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1 November 2021
U.s. Settles Dispute with Lessie Bates Davis Neighborhood House over Its Americorps ProgramRead the Press Release
FAIRVIEW HEIGHTS, Ill. – Non-profit Lessie Bates Davis Neighborhood House (“LBDNH”) has agreed to pay the United States $100,000 and enter into a compliance agreement to resolve a civil False
Claims Act investigation relating to the operation of its AmeriCorps program, U.S. Attorney Steven
D. Weinhoeft announced today.AmeriCorps is a federally funded network of national service programs addressing critical community needs including increasing academic achievement, mentoring youth, fighting poverty, sustaining national parks, preparing for disasters, and more. AmeriCorps volunteers (called members) commit to service for a period of three months to a year in exchange for a living allowance, education awards, and other benefits. From 2015 to 2018, LBDNH received over $1.9 million in federal AmeriCorps funding.
The settlement stems from investigations conducted by the Southern Illinois Public Corruption Task
Force and the AmeriCorps Office of Inspector General (“OIG”). The Task Force investigation resulted in Christopher Coleman pleading guilty to embezzling more than $250,000 from
LBDNH by generating false invoices and receiving cash kickbacks. Coleman was the
Executive Director of LBDNH from July 2016 to February 2018.Leonard Johnson, of St. Louis, Missouri, and Jeremy Turner, of Dallas, Texas, were convicted in federal court for aiding and abetting Coleman’s embezzlement. Tiffany Taylor, of
Maryville, Illinois, was charged with making false statements to federal agents during the investigation. She successfully completed a pre-trial diversion program.AmeriCorps OIG opened a civil investigation looking for violations of the False Claims Act. As a result of the OIG investigation, the United States alleges that from 2015 through 2019 LBDNH, through Coleman and others, failed to implement internal controls sufficient to prevent embezzlement of federal grant funds and misrepresented it AmeriCorps expenses on periodic expense reports submitted to the AmeriCorps prime grantee.
In addition, grant recipients like LBDNH are required to verify and certify the number of service hours each individual volunteer completes. Each volunteer must complete a specified number of service hours, along with other requirements, to receive an AmeriCorps education award. The
United States also alleges, from 2015 through 2019, LBDNH falsely certified to AmeriCorps that some of its members had performed the service hours necessary to qualify for an education award, when they, in reality, had not.“The Lessie Bates Davis Neighborhood House was a mess, and we used our criminal and civil authority to clean it up,” said U.S. Attorney Steven D. Weinhoeft. “Four criminal indictments and a civil settlement have resulted in federal criminal convictions, prison time, restitution orders, civil payments, and a compliance agreement to ensure that this never happens again. Our decisive action is a clear message that programs administering taxpayer funds must do so responsibly.”
“The Lessie Bates Davis Neighborhood House was easy prey to fraud because it had none of the internal controls needed to protect the organization from unscrupulous actors,” said AmeriCorps
Inspector General Deborah Jeffrey. “Every director of a nonprofit should ask executives and independent auditors what their organization does to prevent and detect fraud, and what more it could do to ensure that all of its funds are being used to support community needs.”The claims resolved by the settlement are allegations only; no lawsuit was filed in court, and there has been no determination of civil liability. The individuals responsible for the fraud at
LBDNH are no longer employed there. LBDNH cooperated with the OIG investigation and voluntarily outsourced its accounting and finance functions to a third-party firm. As part of the settlement, LBDNH entered into a five-year compliance agreement with AmeriCorps. Included among the terms of the compliance agreement are that LBDNH must implement fraud detection and prevention policies and trainings. The agreement also mandates certain bi-annual reporting requirements to AmeriCorps. LBDNH has represented it intends to maintain its outsourced accounting arrangement through the compliance agreement period.The investigation was conducted by the AmeriCorps Office of Inspector General. Assistant United
States Attorney Ray M. Syrcle handled the settlement for the United States.
U.S. Attorney’s Office Reaches ADA Settlement with Port Authority of New York and New Jersey Regarding Newark Liberty International Airport Rail StationRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office for the District of New Jersey today reached a settlement with the Port Authority of New York and New Jersey (Port Authority) to resolve findings that the rail station at Newark Liberty International Airport is not accessible to individuals with disabilities, in violation of the Americans with Disabilities Act of 1990 (ADA).
“The Department of Justice upholds and protects the civil rights of all those who live in or travel through New Jersey,” Acting U.S. Attorney Rachael A. Honig said. “Through the settlement announced today, this Office removes a significant barrier that prevented people with disabilities from fully accessing a rail station that is a gateway to travel all over the world. We welcome Port Authority’s commitment to bring Newark Liberty International Rail Station into compliance with the ADA, and we will continue our work to ensure that no one is denied access to any of the rights and accommodations our Constitution and laws ensure.”
Under this agreement, the Port Authority has committed to make Newark Liberty International Rail Station accessible to individuals with disabilities. To ensure equal access for people with disabilities, the Port Authority must modify multiple areas of the rail station, including physical modifications to multiple platforms, waiting areas, and restrooms.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint or call the U.S. Attorney’s Office Civil Rights Hotline at (855) 281-3339. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The government is represented by Assistant U.S. Attorney Michael E. Campion, Chief of the U.S. Attorney’s Office Civil Rights Unit in Newark, and Assistant U.S. Attorney Kristin Vassallo, Deputy Chief of the Civil Division.
Two men sent to prison for trafficking troubled teenagerRead the Press Release
HOUSTON – Two Houstonians are on their way to federal prison after admitting to recruiting a teenager on social media and trafficking her for sex, announced acting U.S. Attorney Jennifer B. Lowery.
Demetrius Delaan White, 30, and Deonte Danquise Bailey-Roach, 28, pleaded guilty Jan. 27.
Today, U.S. District Judge Kenneth M. Hoyt sentenced White to 240 months, while Bailey-Roach received a 144-month-term of imprisonment. The court considered statements from the minor victim and her mother detailing the lasting impact of the teenager’s victimization. Both will be ordered to pay restitution to the victim and serve an additional five years on supervised release following completion of the prison terms, during which time they will have to comply with numerous requirements designed to restrict access to children and the internet. Both will also be ordered to register as sex offenders.
In 2017, White and Bailey-Roach recruited a troubled teenager on social media. They then brought her from her home in Stephenville to Houston to engage in commercial sex acts.
Over the next four days, they exploited the minor victim for their own sexual gratification and profit. They posted the minor victim on internet advertisements for commercial sex, during which time more than 300 people expressed interest. They rented motel rooms for the sex acts, drove her to clients’ homes and took her to a truck stop. They also had her walk on Bissonnet Street, an area commonly known for an open and rampant sex trade.
To induce the minor victim into continuing to engage in the activity, both men gave her drugs before the commercial sex acts. They also kept all the cash proceeds.
Both will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and the Houston Police Department (HPD), both part of the Human Trafficking Rescue Alliance (HTRA), conducted the investigation.
HTRA law enforcement includes members of the HPD, FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Attorney General’s Office, IRS-Criminal Investigation, Department of Labor, Department of State, Texas Alcoholic and Beverage Commission, Texas Department of Public Safety, Coast Guard and Sheriff’s Offices in Harris and Montgomery counties in coordination with District Attorney’s offices in Harris, Montgomery and Fort Bend Counties.
Established in 2004, the U.S. Attorney’s office in Houston formed HTRA to combine resources with federal, state and local enforcement agencies and prosecutors, as well as non-governmental service organizations to target human traffickers while providing necessary services to those that the traffickers victimized. Since its inception, HTRA has been recognized as both a national and international model in identifying and assisting victims of human trafficking and prosecuting those engaged in trafficking offenses.
Assistant U.S. Attorneys Kate Suh and Sebastian Edwards are prosecuting the case.
Terrebonne Parish Man Indicted for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – DERECK CELESTIN, JR., age 36, a resident of Terrebonne Parish, Louisiana, was charged September 30, 2021, in a sealed two-count indictment by a Federal Grand Jury with distribution of methamphetamine in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(B), and 841(b)(1)(A), announced U.S. Attorney Duane A. Evans. The indictment was unsealed on October 28, 2021.
According to Count 1 of the indictment, on July 13, 2021, CELESTIN distributed fifty grams or more of a mixture and substance containing a detectable amount of methamphetamine. Count 2 alleges that CELESTIN distributed fifty grams or more of methamphetamine on August 9, 2021.
CELESTIN had his initial court appearance on October 27, 2021, before U.S. Magistrate Judge Donna Phillips Currault of the U.S. District Court for the Eastern District of Louisiana. The defendant was arraigned on October 29, 2021.
If convicted of Count 1, CELESTIN faces a mandatory minimum sentence of five years and up to forty years imprisonment, a fine of up to $5,000,000, and at least four years of supervised release following any term of imprisonment. If convicted of Count 2, CELESTIN faces a mandatory minimum sentence of ten years and up to life imprisonment, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment. For each count of the indictment, CELESTIN faces payment of a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration and Terrebonne Parish Sherriff’s Office. The prosecution is being handled by Assistant United States Attorney Ben Myers.
Tennessee Sex Offender Sentenced for Failing to Register in MississippiRead the Press Release
GREENVILLE, Miss. – A Tennessee man was sentenced on Thursday to 30 months in prison for failing to register as a sex offender in Mississippi. According to court documents, the United States Marshals Service found that Lafayette McKay, 58 years old, of Holladay, Tennessee, was living in Potts Camp, Mississippi rather than at his registered address in Tennessee. At a sentencing hearing on Wednesday in Greenville, Chief U.S. District Judge Debra M. Brown sentenced McKay to prison for Failure to Register.
McKay was initially convicted of Aggravated Statutory Rape in Benton County Tennessee in 2012, a conviction which requires him to register as a sex offender wherever he resides, is employed, attends school, or is a temporary resident. He was also recently convicted of sexual battery on a minor victim arising from an incident in September of 2020. Despite living in Potts Camp for over two months, McKay never registered as a sex offender in Mississippi.
“The Sex Offender Registration and Notification Act was put into place to help inform and protect the public.” remarked Acting U.S. Attorney Clay Joyner. “It is extremely important for every sex offender to comply with the law and register as required and this office will continue to aggressively prosecute those sex offenders who fail to comply with their registration duties.”
The United States Marshals Service investigated the case.
Assistant U.S. Attorney Parker S. Kline prosecuted the case.
Taylor County man admits to a meth chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Richard Kevin Isner, of Flemington, West Virginia, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Isner, 59, pleaded guilty today to one count of “Distribution of Fifty Grams or more of Methamphetamine.” Isner admitted to selling more than 50 grams of methamphetamine in July 2020 in Marion County.
Isner faces at least 10 years and up to life in prison and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
St. Paul Man Sentenced to 15 Years in Prison for Distributing Meth, PCP, Cocaine, Heroin, MarijuanaRead the Press Release
MINNEAPOLIS – A St. Paul man was sentenced today to 180 months in prison followed by 10 years of supervised release for his role in a multi-drug trafficking conspiracy.
According to court documents, Buster Travoire Gaston, 45, participated in a drug distribution conspiracy. On June 12, 2019, Gaston and his co-conspirator were traveling back to Minnesota driving a rental car that was loaded with drugs. A Minnesota State Trooper stopped them and searched the vehicle. The search yielded four kilograms of methamphetamine, one kilogram of heroin, one kilogram of cocaine, four boxes of marijuana edibles, three vacuum-sealed bags of THC wax containers, three bags of marijuana bud, and nine mason jars containing a liquid PCP mixture.
Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after Chief U.S. District Judge John R. Tunheim sentenced the defendant.
This case is the result of an investigation conducted by the Drug Enforcement Administration, the Ramsey County Sheriff’s Office, the Ramsey County Violent Crime Enforcement Team, and the Minnesota State Patrol.
This case was prosecuted by Assistant U.S. Attorney Allen A. Slaughter and Lauren O. Roso.
Sex offender sentenced for involvement in child pornography featuring young children, bondage and acts of violenceRead the Press Release
HOUSTON – A 39-year-old Houston man has been ordered to federal prison after admitting he received and possessed child pornography, announced Acting U.S. Attorney Jennifer B. Lowery.
Leon Travis Beard pleaded guilty Dec. 21, 2020.
Today, U.S. District Judge Kenneth Hoyt sentenced Beard to a total of 200 months of imprisonment. The court considered victim impact statements and took into account Beard’s future access to child pornography, noting whether Beard’s desire would be stronger than his will. Beard will also serve the rest of his life on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will also be ordered to register as a sex offender and will to pay restitution to the victims.
In February 2019, law enforcement initiated an investigation of child pornography sharing which led them to Beard. He was found to be a member, and a facilitator, of multiple child pornography groups. These people engaged in the distribution of thousands of images and videos. A subsequent forensic analysis resulted in the discovery of approximately 304 videos and 1,008 images of child pornography, including of children under the age of five, bondage and acts of violence.
Beard was distributing, receiving and possessing child pornography less than a year after his release from state prison for possession of child pornography.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation.
Assistant U.S. Attorney Zahra Jivani Fenelon is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
San Fernando Valley Man Who Plotted the Bombing of Long Beach Rally Sentenced to 25 Years in Federal PrisonRead the Press Release
LOS ANGELES – A San Fernando Valley man who planned the bombing of a political rally in Long Beach in 2019 was sentenced today to 25 years in federal prison.
Mark Steven Domingo, 28, of Reseda, was sentenced by United States District Judge Stephen V. Wilson.
At the conclusion of a five-day trial, a federal jury on August 11 found Domingo guilty of one count of providing material support to terrorists and one count of attempted use of a weapon of mass destruction.
Judge Wilson sentenced Domingo to 15 years’ imprisonment on the providing material support count and 25 years in federal prison for attempted use of a weapon of mass destruction – both sentences to be served concurrently. The court also ordered Domingo to be placed on supervised release for a term of 20 years once Domingo completes his prison sentence.
Domingo has been in federal custody since his arrest in April 2019.
“This defendant planned a mass-casualty terrorist attack and repeatedly admitted at trial that he had a desire to kill as many people as possible,” said Acting United States Attorney Tracy L. Wilkison. “Had this bombing been successful, many innocent people would have been murdered, yet this defendant has shown no remorse for his conduct, nor has he renounced the extremist ideology that motivated his horrific plot.”
“Mr. Domingo represents the very real threat posed by homegrown violent extremists in the United States,” said Kristi K. Johnson, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Domingo’s plans and a potentially catastrophic attack were thwarted when the Joint Terrorism Task Force learned of his intentions in advance and carried out this successful undercover operation with our partners. This case was the result of a collaborative effort with the Naval Criminal Investigative Service, the Los Angeles Police Department, the Los Angeles County Sheriff's Department, and the Long Beach Police Department.”
The investigation into Domingo was prompted by his online posts and conversations in an online forum in which he expressed support for violence, specifically a desire to seek violent retribution for attacks against Muslims, as well as a willingness to become a martyr. After considering various attacks – including targeting Jewish people, churches, and police officers – Domingo decided to bomb a rally scheduled to take place in Long Beach in April 2019.
As part of the plot, Domingo asked a confederate – who actually was working with the FBI as part of the investigation – to invite a bomb-maker into the scheme. Domingo then purchased and provided to the confederate and the bomb-maker – who in fact was an undercover law enforcement officer – several hundred 3½-inch nails to be used as shrapnel for the bombs. Domingo specifically chose those nails because they were long enough to penetrate organs in the human body.
Leading up to the attack, Domingo called for an event similar to the October 2017 mass shooting in Las Vegas. Following an attack on Muslims in New Zealand in March 2019, Domingo called for retribution in an online post.
Domingo selected the Long Beach rally as his target and, in April 2019, drove his confederate and the undercover officer to Long Beach to scout the location he planned to attack. While there, Domingo discussed finding the most crowded areas to place the bombs so he could kill the most people. On April 26, 2019, Domingo received what he thought were two live bombs, but actually were inert explosive devices delivered by an undercover law enforcement officer. He was arrested that same day with one of the bombs in his hands.
“At trial, [Domingo] testified and repeatedly affirmed that he intended to commit mass murder in March and April 2019,” prosecutors wrote in a sentencing memorandum that recommended a sentence of life in prison. “He admitted that the [confidential informant] stopped him from committing at least one murder in April 2019 by encouraging him to be patient. Finally, he admitted that he was excited when he learned that the [confidential informant] had access to an individual who could construct a bomb, and that he was the one who chose to attack the rally, chose to use the bombs, and chose to go through with the plot to commit mass murder, right up until the moment of his arrest.”
The FBI’s Joint Terrorism Task Force (JTTF) investigated this matter. JTTF members who participated in the investigation include the FBI, the Los Angeles Police Department, the Naval Criminal Investigative Service, the Los Angeles County Sheriff's Department and the Long Beach Police Department.
Assistant United States Attorneys Reema M. El-Amamy and David T. Ryan of the Terrorism and Export Crimes Section, along with Trial Attorneys Lauren Goddard and Joshua Champagne of the National Security Section’s Counterterrorism Section at the Department of Justice, prosecuted this case.
Riverside Man Sentenced to 2 Years in Prison for Severely Injuring Puppy, Then Posting Video of the Wounded Animal on Social MediaRead the Press Release
LOS ANGELES – A Riverside man was sentenced today to 24 months in federal prison for inflicting severe injuries on a puppy – including slitting its throat – then posting videos of the suffering animal on his social media accounts.
Angel Ramos-Corrales, 19, was sentenced by United States District Judge John F. Walter. Ramos-Corrales pleaded guilty on June 3 to one felony count of animal crushing.
On February 13, Ramos-Corrales assaulted his pet dog, whom he named “Canelo,” inflicting severe injuries to the puppy’s head and torso, causing skull and rib fractures. The dog’s injuries caused it to continuously fall headfirst, and Ramos-Corrales recorded a video of the injured puppy and posted it on his Instagram account.
On the same day, Ramos-Corrales slit Canelo’s throat by approximately 4.4 centimeters (1.7 inches), causing the dog to bleed significantly and lapse into unconsciousness. While Canelo was lying on a bathroom floor, Ramos-Corrales recorded a video of the puppy and posted it on his Snapchat account, according to the plea agreement. On the video, Ramos-Corrales makes a series of statements, including “I’m cold-hearted,” and then intentionally kicks the still-alive Canelo.
After law enforcement arrived at Ramos-Corrales’ residence, Riverside County Department of Animal Services took custody of Canelo and a veterinarian determined that the dog was still alive, but later euthanized Canelo because of the severity of the dog’s injuries.
“[Ramos-Corrales’] offense of conviction was a gruesome act of violence, which he committed with wanton disregard of the life of his puppy, Canelo,” prosecutors wrote in a sentencing memorandum. “By the very nature and circumstances of [Ramos-Corrales’] violent offense, he has shown himself to be capable of ‘cold-hearted’ cruelty, as he himself admitted.”
The FBI investigated this matter and received substantial assistance from the Riverside Police Department. The Riverside County District Attorney’s Office received the initial referral from the Riverside Police Department, and, after reviewing the matter and conferring with the United States Attorney’s Office, a decision was made that federal prosecutors would file the case.
Assistant United States Attorney Julius J. Nam of the Riverside Branch Office prosecuted this case.
Quitman Man Sentenced to over 33 Years in Prison for Sexually Assaulting a ChildRead the Press Release
EL PASO – Today a Quitman man was sentenced to 400 months in prison for sexually assaulting a child.
According to court documents, on July 19, 2021, Roy Gene Pratt Jr., 40, pleaded guilty to one count of aggravated sexual assault of a child. By pleading guilty, Pratt admitted to sexually assaulting a seven-year-old victim on Fort Bliss. Investigators also identified six other minor children, ranging from six to 14 years of age, victimized by Pratt.
Pratt has remained in custody since his arrest in May 2020.
“This successful prosecution was made possible by the tenacious efforts of our law enforcement partners and the courageous victims for whom some measure of justice was delivered today,” stated U.S. Attorney Ashley C. Hoff. “Safeguarding children, the most vulnerable members of our society, will always be a critical priority.”
“These crimes are gut-wrenching, and today’s sentencing is a commitment from the FBI El Paso’s Crimes Against Children/Human Trafficking task force that we will not allow the defendant to assault a child again,” said Jeffrey R. Downey, Special Agent in Charge of the FBI El Paso Field Office. “We will continue to aggressively pursue child sexual assault cases as we are committed to protecting all of our communities, helping victims, and ensuring that justice is served.”
The FBI investigated the case with assistance from the U.S. Army Criminal Investigation Division. The FBI Dallas-Amarillo and Tyler Resident Agencies, the FBI Little Rock-Texarkana Resident Agency, the Wood County Sheriff’s Office and the Texas Department of Public Safety also assisted with this case.
Assistant U.S. Attorney Michelle Winters prosecuted the case.
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.
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Prince George’s County Man Facing Federal Charges for Production of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal criminal complaint has been filed charging Eladio Alfaro Sarmiento, age 55, of New Carrollton, Maryland, for production of child pornography involving two victims under the age of three. The criminal complaint was filed on September 23, 2021, and unsealed today upon the defendant’s initial appearance.
The federal charge was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Prince George’s County State’s Attorney Aisha Braveboy.
According to the affidavit filed in support of the criminal complaint, on August 9, 2021, the Maryland Internet Crimes Against Children Task Force (ICAC) received five cyber-tipline referrals from the National Center for Missing and Exploited Children (NCMEC), generated when a representative from an Internet search engine discovered child pornography within the photo storage for a user. The referrals requested expedited processing because of potential “hands-on abuse.”
As detailed in the criminal complaint, the cyber-tip contained information about a specific video file believed to contain child sex abuse material allegedly created by Sarmiento, as well as the metadata related to the location where the video was filmed, which approximately maps to the area of Sarmiento’s residence.
Specifically, the cyber-tips contain approximately 44 video files that were uploaded between June and August 2021, from two email accounts allegedly connected to Sarmiento. According to the affidavit, the videos document the sexual abuse of prepubescent minors, including Victim 1 and Victim 2, who are both under the age of three. Investigation of the photos section of one of the email addresses allegedly used by Sarmiento revealed hundreds of images and videos depicting child sex abuse material.
On August 11, 2021, law enforcement executed a search warrant at Sarmiento’s residence and recovered five cellular phones, as well as clothing worn by Victim 1 and Victim 2 in videos that were part of the NCMEC cyber-tips. A subsequent forensic analysis of the contents of one of the cell phones allegedly belonging to Sarmiento revealed several images that appear to be “still” images from the videos depicting the sexual abuse of Victim 1 and Victim 2. The affidavit alleges that there were also several other images located on the cell phone showing ownership attributions such as an image of a COVID-19 vaccination card in the name of Eladio Alfaro, selfies depicting Sarmiento, as well as a social security card in his name. Sarmiento was arrested on August 11, 2021 on State charges filed in Prince George’s County related to child pornography and rape and has been detained since his arrest.
