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Monday 21 June 2021
Worcester Man Indicted for Using Stolen Identities to Open Bank Account and Attempting to Purchase $83,000 Sports CarRead the Press Release
BOSTON – A Worcester man was indicted on Thursday, June 17, 2021 for using two victims’ identities to open a bank account and attempting to purchase an $83,000 Chevrolet Camaro.
Brandon Brouillard, 27, was indicted on two counts of bank fraud and one count of aggravated identity theft. He is scheduled to be arraigned tomorrow by U.S. District Court Chief Magistrate Judge M. Page Kelley.
According to the charging documents, in February 2021, Brouillard used the identity of a New Hampshire resident to open a bank account at Avidia Bank. Brouillard allegedly wired $108,000 to the Avidia Bank account from another individual’s Bank of America account.
On April 17, 2021, Brouillard test drove a 2021 Chevrolet Camaro at a dealership in Norwood. After test-driving the Camaro, Brouillard allegedly agreed to purchase it for $83,000 and paid for the vehicle with a cashier’s check made out to the dealership. It is alleged that Brouillard provided his Massachusetts driver’s license, proof of insurance and signed a sales contract and Massachusetts application for registration and car title in connection with the purchase.
On April 19, 2021, Brouillard allegedly picked up the Camaro from the dealership. A few days later, the dealership learned that the account listed on the bank check provided by Brouillard was frozen. The dealership contacted Brouillard, who allegedly promised that he would wire $83,000 to pay for the car.
On April 26, 2021, an Arizona resident contacted local police and reported an attempted fraudulent wire transfer of $83,000 from the victim’s bank account. The victim reported that a fraudulent email purportedly from the victim was sent to the bank, requesting a wire transfer of $83,000 to pay for the victim’s “brother-in-law’s car.” The bank contacted the victim for verification, and the victim did not approve the transfer. It is alleged that starting in or about September 2020, the victim’s accounts were compromised, and large fraudulent purchases were made and shipped to Brouillard’s address. It is estimated that approximately $500,000 of the victim’s funds were stolen
The charge of bank fraud provides for a sentence of up to 30 years in prison, up to three years of supervised release and a fine of $1 million. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison to be served consecutively to any other sentence imposed, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Boston, Braintree, Natick, Newton, Norwood, Worcester and Scottsdale (Ariz.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Charged with Possessing Counterfeit Adderall Pills Containing MethamphetamineRead the Press Release
BOSTON – A Worcester man was arrested and charged today for possession with intent to distribute methamphetamine disguised as counterfeit Adderall pills.
Nestiano Kristo, 20, of Worcester, was charged by criminal complaint with possession with intent to distribute methamphetamine. Following an initial appearance this afternoon before U.S. District Court Chief Magistrate Judge M. Page Kelley, Kristo was detained pending a detention hearing scheduled for June 30, 2021.
According to the charging document, over the course of two months, Kristo allegedly sold significant quantities of counterfeit Adderall pills containing methamphetamine, cocaine and suspected fentanyl to an undercover law enforcement officer. Specifically, on May 10, 2021, Kristo allegedly sold approximately 1,000 counterfeit Adderall pills containing 355 grams of methamphetamine and cocaine to the undercover law enforcement officer. Today, agents recovered over 50,000 suspected counterfeit Adderall pills which are estimated to have a combined weight of over 17 kilograms, approximately one kilogram of suspected cocaine and three firearms, one of which was modified into a fully automatic weapon, from Kristo’s residence.
The charge of possession with intent to distribute methamphetamine provides for a sentence of up to 20 years in prison, a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Greg Friedholm of Mendell’s Worcester Branch Unit is prosecuting the case.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Pulaski County Constables Convicted of Conspiring to Violate the Civil Rights of OthersRead the Press Release
LONDON, Ky. – Two Pulaski County Constables were convicted late Friday, by a federal jury sitting in London, of federal civil rights violations and possession with intent to distribute methamphetamine.
After approximately three and a half hours of deliberations, following a five-day trial, the jury convicted Michael Wallace, 47, of Bronston, Ky., and Gary Baldock, 56, of Somerset, Ky., of violating the civil rights of persons within Pulaski County, and of possession with intent to distribute methamphetamine.
According to the evidence at trial, Wallace and Baldock worked together to violate people’s civil rights by fabricating evidence, which was used as a basis to arrest, to search, and to seize the property of others. Both Wallace and Baldock were also found to have possessed methamphetamine, for the purpose of planting the drug on potential suspects.
“This case is a disgraceful example of a grave betrayal of trust, a profound violation of the rights of others, and a real danger to our community,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “When those charged with enforcing the law and protecting the public turn instead to corruption, self-interest, and violating the rights of others, that does enduring damage to our communities. It also undermines the hard work and true dedication of so many. I want to thank the FBI and our trial team for the hard work and dedication that lead to these guilty verdicts.”
"As evidenced by the jury's guilty verdict, the actions of the two Pulaski County constables were not only harmful to the individuals they swore under oath to protect, but they also undermined public trust and confidence in law enforcement," said Special Agent in Charge Robert Brown of the FBI’s Louisville Field Office. "The FBI will not tolerate those who abuse their authority for their own personal gain and is committed to rooting out public corruption at all level."
Acting United States Attorney Shier and Special Agent in Charge Brown jointly announced the verdicts.
The investigation was conducted by the FBI. The United States was represented by Assistant U.S. Attorney Jason Parman.
Wallace and Baldock will appear for sentencing on October 18, 2021. They each face up to 10 years for the civil rights convictions; Baldock faces up to 20 years for the methamphetamine conviction; and Wallace faces a minimum of five years, up to 40 years, for the methamphetamine conviction. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
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Two Architects of Fraudulent Scheme Sentenced for Processing over $150 Million Through U.S. Financial InstitutionsRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that HAMID AKHAVAN, aka “Ray Akhavan,” was sentenced on Friday to 30 months in prison, and codefendant RUBEN WEIGAND was sentenced to 15 months in prison, for participating in a scheme to deceive U.S. issuing banks and credit unions into effectuating more than $150 million of credit and debit card purchases of marijuana by disguising those transactions as purchases of other kinds of goods, such as face creams and dog products. AKHAVAN and WEIGAND were found guilty of bank fraud in March 2021, following a four-week jury trial before U.S. District Court Judge Jed. S. Rakoff, who imposed Friday’s sentence.
Manhattan U.S. Attorney Audrey Strauss said: “Ray Akhavan and Ruben Weigand orchestrated an elaborate web of lies to deceive U.S. banks and credit card companies into processing more than $150 million in marijuana transactions, in violation of those institutions’ strict policies against such payments. This massive fraud undermined the fundamental integrity of the U.S. financial system, which relies on banks’ ability to identify the nature of the transactions they process. Now Akhavan and Weigand have rightly been sentenced to prison for their crimes.”
According to the evidence presented at trial:
AKHAVAN and WEIGAND, working with others, including principals from one of the leading on-demand marijuana delivery companies in the United States (the “Company”), planned and executed a scheme to deceive United States banks and other financial institutions into processing over $150 million in credit and debit card payments for the purchase and delivery of marijuana products (the “Scheme”).
The Scheme involved the deception of virtually all of the participants in the payment processing network, including issuing banks in the United States (the “Issuing Banks”) and Visa and MasterCard. The primary method used by AKHAVAN, WEIGAND, and other co-conspirators to deceive the Issuing Banks involved the purchase and use of shell companies that were used to disguise the marijuana transactions through the use of phony merchants (the “Phony Merchants”). The shell companies were used to open offshore bank accounts with merchant acquiring banks and to initiate credit card charges for marijuana purchases made through the Company. AKHAVAN and WEIGAND worked with other co-conspirators to create these phony merchant accounts – including phony online merchants purportedly selling dog products, diving gear, carbonated drinks, green tea, and face creams – and established Visa and MasterCard merchant processing accounts with one or more offshore acquiring banks. They then arranged for more than a dozen Phony Merchants to be used by the Company to process debit and credit card purchases of marijuana products. Many of the Phony Merchants purported to be based in the United Kingdom, but, despite being based outside the United States, claimed to maintain U.S.-based customer service numbers.
To facilitate the Scheme, webpages were created and deployed to lend legitimacy to the Phony Merchants. The Phony Merchants typically had web pages suggesting that they were involved in selling legitimate goods, such as carbonated drinks, face cream, dog products, and diving gear. Yet these companies were actually being used to facilitate the approval and processing of marijuana transactions. The defendants’ scheme even involved fake visits to those websites to make it appear as though the websites had real customers and were operating legitimate online businesses.
The defendants’ scheme also involved the use of online tracking pixels. Because the descriptors listed on Company customers’ credit card statements often were the URLs for the Phony Merchant websites, Company customers were sometimes confused and did not recognize the transactions on their credit card statements. The defendants and their co-conspirators were concerned that confused customers would call their Issuing Banks and inadvertently reveal the Scheme by indicating that they had purchased marijuana products and/or that they had made a purchase through the Company. To lessen the risk that customers would be confused, the defendants used a number of techniques, including online tracking pixels to track which users had visited the Company’s website. If a Company customer had visited the Company’s website and went to the URL listed on the customer’s credit card statement, the customer would automatically be re-routed to a webpage connected to the Company so that the customer would understand what the real purchase had been for (i.e., from the Company). However, in order to hide the Scheme, the defendants ensured that if a third-party such as a bank or credit card company investigator visited a URL for a Phony Merchant, they would not be re-routed, and would therefore be unable to discern any connection between the Phony Merchant website and the Company and/or the sale of marijuana products.
Over $150 million in marijuana credit and debit card transactions were processed using the Phony Merchants. Some of the merchant websites listed for those transactions included: diverkingdom.com, desirescent.com, outdoormaxx.com, and happypuppybox.com. Moreover, none of the Phony Merchant website names listed for those transactions referred to the Company or to marijuana. AKHAVAN, WEIGAND, and others also worked with and directed others to apply incorrect merchant category codes (“MCCs”) to the marijuana transactions in order to disguise the nature of those transactions and create the false appearance that the transactions were completely unrelated to marijuana. Some of the MCCs/categories listed for the transactions included freight carrier, trucking; clock, jewelry, watch, and silverware; stenographic services; department stores; music stores/pianos; and cosmetic stores.
AKHAVAN was the leader of the transaction laundering scheme and WEIGAND was responsible for interfacing with the acquiring banks regarding the offshore bank accounts used by the Phony Merchants.
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In addition to the prison term, AKHAVAN, 43, of, California, was sentenced to three years of supervised release, and ordered to pay a fine of $100,000 and forfeiture in the amount of $17,183,114.57.
WEIGAND, 38, of Germany, was also sentenced to three years of supervised release, and ordered to pay a fine of $50,000 and forfeiture in the amount of $384,000.
Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit and the Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Nicholas Folly, Tara La Morte, and Emily Deininger are in charge of the prosecution.
