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Friday 3 September 2021
Fort Dodge Man Sentenced to 16 Years in Federal Prison for Meth and Firearm Convictions Following a Hit and Run AccidentRead the Press Release
A man who conspired to distribute methamphetamine and illegally possessed a firearm was sentenced in federal court in Sioux City, Iowa, on September 2, 2021.
Daniel Moss, age 45, from Fort Dodge, Iowa, pled guilty on April 19, 2021, to conspiracy to distribute methamphetamine and illegal possession of a firearm. Previously, in 2009, Moss was convicted of conspiracy to distribute methamphetamine, distribution of methamphetamine within a protected location, and employment or use of a person under 18 to assist in conspiracy to distribute methamphetamine in the United States District Court for the Northern District of Iowa. While on supervised release for the 2009 offense, Moss was convicted of escape from custody in 2017.
Evidence at hearings in the case showed that from June 2020 through July 5, 2020, while on federal supervised release, Moss conspired to distribute more than 50 grams of pure methamphetamine to others in the Fort Dodge area. On July 5, 2020, Moss was involved in a hit and run accident with another vehicle. After he fled the scene, Fort Dodge police officers pursued Moss and ultimately caught him that same day, at which time Moss picked up a police officer and a loaded firearm fell from his waistband. The firearm was later determined to be stolen. Moss also had approximately $17,000 cash during the incident, drug paraphernalia, baggies with residue, and over 50 grams pure methamphetamine. Moss was previously convicted of a felony offense, and was a drug user, which prohibited him from possessing a gun.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Moss was sentenced to 196 months’ total imprisonment consisting of 150 months for the new offense and an additional 46 months for violating his supervised release. Additionally, Moss must serve a seven-year term of supervised release following imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Fort Dodge Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Iowa Division of Narcotics Enforcement, 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 21-3002.
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Former resident of U.K. convicted of immigration fraud offensesRead the Press Release
Seattle – A federal jury today convicted 38-year-old Harbans Singh, of Kent, Washington, of three federal felonies related to false statements he made on a visa application and during an asylum interview, announced Acting U.S. Attorney Tessa M. Gorman. The jury deliberated for about two hours following the two-day trial. U.S. District Judge Richard A. Jones scheduled sentencing for December 10, 2021.
According to records filed in the case and testimony at trial, Singh was arrested twice in November 2014 in the United Kingdom for three instances of sexually touching young girls while riding on a public bus. Just six days after his second arrest, Singh applied for a visa to travel to the U.S. On his visa application, he stated that he had never been arrested for a crime. Based on that false statement, Singh was granted a visa, and traveled to the United States in January 2015. Singh did not board his return flight to the U.K.
In July of 2015, Singh applied for asylum in the U.S. In his asylum application, Singh failed to disclose anything about the sexual assault charges in the United Kingdom. Then, in a September 2017 interview, Singh again denied, this time under oath, having ever been arrested or charged in the U.K.
While Singh was in the U.S., he was convicted in absentia in the U.K. of the crimes related to illegal touching of minors. He was sentenced, in absentia, to one year in prison.
Singh has been in immigration custody since his arrest in July of 2020.
The jury convicted Singh of False Statement on Immigration Document (Visa Application), Acceptance or Possession of Immigration Document Procured by Fraud, and False Statement – (Asylum Interview).
The charges are punishable by up to 10 years in prison. Judge Jones will determine the appropriate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Homeland Security Investigations (HSI) within the Department of Homeland Security. The U.S. Attorney’s Office also extends its gratitude to Sergeant Richard Lewington of the Essex Police Department, who arrested Singh in the U.K. in 2014 and traveled to the United States to testify at his trial.
The case is being prosecuted by Assistant United States Attorneys William Dreher and Natalie Walton-Anderson.
Former private-sector seasonal employee sentenced to five years in prison for sexually assaulting another private-sector seasonal employee while working in Glacier National ParkRead the Press Release
MISSOULA — A former private-sector seasonal employee who admitted to sexually assaulting another private-sector seasonal worker in Glacier National Park was sentenced today to five years in prison to be followed by five years of supervised release, said Acting U.S. Attorney Leif M. Johnson.
Eduardo Luis Diaz, 27, of Chicago, Illinois, pleaded guilty on March 3 to sexual abuse.
U.S. District Judge Donald W. Molloy presided. Diaz was allowed to self-surrender.
“Seasonal workers for businesses operating in and around our national parks should be able to work in and enjoy our national parks without the threat of sexual assault and harassment. I hope this prosecution will assure workers and the public that we will hold predators accountable for their conduct. I want to thank Assistant U.S. Attorney Kalah A. Paisley and the National Park Service for investigating and prosecuting this case,” Acting U.S. Attorney Johnson said.
“We thank the U.S. Attorney’s Office for their prosecution of this case and commend the survivor for her courage in stepping forward,” said acting Glacier National Park Superintendent Pete Webster. “The law enforcement community knows that sexual assault is an under-reported crime, and so we encourage park visitors and employees to report these crimes so that perpetrators can be caught and brought to justice.”
The government alleged in court documents that in July 2020, Diaz and the victim, identified as Jane Doe, were both seasonal employees working in Glacier National Park for a private-sector company with a contract to operate in the park and were living in employee housing. Doe became intoxicated at a party. After Doe had passed out, Diaz sexually assaulted Doe. In an interview with a National Park Service ranger, Diaz told the ranger that he had engaged in sex with Doe.
Assistant U.S. Attorney Kalah A. Paisley prosecuted the case, which was investigated by the National Park Service.
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Former Rio Rico Bank Manager Sentenced to 30 Months for Money LaunderingRead the Press Release
TUCSON, Ariz. – On September 1, Carlos Antonio Vasquez, 41, of Nogales, Arizona, was sentenced by U.S. District Judge James A. Soto to 30 months in prison. Vasquez previously pleaded guilty to conspiracy to commit money laundering.
Between February 2017 and August 2019, Vasquez, while branch manager at a bank in Rio Rico, conspired to launder money for a group of individuals to conceal the illegal source of the funds. As part of this conspiracy, the money laundering organization brought Mexican citizens into the bank and Vasquez set up accounts for them for the purpose of sending illegal funds back to Mexico. Once the bank accounts were established, the money laundering organization openly handed cash to the Mexican citizens for deposit into the funnel accounts. The Mexican citizens then wired the funds into Mexican bank accounts under the direction of the money laundering organization.
Vasquez admitted that these funnel bank accounts enabled Vasquez and his branch to appear to have attracted new customers for the bank, improving the bank’s sales performance. Vasquez also admitted to knowing that the head of the money laundering organization was a former customer of the bank and that the funds moving through the accounts were proceeds of unlawful conduct. Vasquez personally authorized 42 wire transfers out of the funnel accounts to bank accounts in Mexico in the amount of $357,883. Over the course of the conspiracy, the money laundering organization allegedly moved over 10 million dollars in drug proceeds through the bank.
U.S. Homeland Security Investigations Nogales and U.S. Internal Revenue Service conducted the investigation in this case. Elizabeth S. Boison and Margaret Moeser, U.S. Department of Justice, Bank Integrity Unit, and Mary Sue Feldmeier, Wallace H. Kleindienst, and Robert A. Fellrath, United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-19-02741-TUC-JAS (JR)
RELEASE NUMBER: 2021- 058_Vasquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Former Prince George’s County Police Lieutenant Facing Federal Indictment for Tax Evasion and Obstruction of JusticeRead the Press Release
Greenbelt, Maryland – A federal grand jury has returned an indictment charging Edward Scott Finn, age 47, of Dunkirk, Maryland, for the federal charges of tax evasion and obstruction of justice. Finn is a former Lieutenant with the Prince George’s County Police Department and owned and operated Edward Finn Inc. (EFI), a private company.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to the indictment, from approximately December 26, 1995 to April 26, 2021, Finn was a member of the Prince George’s County Police Department (PGPD). Members of the PGPD were allowed to work part-time outside employment in addition to their full-time duties, known as Secondary Law Enforcement Employment (SLEE). SLEE is defined as “[e]mployment in which an employee is compensated by an entity other than the Prince George’s County Police Department for the performance of law enforcement or law enforcement related duties including (but not limited to) security, traffic direction, and parking enforcement.” According to the indictment and court documents, from 2014 to 2021, Finn used EFI and employed off-duty law enforcement officers to provide security services to apartment complexes and other businesses, primarily in Prince George’s and Montgomery Counties, to manage and operate his SLEE business.
The six-count indictment alleges that Finn allegedly underreported a total of more than $1 million of EFI income on his 2015 through 2019 individual income tax returns. During that time frame, the indictment alleges that Finn deposited approximately $1,147,684 of checks payable to EFI into personal bank accounts or non-EFI bank accounts over which Finn had signature authority. Finn also allegedly wrote checks from EFI bank accounts: to relatives for purported services performed for bookkeeping and to create false business expenses for purported security services; and to pay personal expenses, including credit card bills, car payments, and to purchase a boat. This underreported income allegedly resulted in a total tax loss to the government of $312,882.
Further, the indictment alleges that on April 22, 2021, Finn obstructed justice by initiating the erasure and resetting of his cellphone as federal agents executed a search warrant on his residence.
“The indictment alleges that a member of law enforcement with 25 years on the job failed to report more than $1 million in income that he earned through a private business, and then obstructed a federal investigation,” said Acting U.S. Attorney Jonathan Lenzner. “No one is above the law, and this indictment should serve as a stark reminder of that principle.”
“According to the charges, the actions of Edward Finn were not only illegal, but they also interfered with a federal investigation,” said Thomas J. Sobocinski, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI and our law enforcement partners are committed to finding and bringing to justice those who engage in any financial scheme to defraud the American public.”
If convicted, Finn faces a maximum sentence of five years in federal prison for each of five counts of tax evasion and a maximum of 20 years in prison for obstruction of justice. 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. Finn is expected to have an initial appearance in U.S. District Court in Greenbelt at a later date.
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.
Acting United States Attorney Jonathan F. Lenzner commended the IRS-CI and the FBI and for their work in the investigation and thanked the Prince George’s County Police Department and the Prince George’s County State’s Attorney’s Office for their assistance. Mr. Lenzner thanked Assistant U.S. Attorneys Thomas M. Sullivan and Thomas P. Windom, who are prosecuting this case.
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Former Postal Worker Sentenced for Stealing MailRead the Press Release
BOSTON – A former U.S. Postal Service (USPS) employee was sentenced yesterday in federal court in Boston for stealing mail, including almost $5,000 in stimulus payments, and making over $16,000 in fraudulent purchases and ATM withdrawals.
Angela Gomez, 40, of Lynn, was sentenced by U.S. District Court Judge Denise J. Casper to three months in prison and three years of supervised release. On May 11, 2021, Gomez pleaded guilty to one count of theft of mail by an employee. As part of the plea agreement, Gomez has agreed to pay $21,387 in restitution to the victims.
In February 2020, investigators received information that customers in Lynn reported missing mail. For example, one USPS customer reported that an expected Lilly Pulitzer gift card never arrived in the mail. Further investigation revealed that USPS City Carrier Assistant Angela Gomez handled that particular customer’s route. Records indicated that the expected gift card was used in January 2020 for purchases delivered to Gomez’s then-home address and that the corresponding email address belonged to Gomez. Subsequent surveillance of Gomez during the performance of her duties revealed that she rifled through and stole mail on 21 separate occasions.