If convicted, Sarmiento faces a mandatory minimum sentence of 15 years in federal prison and a maximum sentence of 30 years in federal prison for production of child pornography. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. At today’s initial appearance in U.S. District Court in Greenbelt, U.S. Magistrate Judge Charles B. Day ordered that Sarmiento be detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Erek L. Barron commended HSI, the Maryland State Police Internet Crimes Against Children Task Force, and the Prince George’s County State’s Attorney for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorneys Kelly O. Hayes, who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Presque Isle Man Pleads Guilty to Federal Drug ChargeRead the Press Release
BANGOR, Maine: A Presque Isle man pleaded guilty today in U.S. District Court in Bangor to conspiracy to distribute and to possess with intent to distribute methamphetamine, U.S. Attorney Darcie N. McElwee announced.
According to court records, between January 2017 and August 2018, Connor Clark, 24, and other members of the conspiracy distributed large quantities of methamphetamine in northern Maine. Clark, at the direction of a co-conspirator, coordinated multi-pound shipments of methamphetamine from sources in Arizona and Colorado to conspirators who distributed it in Aroostook County. Members of the conspiracy sent thousands of dollars in cash to those sources in order to supply its drug trafficking enterprise.
Clark faces up to life in prison and a $10 million fine. He will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Portland Man Sentenced to Federal Prison for Role in Bank Fraud SchemeRead the Press Release
PORTLAND, Ore.—A Portland man was sentenced to federal prison today for his role in a fraud scheme whereby he and a co-conspirator would steal mail from residential mailboxes and use stolen personal identification information to defraud local banks.
Demontae Sanders, 48, was sentenced to 10 months in federal prison and five years’ supervised release. Restitution will be determined at a later date.
According to court documents, beginning on an unknown date and continuing until at least July 7, 2020, Sanders and an accomplice, Latanya Jenkins, 50, also of Portland, conspired with one another to steal mail from residential mailboxes throughout the Portland Metropolitan Area. Sanders and Jenkins stole checks, credit cards, and other personal identity information that they used to impersonate victims and open accounts at several local credit unions and banks. Sanders and Jenkins used the accounts to defraud these financial institutions.
To further their scheme, Sanders and Jenkins communicated with one another by text and used the internet at Jenkins’ residence to open several bank accounts using stolen information. Sanders and Jenkins collected hundreds of stolen financial documents including bank statements, checks, tax returns, U.S. Passports, and other government-issued identification documents. The pair also stole and cashed an Economic Impact Payment check issued by the U.S. Treasury.
On September 24, 2020, a federal grand jury in Portland returned an 18-count indictment charging Sanders and Jenkins with conspiracy to commit bank fraud, bank fraud, aggravated identity theft, and mail theft. On May 4, 2021, Sanders pleaded guilty to conspiring to commit bank fraud and mail theft.
On August 23, 2021, Jenkins pleaded guilty to conspiring to commit bank fraud, mail theft, and aggravated identity theft. She will be sentenced on December 14, 2021.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated jointly by Homeland Security Investigations and the U.S. Postal Inspection Service. Assistant U.S. Attorney Seth D. Uram prosecuted the case.
Online Vendor Sentenced in $5 Million Postage Fraud SchemeRead the Press Release
NEWS RELEASE SUMMARY – November 1, 2021
SAN DIEGO – Cuong H. Nguyen was sentenced in federal court today after pleading guilty to a conspiracy to engage in a wide-ranging postage counterfeiting, forging, and tampering scheme that, over the course of multiple years and more than 160,000 packages, deprived the U.S. Postal Service (“USPS”) of approximately $5 million of postage due and owing.
Special Agents from U.S. Postal Inspection Service, IRS Criminal Investigation, and the Financial Investigations and Border Crimes Task Force (the “FIBC”—a multiagency Task Force based in San Diego and Imperial Counties, funded by the Treasury Executive Office of Asset Forfeiture)—led the investigation. As he admitted at the sentencing hearing before Hon. Cynthia A. Bashant, Cuong digitally altered, counterfeited, forged, and tampered with various “postage evidencing systems”—i.e., postage meters. These postage meters are intended to expedite the delivery and shipment of USPS packages by allowing mailers to purchase and affix postage labels in advance of depositing them into the mail.
In sentencing Mr. Nguyen, Judge Bashant said, “The USPS provides a valuable service. Fraudulent acts like this will prevent us from having the postal service in years to come.” Nguyen primarily used the postage evidencing system known as Click-N-Ship® when sending packages of beverages and food products from his businesses in San Diego. When the USPS received the packages with labels that Nguyen and others had altered, forged, and counterfeited, they paid much less to the USPS than was owed, but the packages—approximately 162,221 between 2015 and 2019—were delivered anyways.
Acting U.S. Attorney Randy S. Grossman said, “I commend the work of the USPIS, IRS-CI, and the FIBC for unraveling this complex web of digital crime. This is a great example of how the U.S. Attorney’s Office will continue to work collectively with our law enforcement partners to pursue the most challenging investigations as we protect our nation’s resources, including the U.S. Postal Service.”
“With the U.S. Postal Service delivering almost 150 billion pieces of mail annually scammers mistakenly believe they can hide and profit from postage fraud,” stated Inspector in Charge Carroll N. Harris III of the U.S. Postal Inspection Service Los Angeles Division. “The U.S. Postal Inspection Service has over 246 years of defending the nation’s mail system. We remain steadfast in exposing scammers. Today’s sentencing reaffirms the commitment Postal Inspectors have in holding criminals accountable and ensuring the public trust in the mail.”
“Mr. Nguyen perpetrated a complex postal fraud scheme and enriched himself with funds stolen from the United States,” said Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation’s Los Angeles Field Office. “IRS Criminal Investigation is proud to lead the FIBC and to work with our law enforcement partners to root out financial frauds and to protect our country’s critical infrastructure.”
As a result of the conspiracy, Nguyen underpaid $5,127,712.88 in postage to the USPS, resulting in net profits to Nguyen, his businesses, and others of $862,374.00. His sentence of 3 years’ probation includes the obligation to forfeit $862,374.00, as profits, proceeds, and property obtained directly or indirectly from the conspiracy.
DEFENDANT Case Numbers 21-CR-1131-BAS
Cuong H. Nguyen San Diego, CA Age: 37
SUMMARY OF CHARGES
Criminal Conspiracy – Title 18, U.S.C., Section 371
Maximum penalty: Five years in prison, forfeiture, and $250,000 fine
AGENCIES
United States Postal Inspection Service
IRS Criminal Investigation—Financial Investigations and Border Crimes Task Force
Ohio Man Pleads Guilty to Attempting to Provide Material Support to a Foreign Terrorist OrganizationRead the Press Release
An Ohio man, who was scheduled to start jury trial today, pleaded guilty Friday evening to one count of attempting to provide material support – himself, as personnel – to foreign terrorist organizations, namely ISIS and ISIS Wilayat Khorasan (ISIS-K).
According to court documents, Naser Almadaoji, 22, an Iraqi-born U.S. citizen of Beavercreek, purchased a plane ticket for travel on Oct. 24, 2018, and was arrested at John Glenn International Airport after checking in and obtaining his boarding pass.
The defendant intended to travel to Astana, Kazahkstan, where he planned to be smuggled into Afghanistan so that he could join and receive military training from ISIS-K in support of both that terrorist group and ISIS. Almadaoji explained to an individual whom he believed to be an ISIS supporter that he wanted “weapons experts training, planning and executing, hit and run, capturing high value targets, ways to break into homes and avoid security guards. That type of training.” He began making travel plans in September 2018.
Prior to that, between Feb. 16 and 24, 2018, Almadaoji traveled to Egypt and Jordan for the purpose of joining ISIS’s affiliate in the Sinai Peninsula, ISIS Wilayat Sinai, another designated foreign terrorist organization, but he ultimately was unsuccessful.
Almadaoji told an individual posing as an ISIS supporter online about his proposed plot to start a conflict in the United States between the federal government and anti-government militias. He asked the purported ISIS supporter for a guide on how to make a car bomb.
In August 2018, Almadaoji also told the purported ISIS supporter that he was “always willing” to assist with “projects” in the United States.
Almadaoji recorded and sent a video of himself wearing a headscarf and pledging allegiance to the leader of ISIS.
In addition, Almadaoji translated a purported ISIS document from Arabic to English, and he told his contact, whom Almadaoji believed to be part of ISIS, “Don’t thank me . . . it’s my duty.”
Almadaoji pleaded guilty to attempting to provide material support and resources to a foreign terrorist organization. He is scheduled to be sentenced on Jan. 31, 2022, and faces a maximum penalty of up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division; Acting U.S. Attorney Vipal J. Patel for the Southern District of Ohio; Assistant Director Timothy Langan of the FBI’s Counterterrorism Division; Special Agent in Charge J. William Rivers of the FBI’s Cincinnati Field Office; Director Alan J. Hill of Oakwood Public Safety; and Green County Sheriff Gene Fischer made the announcement.
Assistant U.S. Attorneys Dominick S. Gerace and Nicholas A. Dingeldein for the Southern District of Ohio, and Trial Attorney Justin Sher of the National Security Division’s Counterterrorism Section are prosecuting the case.
New York Man Admits Defrauding Investors of More Than $3.5 Million through Securities Offering SchemeRead the Press Release
TRENTON, N.J. – A New York man today admitted perpetrating a scheme to defraud more than 70 investors through a long-running securities offering fraud that raised more than $4 million and caused investor losses of more than $3.5 million, Acting U.S. Attorney Rachael A. Honig announced.
Donald A. Milne III, 57, of Massapequa, New York, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging him with one count of securities fraud.
According to documents filed in this case and statements made in court:
Beginning in 2012, Milne founded Instaprin Pharmaceuticals Inc. (Instaprin), a purported pharmaceutical corporation that operated in New York, for the stated purpose of developing a fast-acting form of powdered aspirin that could instantly stop heart attacks and strokes. Instaprin was a successor entity to another New York corporation, SPI Acquisition Corp. (SPI), which Milne founded in 2010 for the stated purpose of acquiring assets for the development of the same fast-acting form of powdered aspirin. Milne was the founder, president, and chief executive officer of Instaprin and SPI, and exercised complete and exclusive control over them, including the offer, marketing, and sale of securities issued by those entities.
From as early as 2013 and through 2018, Milne executed a scheme to defraud dozens of investors in Instaprin and SPI securities through multiple and ongoing material misrepresentations concerning, among other things, how the victims’ investment money would be used and how their past investments had performed, so that Milne could misappropriate substantial sums of the investors’ money for his own personal gain and enrichment. Through at least four separate unregistered securities offerings that he caused Instaprin or SPI to issue between 2013 and 2016, Milne received more than $4 million in investment proceeds from victim investors across the country, and deposited the investment funds in one or more bank accounts that he controlled.
