Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 18 May 2021
Man from the Congo found guilty in smuggling attemptRead the Press Release
CORPUS CHRISTI, Texas – A federal jury has convicted a 24-year-old non-citizen residing in Houston for attempting to transport an alien, announced Acting U.S. Attorney Jennifer B. Lowery.
The jury deliberated for less than four hours before convicting Bakunduwukize Desire following a two-day trial of attempting to transport an alien to Houston on Dec. 8, 2019.
Testimony revealed Desire arrived at the Falfurrias Checkpoint claiming he had a fight with his girlfriend and needed a ride back to Houston. His friend offered him a vehicle in exchange for driving the alien to Houston. He also accepted $800 as payment.
The jury heard Desire picked up the alien at a stash house in the valley and coached him to act like he was asleep once they got to the checkpoint.
The defense attempted to convince the jury that he did not know the alien was illegally present in the United States. They did not believe those claims and found Desire guilty as charged.
U.S. District Judge Drew B. Tipton presided over trial and set sentencing for Aug. 12. At that time, Desire faces up to five years of imprisonment and a possible $250,000 maximum fine.
Desire was permitted to remain on bond pending sentencing.
Border Patrol conducted the investigation. Assistant U.S. Attorneys Barbara J. De Pena and Amanda Gould prosecuted the case.
Man Who Crashed Truck Carrying Undocumented Immigrants After Police Chase Charged with Transportation of Illegal AliensRead the Press Release
An Austin man who crashed a truck full of undocumented immigrants following a high-speed police chase has been federally charged, announced Acting U.S. Attorney Prerak Shah.
Adrian Vargas-Ladinos, 20, was arrested on May 15, charged via criminal complaint with transportation of illegal aliens. He will make his appearance before U.S. Magistrate Judge John R. Parker on May 18.
According to the complaint, a police officer stopped Mr. Vargas-Ladinos for speeding in Sutton County, Texas on May 15. During the stop, the officer called for backup, at which point Mr. Vargas-Ladinos allegedly sped away, leading police on a chase that lasted almost eight minutes.
He crossed several medians before crashing the truck, causing it to roll over with passengers still in both the cab and bed.
Ten of the passengers – including one woman who was rushed to the ICU with head injuries and two men who were hospitalized with serious injures – were identified as citizens of Honduras, Guatemala, and El Salvador in the United States unlawfully. The hospitalized passengers were treated and have been stabilized.
Mr. Vargas-Ladinos initially claimed he was merely helping a few immigrants he had encountered in Eagle Pass, Texas during a visit to a friend. He told investigators he could not recall the friend’s name.
He later admitted, however, that a smuggler offered to pay him $25,000 to transport undocumented immigrants to Austin, Texas. A search of his cell phone allegedly confirmed that he was involved in human smuggling.
Mr. Vargas-Ladinos allegedly told law enforcement that based on directions provided by the smuggler, he drove to an abandoned home in Eagle Pass, honked the horn, and allowed the undocumented immigrants into his truck. He then allegedly drove them around a Border Patrol checkpoint in Eagle Pass.
One of his undocumented passengers told law enforcement that when Mr. Vargas-Ladinos realized he was being pulled over, he told the immigrants that he was going to bail out of the vehicle. Two passengers told law enforcement that they were scared during the police chase.
Mr. Vargas-Ladinos allegedly admitted to law enforcement he felt sorry for the undocumented immigrants who were hurt during the crash, but stated that he told them to run away so that they could get to Austin and he could get paid.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Vargas-Ladinos is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison on the transportation charge. He has also been charged by Sutton County with evading arrest, which carries a penalty of 10 years in state prison.
Homeland Security Investigations and U.S. Customs & Border Protection conducted the investigation with the assistance of the Sonora Police Department and Texas Department of Public Safety. Assistant U.S. Attorney Ryan Redd is prosecuting the case.
Man Pleads Guilty to Attempting to Provide Material Support to ISIS and Attempting to Commit an Attack at a Toledo-Area SynagogueRead the Press Release
WASHINGTON – Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty today to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.
“Damon Joseph was inspired by ISIS’ call to violence and hate," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. "He planned to target innocents at a Toledo-area synagogue based on their religion and hoping that it would lead to the deaths of many and spread fear. His actions would have been an assault on the liberties and respect for humanity we hold so dear. We will continue to make every effort to prevent such attacks from occurring. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”
“The defendant’s attempt to cause significant harm to members of the Toledo, Ohio, Jewish community constitutes both a federal hate crime and an act of domestic terrorism,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”
“This investigation highlights the continued threat of violence to our communities posed by ISIS-inspired terrorists – in this case, at a place of worship. With today’s plea, we will be one step closer to seeing justice served,” said Acting Assistant Director Patrick Reddan, Jr. of the FBI’s Counterterrorism Division. “I’m grateful for our partnerships with faith-based communities and with our law enforcement partners on the JTTF for their work on this case, which ultimately prevented this plot from becoming a tragedy.”
“Today, Damon Joseph pleaded guilty for attempting to support ISIS through violent attacks on Jewish congregants while they worshipped,” said Acting U.S. Attorney Bridget M. Brennan for the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country's solemn obligation to protect the civil rights of every person as a means of supporting a foreign terrorist organization. We will continue to root out and bring to justice those who support terrorists and those who seek to violate the civil rights of our families, friends and neighbors.”
“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph has now accepted responsibility for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."
In 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.
Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda he believed was to be used for ISIS recruitment efforts.
Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.” Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.
On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns, and ammunition.
On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.
Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.
Joseph is scheduled to be sentenced on Tuesday, September 14, 2021 at 11 a.m. and faces a maximum sentence of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, are investigating the case.
Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division are prosecuting the case.
Lengthy & On-Going Investigation Results in Four Houston Area Men Charged in Mid-State ATM TheftsRead the Press Release
NASHVILLE – Four Houston, Texas men are facing federal charges after a lengthy investigation by the FBI into a series of Automated Teller Machine (ATM) thefts in middle Tennessee and elsewhere, announced U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee.
Elijah Diaz, 19; Troy Alan Parker, 18; Willie Charles White, 21; and Abraham Woods, 32, were arrested on the morning of April 26, at a hotel in Holladay, Tennessee, and charged with conspiracy and bank larceny, following the theft from an ATM machine in Mount Juliet, Tennessee, hours earlier.
According to the criminal complaint, for more than a year, the FBI Violent Crimes Task Force in Nashville has been investigating ATM thefts. Typically, the method of these thefts involve crews of individuals who steal a heavy duty capacity pickup truck, obtain large J-hooks and an industrial chain and then scout a free-standing ATM to target. These crews then use the stolen truck and approach the ATM in the early morning hours, wearing hoodies and masks. The shell of the ATM is then pried open and the J-hooks are attached to the safe and to the truck. The truck is then used to pull open the safe door, allowing access to the cash inside. After travelling to a pre-determined location, the crews offload the cash into other vehicles and abandon the stolen truck to avoid detection and apprehension.
On April 4, 2021, an ATM theft occurred at a Wilson Bank & Trust in Murfreesboro, Tenn. Video surveillance shows two suspects wearing dark clothing and ski masks arriving at the bank at 1:14 a.m. driving a Chevrolet 2500 pickup. The suspects then pried open the shell of the ATM and used the chain and hooks to force open the safe, before taking the cash and fleeing.
The investigation determined that the Chevrolet truck used in this theft had been stolen earlier in the evening on April 3rd. A review of the surveillance footage in the hours preceding the theft, identified a black Dodge Durango with a Texas license plate and the driver appeared to have been casing the machine. The FBI has also been coordinating the ATM theft investigations with the FBI Houston Office and the Houston Police Department Major Offenders Criminal Apprehension Team. The video was shared with Houston law enforcement and Willie White was quickly identified as the driver of the black Dodge Durango. Investigators also determined that the Murfreesboro Police Department had conducted a traffic stop of the Durango on April 2, 2021 and identified Elijah Diaz and Troy Parker as the occupants. Officers also noticed crowbars and chains in the rear of the vehicle.
On April 25, 2021, Houston law enforcement informed the Nashville FBI that White and others were in Nashville and were preparing for an ATM theft. At 2:27 a.m. on April 26th, an ATM theft occurred at the Wilson Bank & Trust in Mount Juliet, Tennessee. Surveillance cameras captured the theft where an individual in a hooded sweatshirt pried open the shell of the machine while another individual positioned a stolen pickup truck, attached hooks to the safe and drove forward, ripping open the safe. Both individuals then fled the scene with the cash from the ATM. The stolen pickup truck was found abandoned in Wilson County and contained several money cartridges from an ATM, scattered $20 bills, and crowbars. A review of the surveillance video preceding the theft also showed a black dodge Durango which appeared to be casing the ATM at 9:35 p.m. the previous evening.
Later in the morning on April 26th, the Dodge Durango was located at the Days Inn Hotel, near Interstate 40 in Holladay, Tenn. Shortly thereafter, the four defendants were arrested and investigators recovered more than $88,000 in cash. Investigators had also determined that the four had stayed at the Westin Hotel when they arrived in Nashville before carrying out the ATM theft and recovered several surveillance photos of the defendants and the vehicles used, including the Dodge Durango.
If convicted, the defendants face up to 10 years in prison.
The FBI continues to investigate ATM thefts across the region. If you have any information related to the thefts, please contact the Nashville FBI Office at 615-732-7500.
A criminal complaint is merely an accusation. All defendants are presumed innocent until proven guilty in a court of law.
# # # # #
Las Vegas Business Owner Sentenced to More Than 14 Years in Federal Prison for Orchestrating $13 Million Fraud Upon the North Carolina Medicaid ProgramRead the Press Release
WILMINGTON, N.C. – Latisha Harron, a Las Vegas resident, was sentenced today to 170 months in federal prison and ordered to pay $13,396,921.64 in restitution to the North Carolina Medicaid Program on charges of Conspiracy to Commit Health Care Fraud and Wire Fraud, in violation of Title 18, United States Code, Section 1349; Aggravated Identity Theft, in violation of Title 18, United States Code, Section 1028A; and (5) Conspiracy to Commit Money Laundering, in violation of Title 18, United States Code, Section 1956(h). The court also sentenced Harron to forfeit various assets as a part of her case. Court documents reflect that forfeitable items include up to $13,396,921.64 in cash, a British Aerospace Bae 125-800A Aircraft, a 2017 Aston Martin DB 11 sports car; a 2016 Ford F-150 Super-Crew pickup truck; real property held in the name of Assured Healthcare Systems in Hertford County, North Carolina; real property located in Charles County, Maryland; as well as various other items of designer jewelry and luxury items seized from the defendant’s penthouse condominium in Las Vegas.
Acting United States Attorney G. Norman Acker, III, stated, “This case demonstrates the resolve of this office to bring healthcare fraud artists to justice – wherever they are found; pandemic or no pandemic. The ultimate reward of fraud is not a life of luxury, but years of life lost to federal prison.”
According to court documents, Harron, also known as Latisha Reese Holt, 44, originally from Eastern North Carolina, admitted to conspiring with her husband to carry out a massive fraud upon the North Carolina Medicaid Program (“NC Medicaid”) by billing the government for fictitious home health services. Harron admitted to then working with her husband to launder the proceeds of the fraud into, among other things, a private jet, luxury jewelry and clothing, and properties in Ahoskie and Rich Square, North Carolina.
According to the charges, Harron created, and was operating, Agape Healthcare Systems, Inc. (“Agape”) an alleged Medicaid home health provider, in Roanoke Rapids, North Carolina. As charged, to enroll Agape as a Medicaid provider, Harron fraudulently concealed her prior felony conviction for Identity Theft. In 2012, Harron moved out of North Carolina to Maryland. Despite that move, Harron continued to bill NC Medicaid as though Agape was providing home health services to North Carolina recipients.
As charged, in May of 2017, Harron moved to Las Vegas, Nevada to live with codefendant Timothy Mark Harron, and that the two were married in 2018. The indictment alleges that Timothy Harron was also a previously convicted felon, and that this fact was concealed from the NC Medicaid on enrollment documents. Latisha Harron pleaded guilty to allegations that Harron and her husband then worked together to expand the Agape fraud upon NC Medicaid, by fraudulently billing the program for more than $10 Million, just in the period between 2017 and 2019.
As charged, Harron admitted that she and her husband carried out the fraud by exploiting an eligibility tool that was entrusted only to NC Medicaid providers. Specifically, Harron and her husband searched publicly available sources, such as obituary postings on the internet by North Carolina funeral homes, to locate recently deceased North Carolinians. Harron admitted that the two would then extract from the obituary postings certain personal information for the deceased, including their name, date of birth, and date of death. Then, utilizing the extracted information, the defendants would then query the NC Medicaid eligibility tool to determine whether the deceased individual had a Medicaid Identification Number. If the deceased North Carolinian had a valid Medicaid Identification Number and was otherwise eligible for Medicaid coverage during their life, the defendants would use that individual’s identity to “back-bill” NC Medicaid, through Agape, for up to one year of fictitious home health services that were allegedly rendered prior to the death of the individual. NC Medicaid then disbursed millions to Agape, all of which flowed into accounts controlled by the Harron and her husband.