An Eastern Bank fraud investigator, who was investigating multiple unauthorized ATM withdrawals and debit card purchases made using three separate Eastern Bank accounts, contacted federal investigators. The Eastern Bank accounts were owned by individuals who resided on the carrier route Gomez was assigned to prior to when the unauthorized transactions began. Eastern Bank records confirmed three compromised accounts. Security camera video footage related to several of the unauthorized debit card purchases (including at Walmart and Target shopping centers) showed Gomez making unauthorized purchases using debit cards associated with the three compromised Eastern Bank accounts. In addition, ATM and bank security camera videos from Eastern Bank showed Gomez making unauthorized cash withdrawals from the three Eastern Bank accounts. In total, $16,587 was stolen from the three Eastern Bank accounts.
Gomez also stole four U.S. Treasury Economic Impact Payment (EIP) checks, more commonly known as stimulus checks, totaling $4,800, which were intended for delivery to USPS customers who lived on Gomez’s carrier route.
In total, Gomez stole $21,387 in fraudulent debit card purchases, ATM withdrawals and stimulus checks.
Acting United States Attorney Nathaniel R. Mendell; Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office; and William Kalb, Special Agent in Charge of the U.S. Treasury Inspector General for Tax Administration Office of Investigations, New York Field Office made the announcement. Assistant U.S. Attorney Eugenia M Carris, Deputy Chief of Mendell’s Public Corruption & Special Prosecutions Unit, prosecuted the case.
Former Police Officer Indicted for Child Pornography OffensesRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment yesterday charging a Virginia Beach man with attempted production of child pornography, receipt of child pornography, and access with intent to view child pornography.
According to court documents, Nathan Allen, Jr., 33, who was employed as a police officer by the Kingsmill Resort in Williamsburg and before that by the Hampton Police Department, allegedly attempted to produce child pornography using a minor on separate dates in 2019 and 2021, when she was then 11 and 12 years old. The indictment alleges that Allen received images of child sexual abuse material on various dates in the spring of 2021, and in May 2021 accessed child pornography on a cell phone.
Allen is charged with two counts of attempted production of child pornography, three counts of receipt of child pornography, and one count of access with intent to view of child pornography. If convicted, he faces a mandatory minimum penalty of 15 years in prison and a maximum penalty of 30 years in prison on the production charges, a mandatory minimum of 5 years in prison and a maximum penalty of 20 years in prison on the receipt charges, and a maximum penalty of 20 years on the access with intent to view charge. 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.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement.
Assistant U.S. Attorney Rebecca Gantt and Special Assistant U.S. Attorney Matthew Heck are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:21-cr-107.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Former Payroll Manager of Stratford Home Healthcare Company Charged with Federal Tax OffenseRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and Joleen D. Simpson, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that a grand jury in Hartford has returned an indictment charging INNIS FREDERICK, 61, of Saint Cloud, Florida, with a federal tax offense stemming from him employment at a Stratford-based home healthcare company.
The indictment was returned on August 10. Frederick appeared today via videoconference before U.S. Magistrate Judge Robert M. Spector and pleaded not guilty. He is released on a $20,000 bond.
As alleged in the indictment, Frederick worked as the payroll manager for Equinox Home Care, LLC (“ECH”), a home healthcare company based in Stratford that was originally established as a partnership between Frederick’s sister, Theresa Foreman, and another individual. In September 2012, the partnership ended, and, by court order, Foreman was obligated to make payments to her partner for the purchase of the partner’s interest in EHC. Between approximately 2012 and 2016, Frederick assisted Foreman by processing payroll that caused checks to be issued to “ghost employees,” who did not actually work for ECH. The money paid to the ghost employees was actually paid to Foreman, who did not report the hundreds of thousands of dollars of income on her tax returns. By submitting false payroll data, Frederick also caused false Forms W-2 and W-3 to be submitted to the Internal Revenue Service.
The indictment charges Frederick with conspiracy to defraud the United States and impede and impair the IRS, an offense that carries a maximum term of imprisonment of five years.
Acting U.S. Attorney Boyle stressed that an indictment is only a charge and is not evidence of guilt. A charge is only an allegation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Foreman was previously charged and convicted in relation to this scheme.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division. This case is being prosecuted by Assistant U.S. Attorneys Jennifer R. Laraia and Peter S. Jongbloed.
Florida Man Guilty in Transnational East Texas Call Center Fraud SchemeRead the Press Release
TYLER, Texas – A Pensacola, Florida man has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Perry Lewis Crenshaw, Jr., 27, pleaded guilty to conspiracy to commit money laundering today before U.S. Magistrate Judge John D. Love. Crenshaw is the fifth indicted defendant to plead guilty in this case.
“Moving money on behalf of scammers helps facilitate the underlying criminal fraud, and ultimately contributes to the victimization of the public. Those that help launder the ill-gotten gains of these fraud schemes are subject to significant criminal penalties,” said Acting U.S. Attorney Nicholas J. Ganjei. “The public needs to know that we will pursue not only the thief directly responsible for the fraud, but also the enablers who help these scammers profit from their predatory behavior.”
“Investigating scammers is a top priority for IRS Criminal Investigation,” said Special Agent in Charge Brian Payne. “Mr. Crenshaw preyed on vulnerable elderly Americans by impersonating the IRS. We found him, and now he and his co-conspirators will be held accountable for their heinous crimes.”
“The Treasury Inspector General for Tax Administration (TIGTA) aggressively investigates allegations of individuals who misrepresent themselves as Internal Revenue Service employees to cheat taxpayers,” said J. Russell George, the Treasury Inspector General for Tax Administration. “We appreciate the efforts of the U.S. Department of Justice and our law enforcement partners in this effort.”
“This investigation represents our continuing resolve to address instances of fraud involving HUD programs,” said Special Agent in Charge Michael V. Powell, U.S. Department of Housing and Urban Development, Region V. “It is our continuing core mission to work with our law enforcement partners and the United States Attorney’s Office to protect the integrity of our programs and take strong action against those who seek to circumvent the laws meant to protect the most vulnerable in our communities.”
According to information presented in court, in 2015, Crenshaw was contacted by a co-conspirator about partnering in a business venture. As part of the venture, Crenshaw was asked to pick up money from call center sales at money services businesses in the Pensacola area. Crenshaw picked up approximately $40,000 from money services businesses and deposited the funds into a designated bank account. Crenshaw was also directed to create a business called “Network Florida LLC” in June 2015. Crenshaw opened bank accounts in the name of the business and recruited approximately 20-25 individuals as employees of the business. The job responsibilities for these individuals consisted of merely picking up cash or money orders at money services businesses and depositing the funds into the Network Florida bank accounts. Crenshaw was paid 10 percent of the funds collected in this manner. From June 2015 to October 2016, approximately $1,284,649 in fraudulent proceeds was deposited into the Network Florida bank accounts. From February 2016 to July 2016, Crenshaw transferred approximately $266,106 in fraudulent proceeds from the Network Florida bank accounts to a foreign bank account. Crenshaw later admitted that it became apparent the conspiracy was engaging in fraudulent activity and the purpose of the scheme was to conceal and disguise the nature of the fraudulent proceeds generated by the scheme.
Codefendants, Jeremy Christopher Jones, pleaded guilty to conspiracy to commit money laundering in June of this year and Ronnie Duane Booth, Mary Elizabeth Beaman Booth, and Tracey Brookshier, pleaded guilty to aiding and abetting an unlicensed money transmitting business in August.
As part of his plea agreement, Crenshaw has agreed to pay restitution in the amount of $1,284,649 and forfeiture of $32,112.50. Crenshaw faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
This case is being investigated by the Internal Revenue Service-Criminal Investigation, the U.S. Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, and Housing and Urban Development-Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorneys Frank Coan and Alan Jackson.
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Federal Civil Rights Charges Against Former Santa Rosa Correctional Institution OfficerRead the Press Release
PENSACOLA, FLORIDA – Andrew J. Femmer, 29, of Tampa, Florida, has been indicted by a federal grand jury for depriving an inmate his right to be free from cruel and unusual punishment as well as for falsifying official reports, announced Jason R. Coody, Acting United States Attorney for the Northern District of Florida today.
The indictment alleges that on or about July 14, 2019, Femmer “did assault and strike” the inmate, which resulted in “bodily injury.” It is further alleged that Femmer “covered up” his actions by falsely reporting that he only used “the minimum amount of force necessary” when carrying out his duties.
Femmer made his initial appearance on the indictment in Tampa today, and an arraignment is set for September 14, 2021, at the United States Courthouse in Pensacola. If convicted, he faces up to 30 years’ imprisonment.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Federal Bureau of Investigation and the Office of the Inspector General for the Florida Department of Corrections. The case is being prosecuted by Assistant United States Attorneys David L. Goldberg and Kaitlin Weiss.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Fayette County Man Indicted on Drug ChargeRead the Press Release
PITTSBURGH, PA - A resident of Perryopolis, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment, returned on August 25 and unsealed today, named Larry Diggs, age 67, as the sole defendant.
According to the Indictment, on or about March 3, 2021, Diggs possessed with the intent to distribute 500 grams or more of cocaine.
The law provides for a minimum of five years and a maximum of 40 years in prison, a fine of up to $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Yvonne M. Saadi and Jonathan D. Lusty are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
EDTX Reaches Americans with Disabilities Act Resolution with Smith County, Texas Regarding Hearing-Impaired IndividualsRead the Press Release
TYLER, TEXAS – The Eastern District of Texas announced today that it had reached a cooperative resolution agreement under Title II of the Americans with Disabilities Act (ADA) with Smith County, Texas to ensure individuals who are deaf or hearing impaired can communicate as effectively as others.
This matter was initiated upon receipt of a complaint filed with the Civil Rights Division of the U.S. Department of Justice, by an individual who is hearing impaired. The complaint alleged that Smith County, which provides services, programs, and activities in its county courthouse, failed to take appropriate steps to ensure that communications with the deaf and hearing-impaired are as effective as communications between the non-hearing impaired.
The ADA requires that public entities, like Smith County, furnish appropriate auxiliary aids and services, when necessary, to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity, including those in a courthouse.
The U.S. Attorney’s Office for the Eastern District of Texas reviewed Smith County’s courthouse policies, training, and procedures relating to the provision of auxiliary aids and services to individuals who are deaf or hard of hearing and determined they did not fully comply with Title II of the ADA. The United States—along with Smith County—identified the areas of non-compliance and cooperatively implemented the resolution.
Under the Agreement, Smith County is updating its website to ensure the site contains sufficient information to inform persons with impaired vision or hearing how and where to access auxiliary aids or services. Smith County will provide Title II training relating to the provision of auxiliary aids or services to the courthouse staff to ensure all individuals can participate in the services, programs, and activities offered by Smith County; and Smith County will ensure sufficient auxiliary aids or services are available at the courthouse as required by the 2010 ADA Standards.
“Deaf and hearing-impaired individuals are entitled to full and equal opportunities to effectively communicate with, and to benefit from, all services, programs and activities,” said Acting U.S. Attorney Nicholas J. Ganjei. “We commend Smith County for their full cooperation with this investigation, and their commitment to ensuring that deaf and hearing-impaired community members are provided effective communication and auxiliary services.”
For more information about the ADA, please visit http://www.ada.gov or call toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY). ADA complaints may be filed online at http://www.ada.gov/complaint.
