
TEKIPPE submitted, and caused to be submitted, fraudulent claims to health care benefit programs that falsely represented that certain health care services were provided to patients, when TEKIPPE knew that those services were not actually provided.
On various dates in 2019, TEKIPPE submitted, or caused to be submitted, claims for payment which were not provided. In addition, TEKIPPE knowingly used or caused to be used, without lawful authority, a means of identification of another person, specifically insurance members’ unique member identification numbers, to bill for services which were not provided.
On or about July 22, 2020, TEKIPPE did knowingly and willfully make a materially false, fictitious, and fraudulent statement to Special Agents of the United States Department of Health and Human Services Office of Inspector General and the Federal Bureau of Investigation.
If convicted of health care fraud, TEKIPPE faces a possible maximum sentence of 10 years imprisonment and up to three years of supervised release. If convicted of aggravated identity theft, TEKIPPE faces a possible sentence of 2 years of imprisonment to be run consecutively to any other sentence and up to one year of supervised release, . If convicted of making a false statement, TEKIPPE faces a possible maximum sentence of 5 years imprisonment and up to three years of supervised release. For each offense, TEKIPPE faces up to a $250,000 fine and a mandatory $100 special assessment fee.
The case is being investigated by the Federal Bureau of Investigation and The Department of Health and Human Services, Office of Inspector General.
An indictment is merely a charge and the guilt of the defendant must be proven beyond a reasonable doubt.
The prosecution of the case is being handled by Assistant United States Attorney Kathryn McHugh.
McLaughlin Man Indicted for Burglary, Intentional Damage to Property, Trespass, and StalkingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary, Intentional Damage to Property, Criminal Trespass, and Stalking.
Christopher Aaron Miller, age 42, was indicted on September 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 22, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is five years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2018, and September 14, 2021, in McLaughlin, Miller harassed and stalked two victims. In September 2019, Miller burglarized the victims’ garage and intentionally caused damage to the victims’ vehicle on several occasions.
The charges are merely accusations and Miller is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Miller was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Indicted for AssaultRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender, Assault by Strangulation, and Assault with a Dangerous Weapon.
Lyle Walter Iron Horn, age 41, was indicted on September 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 23, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is ten years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in McLaughlin, on February 20, 2021, Iron Horn assaulted an individual with shod feet and on August 13, 2020, assaulted the same individual by strangulation. Both assaults were committed against Iron Horn’s domestic partner and occurred after Iron Horn had been convicted of at least two prior acts of domestic violence.
The charges are merely accusations and Iron Horn is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Iron Horn was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Manchester Convenience Store Owner, Worker, Charged with Defrauding Federal Food Stamp ProgramRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned an indictment charging JAVED SAEED, 52, and DASTGIR SAEED, 68, both of South Windsor, with food stamp fraud offenses.
The indictment was returned on September 14, 2021, and the defendants were arrested on September 29. They are released on bonds pending trial.
The federal Supplemental Nutrition and Assistance Program (“SNAP”) is administered by the USDA’s Food and Nutrition Service and utilizes federal tax dollars to subsidize low-income households to provide them with the opportunity to achieve a more nutritious diet by increasing their food-purchasing power. SNAP recipients purchase eligible food items at retail food stores through the use of an Electronic Benefits Transfer (EBT) card, and SNAP benefits may be accepted by authorized retailers only in exchange for eligible items. Items such as alcoholic beverages, cigarettes, paper goods and soaps are not eligible for purchase with Food Stamp benefits, and it is a violation of the rules and regulations governing the food stamp program to allow benefits to be used to purchase ineligible items. SNAP benefits may not lawfully be exchanged for cash under any circumstances. The program is designed so that the total amount of each purchase is electronically transferred to the retailer’s designated bank account.
As alleged in the indictment, Javed Saeed is the owner of Manchester Quick Mart, a convenience store and Mobil gas station located at 262 Oakland Street in Manchester, and Dastgir Saeed helped operate the store. Between November 2016 and January 2020, Javeed Saeed, Dastgir Saeed and others illegally allowed customers to redeem their food stamp benefits for cash and other ineligible items, including gasoline and male enhancement pills, and charged the customers’ food stamp cards a premium of nearly 50 percent for these transactions.