Harron admitted that she and her husband carried out the fraud via the internet from locations around the globe, including their corporate office building in Las Vegas, their penthouse condominium in Las Vegas, a corporate office in North Carolina, and from various hotels and luxury resorts in and outside of the United States.
Harron further pled guilty to laundering the proceeds of the Agape fraud into various luxury items. These expenses included a $900,000 wire for the purchase of a British Aerospace Bae 125-800A private jet, hundreds of thousands of dollars in Tiffany & Co. and Brioni clothing and jewelry, thousands of dollars on Eastern North Carolina business properties, and thousands of dollars in gym equipment.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. District Judge Richard E. Myers II announced the sentence. The Federal Bureau of Investigation, the United States Department of Health and Human Services Office of the Inspector General, the Internal Revenue Service Criminal Investigation, and the North Carolina Attorney General’s Office Medicaid Investigations Division, all investigated the case. Assistant U.S. Attorney William M. Gilmore served as the prosecutor. Assistant U.S. Attorney John Harris represented the United States with respect to forfeiture aspects of the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:20-cr-00005-M-1.
Lancaster man sentenced to more than 15 years in prison for attempting to sexually coerce a minorRead the Press Release
COLUMBUS, Ohio – A prior sex offender who was on parole supervision at the time of his latest offense was sentenced in U.S. District Court today to 186 months in prison and a lifetime of supervised release for attempting to sexually coerce a minor to engage in unlawful sexual activity.
According to court documents, in May 2020, officers with the Franklin County Internet Crimes Against Children (ICAC) Task Force were conducting undercover online chats to identify individuals who were attempting to solicit and engage in illegal sexual activity with minors.
An officer posing as a juvenile on a social media application received a message from Larry Richard Dickerson, 56, and the two became in regular contact. Dickerson requested nude photos of the purported teenager. In one instance, he asked her to send a shirtless picture with the name “Rick” written across her chest so that he could be sure she was not a “cop.”
In a phone call with the undercover officer, Dickerson asked numerous questions about the supposed 15-year-old’s sexual history and preferences. The defendant asked the undercover officer to describe what her pubic region looked like. The two made a plan to meet to engage in illicit sexual conduct.
Dickerson and the officer decided to meet first in public before going somewhere private to engage in sex. Law enforcement observed Dickerson arrive at the designated meeting place and he was subsequently arrested.
Dickerson has two prior child sex offense convictions. In 2002, he was sentenced to 21 months in prison in the District of South Carolina on a child pornography charge. In 2018, he was convicted in the Delaware County Court of Common Pleas with three counts of unlawful sexual conduct with a minor, based on his communications with a 13-year-old girl via MeetMe, and his subsequent meeting with and sexual abuse of the child.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Franklin County Sheriff Dallas Baldwin and Franklin County ICAC partnering agencies announced the sentence imposed today by U.S. District Judge Sarah D. Morrison. Senior Litigation Counsel Heather A. Hill is representing the United States in this case.
# # #
La Habra Man Who Led Police on High-Speed Chase with 75 Pounds of Cocaine in His Car Sentenced to 15½ Years in Federal PrisonRead the Press Release
LOS ANGELES – An Orange County man who led police on a high-speed car chase with more than 75 pounds of cocaine stashed in his vehicle was sentenced today to 186 months in federal prison.
Anthony Martinez, 40, of La Habra, was sentenced by United States District Judge Michael W. Fitzgerald. Martinez pleaded guilty on January 15 to one count of possession with intent to distribute cocaine. Martinez is one of eight defendants charged in an indictment alleging a conspiracy to traffic cocaine throughout Southern California.
On July 25, 2019 in Whittier, Martinez received two boxes from a co-defendant that contained 75.2 pounds (34.1 kilograms) of cocaine, placed the boxes in his car and drove off. When Whittier Police officers attempted to pull Martinez over, he initially pulled over, then sped away, refusing to stop, and led police on a car chase in which Martinez veered into oncoming traffic and drove on the wrong side of the road, the plea agreement states.
“In so doing, [Martinez] recklessly created a substantial risk of death or serious bodily injury to individuals in the community and law enforcement by fleeing from officers,” prosecutors wrote in their sentencing memorandum.
When police finally pulled Martinez over for good in Fullerton, they discovered the box of cocaine.
Martinez also possessed 132.6 pounds (60.2 kilograms) of cocaine, separately wrapped in one kilogram “bricks” located in a storage locker, and 52.9 pounds (23.98 kilograms) of cocaine located inside a duffel bag.
In total, Martinez admitted to possessing 260.6 pounds (118.2 kilograms) of cocaine.
This case’s lead defendant, Jesus Manuel Landeros-Cisneros, 51, of Covina, pleaded guilty in August 2020 to one count of conspiracy to distribute cocaine. He is serving a 174-month federal prison sentence for that offense.
Three other defendants in the case – Ryan Alexander Fischer, 23, a.k.a. “Flaco,” of Covina; Manuel Angel Landeros-Lopez, 43, of Covina; David Elgrably, 51, of Suisun City, California – are scheduled to go on trial on July 27. Three defendants – Harnidhan Bhangu, 30; Harmanjot Singh, 29; and Gurpreet Chahal, 41; all Canadian nationals – are fugitives.
The Drug Enforcement Administration and Homeland Security Investigations investigated this matter. The investigation was conducted with the support of the Organized Crime Drug Enforcement Task Force (OCDETF). As to these seizures, substantial assistance was provided by the South Gate Police Department, the Brea Police Department, and the West Covina Police Department.
Assistant United States Attorney Kathy Yu of the Violent and Organized Crime Section prosecuted this case.
Kent man charged with flying an airplane without a valid pilot certificateRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a federal grand jury returned a three-count indictment on Thursday, May 13, charging Delbert Garfield Stewart, 70, of Kent, Ohio, with flying an airplane without a valid airman’s certificate.
According to court documents, on June 20, 2019, July 5, 2020 and March 8, 2021, the Defendant knowingly and willfully piloted a Bellanca Model 17-30A single-engine aircraft without a valid airman’s certificate. Court records state that the Defendant obtained an airman certificate in 1978 and purchased the single-engine aircraft in 2010.
In February of 2014, court records state that the Federal Aviation Administration (FAA) suspended the Defendant’s airman certificate, citing numerous FAA regulation violations. In response to the suspension, the Defendant claimed that the FAA did not have authority over him as a private individual not engaged in commerce, according to court records. It is alleged that the Defendant continued to operate the aircraft, despite the 2014 suspension. Stewart’s airman certificate was later revoked.
On June 20, 2019, it is alleged that the Defendant piloted the aircraft from Portage County Regional Airport (KPOV) in Ravenna, Ohio, and landed at the Warsaw Indiana Airport (KASW) in Warsaw, Indiana. While in Indiana, the Defendant allegedly flew the aircraft on multiple flights, with passengers on board.
On July 5, 2020, it is alleged that an FAA official and an Ohio State Trooper attempted to investigate the Defendant and the aircraft when the aircraft landed at Portage County Regional Airport (KPOV), Ravenna, Ohio. The indictment states that the Defendant was the pilot of the aircraft, and an adult passenger was also on board. The FAA official advised the Defendant that his airmen certificate was revoked, and the airworthiness certificate for the aircraft was also suspended.
On March 8, 2021, it is alleged that the Defendant flew from Paulding Northwest Atlanta Airport (KPUJ) in Georgia to KPOV in Ravenna, Ohio. During this flight, it is alleged that the Defendant failed to activate the transponder for the aircraft until he was in close proximity to the KPOV airport. As a result, the Defendant’s aircraft was unable to be tracked by the FAA until the transponder was turned on shortly before landing.
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.
If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, 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 U.S. Department of Transportation-Office of Inspector General, Federal Aviation Administration, Department of Homeland Security, and Ohio State Highway Patrol. This case is being prosecuted by Assistant United States Attorneys Damoun Delaviz and Brad Beeson.
Jury convicts valley resident on meth chargesRead the Press Release
McALLEN, Texas – A federal jury has convicted a 49-year-old Mission resident for conspiracy and possession with intent to distribute more than 500 grams of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
The jury deliberated for approximately 40 minutes before convicting Eugenio Perez Jr. following a two-day trial which included three witnesses.
According to the testimony, authorities discovered 1.6 kilograms of meth while investigating a drag racing incident that resulted in a two-car collision.
At trial, the jury heard from a local police officer who explained how Perez crashed into an SUV pulling out of a parking lot. The officer approached Perez after observing him pull a bag from his truck’s cab and place it into the bed of the truck. He instructed Perez not take anything from the vehicle.
Perez’s daughter arrived on the scene. At that time, she took the bag from the bed of the truck and placed it in her car, according to testimony.
The officer further testified that he stopped her from leaving the area and asked her to show him what was inside the bag. The daughter opened the bag which was found to contain approximately 1.6 kilograms of meth.
The defense attempted to convince the jury that law enforcement had rushed to judgment and did not perform an adequate and thorough enough investigation to convict Perez. The jury disagreed and found him guilty as charged.
U.S. District Judge Randy Crane presided over trial and set sentencing for July 27, 2021. At that time, Perez faces a minimum of 10 years and up to life in prison as well as a possible $10 million fine.
Previously released on bond, Perez was taken into custody following the sentencing today where he will remain pending that hearing.
The Drug Enforcement Administration conducted the investigation with the assistance of Palmview Police Department. Assistant U.S. Attorneys Michael Mitchell and M. Alexis Garcia prosecuted the case.
Judges sentences St. Louis County man arrested with drugs, a weapon and ammunitionRead the Press Release
ST. LOUIS – United States District Judge E. Richard Webber sentenced Jordan Perry to 60 months in prison today. The 32-year-old St. Louis County, Missouri resident pleaded guilty, in February, to one count of being a felon in possession of a firearm.
On July 9, 2019, officers from the St. Louis County Police Department tried arresting Perry because he was wanted on several outstanding felony warrants. Perry fled and led officers first on a vehicle pursuit and then on a foot chase. While fleeing from police, Perry drove through a backyard causing an officer to take immediate action to avoid being struck. During the vehicle pursuit, Perry drove at high rates of speed and failed to stop at multiple stop signs. A tire on Perry’s vehicle eventually deflated, so Perry abandoned the vehicle and ran from police. Officers eventually caught and arrested Perry.
Officers saw on the passenger seat of Perry’s vehicle, a.22-caliber High Standard Double-Nine revolver and three bags containing cocaine base. During an inventory search of the vehicle, officers located a fourth clear bag containing a cocaine base and 91 rounds of .22-caliber ammunition.
Prior to July 9, 2019, Perry was a convicted of a felony.
The St. Louis County Police Department investigated this case. Assistant United States Attorney Jillian Anderson is handling the case.
#####
Jefferson County man indicted for failing to registerRead the Press Release
MARTINSBURG, WEST VIRGINIA – Patrick Allen Darlington, of Charles Town, West Virginia, was indicted today on a failure to register charge, Acting United States Attorney Randolph J. Bernard announced.
Darlington, 42, was indicted on one count of “Failure to Register.” Darlington, a person required to register as a sex offender because of a prior conviction, is accused of traveling across state lines without updating his sex offender registration from August 2020 to March 2021 in Jefferson County and elsewhere.
Darlington faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The U.S. Marshals Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Inmate admits to contraband chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Quadiri Ayodele, an inmate at FCI Gilmer in Glenville, West Virginia, was sentenced today to six months of additional prison time after admitting to a contraband charge, Acting U.S. Attorney Randolph J. Bernard announced.
Ayodele, 41, pleaded guilty to one count of “Attempt to Introduce a Prohibited Object (Tobacco).” Ayodele admitted to trying to bring in tobacco to the prison in April 2019 in Gilmer County.
Assistant U.S. Attorney Christopher L. Bauer prosecuted the case on behalf of the government. The Bureau of Prisons Special Investigative Services investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Human Resources Manager Pleads Guilty to Defrauding Employer Through Payroll and COVID-19 Testing SchemesRead the Press Release
BOISE – Douglas Wold, 48, of Meridian, pleaded guilty to one count of wire fraud, one count of mail fraud, and one count of money laundering based on schemes to defraud his employer, Fry Foods, Inc., during the height of the COVID-19 pandemic, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr., today. Sentencing is set for August 27, 2021, before Chief U.S. District Judge David C. Nye at the federal courthouse in Boise.
According to court records, Wold worked as a Human Resources Manager for Fry Foods, Inc. in Ontario, Oregon, and executed two separate schemes.
First, beginning in at least May 2020 and continuing through August 2020, Wold committed wire fraud by submitting fraudulent payroll requests for individuals who never worked at Fry Foods or who no longer worked at Fry Foods at the time of the payroll requests. Payroll checks were processed based on Wold’s requests. Wold then deposited these fraudulent payroll checks into his own bank accounts.
Second, Wold committed mail fraud with respect to a COVID-19 testing program at Fry Foods’ Weiser, Idaho location in May 2020. Wold issued a fraudulent invoice to Fry Foods in the name of his business, Hala Lallo Health, for $39,995 when, in fact, the testing was provided by another entity and at a greatly lower cost. When Fry Foods paid Hala Lallo Health for the testing, Wold deposited the funds into a bank account he controlled and the company that actually provided the testing was not paid.