Turkish Businessman Arrested in Austria on Charges that He Allegedly Laundered over $133 Million in Fraud ProceedsRead the Press Release
A Turkish businessman was arrested in Austria on June 19, at the request of the U.S. Department of Justice. This arrest followed a superseding indictment returned by a federal grand jury in Salt Lake City, Utah, on April 28, which was unsealed today. The superseding indictment charged Sezgin Baran Korkmaz with one count of conspiring to commit money laundering, 10 counts of wire fraud, and one count of obstruction of an official proceeding.
According to the superseding indictment, Korkmaz laundered over $133 million in fraud proceeds through bank accounts that he controlled in Turkey and Luxembourg. The proceeds allegedly related to a scheme by Jacob Kingston, Isaiah Kingston, and Levon Termendzhyan to defraud the U.S. Treasury by filing false claims for over $1 billion in refundable renewable fuel tax credits for the production and sale of biodiesel by their company, Washakie Renewable Energy LLC, in Plymouth, Utah.
Korkmaz and his co-conspirators allegedly used proceeds from the fraud to acquire the Turkish airline Borajet, hotels in Turkey and Switzerland, a yacht named the Queen Anne, and a villa and apartment on the Bosphorus strait in Istanbul.
The indictment further charges Korkmaz with 10 counts of wire fraud. As alleged, Korkmaz devised a scheme to defraud Jacob Kingston and Isaiah Kingston by falsely representing that he could provide them with protection, through unnamed government officials, from a federal grand jury investigation and civil lawsuits.
The United States will seek to extradite Korkmaz to the United States so that he can appear before U.S. District Judge Jill Parrish of the District of Utah to face these charges. If convicted, Korkmaz faces a maximum penalty of 20 years in prison for the money laundering conspiracy count, 20 years in prison for each of the wire fraud counts, and five years in prison for the obstruction count. Judge Parrish will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Andrea T. Martinez for the District of Utah made the announcement.
IRS Criminal Investigation, the Environmental Protection Agency Criminal Investigation Division, and the Department of Defense DCIS are investigating the case. The Justice Department’s Office of International Affairs is providing significant assistance.
Trial Attorneys Richard Rolwing and Arthur Ewenczyk, and Senior Litigation Counsel John Sullivan of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Stock Promoters Charged in “Pump and Dump” Securities Fraud SchemeRead the Press Release
MINNEAPOLIS – A recently unsealed indictment charges three individuals with securities fraud for running an illegal pump-and-dump stock manipulation scheme by hijacking dormant public shell companies. The 15-count indictment charges all three defendants with conspiracy to commit securities fraud, securities fraud and wire fraud.
According to court documents, Mark Allen Miller, 43, of Breezy Point, Minnesota, Christopher James Rajkaran, 35, of Queens, New York, and Guyana, and Saeid Jaberian, 59, of Hopkins, Minnesota, devised and carried out a scheme to surreptitiously hijack and assume control over dormant public shell companies. The defendants used their control over the companies to fraudulently manipulate and pump up the price of the companies' stock so that they could profit from the sale of stock to unwitting investors.
According to court documents, the defendants acquired large amounts of stock in dormant public shell companies that traded over-the-counter at low prices, often less than $0.01 per share. The defendants then assumed control over the shell companies by creating fake and filing fake resignation letters and board resolutions purporting to announce the resignation of the existing management team and the appointment of one or more conspirators as new officers and directors of the companies. The conspirators used their control over the hijacked shell companies to issue fraudulent press releases and filings designed to fraudulently inflate and “pump up” the price of the hijacked companies’ stock. The defendants then sold or “dumped” their stock at the fraudulently inflated prices.
Rajkaran, who was arrested on June 18, 2021, in the Eastern District of New York, made his initial appearance U.S. District Court before Magistrate Judge John Cho. Miller and Jaberian will make their initial appearances in U.S. District Court before Magistrate Judge Hildy Bowbeer in St. Paul, Minnesota. Acting U.S. Attorney W. Anders Folk of the District of Minnesota made the announcement.
This case is the result of an investigation conducted by the U.S. Postal Inspection Service and the FBI. The U.S. Attorney’s Office would also like to thank the Securities and Exchange Commission for its assistance on this matter.
Assistant U.S. Attorneys Joseph H. Thompson and Miranda E. Dugi are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Stanly County Man Sentenced to Prison for Trafficking FentanylRead the Press Release
GREENSBORO, N.C. - Amaud Jaquane Allen, aka Bookie, of Albemarle, North Carolina, was sentenced today to 132 months in prison for distribution of fentanyl.
According to court documents, Homeland Security Investigations working with local law enforcement executed a controlled purchase of approximately two ounces of fentanyl and a .45 caliber handgun from Amaud Jaquane Allen in November 2019 in Albemarle, North Carolina. Law enforcement officers then conducted an additional buy-bust operation in December 2019 wherein Allen was found in possession of three bags containing approximately 24 grams of fentanyl.
Allen, age 29, was charged with one count of distribution of 40 grams or more of fentanyl, one count of possession with intent to distribute fentanyl, and one count of felon in possession of a firearm. On March 4, 2021, Allen pled guilty to one count of distribution of 40 grams or more of fentanyl. Allen was a convicted felon at the time of these offenses, having been convicted of common law robbery in 2010 and conspiracy to sell a Schedule I controlled substance and two counts of possession with intent to sell or deliver a Schedule I controlled substance in 2017 in the Superior Court of Stanly County. Accordingly, at sentencing, the Court determined that Allen was a Career Offender.
In addition to the term of imprisonment, United States District Judge Catherine C. Eagles ordered Allen to serve four years of supervised release and to pay a $100 special assessment to the United States.
Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina, made the announcement. The case was investigated by Homeland Security Investigations along with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albemarle Police Department, the North Carolina State Bureau of Investigation, and the Stanly County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Craig M. Principe.
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Springfield Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Springfield man pleaded guilty in federal court in Springfield today to child pornography offenses.
Ross Lopata, 33, pleaded guilty today to four counts of receipt of child pornography and one count of possession of child pornography. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 12, 2021. Lopata was indicted in June 2020 and has been in custody since his arrest on June 11, 2020.
Lopata received and possessed child pornography on various dates between Dec. 17, 2018 and June 11, 2020 by downloading image and video files from the internet that depicted prepubescent children engaged in sex acts.
Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Southern California Man Faces Federal Charge for Stealing Endangered Ring-Tailed Lemur from San Francisco ZooRead the Press Release
SAN FRANCISCO - Cory John McGilloway appeared in federal court today and was arraigned on an information charging him with a violation of the Endangered Species Act, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation, Special Agent in Charge Craig D. Fair.
According to the affidavit supporting the information’s warrant, McGilloway, 31 and residing in Los Angeles, is alleged to have entered the San Francisco Zoo on the night of October 13, 2020, and stolen one of the zoo’s four ring-tailed lemurs. The stolen lemur was named “Maki” and was 21 years old at the time.
The affidavit states that on October 15, two days after the theft, a woman reported to the San Francisco Police Department that she had video-recorded a man on Treasure Island the day before walking a lemur on a leash. The video captured images of the lemur and of the man, who had distinctive tattoos and is believed to be McGilloway. The man walked the lemur to a maroon car, according to the allegations, which was identified as a Saab.
Around 5 p.m. on October 15, the affidavit states, a 5-year-old boy spotted the unattended animal at a Daly City playground. Authorities were able to catch and return Maki to the zoo. Maki was hungry, dehydrated, and agitated, according to the affidavit.
McGilloway was arrested in San Rafael shortly before midnight on October 15, the affidavit describes, when police responded to a shoplifting report at the Smart & Final store and found McGilloway driving a stolen sanitary dump truck. The affidavit states that a maroon Saab was parked nearby.
Ring-tailed lemurs (Lemur catta) are native to Madagascar, are listed as an endangered species, and are deemed endangered “wherever found,” under federal regulation 50 C.F.R. § 17.11(h). The charging information contains the photograph of Maki above.
McGilloway is charged in the information with one count of violating the Endangered Species Act, 16 U.S.C. §§ 1538(a)(1)(B) and 1540(b)(1). If convicted, McGilloway faces a maximum sentence of one year in jail and a fine of up to $50,000. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An information merely alleges that crimes have been committed, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
McGilloway appeared in federal court today before United States Magistrate Judge Jacqueline Scott Corley. McGilloway is currently in custody in Los Angeles, though he is released on bond in the present federal charge. McGilloway’s next scheduled appearance is at 11:00 a.m. on July 22, 2021, for status hearing before United States Magistrate Judge Jacqueline Scott Corley.
Joseph Tartakovsky is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Rebecca Shelton. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the San Francisco Police Department.
Snellville man arrested for fraudulently obtaining U.S. citizenshipRead the Press Release
ATLANTA – Mezemr Abebe Belayneh has been arraigned on criminal charges related to his alleged lies to obtain U.S. citizenship. The defendant allegedly concealed his involvement in the late 1970s Red Terror period in Ethiopia, where he served as a civilian interrogator at a makeshift prison.
“The laws of the United States are designed to provide refuge for the victims of human rights violation and to exclude those who commit them,” said Acting U.S. Attorney Kurt R. Erskine. “The defendant’s alleged lies through his immigration and naturalization process subverted this system. We commend our law enforcement partners at the Department of Homeland Security and the dedicated team at the Department of Justice who work tirelessly to assure that individuals such as the defendant do not have a safe haven in our communities.”
“Human rights violators have no home in the United States,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “No matter how much time has passed, the Department of Justice will find and prosecute individuals who committed atrocities in their home countries and covered them up to gain entry to the United States.”
“Abebe’s lies and horrible past deeds have thankfully come back to haunt him. Now he will be held accountable,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Thanks to some great work from the agents and officers involved in this case as well as our law enforcement partners, justice will be served.”
According to Acting U.S. Attorney Erskine, the indictment, and other information presented in court: Mezemr Abebe Belayneh served as a civilian interrogator at a makeshift prison in Dilla, Ethiopia, during a period in the late 1970s known as the Red Terror. At the prison, Abebe ordered and participated in the severe physical abuse and interrogation of prisoners held on the basis of their political beliefs.
The indictment alleges that Abebe unlawfully procured U.S. citizenship, to which he was not entitled, by concealing his involvement in the Red Terror when he falsely claimed that he had not persecuted anyone because of their political opinions and had never committed a crime for which he had not been arrested.
Mezemr Abebe Belayneh, 65, of Snellville, Georgia, was indicted by a federal grand jury on May 26, 2021 and is charged with two counts of unlawful procurement of naturalization. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial. A conviction would also result in automatic revocation of Abebe’s U.S. citizenship.
This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and coordination in the case was provided by the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate, and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation, and the use or recruitment of child soldiers.