Milne misrepresented to victim investors the manner in which he and Instaprin/SPI would maintain and use the funds raised through Instaprin securities offerings. For example, Milne represented in written offering materials transmitted to investors that their investment funds would be used to pay the “normal day-to-day operating expenses” of Instaprin, as well as “the costs involved in developing and commercializing its products,” including “Batch/stability testing,” “Manufacturing,” “Market/advertising consultant,” and “Salaries/rent/insurance [and] General working capital.” Milne also falsely represented in the offering materials that he had assembled “a very strong world renowned board of directors and medical advisory board” that included industry leaders in fields of science and finance. Milne also misrepresented to investors that specific individuals had joined Instaprin as directors, advisors, and/or shareholders of Instaprin, when in fact, those individuals were not involved with Instaprin. Milne made numerous false and misleading statements in investment updates distributed to investors between April 2014 and September 2018, including: Instaprin’s product had been approved by the U.S. Food and Drug Administration (FDA); Instaprin was nearing a product launch and public stock offering; and Instaprin had contracted with a New Jersey research company for an FDA-approved clinical trial. Milne also represented that Instaprin was in negotiations with large pharmaceutical corporations for joint business ventures, which Milne represented were imminent. Milne made these and other similar representations knowing that they were false and misleading.
Milne misappropriated a substantial majority of the investors’ funds to pay out distributions to other investors in a Ponzi-scheme fashion; pay for Milne’s personal expenses, including a Caribbean vacation, boating expenses, divorce payments, clothing, and spa treatments; and to sustain and operate Island Raceway & Hobby Inc., a toy race car business that Milne separately owned.
In May 2019, the Securities and Exchange Commission filed a civil complaint against Milne and Instaprin in New Jersey federal court regarding the fraudulent scheme to which Milne pleaded guilty today. That matter was resolved through the entry of final judgments permanently enjoining Milne and Instaprin from violating the charged provisions of the federal securities laws, ordering full disgorgement, prejudgment interest, and civil penalties.
The securities fraud charge to which Milne pleaded guilty carries a maximum potential sentence of 20 years in prison and a $5 million fine. Sentencing is scheduled for March 24, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI Trenton Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea. She also thanked the SEC’s Philadelphia Regional Office, under the direction of Kelly L. Gibson, for its substantial assistance with the investigation.
The government is represented by Assistant U.S. Attorney J. Brendan Day, Attorney-in-Charge of the U.S. Attorney’s Office’s Trenton Office, and Assistant U.S. Attorney Heather Suchorsky of the Economic Crimes Unit in Newark.
New Orleans Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – JAMAR ARMSTRONG, age 37, of New Orleans, Louisiana, pleaded guilty on October 28, 2021 before the Honorable Eldon E. Fallon to charges of violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, ARMSTRONG conspired to possess with the intent to distribute and to distribute more than 100 grams of heroin and more than 40 grams of fentanyl.
Sentencing is scheduled for February 4, 2021. ARMSTRONG faces a penalty of at least 5 years up to 40 years in prison, a fine of $5,000,000, at least four years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee.
This case was investigated by Special Agents of the Federal Bureau of Investigation (FBI). The prosecution is being handled by Assistant United States Attorney David Haller.
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New Orleans Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – WAYNE BROWN, age 35, of New Orleans, Louisiana, pleaded guilty on October 28, 2021 before the Honorable Eldon E. Fallon to charges of violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, BROWN conspired to possess with the intent to distribute and to distribute more than 100 grams of heroin and more than 40 grams of fentanyl.
Sentencing is scheduled for February 4, 2021. BROWN faces a penalty of at least 5 years up to 40 years in prison, a fine of $5,000,000, at least four years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee.
This case was investigated by Special Agents of the Federal Bureau of Investigation (FBI). The prosecution is being handled by Assistant United States Attorney David Haller.
New Kensington Man Sentenced for Misappropriating VA BenefitsRead the Press Release
PITTSBURGH, PA - A resident of New Kensington, Pennsylvania, was sentenced in federal court following his guilty plea to a charge of misappropriation of U.S. Department of Veterans Affairs (“VA”) beneficiary funds, Acting United States Attorney Stephen R. Kaufman announced today.
United States District J. Nicholas Ranjan sentenced Andrew Ziacik, 57, to one day of imprisonment followed by three years of supervised release. Ziacik was also ordered to pay a $4,000 fine.
During the defendant’s plea hearing on June 2, 2021, the defendant admitted that between 2013 and 2017, he was the appointed Federal Fiduciary for a VA beneficiary—his older brother, who was a service-disabled veteran. In his role as a Fiduciary, the defendant was responsible for receiving his brother’s VA income and ensuring that all of his debts were paid. Between July 2013 and late 2017, the defendant admitted that he violated the terms of his Fiduciary Agreement by, among other things, misappropriating his brother’s VA funds for the defendant’s personal benefit, including by using VA funds to finance a Harley Davidson motorcycle, purchase a diamond ring, and buy a GMC Sierra truck The defendant also failed to maintain accurate records and receipts related to the disposition of his brother’s VA benefits, and he likewise failed to provide complete and accurate records in response to a formal accounting initiated by the Department of Veterans Affairs in August 2016.
As part of the defendant’s sentence, Judge Ranjan ordered that the defendant make restitution to his brother in the amount of $75,000.
Assistant United States Attorney Eric G. Olshan prosecuted this case on behalf of the government. The U.S. Department of Veterans Affairs Office of Inspector General conducted the investigation of the defendant.
New Jersey Man Convicted of Drug Trafficking in Connection with Largest Seizure of Methamphetamine in the History of DEA’s Philadelphia DivisionRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 29, 2021, David Jusino Ramirez, age 65, a New Jersey resident, was convicted of drug trafficking offenses after a five-day jury trial before United States District Court Judge Malachy E. Mannion.
According to Acting United States Attorney Bruce D. Brandler, the evidence presented at trial showed that Jusino Ramirez worked as a commercial truck driver who, in addition to legitimate cargo, transported illegal drugs from California to Pennsylvania as part of a drug trafficking organization that also involved Emmanual Roman-Figueroa, of Hazelton, and Julio Romero-Mancebo, of New Jersey. On October 8, 2020, Jusino Ramirez and Romero-Mancebo drove a tractor trailer carrying over 120 kilogram (approximately 264 pounds) of 100% pure crystal methamphetamine and 3 kilograms (approximately 6.6 pounds) of fentanyl from Montebello California to a truck stop near Hazelton, Pennsylvania. There they met with Roman-Figueroa and delivered the methamphetamine to him in exchange for $28,000 in cash. The three men were arrested by agents of the Drug Enforcement Administration along with officers from the Pennsylvania State Police and the Hazelton Police Department, who had tracked the shipment and observed the exchange. Investigators seized the drugs and cash, as well as an additional $9,000 from Roman-Figueroa’s residence. Hazelton PD Officers, working in conjunction with DEA investigators, had previously seized $371,000 in drug proceeds from Roman-Figueroa in July 2020.
A DEA expert witness testified at trial that the street value of the drugs seized would be in excess of $2.2 million. If the 3 kilograms of fentanyl was sold in its pure form, it would yield over 100,000 individual doses. The DEA expert testified that methamphetamine is sold in weights varying from single grams to ounce quantities, and estimated that the methamphetamine alone would amount to over $2 million on the street.
The jury returned a verdict of guilty on both counts of the superseding indictment, finding Jusino Ramirez guilty of conspiracy to distribute and possess with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl, and possession with intent to distribute more than 500 grams of methamphetamine and more than 400 grams of fentanyl. His codefendants previously pled guilty to felony drug trafficking charges and are awaiting sentencing.
Acting U.S. Attorney Bruce Brandler lauded the efforts of the DEA, Pennsylvania State Police, and Hazelton Police Department in disrupting this major, nationwide drug trafficking organization. “We hope this sends a message to traffickers that we will prosecute to the full extent of the law anybody who brings these deadly and addictive substances into our communities,” said Acting U.S. Attorney Brandler. “We will work tirelessly to safeguard our communities from drugs like crystal methamphetamine and fentanyl. With overdose deaths at record highs, successful investigations that result in these kinds of seizures and convictions save lives.”
The case was investigated by the Drug Enforcement Administration (DEA), the Pennsylvania State Police, and Hazleton Police Department. Assistant U.S. Attorneys Jenny Roberts and Sean A. Camoni are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. Each count also carries a mandatory minimum sentence of 10 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monongalia County man admits to child pornography chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Raymond David Bates, of Morgantown West Virginia, has admitted to a child pornography charge, United States Attorney William J. Ihlenfeld, II announced.
Bates, 43, pleaded guilty today to one count of “Possession of Child Pornography.” Bates admitted to having child pornography depicting minors under the age of 12 in July and August of 2019 in Monongalia County.
Bates faces up to 20 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The FBI investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Midvale Man Sentenced for Arson of West Valley City Apartment BuildingRead the Press Release
SALT LAKE CITY – Luis Fernando Bueso Romero, 23, of Midvale, was sentenced to 60 months in federal prison for the arson of a West Valley City apartment building yesterday in United States District Court.
In the plea agreement, Bueso-Romero admitted that on February 1, 2020, he set fire to the Overlook Point Apartments located at 4612 South and 2930 West in West Valley City, Utah. Bueso-Romero admitted that he poured gasoline on the building and then ignited the gasoline with fire, causing the building containing eight apartments to catch fire and become engulfed in flames, which caused several residents to flee their homes. In documents filed with the court, Bueso admitted that he set fire to the apartment buildings because of the sense of betrayal that he felt towards his ex-girlfriend who had recently left him, and who occupied one of the Overlook Point Apartments at the time the arson occurred.
In addition to the 60 months sentence in federal prison, Bueso-Romero has been ordered to pay $885,335.95 dollars in restitution to victims of his crime and to serve three years of supervised release if he is not deported to Honduras upon his release.
“Arson is a serious crime that endangers the lives of innocent victims living inside of the buildings as well as the safety of the firefighters who are responsible for responding to the fire,” said Acting United States Attorney Andrea T. Martinez. “Federal and local fire investigators are extremely skilled at uncovering the sources and persons responsible for these acts and our hope is that the five-year federal prison sentenced handed down in this case will deter future arsons in our community.”
“This arson posed an extreme danger to the many innocent lives at the West Valley City apartment building, first responders and neighboring communities,” said ATF Special Agent-in-Charge David S. Booth. “Many lost their homes, treasured belongings, and sense of safety and security in their homes that day. We hope this sentencing brings a sense of justice, closure and peace to the many victims who are still recovering from this tragedy today.”
Assistant United States Attorneys from the U.S. Attorney’s Office for the District of Utah prosecuted this matter along with Special Agents and Investigators from the ATF, Patrol Officers and Detectives from the West Valley City Police Department, and Investigators from the West Valley City Fire Department, who conducted the investigation. The West Valley City Fire Department and the Unified Fire Department responded to the fire and conducted the suppression operations.Maryland man admits to role in drug trafficking conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Karim Irvin Brooks, of Hagerstown, Maryland, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Brooks, 26, pleaded guilty today to one count of “Aiding and Abetting Distribution of Heroin.” Brooks admitted to working with others to sell heroin in February 2020 in Berkeley County.
Brooks faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Maryland Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Maryland man pleaded guilty today to a federal gun crime. Edward Sample, 37, of Baltimore, pleaded guilty to possessing a firearm in furtherance of drug trafficking.
According to court documents, law enforcement officers executed a search warrant at a residence on Washington Avenue in Huntington on April 7, 2021. Sample, along with other individuals, was located inside the house. Agents seized a loaded Taurus 9mm firearm, a dealer amount of heroin and fentanyl, and over $1,600 in cash during the search. Sample confessed to possessing the firearm to protect his money and drugs. Sample also admitted to using the same Taurus 9mm firearm two days earlier to shoot at a house in the Cross Lanes area in order to collect a $50 drug debt. The Kanawha County Sheriff’s Department investigated that incident.