Wold committed the offense of engaging in monetary transactions in property derived from unlawful activity by transferring $69,116.48 in proceeds from his frauds for the purchase a speedboat and trailer.
Wire fraud and mail fraud carry a penalty of up to 20 years in federal prison, a maximum fine of $250,000, and up to three years of supervised release. Money laundering carries a penalty of up to ten years in federal prison, a maximum fine of $250,000, and up to three years of supervised release.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Malheur County Sheriff’s Office.
For information about the Department of Justice’s efforts to stop illegal COVID-19-related activity, visit www.justice.gov/coronavirus. For the most up-to-date information on COVID-19, consumers may visit the Centers for Disease Control and Prevention (CDC) and WHO websites.
The public is urged to report suspected fraud schemes related to COVID-19 (the Coronavirus) to the National Center for Disaster Fraud (NCDF) hotline by phone at (1-866-720-5721) or via an online reporting form available at www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form
# # #
Hoover Criminal Gang Member Pleads Guilty to Drug and Gun ChargesRead the Press Release
PORTLAND, Ore.—A known Hoover Criminal Gang member and resident of Portland pleaded guilty today to federal gun and drug charges for his role in a fentanyl trafficking conspiracy.
Aumontae Wayne Smith, 22, pleaded guilty to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime.
According to court documents and testimony, Smith and an unnamed accomplice conspired with one another to distribute counterfeit oxycodone pills containing fentanyl in and around Portland. Investigators seized six firearms from Smith and his accomplice with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further investigation revealed Smith purchased 16 firearms that were linked to 17 different shootings in the Portland area between April and December 2020.
On April 6, 2021, a federal grand jury in Portland returned an indictment charging Smith with conspiring to distribute and possess with intent to distribute fentanyl, possessing with intent to distribute fentanyl, and possessing a firearm in furtherance of a drug trafficking crime. On April 16, 2021, he voluntarily surrendered to law enforcement.
With continued and early acceptance of responsibility, the U.S. Attorney’s Office will join Smith in jointly recommending a sentence of 70 months in prison when he is sentenced on August 9, 2021 before U.S. District Court Chief Judge Marco A. Hernandez.
This case was investigated by the Portland Police Bureau, FBI, and ATF. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
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.
Opioid abuse affects communities across the nation. The Centers for Disease Control and Prevention reports that in 2019, its most recent data, there were 70,630 drug overdose deaths in the U.S. Opioids and synthetic opioids were alone responsible for 49,860 overdose deaths or nearly 71% of all overdoses. Drug overdose is now the leading cause of injury or death in the United States.
Fentanyl is a synthetic opioid 80 to 100 times more powerful than morphine and 30 to 50 times more powerful than heroin. A 3-milligram dose of fentanyl—a few grains of the substance—is enough to kill an average adult male.
The availability of illicit fentanyl in Oregon has presented public safety and health officials with a host of new challenges, including a dramatic increase in overdose deaths. Fentanyl-related overdose deaths in Oregon have doubled between 2016 and 2019.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Hawaii couple indicted in tax fraud schemeRead the Press Release
WASHINGTON – A federal grand jury in Honolulu, Hawaii, returned an indictment on May 13 charging a Hawaii husband and wife with conspiring to defraud the United States and filing a false tax return. The husband was also charged with five counts of money laundering.
The indictment charges that from 2015 to 2021, Michael Chock and Brigida Chock of Ewa Beach, Hawaii, along with an unnamed co-conspirator, prepared and filed a Form 1099-MISC reporting bogus tax withholdings, as well as a false 2014 amended individual income tax return that requested a refund of $225,327, based on those fraudulent withholdings. After receiving the false return, the IRS allegedly issued a refund to the Chocks. Later, when the IRS initiated collection activity, the Chocks allegedly took steps to prevent the IRS from retrieving the fraudulently obtained refund. The indictment further alleges that Michael Chock laundered the fraudulently obtained refund through a series of financial transactions using banks located in the District of Hawaii.
The defendants were arraigned today before U.S. Magistrate Judge Kenneth J. Mansfield of the U.S. District Court for Hawaii.
If convicted, Michael Chock faces a maximum sentence of 10 years in prison for each count of money laundering. The Chocks each face a maximum sentence of three years for filing a false tax return and a maximum sentence of five years for conspiracy to defraud the United States. A federal district court judge 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 Judith A. Philips for the District of Hawaii made the announcement.
The IRS-Criminal Investigation is investigating the case.
Trial Attorneys Sarah A. Kiewlicz and Valerie G. Preiss of the Tax Division and Assistant U.S. Attorney Gregg Paris Yates of the U.S. Attorney’s Office for the District of Hawaii 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.
Hawaii Couple Indicted in Tax Fraud SchemeRead the Press Release
A federal grand jury in Honolulu, Hawaii, returned an indictment on May 13 charging a Hawaii husband and wife with conspiring to defraud the United States and filing a false tax return. The husband was also charged with five counts of money laundering.
The indictment charges that from 2015 to 2021, Michael Chock and Brigida Chock of Ewa Beach, Hawaii, along with an unnamed co-conspirator, prepared and filed a Form 1099-MISC reporting bogus tax withholdings, as well as a false 2014 amended individual income tax return that requested a refund of $225,327, based on those fraudulent withholdings. After receiving the false return, the IRS allegedly issued a refund to the Chocks. Later, when the IRS initiated collection activity, the Chocks allegedly took steps to prevent the IRS from retrieving the fraudulently obtained refund. The indictment further alleges that Michael Chock laundered the fraudulently obtained refund through a series of financial transactions using banks located in the District of Hawaii.
The defendants were arraigned today before U.S. Magistrate Judge Kenneth J. Mansfield of the U.S. District Court for Hawaii.
If convicted, Michael Chock faces a maximum sentence of 10 years in prison for each count of money laundering. The Chocks each face a maximum sentence of three years for filing a false tax return and a maximum sentence of five years for conspiracy to defraud the United States. A federal district court judge 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 Judith A. Philips for the District of Hawaii made the announcement.
The IRS-Criminal Investigation is investigating the case.
Trial Attorneys Sarah A. Kiewlicz and Valerie G. Preiss of the Tax Division and Assistant U.S. Attorney Gregg Paris Yates of the U.S. Attorney’s Office for the District of Hawaii 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.
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Daniel Porter Critchfield, of Bridgeport, West Virginia, has admitted to a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Critchfield, 34, pleaded guilty today to one count of “Unlawful Possession of Firearm.” Critchfield, a person prohibited from having a firearm, admitted to having a 9mm pistol in February 2016 in Harrison County.
Critchfield faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Bridgeport Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Grand Jury indictment charging six individuals with various drug and firearms chargesRead the Press Release
DAVENPORT, IOWA – A federal grand jury in Davenport returned a 19-count Indictment last week charging six individuals with various drug and firearms charges announced Acting United States Attorney Richard D. Westphal.
According to court documents, Taylor Christopher Graeber, age 23; Joshua John Paarmann, age 30; Karley Ann Smith, age 27; Joshua Steven Ennis, age 38; Donnie Wayne Robinson, Jr., age 34; and Robert Stanley Nelson III, age 40; are each charged in a Conspiracy to Distribute Methamphetamine that started by at least July 1, 2020, and continued until March 29, 2021. The conspiracy involved the possession of numerous firearms, multiple pounds of methamphetamine, and continued distribution of methamphetamine throughout the Quad Cities area during the conspiracy’s duration.
Graeber is charged with Conspiracy to Distribute Methamphetamine, Possession of a Firearm in Furtherance of Drug Trafficking, and Felon in Possession of a Firearm. If convicted, Graeber faces a mandatory minimum of 15 years in prison and a maximum of life imprisonment.
Paarmann is charged with Conspiracy to Distribute Methamphetamine, two counts of Possession with Intent to Distribute a Controlled Substance, Possession of a Firearm in Furtherance of Drug Trafficking, and Felon in Possession of a Firearm and Ammunition. If convicted, Paarmann faces a mandatory minimum of 15 years in prison and a maximum of life imprisonment.
Smith is charged with Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute a Controlled Substance. If convicted, she faces a mandatory minimum of 10 years in prison and a maximum of life imprisonment.
Ennis is charged with Conspiracy to Distribute Methamphetamine, Possession with Intent to Distribute a Controlled Substance, Possession of a Firearm in Furtherance of Drug Trafficking, and Felon in Possession of a Firearm and Ammunition. If convicted, he faces a mandatory minimum of 15 years in prison and a maximum of life imprisonment.
Robinson is charged with Conspiracy to Distribute Methamphetamine, Possession with Intent to Distribute a Controlled Substance, Felon in Possession of Ammunition, Possession of a Firearm in Furtherance of Drug Trafficking, and Felon in Possession of a Firearm. If convicted, he faces a mandatory minimum of 15 years in prison and a maximum of life imprisonment.
Nelson is charged with Conspiracy to Distribute Methamphetamine and Possession with Intent to Distribute a Controlled Substance. If convicted, he faces a mandatory minimum of 10 years in prison and a maximum of life imprisonment.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. Following a finding of guilt, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors for each individual defendant.
The Davenport Police Department, Scott County Sheriff’s Office, Quad City Metropolitan Enforcement Group, and the Drug Enforcement Administration are investigating this matter. The United States Attorney’s Office for the Southern District of Iowa is prosecuting the case.
Georgia woman admits participation in scheme to obtain fraudulent reimbursements for medical equipment and genetic testingRead the Press Release
SAVANNAH, GA: A Georgia woman has admitted taking part in a nationwide telemedicine kickback scheme that led to fraudulent Medicare reimbursements for durable medical equipment and genetic testing.
Robin Darnell, known to some of her co-conspirators as “Nurse Robin,” 57, of Dallas, Ga., pled guilty in U.S. District Court to an Information charging her with one count of Conspiracy, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The plea agreement subjects Darnell to a possible statutory sentence of up to five years in prison and substantial financial penalties and restitution, followed by up to three years of supervised release.
There is no parole in the federal system.
“Telemedicine has played an increasingly important role in providing accessible healthcare, particularly during the pandemic,” said Acting U.S. Attorney Estes. “With our law enforcement partners, we will continue to work diligently to identify and shut down those who would attempt to use technology and deceit to defraud taxpayer funded safety net programs.”
As described in court documents and testimony, Darnell admitted that from June 2018 through September 2020, she and other conspirators took part in a nationwide telemedicine kickback scheme in which she recruited physicians and other medical professionals to sign orders for durable medical equipment and genetic testing. Darnell claimed to have a team of nurses who would contact patients to conduct exams via telemedicine on behalf of the physicians, in exchange for the health care professionals ordering medical equipment and expensive genetic testing for those patients. In fact, Darnell had no such team of nurses, despite claiming otherwise to the physicians she recruited. Darnell processed thousands of orders, which Darnell knew contained medical histories, conditions, diagnoses, or examinations that Darnell knew were false.
Darnell’s conspirators then used these orders to bill Medicare for thousands of dollars each. Medicare beneficiaries were located in the Southern District of Georgia and elsewhere.
“Telemedicine has become a valuable tool for delivering health services in this time of pandemic. However, bad actors are abusing these tools to commit health care fraud,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “When marketing and so-called telehealth services are misused, alleged violators can expect aggressive investigation and swift prosecution.”
“Darnell took advantage of a system that was set up to help healthcare patients get much-needed government assistance during a pandemic,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Her actions not only affect those patients, but every citizen whose tax dollars support programs like Medicare. The FBI is determined to hold her accountable and anyone who would commit such fraud.”
The Southern District of Georgia has now charged 33 defendants as part of the nationwide crackdown on fraudulent genetic testing, and prescribing of orthotic braces and pain creams, identifying more than $1.5 billion in losses to Medicare and Medicaid for defendants charged in the Southern District alone.
This investigation is ongoing. As telemedicine becomes an increasing part of our healthcare system, particularly during the COVID-19 pandemic, vigilance in ensuring that fraud and kickbacks do not usurp the legitimate practice of medicine by electronic means is more important than ever. If you are aware of any fraud or kickbacks relating to telemedicine, including COVID-19 fraud, please call the FBI hotline at 1-800-CALL-FBI.
The case was investigated by the FBI and the Health and Human Services Office of the Inspector General, and prosecuted for the United States by Assistant U.S. Attorney Jonathan A. Porter.
Georgia Man Sentenced for Being a Felon in Possession of Firearm and AmmunitionRead the Press Release
BOSTON – A Georgia man was sentenced on May 13, 2021 in federal court in Boston for illegal possession of a semi-automatic pistol.
Herbert Palmer, 39, of Decatur, Ga., was sentenced by U.S. District Court Judge Denise J. Casper to 32 months in prison and three years of supervised release. On Jan. 15, 2021, Palmer pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
On Aug. 12, 2020, police were dispatched to an apartment in New Bedford following a report of a disturbance where a man had a gun and was pointing it to a woman’s head. After police arrived, the man, later identified as Palmer, exited the apartment and told police that he had a knife on his person. A search of Palmer revealed he had a folding knife and firearm magazine loaded with four rounds of .380 caliber ammunition, which Palmer claimed to be carrying because it did not fit his BB gun, although he denied having a gun.