Assistant U.S. Attorney Jessica Morris of the Northern District of Georgia, and Trial Attorneys Jamie Perry and Patrick Jasperse of the Justice Department’s Human Rights and Special Prosecutions Section (HRSP) are prosecuting the case, with assistance from HRSP Senior Historian Dr. Christopher Hayden.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE (1-866-347-2423) or its online tip form at www.ice.gov/tips.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Roxbury Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
BOSTON – A Roxbury man, who was previously convicted of cocaine distribution, was sentenced today for illegal possession of a semiautomatic pistol and ammunition.
Daiquan Lucas, 28, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 18 months in prison and three years of supervised release. On Jan. 22, 2021, Lucas pleaded guilty to being a felon in possession of a firearm and ammunition.
On June 18, 2020, Lucas possessed a Bryco Arms model 38, .32 auto caliber semiautomatic pistol, loaded with four rounds of .32 caliber ammunition. Due to a 2017 conviction in federal court of distribution of cocaine base, Lucas is prohibited from possessing firearms and ammunition. Lucas was on federal supervised release at the time of this offense.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Acting Commissioner Gregory Long made the announcement today. Assistant U.S. Attorney John Dawley of Mendell’s Organized Crime and Gang Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Registered sex offender sentenced to 10 years in prison for possession of images of child rape and abuseRead the Press Release
Seattle – A registered sex offender, originally from Arkansas, was sentenced today in U.S. District Court in Seattle to 10 years in prison, announced Acting U.S. Attorney Tessa M. Gorman. Johnathon R. Umphlett, 31, of Arkansas, pleaded guilty in October 2020 to possession of child pornography. At today’s sentencing hearing U.S. District Judge John C. Coughenour imposed lifetime supervised release to follow prison, noting Umphlett’s history of molesting children.
According to records filed in the case, Umphlett was contacted by Seattle Police in June 2019, when a witness at a restaurant reported Umphlett was viewing what appeared to be child pornography on his smart phone. Umphlett provided his phone to the Seattle Police Detective for review, and the detective verified a number of images of children engaged in sexually explicit conduct. Forensic analysis of the phone revealed 68 files of images of child rape and abuse. Umphlett has a 2014 conviction in Arkansas for sexually assaulting a seven-year-old boy. He admits to a history of sexual abuse of children including molesting a 6-year-old child in a public restroom at a church.
In asking for the 10-year sentence prosecutors wrote to the court “Those who collect and share images and videos of children being raped and tortured further a market that thrives on the sexual abuse of children. The collection of this material drives demand for new material and normalize horrific acts of sexual exploitation. And it subjects victims of child abuse to perpetual re-victimization, knowing that the digital record of their worst moments forever travels the globe to satisfy the sexual appetite of child predators.”
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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
The Internet Crimes against Children Task Force led by the Seattle Police Department and Homeland Security Investigations investigated the case.
The case was prosecuted by Assistant United States Attorney Cecelia Gregson.
Postal Employee Charged with Stealing More Than $4,000 from MailRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that an indictment was unsealed today charging Sa’Shanna Estell, 26, of Cleveland, Ohio, with theft of mail by a postal employee.
According to the indictment, between July and September of 2020, the Defendant, a United States Postal Services mail processing associate, knowingly removed from and stole from the mail a $3,870 cashier’s check, eight gift cards totaling approximately $330, an Apple iPad, a smartwatch, a pair of Reebok shoes, other clothing, two packages of THC edibles and $76 in cash.
In total, Estell is estimated to have stolen $4,594.67.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal records, if any, the Defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This investigation was conducted by the Cleveland Resident Office of the U.S. Postal Service Office of Inspector General. This case is being prosecuted by Assistant United States Attorney Andrea Isabella.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Pittsfield Man Sentenced for Marijuana and Tax OffensesRead the Press Release
BOSTON – A Pittsfield man was sentenced today in federal court in Springfield for marijuana and tax offenses.
Jacob Sweener, 31, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three years of supervised release, with the first six months served in home confinement. Sweener was also ordered to pay a fine of $30,000 and restitution of $90,344. On March 19, 2021, Sweener pleaded guilty to one count of conspiracy to distribute marijuana, one count of possession with intent to distribute marijuana and two counts of filing a false tax return.
From 2013 to January 2017, Sweener conspired with others to distribute marijuana. A search of Sweener’s residence on Jan. 10, 2017, resulted in the seizure of 41 pounds of marijuana and over $69,000 in cash. Sweener also filed false income tax returns for tax years 2014 and 2015 by substantially underreporting his income by more than $300,000 and failing to pay more than $90,000 that he owed in federal income taxes.
Acting United States Attorney Nathaniel R. Mendell; Acting Assistant Attorney General David A. Hubbert of the Department of Justice’s Tax Division; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office and Trial Attorney Christopher O’Donnell of the Justice Department’s Tax Division prosecuted the case.
Pine Ridge Man Found Not Guilty of Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge man was acquitted of two counts of Sexual Abuse and two counts of Sexual Abuse of a Minor following a federal jury trial in Rapid City, South Dakota, on June 11, 2021.
Leon Janis, age 37, was indicted by a federal grand jury on May 21, 2019.
The investigation was conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety.
Pendleton County mail carrier sentenced for attempted election fraudRead the Press Release
ELKINS, WEST VIRGINIA – Thomas Cooper, a mail carrier in Pendleton County, was sentenced today to five years of probation, with the first six months home confinement, for attempted election fraud, Acting U.S. Attorney Randolph J. Bernard announced.
Cooper, age 48, of Dry Fork, West Virginia, pled guilty in July 2020 to one count of “Attempt to Defraud the Residents of West Virginia of a Fair Election” and one count of “Injury to the Mail.” Cooper held a U.S. Postal Service contract to deliver mail in Pendleton County. In April 2020, the Clerk of Pendleton County received “2020 Primary Election COVID-19 Mail-In Absentee Request" forms from eight voters on which the voter's party-ballot request appeared to have been altered.
The clerk reported the finding to the West Virginia Secretary of State’s office, which began an investigation. The investigation found five ballot requests that had been altered from “Democrat” to “Republican.” On three other requests, the party wasn’t changed, but the request had been altered.
Cooper was responsible for the mail delivery of the three towns from which the tampered requests were mailed: Onego, Riverton, and Franklin, West Virginia. Cooper admitted today to altering some of the requests.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The West Virginia Secretary of State’s Office, the West Virginia Attorney General’s Office, and the U.S. Postal Service Office of Inspector General investigated.
U.S. District Judge Thomas S. Kleeh presided.
Pair Plead Guilty to Kickback SchemeRead the Press Release
ABINGDON, Va. – A Miami, Florida man pleaded guilty last week to conspiring with a Bristol, Tennessee man to pay and receive kickbacks.
According to court documents, Michael Olshavsky, 51, of Miami, Florida, and John Paul Linke, 57, of Bristol, Tenn., conspired to receive and pay kickbacks to encourage urine drug screen testing performed by a lab in Florida. Some of the testing referred to the lab was paid for by Medicare, Virginia Medicaid, and TennCare.
Between November 30, 2015, and May 30, 2016, Linke was employed at an office-based opioid treatment program that used medication-assisted treatment for patients suffering from substance use disorder. In exchange for being paid $5,000 per month, Linke arranged for the clinic to send urine drug screen samples to the laboratory in Florida where Olshavasky worked. These payments were disguised as commissions paid to Linke as an “independent sales representative” for Olshavsky’s company, Encore Holdings LLC. Olshavasky paid Linke at least $16,000 through Encore Holdings to direct WRC’s drug screening business to the Florida lab, although Linke was not actually an independent sales representative for Encore, and he did not act as such.
“This prosecution demonstrates our commitment to protect the integrity of the health care system and hold individuals accountable who seek to fraudulently obtain critical Medicare and Medicaid funds,” Acting U.S. Attorney Bubar stated. “We will continue to investigate and prosecute healthcare providers who attempt to divert these funds for their own use. I am grateful for the continued partnership of the Virginia Attorney General’s Office and our other federal and state partners, whose hard work brought these providers to justice.”
“Healthcare providers who act fraudulently are not only stealing from our healthcare system but they are also stealing from taxpayers and they must be held accountable,” said Attorney General Herring. “I want to thank our local, state, and federal partners who worked alongside my Medicaid Fraud Control Unit to bring this case to justice and I look forward to our continued partnership on other important cases.”
“Those who seek to profit off the opioid crisis through illegal schemes make the problem worse,” said Special Agent in Charge Mark S. McCormack, FDA Office of Criminal Investigations Metro Washington Field Office. “We will continue to investigate and bring to justice those who, through their dishonesty, jeopardize the public health.”
Olshavsky pleaded guilty last week to one count of conspiring to pay and receive kickbacks. He will be sentenced on September 17, 2021 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines. Linke pleaded guilty recently to one count of conspiring to pay and receive kickbacks. He will be sentenced on September 16, 2021 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines.
The Virginia Medicaid Fraud Control Unit, the Drug Enforcement Administration, the Food and Drug Administration, the Department of Health and Human Services—Office of Inspector General, the Tennessee Bureau of Investigation, and the Virginia State Police are investigating the case.
Special Assistant United States Attorney Janine M. Myatt and Assistant United States Attorneys Randy Ramseyer and Whit Pierce are prosecuting the case.
Oklahoma City Doctor Pays $325,000 to Settle Civil Penalty ClaimsRead the Press Release
OKLAHOMA CITY - Albert T. Nguyen, M.D., of Oklahoma City, paid $325,000 to settle civil penalty claims stemming from allegations that he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced Acting U.S. Attorney Robert J. Troester.
Dr. Nguyen is the owner and sole physician at the Budget Medical Clinic in Oklahoma City. The United States alleges that from approximately November 2016 to May 2017, Dr. Nguyen operated two clinic locations in Oklahoma City. When Dr. Nguyen was seeing patients at one location, he routinely left pre-signed, blank prescriptions at the other location, which non-physician practitioners used to issue prescriptions to patients for controlled substances that they did not have the authority to prescribe. The United States further alleges that the prescriptions were not issued in the usual course of professional practice. The United States alleged that Dr. Nguyen’s conduct violated the requirements contained in the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations.
To resolve these allegations, Dr. Nguyen agreed to pay $325,000 to the United States.
In reaching this settlement, Dr. Nguyen did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration Office of Diversion Control, with assistance from the Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.
Ohio Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – An Ohio man pleaded guilty today to a federal drug crime.
According to court documents, on June 12, 2019, law enforcement officers executed search warrants at locations on 26th and 27th Streets in Huntington pursuant to a shooting investigation. Inside the 26th Street residence officers located Jacob Benjamin Loper, 20, a baggie of 7.9 grams of heroin as confirmed by the DEA Laboratory and digital scales. Loper admitted that his fingerprints would be on the baggie of heroin and that he had possessed it at the 27th Street residence.
Loper pleaded guilty to possession with intent to distribute heroin and he faces up to 20 years in prison when sentenced on September 20, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Ryan A. Keefe and Stephanie S. Taylor are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00106.