This matter was investigated by the Civil Rights Enforcement Coordinator for the Eastern District of Texas Assistant U.S. Attorney Aimee M. Cooper as well as Assistant U.S. Attorney Betty Young.
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Detroit Man Sentenced to Nine Years in Federal Prison for Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Detroit man was sentenced today to 108 months in federal prison for possession with intent to distribute heroin. Martinis Twone Irving, 44, was previously charged as a result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance from the Drug Enforcement Administration (DEA) in Michigan, and the Beckley/Raleigh County Drug and Violent Crime Unit.
According to court documents, Martinis Irving, 44, of Detroit Michigan, was stopped on Interstate 77 near Beckley for speeding in a construction zone on December 17, 2020. During the traffic stop, a drug dog alerted to the presence of drugs in the car being driven by Irving. Law enforcement officers then obtained a search warrant for the car and discovered approximately 1,100 grams of heroin hidden in the car. Irving ultimately admitted that the heroin was his and he intended to distribute the heroin within the Southern District of West Virginia.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the cooperative investigative efforts of the ATF, the DEA, and the Beckley/Raleigh County Drug and Violent Crime Unit, which is comprised of officers from the Beckley Police Department, the Raleigh County Sheriff’s Department and the West Virginia State Police.
Assistant United States Attorney Timothy D. Boggess handled the prosecution. United States District Judge Frank W. Volk imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00011.
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Crowley Man Involved in Drug Trafficking Conspiracy Sentenced to 20 Years in PrisonRead the Press Release
LAFAYETTE, La. - Acting United States Attorney Alexander C. Van Hook announced that Brandal Moore, 27, of Crowley, Louisiana, was sentenced today by United States District Judge Robert R. Summerhays to 240 months (20 years) in prison, followed by 5 years of supervised release, for being involved in a conspiracy to possess with intent to distribute 500 grams or more of methamphetamine.
A federal grand jury returned an indictment in October 2019 charging Moore and others with being involved in the drug trafficking conspiracy in the Crowley, Louisiana area. Moore pleaded guilty to the charge on May 27, 2021. During their investigation of Moore and his co-conspirators, law enforcement agents learned of Moore’s drug trafficking activities. Their investigation revealed that between April and September 2019, Moore and his co-conspirators used a house in Rayne, Louisiana to store methamphetamine, guns, and cash which they obtained from the distribution of narcotics. Moore sold the methamphetamine that he received from his co-conspirators to other methamphetamine dealers in the Crowley area in quantities ranging from one ounce to multiple ounces per transaction.
A search warrant was obtained by law enforcement agents for the house where the narcotics were being stored by Moore and his co-conspirators. During the search of the house, agents found 5 firearms, approximately 700 grams of methamphetamine, a notebook with drug ledger entries, and other drug paraphernalia. Inside a vehicle located on the property, agents found $15,000 in cash, approximately 350 grams of cocaine, 30 grams of crack cocaine, and approximately 5 kilograms of methamphetamine. Inside another vehicle on the property, agents found approximately 3,555 grams of cocaine located in a hidden compartment.
The FBI and DEA conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
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Citizen of the Dominican Republic Sentenced to 70 Months for Drug Trafficking and Immigration OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JOSE PAULINO, 46, a citizen of the Dominican Republic last residing in the Bronx, New York, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 70 months of imprisonment, followed by four years of supervised release, for narcotics trafficking and immigration offenses.
According to court documents and statements made in court, Paulino supplied large quantities of cocaine and counterfeit oxycodone pills to Musa Hill, of New Haven, who also received heroin from a source in New Haven. Hill converted some of the cocaine he received into crack cocaine, sold narcotics to customers, and also provided narcotics to an associate for distribution to a network of customers. During the investigation, investigators made controlled purchases of crack, heroin and hundreds of counterfeit oxycodone pills from Hill. The vast majority of the counterfeit pills contained fentanyl.
Paulino has been deported to the Dominican Republic, and subsequently illegally reentered the U.S., on three occasions.
Paulino has been detained since his arrest on June 25, 2019. On November 20, 2020, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, controlled substances, and one count of illegal reentry of a removed alien.
Hill pleaded guilty to related charges and, on March 4, 2020, was sentenced to 72 months of imprisonment.
This case was investigated by the DEA New Haven Tactical Diversion Squad and was prosecuted by Assistant U.S. Attorney Jennifer R. Laraia.
Charleroi Man Charged with Federal Drug Law ViolationRead the Press Release
PITTSBURGH, PA - A resident of Charleroi, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment, returned on August 25 and unsealed today, named Keith McCrae, age 47, as the sole defendant.
According to the Indictment, on or about March 31, 2021, Keith McCrae possessed with the intent to distribute 28 grams or more of cocaine base, in the form commonly known as crack, and a quantity of cocaine.
The law provides for a minimum of five years and a maximum of 40 years in prison, a fine of up to $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Yvonne M. Saadi and Jonathan D. Lusty are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Bluffton Man Sentenced to over 20 Years in Federal Prison for Distribution of Heroin, FentanylRead the Press Release
Charleston, South Carolina ---- Acting United States Attorney M. Rhett DeHart announced today that Edwin M. Jenkins, Jr., 33, of Bluffton, was sentenced to over twenty years in federal prison after pleading guilty to one count of distribution of a mixture of heroin and fentanyl, one count of distribution of heroin, and one count of possession with intent to distribute 40 grams or more of fentanyl.
Evidence presented in court showed that Jenkins sold either heroin, fentanyl, or a mixture of heroin and fentanyl to a confidential informant on multiple occasions. On April 12, 2017, Jenkins was arrested when he arrived at a location where he believed he was going to sell drugs to an informant. As law enforcement moved to make an arrest, Jenkins fled on foot and dropped a bag containing over 57 grams of a mixture containing fentanyl, before being apprehended.
Jenkins’ criminal history included multiple prior felony drug convictions, and he was on parole on state charges at the time of his criminal conduct in this case.
United States District Court Judge Bruce H. Hendricks sentenced Jenkins to 250 months in federal prison, to be followed by a 96-month term of supervised release. There is no parole in the federal system.
The case was investigated by agents of the Federal Bureau of Investigation, the Bluffton Police Department, and the Fourteenth Circuit Solicitor’s Office. Assistant United States Attorney Nick Bianchi and Special Assistant United States Attorney Carra Henderson prosecuted the case.
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Bakersfield Resident Pleads Guilty to Trafficking NarcoticsRead the Press Release
FRESNO, Calif. — Jorge Chavez, 36, of Bakersfield, pleaded guilty today to possessing with intent to distribute methamphetamine, heroin, cocaine and marijuana, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 12, 2020, Chavez was arrested in Bakersfield and was found to be in possession of approximately 20 pounds of methamphetamine, approximately 23.5 pounds of marijuana, approximately 2 pounds of cocaine, and approximately 66 grams of heroin. Prior to that date, on three separate occasions between Feb. 18, 2020, and April 27, 2020, Chavez sold to a purchaser a total of five firearms – including four rifles with high capacity magazines – and approximately 2 pounds of methamphetamine. On June 4, 2020, Chavez offered to sell to the same purchaser 1 pound of methamphetamine for $3,400, and 1 ounce of heroin for $750. In his plea agreement, Chavez agreed to forfeit to the United States more than $25,000.
This case is the product of an investigation by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Bakersfield Police Department, the Kern County Sheriff’s Office, the Kern County Probation Department, and the California Highway Patrol. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
Chavez is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Dec. 3, 2021. Chavez faces a maximum term of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Bakersfield Gang Member Sentenced to Prison for Unlawfully Possessing FirearmRead the Press Release
FRESNO, Calif. — Miguel Alberto Burgos, 28, of Bakersfield, was sentenced today to three years in prison for being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Jan. 18, 2021, a law enforcement officer stopped Burgos for committing traffic infractions while driving a vehicle in Bakersfield. Burgos yielded his vehicle but fled on foot. The officer gave chase and eventually secured Burgos on the ground, but he broke free and continued flight. Shortly afterwards, officers caught and arrested Burgos. During the chase, Burgos discarded a Ruger LCP .380‑caliber handgun loaded with a high-capacity magazine. Burgos cannot lawfully possess firearms because he was convicted in 2013 of second-degree robbery. Burgos is a long-time member of Bakersfield’s Varrio Bakers criminal street gang.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, and the Kern County Fire Department. Assistant U.S. Attorney Christopher D. Baker prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A Pair of Felons from Denver Sentenced for Illegal Firearms PossessionRead the Press Release
Acting United States Attorney Bob Murray announced today that JUSTIN EUGENE JAMESON, a/k/a Justin Brown, age 38, and NATHANIEL TSOSIE, 34, both from Denver, were sentenced for felony possession of a firearm. Jameson received a sentence of 78 months, to be followed by three years of supervised release, and was ordered to pay a special assessment in the amount of $100. Although the government argued for a sentence of 96 to 105 months for Tsosie, he received a sentence of 78 months to run concurrent with any sentence that is imposed in a criminal case out of Johnson County, Wyoming. Tsosie will also pay a $100 special assessment, and his sentence will be followed by three years supervised release.
On or around February 12, 2021, Tsosie was being pursued by law enforcement out of Colorado. Law enforcement lost track of Tsosie but then relocated him near Buffalo, Wyoming. Law enforcement deployed spike strips and rammed his car to get him to stop and surrender. Tsosie, a felon, had firearms in the car. He also had his dog, which was placed in a shelter following Tsosie’s arrest. Tsosie called his friend, Justin Jameson, and asked him to pick up his dog from the shelter.
Jameson drove to Buffalo, Wyoming from Denver, Colorado to pick up the dog. Jameson contacted the Johnson County Sheriff’s Office to request assistance, and, upon arrival, an officer learned that Jameson was a previously convicted felon on probation, that he was driving a stolen car with a suspended license, and that he was in possession of two firearms.
"Not only is it illegal for convicted felons to possess firearms, but these two felons had extensive records," said Acting United States Attorney Bob Murray. "In this case, our office worked closely with ATF and local and state law enforcement partners to stop these men from committing further crimes and placing the public in danger."
Thursday 2 September 2021
York County Man Charged with Possession of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on September 1, 2021, Stanley Bobula, age 63, of Dillsburg, Pennsylvania, was indicted by a federal grand jury for possession of child pornography.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that Bobula was in possession of images containing sexual exploitation of children on January 23, 2021, in York County. The indictment further alleges that Bobula possessed the child pornography images using a computer or cell phone.
The case was investigated by the Federal Bureau of Investigation and the United States Probation Office. Assistant United States Attorney Paul J. Miovas, Jr. is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the offense charged in the indictment is 20 years’ imprisonment, a lifetime term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment for the defendant if convicted. 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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Yolo County Insurance Broker Charged with Defrauding ClientRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 13-count indictment today against Robert Kirby Wells, 62, of Woodland, charging him with 10 counts of wire fraud and three counts of aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Wells served as an insurance broker for a company located in Denver, Colorado, that owned multifamily and commercial properties throughout the United States. As the company’s broker, Wells was responsible for obtaining several types of insurance coverage for the company’s properties, including umbrella liability coverage. As part of his fraudulent scheme, Wells represented to the company that he obtained umbrella coverage for properties when, in fact, he did not. Although Wells did not obtain the coverage, he invoiced and was paid for purported premiums associated with adding the properties to umbrella liability policies.