A witness informed police that Palmer had pointed a small black gun at individuals while inside the apartment that evening and that when Palmer manipulated the firearm, the magazine dropped out of the firearm and fell to the floor. Palmer picked up the magazine and then proceeded to the second floor to change his clothing.
Police searched the apartment and located a Lorcin, Model 380. .380 caliber semi-automatic pistol in a second floor bedroom. Authorities confirmed the ammunition recovered from Palmer’s person was the same caliber as the firearm.
Palmer was convicted in 2010 of assault and battery with a dangerous weapon and is therefore prohibited from possessing firearms and ammunition.
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 New Bedford Police Chief Joseph C. Cordeiro made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Mendell’s Major Crimes Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Gainesville Man Sentenced to Ten Years in Prison for Possessing Child PornographyRead the Press Release
GAINESVILLE, FLORIDA – Jeremy Astrologo, 42, of Gainesville, Florida, was sentenced yesterday to ten years in federal prison following his conviction for possessing child pornography. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the sentence.
Astrologo, a multi-convicted sexual predator, entered a guilty plea last November. The evidence showed that in November 2019, Astrologo was under investigation for failing to comply with sex offender registration requirements. Investigators located Astrologo at an area motel, where he was found in possession of a cell phone which contained over 80 images of child pornography.
“Crimes against children are among the most heinous types of offenses and deserving of the most significant sentences,” said Acting U.S. Attorney Coody. “Those who seek to view and maintain child pornography facilitate the abuse of children by those who produce and profit from this illegal content, which is robbing so many of our children of their innocence and their very childhood.”
Astologo’s prison sentence will be followed by lifetime of supervised release. He will also be required to register as a sex offender and will be subject to all sex offender conditions.
“Obviously he did not learn the first time, as this child predator is a repeat offender and will be returning to prison thanks to the law enforcement partnership between HSI and the Alachua County Sheriff’s Office,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips.
The case was investigated by the Alachua County Sheriff’s Office and Homeland Security Investigations. Assistant United States Attorney Frank Williams prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Franklin County Man Sentenced to 190 Months for Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Robert Fitzgerald, age 83, of the Town of Waverly, New York, was sentenced yesterday to 190 months in prison for possessing child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
In pleading guilty, Fitzgerald admitted that between February and April 2018, he videorecorded himself engaging in sexually explicit conduct with a minor, and that he possessed these videos on August 9, 2019.
This case was investigated by HSI and the New York State Police, and was prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal 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 https://www.justice.gov/psc.
Four men illegally crossing the Rio Grande indicted for claiming to be minorsRead the Press Release
McALLEN, Texas – A federal grand jury has returned four indictments against non-citizen adults for falsely claiming they were under the age of 18, announced Acting U.S. Attorney Jennifer Lowery.
The separate, but similar indictments charge Fernando Antonio Flores-Galvez, 19, Jose Alfredo Sandoval-Hernandez, 23, Osmin Trochez-Miranda, 24, all from Honduras; and Sergio Galindo Chun-Cucul, 23, Guatemala. Originally charged by complaint and in custody, they are expected to make appearances before a magistrate judge in the near future.
Each of the charges indicate the men had illegally crossed the Rio Grande. They then allegedly claimed to be minors so they could be released into United States. The charges further allege each man had used false documents with incorrect birth dates in an attempt to convince authorities they were under the age of 18.
Flores-Galvan and Sandoval-Hernandez were arrested as they attempted to enter the United States April 21, while law enforcement took Trochez-Miranda and Chun-Cucul into custody April 28 and May 3, respectively.
If convicted, each face up to five years in prison as well as a possible $250,000 maximum fine.
Border Patrol conducted the investigation. Assistant U.S. Attorney E. Paxton Warner is prosecuting the cases.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Four Charged with Trafficking Oxycodone and Counterfeit Pills Containing FentanylRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that four men were arrested today on federal charges related to the distribution of oxycodone pills, counterfeit pills containing fentanyl, and other drugs in the Hartford area.
Each of the following individuals is charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, controlled substances:
REY URENA, also known as “Rueben,” 21, of Waterbury
YAN REYES, 34, a citizen of the Dominican Republic residing in Hartford
RAMON VARGAS, 20, of Hartford
JOSE LORA, 27, of HartfordReyes, Vargas and Lora are also charged with possession with intent to distribute, and distribution of, controlled substances. The four defendants are in custody and detention hearings are scheduled, beginning May 21.
As alleged in court documents and statements made in court, the DEA Tactical Diversion Squad and the FBI Northern Connecticut Gang Task Force have been investigating the distribution of oxycodone pills, counterfeit oxycodone pills containing fentanyl, and other drugs from neighborhood grocery stores in New Britain and Hartford. Between January 2020 and March 2021, investigators made several controlled purchases of illegal pills at the Washington Market, formerly located at 453 Washington Street in Hartford; JZ Tobacco, located at 25 New Britain Avenue in Hartford, and Prestige Market, located at 23 New Britain Avenue in Hartford. Urena supervised the illegal enterprise, Reyes and Vargas sold pills from JZ Tobacco and Prestige Market, and Lora served as a runner and lookout for the organization.
It is further alleged that, on December 20, 2020, investigators stopped a vehicle registered to Urena and found approximately 4,000 oxycodone pills and $51,000 in cash in a hidden “trap” beneath the front passenger seat of the car.
In connection with today’s arrests, investigators executed multiple search warrants. It is alleged that a search of an apartment on Colonial Street in Hartford that was used by the drug trafficking organization revealed approximately one kilogram of suspected cocaine, approximately one kilogram of suspected fentanyl or heroin, more than 5,000 real and counterfeit oxycodone pills, approximately 2,000 xanax pills, items used to process and package narcotics, and two handguns. A search of Urena’s residence in Waterbury revealed approximately $54,000.
Acting U.S. Attorney Boyle stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, East Windsor, Hamden, Meriden, New Britain, West Haven and Watertown Police Departments. 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 John T. Pierpont, Jr.
Former Chesapeake OB/GYN Sentenced to 59 Years in PrisonRead the Press Release
NORFOLK, Va. – A former Chesapeake doctor was sentenced today to 59 years in prison after a jury convicted him on 52 counts of health care fraud and other charges arising from his performance of irreversible hysterectomies, improper sterilizations, and other medically unnecessary surgeries and procedures on his patients over a decade.
According to court records and evidence presented at trial and at sentencing, Javaid Perwaiz, approximately 71 years old, an obstetrician-gynecologist (OB/GYN) who practiced in Hampton Roads since the 1980s, executed a scheme to defraud health insurance programs between at least 2010 and 2019. During that period, Perwaiz caused approximately $20.8 million dollars in losses to private and government health care insurers for irreversible hysterectomies and other surgeries and procedures that were not medically necessary for his patients. In many instances, Perwaiz would falsely tell his patients that they needed the surgeries because they had cancer, or to avoid cancer, in order to induce them to agree to the surgeries. Many of the surgeries occurred within days of the false diagnoses.
“Motivated by his insatiable and reprehensible greed, Perwaiz used an arsenal of horrifying tactics to manipulate and deceive patients into undergoing invasive, unnecessary, and devastating medical procedures,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “These fraudulent and destructive surgeries caused irreversible damage to the victims. In many instances, the defendant shattered their ability to have children by using fear to remove organs from their bodies that he had no right to take. Despite having to endure immeasurable physical and emotional pain, the victims showed resilience, strength, and courage by speaking out and sharing their stories to hold the defendant accountable for his heinous crimes. While no prosecution can undo the lifelong trauma that Perwaiz cruelly inflicted on his patients, today’s sentence ensures that the victims and their families have the last word.”
“This individual not only defrauded our healthcare system out of millions of dollars, he did so by performing unnecessary surgeries on women and putting their health and safety at risk,” said Mark R. Herring, Attorney General of Virginia. “Doctors should never take advantage of the trust that their patients put in them, and those who do should be held accountable. I want to thank my team for their hard work on this case and I also want to thank our local, state, and federal partners for their ongoing collaboration and partnership on this and other important cases.”
“Today’s sentence is a significant step toward justice for the women Perwaiz preyed upon and harmed through his deception, betrayal, and greed,” said Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office. “The FBI is committed to stopping predators like Perwaiz who abuse their position of trust, but this outcome was ultimately made possible by the brave victims and nurses who deserve our gratitude for coming forward and exposing his horrible criminal conduct.”
“When unscrupulous healthcare providers such as Perwaiz put greed above patient care, they not only violate public trust, they stain the profession.” said Christopher W. Dillard, Special Agent in Charge of the Defense Criminal Investigative Service’s Mid-Atlantic Field Office. “DCIS is committed to working alongside our investigative partners in rooting out criminal malpractice and bringing to justice those who put the public and community at risk.”
The evidence also demonstrated that Perwaiz falsified records for his obstetric patients so that he could induce their labor early, prior to the recommended gestational age that minimizes risk to the mother and baby, to ensure he would be reimbursed for the deliveries. Perwaiz also violated the 30-day waiting period Medicaid requires for elective sterilizations by submitting backdated forms to falsely make it appear as if he had complied with the waiting period. Perwaiz billed insurance hundreds of thousands of dollars for diagnostic procedures that he only pretended to perform at his office.
The witnesses at trial included more than 25 former patients, some of whom testified to the complications they continue to endure as a result of the unnecessary surgeries Perwaiz performed. In addition, the Court received over 60 Victim Impact Statements and the FBI received hundreds of tips through its hotline concerning Perwaiz’s actions. Witnesses also included nurses who worked at the hospitals where Perwaiz performed his surgeries, who testified that they repeatedly complained about his practices to their supervisors.
On November 9, 2020, a federal jury convicted Perwaiz of 52 counts of health care fraud and false statements. In total, Perwaiz was responsible for $20.8 million worth of false and fraudulent billings for both himself and the hospitals where he performed the surgeries.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; Chris Dillard, Special Agent in Charge for the Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office; and Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services, made the announcement after sentencing by Senior U.S. District Judge Rebecca Beach Smith.
Assistant U.S. Attorneys Elizabeth Yusi, E. Rebecca Gantt, and John F. Butler prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-189.
Florida Man Pleads Guilty to Tax OffensesRead the Press Release
BOSTON – A Florida man pleaded guilty last week in federal court in Springfield to tax offenses.
Cory Kizer, 39, pleaded guilty to one count of conspiracy to commit wire fraud and eight counts of theft of public money. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Oct. 6, 2021.
Kizer admitted to obtaining personal identifying information for the purpose of filing false federal tax returns and obtaining unwarranted tax refunds. The tax returns contained false addresses, wages and salaries, employers, dependents, business and loss information. The false returns generated a total of over $550,000 of unwarranted tax refunds.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of theft of public money provides for a sentence of up to 10 years in prison, 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 Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorneys Alex J. Grant and Catherine Curley of Mendell’s Springfield Branch Office are prosecuting the case.
Five Members of a Violent Austin Area Criminal Faction Sentenced to Federal Prison for RICO ConspiracyRead the Press Release
AUSTIN – A federal judge in Austin today sentenced five individuals, including ringleader Beronica Rodriguez, aka Black Widow, Queen B and Baby B, to federal prison for their roles in a racketeering conspiracy that involved murder, carjacking, kidnapping, home invasion robberies, identity theft and drug trafficking.
U.S. District Judge Lee Yeakel issued the following sentences:
- Beronica Rodriguez, age 42, received 336 months of imprisonment followed by five years of supervised release;
- Leon Castillo, aka Big Moe, age 34, received 276 months of imprisonment followed by five years of supervised release;
- Thomas Cisneros Jr., aka T, age 27, received 360 months of imprisonment followed by five years of supervised release;
- Gloriana Vega, aka Baby G, age 23, received 108 months of imprisonment followed by five years of supervised release; and
- Jacqelynn Aleman, aka Jackie, age 24, received 60 months of imprisonment followed by three years of supervised release.
“This opportunistic group used any means at their disposal to prey on our community for their own personal enrichment. The streets and homes of central Texas are safer now that these callous and violent offenders have been held accountable for their criminal enterprise,” said U.S. Attorney Ashley C. Hoff. “We hope these federal prison sentences will bring a certain measure of justice for the victims.”
All five defendants pleaded guilty to conspiracy to violate the Racketeering Influenced Corrupt Organization (RICO) statute. According to court records, the defendants were part of a group responsible for numerous violent crimes in the Austin area to include an armed home-invasion robbery in Georgetown on October 18, 2016, during which several firearms were stolen. One of the stolen firearms was used in the assault, kidnapping and murder of an individual on October 30, 2016. The murder victim’s body and vehicle were then set on fire.
In November 2016, members of the group were responsible for a string of crimes that included an attempted carjacking wherein a woman and her small child were shot at; an armed home-invasion robbery of an elderly woman; another armed home-invasion resulting in a woman being restrained and assaulted; and a carjacking at gunpoint of a man who was restrained and robbed by members of the group.
“The FBI would like to thank the U.S. Attorney’s Office, Austin Police Department, Texas Department of Public Safety and the Bastrop, Travis and Williamson County Sheriffs’ Offices for their partnership and unyielding dedication to work the long, hard hours required for this very complex investigation,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “As a result of our collective efforts, members of this criminal organization will no longer plague and terrorize our communities in central Texas with their brazen acts of violence, drug trafficking, and kidnapping.”