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Newburyport Physician Agrees to Resolve Allegations of Illegal Prescribing of Opioid Controlled SubstancesRead the Press Release
BOSTON – A Newburyport physician has agreed to resolve allegations that he improperly prescribed opioid controlled substances outside the usual course of his professional practice.
Guido Navarra, M.D., an internist practicing in Newburyport, has agreed to pay $12,500 to resolve allegations that he violated the civil remedies provisions of the Controlled Substances Act.
“Preventing the illegal prescription of drugs is essential to patient safety, particularly during an opioid epidemic,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement is an example of how our office and the DEA work to ensure that doctors prescribe dangerous medications only when legally authorized to do so. We appreciate Dr. Navarra’s cooperation in the government’s investigation and swift resolution of the claims against him.”
“The DEA is committed to ensuring that all registrants are in compliance with the required regulations, which are enforceable through the Controlled Substances Act,” said Special Agent in Charge Brian D. Boyle of the Drug Enforcement Administration, Boston Division. “Failure to do so increases the potential for diversion and jeopardizes public health and public safety. DEA pledges to work with our law enforcement and regulatory partners to ensure these rules and regulations are followed.”
According to the settlement agreement, on two occasions, Dr. Navarra prescribed opioid controlled substances to patients outside the course of his professional practice. In one instance, a urine drug screen had revealed that the patient was taking controlled substances that Dr. Navarra had not prescribed. Dr. Navarra continued to prescribe controlled substances to this patient despite the patient’s positive test result, a basis for discharge from his practice.
In another instance, a patient requested an early refill of a prescription for a controlled substance based on the patient’s assertion that police officers had seized the prescribed medication from her home. Dr. Navarra continued to prescribe controlled substances to this patient for several more months despite the patient’s inability to substantiate the assertion. A urine drug test ultimately revealed this patient’s use of illicit drugs. In both instances, Dr. Navarra prescribed opioid controlled substances outside the usual course of his professional practice.
Acting U.S. Attorney Mendell and DEA SAC Boyle made the announcement today. Assistant U.S. Attorney Evan Panich of Mendell’s Affirmative Civil Enforcement Unit handled the case.
New Orleans Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – JEFFERY HOLMES, age 45, of New Orleans, Louisiana, pleaded guilty on June 16, 2021 before the Honorable Sarah S. Vance to charges of violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, HOLMES conspired to possess with the intent to distribute and to distribute a quantity of a mixture or substance containing a detectable amount of heroin. HOLMES admitted to being captured on recorded calls as part of a lengthy Title III wire intercept.
Sentencing is scheduled for October 27, 2021. HOLMES faces a penalty of up to 20 years in prison, a fine of up to $1,000,000, at least three years of supervised release following any term of imprisonment, and a $100 special assessment.
This case was investigated by Special Agents of the Federal Bureau of Investigation (FBI). The prosecution is being handled by Assistant United States Attorney David Haller.
Naturalized U.S. Citizen from Ethiopia Arrested on Charge of Fraudulently Obtaining CitizenshipRead the Press Release
A Georgia man has been arrested on criminal charges related to allegations that he lied to obtain U.S. citizenship.
According to the indictment, which was unsealed following the arrest, Mezemr Abebe Belayneh, 65, of Snellville, served as a civilian interrogator at a makeshift prison in Dilla, Ethiopia, during a period in the late 1970s known as the Red Terror. At the prison, Abebe ordered and participated in the severe physical abuse and interrogation of prisoners held on the basis of their political beliefs. The indictment alleges that Abebe unlawfully procured U.S. citizenship, to which he was not entitled, by concealing his involvement in the Red Terror when he falsely claimed that he had not persecuted anyone because of their political opinions and had never committed a crime for which he had not been arrested.
“Human rights violators have no home in the United States,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “No matter how much time has passed, the Department of Justice will find and prosecute individuals who committed atrocities in their home countries and covered them up to gain entry to the United States.”
“The laws of the United States are designed to provide refuge for the victims of human rights violation and to exclude those who commit them,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “The defendant’s alleged lies through his immigration and naturalization process subverted this system. We commend our law enforcement partners at the Department of Homeland Security and the dedicated team at the Department of Justice who work tirelessly to assure that individuals such as the defendant do not have a safe haven in our communities.”
“Abebe’s lies and horrible past deeds have thankfully come back to haunt him,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Now he will be held accountable. Thanks to some great work from the agents and officers involved in this case as well as our law enforcement partners, justice will be served.”
Abebe is charged with two counts of unlawful procurement of naturalization. The maximum sentence for each count is 10 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A conviction would also result in automatic revocation of Abebe’s U.S. citizenship.
Homeland Security Investigations’ Atlanta Field Office is investigating the case, and coordination was provided by the Human Rights Violators and War Crimes Center (HRVWCC). Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation, and the use or recruitment of child soldiers.
Trial Attorneys Jamie Perry and Patrick Jasperse of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jessica Morris of the U.S. Attorney’s Office for the Northern District of Georgia are prosecuting the case, with assistance from HRSP Senior Historian Dr. Christopher Hayden.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the HSI tip line at 1-866-DHS-2-ICE (1-866-347-2423) or its online tip form at www.ice.gov/tips.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Monongalia County man sentenced for firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Joshua Lee Grapes, of Pursglove, West Virginia, was sentenced today to 25 months of incarceration for firearms charge, Acting U.S. Attorney Randolph J. Bernard announced.
Grapes, 40, plead guilty in February 2021 to one count of “Unlawful Possession of a Firearm.” Grapes, who is prohibited from having a firearm because of prior convictions, admitted to having a .45 caliber pistol in July 2020 in Grant County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Grant County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Medical Clinic Operators, Doctor, and a Patient Recruiter Charged in a $6.6 Million Illegal Opioid Distribution ConspiracyRead the Press Release
DETROIT - An indictment was unsealed today charging the owner and operators of a medical clinic, a doctor, a patient recruiter, and two clinic employees with conspiracy to illegally distribute prescription drugs, and other opioid-related charges, Acting U.S. Attorney Saima Mohsin announced today.
Mohsin was joined in the announcement by Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Detroit Division, and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office.
Charged in the indictment are:
Janeice Minique Burrell, 36, of Macomb;
Angelo Martese Smith, 44, of Macomb;
Dr. Lawrence Mark Sherman, 72, of Shelby Township;
Peter Burrell, Jr., 52, of West Bloomfield;
Akeyla Bell, 38, of Saint Clair Shores; and
Carmen Gilbreth, 36, of Detroit.
The indictment alleges that from March 2020 through June 2021, the clinic owner, operator, and a doctor conspired with the other defendants to issue and dispense a large number of prescription opioids for supposed “patients” who did not have a legitimate medical need for the drugs. Janeice Minique Burrell owned Tranquility Wellness Center, Inc. (“TWC”), and she and Angelo Martese Smith operated TWC first in Dearborn and currently in Saint Clair Shores, Michigan.
Out of that clinic, Dr. Sherman primarily prescribed Oxycodone and Oxymorphone, two of the most addictive opioids that have high street value. Janeice Burrell and Smith accepted only cash at TWC, and charged patients not based on the service provided, but instead based on the quantity, type, and dosage of prescription opioids that the “patient” received. Janeice Burrell, Smith, and their employees Akeyla Bell and Carmen Gilbreth also charged cash for the creation of fraudulent medical records for the supposed “patients.” Janeice Burrell and Smith paid Dr. Sherman in cash or peer-to-peer money transfer application per controlled substance prescription he authorized.
Peter Burrell, Jr. was one of the patient recruiters/marketers who brought supposed “patients” to TWC to receive unlawful prescriptions from Dr. Sherman. Peter Burrell, Jr. would then fill the prescriptions and sell the prescriptions on the street at a significant profit.
Janeice Burrell, Smith, and Dr. Sherman also are charged with 14 counts of distributing Oxycodone and Oxymorphone pills.
According to the indictment, Dr. Sherman issued more than 441,000 dosage units of Schedule II opioid prescriptions during the course of the conspiracy. These controlled substances had a conservative street value in excess of $6.6 million.
While most of the unlawful controlled substance prescriptions were paid for in cash, both controlled and non-controlled “maintenance” medications were billed to health care benefit programs by pharmacies. Billings to the Medicare and Medicaid programs for medically unnecessary prescription drug medications and maintenance medications during this conspiracy exceeded $85,000
“This indictment shows our continued commitment to investigate and charge those who fuel the opioid crisis in this state,” said Acting US Attorney Mohsin. “This case is particularly troubling in that it involves greedy medical professionals who profited from prescribing and dispensing medically unnecessary drugs to individuals without regard to medical necessity.”
“The diversion of prescription pills into our communities perpetuates the current opioid crisis,” said Timothy Waters, Special Agent in Charge of the FBI’s Detroit Division. “The FBI and its federal partners will continue to target doctors, pharmacists, and the networks that are fueling the epidemic by holding them accountable for their dangerous criminal behavior.”
“Dispensing prescription opioids to individuals who do not have a legitimate medical need is illegal and puts those individuals and others health and safety at risk,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG continues to work diligently with our law enforcement and prosecutorial partners to identify those who choose to violate the law and exacerbate the opioid epidemic.”
This case is being prosecuted by Assistant United States Attorneys Andrew J. Lievense and Alison Furtaw. The Eastern District of Michigan is one of the twelve districts included in the Opioid Fraud Abuse and Detection Unit, a Department of Justice initiative that uses data to target and prosecute individuals that are contributing to the nation’s opioid crisis.
The case was investigated by special agents and task force officers of the Federal Bureau of Investigation and the Department of Health and Human Services-Office of the Inspector General.
An indictment is only a charge and is not evidence of guilt. Each defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Martin Woman Indicted for Meth Trafficking and Firearm OffenseRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Martin, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person.
Carly Shott, age 23, was indicted on September 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 17, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of a firearm. Restitution may also be ordered.
The Indictment alleges that between 2018 and 2019, Shott knowingly and intentionally conspired with others to distribute 50 grams or more of methamphetamine in South Dakota. Further, on August 30, 2019, Shott possessed a handgun at a hotel in Eagle Butte, South Dakota, while being a user of methamphetamine.
The charges are merely accusations and Shott is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Shott was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Man Convicted of Abusive Sexual Conduct Aboard an Airplane Sentenced to Statutory Maximum Federal Prison TermRead the Press Release
COLUMBIA, SC – Acting U.S. Attorney for the District of South Carolina M. Rhett DeHart, Acting U.S. Attorney for the Western District of North Carolina William T. Stetzer and FBI Special Agent in Charge Robert R. Wells announced that Siva K. Durbesula, 29, of India, who was convicted by jury of abusive sexual contact aboard an airplane, was sentenced to the statutory maximum federal prison term of two years for the offense.