At times, after he received full payment for premiums associated with coverage he obtained for the company, as well as umbrella coverage he did not obtain, Wells secured loans purportedly to pay for the same premiums. He did so by falsely representing that he was financing the premiums on the company’s behalf and using the identities of a managing principal and employee of the company without their authorization.
This case is the product of an investigation by the Federal Housing Finance Agency Office of Inspector General, the Department of Housing and Urban Development Office of Inspector General, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
If convicted, Wells faces maximum statutory penalties of 20 years in prison for each wire fraud count and a mandatory term of two years in prison for each aggravated identity theft count. He also faces a fine of up to $250,000 or twice the gross gain or loss for each charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Worcester Man Convicted of Cocaine DistributionRead the Press Release
BOSTON – A Worcester man was convicted by a federal jury today of distributing nearly one kilogram of cocaine.
Julio Rivera, 47, was convicted following a three-day jury trial of distribution and possession with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 16, 2021.
In October 2018, a federal investigation into co-conspirator Melvin Burgos intercepted numerous communications between Burgos and co-conspirator William Torres arranging to obtain one kilogram of cocaine from Rivera. On Nov. 1, 2018, Rivera led Burgos to his storage unit in Worcester where he distributed 900 grams of cocaine to Burgos. Agents subsequently stopped both Rivera and Burgos and a search of Rivera’s vehicle recovered the phone he used to communicate with Torres and Burgos, which he had attempted to destroy. A search of Burgos’ vehicle resulted in the seizure of the 900 grams of cocaine.
Torres and Burgos each pleaded guilty to their role in the conspiracy. On Feb. 26, 2021, Torres was sentenced to five years in prison and four years of supervised release. Burgos is scheduled to be sentenced on Sept. 30, 2021.
The charge of distribution and possession with intent to distribute 500 grams or more of cocaine provides for a sentence of up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorneys John T. Mulcahy and Mackenzie A. Queenin of Mendell’s Criminal Division and William F. Abely, Chief of Mendell’s Criminal Division, prosecuted the case.
Woman sentenced for tax fraud on behalf of herself and many othersRead the Press Release
HOUSTON – A Texas tax preparer has been ordered to federal prison for aiding and assisting in the preparation of a false U.S. Individual Income Tax Return, announced Acting U.S. Attorney Jennifer B. Lowery.
Tiffany Phenix pleaded guilty April 22.
Judge Morales sentenced her to 15 months in prison to be followed by one year of supervised release. She was further ordered to pay $284,826 in restitution.
“Today’s sentencing is a reminder that honest taxpayers need to be careful when choosing a tax return preparer,” said Special Agent in Charge Richard Goss of IRS - Criminal Investigation (CI). “Phenix Tax Service was in the business of exploiting their clients’ tax returns to defraud the IRS and by extension the tax paying public. Putting abusive return preparers out of business is a top priority for IRS-CI.”
Phenix prepared income tax returns for others at Phenix Tax Service in Alice. As part of her plea, she stipulated she prepared a total of 37 false income tax returns for clients and four false income tax returns for herself, resulting in an intended tax harm to the IRS of over $284,000.
Specifically, Phenix admitted preparing a false 2015 income tax return for a taxpayer which included creating a false form W-2. She also claimed on the return false wage amounts, a false Earned income Tax Credit and a false income tax refund.
Phenix was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Charles J. Escher prosecuted the case.
Wilkinsburg Felon Sentenced to Prison for Illegally Possessing a Loaded HandgunRead the Press Release
PITTSBURGH, PA - A resident of Wilkinsburg has been sentenced in federal court to 21 months imprisonment with 2 years’ supervised release on his conviction of possession of a firearm and ammunition by a convicted felon, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Cathy Bissoon imposed the sentence on Jacque Butler, age 25 formerly of Pittsburgh, Pennsylvania 15221.
According to information presented to the Court, on September 8, 2020, an officer of the City of Duquesne Police Department observed a vehicle with two inoperable brake lights, stop at an intersection obstructing both lanes of traffic. The officer conducted a traffic stop on this vehicle and detected the odor of marijuana. After learning that the driver’s license was suspended as well as the vehicle’s registration, the officer informed the driver that the vehicle would have to be towed. During a search of the vehicle, the officer discovered that Butler, who was in the rear passenger seat of the vehicle, had a backpack at his feet. This backpack contained a loaded Taurus 9mm handgun with 15 rounds contained in the magazine along with a second magazine containing an additional 15 rounds, digital scales, small amounts of marijuana, and four tablets of ecstasy. Butler waived his Miranda rights and admitted that the gun was his. As a convicted felon, Butler is prohibited from possessing firearms.
Prior to imposing sentence, Judge Bissoon denied the Defendant’s request for a downward variance on the basis of the COVID-19 pandemic. The Court also acknowledged Butler’s significant criminal history which has showed no signs of slowing down.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Kaufman commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Duquesne Police Department for the investigation leading to the successful prosecution of Butler.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Webster City Man to Federal Prison for Firearm ConvictionRead the Press Release
Martin Fye, age 58, from Webster City, Iowa, was sentenced August 31, 2021, to more than five years’ imprisonment. On April 14, 2021, Fye pled guilty in federal court to illegally possessing a firearm. Fye was previously convicted of burglary third degree in 2008 and 2014, and a felony controlled substance violation in 2008.
Evidence at the hearing showed that, on June 26, 2020, while searching Fye’s residence, law enforcement located Fye with several .22 caliber rounds in his pocket and a loaded .22 handgun in his bedroom nightstand. Fye disobeyed law enforcement instructions and resisted detention. The court also found Fye fired the firearm on June 4, 2020, at a former girlfriend in anger after an argument when she left his residence. Additional evidence established that Fye had another person hide several firearms in a cornfield before law enforcement searched his home. A few days later, law enforcement seized seven firearms from a third-party custodian who had retrieved them for Fye. Law enforcement also seized several items of drug paraphernalia in two search warrants at Fye’s residence. Fye further admitted to being an unlawful drug user.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Fye remains in custody of the United States Marshal until he can be transported to a federal prison. Fye was sentenced to 63 months’ imprisonment and he must serve three years of supervised release following the imprisonment.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, Hamilton County Sheriff’s Office, Webster County Sheriff’s Office, Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, Hardin County Sheriff’s Office, Calhoun County Sheriff’s Office and Boone County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3024. Follow us on Twitter @USAO_NDIA.
Valley couple admits to smuggling nearly 100 peopleRead the Press Release
McALLEN, Texas – A San Juan man and woman man have entered a guilty plea to conspiring to harbor nearly 100 individuals illegally in the country, announced Acting U.S. Attorney Jennifer B. Lowery.
The investigation revealed Isaac Livan Martinez, 23, and Gina Alexandria Guzman, 26, had rented rooms at the Krystal Hotel in Pharr.
On May 13, authorities came to the location for an unrelated investigation. However, hotel staff informed them that they suspected several non-citizens were being housed in various hotel rooms.
Upon investigation, law enforcement discovered 50 illegal aliens, some of whom were unaccompanied minors. Authorities later reviewed hotel surveillance footage and observed Martinez and Guzman picking up and dropping off the non-citizens at the hotel in a stolen U-Haul truck.
On June 28, authorities apprehended Martinez after a traffic stop. At that time, they observed bulk food and water commonly used during smuggling activity. Martinez provided consent to search his residence in San Juan where authorities discovered 45 undocumented aliens in the residence, also including several unaccompanied minors.
Some of the harbored individuals identified both Martinez and Guzman as caretakers at the Pharr hotel and the house in San Juan.
U.S. District Judge Micaela Alvarez accepted the plea and set sentencing for Nov. 30. At that time, Martinez and Guzman face up to 10 years in prison and a possible $250,000 maximum fine. Both have been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of police departments in Pharr and San Juan. Assistant U.S. Attorney Matthew Redavid is prosecuting the case.
United States Files Suit Against UPMC, Its Physician Practice Group, and the Chair of Its Department of Cardiothoracic Surgery for Violating the False Claims ActRead the Press Release
PITTSBURGH, PA – The United States has filed a complaint under the False Claims Act against the University of Pittsburgh Medical Center (UPMC), University of Pittsburgh Physicians, and James Luketich, M.D., in the U.S. District Court for the Western District of Pennsylvania, Acting U.S. Attorney Stephen R. Kaufman announced today. The United States’ complaint – which was based on a two-year investigation into allegations originally brought by a former UPMC physician under the False Claims Act’s whistleblower provisions – alleges that the defendants knowingly submitted hundreds of materially false claims for payment to Medicare, Medicaid, and other government health benefit programs over the past six years.
More specifically, the complaint alleges that Dr. Luketich – the longtime chair of UPMC’s Department of Cardiothoracic Surgery – regularly performs as many as three, complex surgical procedures at the same time, fails to participate in all of the “key and critical” portions of his surgeries, and forces his patients to endure hours of medically unnecessary anesthesia time, as he moves between operating rooms and attends to other patients or matters. According to the United States’ complaint, these practices violate the statutes and regulations governing the defendants, including those that prohibit “teaching physicians” (like Dr. Luketich) from performing and billing the United States for “concurrent surgeries.” As importantly, the United States’ complaint alleges that Dr. Luketich’s practices violate the standard of care and the patients’ trust, and heighten the risk of serious complications.
“The laws prohibiting ‘concurrent surgeries’ are in place for a reason: to protect patients and ensure they receive appropriate and focused medical care,” said Acting U.S. Attorney Kaufman. “Our office will take decisive action against any medical providers who violate those laws, and risk harm to Medicare and Medicaid beneficiaries.”
“When physicians and other healthcare providers put financial gain above patient well-being and honest billing of government healthcare programs, they violate the basic trust the public extends to medical professionals,” said Special Agent in Charge Maureen R. Dixon of the HHS-OIG Philadelphia Regional Office. “Our agency, working closely with our law enforcement partners, will continue to thoroughly investigate such healthcare fraud allegations to protect the health of patients and the integrity of taxpayer-supported programs serving them.”
“Doctors take an oath to uphold the highest levels of ethical standards and care,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “The allegations set forth today violate those ethics, painting a picture of fraud and deception. The FBI will continue to investigate fraud in our health care system and hold those accountable to face the consequences of their actions.”
The False Claims Act is one of the most powerful tools in the United States’ continued efforts to combat healthcare fraud. The Act’s whistleblower (or “qui tam”) provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery, and permit the United States to intervene and take over the lawsuit, either in its entirety, or in part (as it did here). Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800 HHS TIPS (800-447-8477).
This matter was investigated by the U.S. Attorney’s Office for the Western District of Pennsylvania, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation, in conjunction with the Department of Defense Office of Inspector General, the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Department of Veterans Affairs Office of Inspector General, and the Pennsylvania’s Office of the Attorney General.
The case is captioned United States of America ex rel. Jonathan D’Cunha, M.D. v. James Luketich. et al., No. 19-cv-495 (W.D. Pa.). The claims asserted against defendants are allegations only and there has been no determination of liability.