Sample faces a minimum sentence of 25 years and up to life in prison when he is sentenced on January 31, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Huntington Violent Crimes and Drug Task Force, the Huntington Police Department and the Kanawha County Sheriff’s Department.
United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Greg McVey 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. 3:21-cr-00058.
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Manchester Man Pleads Guilty to Illegally Possessing Firearms and AmmunitionRead the Press Release
CONCORD - Adrian Hardin, 27, of Manchester, pleaded guilty in federal court to possession of firearms and ammunition by a convicted felon, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on June 5, 2020, Manchester police officers responded to a domestic violence call and observed Hardin inside the residence. The caller advised police that Hardin possessed a firearm. While speaking with the caller, officers observed Hardin walking away from the residence. Officers followed Hardin and saw him run into a parking garage and exit moments later. A police dog went through the garage and located a handgun in the area of the garage where an officer had observed Hardin. After his arrest, Hardin agreed to speak to officers and admitted he possessed the firearm.
On March 18, 2021, Hardin was arrested by Merrimack police officers on a state warrant. At the time, Hardin was driving a stolen vehicle. After the vehicle was towed, an employee of the towing company located two loaded firearms in the center console. Hardin is forbidden from possessing firearms and ammunition due to a previous felony conviction in 2016.
Hardin is scheduled to be sentenced on February 7, 2022.
“To protect our community from violent crime, we must keep guns out of the hands of criminals,” said Acting U.S. Attorney Farley. “Despite being a convicted felon, this defendant nevertheless continued to arm himself with firearms. Such unlawful conduct cannot be tolerated. In our efforts to keep the Granite State safe, we will not hesitate to pursue federal prosecutions of criminals who endanger our community by possessing guns.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manchester Police Department, and the Merrimack Police Department. The case is being prosecuted by Assistant U.S. Attorney Debra M Walsh.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Indicted for Taking Controlled Substances from Kansas HospitalRead the Press Release
KANSAS CITY, KAN. – A federal grand jury in Kansas returned an indictment charging an Overland Park man on two counts of tampering with a consumer product, one count of possession of fentanyl by deception and subterfuge, and one count of possession of hydromorphone by deception and subterfuge.
According to court documents, in March 2021, Alec Ramirez, 30, a registered nurse, is accused of removing vials of fentanyl and hydromorphone from an automated dispensing cabinet at Menorah Medical Center in Overland Park and replacing the substances with an alternate liquid then returning the vials to the cabinet.
The Drug Enforcement Administration and the Food and Drug Administration – Office of Criminal Investigations are investigating the case.
Assistant U.S. Attorneys Faiza Alhambra and Trent Krug are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Man Illegally Living in Peoria Sentenced to 37 Months in Prison for Possession of a Sawed-Off ShotgunRead the Press Release
PEORIA, Ill. – A man illegally living in Peoria, Illinois – Pedro Lozolla, 28, of the 2100 block of West Garden Street – was sentenced on October 29, 2021, to 37 months in federal prison, to be followed by three years of supervised release, for unlawful possession of a firearm by an illegal alien.
The firearm recovered was a modified ERA 12-gauge shotgun, the barrel of which had been sawed off. The stock of the gun had been removed and replaced with an aluminum baseball bat. At sentencing, the government noted that Lozolla had admitted to police that he had been selling drugs for several months and possessed the firearm because he liked how it looked.
Lozolla pleaded guilty to the charge in June 2021 and agreed to forfeiture.
The statutory penalties for possession of a firearm by an unlawful alien are no more than 10 years imprisonment, up to 3 years of supervised release, and a $250,000 fine.
This case was the result of a joint investigation by the Drug Enforcement Administration; Department of Homeland Security, Immigration and Customs Enforcement; and the Peoria County Sheriff’s Office. Assistant U.S. Attorney Katherine Legge represented the government in the prosecution.
Long-Time Civil Chief of Connecticut U.S. Attorney's Office RetiresRead the Press Release
After serving as an Assistant U.S. Attorney in the District of Connecticut for 40 years, and as Chief of the U.S. Attorney’s Office Civil Division for more than 30 years, John B. Hughes today retired from federal service.
Hughes, a resident of Branford, joined the U.S. Attorney’s Office for the District of Connecticut as a Special Assistant in February 1980, and was appointed an AUSA in November 1981. In June 1989, he was named Chief of the Civil Division, and he held that position since that time. Hughes served under 14 U.S. Attorneys, and as Civil Chief under 12 of those U.S. Attorneys.
During his 41 years of service and, in particular, his time as Civil Division Chief, Hughes demonstrated the highest level of integrity and skill in all his duties. His rigorous attention to detail ensured that the Civil Division’s mission consistently reflected well on the District and the Justice Department. Under his management, the District of Connecticut created robust Affirmative Civil Enforcement and Health Care Fraud programs, which produced hundreds of millions of dollars in civil recoveries. He oversaw the successful defense of numerous complex medical malpractice and tort cases, and he personally litigated tribal recognition cases involving voluminous records and discovery lasting several years. Also, Hughes was a founding member and the first chairperson of the Civil Chiefs Working Group.
In 2011, Hughes received the Executive Office for U.S. Attorneys Director’s Executive Achievement Award, one of the Justice Department’s highest awards for employee performance.
“With his dedication, commitment, and solid grace, John Hughes has instilled all members of the U.S. Attorney’s Office with a sense of reverence for our responsibilities and an appreciation for what it means to represent our fellow citizens,” said Acting U.S. Attorney Leonard C Boyle. “Throughout his career, John has exemplified the highest traditions of the Department of Justice. He has been a dedicated advocate, a thoughtful and kind leader, and a steadfast friend. I know that everyone joins me in wishing John a long, healthy and happy retirement.”
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The Office is composed of approximately 68 Assistant U.S. Attorneys and approximately 54 staff members at offices in New Haven, Hartford and Bridgeport.
For more information about the U.S. Attorney’s Office for the District of Connecticut, please visit www.justice.gov/ct.
Local Man Sentenced for Firing Handgun into Federal CourthouseRead the Press Release
PORTLAND, Ore.—A Beavercreek, Oregon man was sentenced today for discharging a firearm into the Mark O. Hatfield United States Courthouse in Downtown Portland on January 8, 2021.
Cody Levi Melby, 40, was sentenced to five years’ federal probation.
“Cody Melby is a disabled combat veteran who, after becoming detached from his mental health support system, made an extraordinarily poor and dangerous decision to fire a gun at the Hatfield Courthouse. Fortunately, nobody was injured during this incident,” said Scott Erik Asphaug, Acting U.S. Attorney for the District of Oregon. “The sentence imposed today will ensure Mr. Melby receives the treatment he needs while also protecting the community.”
“We commend the work of our partners, the Federal Protective Service and U.S. Attorney's Office, in resolving this troubling incident. When appropriate, we are always looking for ways to divert people away from violence and direct them toward rehabilitation. In many cases this happens out of the public eye, but in a situation like this one we want to highlight that a holistic response is sometimes more effective,” said Kieran L. Ramsey, Special Agent in Charge of the FBI in Oregon.
According to court documents, at approximately 7:35pm on January 8, Melby jumped over a security fence at the Hatfield Federal Courthouse and fired several rounds into the building’s exterior with a 9mm handgun. Two courthouse security officers exited the building and approached Melby after observing him on a closed-circuit security camera. Melby told the officers he had a gun and the officers placed him in handcuffs without further incident.
Federal Protective Service officers dispatched to the scene located five spent 9mm bullet casings, three spent bullets, three bullet holes in plywood affixed to the building’s stone columns, and damage to the metal soffit above the building’s main entrance.
After his arrest, Melby was charged by criminal complaint with destruction of government property. Later, on January 21, 2021, a federal grand jury in Portland returned a one-count indictment charging Melby with possession of a firearm in a federal facility. On October 14, 2021, Melby pleaded guilty to the single charge.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the Federal Protective Service and FBI. It was prosecuted by Assistant U.S. Attorney Paul Maloney.
Leaders of Violent Chicago Street Gang and Several Members and Associates Charged in Federal Racketeering IndictmentRead the Press Release
CHICAGO — A federal indictment unsealed today charges 13 alleged leaders, members, and associates of the Wicked Town faction of the Traveling Vice Lords street gang with participating in a criminal organization that murdered rivals and violently protected a drug-dealing operation on the West Side of Chicago.
The indictment alleges that the Wicked Town faction engaged in numerous acts of violence, including at least 19 murders, 19 attempted murders, several armed robberies, and assaults. The gang used threats and intimidation to prevent victims and witnesses from cooperating with law enforcement, the charges allege. Wicked Town members regularly promoted their violent enterprise on social media, posting comments, photos, and videos to proclaim membership in the gang, taunt rival gang members, and boast about murders and other acts of violence, the indictment states. The gang operated primarily in Chicago’s Austin neighborhood, where members allegedly maintained “trap houses” to store firearms and illegal narcotics, including cocaine and heroin.
During the course of the multi-year probe, law enforcement seized 46 firearms, approximately 1,000 rounds of ammunition, approximately 17 kilograms of cocaine, approximately seven kilograms of heroin, and approximately 100 grams of crack cocaine.
All 13 defendants are in law enforcement custody. Arraignments will be scheduled in U.S. District Court in Chicago.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Substantial assistance in the investigation was provided by the Chicago office of the IRS Criminal Investigation Division, Chicago Field Division of the U.S. Drug Enforcement Administration, Cook County State’s Attorney’s Office, Cook County Sheriff’s Office, Chicago Field Office of the FBI, the Chicago High Intensity Drug Trafficking Area program (HIDTA), and the Organized Crime Drug Enforcement Task Force (OCDETF). The government is represented by Assistant U.S. Attorneys John D. Mitchell and Jimmy L. Arce.
“In bringing this racketeering indictment, we are seeking to hold accountable those who played a central role in significant gang violence on the West Side of Chicago,” said U.S. Attorney Lausch. “These RICO charges are the result of many federal, state, and local law enforcement partners working together to fulfill a common mission – reducing gun violence and keeping the people of Chicago safe.”
“ATF remains committed to investigating those responsible for gun violence in Chicago,” said ATF SAC de Tineo. “The resulting indictment underscores the importance of collaboration among law enforcement in keeping the community safe from gun violence.”
Charged with racketeering conspiracy are Chicago residents DONALD LEE, 39; DESHAWN MORGAN, 39; MARQUEL RUSSELL, 44; DARIUS MURPHY, 22; TORANCE BENSON, 29; DAVION RUSSELL, 21; DESHON GEORGE, 28; NASHON JOHNSON, 42; DANTE DOCKETT, 43; DEMOND BROWN, 28; VICTOR TURNER, 30; WILLIE GARDLEY, 27; and DAVID ARRINGTON, 26.
The 21-count superseding indictment alleges that members and associates of the Wicked Town faction carried out the murders as part of the gang’s criminal enterprise, and that certain individual members committed some of the killings to maintain and increase their position in the gang. The murders charged in the indictment are as follows:
- Arrington allegedly murdered Ronald Boyd on Aug. 22, 2020, in Chicago.
- Turner allegedly murdered Sammy Hodges on March 10, 2019, in Chicago.
- Morgan, Murphy, and Brown allegedly murdered Donald Holmes, Jr. and Diane Taylor, on Jan. 31, 2018, in Chicago.