According to filed court documents, witness testimony, and evidence presented at trial, on June 23, 2019, Durbesula was a passenger aboard a flight from Chicago O’Hare to Myrtle Beach. Over the course of the flight, Durbesula sexually assaulted a 22-year-old female who was seated next to him. As the victim testified at trial, Durbesula pulled her toward him and groped her repeatedly midflight. Court records show that after the flight crew moved Durbesula away from the victim, Durbesula asked to return to his previous seat so he could speak to the victim again.
During trial, prosecutors also presented the testimony of a second victim, who testified that on March 21, 2019 – approximately three months prior to the assault on the airplane – Durbesula pinned her into the corner on a New York City subway train and groped her. The victim was able to video record Durbesula’s exiting the train, which assisted the New York Police Department to identify Durbesula and charge him. Those charges were still pending when Durbesula sexually assaulted the victim on the airplane that resulted in federal charges.
The case was originally indicted in the District of South Carolina and was later transferred to the Western District of North Carolina. In handing out the statutory maximum prison term for the offense, Chief U.S. District Judge Martin Reidinger noted that Durbesula’s repeated sexual misconduct over a short period of time required the maximum statutory punishment to promote respect for the law. In addition to the prison term imposed, Judge Reidinger ordered Durbesula to serve 10 years of supervised release and to pay a $5,000 assessment.
Durbesula is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making the announcement, Acting U.S. Attorneys DeHart and Stetzer commended the FBI and the Horry County Police Department for their investigation of the case and thanked Homeland Security Investigations (HSI) for their invaluable assistance.
Assistant U.S. Attorneys Derek A. Shoemake of the District of South Carolina and Don Gast of the Western District of North Carolina prosecuted the case.
Local Man Sentenced to 12 Years for Armed Carjacking and Brandishing a Firearm in a Crime of ViolenceRead the Press Release
Memphis, TN – Courtney Freeman, 31, a/k/a Quatney Freeman has been sentenced to 154 months in federal prison for armed carjacking and brandishing a firearm during a crime of violence. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, on September 25, 2018, Freeman approached a man sitting in a 2011 GMC Acadia at the Jubilee Express gas station on North Watkins. When Freeman tapped on the glass, the victim rolled the window down; Freeman then pointed a handgun at him and said, "Get out the car or I’ll blow you away." He immediately exited the car and Freeman entered the vehicle and drove away.
The victim ran to his home a few blocks away, called law enforcement, and reported his car stolen. Police responded and he informed them that his cell phone, wallet with credit cards, social security card, $260 in cash and a Ruger .380 pistol were all in the car at the time. Law enforcement later recovered security camera footage from the store, which confirmed the victim’s description. The victim identified Freeman to law enforcement as the person who carjacked him. Officers put out a stolen vehicle report.
The next day, September 26, 2018, Memphis Police found the stolen car on St. Charles Street. The vehicle was then towed and processed by a crime scene officer. Investigators found 7 pieces of paper with ridge detail, which were then forwarded to latent print examiners, who determined some of the prints belonged to Courtney Freeman.
Agents with the National Insurance Crime Bureau examined the VIN of the 2011 GMC Acadia and concluded the vehicle was manufactured outside the state of Tennessee.
The defendant pled guilty on September 1, 2020.
On June 15, 2021, U.S. District Judge Mark S. Norris sentenced Freeman to 154 months in federal prison to be followed by three years’ supervised release. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), National Crime Insurance Bureau and the Memphis Police Department.
U.S. Attorneys Raney Irwin and J. William Crow prosecuted this case on behalf of the government.
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Lee County Woman Pleads Guilty to Nearly $700,000 Unemployment Fraud SchemeRead the Press Release
ABINGDON, Va. – A Lee County woman pleaded guilty today to conspiring to defraud the government of more than $699,124 in pandemic-related unemployment funds, mail fraud, and aggravated identity theft.
According to court documents, Farren Ricketts, 30, and others conspired to file fraudulent claims for pandemic unemployment benefits through the Virginia Employment Commission (VEC) website. The scheme involved Ricketts filing claims for various individuals, including her husband and others known to be ineligible to receive pandemic employment benefits.
To further the conspiracy, Ricketts developed a business entity called “Ricketts Advisory, LLC,” registered with the State Corporation Commission, and advertised as a financial services company providing assistance filing pandemic unemployment claims.
Between May 2020 and February 2021, Ricketts filed more than 100 fraudulent claims for pandemic unemployment benefits. For many of these filings, Ricketts created fraudulent documents to support the claims, including fraudulent IRS forms to purport pre-pandemic income.
In addition, Ricketts filed numerous claims in the names of prison inmates who were unaware that Ricketts was using their personally identifiable information.
“Defrauding the federal government of critical funds designed to assist those in need is unconscionable, particularly during a worldwide pandemic. It is also a federal crime with serious consequences,” Acting U.S. Attorney Bubar stated today. “Along with our partners at the Department of Labor and IRS, we will continue to investigate and prosecute anyone who stole from these vital programs and bring them to justice.”
“Farren Rickets engaged in a scheme to defraud the Pandemic Unemployment Assistance program by submitting fraudulent claims for benefits for herself and others. This scheme resulted in a loss to the government of more than $669,000. Unemployment insurance programs exists to provide needed assistance to qualified individuals who are unemployed or underemployed due to no fault of their own. Fraud against these programs causes state workforce agencies, like the Virginia Employment Commission, to redirect valuable resources to address fraud in order to ensure benefits go to individuals who are eligible to receive them. The U.S. Department of Labor Office of Inspector General will continue to work closely with the U.S. Attorney’s Office, the Virginia Employment Commission, and our many law enforcement partners to investigate those who exploit the unemployment insurance program,” stated Syreeta Scott, Acting Special Agent-in-Charge of the Philadelphia Region, U.S. Department of Labor Office of Inspector General
“Thieves fraudulently taking advantage of pandemic unemployment assistance is disgraceful. We will continue working with our law enforcement partners in an effort to hold those accountable who stole funds meant to help those in need,” said Darrell J. Waldon, Acting Special Agent in Charge of the IRS-CI Washington DC Field Office.
Ricketts pleaded guilty today to one count of conspiracy to defraud the United States, one count of mail fraud, and one count of aggravated identity theft. She is scheduled to be sentenced on October 29, 2021. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Department of Labor Office of the Inspector General, the Internal Revenue Service – Criminal Investigation, are investigating the case.
Assistant U.S. Attorney Daniel J. Murphy is prosecuting the case.
Leader of St. Louis County drug trafficking organization pleads guiltyRead the Press Release
ST. LOUIS – Ronald ‘Big Stink’ Gales, 54, of St. Louis, Missouri, pleaded guilty to conspiracy to distribute cocaine and cocaine base, possession with intent to distribute cocaine and cocaine base, and being a felon in possession of a firearm. Gales appeared today before United States District Court Judge John A. Ross.
Beginning in 2018, investigators with the Federal Bureau of Investigation and St. Louis County Police Department began an investigation into Gales, who was the principal supplier of a drug trafficking organization supplying cocaine to other distributors operating in the St. Louis area.
During the course of the investigation, law enforcement executed search warrants at various residences of individuals supplied by Gales, where they recovered distributable amounts of cocaine and cocaine base. Investigators also conducted controlled purchases of cocaine from Gales and conducted surveillance of Gales’ operations before ultimately executing a federal search warrant at Gales’ residence in October of 2019. Investigators found two .40 caliber handguns, $46,000 in cash, and drug trafficking paraphernalia, as well as distribution quantities of cocaine and cocaine base.
Judge Ross has set sentencing for September 28, 2021. Gales faces a minimum term of imprisonment of ten years and a maximum term of life in the Bureau of Prisons.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The Federal Bureau of Investigation and St. Louis County Police Department investigated the case, and Assistant United States Attorney Lisa Yemm is handling the case for the United States Attorney’s Office.
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Leader of Pittsburgh Heroin Trafficking Organization Pleads Guilty, Faces 10 Years to Life at SentencingRead the Press Release
PITTSBURGH - A Pittsburgh resident pleaded guilty in federal court to violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
Trevon Kendrick, 28, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin from September of 2018 through October of 2019, before United States District Judge William S. Stickman, IV. In addition, Kendrick accepted responsibility for possessing firearms in conjunction with his heroin trafficking. Kendrick is one of 19 defendants charged in the Indictment returned in this case.
In connection with the guilty plea, the court was advised that in 2018, the Federal Bureau of Investigation began investigating a heroin trafficking organization lead by Kendrick that operated throughout the greater Pittsburgh area. Beginning in February of 2019 and continuing through September of 2019, the FBI received authorization to conduct a Title III wiretap investigation into the organization. Kendrick, as the leader of this multi-member drug trafficking organization, was intercepted orchestrating and directing the movement of heroin from Philadelphia to Pittsburgh for distribution throughout Pittsburgh by various members of the organization. In addition to the intercepted communications, agents seized heroin, firearms, and bulk United States Currency from members of the organization, including Kendrick.
Judge Stickman scheduled sentencing for Nov. 1, 2021. The law provides for a total sentence of not less than 10 years to a maximum of life imprisonment, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Kendrick remains in custody pending sentencing.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Homeland Security Investigations, the Allegheny County Police Department, the Stowe Township Police Department, the Pittsburgh Bureau of Police, the Office of the Attorney General, the Allegheny County Sheriff's Office, the North Versailles Police Department, the Allegheny County Port Authority Police Department, the Munhall Police Department, and the Pennsylvania State Police conducted the investigation leading to the prosecution of Kendrick.
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.
Kenyan National Pleads Guilty to Fraud Conspiracy Involving Romance ScamsRead the Press Release
BOSTON – A Kenyan national pleaded guilty today in connection with her role in a fraud conspiracy involving romance scams targeting individuals in the United States.
Florence Mwende Musau, 36, a Kenyan national previously residing in Canton, pleaded guilty to conspiracy to commit wire and bank fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Oct. 14, 2021.
On March 25, 2021, Musau and five others were charged in connection with their roles in online scams that are alleged to have collectively defrauded victims of more than $4 million.
According to the charging documents, Musau participated in a series of romance scams designed to defraud victims into sending money to bank accounts controlled by her and others. Romance scams occur when a criminal adopts a fake online identity to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim. To carry out the schemes, Musau used fake passports in the names of numerous aliases to open bank accounts in and around Boston to collect and launder the proceeds of the romance scams. She then executed large cash withdrawals from those accounts, often multiple times on a single day and generally structured in amounts less than $10,000, in an effort to evade detection and currency transaction reporting requirements.
The charge of conspiracy to commit wire and bank fraud provide for a sentence of up to 30 years in prison, five years of supervised release, a fine of up to $1 million or twice the gross gain or loss, whichever is greater, restitution, and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service made the announcement today. Assistant U.S. Attorney Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Kansas Man Indicted for Child PornographyRead the Press Release
WICHITA, KAN. – A federal grand jury indicted Truman Gentry, 25, of Augusta, Kansas, on two counts of Production of Child Pornography, one count of Advertising for Production of Child Pornography and one count of Possession of Child Pornography.