The FBI, Austin Police Department, Travis County Sheriff’s Office, Texas Department of Public Safety, Bastrop County Sheriff’s Office and the Williamson County Sheriff's Office investigated this RICO case. Assistant U.S. Attorneys Matt Harding, Keith Henneke, Dan Guess and Robert Almonte prosecuted this RICO case.
###
Federal jury convicts defendant on gun, drug charges in Southern District’s first post-COVID-19 trialRead the Press Release
AUGUSTA, GA: In the first post-pandemic jury trial held in the Southern District of Georgia, a previously convicted felon has been found guilty on gun and drug charges.
Michael Venetez McRae, 36, of Augusta, was found guilty after a two-day jury trial before U.S. District Court Chief Judge J. Randal Hall on charges of Possession of a Firearm and Ammunition by a Convicted Felon, and Possession of Cocaine, said Acting David H. Estes, U.S. Attorney for the Southern District of Georgia. The conviction exposes McRae to a possible statutory penalty of more than 10 years in prison, followed by a period of supervised release.
There is no parole in the federal system.
“During the precautionary partial shutdowns of the COVID-19 pandemic, our office and our law enforcement partners continued to investigate and prosecute cases in the Southern District,” said Acting U.S. Attorney Estes. “As key health indicators have improved, we welcome the return of jury trials as a vital part of the judicial process.”
The first jury in the Southern District to meet since the March 2020 start of COVID-19 restrictions found McRae guilty on all counts of the September 2019 indictment in which he was charged. Jurors deliberated for less than 30 minutes to convict McRae, who acted as his own attorney during the trial.
Richmond County Sheriff’s deputies arrested McRae on Jan. 5, 2019, during a call for a domestic disturbance at an Augusta residence. Deputies found McRae in possession of a bag of powder cocaine and a bag of “crack” cocaine, along with a loaded magazine and a .380 caliber semiautomatic pistol. As a previously convicted felon, McRae is prohibited from possessing a firearm or ammunition.
McRae will be sentenced at a later date.
The case was investigated by the Richmond County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and prosecuted for the United States by Assistant U.S. Attorneys Tara M. Lyons and Jennifer A. Stanley, with assistance from Litigation Technologist Dean Athanasopoulos.
Eight Brooklyn Individuals Charged with Multi-Million Dollar Covid-19 Relief FraudRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Bryan Abraham, Carlos Vazquez, Angel Cabrera, Armani Miller, Johan Santos, Gianni Stewart, Andre Ruddock and Seth Golding with conspiracy to commit access device fraud in connection with a scheme to obtain millions of dollars in unemployment insurance benefits funded, in whole or in part, by COVID-19 pandemic assistance programs. Six defendants were arrested this morning and will make their initial appearance this afternoon before United States Magistrate Judge Ramon E. Reyes. Miller and Santos remain at large.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York; Philip R. Bartlett, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS); Nikitas Splagounias, Acting Special Agent-in-Charge, U.S. Department of Labor, Office of Inspector General, New York Region (DOL-OIG); and Roberta Reardon, Commissioner, New York State Department of Labor (NYS DOL), announced the arrests and charges.
“As alleged, the defendants not only fraudulently obtained $2 million in pandemic-related unemployment benefits using information from third-party victims, they audaciously displayed the proceeds of their fraud – large amounts of stolen cash – on social media,” stated Acting United States Attorney Lesko. “This Office will not hesitate to bring the full weight of the law against defendants who would pocket public funds that are intended to alleviate the hardship of others.” Mr. Lesko also expressed his grateful appreciation to the New York City Police Department for their assistance during the investigation.
“Unfortunately, as the government rolled out various CARES Act programs, fraudsters were ‘At the Ready’ to take full advantage of these programs through a variety of fraud schemes, ripping off the American public of millions in taxpayer dollars, and clogging the system for those who honestly are in need. These arrests are an example of the commitment of law enforcement to bring those to justice for scamming the system” stated USPIS Inspector-in-Charge Bartlett.
“An important mission of the Office of Inspector General is to investigate allegations relating to pandemic-related unemployment benefits. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated DOL-OIG Acting Special Agent-in-Charge Splagounias.
“There is never an excuse to knowingly commit fraud and steal from a system that was designed to help New Yorkers in a time of need,” stated NYS DOL Commissioner Reardon. “However, it’s even more despicable when these thieves steal a lifeline from New Yorkers in the midst of a public health pandemic. We have no tolerance for criminals, and if you break the law, you will be held accountable. I commend our partners in the U.S. Attorney’s Office and all levels of law enforcement for their commitment to helping us fight Unemployment Insurance fraud.”
In response to the COVID-19 pandemic, Congress has enacted laws to establish programs and provide additional funding for unemployment insurance benefits for unemployed persons. These include the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, which created programs for pandemic unemployment assistance and federal pandemic unemployment compensation.
As alleged in the complaint, between June 2020 and April 2021, the defendants submitted fraudulent claims to the New York State Department of Labor for unemployment insurance benefits. They used the personal identifying information of third-party victims to fraudulently receive unemployment insurance benefits funded, in whole or in part, by COVID-19 pandemic assistance programs. The defendants’ scheme allegedly resulted in approximately $2 million in unemployment benefits being distributed to the defendants and others. Cabrera, Golding, Stewart and Vazquez posted photos of themselves on social media in which they were holding and fanning out large sums of cash.
The charges in the complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Tara McGrath is in charge of the prosecution with assistance from Assistant United States Attorney Brendan G. King of the Office’s Asset Forfeiture Section.
The Defendants:
BRYAN ABRAHAM
Age: 18
Brooklyn, New YorkCARLOS VASQUEZ
Age: 20
Brooklyn, New YorkANGEL CABRERA
Age: 18
Brooklyn, New YorkARMANI MILLER
Age: 24
Brooklyn, New YorkJOHAN SANTOS
Age: 19
Brooklyn, New YorkGIANNI STEWART
Age: 19
Brooklyn, New YorkANDRE RUDDOCK
Age: 25
Brooklyn, New YorkSETH GOLDING
Age: 18
Brooklyn, New YorkE.D.N.Y. Docket No. 21-MJ-593
Dominican National Sentenced for Stealing Government Benefits and Making False StatementRead the Press Release
BOSTON – A Dominican national, formerly residing in Lynn, was sentenced today in federal court in Boston for theft of government money and making a false statement on an application for Social Security benefits.
Rafael Bautista Abreu, 63, was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 18 months in prison and two years of supervised release. Bautista Abreu was also ordered to pay restitution of $15,840 to MassHealth and of $12,222 to the Massachusetts Department of Transitional Assistance. Bautista Abreu will face deportation proceedings upon completion of his sentence.
In February 2021, Bautista Abreu pleaded guilty to two counts of theft of government money and one count of making a false statement on an application for Social Security benefits.
Bautista Abreu unlawfully used the identity of a U.S. citizen for at least 12 years, during which time he fraudulently received public assistance benefits to which he was not entitled. He stole approximately $15,840 in MassHealth benefits from October 2008 to July 2016, and $12,222 in Supplemental Nutrition Assistance Program (SNAP) benefits (previously known as Food Stamps) from September 2009 to July 2016. Additionally, in July 2019, Bautista Abreu used the stolen identity when he applied for benefits with the Social Security Administration.
Acting United States Attorney Nathaniel R. Mendell; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit prosecuted the case.
Dominican Congressman Charged with International Cocaine Trafficking Arrested at Miami International AirportRead the Press Release
Miami, FL – Last night, federal law enforcement officers arrested a foreign elected official charged in the United States with drug trafficking, following the official’s international flight from the Dominican Republic to Miami.
Fifty-eight-year-old Miguel Andres Gutierrez Diaz, of Santiago, is an elected member of the Chamber of Deputies of the Dominican Republic. According to the indictment returned by a Miami federal grand jury on March 11, 2021, from about 2014 to 2017, Congressman Gutierrez Diaz was part of a transnational drug ring that operated in the Dominican Republic, Colombia, and the United States. The federal indictment charges Gutierrez Diaz and others with three counts: conspiring to distribute cocaine, knowing that it would be imported into the United States; conspiring to import cocaine into the United States; and conspiring to possess with the intent to distribute cocaine. If convicted, Gutierrez Diaz faces up to life imprisonment.
Gutierrez Diaz will make his initial federal court appearance today at 2:00 p.m. before United States Magistrate Judge Alicia Otazo-Reyes, who sits in Miami.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and La Verne J. Hibbert, Acting Special Agent in Charge, United States Drug Enforcement Administration (DEA), Miami Field Division, announced the charges and arrest.
DEA Miami investigated the case, with assistance from the Criminal Division’s Office of International Affairs, DEA Santo Domingo Country Office, Internal Revenue Service, Criminal Investigations (IRS-CI), Miami Field Office, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, and U.S. Customs and Border Protection, Miami Office of Field Operations. Assistant U.S. Attorneys Richard Getchell and Ellen D’Angelo of the International Narcotics and Money Laundering Section in the Southern District of Florida are prosecuting the case.
The U.S. Attorney’s Office and its federal partners commend the Office of the Presidency of the Dominican Republic and the Dirección Nacional de Control de Drogas (DNCD) for their cooperation in this investigation.
This prosecution is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
An indictment merely contains allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://pacer.flsd.uscourts.gov.
###
Doctor’s Employee Admits Role in $24.8 Million Kickback SchemeRead the Press Release
TRENTON, N.J. – The employee of a Jersey City, New Jersey, doctor today admitted her role in a multimillion-dollar conspiracy to solicit and receive kickbacks and bribes from individuals associated with a Union City, New Jersey pharmacy, Acting U.S. Attorney Rachael A. Honig announced.
Yudelka “Vicky” Ayala, 42, of Jersey City, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging her with conspiring to violate the federal anti-kickback statute.
The information alleges that Ayala conspired with six individuals associated with Prime Aid Pharmacy, three of whom were previously charged by superseding indictment: Samuel “Sam” Khaimov and Yana Shtindler, both of Glen Head, New York; and Ruben Sevumyants, of Marlboro, New Jersey. Ayala’s other alleged conspirators included Igor Fleyshmakher, of Holmdel, New Jersey, and Alex Fleyshmakher, of Morganville, New Jersey, who each previously pleaded guilty for their roles in the conspiracy; and Eduard “Eddy” Shtindler, of Paramus, New Jersey, who previously pleaded guilty in a related kickback conspiracy. Their respective sentencings are pending.
According to documents filed in this case and statements made in court:
Ayala worked at a doctor’s office in Jersey City and developed a long-standing and illegal kickback relationship with several individuals associated with the Prime Aid Pharmacies – now closed – which operated as “specialty pharmacies” in Union City, New Jersey, and Bronx, New York. As “specialty pharmacies,” they processed expensive medications used to treat various conditions, including Hepatitis C, Crohn’s disease, and rheumatoid arthritis. Khaimov was a co-owner of Prime Aid Union City and the lead pharmacist of Prime Aid Bronx. Khaimov’s wife, Yana Shtindler, was Prime Aid Union City’s Administrator, and Sevumyants was Prime Aid Union City’s operations manager. Eddy Shtindler, Yana Shtindler’s brother, was a Prime Aid Union City employee. Alex Fleyshmakher worked at Prime Aid Union City and was an on-paper owner of Prime Aid Bronx. His father, Igor Fleyshmakher, was the other co-owner of Prime Aid Union City.
In order to obtain a higher volume of prescriptions from the doctor’s office where Ayala worked, Khaimov, Yana Shtindler, Igor Fleyshmakher, Alex Fleyshmakher, Sevumyants, Eddy Shtindler, and other Prime Aid employees paid Ayala kickbacks and bribes to induce her to steer prescriptions to Prime Aid Union City. From 2008 to August 2017, these bribes included expensive meals, designer bags, and payments by cash, check, and wire transfers. In total, Ayala accepted bribes and kickbacks totaling at least $219,060. The prescriptions that were steered to Prime Aid Union City as part of the scheme resulted in Medicare and Medicaid payments to the pharmacy of approximately $24.8 million.
The conspiracy to which Ayala pleaded guilty carries a maximum penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 20, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller, under the direction of Acting Comptroller Kevin Walsh, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit of the U.S. Attorney’s Office in Newark.
The charges and allegations contained in the information pertaining to Khaimov, Yana Shtindler, and Sevumyants are merely accusations, and those three defendants are presumed innocent unless and until proven guilty.
Denton County Woman Sentenced for Student Loan FraudRead the Press Release
PLANO, Texas – A Denton, Texas, woman has been sentenced for student loan fraud in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Tiffany O’Neal, 47, pleaded guilty on Nov. 19, 2020, to student loan fraud and was sentenced to five years of federal probation and ordered to pay restitution in the amount of $234,113.00 by U.S. District Judge Sean D. Jordan on May 17, 2021.
“Funds earmarked for student financial aid provide critical educational and professional opportunities for students,” said Acting U.S. Attorney Nicholas J. Ganjei. “The Eastern District of Texas is committed to ensuring that those funds serve that purpose. However, when those funds are diverted or stolen, this case shows that EDTX, along with its law enforcement partners, will take action and hold those responsible.”