- Murphy, Brown, Gardley, and Arrington allegedly murdered Uriah Hughes on Jan. 11, 2018, in Chicago.
- Murphy, Brown, Lee, and Gardley allegedly murdered Kishaun Mobley on Dec. 23, 2017, in Chicago.
- Murphy allegedly murdered Alfred Stovall on April 28, 2017, in Chicago.
- Dockett and Davion Russell allegedly murdered Derrick Jones and Stephen Tucker on Dec. 23, 2016, in Chicago.
- Benson allegedly murdered Martel Howard on Jan. 21, 2016, in Chicago.
- Murphy and Brown allegedly murdered Dan Rance on Sept. 2, 2015, in Chicago.
- Murphy, Brown, and Lee allegedly murdered James Douthard on Aug. 23, 2015, in Chicago.
- Turner and Lee allegedly murdered Malcolm Willie on July 15, 2015, in Chicago.
- Gardley and Lee allegedly murdered Charlie Weathers on May 23, 2015, in Chicago.
- Brown allegedly murdered Abraham Cooper on Dec. 23, 2014, in Chicago.
- Brown and Benson allegedly murdered Ron Hernandez on Dec. 21, 2014, in Chicago.
- Lee allegedly murdered John Johnson on June 15, 2003, in Chicago.
- Lee and Johnson allegedly murdered Ernest Moore on Dec. 23, 2002, in Chicago.
- Lee allegedly murdered Lamont Ware on July 22, 2000, in Chicago.
The indictment also charges several of the defendants with federal firearm and drug trafficking violations.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Racketeering conspiracy generally carries a maximum sentence of 20 years in federal prison, but a life sentence is possible for certain underlying charged activities. Several of the defendants also face a maximum of the death penalty if convicted of certain murders charged in the indictment. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Laguna Pueblo man sentenced to 12 year in prison for sexually abusing childrenRead the Press Release
ALBUQUERQUE, N.M. – Floyd Emory Cheresposy, 58, of Laguna, New Mexico, and an enrolled member of Laguna Pueblo, was sentenced in federal court on Oct. 29 to 12 years in prison for abusive sexual contact in Indian Country. Cheresposy pleaded guilty on March 25.
In his plea agreement, Cheresposy admitted that between about Oct. 14, 2011, and Oct. 14, 2012, he engaged in sexual contact with Jane Doe 1, and that between about Dec. 8, 2011, and Dec. 8, 2012, he engaged in sexual contact with Jane Doe 2. Both victims were seven years old at the time of the abuse. The crimes occurred in Bernalillo County, New Mexico, on the Laguna Pueblo.
Upon his release from prison, Cheresposy will be subject to five years of supervised release and must register as a sex offender.
The Laguna office of the Bureau of Indian Affairs Office of Justice Services investigated this case with assistance from the Laguna Pueblo Police Department.
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La Crosse Man Charged with Distributing MethamphetamineRead the Press Release
MADISON, WIS. – A La Crosse, Wisconsin man is charged with drug crimes involving methamphetamine in an indictment returned on October 13, 2021 by a federal grand jury sitting in Madison. The charges are announced by Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin.
The indictment charges Corey J. Stern, 35, with 3 counts of distributing methamphetamine and 1 count of possessing 50 grams or more of methamphetamine with intent to distribute. The indictment alleges that he distributed methamphetamine twice in August 2020, once in January 2021, and that he possessed 50 grams or more of methamphetamine on June 3, 2021.
The indictment was unsealed following Stern’s transfer to federal custody today. Stern made an initial appearance in U.S. District Court in Madison today. He remains in federal custody pending a detention hearing, which has not been scheduled.
If convicted, Stern faces a maximum penalty of 20 years in federal prison on each distribution charge, and a mandatory minimum penalty of 5 years and maximum of 40 years on the charge of possessing 50 grams or more of methamphetamine for distribution. The charges against him are the result of an investigation by the La Crosse, Town of Campbell, and Mauston Police Departments; the Wisconsin State Patrol; the Juneau County Sheriff’s Office; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Justice Department awards more than $6 million in grants to Montana tribes and state of Montana for victim servicesRead the Press Release
BILLINGS — Five Montana Indian tribes and two Montana state agencies have been awarded Department of Justice grants totaling $6,631,190 to support services to victims. The funding is from the Office of Victims of Crime (OVC).
“These funds are focused on providing culturally-appropriate victim services in Indian Country communities, which experience far too much domestic and violent crime. The funds also will enhance State Victim Compensation payments to eligible crime victims. As we recognize November as National Native American Heritage Month, we need to support and highlight the work being done to help victims of violence, sexual assault and child abuse,” Acting U.S. Attorney Leif M. Johnson said.
Individual tribes or organizations receiving funds for Fiscal Year 2021 from the Tribal Victim Services Set-Aside Formula Grant Program: Victim Services Projects include:
Boys & Girls Clubs of the Northern Cheyenne Nation - $472,469
Chippewa Cree Tribe of the Rocky Boy’s Reservation - $371,289
Fort Peck Assiniboine and Sioux Tribes- $422,694
Blackfeet Tribe of the Blackfeet Indian Nation - $543,066
Confederated Salish and Kootenai Tribes - $422,695
OVC also awarded funds through the Victim of Crime Act, Victim Compensation Formula Grant program. The agencies are:
Montana Department of Justice - $609,000
Montana Department of Corrections - $3,789,977
More information on the grant funding is available from web resources here: Awards List | Funding | Office for Victims of Crime (ojp.gov).
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Justice Department Secures Settlement with Rite Aid Corporation to Make Its Online Covid-19 Vaccine Portal Accessible to Individuals with DisabilitiesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced an Americans with Disabilities Act (ADA) settlement agreement with Rite Aid Corporation (Rite Aid) to ensure that people with disabilities can get information about COVID-19 vaccinations and book their vaccinations online. Rite Aid is a publicly owned national drug store chain with its headquarters located in Camp Hill, Pennsylvania.
According to Acting United States Attorney Bruce D. Brandler, a department compliance review discovered that individuals with vision and mobility impairments could not access a portion of Rite Aid’s website known as the COVID-19 Vaccine Registration Portal, currently located at https://www.riteaid.com/covid-19. For example, those who use screen reader software and those who have difficulty using a mouse could not successfully select a date and time for their appointment and were unable to make some “yes” or “no” selections during the appointment registration process.
Title III of the ADA requires public accommodations like drugstores and grocery stores to provide individuals with disabilities with full and equal enjoyment of goods and services. The ADA also requires public accommodations to provide effective communication with people with disabilities, including through auxiliary aids and services like accessible technology.
Under the terms of this agreement, within 30 days, Rite Aid must conform its online COVID-19 vaccine content to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. WCAG is a set of industry guidelines for making information on websites accessible to users with disabilities. Rite Aid will also have to regularly test and quickly correct any issues with its COVID-19 Vaccine Registration Portal for the agreement’s 30-month duration.
“As technology increases, the internet is where people gain access to information about COVID-19 vaccines and schedule a vaccination appointment. Individuals with disabilities, including those with visual impairments and those who cannot use a mouse, must be given the same access to that information and the ease of scheduling appointments online,” said Acting U.S. Attorney Brandler. “Since the beginning of the fight against the COVID-19 pandemic, private companies have partnered with the United States. Today, with the help of Rite Aid, we make great strides in that continuing partnership by ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately.”
“Equal access to healthcare is at the heart of the rights guaranteed by the Americans with Disabilities Act (ADA),” said Assistant Attorney General Kristen Clarke of the department’s Civil Rights Division. “As the nation continues its response to the COVID-19 pandemic—through booster shots, vaccinations for children under 12, and ongoing outreach to those still in need of initial doses—people with disabilities must be able to schedule potentially lifesaving vaccine appointments as easily as people without disabilities can.”
The ADA authorizes the U.S. Department of Justice and the U.S. Attorney’s Office to undertake investigations and periodic reviews of covered establishments. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
This case was handled jointly by Assistant United States Attorney for the Middle District of Pennsylvania Michael J. Butler, and attorneys for the Disability Rights Section of the Department’s Civil Rights Division Anne Langford and Joy Welan.
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Justice Department Secures Agreement with Rite Aid Corporation to Make Its Online COVID-19 Vaccine Registration Portal Accessible to Individuals with DisabilitiesRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania today announced a settlement agreement with Rite Aid Corporation that will help people with disabilities get information about COVID-19 vaccinations and book their vaccination appointments online.
Rite Aid’s COVID-19 Vaccine Registration Portal, currently located at https://www.riteaid.com/covid-19, was not accessible to some people with disabilities, including those who use screen reader software and those who have a hard time using a mouse. For instance, the calendar on Rite Aid’s website used for scheduling vaccine appointments did not show screen reader users any available appointment times, and people who use the tab key instead of a mouse could not make a choice on a consent form that they needed to fill out before scheduling their appointment.
“Equal access to healthcare is one of the most important rights guaranteed by the Americans with Disabilities Act,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “As the nation continues its response to the COVID-19 pandemic — through booster shots, vaccinations for children under 12, and ongoing outreach to those still in need of initial doses — people with disabilities must be able to schedule potentially lifesaving vaccine appointments as easily as people without disabilities can.”
Under today’s settlement, Rite Aid has agreed to make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. WCAG is a set of voluntary industry guidelines for making information on a website accessible to users with disabilities. Rite Aid also must regularly test the pages of its website about vaccine scheduling and information and quickly fix any problems that keep people with disabilities from being able to use these pages.
“As technology increases, the internet is where people gain access to information about COVID-19 vaccines and schedule a vaccination appointment,” said Acting U.S. Attorney Bruce D. Brandler for the Middle District of Pennsylvania. “Individuals with disabilities, including those with visual impairments and those who cannot use a mouse, must be given the same access to that information and the ease of scheduling appointments online. Since the beginning of the fight against the COVID-19 pandemic, private companies have partnered with the United States. Today, with the help of Rite Aid, we make great strides in that continuing partnership by ensuring individuals with disabilities have the ability to schedule a COVID-19 vaccination independently and privately.”
This matter was handled jointly by the Disability Rights Section of the department’s Civil Rights Division and Civil Rights Coordinator Michael Butler of the U.S. Attorney’s Office for the Middle District of Pennsylvania. Title III of the Americans with Disabilities Act (ADA) requires public accommodations like drugstores and grocery stores to provide individuals with disabilities with full and equal enjoyment of goods and services, such as vaccines. The ADA also requires public accommodations to ensure effective communication with people with disabilities, including by using auxiliary aids and services like accessible technology.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at www.ada.gov/complaint. Anyone in the Middle District of Pennsylvania may also report civil rights violations to the Civil Rights Coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
Jury Declares Miami Man Guilty of Armed Robbery SpreeRead the Press Release
Miami, Florida — An armed robber who spent a week in October 2019 holding up convenience stores in Miami-Dade and Broward Counties was found guilty last week by a federal jury on 10 counts of Hobbs Act robbery.
During the nine-day jury trial in Miami federal court, Assistant U.S. Attorneys Brooke Latta and Ajay Alexander proved that Jonathan Wayne Daniels, 39, from Miami, committed the robberies.
The evidence included testimony from victimized store employees, multiple positive identifications of Daniels, and video surveillance footage, among other things. In addition, the AUSAs presented evidence that during law enforcement’s investigation of the robberies, officers learned that the suspected robber was staying at a motel in Miami. When officers arrived at the suspect’s motel room door and announced themselves, Daniels — who was inside the room — jumped out a window, leapt over a fence, and began sprinting towards a nearby expressway. Officers caught Daniels mid-sprint and arrested him.