If convicted, Gentry faces 15 to 30 years in prison for each count of Production of Child Pornography, 15 to 30 years in prison for Advertising for Production of Child Pornography and up to 20 years in prison for Possession of Child Pornography.
The investigating agencies include: the United States Attorney’s Office, North Carolina Internet Crimes Against Children, Kansas Internet Crimes Against Children, Homeland Security Investigations, Kansas Bureau of Investigation, the Boone, North Carolina Police Department, Wichita Police Department, Sedgwick County Sheriff’s Office, and the Augusta Department of Public Safety.
Assistant U.S. Attorney Jason Hart is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Kanawha County Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BECKLEY, W.Va. – A Kanawha County man pleaded guilty today to a child pornography charge.
According to the plea agreement and statements made in court, Steven Alfred Bennett, 56, of Montgomery, admitted that in October 2020, he contacted a woman via Craigslist who was allegedly located in Beckley, West Virginia. During those conversations, he arranged to meet the woman in Beckley and to pay $150 to engage in sexual activity with an 11-year-old girl that the woman had stated was her daughter. However, Bennett did not meet at the arranged time after he saw a local news story about a man getting arrested for responding to the same Craigslist ad. A subsequent search of Bennett’s home found computers that contained suspected child pornography, including an image of a prepubescent female he had received via a Skype conversation in 2016.
Bennett pleaded guilty to receipt of child pornography and faces at least 10 years and up to 20 years in prison when he is sentenced on October 18, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Kanawha County Sheriff’s Office and the FBI Child Exploitation and Human Trafficking Task Force.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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-00020.
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Jury Convicts San Antonio Man for COVID-19-Related HoaxRead the Press Release
SAN ANTONIO – A federal jury today convicted 40-year-old Christopher Charles Perez, aka “Christopher Robbins,” with perpetrating a COVID-19-related hoax in April of last year.
Jurors convicted Perez on two counts of 18 U.S.C. § 1038, which criminalizes false information and hoaxes related to biological weapons. Evidence presented during trial revealed that Perez posted two threatening messages on Facebook in which he claimed to have paid someone who was infected with COVID-19 to lick items at grocery stores in the San Antonio area because he was trying to scare people away from visiting the stores. On April 5, 2020, a screenshot of the initial posting was sent by an online tip to the Southwest Texas Fusion Center (SWTFC), which then contacted the FBI office in San Antonio for further investigation. To be clear, the threat was false; Perez did not pay someone to intentionally spread coronavirus at grocery stores, according to investigators and Perez’s own admissions.
“Our community feels safer when we are free from this type of hoax threat. When Perez posted his threats on-line, his hoax posed a very real risk of spreading panic throughout our community at a time when the public was already facing the difficult challenges of a global pandemic. The jury verdict today affirms that hoax threats such as this merit investigation and prosecution,” said U.S. Attorney Ashley C. Hoff.
Perez faces up to five years in federal prison for each count of conviction. Sentencing is scheduled for September 20, 2021, before U.S. District Judge David A. Ezra.
“The verdict in this case sends a clear message that the FBI and our law enforcement partners take threats seriously,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division. “Making threats, even those which are not carried out, poses a significant cost on our community. Law enforcement agencies have limited resources and responding to hoax threats diverts officers and costs taxpayers. Perez’s threats, made during a pandemic, targeting a business making every effort to provide food, medicine and vital necessities to our community, likely added to the fear and confusion during a difficult time.”
The FBI’s Joint Terrorism Task Force, along with Weapons of Mass Destruction personnel, conducted this investigation. Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stephenson are prosecuting the case.
If you think that you or your family are the victims of a scam or attempted fraud involving coronavirus, you can report it without leaving your home. Please contact the National Center for Disaster Fraud Hotline at 866-720-5721 or by email at [email protected]. If it’s a cyber scam, you may also submit your complaint at www.ic3.gov.
Learn more about coronavirus-related frauds, as well as combatting and reporting the hoarding and price gouging of critical supplies, from the Department of Justice: https://www.justice.gov/coronavirus.
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Jury Convicts Nebraska Man of CyberstalkingRead the Press Release
Acting United States Attorney Jan Sharp announced that Dennis Sryniawski, age 48, of Bellevue, Nebraska, was convicted on June 21, 2021 of Cyberstalking after a three-day jury trial. United States District Judge Brian C. Buescher accepted the jury’s verdict, ordered a presentence investigation, and set sentencing for September 22, 2021. Sryniawski faces up to five years in prison.
This was the first Cyberstalking trial in the District of Nebraska. The federal Cyberstalking statute prohibits using an electronic communication service to engage in a course of conduct with the intent to harass, intimidate or cause substantial emotional distress to a person or immediate family members, where the conduct did cause, attempt to cause or reasonably would be expected to cause such persons to experience substantial emotional distress.
The evidence presented at trial showed that Sryniawski sent six emails on two different days in 2018 to a candidate for the Nebraska Legislature. The emails were sent from two different accounts. One email was sent under Sryniawski’s name, but the others were sent under phony names. Sryniawski had previously been married to the candidate’s wife. The initial email contained personal details about the candidate’s wife and accusations concerning the candidate’s stepdaughter, and a later email included explicit photos purportedly of each. The emails asked the candidate to withdraw from the race and conveyed the message that, if he did not, the personal details and explicit photos of his wife and stepdaughter would be released.
This case was investigated by the Federal Bureau of Investigation and the La Vista Police Department.
Judge sentences St. Louis man to seven years for role in armed robberyRead the Press Release
ST. LOUIS – United States District Judge Rodney W. Sippel sentenced Larry Henry to 84 months in prison today. The 29-year-old St. Louis, Missouri resident pleaded guilty to one count of armed robbery and one count of brandishing a firearm in furtherance of that crime of violence.
On January 10, 2020, Henry and two others went inside the Pure Pleasure business located in the 2600 block of North Broadway in St. Louis and announced a robbery. Henry, as well as the two others, displayed firearms to store employees.
While armed, Henry served as a lookout at the store’s entrance while his two accomplices interacted with the store employees by jumping the store’s counter, pointing firearms at the employees, and demanding that an employee place the store’s money inside of a bag. The employee complied. Henry and the two others then fled from the store in a vehicle.
Days later, Henry was caught in the possession of a firearm while driving the same vehicle used to commit the robbery.
The St. Louis Metropolitan Police Department investigated the case.
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Jacquelyn M. Kasulis Appointed Acting United States Attorney for the Eastern District of New YorkRead the Press Release
Jacquelyn M. Kasulis has begun serving as Acting United States Attorney for the Eastern District of New York, as per the Vacancies Reform Act. Ms. Kasulis was sworn in today by Chief Judge Margo K. Brodie, United States District Court Judge for the Eastern District of New York. Ms. Kasulis was also appointed First Assistant U.S. Attorney as per the Vacancies Reform Act and will continue to hold that position as well. Ms. Kasulis has served as the Chief Assistant United States Attorney since March 2021. In that role she has been second-in-command of the U.S. Attorney’s Office and responsible for overseeing the Criminal, Civil, Administrative and Appeals Divisions and the day-to-day operations of the Office, including the Office’s COVID-19 response. Ms. Kasulis succeeds Mark J. Lesko who will soon be appointed Acting Assistant Attorney General for the Department of Justice’s National Security Division.
“I am honored to serve as the Acting U.S. Attorney for the Eastern District of New York. After serving as an Assistant U.S. Attorney for over a decade, and overseeing the work of the Criminal and Civil Divisions, I look forward to leading and supporting the men and women of the Office as they work tirelessly with our law enforcement and agency partners to ensure the safety of our community and pursue the cause of justice,” stated Acting U.S. Attorney Kasulis. “I am especially grateful to the members of the Office for their unwavering commitment to the people of this District and the country during the pandemic, and look forward to assisting the Office as it emerges from the unprecedented challenges of the last year.”
Ms. Kasulis joined the U.S. Attorney’s Office in January 2008 and has served in the General Crimes, Organized Crime, and Business & Securities Fraud Sections. From September 2014 to November 2015, Ms. Kasulis served as Deputy Chief in General Crimes for the Office. She later served as Deputy Chief in the Business & Securities Fraud Section from November 2015 to March 2017 and was appointed Chief of the Business & Securities Fraud Section in March 2017.
Ms. Kasulis began serving as Acting Chief of the Criminal Division in March 2019 and was appointed Chief of the Criminal Division in June 2019. She established and supervised the Office’s Bank Integrity Task Force. She was also selected to be a member of the Department of Justice’s Criminal Chiefs Working Group.
Ms. Kasulis led the Office’s investigation and prosecution of three individuals, including two former Goldman Sachs bankers and a wealthy Malaysian financier, for their participation in a multi-billion dollar money laundering and bribery conspiracy related to 1 Malaysia Development Berhad (lMDB), Malaysia’s investment development fund. In October 2020, Goldman Sachs entered into a three-year deferred prosecution agreement and one of Goldman Sachs’ Malaysian subsidiaries pleaded guilty to a one-count criminal information charging conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act. As part of that resolution, Goldman Sachs admitted to paying over $1.6 billion in bribes to high-ranking Malaysian and Abu Dhabi officials to obtain lucrative business deals, including underwriting three bond deals between 2012 and 2014 that totaled $6.5 billion, of which $2.7 billion was embezzled. Goldman Sachs agreed to pay $2.9 billion in penalties -- with $1.2 billion paid to the United States Treasury -- as part of a global resolution with eight different foreign and domestic authorities. The Goldman Sachs resolution represents the largest penalty ever paid to U.S. authorities in a foreign bribery case; the most civil and criminal authorities to ever coordinate on any corporate resolution; and the most bribes paid in a foreign bribery scheme prosecuted by the United States.
Ms. Kasulis was the lead Assistant U.S. Attorney in United States v. Martin Shkreli, a high-profile six-week trial in the summer of 2017. Shkreli was charged in four interrelated fraud schemes that resulted in over $20 million in losses to investors, including two fraud schemes related to hedge funds he founded and ran and two additional frauds related to a pharmaceutical company Shkreli founded. Shkreli was convicted of three of the four fraud schemes and sentenced to seven years’ imprisonment.
Additionally, Ms. Kasulis led the investigation and prosecution in United States v. Bandfield, et al., in which 10 defendants and six corporations were charged with orchestrating a massive offshore securities fraud, money laundering and tax evasion schemes. As part of that scheme, the defendants laundered approximately $250 million in securities fraud proceeds and were involved in approximately 40 “pump and dump” schemes. The case represents the first criminal prosecution under the Foreign Account Tax Compliance Act (FATCA).