“Ms. O’Neal knowingly and willfully abused her position of trust for personal gain and in doing so, defrauded the school, the Federal student aid program, and America’s taxpayers. She’ll now be held accountable for her criminal actions,” said Edd Cole, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s (OIG) Southwestern Regional Office. “OIG Special Agents will continue to work with our law enforcement partners to aggressively pursue those who seek to enrich themselves with Federal education funds. America’s students, their families, and taxpayers deserve nothing less.”
According to court documents, between 2012 and 2017, O'Neal was both a student at the University of North Texas as well as an employee in their financial aid office. In this role, she had the ability to approve and reject financial aid awards and grants. During this time, she submitted fictitious expenses relating to her husband's financial aid application, approved financial aid awards to her husband to which he was not otherwise entitled, and awarded monetary grants to her husband that he should not have received. In addition, she fraudulently obtained additional funds in her own financial aid packages. In sum, she misappropriated approximately $230,000 in funds that were earmarked for federal financial aid grants.
This case was investigated by the Department of Education Office of Inspector General and prosecuted by the Plano office of the United States Attorney’s Office for the Eastern District of Texas.
Childersburg Woman Sentenced to Two Years in Prison for Wire FraudRead the Press Release
BIRMINGHAM, Ala. – A Childersburg woman was sentenced today for engaging in a wire fraud scheme, announced U.S. Attorney Prim F. Escalona, and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Annemarie Axon sentenced Tonya Bird Swain, 43, to 24 months in prison followed by three years of supervised release for wire fraud. Swain was also ordered to pay restitution in the amount of $532,724.48 to the victim. Swain pleaded guilty to the charges in January.
According to the plea agreement, Swain embezzled over $500,000 from her former employer, Recycle USA. Swain was employed as the Controller and/or Accounts Manager. She was responsible for ordering, receiving, and disbursing cash for company operations, and for making accounting entries in QuickBooks. On multiple occasions between 2015 and 2017, Swain ordered funds to be delivered via Loomis to Recycle USA. Swain manipulated QuickBooks entries and did not put all the cash in the vault, but instead kept the cash and used it to pay personal expenses.
“This defendant violated the trust bestowed upon her by her employer,” U.S. Attorney Escalona said. “This sentence sends a message that such schemes to defraud will result in federal prosecution and prison time.”
“Swain violated her employer’s trust when she defrauded them and went to great lengths to conceal her criminal activity,” SAC Sharp said. “This behavior is a serious federal crime and simply won’t be tolerated.”
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark prosecuted.
Chester County Accountant Sentenced for Fraud SchemeRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Christopher May, 32, of Paoli, PA, was sentenced to one year and four months in prison, and two years of supervised release by United States District Judge Timothy J. Savage for engaging in an embezzlement scheme through which he stole more than $1.2 million from his former employer.
In February 2021, the defendant pleaded guilty to two counts of wire fraud stemming from this scheme which he perpetrated over the course of about eight months. From roughly October 2019 until May 2020, while employed as a staff accountant at a local e-commerce automotive parts retailer based in Paoli, PA, May made more than 50 unauthorized Paypal transfers of his employer’s funds into his personal accounts. In total, he stole $1,213,500. He immediately spent nearly this entire amount gambling on sports and making payments to pornographic web camera models whom he met on the internet.
To hide and prolong his fraud, the defendant doctored his employer’s bank statements and created fake financial records. He abruptly resigned from his position in June 2020, after an audit at the company raised questions about discrepancies in these documents.
As part of the Court’s sentence, the defendant will be required to pay back all the money that he stole from his employer. When released from prison, May will also be required to attend mental health treatment to address underlying issues that may have contributed to his crimes.
“Our Office takes offenses like embezzlement and financial fraud very seriously,” said Acting U.S. Attorney Williams. “The defendant stole more than a million dollars by abusing his position handling finances for his former employer. We will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by this type of fraud.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
Central Illinois Man Charged with Four April 2021 RobberiesRead the Press Release
PEORIA. Ill. – A grand jury today indicted a Central Illinois man, John W. Beck, 54, of Mechanicsburg, Ill., for allegedly committing four robberies over a two-week period in April 2021.
The indictment alleges that Beck committed four robberies in three Central Illinois counties from April 8 to April 20, 2021. The robberies include the April 8, 2021 robbery of the Dollar General in Buffalo, Ill., in Sangamon County; robbery of the Odell Bank, Odell, Ill., in Livingston County, on April 9, 2021; robbery of the Fast Stop Store, also in Odell, Ill., on April 17, 2021; and, the armed bank robbery of Elmwood Community Bank, in Elmwood, Ill, Peoria County, on April 20, 2021.
Beck was arrested in Springfield, Ill. on April 21, 2021 on warrants issued by Livingston County and the Illinois Department of Corrections. He has remained in the custody of law enforcement in Livingston County. His date for appearance in federal court has not been set.
If convicted, the maximum statutory penalties for the alleged crimes charged are up to 25 years in prison for armed bank robbery (one count) and up to 20 years in prison for two counts of interference with commerce by robbery, known as the Hobbs Act, and one additional count of bank robbery.
Agencies participating in the investigation include the FBI-Springfield Division; the U.S. Marshals Service; the sheriffs’ offices for Livingston, Edgar, Sangamon, Peoria and DeWitt counties, the Springfield Police Department, and the Elmwood Police Department. Supervisory Assistant U.S. Attorney Darilynn J. Knauss is representing the government in the prosecution.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Cattle Fraud Scheme Resulted in Two MurdersRead the Press Release
KANSAS CITY, Mo. – A Braymer, Missouri, man was indicted by a federal grand jury today for a $215,000 cattle fraud scheme that he attempted to cover up by murdering two Wisconsin brothers.
Garland Joseph Nelson, 27, was charged in an indictment returned by a federal grand jury in Kansas City, Mo.
The indictment charges Nelson with one count of mail fraud for a scheme in which he allegedly shot and killed two men whom he had defrauded of $215,000 in a cattle contract. Nelson has been charged with two counts of murder in a separate state case that is scheduled for trial in June 2022.
According to the indictment, Nelson – an employee of J4s Farm Enterprises, Inc., a business started by his mother – agreed to care for cattle belonging to Diemel’s Livestock, LLC, located in Shawano County, Wisconsin. Nicholas and Justin Diemel were principals in Diemel’s Livestock, which invested and traded in cattle and other livestock. Nelson agreed to feed and pasture the cattle, then sell the cattle and send Diemel’s Livestock the proceeds (minus the costs of raising the cattle).
The Diemels sent several loads of cattle to Nelson from November 2018 through April 2019. Nelson sold some loads of cattle and paid the Diemels. However, Nelson allegedly sold, traded, and/or killed many of the Diemels’s cattle without remitting the payments to the Diemels. Nelson continued to fraudulently bill the Diemels for feed and yardage for cattle that had been sold, traded, or had died.
Nelson, the indictment says, did not properly care for cattle due to incompetence, neglect, or maltreatment. Cattle entrusted to Nelson had high death rates dues to underfeeding, neglect, and/or maltreatment. Nelson fed cattle inadequately and poorly. For example, he dropped hay bales in a pasture for calves but did not remove the plastic covering so that calves ate the plastic and died. In another example, in December 2018, Nelson was entrusted with feeding and caring for 131 calves he co-owned with a Kansas farmer. On May 23, 2019, Nelson dropped off 35 calves at the co-owner’s farm in Kansas, apparently all that survived of the 131. Of the surviving 35 calves, many were emaciated and had ringworm. Some calves had their ears torn as though identifying ear tags had been removed.
Throughout the spring of 2019, Nicholas Diemel pressed Nelson for payment for his cattle. He sent no more loads of cattle to Nelson while he awaited his payment.
To deprive the Diemels of their cattle or their money and to prevent them from recovering either their cattle or their money, in June 2019 Nelson fraudulently sent the Diemels a bad check for $215,936 while the account had a balance of 21 cents. The check had been intentionally torn and damaged so that it could not be submitted for payment.
Nicholas Diemel determined to come to Missouri to retrieve his money. On July 17, 2019, Nicholas Diemel bought two round-trip airline tickets from Milwaukee to Kansas City. On July 20, 2019, Nicholas and Justin Diemel arrived in Kansas City and rented a pickup truck from Budget.
On July 21, 2019, the Diemels drove their rental truck to Nelson’s mother’s farm in Braymer, the indictment alleges, where Nelson killed them both and attempted to dispose of their bodies.
Today’s indictment also contains a forfeiture allegation, which would require Nelson to forfeit to the government any property obtained from the proceeds of the alleged fraud scheme, including $215,936.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by the FBI, the U.S. Department of Agriculture – Office of Inspector General, the Caldwell County, Mo., Sheriff’s Department, the Bourbon County, Kan., Sheriff’s Department, and the Missouri State Highway Patrol.
California man sentenced to 21 months in prison for assaulting federal officersRead the Press Release
ALBUQUERQUE, N.M. – Ivan Allen, 40, of Moreno Valley, California, was sentenced on May 17 in federal court to 21 months in prison for assaulting federal officers. Allen was indicted on April 24, 2019, and pleaded guilty on Nov. 14, 2019.
Allen, who is non-Indian, assaulted two officers of the Pueblo of Laguna Tribal Police Department, who are commissioned as Special Law Enforcement Officers by the Bureau of Indian Affairs’ Office of Justice Services. Allen committed the offense on March 26, 2019, on the Pueblo of Laguna in Cibola County, New Mexico.
In his plea agreement, Allen admitted that on March 26, 2019, he was driving eastbound on Interstate 40 at a high rate of speed with the headlights of his vehicle off. An officer with the Pueblo of Acoma Police Department attempted to conduct a traffic stop, but Allen increased his speed and fled. Allen hit a concrete barrier and two officers with the Pueblo of Laguna Police Department responded to the scene. The officers used their public address system to command Allen to step out of his vehicle, which he initially ignored. Eventually, Allen complied with the officers’ commands. Upon reaching one of the police vehicles, Allen stiffened and fell backward onto the vehicle. When the officers approached Allen to render assistance, Allen began to fight the officers. After almost ten minutes of resistance, Allen was subdued and arrested.
Upon his release from prison, Allen will be subject to three years of supervised release.
The FBI’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs and Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorneys Raquel Ruiz-Velez and Kyle T. Nayback prosecuted the case.
CEO of San Diego Startup Sentenced for Bilking more than $1.5 Million from his CompanyRead the Press Release
Assistant U. S. Attorney Michelle L. Wasserman (619) 546-8431
NEWS RELEASE SUMMARY – May 17, 2021
SAN DIEGO – Jeffrey Fildey, founder and former CEO of San Diego startup GoFormz Inc., was sentenced in federal court today to 51 months in custody for embezzling more than $1.5 million from the company he co-founded.
According to court records, at the time of Fildey’s crime, GoFormz had had raised several rounds of outside funding and appeared to be a start-up success story. Fildey stole the funds despite earning a six-figure salary, and used the stolen funds to support a luxurious lifestyle, including the purchase of a $20,000 diamond ring, fancy vacations, an Audi, and recurring transfers to a woman with whom he was having an extramarital affair. According to public records, GoFormz Inc., founded in 2012, is a San Diego company that provides online mobile forms.
According to Fildey’s plea agreement and court records, beginning on or before September 30, 2015, and continuing through August 12, 2017, Fildey used various methods to defraud GoFormz. His deceptive ways included obtaining loans, supposedly on the company’s behalf, but then taking the funds for himself; putting personal expenditures on GoFormz credit cards which the company then paid for; obtaining cash advances for himself on GoFormz credit cards; and simply stealing money directly from the company’s bank account.
Fildey took out a total of three unauthorized loans on behalf of GoFormz, totaling approximately $600,000, and transferred the funds to his personal bank account shortly after the loaned funds were transferred to GoFormz. In addition to the loans, Fildey withdrew over $700,000 in cash from the GoFormz bank account for his personal use and made over $2,600 in unauthorized purchases on the GoFormz corporate credit card.
According to Court records, the company discovered Fildey’s deception when its payroll bounced in July 2017, and the company realized it had only approximately $9,000 in its bank account. As a result of Fildey’s conduct, the company had to fire 12 of its 42 employees and its valuation plummeted.
“Small business is the lifeblood of our community,” stated Acting U.S. Attorney Randy Grossman. “In stealing from his business, Mr. Fildey stole from all those whose livelihoods depended upon the company. Embezzlement and fraud will be prosecuted to the full extent of the law.”
“The defendant’s gross abuse of power is shocking on two fronts,” said FBI Special Agent in Charge Suzanne Turner. “As CEO, he lined his own pockets with more than $1.5 million at the expense of the company he was charged with leading. As an employee of the company, he put the livelihoods of his fellow employees and the future of the company in peril. Let this serve as another reminder - corporate greed has no place in society and those who pursue such a path will face consequences.”
Fildey admitted in his plea agreement that as a result of his fraud, GoFormz lost $1,544,147. In addition to custody, Fildey was ordered to pay restitution of $1,345,897 and to forfeit $1,156,001. The defendant was immediately remanded into custody to begin serving his sentence.