The indictment charges Javed and Dastgir Saeed with one count of conspiracy to commit food stamp fraud, and one count of food stamp fraud. Each charge carries maximum term of imprisonment of five years.
Acting U.S. Attorney Boyle stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the U.S. Department of Agriculture, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Anastasia E. King.
Man Sentenced for Felon in Possession of a FirearmRead the Press Release
East St. Louis, Ill. – A convicted felon from the Metro East is headed to prison for nearly six
years for his illegal possession and use of a firearm. Marrio Robinson, 39, of East
St. Louis, Illinois was sentenced yesterday to 71 months in prison, which will be followed by a
term of 3 years of supervised release. Robinson previously pled guilty to the offense in September
2020.
According to court documents and the evidence, Robinson was involved in a shooting in East St.
Louis, Illinois in 2017. Robinson shot toward the victim at least ten times using a Glock .40
caliber semi- automatic pistol, resulting in injuries to the victim’s thigh and lower
leg. At the time Robinson possessed the semi-automatic pistol, he had been previously convicted
of Possession of a Controlled Substance in the St. Clair County Circuit Court and Distribution of
Crack Cocaine, Maintaining a Drug Premise, and Possession of a Firearm in Furtherance of a Drug
Trafficking Offense in the US District Court for the Southern District of Illinois. Robinson was
therefore prohibited from possessing any firearm.The case was investigated by the East St. Louis Police Department and Bureau of Alcohol, Tobacco,
Firearms, and Explosives.
Assistant U.S. Attorney Karelia S. Rajagopal prosecuted the case.
Man Pleads Guilty to Possessing a Semi-Automatic Rifle After Being Indicted for State Felony ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that JOHNNY WOODEN, age 21, from Orleans Parish, pled guilty on September 28, 2021 to a one-count indictment for possession of a firearm while under indictment, in violation of Title 18, United States Code, Section 922(n). WOODEN was initially indicted by a Federal Grand Jury on August 7, 2020.
On July 29, 2020, WOODEN possessed a semi-automatic rifle while he was under indictment for felony charges in Orleans Parish Criminal District Court, which prohibited him from possessing any firearms.
At sentencing, WOODEN faces up to a maximum term of imprisonment of five (5) years, a maximum fine of up to $250,000, up to 3 years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Section 924(a)(1)(D).
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Melissa Bücher of the U.S. Attorney’s Office.
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Lutheran Pastor Sentenced for Distribution of Child PornographyRead the Press Release
EAST ST. LOUIS, ILL. – Steven P. Tibbetts, 62, of Godfrey, Illinois, was sentenced to 87 months in
federal prison followed by 10 years of supervised release for knowingly distributing child
pornography in December 2019. The Court further ordered Tibbetts to pay $10,000 in restitution to
victims who were depicted in some of the videos and photographs.
Court documents and evidence showed that Tibbetts began viewing and distributing child pornography
starting in the 1990s and continued until his arrest in June 2020. Furthermore, while Tibbetts was
on pre-trial release for the charged offense, an officer located additional devices in his home,
which were later found to contain child pornography. The instant offense involved 2,430
images of child pornography and 408 videos containing child pornography.Tibbetts has served as a Lutheran pastor since 1992. At the time the complaint was filed, Tibbetts
was employed as the head pastor at Resurrection Lutheran Church in Godfrey, Illinois. In imposing
the sentence, the Court noted that “The defendant was living two lives of sorts.”FBI Springfield Division and Macoupin County Sheriff’s Department investigated
the case. Significant assistance was provided in the early stages of the investigation by the
Peoria (Illinois) Police Department.The case was prosecuted by Assistant United States Attorneys Christopher R. Hoell and Karelia S.
Rajagopal.
Leader of Drug Conspiracy Sentenced to 27 Years in Federal PrisonRead the Press Release
Charleston, South Carolina --- Acting U.S. Attorney M. Rhett DeHart announced today that Lamar Louis Johnson, a/k/a “McJag,” 39, of Mount Pleasant, was sentenced to 27 years in federal prison for his role in suppling cocaine to a drug trafficking organization that operated in the Dorchester Terrace neighborhood of North Charleston.
The evidence presented at the sentencing hearing showed that Johnson distributed dozens of kilograms of cocaine in the Charleston area since 2019. His sentence was enhanced based on his leadership role in the organization, his possession of firearms at the time of his arrest, and his significant criminal history which included more than seventeen prior convictions for various narcotics offenses and violent crimes.