In United States v. Mitchell, et al., Ms. Kasulis participated in the investigation and prosecution of the Executive Chairman of Forcefield Energy, a NASDAQ-listed company, and nine other individuals -- including five registered broker dealers -- for their role in a $131 million market manipulation scheme involving a network of corrupt investors, stock promoters and broker dealers. In United States v. Peister, Ms. Kasulis led the prosecution and conviction of an investment fund manager who defrauded approximately 75 investors by orchestrating a $17 million Ponzi scheme on Long Island.
During her time in the Organized Crime Section, Ms. Kasulis led the prosecution of over 15 Genovese crime family members and associates in United States v. Depiro, et al., including the conviction of three consecutive International Longshoremen’s Association union presidents for their involvement in a 30-year extortion scheme in which longshoremen were extorted at Christmastime every year at the direction of the Genovese crime family. Ms. Kasulis also led the trial team in United States v. Burke, in which the defendant, a Gambino crime family associate, was convicted of racketeering conspiracy, with predicate acts including two murders, and was sentenced to life imprisonment.
Ms. Kasulis graduated from Columbia Law School in 2003 and received her B.A. in History from Davidson College. After graduation, Jackie worked as a litigation associate for four years at Kirkland & Ellis LLP in New York.
Indianapolis man sentenced for making racially motivated threats toward neighborRead the Press Release
INDIANAPOLIS – An Indianapolis man was sentenced today to 46 months in prison and 3 years supervised release for violations of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
Shepherd Hoehn, 51, had previously pleaded guilty to these charges on February 12, 2021. According to court documents and statements made during the hearing, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate, and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located.
“Today, Mr. Hoehn was held responsible for his vile conduct,” said Acting U.S. Attorney John E. Childress. “We are a diverse nation, bound together by shared values and beliefs. We are also a nation of laws. Those like Mr. Hoehn who would betray our shared values and beliefs through behavior such as this rightly suffer the penalties our laws prescribe.”
“Incidents of harassment and intimidation such as this are intended to create fear and this sentence clearly shows targeting someone based on race, sexual identity or religious beliefs will not be tolerated,” said Special Agent in Charge Paul Keenan of the FBI Indianapolis Division. “Crimes motivated by bias will continue to be investigated by the FBI and our law enforcement partners, and perpetrators held responsible for their actions.”
This case was investigated by the Federal Bureau of Investigation, with assistance from the Lawrence Police Department.
Assistant United States Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes. If you believe you have been a victim of a civil rights violation, please visit: https://civilrights.justice.gov/ to file a report. Individuals can also call the U.S. Attorney’s Office Southern District of Indiana Civil Rights Coordinator, Jeffrey D. Preston, at 317-226-6333, or the Department of Justice Civil Rights Division in Washington D.C. at 855-856-1247 (toll free).
Individuals who believe they are the victim of a criminal violation of their civil rights, such as misconduct by law enforcement officers, a hate crime, or human trafficking, should contact their local FBI office.
Indiana Man Sentenced to 46 Months in Prison for Making Racially Motivated Threats Toward Black Neighbor and for Unlawfully Possessing FirearmsRead the Press Release
An Indiana man was sentenced Friday in federal court for making racially motivated threats to intimidate and interfere with his neighbor, who is Black, in violation of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
Shepherd Hoehn, 51, was sentenced by U.S. District Court Judge Jane Magnus-Stinson to 46 months in federal prison and three years of supervised release for these offenses. Hoehn previously pleaded guilty to these charges on Feb. 12, 2021.
According to court documents and statements made during the hearing, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed of a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located.
“Every person in the United States has the right to live in their home free from the threat of violence based on race,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The federal government will not tolerate, and will prosecute to the fullest extent the law allows, the sort of race-based threat that this defendant engaged in. We will continue fighting against racially motivated conduct, too often used to drive people from their homes and their communities.”
“Mr. Hoehn was held responsible for his vile conduct,” said Acting U.S. Attorney John E. Childress of the Southern District of Indiana. “We are a diverse nation, bound together by shared values and beliefs. We are also a nation of laws. Those like Mr. Hoehn who would betray our shared values and beliefs through behavior such as this rightly suffer the penalties our laws prescribe.”
“Incidents of harassment and intimidation such as this are intended to create fear and this sentence clearly shows targeting someone based on race, sexual identity or religious beliefs will not be tolerated,” said Special Agent in Charge Paul Keenan of the FBI Indianapolis Division. “Crimes motivated by bias will continue to be investigated by the FBI and our law enforcement partners, and perpetrators held responsible for their actions.”
This case was investigated by the FBI, with assistance from the Lawrence Police Department. Assistant U.S. Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
Independence Man Sentenced to 10 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man who led police officers on a chase in a stolen car, causing a collision with another vehicle, was sentenced in federal court today for illegally possessing a firearm.
Cameron D. Smith, 25, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years in federal prison without parole.
On Jan. 27, 2021, Smith pleaded guilty to being a felon in possession of a firearm. Cameron admitted that he was in possession of a Hi-Point 9mm semi-automatic handgun on March 21, 2020.
Police officers saw Smith driving a stolen Ford Mustang at the intersection of 23rd Street and Hardesty Avenue on March 21, 2020. Officers followed the vehicle while stop sticks were set up ahead of the vehicle. When officers activated their emergency lights and siren, Smith refused to pull over and instead accelerated away. Smith made a sharp left turn in an effort to avoid the stop sticks, and in doing so, became involved in a collision with another vehicle at Truman Road and Cleveland Avenue.
The Mustang was damaged in the collision but Smith continued the pursuit. Eventually, Smith abandoned the vehicle in the middle of the road and fled on foot. As he got out of the car, officers saw a pistol in his hand. An officer chased Smith on foot, losing sight of him for a moment behind a fence. When the officer made his way around the fence, he saw that Smith had stopped running and was standing with his empty hands in the air. Smith refused to comply with orders to get on the ground, so the officer took Smith to the ground. Smith continued to resist arrest by refusing to place his hands behind his back. More officers arrived and assisted in placing Smith into custody.
Officers searched the area and found the loaded handgun in the area where Smith was arrested.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Smith was on state probation at the time of the federal offense for an armed robbery conviction. Smith also has prior felony convictions for tampering with a motor vehicle and property damage.
This case was prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department.
Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Anthony Tevan Tyner, 24, was sentenced today to 26 months in prison for being a prohibited person in possession of a firearm.
According to court documents, on August 29, 2019, law enforcement officers were conducting an investigation into the purchases of multiple firearms that led them to a Huntington address where Tyner lived. Tyner admitted to law enforcement that he was a daily user of marijuana. Tyner also admitted that in a nearby vehicle he had in his possession a loaded I.O. Inc. model 10-15, multi-caliber rifle.
Acting United States Attorney Lisa G. Johnston commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Violent Crime and Drug Task Force.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00259.
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Hartford Man Sentenced to Federal Prison for Gang-Related Drug SalesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JOSHUA JENKINS, 28, of Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 21 months of imprisonment, followed by three years of supervised release, for distributing fentanyl and crack cocaine.
According to court documents and statements made in court, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. Investigators determined that a significant amount of the gun violence was committed by members of two groups, the DUMOUTS and the Hoodstars.
Between July and September 2019, investigators made three controlled purchases of fentanyl, followed by three controlled purchases of fentanyl and crack, from Jenkins. It is alleged that Jenkins has been a member of the DUMOUTS.
Jenkins was arrested on September 13, 2019. On July 9, 2020, he pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl and cocaine base (“crack”).
Jenkins has been detained since January 25, 2021, after he violated the conditions of his release and his bond was revoked.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Grand Jury - June 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 17 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Kobe Amerson, age 18, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charges Amerson with unlawful user in possession of firearms on or about September 30, 2020, and on or about June 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about September 30, 2020 and on or about June 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute 50 kilograms or more of Marijuana on or about September 30, 2020 and on or about June 4, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment.
* Angela Michelle Brown, age 45, of Omaha, is charged in a three-count Indictment. Count I charges Brown with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about October 13, 2017 and continuing to on or about April 16, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 5 grams or more of Methamphetamine (actual) on or about April 16, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 16, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Jose Cerritos-Valdez, age 45, is charged with reentry of a removed alien after having been convicted of a felony on or about June 10, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Joseph Thomas Crum, Jr., age 29, is charged with escape from custody on or about January 29, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Isaiah James Dorsey, age 19, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Dorsey with production of child pornography on or about November 22, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment. Count II charges the defendant with distribution of child pornography beginning on or about November 22, 2019 to on or about November 19, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment.
* Riley Griffy, age 28, of Omaha, is charged in a three-count Indictment. Count I charges Griffy with unlawful transfer or possession of a machine gun on or about April 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with receipt or possession of an unregistered firearm on or about April 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count III charges the defendant with tampering with evidence on or about June 2, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* James Robert Haage, age 29, of Omaha, is charged in a three-count Indictment. Count I charges Haage with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about November 2, 2020 and continuing to on or about May 26, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about December 29, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about December 29, 2020. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Elmer Rene Hernandez, age 42, of Omaha, and Kenneth G. Flowers, age 47, of Omaha, are charged in a two-count Indictment. Count I charges Hernandez and Flowers with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine on or about March 16, 2021 and continuing to on or about March 18, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges Hernandez with felon in possession of a firearm on or about March 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 18, 2021.
* Ryan T. Logan, age 41, is charged in a two-count Indictment. Count I charges Logan with distribution of a controlled substance resulting in serious bodily injury, methamphetamine powder that tested positive for heroin and fentanyl, on or about October 21, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges Logan conspiracy to distribute Heroin on or about September 2019 and continuing to on or about October 21, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment.
* Eduardo Marquez, age 26, is charged in a four-count Indictment. Count I charges Marquez with possession with intent to distribute 500 grams or more of Cocaine on or about May 25, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 10 grams or more of Fentanyl on or about May 25, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
Count IV charges the defendant with addict in possession of a firearm on or about May 25, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Dammon Mayfield, age 28, of Omaha, is charged with felon in possession of firearms on or about May 27, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Octavio Padilla-Garcia, age 35, is charged possession with intent to distribute 500 grams or more of Methamphetamine on or about February 19, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Darnell L. Polite, age 42, of Omaha, is charged in a two-count Indictment. Count I charges Polite with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about April 8, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 8, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Jose Rivera-Pacheco a/k/a Hector Felix-Palomares, age 36, is charged with felon in possession of firearms on or about April 27, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Marco A. Vallecillo, age 25, is charged in a four-count Indictment. Count I charges Vallecillo with possession with intent to distribute Marijuana on or about April 26, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 26, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute Marijuana on or about June 4, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment. Count IV charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about June 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Cody D. Vancura, age 27, of Hayes Center, Nebraska, is charged in a four-count Indictment. Count I charges Vancura with sexual exploitation of children after a prior sexual exploitation conviction on or about April 2, 2021. The maximum possible penalty if convicted is 50 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $50,000 additional special assessment. Count II charges the defendant with receipt and distribution of child pornography with prior conviction on or about June 12, 2020 to on or about May 12, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $35,000 additional special assessment. Count III charges the defendant with transportation of child pornography with prior conviction on or about June 12, 2020 to on or about May 12, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $35,000 additional special assessment. Count IV charges the defendant with possession of child pornography with prior conviction on or about May 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $17,000 additional special assessment.