Ulster County Man Pleads Guilty to Conspiring to Commit COVID-19 Relief FraudRead the Press Release
ALBANY, NEW YORK – Jean R. Lavanture, a/k/a “JR,” a/k/a “Rudy Lavanture,” age 48, of Saugerties, New York, pled guilty today to conspiring to commit bank fraud and conspiring to commit wire fraud, and admitted to fraudulently obtaining $4,870,781 in government-backed loans meant for businesses struggling with the financial effects of the coronavirus pandemic. Lavanture is the third person to plead guilty in this case.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Acting United States Attorney Antoinette T. Bacon stated: “Mr. Lavanture and his co-conspirator Sean M. Andre took millions from COVID-19 relief programs, to the detriment of lenders, the U.S. Small Business Administration, and the legitimate businesses that could have put this money to good use. With our law enforcement partners, we will continue to investigate and prosecute fraudsters who prey upon government-backed loan programs meant to stabilize legitimate businesses during an unprecedented pandemic.”
FBI Special Agent in Charge Janeen DiGuiseppi stated: “Mr. Lavanture stole over $4.5 million from a government program designed to help small businesses struggling to stay afloat during the coronavirus pandemic. Mr. Lavanture and his co-conspirator’s fraud scheme impacted the ability of an untold number of businesses, while selfishly lining their own pockets. The FBI, together with our partners, will continue to seek out and investigate these callous fraudsters who target hardworking Americans.”
In pleading guilty, Lavanture admitted to conspiring with Andre to obtain $4,309,581 in Paycheck Protection Program (PPP) loans between June and August 2020, by submitting fraudulent loan applications in the names of four companies that Lavanture controlled. Each loan application grossly misrepresented each company’s employees and payroll. Each application also included false corporate tax documents that Andre created as part of the scheme. Lavanture admitted that none of his companies actually had a payroll or employees.
Lavanture also admitted that, on his own, he fraudulently obtained $561,200 in Economic Injury Disaster Loans (“EIDLs”) from the U.S. Small Business Administration (SBA).
Lavanture agreed to pay restitution in the amount of $4,870,781, and to forfeit proceeds of the fraud, including a motel property he purchased in Rockaway Beach, Missouri; $476,253.25 in U.S. currency; a 2007 Bentley Continental; a 2013 BMW X5; and the balances of 19 bank accounts at a total of 9 banks, into which he deposited fraud proceeds.
Lavanture faces up to 30 years in prison for bank fraud conspiracy, and up to 20 years in prison for wire fraud conspiracy, when he is sentenced on January 6, 2022 by Chief United States District Judge Glenn T. Suddaby. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Lavanture, a citizen of Haiti, has been in custody since September 17, 2020, when FBI agents arrested him on a criminal complaint.
Andre, age 31, of Brooklyn, New York, pled guilty on May 26, 2021 to conspiring to commit bank fraud and conspiring to commit wire fraud. Andre’s sentencing is scheduled for January 6, 2022.
Jamur Pharmes, age 43, of Hampton, Georgia, pled guilty on July 1, 2021 to conspiring to commit wire fraud. He admitted that he and Lavanture conspired to submit fraudulent EIDL applications in the names of two companies connected to Pharmes. Pharmes obtained approximately $159,900 as a result of the scheme, and paid a $10,000 fee to Lavanture. Pharmes is scheduled to be sentenced on December 9, 2021.
This case was investigated by the FBI, Internal Revenue Service (IRS)-Criminal Investigation, and the SBA Office of Inspector General, and is being prosecuted by Assistant U.S. Attorneys Michael Barnett and Joshua R. Rosenthal.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Two Rochester Men Arrested on Cocaine Charges Following Chase with PoliceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brian Cintron, 37, and Edwin Junior Gallardo-Ortiz, 35, both of Rochester, NY, were arrested and charged by criminal complaint with conspiring and attempting to possess with intent to distribute five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life in prison, and a $10,000,000 fine.
Assistant U.S. Attorney Sean C. Eldridge stated that according to the criminal complaint, a search warrant was executed on a U.S Postal Express Mail Parcel sent from Puerto Rico and addressed to defendant Cintron at a Waverly Place residence. The parcel contained approximately eight kilograms of cocaine. The contents were replaced with “sham” and the parcel was delivered. A law enforcement officer, dressed as a letter carrier, approached the residence, and identified Clinton who stated that he had been waiting a while for the parcel. Cintron took the parcel and left the area about a short time later in a vehicle driven by defendant Gallardo-Ortiz, who had been driving around the area of the Waverly Place residence for at least an hour prior to the delivery of the parcel.
Investigators followed the vehicle, which began traveling at higher rates of speed, passing cars over double yellow lines, failing to use turn signals, using the center turn lane to pass vehicles, running red lights and passing stop signs at intersections. After losing sight of the vehicle for a period of time, the vehicle was observed driving with a flat tire and at a normal speed rate. Investigators again followed the vehicle, which once again sped up. As law enforcement attempted to contain the vehicle, defendant Gallardo-Ortiz attempted to evade one law enforcement vehicle and struck another law enforcement vehicle. The vehicle was stopped, where both Gallardo-Ortiz and Cintron were taken into custody.
Video footage from the area of the vehicle chase showed defendant Cintron getting out of the vehicle and attempting to throw the drug parcel into a dumpster. The parcel didn’t fit in the dumpster, so defendant Cintron went back to the vehicle and spoke with defendant Gallardo-Ortiz, after which he walked around the dumpster and placed the parcel behind the dumpster, where it was later recovered.
The eight kilograms of cocaine seized has an approximate street value in Rochester of between $500,000 and $800,000.
Cintron and Gallardo-Ortiz made an initial appearance before U.S. Magistrate Judge Marian W. Payson Magistrate and are being held pending detention hearings on September 8, 2021.
The criminal complaint is the result of an investigation by the United States Postal Inspection Service, under the direction of Acting Inspector-in-Charge Joshua W. McCallister of the Boston Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Two Columbia Residents Plead Guilty to Meth TraffickingRead the Press Release
JEFFERSON CITY, Mo. – Two Columbia, Missouri, residents have pleaded guilty in federal court to methamphetamine trafficking after they received a large package of methamphetamine shipped from California to distribute locally.
Bryan Patton Tullous, 39, pleaded guilty today before U.S. Magistrate Judge Willie J. Epps, Jr., to participating in a conspiracy to distribute methamphetamine.
Co-defendant Cassiopeia Marie Blaise, 36, pleaded guilty on Tuesday, Aug. 31, to possessing methamphetamine with the intent to distribute.
On April 26, 2019, law enforcement officers intercepted a package from California that had been shipped to the residence shared by Tullous and Blaise. The package contained approximately 5.6 pounds of methamphetamine in five individual packages that weighed approximately one pound (453 grams) each, for a total of 2.209 kilograms of methamphetamine. Officers conducted surveillance of the residence as the package was delivered to the front porch. Both Tullous and Blaise were outside; Blaise retrieved the package and took it inside the residence while Tullous was in a neighbor’s yard. Officers took both of them into custody and executed a search warrant of the residence. Officers found the opened package hidden under clothing at the foot of the bed in the master bedroom.
Officers also found a dozen firearms in various areas of the residence, including a loaded Smith & Wesson .380-caliber pistol laying near the package in the bedroom. In a safe in the garage, officers found a Mossberg .22-caliber rifle, a Snake Charmer 410 shotgun, a Browning .223-caliber rifle, a Bear River .38-caliber revolver, and a Charter Arms .38-caliber revolver. The Snake Charmer 410 shotgun had the stock cut off, making it useable as a pistol grip-type weapon.
Tullous admitted that he ordered the package and paid $12,000 for the methamphetamine.
Under federal statutes, Tullous is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. Blaise is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the East Central Drug Task Force, the Drug Enforcement Administration, the Missouri State Highway Patrol and the Columbia, Mo., Police Department.
Troy Businessman Sentenced for Hoarding and Price Gouging FacemasksRead the Press Release
ALBANY, NEW YORK – Imran Selcuk, age 35, of Troy, New York, was sentenced today to 3 years of probation for hoarding and price gouging in violation of the Defense Production Act of 1950 (DPA).
The announcement was made by Acting U.S. Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his March 5, 2021 misdemeanor guilty plea, Selcuk admitted that, in March 2020, he purchased approximately 100,000 KN95 facemasks and 25,000 surgical-style facemasks for $1 per mask and 50 cents per mask, respectively. Selcuk then offered these masks for sale at his Troy pizza restaurant and through a website for as much as ten times his acquisition cost. Selcuk also admitted that his website falsely represented that the KN95 masks he offered for sale were certified by the U.S. Food & Drug Administration (FDA). In fact, the FDA does not “certify” facemasks.
United States Magistrate Judge Christian F. Hummel also ordered Selcuk to pay a $2,500 fine.
This case was investigated by HSI, with assistance from the U.S. Postal Inspection Service, and was prosecuted by Assistant U.S. Attorneys Michael D. Gadarian and Joshua R. Rosenthal.
This case was brought in coordination with the Department of Justice’s COVID-19 Hoarding and Price Gouging Task Force, which organizes efforts among the Antitrust Division and U.S. Attorney’s offices across the country to address illegal activity involving personal protective equipment.
Three South Florida Men Guilty of Conspiring to Launder Fraudulently Obtained Covid-19 Relief Money and Proceeds from Business Email Compromise SchemesRead the Press Release
Miami, Florida – Yesterday, Broward County residents Jimpcy One, 35, Gousman Lemy, 42, and Frantz Guillaume, Jr. a/k/a Sandro Saintfloeur, 44, pled guilty in federal district court to conspiring with each other to launder proceeds obtained from business email compromise schemes and fraudulently obtained Covid-19 relief loans. Each defendant admitted to laundering close to $2 million dollars to disguise the nature and source of the illicit funds.
A business email compromise scheme is a type of computer intrusion that occurs when an employee of a company is fooled into interacting with an email message that appears to be, but is not, legitimate. The bogus email usually contains either an attachment or a link to a malicious website or program. When an unwitting user clicks on either the link or the attachment, it releases some form of malware (i.e., a virus, spyware, or other program application) that subsequently infects the employee’s email and/or computer. The malware may affect an employee’s individual account or spread throughout the computer network. The malware, once executed, can harvest information including but not limited to credentials and passwords, thereby giving the intruder access to sensitive company information.
According to court documents, in July of 2017, Lemy and Guillaume laundered a little over $425,000 obtained from a business email compromise of a Texas based university. Then, in 2019, One joined Lemy, and Guillaume in laundering over $900,000 obtained from a business email compromise of another U.S. based victim company. In each business email compromise scheme, co-conspirators sent false and fraudulent emails from a hacked account which tricked the victims into wiring money into accounts controlled by the defendants and their co-conspirators. One, Gousman, and Lemy then sought to conceal the origin of this fraudulently obtained money by transferring it among the bank accounts of various shell companies that One, Gousman, and Lemy controlled.
When the coronavirus pandemic hit the United States in 2020, One, Gousman, and Lemy allegedly initiated a new fraud scheme using existing shell companies from the email compromise scheme, as well as newly created and reactivated shell companies. Defendants allegedly submitted false and fraudulent loan applications under two U.S. government relief programs authorized by the CARES Act to help small businesses and their employees survive the Covid-19 economic crisis: the Paycheck Protection Program (“PPP”) and the Economic Injury Disaster Loan Program (“EIDL”). In June and July 2020, through false submissions in the names of their shell companies, One, Gousman, and Lemy fraudulently applied for and received close to $2 million in PPP and EIDL funds, which was laundered amongst the co-conspirators.