DEFENDANT Case Number 20cr1917-LAB
Jeffrey Fildey Age: 56 Las Vegas, NV
SUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years in prison and $250,000 fine or twice the gross gain or loss from the offense, whichever is greater
AGENCY
Federal Bureau of Investigation
Buffalo Woman and Man Plead Guilty for Their Roles in Violent RobberiesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tiana Matias, 28, of Buffalo, NY, pleaded guilty before U.S. Magistrate Judge Jeremiah J. McCarthy to Hobbs Act Robbery. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine. In addition, Philip Purdue, 42, also of Buffalo, pleaded guilty to possessing and brandishing a firearm in furtherance of a crime of violence, which carries a mandatory minimum penalty of seven years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on February 19, 2019, defendant Matias placed a food delivery order with the Niagara Deli & Pizzeria utilizing *67 as a means to hide her telephone number. As the delivery driver (Victim A) arrived on Gorton Street in Buffalo, Matias texted co-defendant Jacob Melvin that the delivery driver was “outside.” Brandishing a firearm, Melvin approached Victim A and demanded money. Melvin then stole money and food from the delivery driver and ran into the area of 36 Hoffman Street in Buffalo. At 36 Hoffman Street, Buffalo Police Officers found the Matias and Melvin. Officers also located the stolen food inside the residence.
On March 1, 2019, defendant Purdue and co-defendant Jacob Melvin committed an armed robbery at Parkside Village, LLC, an apartment/housing complex on Shelley Court in Tonawanda, NY. Purdue and Melvin entered Shelley Court and proceeded to the leasing office. Melvin brandished a firearm at a tenant and a rental agent and started demanding money. Melvin then began taking money, checks, and money orders from inside a desk drawer. Melvin then demanded the leasing agent get up and face the wall. While he was up against the wall with a handgun pointed at him, Melvin stole the leasing agent’s wallet which contained cash. At one point during the robbery, Melvin dropped the money and Purdue came into the room to help him. Purdue, who operated as a lookout, noticed a video camera, pulled his hood up, grabbed a white rag, and started wiping down areas where he and Melvin touched. Purdue and Melvin then left on foot. The two men shared the stolen proceeds.
Hobbs Act Robbery and various firearm offenses remain pending against co-defendant Jacob Melvin. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The pleas are the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Tonawanda Police Department, under the direction of Chief James Stauffiger; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth; and the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci.
Matias is scheduled to be sentenced on August 16, 2021, at 12:30 p.m., and Purdue is scheduled to be sentenced on August 20, 2021, at 12:30 p.m. Both sentencings will be before U.S. District Judge Richard J. Arcara.
# # # #
Big Island man arrested on methamphetamine and firearm chargesRead the Press Release
HONOLULU – Jonathan Tai, 36, of Kurtistown, Hawaii, made his initial appearance yesterday in United States District Court in Honolulu on methamphetamine and firearm charges filed in a criminal complaint. United States Magistrate Judge Kenneth J. Mansfield ordered him detained pending a detention hearing on Thursday, May 20.
Judith A. Philips, Acting United States Attorney, said the appearance followed Tai’s arrest on May 14, 2021, at his residence in Kurtistown after execution of a search warrant for that location. According to court documents, law enforcement authorities recovered approximately 4,600 gross grams of a substance testing positive for methamphetamine from two mail parcels addressed to a post office box in Mountain View pursuant to a search warrant issued on May 4, 2021. No one picked up those parcels, but a review of video surveillance of the same post office showed an individual strongly resembling Tai previously picking up two other mail parcels, and Tai was also previously identified as an individual who received mail at the same post office box to which the searched mail parcels were addressed.
Law enforcement authorities obtained a search warrant for Tai’s Kurtistown residence and, on May 13, pursuant to that warrant, recovered 240 gross grams of a substance testing positive for methamphetamine, more than 2,600 rounds of ammunition, more than $100,000 in U.S. currency, and a bump-stock device allowing a shooter of a semi-automatic firearm to initiate a continuous firing cycle with a single pull of the trigger. Also recovered at the time of the search and Tai’s arrest were a semi-automatic handgun and five “ghost guns,” generally defined as unserialized firearms that are often sold through kits and assembled at home.
Tai is charged in the criminal complaint with one count of methamphetamine trafficking and one count of possessing the semi-automatic handgun during and in relation to the methamphetamine trafficking. If indicted and convicted on those charges, Tai faces a mandatory minimum term of imprisonment of ten years and a maximum penalty up to life imprisonment on the methamphetamine charge and, on the firearm charge, a mandatory term of five years in prison consecutive to the imprisonment on the drug charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Barrio Azteca Gang Member and Career Offender Sentenced to Federal PrisonRead the Press Release
EL PASO -- U.S. District Judge Kathleen Cardone today sentenced 40-year-old Barrio Azteca member and career offender William “Happy” Haywood of El Paso to 16 years in federal prison followed by five years of supervised release for conspiring to import and distribute methamphetamine and possession of a firearm by a person under indictment.
On February 19, 2020, Haywood pleaded guilty to one count of conspiracy to import a controlled substance, one count of importation of a controlled substance, one count of conspiracy to possess with intent to distribute a controlled substance and one count of possession with intent to distribute a controlled substance.
Judge Cardone sentenced Haywood to 15 years imprisonment on the drug charges. She also sentenced Haywood to two years imprisonment, with one year to run consecutive to the drug case, based on a supervised release revocation for possession of a firearm by a person under indictment. According to court records, Haywood was on supervised release for a period of three years for a federal firearms conviction when he committed the above drug offenses.
According to court records, Customs and Border Protection officers at the Fabens Port of Entry arrested Brian Kizer, a 46-year-old U.S. citizen living in Juarez, Mexico, on May 21, 2019, while attempting to smuggle approximately three pounds of crystal methamphetamine into the U.S. Kizer intended to deliver the methamphetamine to Haywood just as he had done on three prior occasions. The FBI then conducted an operation culminating in a controlled delivery to Haywood at his residence. Haywood paid Kizer about $3,600, then unsuccessfully attempted to dispose of the evidence just prior to being arrested by law enforcement.
U.S. Attorney Ashley C. Hoff and FBI Acting Special Agent in Charge Jeffrey Coburn made today’s announcement.
“Today’s sentencing shows the FBI’s resolve to target individuals that are bringing methamphetamine and other dangerous drugs into the El Paso area,” said FBI Acting Special Agent in Charge Coburn. “Today, along with our law enforcement partners, we have shown that distribution of this poisonous drug will not be tolerated and affirm our commitment in keeping our community safe.”
On the same day Haywood pleaded guilty to the charges, Judge Cardone sentenced Kizer to four years in federal prison followed by five years of supervised release and ordered him to pay a $250 fine after pleading guilty to conspiracy to import a controlled substance.
The El Paso FBI’s Safe Streets Task Force investigated this case. Task Force agencies include: FBI, U.S. Customs and Border Protection West Texas, Texas Alcoholic Beverage Commission, U.S. Bureau of Prisons, Homeland Security Investigations, El Paso Police Department, El Paso County Sheriff’s Office, Texas Department of Criminal Justice–Office of Inspector General, Socorro Police Department and the El Paso Independent School District Police Department. Assistant U.S. Attorney Michael Osterberg prosecuted this case.
###
Attorney General Launches Review to Reinvigorate the Justice Department’s Commitment to Access to JusticeRead the Press Release
U.S. Attorney General Merrick B. Garland today announced that the Justice Department will immediately begin work to reinvigorate its Office for Access to Justice and to restore the Justice Department’s role in leading efforts across government to seek and secure meaningful access to justice.
“Trust in the rule of law – the foundation of American democracy – depends upon the public’s faith that government seeks equal justice for all. That is the Justice Department’s core duty, and the mission upon which it was built. But without equal access to justice, the promise of equal justice under law rings hollow,” wrote Attorney General Garland in a memo to departmental leadership this afternoon.
The Attorney General directed the Justice Department’s leadership offices to immediately begin a review process that will engage all relevant stakeholders, both within the department and beyond. The review will initially explore, among other things, how the Justice Department and partners across federal, state, territorial, and tribal governments can alleviate entrenched disparities in our criminal justice system, address barriers to access in our immigration and civil legal systems, and advance health, economic, and environmental justice efforts. The Attorney General’s memo also charged Deputy Attorney General Lisa M. Monaco and Associate Attorney General Vanita Gupta with developing recommendations regarding the resources that will be required to reinvigorate the department’s Office for Access to Justice including a staffing strategy and placement within the department in light of its responsibilities.
The Attorney General will submit a detailed plan to the President for expanding the department’s role in leading access to justice initiatives across government within 120 days.
The Justice Department first launched an access to justice initiative in 2010. Building upon that important effort, the Office for Access to Justice was formally established in 2016 to plan, develop, and coordinate the implementation of access to justice policy initiatives of high priority to the department and the executive branch, including in the areas of criminal indigent defense and civil legal aid. However, during the prior administration, the office was effectively shuttered.
In addition to leading this strategic review within the Justice Department, Attorney General Garland will also help to lead access to justice initiatives across government as co-chair of the Legal Aid Interagency Roundtable, which the President reconvened today. That initiative will bring together more than two dozen federal departments and agencies to address the most pressing legal services challenges that low-income communities, communities of color, and many others across our country face today.
Attorney General Announces Task Force to Combat COVID-19 FraudRead the Press Release
WASHINGTON – U.S. Attorney General Merrick B. Garland, this week, directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance enforcement efforts against COVID-19 related fraud.
“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.
The federal government responded to the far-reaching economic impacts of the COVID-19 pandemic with critical COVID-19 relief to workers and businesses affected by the pandemic. There has already been extraordinary vigilance, across the federal government, to help ensure that those much-needed public funds make it to Americans who are depending on them to feed their families and keep their businesses open. While it is impossible to keep all those intent on carrying out illegal COVID fraud schemes from doing so, the Department of Justice and its partner agencies have already been working to hold hundreds of bad actors accountable.
The Task Force will augment and incorporate the existing coordination mechanisms within the Department and will continue to work in close coordination with other efforts underway throughout the federal government. It will work closely with the Department’s interagency partners to share information and insights gained from prior enforcement experience, in order to reduce the potential threat to the American people and COVID-19 relief, and will help agencies tasked with administering these significant relief programs increase their fraud prevention efforts by providing any appropriate information law enforcement learns about fraud trends and illicit tactics. Additionally, it will also bolster efforts to investigate and prosecute the most culpable domestic and international criminals, prevent the exploitation of government assistance for personal and financial gain, and recover stolen funds.
Organized and led by the Deputy Attorney General, the Task Force includes several entities within the Department of Justice, including the Criminal and Civil Divisions, the Executive Office for United States Attorneys, and the Federal Bureau of Investigation. Key interagency partners, such as the Department of Labor, the Department of the Treasury, the Department of Homeland Security, the Small Business Administration, the Special Inspector General for Pandemic Relief (SIGPR), the Pandemic Response Accountability Committee (PRAC), and others, have been invited to be part of the Task Force.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
#####
Atascosa Man Sentenced to Federal Prison for Coercing Minors into Performing Sexually Explicit ConductRead the Press Release
SAN ANTONIO – U.S. District Judge Fred Biery today sentenced 23-year-old Felipe Jesus Duron of Atascosa to 29 years in federal prison followed by 11 years of supervised release for coercing minors into engaging in sexually explicit conduct.
“Thanks to the efforts of our law enforcement partners and the prosecutor in this case, the defendant will no longer be able to commit such unspeakable acts against children,” said U.S. Attorney Hoff. “Today’s sentence reflects the seriousness of the defendant’s despicable conduct and shines a light on the strength of a 14-year-old victim who had the courage to report the defendant’s actions. I commend the social media platform and National Center for Missing and Exploited Children for bringing this matter to the attention of law enforcement.”
On July 14, 2020, Duron pleaded guilty to one count of coercion and enticement of a child, one count of production of child pornography, one count of receipt of child pornography and one count of extortion. According to court records, Duron used internet accessible devices between February 2019 and March 2019 to entice multiple minors, primarily ages 13 to 14, into sending nude photographs wherein they were engaged in sexually explicit conduct. Duron used those photographs to extort the minors, claiming he would release the sexually explicit photographs to their family and friends if they did not provide additional images of sexual activity. He also required them to enter real time video chat rooms where they were coerced into performing sexual acts for adult males as Duron watched.
“The sentence imposed today shows the U.S. Justice Department’s commitment to ensure the safety and innocence of our nation’s children,” said FBI Special Agent in Charge Christopher Combs, San Antonio Division. “The FBI and its law enforcement partners remain dedicated to protecting our nation’s future by ensuring our children can prosper where individuals like Duron do not threaten their welfare.”
The San Antonio FBI’s Crimes Against Children Task Force and the Texas Attorney General’s Office conducted this investigation. Duron has remained in federal custody since his arrest on October 5, 2019.
Assistant U.S. Attorney Bettina Richardson prosecuted this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
###
Arizona woman admits meth trafficking crimeRead the Press Release
BILLINGS – An Arizona woman accused of bringing multi-pound quantities of methamphetamine to Montana for distribution admitted to a trafficking crime today, Acting U.S. Attorney Leif M. Johnson said.
Lisa Elizabeth Caudron, 42, of Gilbert, Arizona, pleaded guilty to possession with intent to distribute meth. Caudron faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Caudron was released pending further proceedings. A sentencing date will be set before U.S. District Judge Dana L. Christensen.