U.S. District Judge Donald L. Graham, who sits in Miami, will sentence Daniels on January 14, 2022, at 1:00 p.m. Daniels faces up to 20 years in federal prison on each count of conviction.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge FBI Miami, announced the guilty verdict.
FBI Miami investigated the case, with assistance from Miami Dade Police Department, Miami Gardens Police Department, City of Miami Police Department, Miramar Police Department, Broward Sheriff’s Office, and Pembroke Pines Police Department.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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 19-cr-20708.
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Inmate Sentenced for Possessing Weapon at FCI McDowellRead the Press Release
BLUEFIELD, W.Va. - An inmate at the Federal Correctional Institution (FCI) at McDowell was sentenced today for possessing a weapon at the correctional facility. Jorge Amador, 47, was sentenced to one year in prison to run consecutively to the sentence he currently is serving.
According to court documents, Amador possessed a handcrafted weapon commonly known as a “shank” on August 13, 2020. During a search of Amador, a staff member from FCI McDowell found the shank, which was a piece of metal approximately 7 ½ inches in length, sharpened to a point at one end, with thread tied around the other end to form a handle. Amador admitted to staff members that he did possess the handcrafted weapon. Amador also admitted that the shank was designed and intended to be used as a weapon.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled 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. 1:21-cr-00082.
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Infectious Disease Clinic Agrees to Pay $325k to Resolve Fraud ClaimsRead the Press Release
MACON, Ga. – A civil settlement has been reached with Infectious Disease Consultants of Georgia (IDC), an infusion clinic with six out-patient locations in the greater Atlanta area.
IDC agreed to pay $325,000 to the United States to resolve allegations that it violated the False Claims Act by submitting bills to the Medicare program for infusion services provided by unlicensed or otherwise unapproved individuals. The settlement marks the end of a years-long investigation into IDC’s billing practices that began with a qui tam case filed in the Middle District of Georgia.
“We are committed to protecting the public trust and will carefully investigate allegations of fraud in pursuit of this mission,” said Acting U.S. Attorney Peter D. Leary. “I want to thank the U.S. Department of Health and Human Services for their work investigating these allegations, and also want to thank IDC for cooperating fully during the investigation and resolution of these claims.”
“To ensure patients receive quality care and taxpayer-funded federal healthcare programs are properly billed, Medicare only pays for medical services provided by licensed, credentialed and approved professionals. Therefore, we will continue to investigate allegations of unapproved providers billing federal healthcare programs,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We are proud to work with the U.S. Attorney’s Office staff to investigate this case and also acknowledge IDC for fully cooperating during the investigation and resolution of this matter.”
Federal health care programs, such as Medicare, allow infusion services to be provided and billed only when they are provided by certain licensed and approved providers. The alleged scheme in this case concerned IDC’s submission of claims to Medicare for infusion services improperly rendered by unlicensed or otherwise unapproved individuals. IDC fully cooperated during the investigation, after which the parties agreed to resolve the allegations described herein. The claims covered by the settlement are allegations only, and there has been no determination of liability.
The case was investigated by Special Agent Shawn McAleer of the U.S. Department of Health and Human Services—Office of Inspector General and Investigator Shaketia Morgan, formerly of the U.S. Attorney’s Office for the Middle District of Georgia. The Government’s civil settlement was reached by Assistant U.S. Attorney Bowen Reichert Shoemaker.
Indianapolis Man Convicted of Conspiracy to Commit Securities Fraud and Wire FraudRead the Press Release
HAMMOND- George McKown, 70, of Indianapolis, Indiana, was convicted Friday, October 29, 2021, after a 5-day jury trial before United States District Court Judge Philip P. Simon, announced United States Attorney Clifford D. Johnson.
According to documents in the case, McKown was charged with conspiracy to commit securities fraud and wire fraud. George McKown and co-defendant, Richard Gearhart, sold securities to people who invested their traditional retirement accounts, pensions, annuities, and cash with the defendants’ company, Asset Preservation Specialists. McKown and Gearhart promised investors a six to eight percent return on their investment and ensured liquidity. McKown and Gearhart provided investors fraudulent monthly statement showing positive returns on their investments when, in reality, they were actually losing money. Without the investors’ knowledge or consent, McKown and Gearhart used investors’ money to fund various business ventures in which McKown, Gearhart, or both had an interest. The loss to the investors was over five million dollars.
In July 2021, Gearhart pled guilty and was sentenced to five years in prison and ordered to pay more than $5.3 million in restitution. McKown’s sentencing is scheduled for February 8, 2022. Any specific sentence to be imposed, will be determined by the judge after consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was the result of a joint investigation by the United States Postal Inspection Service, the Federal Bureau of Investigation, and the Indiana Secretary of State Securities Division. This case is being prosecuted by Assistant U.S. Attorneys Toi D. Houston and Thomas M. McGrath.
Illinois Man Sentenced to Five Years in Federal Prison for Viewing Child Sex Abuse Images While Traveling on A Commercial AirplaneRead the Press Release
Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Donald Max Ingram (70, Illinois) to five years in federal prison for possessing and viewing images of children being sexually abused as he traveled onboard a commercial flight to Florida. The court also ordered Ingram to forfeit the electronic devices used in the commission of the offense, serve a lifetime term of supervised release, and register as a sex offender. As part of his sentence, the court also ordered Ingram to pay $3,000 in restitution to the victims of the offense.
Ingram had pleaded guilty on May 18, 2021.
According to court documents, on September 14, 2020, Ingram was on board a domestic flight to Florida when another passenger observed Ingram viewing child sex abuse material on his cellphone. The passenger alerted law enforcement when the plane landed at St. Pete – Clearwater International Airport. Pinellas County Sheriff’s Office deputies assigned to the airport detained Ingram and requested assistance from the FBI. During an interview, Ingram admitted that he had used his cellphone to access and view child sex abuse images and consented to a search of his phone. A subsequent forensic analysis of Ingram’s cellphone revealed that he possessed 59 images depicting children being sexually abused. Some of the images depicted children younger than 12 years old.
This case was investigated by the Federal Bureau of Investigation with assistance from the Pinellas County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Greenville Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BANGOR, Maine: A Greenville man pleaded guilty today in federal court to possession of child pornography, U.S. Attorney Darcie N. McElwee announced.
According to court records, beginning in January 2019, Eugene Murray, 27, began communicating with an FBI undercover agent on Kik Messenger – a free instant messaging application. These communications took place in a Kik Messenger chat group that appeared to have an interest in children and child pornography. Murray subsequently posted a link to the chat group that contained images of child pornography. Based on this and other information, a search warrant was obtained for Murray’s home. During the execution of the search warrant, Murray was interviewed and admitted to viewing child pornography. A forensic examination of Murray’s phone revealed several links containing images of child pornography.
Murray faces up to 20 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the case.
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 the Department’s Child Exploitation and Obscenity Section, 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.
Georgia woman sentenced for bribing former supervisor in the DeKalb County Tax Commissioner’s OfficeRead the Press Release
ATLANTA – Lesbia Lily Gonzalez Moreno has been sentenced for paying bribes to Gerald D. Harris, a former Supervisor in the DeKalb County Tax Commissioner’s Office, in exchange for Harris unlawfully registering vehicles.
“For months, Moreno paid bribes to illegally register vehicles without the necessary documentation,” said Acting U.S. Attorney Kurt R. Erskine. “This corruption betrayed the trust of our citizens in government and undermined public safety.”
“When citizens like Moreno pay bribes to public officials they are part of a crime that tarnishes every government official and betrays the trust of our citizens in those officials,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Along with our federal, state and local law enforcement partners, the FBI is hopeful the punishment she receives will help restore the public’s trust.”
“Ms. Moreno is rightfully being held accountable for her actions. It is our hope her sentence will deter others from engaging in corruption and schemes to defraud the government and betray public trust,” said. Sherry Boston, DeKalb County District Attorney.
“The Georgia Department of Revenue was proud to assist our federal partners in the course of this investigation. The Department’s Motor Vehicle Division is responsible for motor vehicle tag and title processing and registration statewide. Our duties include ensuring that there is integrity throughout this process and so we will continue to work diligently with both our federal and local partners to enforce the law and maintain the public trust,” said Commissioner Robyn A. Crittenden, Georgia Department of Revenue.
According to Acting U.S. Attorney Erskine, the charges, and other information presented in court: the DeKalb County Tax Commissioner’s Office is an agency of DeKalb County, Georgia, responsible for billing and collecting property taxes, processing Homestead Exemptions, and collecting delinquent taxes. In addition, the Motor Vehicle Division of the DeKalb County Tax Commissioner’s Office handled all aspects of motor vehicle registrations, including: (a) managing the collection of motor vehicle taxes, (b) issuing vehicle tags and titles, and (c) processing vehicle registration renewals for citizens and businesses located in DeKalb County, Georgia.
From July 2017 to November 2019, Gerald D. Harris served as the Supervisor of Tax Tag Clerks for the DeKalb County Tax Commissioner’s Office. In that position, Harris oversaw the Tax Commissioner North Office’s clerks who processed motor vehicle registrations and renewals for customers. As a supervisor, Harris generally interacted with customers only if a dispute existed between clerks and customers. Similarly, based on his supervisory role, the Motor Vehicle Division did not issue Harris a cash drawer or a credit card terminal, nor was Harris responsible for processing transactions or payments with customers.
From at least May 2019 to November 12, 2019, Lesbia Lily Gonzalez Moreno repeatedly paid Harris bribe payments to register unlawfully vehicles for owners who did not present a valid Georgia driver’s license or identification card. Under state law, a vehicle owner cannot register a vehicle or receive a license plate unless they present a valid Georgia driver’s license or identification card at the time of application. Nevertheless, in exchange for bribe payments, typically $200 per vehicle, Harris unlawfully registered and obtained license plates for owners identified by Moreno. In many cases, Moreno paid bribes to register vehicles for people who presented only foreign identification documents. During this period, Moreno paid Harris more than $20,000 in bribe payments.
On July 14, 2020, Harris pleaded guilty to federal program bribery and blackmail, and was sentenced to two years in prison and three years of supervised release.
Lesbia Lily Gonzalez Moreno, 47, of Atlanta, Georgia was sentenced by U.S. District Judge Timothy C. Batten to one year, one month in prison, to be followed by three years of supervised release, after she pleaded guilty to the charge of honest services wire fraud on June 22, 2021.
The case was investigated by the FBI, DeKalb County District Attorney’s Office, Georgia Department of Revenue, and DeKalb County Tax Commissioner’s Office.
Assistant U.S. Attorney Nicholas Hartigan prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Geisinger Community Health Services Agrees to $18 Million Civil SettlementRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Geisinger Community Health Services (GCHS) has agreed to pay $18,513,621.05 to resolve allegations of civil liability for submitting claims to Medicare for hospice and home health services that violated Medicare rules and regulations. GCHS voluntarily disclosed the violations.
According to the voluntary disclosures, between January 2012 and December 2017, through several affiliated entities, GCHS submitted claims to Medicare for hospice and home health services that violated Medicare rules and regulations regarding physician certifications of terminal illness, patient elections of hospice care, and physician face-to-face encounters with home health patients. After it discovered the problems, GCHS took corrective action and disclosed the matter to the United States Attorney’s Office.