U.S. District Judge Rodolfo A. Ruiz, who sits in Ft. Lauderdale, will sentence these defendants on November 18, 2021, at 9:30 a.m. Each defendant faces up to 20 years in federal prison.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, FBI Miami; Kyle A. Myles, Special Agent in Charge, Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), Atlanta Region; and Amaleka McCall-Brathwaite, U.S. Small Business Administration, Investigations Division (SBA-OIG), Eastern Regional Office made the announcement.
FBI Miami, FDIC-OIG, and SBA-OIG handled the investigation, with assistance from the United States Secret Service Miami Field Office and the Treasury Inspector General for Tax Administration Cybercrimes Division. Assistant U.S. Attorney Brooke Watson is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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 on http://pacer.flsd.uscourts.gov, under case no. 21-cr-60126.
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Three Associated with Columbia Gangs, Including Local Gang Leader, Sentenced to a Total of 19 Years in Federal PrisonRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that three defendants associated with violent Columbia street gangs – Daisean Montez Skeeters, 27, of Elgin; Trenton Jermaine Portee, 26, of Columbia; and Zykese Demar Trevon Howell, 20, of Columbia – were sentenced in total to more than 19 years in federal prison after pleading guilty to federal firearms violations.
According to evidence presented in court, Skeeters and Portee are validated gang members, and Howell is a gang associate. Skeeters is also the leader of a local hybrid gang known to engage in violence and other criminal conduct, according to evidence presented in court by law enforcement.
“Gang violence and violence associated with drug distribution will not be tolerated in South Carolina,” said Acting U.S. Attorney DeHart. “The results from these cases were only possible because of tremendous partnerships with federal, state, and local partners who continue to prioritize an aggressive response to violent crime. We will continue to work together to make communities safer across South Carolina.”
Skeeters pled guilty to being a felon in possession of a firearm and ammunition. Evidence presented in court showed that, around 10:30 PM on October 18, 2019, a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) task force officer observed an Instagram story with Skeeters brandishing a tan firearm with a high-capacity magazine. The officer, who knew Skeeters was a felon and affiliated with various street gangs, notified the Midlands Gang Task Force. Hours later, the officer observed another Instagram story showing Skeeters with a group of associates, including one on GPS ankle monitor known to have active bench warrants. That associate has since been the victim of a homicide by gunshot. Orangeburg County Sheriff’s Office deputies were able to detain the associate, as well as stop a vehicle in which Skeeters was a passenger. When searching the vehicle, law enforcement located the tan firearm with an extended magazine loaded with 28 rounds of ammunition. Federal law prohibits Skeeters from possessing firearms and ammunition based on prior felony convictions, including five firearm convictions, numerous drug convictions, and two failure to stop for blue lights convictions, among others, in 2013, 2015, 2017, and 2018.
Portee also pled guilty to being a felon in possession of a firearm and ammunition. Evidence presented in court showed that on September 3, 2019, Portee was pulled over by a Columbia Police Department officer. After stopping his car, Portee fled on foot. During the chase, the officer observed a black pistol in Portee’s right hand and gave Portee loud verbal commands to stop and drop the firearm. Portee then tripped over a fence and was apprehended by the officer. After Portee was placed in handcuffs and rolled over, a loaded .40 caliber pistol was located on the ground under Portee. The pistol was stolen in Richland County a year prior. Additionally, through ballistics testing by ATF and the South Carolina Law Enforcement Division (SLED), it was determined that the gun was preliminary linked to two local attempted homicides – one in which the victim was shot in the back of the head. Portee was also prohibited from possessing firearms and ammunition based on prior felony convictions, including three firearm convictions, numerous drug convictions, and convictions criminal domestic violence, Assault & Battery, and Strong Arm Robbery in 2013, 2014, 2015, and 2016.
Howell pled guilty to the distribution of marijuana and possession of a firearm in furtherance of a drug trafficking crime. Evidence presented in court showed that between January and February 2020, Howell and a co-defendant, who is a validated gang member, sold an ATF undercover agent 11 firearms, 5 of which were loaded with a total of 81 rounds of ammunition, and approximately 242 grams of marijuana. Four of the firearms had been previously stolen and ballistics testing by ATF and SLED determined that two of the firearms were previously used in shootings in Richland County.
The ballistics analysis used in the Portee and Howell cases was through the National Integrated Ballistic Information Network (NIBIN), the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. More information on NIBIN can be found at: https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
United States District Court Judge J. Michelle Childs sentenced Skeeters to 84 months in federal prison, to be followed by a 3-year term of court-ordered supervision. Judge Childs sentenced Portee to 86 months in federal prison, to be followed by a three-year term of court-ordered supervision; and Judge Childs sentenced Howell to 61 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
The cases were investigated by the ATF, Columbia Police Department, Richland County Sheriff’s Department, Lexington County Sheriff’s Department, Orangeburg County Sheriff’s Office, the Midlands Gang Task Force, and SLED. Assistant United States Attorney Elliott B. Daniels prosecuted the cases.
The cases were prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Third Madera Defendant Added in Superseding Indictment for Trafficking Fentanyl and MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count superseding indictment today adding Josue Morales, 23, to an April 29, 2021, indictment, that charged Madera residents Emilio Hernandez Yesca, 27, and Jorge Perez, 24, with trafficking fentanyl and methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, the charges arose out of a months-long investigation into a drug trafficking organization. Between October 2020 and March 2021, the three conspired to distribute pounds of methamphetamine and thousands of fentanyl pills. These fentanyl pills are clandestinely manufactured pills that are made to resemble pharmaceutical oxycodone pills, but instead contain fentanyl, a synthetic opioid that is 100 times stronger than morphine. Morales is alleged to have supplied thousands of fentanyl pills and several pounds of methamphetamine to Hernandez and Perez on two occasions. Hernandez and Perez are alleged to have then distributed some of those narcotics and possessed the remainder with intent to distribute them.
Associates of the trafficking ring, Madera residents Eli Quiroz Hernandez, 26, and Jorge Luis Hernandez Gonzalez, 30, were indicted in related cases in April 2021.
This case is the product of an investigation by Homeland Security Investigations, the Drug Enforcement Administration, the Madera County Sheriff’s Office, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Chowchilla Police Department, the Madera Police Department, and the Madera Narcotics Enforcement Team. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted of the charged offenses, Hernandez, Perez, and Morales each face a statutory mandatory minimum penalty of 10 years in prison up to a maximum of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Third Brother Sentenced for Conspiring to Steal FirearmsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been sentenced to 12 months and 1 day of imprisonment with 3 years’ supervised release on a charge of conspiracy, United States Attorney Stephen R. Kaufman announced today.
United States District Judge W. Scott Hardy imposed the sentence on Jamir Atkins, age 22, formerly of Buente Street, Pittsburgh, PA 15212.
In connection with the guilty plea of brothers Jerwahn Atkins, Jamir Atkins, and Jerquay Atkins, the court was advised that on May 31, 2020, the Atkins brothers conspired to steal firearms from federal firearm licensee, Allegheny Arms and Gun Works. The Atkins’s used a crowbar in an attempt to gain entry to the gun store which triggered a burglary alarm. This alarmed caused the brothers to run away to which Jerquay and Jerwahn left the scene in the same vehicle while Jamir departed in a separate vehicle, not arriving at the next crime scene. Jerquay Atkins and Jerwahn Atkins then drove to the National Armory in Moon Township, also a federal firearm licensee. A crowbar was again used to pry open the door triggering the burglary alarm causing the two brothers to flee once more.
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
The Alcohol, Tobacco, Firearms, and Explosives conducted the investigation that led to the prosecution of Jerwahn Atkins, Jamir Atkins, and Jerquay Atkins.
Texas man admits to sending obscene material to a minorRead the Press Release
MARTINSBURG, WEST VIRGINIA – Marcus Moreno, of LaVilla, Texas, has admitted to sending inappropriate pictures to a minor, Acting U.S. Attorney Randolph J. Bernard announced.
Moreno, 27, pleaded guilty today to one count of “Transfer of Obscenity to Minor.” Moreno began communicating with a minor located in Berkeley County, West Virginia, via social media applications such as Snapchat, KIK, WhatsApp, and the minor’s school email accounts. The victim’s parents turned over her phone to investigators. Forensics revealed thousands of text messages, chats, and video communications between the victim and Moreno, dating from October 2018 to January 2019, when the victim was 15 years old. The investigation further revealed thousands of images of child pornography of the victim and obscene pornographic images of Moreno.
In May 2019, during execution of a search warrant Moreno gave a voluntary statement to agents saying he met the victim online in a chat room when she had just turned 14. Three weeks after that first conversation, they began online dating. Though never meeting in person, he told investigators he planned to marry the victim when she turned 18. He admitted to sending obscene images of himself to the victim. During the search of his home, the FBI found thousands of other graphic files and video files of the victim on several flash drives and devices.
Moreno faces up to 10 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.
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.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The FBI and the West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Texas Man Sentenced to over 12 Years in Federal Prison for Meth Trafficking Spanning Five StatesRead the Press Release
Robert Board, age 45, originally from Brownsville, Texas, more recently living in Medalia, Minnesota, pled guilty on April 15, 2021, to conspiracy to distribute methamphetamine. He was sentenced to over a dozen years in prison at a sentencing hearing held on September 2, 2021. At the hearings, evidence showed that from March 2019 through June 2020, Board was involved in the distribution of more than 12 kilograms of methamphetamine. In July and August 2019, Board was the leader of a small group in the distribution of over one pound of pure methamphetamine to a confidential informant in four controlled drug operations with law enforcement. Board later admitted to obtaining at least 12 kilograms of methamphetamine and at least 73 pounds of marijuana from sources in California, Washington, and Texas, and transporting it all to Minnesota and Iowa for further distribution. Board also admitted to the interstate transport of a number of firearms for additional transactions.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Board was sentenced to 159 months’ imprisonment and must serve a term of 5 years supervised release following imprisonment. Board is held in United States Marshal custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and the Woodbury County Attorney’s Office; and the Worthington (MN) Police Department and the Nobles County (MN) Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4065.
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T&A Crips member who killed rival gang member, shot at potential witness sentenced to 30 years in prisonRead the Press Release
COLUMBUS, Ohio – One of 19 defendants charged in a Columbus gang-related racketeering conspiracy was sentenced in U.S. District Court today to 30 years in prison for his part in furthering the violence of the local Crips gang.
Jonathan Dantzler, 29, murdered a rival gang member and shot at a potential witness in 2012. He is one of 19 defendants charged in 2018 as part of the local gang T&A Crips.
T&A Crips derived its name from Trevitt and Atcheson streets in the King-Lincoln District of Columbus, where its members predominantly reside. T&A controlled the neighborhood through intimidation, fear and violence. Gang members were expected to retaliate with acts of violence when their members and associates were disrespected, threatened, intimidated or subjected to acts of violence.
Specifically, the co-conspirators in this case are charged with five murders:
the murder of Franky Tention on July 1, 2012, in the area of 431 Ellison Street;
the murder of William Moore on March 15, 2013;
the murder of Marvin Ector on December 23, 2013, on East 5th Avenue;
the murder of Quincy Story on January 24, 2015; and
the murder of Deonte Fisher on March 4, 2016.
As part of his guilty plea in May 2021, Dantzler admitted to shooting Franky Tention in 2012. According to court documents, Dantzler shot at the victim because he was a member of the rival “Milo Bloods” gang and was driving into T&A territory in a “sign of disrespect.”