Glenburn Woman Pleads Guilty to Federal Drug and Firearms ChargesRead the Press Release
BANGOR, Maine: A Glenburn woman pleaded guilty today in federal court to conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and 400 grams or more of fentanyl, and two counts of being an unlawful user of controlled substances in possession of a firearm, Acting U.S. Attorney Donald E. Clark announced.
According to court records, between September 2019 and February 2021, Danielle McBreairty, 31, conspired with others to distribute and possess with intent to distribute the drugs. As part of the conspiracy, she obtained large quantities of methamphetamine and fentanyl from her source and distributed the drugs throughout Penobscot and Aroostook counties. On February 27, 2020, and again on August 15, 2020, McBreairty, who was an unlawful user of controlled substances, was found in possession of a firearm. Under federal law, unlawful users of controlled substances are prohibited from possessing firearms.
On the drug conspiracy charge, McBreairty faces a minimum of 10 years in prison and up to life, a $10 million fine, and five years of supervised release. On the firearms charges, she faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine Drug Enforcement Agency investigated the case, with assistance by the Old Town and Bangor police departments.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
Fort Dodge Man Sentenced to Federal Prison for Crack Cocaine and Firearm ConvictionsRead the Press Release
A man who distributed crack cocaine and illegally possessed firearms was sentenced June 16, 2021, to more than 11 years in federal prison.
Preston Mosley, age 35, from Fort Dodge, Iowa, received the prison term after a January 13, 2021, guilty plea to one count of distribution of crack cocaine; one count of possession of a firearm by a felon; and one count of possession of a firearm in furtherance of a drug trafficking crime. Mosley was previously convicted of possession of a firearm by a domestic abuse offender and possession of crack cocaine with intent to deliver, in 2016, and possession of cocaine with intent to deliver, in 2019, both in the Iowa District Court for Webster County.
Evidence at the plea and sentencing hearings showed that the day after Mosley’s arrest and release on state charges stemming from his possession of drugs and guns, Mosley was again caught with drugs and a gun. Law enforcement agents caught Mosley driving a vehicle, and ultimately seized small amounts of marijuana and methamphetamine, powder cocaine, and crack cocaine from Mosley’s pockets. Mosley’s identification, items indicative of drug distribution, more crack cocaine, methamphetamine, and a loaded 9mm handgun were found and seized from the vehicle Mosley was operating. Mosley intended to distribute some or all of the cocaine to another person or persons, and used the firearm to protect his drugs and himself during drug trafficking activities. Evidence further showed that when law enforcement attempted to serve the federal arrest warrant for this case on Mosley, Mosely assaulted an officer with a brick.
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.
Mosley was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Molsey was sentenced to 138 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Mosley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, and DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3029. Follow us on Twitter @USAO_NDIA.
Former Supplement Company Owner Pleads Guilty to Unlawful Distribution of Anabolic Steroids and Steroid-like DrugsRead the Press Release
A Georgia resident and his company pleaded guilty today to a felony charge relating to the distribution of anabolic steroids and steroid-like drugs in purported dietary supplements.
According to court documents, James Chadwick Brooks, 41, of Norcross, and his company, CCB Nutrition LLC, pleaded guilty to introducing an unapproved new drug into interstate commerce with the intent to defraud and mislead the U.S. Food and Drug Administration (FDA) and consumers. The government alleged that from 2016 to 2019, Brooks marketed supplements containing anabolic steroids such as androsterone, trestolone, epiandrosterone and methylstenbolone to the bodybuilding and fitness community. Anabolic steroids are Schedule III substances under the Controlled Substances Act, and they may have dangerous effects on users, including increasing the risk of liver damage, coronary artery disease, strokes and heart attacks.
The government also alleged that the supplements distributed by Brooks included a product labeled as containing Arimistane, an aromatase inhibitor typically used with steroids to decrease estrogen production. The FDA has long warned that aromatase inhibitors have been linked to significant health risks such as a decreased rate of bone maturation and growth, decreased sperm production, infertility, aggressive behavior, adrenal insufficiency, kidney failure and liver dysfunction. In pleading guilty, Brooks admitted that he knowingly took steps to mislead and defraud the government and consumers, in part by using an unregistered contract manufacturer to import ingredients and produce the unlawful products.
“Marketing unapproved and potentially unsafe drugs as dietary supplements endangers consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue working with its law enforcement and agency partners to prosecute those who flout the law at the expense of public health.”
“When Brooks and his company marketed and sold steroids and other supplements within the fitness community, they undermined the FDA approval process and seriously risked the health and safety of consumers,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “The United States Attorney’s Office, along with our partners at the FDA, have an obligation to ensure the products consumers ingest are safe and can be trusted. We will continue that mission and bring to justice anyone who attempts to undermine that trust.”
“Those who market unlawful dietary supplements that contain potentially harmful drugs, such as steroids, put the public health at risk,” said FDA Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “We will continue to investigate those who jeopardize consumers’ health and bring them to justice.”
Brooks and CCB Nutrition LLC pleaded guilty before Judge James P. Jones in U.S. District Court for the Western District of Virginia. Brooks is scheduled to be sentenced on Oct. 18, and faces a maximum penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDA’s Office of Criminal Investigations is investigating the case.
Assistant U.S. Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Civil Division’s Consumer Protection Branch are prosecuting the case.
Former Rochester Business Owner Pleads Guilty to Bank FraudRead 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 Bradley Williams, 35, formerly of Rochester, NY, and now a resident of North Carolina, pleaded guilty to bank fraud, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant is the owner and operator of 4CIS Inc., located on Rosewood Terrace in Rochester. In that role, Williams maintained a business banking account at M&T Bank. On February 4, 2019, the defendant knowingly deposited 173 counterfeit and forged checks totaling $67,558.00 into his M&T business account. Williams attempted to withdraw the money in the following days, but his account was locked by M&T when it was discovered that the checks were fraudulent.
The checks were electronically created using the actual names, addresses, and bank account numbers of other individuals, and were made payable to 4CIS in amounts between approximately $385 and $399 each. The victims had no business with the defendant or 4CIS Inc. Further, the victims did not authorize the use of their identifying information for the creation of checks from their accounts and did not authorize any payments to the defendant or 4CIS Inc.
The plea is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for September 27, 2021, before Chief Judge Geraci.
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Former Philadelphia Middle School Teacher Sentenced to 15 Years for Multiple Child Exploitation OffensesRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Christopher O’Sullivan, 32, of Philadelphia, PA, was sentenced to 15 years in prison, 10 years of supervised release, and ordered to pay $5,200 restitution by United States District Judge Nitza I. Quinones-Alejandro for crimes stemming from his sexual exploitation of a student via text message.
In October 2020, the defendant pleaded guilty to one count of enticement of a minor, and one count of production of child pornography. According to court documents, over the course of several weeks in June and July 2019, O’Sullivan, a middle school teacher at a Philadelphia charter school at the time, sent a series of sexually suggestive text messages to Minor 1, a student of his who was twelve years old, in an effort to coerce the boy to engage in sexual activity and to send O’Sullivan sexually explicit photographs. Eventually, the child acquiesced to the pressure and sent O’Sullivan a photograph of his genitalia. The child’s parents saw the sexually explicit text messages on the child’s phone and contacted authorities, and law enforcement later found the same photograph on the defendant’s phone.
“O’Sullivan held one of the most sacred positions of trust in our society, a molder of young minds – a teacher,” said Acting U.S. Attorney Williams. “Schools must be safe havens for children. For this defendant to abuse his position by targeting and manipulating a student for his own perverse gratification is almost unimaginable. As always, we stand ready with our federal partners to identify and prosecute individuals that perpetuate this type of child abuse.”
“What a betrayal by Christopher O’Sullivan,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “He went from teaching a classroom full of kids to eagerly manipulating and sexually exploiting a vulnerable young boy. O’Sullivan is now being held responsible for his predatory behavior, locked behind bars so he can’t target anyone else’s child.”
This case is part of Project Safe Childhood, a Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michelle L. Morgan.
Former Deutsche Bank Commodities Trader Sentenced to Prison for Fraud SchemeRead the Press Release
A former commodities trader was sentenced today in the Northern District of Illinois to 12 months and a day in prison for a scheme to commit wire fraud affecting a financial institution.
James Vorley, 41, of the United Kingdom, was convicted by a federal jury on Sept. 25, 2020. Based on the evidence presented at trial, Vorley, who was employed as a precious metals trader at Deutsche Bank in London, engaged in a scheme to defraud other traders on the Commodity Exchange Inc., which was a public exchange. The defendant, together with Cedric Chanu and other Deutsche Bank traders, defrauded other market participants through a deceptive trading practice known as “spoofing.” Specifically, Vorley placed fraudulent orders that he did not intend to execute in order to create the false appearance of supply and demand and to induce other traders to transact at prices, quantities, and times that they otherwise would not have traded. Chanu is scheduled to be sentenced on June 28.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of the FBI’s New York Field Office made the announcement.
The FBI’s New York Field Office investigated the case.
Deputy Chief Brian Young, Acting Principal Assistant Chief Avi Perry, and Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section are prosecuting the case.
Former Cedar Rapids Hospital Employee Sentenced for Accessing Ex-Boyfriend’s Medical RecordsRead the Press Release
A former Cedar Rapids hospital employee, who wrongfully accessed and distributed her ex-boyfriend’s medical records, was sentenced on June 14, 2021. Jennifer Lynne Bacor, age 41, from Las Vegas, Nevada, received probation after pleading guilty to one count of wrongfully obtaining individually identifiable health information under false pretenses.
In a plea agreement, Bacor admitted she was employed as a patient care technician at a Cedar Rapids hospital. Bacor was authorized to access individually identifiable health information but only as necessary to provide services to her patients. In 2017, Bacor’s ex-boyfriend was repeatedly treated at the same hospital. On multiple occasions between April and October 2017, Bacor used her login credentials to access her ex-boyfriend’s protected private health information even though he was not one of her patients. In September 2017, Bacor took a picture of a medical photograph that showed one of her ex-boyfriend’s injuries and sent the picture to a third person. The third person then sent the picture to the ex-boyfriend and others on Facebook messenger along with taunting language and emojis.
Bacor was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Bacor was sentenced to five years of probation and fined $1,000. During her probationary term, Bacor will be restricted from employment in which she would have access to private medical information of others. In sentencing Bacor, Judge Williams observed that Bacor had “weaponized” her ex-boyfriend’s private medical information.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Department of Health and Human Services, Office of Inspector General. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 20-CR-77.
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