“The $18 million payment in this matter reflects the priority healthcare providers should place on making sure they closely follow all Medicare rules and regulations,” said Acting U.S. Attorney Brandler. “Healthcare fraud remains a focus of the Department of Justice and the Affirmative Civil Enforcement Unit of the United States Attorney’s Office. I commend GCHS for taking this seriously, voluntarily disclosing these issues to our office and working to address the problems that led to these violations.”
This matter was handled by the Department of Health and Human Services (HHS), Office of Counsel to the Inspector General (OCIG), the Justice Department’s Civil Division Commercial Litigation Branch, Fraud Section, and AUSA Tamara Haken of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office for the Middle District of Pennsylvania.
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Former U.S. Postal Employee in Hartford Admits Stealing Cash and Gift Cards from LettersRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that NATHANIEL BONILLA, 32, of Bristol, pleaded guilty today in Bridgeport federal court to theft of mail by a postal employee.
According to court documents and statements made in court, Bonilla was a mail processing clerk at the U.S. Postal Service’s Process and Distribution Center (PDC) in Hartford. Between April 2020 and October 2020, Bonilla opened mail envelopes with a razor blade and removed cash and dozens of gift cards or prepaid debit cards for his own personal use.
In September 2020, a woman in New York mailed a letter containing a $500 Home Depot gift card to a family member in Torrington. The Torrington resident received the envelope, but it had been opened and the gift card had been removed. Bonilla was subsequently captured on Home Depot in-store surveillance footage using the gift card to buy merchandise.
On October 16, 2020, investigators confronted Bonilla as he was opening a letter with a razor blade. On that date, a search of his personal bag contained 44 gift cards that he had previously stolen while at work, and 37 opened envelopes at his workstation at the Hartford PDC.
Bonilla was arrested on November 20, 2020.
Bonilla is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny in Hartford on February 10, 2022, at which time Bonilla faces a maximum term of imprisonment of five years. Bonilla is released on a $50,000 bond pending sentencing.
This matter is being investigated by the U.S. Postal Service, Office of Inspector General and prosecuted by Assistant U.S. Attorney Hal Chen.
Individuals who believe they are a victim of mail theft are encouraged to file a complaint by calling 888-USPS-OIG, or by visiting https://www.uspsoig.gov/form/file-online-complaint.
Former Pain Management Doctor Sentenced for Illegally Dispensing Opioids, Health Care FraudRead the Press Release
PITTSBURGH, PA - A former physician has been sentenced in federal court to one day of imprisonment, to be followed by three years of supervised release, including 15 months home confinement and 300 hours community service, on his conviction of drug diversion, health care fraud and money laundering, associated with his suburban Pittsburgh holistic medical practice, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Andrzej Kazimierz Zielke, 66, of Allison Park, Pennsylvania 15101.
According to information presented to the court, Zielke owned and operated Medical Frontiers, LLC, a purported pain management practice, located in Gibsonia, Pennsylvania. On or about October 3, 2017, May 25, 2017, October 3, 2017, and December 17, 2014, Zielke knowingly dispensed and distributed Schedule II drugs, including Oxycodone, Methadone, Hydrocodone and Oxymorphone, to four patients outside the course of professional practice and not for a legitimate medical purpose. Zielke committed health care fraud by causing fraudulent claims to be submitted to Medicaid for payments to cover the costs of the unlawfully prescribed drugs. Finally, Zielke violated federal money laundering statutes when he caused approximately $150,000 in proceeds obtained through his illegal drug distribution to be wired from a bank account to Kitco Metals, Inc., in Canada to purchase silver and collector coins.
In addition to the criminal penalties, Zielke agreed to forfeit $75,359 in U.S. currency and an unvalued amount of gold coins and bullion.
Assistant United States Attorney Robert S. Cessar, and Special Assistant United States Attorney Summer F. Carroll prosecuted this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit (OFADU). The Western Pennsylvania OFADU, led by federal prosecutors in the U.S. Attorney’s Office, combines the expertise and resources of federal and state law enforcement to address the role played by unethical medical professionals in the opioid epidemic.
The agencies which comprise the Western Pennsylvania OFADU include: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, Pennsylvania Office of Attorney General – Bureau of Narcotic Investigations, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations, U.S. Office of Personnel Management – Office of Inspector General and the Pennsylvania Bureau of Licensing.
Former Nurse Found Guilty of Fraudulently Obtaining and Tampering with Opioid Pain Killer Sentenced to 36 Months in Federal PrisonRead the Press Release
SALT LAKE CITY- Nathan Pehrson, 41, of Sandy, was sentenced to 36 months in federal prison in a United States District Court yesterday after being convicted at trial by a federal jury in the District of Utah of three counts related to fraudulently obtaining and tampering with the pain killing narcotic hydromorphone, a powerful schedule II opioid drug that is used to treat patients with moderate to severe pain. Upon his release from federal prison, Pehrson was also sentenced to an additional term of 36 months of federal supervised release.
A jury had previously found that during Pehrson’s employment as a nurse on a surgical and trauma ward, that he diverted hydromorphone from pre-loaded syringes for his personal use, and then replaced the pain medication with saline solution before they were placed back into circulation for medical use by other hospital staff on other patients. Pehrson was also convicted of making false statements to a special agent from the Food and Drug Administration about his illegal activity while under investigation for his crimes.
“We hope that this sentence of three years in federal prison deters every healthcare professional from using or diverting prescription narcotics,” said Acting United States Attorney Andrea T. Martinez. “We commend the work of the hospital staff who discovered and reported the illegal activity along with the work of our partners at the FDA for investigating this matter.”
“The FDA oversees the U.S. drug supply to ensure that it is safe and effective, and those who knowingly tamper with medicines put patients’ health at risk,” said Special Agent in Charge Charles L. Grinstead, FDA Office of Criminal Investigations Kansas City Field Office. “We will continue to protect the public health and bring to justice health care professionals who take advantage of their unique position and compromise their patients’ health and comfort by tampering with needed drugs.”
Assistant United States Attorneys from the Utah U.S. Attorney’s Office prosecuted the case against Pehrson. Special Agents from the Food and Drug Administration Office of Criminal Investigations conducted the investigation.
Former Dubuque School Principal Pleads Guilty to Wire FraudRead the Press Release
A former curriculum and technology director and principal who stole at least $250,000 from the private school system in which he worked pled guilty today in federal court in Cedar Rapids, Iowa.
Todd Charles Wessels, age 49, from Dubuque, Iowa, was convicted of one count of wire fraud. In a plea agreement, Wessels admitted he was the Curriculum and Technology Director for a private, religious, not-for-profit school district in Dubuque. Wessels was responsible for ensuring that the school district met the technology needs of approximately 1,800 students at its high school, middle school, and elementary schools. Before 2016, Wessels also served in a dual role as the principal of one of the elementary schools.
Beginning on an unknown date but no later than June 2011, Wessels devised and executed a scheme to make purchases for his own benefit with the school district’s funds. Wessels made purchases of pre-paid debit cards using the school district’s store credit cards at area businesses upon the false and fraudulent pretense that he needed funds for “apps” for students’ computers. Wessels then electronically transferred the balances of the pre-paid debit cards to another account that he controlled at PayPal, Inc., an electronic payment transfer system based in California. Wessels had, without the school district’s knowledge, falsely and fraudulent opened the PayPal account in the school district’s name but under the handle “WENWESS”. Finally, Wessels provided the school district receipts for the purchases of the pre-paid debit cards on the false and fraudulent pretense that the use of the store credit cards was for legitimate purchases. Wessels also sold the school district’s computer equipment on third-party Internet websites without its knowledge or permission.
In July 2019, a new chief administrator at the school district began looking into Wessels’s spending practices. Wessels repeatedly lied to administrators and submitted fraudulent invoices and receipts to them in order to conceal his scheme to defraud. At meetings in January and February 2020, Wessels provided hardcopy versions of false, fraudulent, and fictitious spreadsheets purporting to show the apps he had purchased.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Wessels remains free on bond pending sentencing. Wessels faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Timothy L. Vavricek and was investigated by the Dubuque Police Department and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-1031.
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Former CEO of Illinois Computer Services Firm Sentenced to 13 Years in Federal Prison for Orchestrating $9 Million Fraud SchemesRead the Press Release
CHICAGO — The former Chief Executive Officer of an Illinois computer services company has been sentenced to 13 years in federal prison for orchestrating fraud schemes that bilked a global telecommunications provider and two financial companies out of a combined $9 million.
DAVID GODWIN, 59, of Germantown Hills, Ill., pleaded guilty in 2018 to a wire fraud charge. U.S. District Judge Edmond E. Chang imposed the prison sentence Thursday after a hearing in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The U.S. Securities and Exchange Commission provided valuable assistance. The government is represented by Assistant U.S. Attorneys Steven J. Dollear and John D. Mitchell.
Godwin served as CEO of ContinuityX Solutions Inc., a computer-services company based in Metamora, Ill. From 2011 to 2013, Godwin orchestrated fraud schemes that bilked the global telecommunications provider out of more than $3 million and two financial companies out of $6 million.
In the first phase of the scheme, Godwin and ContinuityX’s Chief Financial Officer, ANTHONY ROTH, created false documentation to fraudulently inflate the financial condition of companies they had approached to purchase services from the global telecommunications provider, causing the global firm to approve the sales and pay ContinuityX millions in commissions for having procured new customers. To further the scheme, Godwin and a ContinuityX sales representative, JOHN COLETTI, arranged conference calls in which Coletti fraudulently posed as an employee of the global provider.
In the second phase of the scheme, Godwin worked with Coletti to fraudulently obtain $6 million from a factoring agreement with the two victim financing companies. Godwin secured the agreement after submitting false documentation claiming that a China-based company owed ContinuityX $8 million per month in receivables. Godwin and Coletti arranged conference calls in which Coletti fraudulently posed as an employee of the China-based company to falsely assure the two victim companies that the accounts receivables were legitimate and that payment of the receivables was forthcoming.
Roth, of Upton, Mass., pleaded guilty to wire fraud and is scheduled to be sentenced on Dec. 7, 2021, at 1:00 p.m.
Coletti, of Canyon Country, Calif., pleaded guilty to a false statement charge and was sentenced in 2019 to two and a half years in federal prison.
Foley Man Sentenced to Five Years in Firearm CaseRead the Press Release
MOBILE, AL – A Foley man was sentenced today to 60 months in prison for being a felon in possession of a firearm.
According to court documents, Remonto Maurice Johnson, 35, was arrested by Foley police on December 22, 2020 on domestic-violence charges. The previous day, while investigating a shooting that had occurred in a residential area of Foley, police recovered a Glock .40-caliber pistol from a driveway on South Pecan Street. Johnson had dropped the pistol while fleeing the area during the shooting, during which two individuals shot at Johnson allegedly in retaliation for the prior domestic-violence incident. At the time of the shooting, Johnson had previously been convicted of multiple felonies, including assault and drug offenses. As part of his guilty plea, Johnson admitted that he possessed the Glock pistol, that he was a convicted felon, and that he knew he was prohibited from possessing firearms.
United States District Court Judge Terry F. Moorer ordered Johnson to serve a three-year term of supervised release upon his release from prison, during which time he will undergo testing and treatment for substance abuse. The court did not impose a fine, but Judge Moorer ordered Johnson to pay $100 in special assessments.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation and the Foley Police Department investigated the case.
Assistant U.S. Attorney Justin Roller prosecuted the case on behalf of the United States.