Dantzler also discharged a firearm into the residence of a potential witness to intimidate her from cooperating with law enforcement authorities.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Roland Herndon, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Dan Leeper, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Columbus Police Chief Elaine Bryant; and United States Marshal Pete Tobin announced the sentence imposed today by U.S. District Judge Michael H. Watson. Assistant United States Attorneys Kevin W. Kelley and Noah R. Litton are representing the United States in this case.
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Statement of Acting U.S. Attorney Raj Parekh on Alexanda Kotey’s Guilty PleaRead the Press Release
Acting United States Attorney Raj Parekh, who is also one of the prosecutors on the case, issued the following statement on Alexanda Kotey’s guilty plea entered this evening in the U.S. District Court for the Eastern District of Virginia:
“Alexanda Kotey, an avowed member of ISIS, pleaded guilty today to all charges that were brought against him in the United States for his participation in a horrific hostage-taking scheme that resulted in the deaths of four U.S. citizens, as well as the deaths of British and Japanese nationals, in Syria. He has agreed to spend the rest of his life in prison.
“The four American victims in this case—James Wright Foley, Kayla Jean Mueller, Steven Joel Sotloff, and Peter Edward Kassig—were journalists and humanitarian aid workers, pillars of courage and kindness on the front lines of a perilous conflict. They risked their lives to shine a light on the darkest corners of the globe and to help others most in need. The values that they personified to the very end are the antithesis of those embodied by the terrorist organization that murdered them.
“Contrary to the propaganda perpetuated by ISIS, we have given Alexanda Kotey the opportunity to face justice. Kotey has been afforded due process and, in the face of overwhelming evidence, he made the independent decision to plead guilty to his crimes. The justice, fairness, and humanity that this defendant received in the United States stand in stark contrast to the cruelty, inhumanity, and indiscriminate violence touted by the terrorist organization he espoused.
“Today is also a painful anniversary. Seven years ago, the world was devastated by images depicting the death of Steven Sotloff. It is our hope that we can not only remember the heartbreaking loss of Steven, Kayla, Jim, Peter, and all of the other victims who suffered at the hands of the Islamic State, but also begin to bring a measure of comfort and healing for their loved ones.
“This case has always been focused on the victims and their families. Their resilience, courage, and perseverance have ensured that terror will never have the last word. Today, through the voices and lives of the victims, Justice spoke, and it is those words that will resonate through history.”
St. Croix Man Charged with Illegal Possession of a Firearm at the Frederiksted Post OfficeRead the Press Release
St. Croix, USVI – U.S. Attorney Gretchen C.F. Shappert announced that Moises Figueroa, Jr., age 45, of St. Croix, was charged today with Possession of a Firearm on U.S. Postal Service Property and Illegal Possession of a Firearm.
According to court documents, on May 26, 2021, federal law enforcement agents conducted a controlled delivery of two parcels suspected of containing firearms. Figueroa was detained in the parking lot of the Frederiksted Post Office after picking up the parcels. The agents confiscated a loaded Taurus Millennium Pro semiautomatic pistol from Figueroa’s waistband.
If convicted, Figueroa faces up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The United States Postal Inspection Service (USPIS), Homeland Security Investigations (HSI), and the Bureau of Alcohol, Tobacco, and Firearms (ATF) are investigating the case.
Assistant U.S. Attorney Daniel H. Huston is prosecuting the case.
This case is part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
South Carolina Medical Provider Pleads Guilty to Federal Health Care FraudRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Joseph Benjamin Barton, 47, of Mount Pleasant, the owner and operator of Midlands Physical Medicine LLC in Richland County, has pleaded guilty to a felony count of health care fraud for billing Medicare for $194,000 that was not due.
Evidence presented in court showed that, from June 2016 until February 2017, Barton, through Midlands Physical Medicine, fraudulently submitted false claims to Medicare Part B for implantable neuro-stimulator pulse generators that beneficiaries did not receive and submitted “approvals” for such devices by a doctor no longer affiliated with the practice.
While Barton submitted claims to Medicare stating that another affiliated physician rendered the procedure, that physician was not a part of the practice, was living in Florida at the time, and was unaware that Barton submitted these claims using his identifiers as the provider that rendered the services. In actuality, a physician’s assistant was providing Medicare beneficiaries an auricular electrical nerve stimulation device not covered by Medicare, in place of an implantable stimulator device, to provide relief from pain and/or headaches.
United States District Judge J. Michelle Childs accepted Barton’s guilty plea and will sentence Barton at a later date. The maximum penalties Barton faces include ten years of imprisonment, a $250,000 fine, and three years of supervised release.
The Office of the Inspector General for United States Department of Health and Human Services is investigating the case, and Assistant United States Attorney Winston Holliday is prosecuting the case.
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Sioux City Woman Off to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced on September 2, 2021, in federal court in Sioux City, Iowa.
Jennie Kazena, 38, from Sioux City, pled guilty on February 18, 2021, to conspiracy to distribute methamphetamine. Kazena was previously convicted in federal court of conspiracy to distribute and possession with intent to distribute methamphetamine on February 19, 2010.
Evidence at hearings in the case showed that between January 2019 and October 2019, Kazena and others distributed more than 150 grams of actual (pure) methamphetamine and more than 10 pounds of mixed methamphetamine overall in the Sioux City area. On March 1, 2019, agents seized ½ ounce of methamphetamine from Kazena in two separate law enforcement operations. On October 3, 2019, in a controlled operation by law enforcement, Kazena distributed ¼ pound of methamphetamine to a confidential informant. On October 21, 2019, in a traffic stop, Kazena was found to possess ½ ounce of methamphetamine and admitted to agents her involvement in the distribution of at least two pounds of methamphetamine in the Sioux City area for a large source.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Kazena was sentenced to 126 months’ imprisonment and must serve a term of seven years of supervised release following imprisonment.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4037.
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San Fernando Valley Man Pleads Guilty to Federal Charge for Starting Fire in Santa Monica Restaurant During Last Year’s Civil UnrestRead the Press Release
LOS ANGELES – A West Hills man who started a fire that caused substantial damage to a Santa Monica restaurant during the civil disturbances that erupted during the spring of 2020 pleaded guilty today to a federal criminal charge.
Micah Tillmon, 20, pleaded guilty to one count of possession of an unregistered destructive device.
According to his plea agreement, on May 31, 2020, Tillmon entered Sake House by Hikari, a Japanese restaurant located in downtown Santa Monica, without authorization and while the business was closed because of the civil unrest occurring in the city at that time.
While inside the restaurant, Tillmon possessed and used an incendiary device to ignite a fire that rapidly grew, enveloped the entire restaurant space and spread to other areas of the building adjacent to the restaurant.
According to the affidavit in support of the criminal complaint previously filed in this case, security video from the restaurant shows Tillmon removing “a red tube-shaped object from his jacket, which he placed behind the reception desk area of the restaurant before walking away. Within seconds of that action, smoke and fire appeared from the area….”
The Santa Monica Fire Department (SMFD) responded to the fire and extinguished the flames using several fire trucks and numerous personnel. Due to safety concerns that accompanied the city’s civil unrest, SMFD prematurely abandoned the scene. As a result, SMFD needed to return to the scene several times throughout the night to extinguish additional flare-ups. The restaurant has since permanently closed.
Tillmon was identified by detectives with the Santa Monica Police Department, who reviewed numerous security videos and social media posts. Tillmon was also linked to the fire when investigators uncovered a video showing his white Ford Explorer parking next to the Sake House four minutes before the fire started and then reversing across the street soon after the fire started, according to court documents.
In his plea agreement, Tillmon admitted to knowingly possessing an incendiary device that had not been registered with the National Firearms Registration and Transfer Record, the central federal registry for all items regulated under the National Firearms Act.
United States District Judge Michael W. Fitzgerald has scheduled a December 6 sentencing hearing, at which time Tillmon will face a statutory maximum sentence of 10 years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Santa Monica Police Department investigated this matter.
Assistant United States Attorney Shawn T. Andrews of the Violent and Organized Crime Section is prosecuting this case.
San Diego Doctor Pays $200,000 to Resolve Allegations that He Wrote Illegitimate Opioid PrescriptionsRead the Press Release
Assistant U.S. Attorney Dylan M. Aste (619) 546-7621
NEWS RELEASE SUMMARY – September 2, 2021
SAN DIEGO – San Diego area pain clinic doctor Brenton Wynn, M.D., has paid $200,000 to resolve allegations that he illegally prescribed opioids and other dangerous drugs to his patients, according to a settlement agreement signed by Dr. Wynn and the United States. The settlement stems from the United States’ continued efforts to combat the opioid epidemic on all fronts, including this investigation of whether Dr. Wynn illegally prescribed opioids to his patients in violation of the Controlled Substances Act.
The Controlled Substances Act provides that doctors may write prescriptions for opioids only for a legitimate medical purpose while acting in the usual course of their professional practice. The United States alleged that Dr. Wynn wrote opioid prescriptions to patients without a legitimate medical purpose and/or outside the usual course of his professional practice for more than five years. Dr. Wynn wrote prescriptions for fentanyl, oxycodone, hydromorphone, methadone, oxymorphone, and morphine.
The United States further alleged that Dr. Wynn prescribed at the same time a dangerous combination of opioids and benzodiazepines such as Xanax and Valium. Of even more concern, Dr. Wynn allegedly prescribed to some patients a combination of at least one opioid, one benzodiazepine and one muscle relaxant such as Soma. Drug abusers colloquially refer to the opioid, benzodiazepine, and muscle relaxant combination as the “Trinity” or “Holy Trinity” because of its rapid euphoric effects. These drug combinations are known to significantly increase the risk of addiction, abuse, and overdose.
The investigation exemplifies the Department of Justice’s willingness to investigate doctors who may be overprescribing opioids while treating patients who suffer painful conditions. Such doctors must still only prescribe opioids in accordance with recognized and accepted medical standards. Indeed, public health experts have long warned health care providers that overdose risk is elevated in patients receiving medically prescribed opioids, particularly those receiving high dosages. Doctors and other health care providers should carefully track the potency of opioids prescribed to patients by noting the Morphine Milligram Equivalent (MME, also commonly referred to as Morphine Equivalent Dose or MED) of prescribed opioids. Among other things, tracking MMEs advances better practices for pain management by reinforcing the need for providers to consider alternatives to using high-dosage opioids to treat pain and to appropriately justify decisions to use opioids at dosages that place patients at high risk of addiction, abuse, and overdose. Furthermore, prescribing high dosages increases the risk that patients will divert opioids.
Based on its investigation, the United States alleged that Dr. Wynn prescribed large quantities of opioids to his patients that reached high daily MME levels, often even exceeding 120 MME. The United States further alleged that Dr. Wynn sometimes continued to prescribe dangerous opioids even when his patients’ urine drug test results showed that they were not taking the drugs Dr. Wynn prescribed.
“Even in our climate of heightened awareness of the dangers of opioids, some doctors continue to overprescribe opioids,” said Acting U.S. Attorney Randy Grossman. “This office will pursue those overprescribing doctors and bring them to justice. And as we have consistently demonstrated, we will continue to use all available tools to combat the serious opioid epidemic.” Grossman commended Assistant U.S. Attorney Dylan Aste and the Drug Enforcement Administration for their work on the investigation.
The DEA has a pending administrative action against Dr. Wynn (Docket No. 20-10) to revoke his ability to prescribe opioids and other controlled substances.