“The North Charleston Police Department is appreciative of the work of the United States Attorney’s Office and our law enforcement partners, which assisted in the lengthy investigation, successful prosecution of the cases developed, and fair sentencing of the defendant,” stated Chief of Police Reggie Burgess of the North Charleston Police Department. “One of the themes of the North Charleston Police Department is to create safer neighborhoods for our citizens and the sentence of this offender assists us in our mission.”
Johnson was one of twelve defendants charged in July 2019 during the first wave of Operation Lowcountry Line, a joint federal, state, and local multi-year investigation quarterbacked by the Federal Bureau of Investigation (FBI) with assistance from the North Charleston Police Department, Charleston County Sheriff’s Office, Charleston Police Department, Berkeley County Sheriff’s Office, Dorchester County Sheriff’s Office, Mount Pleasant Police Department, South Carolina Law Enforcement Division (SLED), Ninth Circuit Solicitor’s Office, Charleston County Aviation Authority, and the United States Postal Inspection Service.
According to the fifty-count superseding indictment, the case targeted members of a street gang who obtained bulk supplies of heroin, cocaine, and other narcotics from interstate sources of supply and then redistributed the drugs to street-level drug dealers in the greater Charleston area. The superseding indictment also asserted that gang members and associates threatened violence and used firearms to defend themselves and their criminal enterprise from rival drug dealers and gang members.
Another twelve defendants were charged in a second-round indictment in mid-2020. To date, twenty-two of the twenty-four defendants, including Johnson, have pled guilty.
U.S. District Judge David Norton sentenced Johnson to 324 months in federal prison, to be followed by a five-year term of court-ordered supervision. There is no parole in the federal system.
Assistant United States Attorney Everett McMillian, lead attorney of the Organized Crime Drug Enforcement Task Force (OCDETF), is prosecuting the case. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Latin Kings Member Charged with the 2017 Murder of Joshua FloresRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a five-count Superseding Indictment charging JONATHAN GARCIA, a/k/a “Jayo,” with racketeering, murder in aid of racketeering, firearms, and narcotics offenses, in connection with GARCIA’s involvement in the 2017 murder of Joshua Flores, a/k/a “Monster,” and offenses committed by GARCIA as a member of the Latin Kings, including the Black Mob tribe of the Latin Kings. GARCIA was arrested today and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court. The case has been assigned to U.S. District Judge Valerie E. Caproni.
U.S. Attorney Audrey Strauss said: “Latin Kings, like other gangs, solve disputes with intimidation and violence, as Jonathan Garcia allegedly did when he shot and killed Joshua Flores in 2017. Acts such as this endanger the public and wreak havoc on the neighborhoods where gangs have entrenched themselves. We will continue our partnership with the NYPD and FBI to stop the proliferation of deadly gang violence on the streets of our City.”
FBI Assistant Director Michael J. Driscoll said: “Violent street gang like the Latin Kings use brutal tactics in their pursuit of illegal drugs and firearms, terrorizing all those who stand in their way. Basing status within the gang on a member’s violent acts is a stark illustration of their utter lack of respect for human life. For his alleged acts of violence, Mr. Garcia now faces a possible lifetime in federal prison.”
As alleged in the Superseding Indictment[1] unsealed today in Manhattan federal court and statements made in public filings:
GARCIA is a member of a racketeering enterprise known as the Latin Kings, and specifically, the set or “tribe” of the Latin Kings known as the Black Mob, which operates in the Bronx, Manhattan, Queens, Brooklyn, and Long Island. In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of the Black Mob committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including heroin, fentanyl, and crack; committed robberies; and obtained, possessed, and used firearms. In December 2019 and April 2021, several members and associates of the Black Mob, including its senior-most leaders, were charged with racketeering offenses, narcotics conspiracy, and firearms offenses.
Since at least in or around 2012, GARCIA has been a member of the Latin Kings. On or about May 18, 2017, GARCIA shot and killed Joshua Flores, a/k/a “Monster.” The murder elevated GARCIA’s status within the Latin Kings, including the Black Mob.