“While the vast amount of medical professionals prescribe opioids legitimately and are meeting their patients’ standard of care, DEA will vigorously pursue information from the public about the doctors who are not,” said DEA Special Agent in Charge John W. Callery. “DEA will always protect the public from doctors who put their patients in harm’s way.”
To report a tip directly to a DEA representative regarding medical personnel writing suspicious opioid prescriptions and pharmacies dispensing large amounts of opioids, call (571) 324-6499, or visit the DEA’s website (https://www.deadiversion.usdoj.gov/) and click on “Report Illicit Pharmaceutical Activities.”
Assistant U.S. Attorney Dylan M. Aste of the U.S. Attorney’s Office for the Southern District of California handled this matter along with DEA investigators.
The claims resolved by this settlement are allegations only and there has been no determination of liability.
Rochester Woman Pleads Guilty to Accessory After the Fact to St. Paul ArsonsRead the Press Release
MINNEAPOLIS – A Rochester woman pleaded guilty today to being an accessory after the fact to arson of multiple St. Paul businesses, announced Acting U.S. Attorney W. Anders Folk.
According to court documents, on May 28, 2020, Mena Dhaya Yousif, 23, and her husband, co-defendant Jose Angel Felan Jr., 35, went to several businesses located on University Avenue in St. Paul. Felan allegedly set fire to the Goodwill retail store, the Gordon Parks High School, and the 7 Mile Sportswear store. Over the course of the following week, Yousif aided and abetted Felan as he fled from Minnesota to Texas, before crossing the border into Mexico. Yousif traveled with Felan and assisted his escape by destroying evidence and providing false information to law enforcement.
In February 2021, Felan and Yousif were arrested by Mexican law enforcement authorities and returned to the United States to face prosecution.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the St. Paul Police Department, the St. Paul Fire Department, and the Minnesota State Fire Marshal Division. The fugitive apprehension efforts were led by the U.S. Marshals Service.
Assistant U.S. Attorneys Melinda A. Williams and Emily Polachek are prosecuting the case.
Rochester Man Pleads Guilty to His Role in Burning of RPD Car During May 2020 Violent Protests in RochesterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Miguel Ramos, 20, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to rioting for his role in violent protests held in the City of Rochester in May 2020. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie M. Kocher, who is handling the case stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
During the course of the protests, the defendant and others used an aerosol can and an open flame to set fire to a marked Rochester Police Department patrol vehicle parked in front of the Public Safety Building. The burning of the RPD car, which was completely destroyed, was broadcast and recorded on Facebook Live, which streamed the burning online in real time. Ramos also took photographs of himself at the riot and sent those photographs to others via text message to encourage them to participate in the riot.
The plea is are the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez Jr. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Sentencing is scheduled for December 2, 2021, at 9:15 a.m. before Judge Siragusa.
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Rhode Island Man Sentenced to 30 Months’ Imprisonment for Automobile Warranty Fraud SchemeRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew Gershkoff, age 64, of North Providence, Rhode Island was sentenced to 30 months’ imprisonment and three years of supervised release by United States District Court Judge Malachy E. Mannion, for conspiring to commit wire fraud, and for aggravated identity theft offenses. Judge Mannion also ordered Gershkoff to pay restitution of $385,352.19 to the victim of his crime.
According to Acting United States Attorney Bruce D. Brandler, Gershkoff was convicted of preparing false invoices for nonexistent automobile repairs at multiple automobile repair shops located in Rhode Island and in Massachusetts, and for forging policy owners’ signatures. The invoices were sent to and paid by an automobile warranty company in Wilkes-Barre, Pennsylvania. Gershkoff pleaded guilty on May 18, 2020, to causing between $250,000 and $550,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company.
Three of Gershkoff’s coconspirators were convicted in this investigation:
- Brian Larry, age 59, of Clark’s Summit, Pennsylvania, was convicted on May 10, 2021, following a jury trial, of mail fraud, wire fraud, aggravated identity theft, and false statement offenses. Larry was convicted of defrauding his former employer, the Wilkes-Barre based automobile warranty company, from approximately January 2014 through October 2018. Larry also was convicted of stealing the personal information of warranty policy owners and providing it to his coconspirators, who created false invoices for nonexistent automobile repair work supposedly performed at various garages in Rhode Island, Massachusetts, and Pennsylvania, including by forging the policy owners’ signatures on the paperwork. The false and forged documentation was then sent to the warranty company, where Larry approved payment of the invoices. During the course of the scheme, Larry and his coconspirators obtained approximately $400,000 paid out by the warranty company pursuant to the false invoices, including thousands of dollars in repair work for Larry’s personal vehicle that he charged to other policy owners. The evidence at trial showed that Larry then falsified internal warranty company documents in an attempt to conceal his crimes.
- Herman Cabral, age 62, of Cranston, Rhode Island, pleaded guilty to conspiring to commit wire fraud, and was sentenced to 10 months of imprisonment and three years of supervised release. Cabral was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, A Plus Auto Services. Cabral pleaded guilty on July 23, 2019, to causing between $150,000 and $250,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay over $211,644.03 in restitution.
- Jason Pannone, age 40, of North Providence, Rhode Island pleaded guilty to conspiring to commit wire and mail fraud, and to aggravated identity theft, and was sentenced to 18 months of imprisonment and two years of supervised release. Pannone was convicted of processing false invoices for nonexistent automobile repairs through his Providence, Rhode Island automobile detailing shop, Platinum Auto Services, and through Ultra Auto Services, where he was employed. Pannone pleaded guilty on March 23, 2021, to causing between $95,000 and $150,000 of fraudulent loss to the Wilkes-Barre based automobile warranty company, and was ordered to pay restitution of $128,667.16 to the victim of his crime
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Phillip J. Caraballo and Jeffrey St John prosecuted the case.
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Retail Ready Owner to Forfeit $72M for VA Tuition FraudRead the Press Release
The owner of a for-profit trade school convicted of bilking the U.S. Department of Veterans Affairs will forfeit $72 million to the federal government, Acting U.S. Attorney Prerak Shah announced today.
In an order handed down Wednesday, U.S. District Judge Brantley Starr ruled that Jonathan Dean Davis, the 43-year-old owner of Retail Ready Career Center, will forfeit $72,480,225.03 – the total amount the VA paid him for military veterans’ student tuitions – to the government. The order included the specific forfeiture of more than $4.7 million in cash; numerous luxury vehicles, including a Lamborghini, a Ferrari, a Bentley, two Mercedes-Benzes, and a BMW; and real estate in Dallas and Utah worth more than $2.5 million.
Mr. Davis was found guilty of seven counts of wire fraud and four counts of money laundering following a six-day trial in April.
“This defendant attempted to argue that because the proceeds of his fraud were in his business account, rather than in a personal bank account, he should not have to give it all back. But neither the American taxpayer nor the Court recognize such a distinction. We are proud to say that $72 million in fraudulently-obtained money is headed back into U.S. coffers,” said Acting U.S. Attorney Prerak Shah.
According to evidence presented at trial, Mr. Davis marketed Retail Ready’s six-week HVAC training course to veterans whose tuition and fees would be covered by the Veteran’s Educational Assistance Act of 2008, also known as the post-9/11 GI Bill. The defendant, who was essentially broke at the time of the crime, realized that he could charge $18,000 to $21,000 per student for the six-week course, if only he could get approval from the VA to accept GI Bill payments for tuition – which required prior approvals from the Texas Workforce Commission (TWC) and the Texas Veterans Commission (TVC).
These agencies required applicants to certify that they were not personally facing any criminal or civil actions, and to prove that their schools were established educational institutions in stable financial condition. Knowing he could not meet these requirements, Mr. Davis repeatedly lied and concealed information from these agencies.
“Several decisions lie ahead that will ultimately make the difference if I succeed or if I fail. More gut-wrenching conversations, more humiliating experiences, more lying is in order,” Mr. Davis wrote in an electronic journal he kept on his computer, which was recovered by federal agents during a search of Retail Ready. The journal became a key piece of evidence at trial.
Mr. Davis assured the TWC that he was not subject to any civil actions, when, in fact, he was facing numerous civil judgments over unpaid debts. He also told the TWC that he was not facing any criminal charges, when, in fact, he had a pending felony charge for theft of services.
Mr. Davis told the TVC that Retail Ready had been operating as a school for two years, when, in fact, the company had only existed for a few months and had never trained any students. He claimed that Retail Ready was fully prepared to train veterans, when, in fact, the company lacked a building and basic supplies. He even lied to an independent accountant about the school’s financial condition, and then submitted false financial statements to both the TWC and the TVC.
Eventually, based upon Mr. Davis’ lies to the TWC and TVC, the VA accepted Retail Ready’s application, allowing Mr. Davis to charge veterans’ tuition and fees to the VA under the GI Bill.
In 2014, he began recruiting student veterans, promising to prepare them for lucrative careers in the heating and air conditioning industry. Upon entering the workforce, however, many of these veterans discovered that Retail Ready had failed to teach them many of the basic skills necessary for entry-level technician jobs.
Several veterans testified at trial that they had relied on the Retail Ready’s fraudulently obtained VA endorsement and were sorely disappointed about their post- Retail Ready career prospects and pay. They were also shocked to learn of the rate at which Retail Ready’s six-week course had drained their GI Bill benefits, testifying that they felt “used,” “taken advantage of,” “deceived,” and “bamboozled.”
Mr. Davis is set to be sentenced on Wednesday, Sept. 22. He faces up to 180 years in federal prison.
The VA’s Office of Inspector General conducted the investigation with the assistance of the Federal Bureau of Investigation’s Dallas Field Office and the United States Postal Inspection Service’s Fort Worth Field Office. Assistant U.S. Attorney Dimitri Rocha is handling forfeiture. Assistant U.S. Attorneys Douglas Brasher and Fabio Leonardi are prosecuting the case.
Repeat Offender Sentenced for Federal Firearms ChargesRead the Press Release
GREENEVILLE, Tenn. – On September 2, 2021, Brandon Royce Clark, 32, of Morristown, Tennessee, was sentenced to serve 117 months in the Federal Bureau of Prisons, followed by four years of supervised release by the Honorable Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville. The sentence reflects a 96-month term of imprisonment followed by three years on supervised release for instant case to be run consecutively to a 21-month term of imprisonment with one year of supervised release to follow based on a revocation of supervised release for a prior conviction.
As part of the plea agreement filed with the court, Clark pled guilty to one count of being a convicted felon in the unlawful possession of a firearm.
According to the filed plea agreement, on July 13, 2019, less than two months after being released from federal prison, Clark was involved in an incident that led to his shooting two individuals near Boatsman Mountain Road in Morristown, Tennessee. Clark was traffic stopped the following day by a member of the Hamblen County Sheriff’s Office Narcotics Unit who was looking for the vehicle involved in the shooting and Clark was found to be in possession of a .380 semi-automatic pistol.
Court records reflect that Clark was previously convicted of being a felon in possession of a firearm in the Eastern District of Tennessee following a December 2010 event in which he fired shots into an occupied vehicle. Clark was sentenced to 100 months in Federal Bureau of Prisons with three years of supervised release to follow in that case. Clark was released from prison in that case on May 24, 2019.
The prosecution resulted from an investigation by the Hamblen County Sheriff’s Office Detectives and Narcotics Units, and with the assistance of the 3rd Judicial District Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Assistant United States Attorney J. Christian Lampe represented the United States.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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