GARCIA, 27, of Queens, New York, is charged with: (1) conspiracy to commit racketeering, in violation of Title 18, United States Code, Sections 1962(d) and 1963, which carries a maximum term of life in prison; (2) murder in aid of racketeering, in violation of Title 18, United States Code, Sections 1959(a)(1) and 2, which carries a mandatory term of life in prison or death; (3) murder through the use of a firearm, in violation of Title 18, United States Code, Sections 924(j)(1) and 2, which carries a maximum term of life in prison or death; (4) narcotics conspiracy, in violation of Title 21, United States Code, Sections 846 and 841 (b)(1)(A), which carries a maximum term of life in prison and a mandatory minimum term of 10 years in prison; and (5) use of a firearm in furtherance of a drug trafficking offense, in violation of Title 18 United States Code, Sections 924(c)(1)(A) and 2, which carries a maximum term of life in prison, and a mandatory minimum term of 10 years in prison, which must be served consecutively to any other term of in prison. The maximum potential sentences and the mandatory minimum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI and NYPD.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Adam Hobson, Elinor Tarlow, and David Robles are in charge of the prosecution.
The charges in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Lackawanna Man from Guinea Charged with Attempting Unlawfully to Procure United States CitizenshipRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a four-count indictment charging Mamadou Gando Balde a/k/a Thierno O. Ba, 51, a citizen of the West African nation of Guinea currently residing in Lackawanna, NY, with attempted unlawful procurement of naturalization, making false statements in a naturalization proceeding, and making a false statement to federal law enforcement officers. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Jeffrey T. Fiut, who is handling the case, stated that according to the indictment, on August 20, 2018, the defendant knowingly made false statements on his Form N-400 Application for Naturalization, the form used to apply for U.S. citizenship. Specifically, Balde omitted the name “Thierno O. Ba” when asked to list other names he has used since birth. The defendant is also accused of falsely responding “no” when asked “Have you EVER given any U.S. Government officials any information or documentation that was false, fraudulent, or misleading?,” and “Have you EVER lied to any U.S. Government officials to gain entry or admission into the United States or to gain immigration benefits while in the United States?” The indictment states that Balde gave U.S. Government officials information and documentation that was false regarding his identity and lied to U.S. Government officials about his identity to gain entry and admission into the United States and to gain immigration benefits while in the United States.
The defendant was arraigned today before U.S. Magistrate Judge Jeremiah J. McCarthy and was released on conditions.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Justice Department Settles Sexual Harassment Lawsuit Against Arkansas Housing AuthorityRead the Press Release
The Justice Department announced Thursday that the White River Regional Housing Authority in Melbourne, Arkansas, has agreed to pay $70,000 to resolve a lawsuit alleging that it and its former employee, Duane Johnson, violated the Fair Housing Act (FHA) when Johnson sexually harassed an applicant who sought a Housing Choice Voucher from the Housing Authority.
The settlement, which must still be approved by the U.S. District Court for the Eastern District of Arkansas, will resolve the United States’ lawsuit, also filed Thursday, under the Fair Housing Act. The lawsuit alleges that in 2020, a woman who was living with her two minor children at a shelter for survivors of domestic violence and abuse applied to the Housing Authority for a Housing Choice Voucher in Cleburne County, Arkansas. The Housing Authority assigned the application to Duane Johnson, a Housing Authority employee who, among other duties, served as the Housing Choice Voucher coordinator for Cleburne County.
“All people deserve equal access to critical housing benefits, including vouchers, without being subjected to sexual harassment,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Housing assistance programs are designed to help people when they need it the most. The Justice Department will not tolerate officials who abuse their power by sexually harassing housing voucher applicants and will continue to use the law to hold perpetrators accountable.”
“Thursday’s announcement demonstrates that officials who use their control over the grant of public assistance programs in order to exploit sexual acts from those in need of assistance will be held accountable,” said Acting U.S. Attorney Jonathan D. Ross for the Eastern District of Arkansas. “Our office will continue to work with the U.S. Department of Housing and Urban Development to investigate and hold accountable all who similarly abuse their positions of public trust.”
“Renters whose names rise to the top of coveted Housing Choice Voucher waiting lists should not have to submit to unwelcomed sexual harassment before obtaining housing assistance,” Principal Deputy Assistant Secretary Demetria McCain of the U.S. Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. “HUD applauds Thursday’s settlement and remains committed to working with the Justice Department to ensure that everyone in a position to control access to housing meets their responsibilities under the Fair Housing Act.”
The lawsuit alleges that Johnson sexually harassed the applicant. Specifically, the suit alleges, Johnson touched the applicant without her consent, requested that she provide him with full-frontal nude photographs in exchange for his assistance in finding housing, made graphic descriptions of the poses he wanted for the photographs, made other unwelcome sexual advances and threatened to post nude photographs of the applicant on Facebook if she reported him. Although the Housing Authority later notified the applicant that she could receive a Housing Choice Voucher, the lawsuit alleges that she chose not accept a voucher because she was afraid of Johnson and did not want him to know where she lived. The lawsuit also alleges that the Housing Authority is vicariously liable for Johnson’s unlawful conduct.
The applicant filed a complaint against the Housing Authority and Johnson with the U.S. Department of Housing and Urban Development (HUD). After an investigation, HUD determined that the Housing Authority and Johnson had discriminated against the applicant in violation of the Fair Housing Act and it issued a charge of discrimination. After the applicant chose to have the matter decided in federal court, the HUD referred the matter to the Department of Justice.
Under the settlement, the Housing Authority will pay a total of $70,000 in monetary damages to the applicant, adopt and maintain an anti-discrimination policy with a complaint procedure, and provide training on the Fair Housing Act to its employees. The settlement also permanently bars Johnson from participating in the management of residential rental property and from participating in any public housing program.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorneys' Offices across the country. The goal of the initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Department of Justice has filed 23 lawsuits alleging sexual harassment in housing and recovered over $4.1 million for victims of such harassment. HUD also has developed a Sexual Harassment Training Initiative with training sessions and educational resources about preventing and addressing sexual harassment, and launched a public awareness campaign – Call HUD: Because Sexual Harassment in Housing is Illegal.
If you think you are a victim of sexual harassment by a landlord or other forms of housing discrimination, you may contact the Justice Department by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, e-mailing the Justice Department at [email protected], or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
Justice Department Requires Divestiture for General Shale to Proceed with Acquisition of Meridian BrickRead the Press Release
The Department of Justice announced today that it will require General Shale Brick Inc. (General Shale) and Meridian Brick LLC (Meridian), two of the largest suppliers of residential brick in the United States, to divest several assets used in the manufacture and sale of residential brick to preserve competition for these products in the southern and midwestern United States.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit. Under the terms of the proposed settlement, the parties must divest three manufacturing facilities, 14 distribution yards and showrooms, and six mines for extracting input materials used in the manufacture of residential brick to RemSom LLC (RemSom) or an alternative acquirer approved by the United States.
“Residential brick is an essential building block in American home construction,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “As originally proposed, the transaction would have led to higher priced and lower quality residential brick, making it more expensive for millions of Americans to build and purchase homes. The settlement preserves competition for the manufacture and sale of residential brick to the benefit of American homebuilders and homebuyers.”
According to the complaint, General Shale and Meridian are two of the top suppliers of residential brick in eight separate local markets in six states (Tennessee, Alabama, Kentucky, Indiana, Michigan and Ohio). Without the required divestiture, the proposed transaction would have eliminated the substantial competition that currently exists between General Shale and Meridian in those markets.
General Shale is headquartered in Johnson City, Tennessee, and is a North American subsidiary of Wienerberger AG. General Shale is a leading U.S. producer of construction materials, such as brick, stone and concrete block products. Wienerberger AG’s North American business generated approximately $370 million in revenues in 2020, 78% of which came from brick sales.
Meridian was formed as a joint venture in 2016 by its parent companies Boral Limited and LSF9 Stardust Super Holdings L.P. Meridian, headquartered in Alpharetta, Georgia, is the largest residential brick manufacturer in the United States. Meridian generated over $400 million in revenues in the fiscal year 2020, which was primarily derived from brick sales.
RemSom is a private investment firm that became the majority shareholder of US Brick LLC (US Brick), formerly known as Carolina Brick, in 2020. US Brick is a commercial and residential brick manufacturer that sells brick in 30 different states. US Brick is headquartered in Columbia, South Carolina.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Jay Owen, Acting Chief, Defense, Industrials, and Aerospace Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
The claims resolved by the settlement are allegations only and there has been no determination of liability.