The government alleged in court documents filed in the case that the Eastern Montana High Intensity Drug Trafficking Area Task Force learned in February 2020 that a person had been buying multi-pound quantities of meth from Caudron and from a co-defendant, Gaspar Salas, since February 2019 and that the two always came to Montana together. On April 23, 2020, law enforcement located Salas and Caudron at a hotel in Livingston and executed a search warrant for their room and their vehicle. The hotel room search resulted in the seizure of 4.69 pounds of meth, which is the equivalent of about 16,996 doses, in a backpack. Salas was sentenced in March to 15 years in prison for conviction in the case.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI’s Big Sky Western Transnational Organized Crime Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
XXX
Annapolis MS-13 Member Sentenced to 38 Years in Federal Prison for a Racketeering Conspiracy and for Discharging a Firearm Related to His MS-13 Gang ActivitiesRead the Press Release
Baltimore, Maryland – Chief U.S. District Court Judge James K. Bredar sentenced Fermin Gomez-Jimenez, age 23, of Annapolis, Maryland, to 38 years in federal prison, followed by five years of supervised release, for his role in a conspiracy to participate in a racketeering enterprise and for using, carrying, and discharging a firearm during a crime of violence, in connection with his MS-13 gang activities.
The sentence was announced by Acting U.S. Attorney Jonathan F. Lenzner; Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Special Agent in Charge James Mancuso of Homeland Security Investigations (HSI) Baltimore Office; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Chief Amal Awad of the Anne Arundel Police Department; Chief Edward Jackson of the Annapolis Police Department; and State’s Attorney Anne Colt Leitess of the Anne Arundel County State’s Attorney Office.
“The violence perpetrated by Gomez-Jimenez and his fellow MS-13 members was brutal and tragic and is totally unacceptable. The U.S. Attorney’s Office in Maryland and our federal, local and state partners are working together to remove these violent gang members and to keeping our communities safe from the deadly threat of MS-13,” said Acting U.S. Attorney Jonathan F. Lenzner. “We continue to work with our counterparts here and abroad to bring to justice these transnational gangs. The 38-year sentence for this defendant should serve as a reminder to the community that we will not relent in our pursuit of justice.”
“Gang-related violence and criminal activity present an ongoing challenge for law enforcement everywhere. HSI’s efforts to dismantle gangs are much more effective in areas where partnership with local law enforcement is strongest,” said James Mancuso, Special Agent in Charge for Homeland Security Investigations’ (HSI) Baltimore field office. “This significant sentence is the result of the hard work and collaboration between federal and local partners to bring members of MS-13 to account.”
According to his plea agreement and other court documents, from about 2015 through 2017, Gomez-Jimenez was a member and associate of the Hempstead clique of MS-13, and participated in a racketeering conspiracy that included assaults, murder, attempted murder, robbery, and drug trafficking. Specifically, Gomez-Jimenez admitted that he participated in the murder of a suspected rival gang member, and conspired and attempted to murder two victims in Annapolis. In addition, between January 2016 and February 2017, Gomez-Jimenez and other MS-13 members/associates sold marijuana to raise funds for the gang. The drug proceeds were used for, among other purposes, the purchase of more narcotics, weapons, and to send to MS-13 members and associates in other states and in El Salvador.
As part of the racketeering conspiracy, Gomez-Jimenez admitted that on March 11, 2016, he and other MS-13 members and associates planned and agreed to murder Victim 1, whom the gang suspected of being a rival gang member. Co-conspirator 1 and another MS-13 associate lured Victim 1 to Quiet Waters Park in Annapolis, Maryland, and once Victim 1 arrived at the park, members of the gang struck Victim-1 in the head with a branch or stick. Gomez-Jimenez, using a knife borrowed from a co-conspirator, along with co-defendants Moises Reyes-Canales, Marlon Cruz-Flores, and other members and associates of MS-13, then stabbed Victim 1 repeatedly, killing him. While Gomez-Jimenez and other members of the gang stabbed Victim 1, Co-conspirator 1 and other MS-13 members/associates stood watch outside of the park to ensure no one entered or left the park, and to watch for police presence, so that the gang could complete the murder of Victim 1. During this time, Co-conspirator 1 communicated by phone and through text messages with Cruz-Flores and Reyes-Canales inside the park, to let them know no one entered the park and they could complete the murder. After Victim 1 was killed, Gomez-Jimenez left the park to stand watch, so that other MS-13 associates could enter the park help bury Victim 1 in a shallow grave inside the park. Law enforcement did not locate Victim 1’s body until August 28, 2017, when it was exhumed by law enforcement.
As detailed in his plea agreement, on October 23, 2016, Gomez-Jimenez along with other members and associates of the MS-13 Hempstead clique in Annapolis, devised a plan to murder Victim 2, an unlicensed taxi driver. Gomez-Jimenez, Reyes-Canales, Cruz-Flores, Manuel Martinez-Aguilar, and other members and associates of MS-13, met at Quiet Waters Park to discuss the plan to murder Victim 2. At the meeting, each member of the conspiracy was assigned a task to complete the murder and dispose of the evidence. The group planned to use machetes, knives, and guns to kill the victim. Cruz-Flores and another Reyes-Canales each had a firearm and all the members of the conspiracy were aware that guns would be used in the murder.
A co-conspirator called Victim 2 using another member’s cell phone to arrange for an unlicensed taxi ride. Victim 2 arrived with another passenger, Victim 3. Cruz-Flores asked Victim 2 to drive to the area of the 700 block of Annapolis Neck Road in Annapolis. When they arrived, Reyes-Canales approached the vehicle and pointed a gun at the victims and Cruz-Flores also produced a gun and pointed it at the victims. Victim 3 attempted to run away and Cruz-Flores shot Victim 3 in the leg, while another MS-13 member repeatedly attacked Victim 3 with a machete. Victim 2 also tried to run. Co-defendant Martinez-Aguilar and another MS-13 member took Victim 2’s vehicle and attempted unsuccessfully to run him over with the car. Co-conspirators chased Victim 2 and Gomez-Jimenez repeatedly stabbed Victim 2 with a knife. The conspirators fled when they heard police sirens. A short time later, police arrested Gomez-Jimenez nearby with Victim 2’s blood on his hands and clothes. A surveillance camera in the area captured Gomez-Jimenez assaulting Victim 2 and the attempt to run over Victim 2 with Victim 2’s vehicle. DNA subsequently confirmed that the blood on Gomez-Jimenez’ hands matched Victim 2’s blood. Both victims were transported to the University of Maryland Shock Trauma Center with life threatening injuries. Both victims survived but have permanent injuries as a result of the attack.
Co-defendants Marlon Cruz-Flores, age 25, Reyes-Canales, age 23, and Manuel Martinez-Aguilar, a/k/a “El Lunatic” and “Zomb,” age 21, all of Annapolis, Maryland, previously pleaded guilty to the racketeering conspiracy and gun charge. Cruz-Flores was sentenced to 38 years in federal prison and Martinez-Aguilar was sentenced to 24 years in federal prison. Sentencing for Reyes-Canales is set for September 17, 2021. Co-defendant David Diaz-Alvarado, age 20, also of Annapolis, pleaded guilty to murder in aid of racketeering in connection with his MS-13 gang activities. A fourth co-defendant, Juan Carlos Sandoval-Rodriguez, age 23, of Annapolis was convicted on October 31, 2019, of murder in aid of racketeering and conspiracy to commit murder in aid of racketeering after an 11-day jury trial for the murder of Victim 1. All of the defendants remain detained.
MS-13 is a gang composed primarily of immigrants or descendants of immigrants from El Salvador, with members operating in the State of Maryland, including Anne Arundel County, Montgomery County, Prince George’s County, and Frederick County, and throughout the United States. Branches or “cliques” of MS-13 often work together cooperatively as “Programs,” with the purpose of increasing the gang’s levels of organization, violence, extortion, and other criminal activity, and to assist one another in avoiding detection by law enforcement. In Maryland and the surrounding area, these cliques include Hempstead Locos Salvatruchas (“HLS”), Parkview Locos Salvatrucha (“PVLS”), Normandie Locos Salvatrucha (“NLS” or “Normandie”), Sailors Locos Salvatrucha Westside (“SLSW” or “Sailors”), Langley Park Salvatrucha (“LPS”), Weedoms Locos Salvatrucha (“Weedoms”), and Cabanas Locos Salvatruchas (“Cabanas”). A person within the participating cliques is selected as the Program leader.
To protect the gang and to enhance its reputation, MS-13 members and associates are expected to use any means necessary to force respect from those who show disrespect, including acts of intimidation and violence. MS-13’s creed is based on one of its mottos, “Mata, roba, viola, controla,” which translates to, “kill, steal, rape, control.” One of the principal rules of MS-13 is that its members must attack and kill rivals, known as “chavalas,” whenever possible.
Anyone with information about MS-13 is encouraged to provide their tips to law enforcement. The FBI and Homeland Security Investigations both have nationwide tiplines that you can call to report what you know. You can reach the FBI at 1-866-STP-MS13 (1-866-787-6713), or you can call HSI at 1-866-DHS-2-ICE.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Acting U.S. Attorney Jonathan F. Lenzner commended HSI, the ATF, the Anne Arundel Police Department, the Annapolis Police Department, and the Anne Arundel State’s Attorney Office for their work in the investigation and prosecution. Mr. Lenzner thanked Assistant U.S. Attorney Zachary Stendig, and Trial Attorneys Matthew Hoff and Samantha Mildenberg Loiero of the Criminal Division’s Organized Crime and Gang Section, who are prosecuting the case.
# # #
Monday 17 May 2021
Worcester Man Charged with Fraudulently Depositing U.S. Treasury Check Values at More Than One Million DollarsRead the Press Release
BOSTON – A Worcester man was arrested on Thursday, May 13, 2021 in connection with fraudulently depositing a United States Treasury check of more than $1 million dollars.
Leonardo Nascimento, 34, was charged with bank fraud and aggravated identity theft. Nascimento will make an initial appearance in federal court in Boston at a later date.
According to charging documents, on Oct. 30, 2020, Nascimento visited a branch of Santander Bank, opened a business bank account and then deposited a United States Treasury check in the amount of $1,064,613 in someone else’s name into the account. Nascimento allegedly provided Santander with a form claiming the payee gave Nascimento permission to cash a check in his name. That form also contained the payee’s purported signature. Investigators then spoke with the payee who confirmed that the Treasury Check was his 2019 personal tax return refund. It is alleged that Nascimento did not know the payee and that the signature on the check was not the payee’s actual signature.
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 consecutive to any other sentence imposed. 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 Ramsey E. Covington, Acting Special Agent in Charge of Internal Revenue Service’s Criminal Investigation in Boston made the announcement. Valuable assistance was provided by the Worcester Police Department. 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.
Woman Pleads Guilty After Arriving at Cyril E. King Airport with Seven Suitcases Containing 76 Kilograms of MarijuanaRead the Press Release
ST. THOMAS – United States Attorney Gretchen C.F. Shappert announced on Monday that Idesha Sterrod pled guilty today in federal court to possession with intent to distribute marijuana.
According to court documents, on August 5, 2020, U.S. Customs and Border Protection officers at the Cyril E. King Airport were conducting inspections of incoming luggage and discovered a suitcase with packages containing a green leafy substance inside. The suitcase arrived on an American Airlines flight from Miami. The suitcase was placed back on the luggage belt and officers allowed it to be retrieved in the baggage section of the airport. Sterrod, along with three unrelated minor children traveling with her, retrieved a total of seven suitcases, including the one inspected.
Officers inspected all seven suitcases with which the defendant was traveling. All contained vacuum sealed bags of a green leafy substance, which tested positive for the characteristics of marijuana and had a total weight of 76 kilograms.
Sterrod will be sentenced at a later date by Chief Judge Robert A. Molloy and faces a maximum term of not more than 20 years imprisonment, three years of supervised release and a maximum $250,000.00 fine.
The Department of Homeland Security, Homeland Security Investigations and Customs and Border Inspection, investigated the case.
United States Attorney's Office for the Eastern District of Oklahoma Obtains Eighty-Two Indictments from Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the federal grand jury sitting in Muskogee completed its May session last week and returned eighty-two felony indictments.
Seventy-six indictments were publicly filed and six remain sealed pending arrest of the charged defendants. All but one of the unsealed charges involve crimes arising out of Indian Country. Thirty-three indictments are for murder, sixteen are sexual assaults, and the balance contain allegations of child abuse/neglect, attempted murder, involuntary manslaughter, felonious assault, robbery, burglary, and kidnapping. The sole non-Indian Country indictment involves possession of methamphetamine with intent to distribute.
The dramatic increase in Indian Country cases for federal prosecution is due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and the reservation where the crime(s) allegedly occurred.
Murder:
United States v. Coker Dean Barker and Anastacia Phillinia Little – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) & 2; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Crystal Renae Berryhill - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born (Superseding Indictment) – Count 1: Murder in Perpetration of Robbery and Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153; Count 2: First Degree Burglary in Indian Country – 18 U.S.C. §§ 2, 1151, 1153(b) & 21 O.S. § 1431; Count 3: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 4: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. 1431; Count 6: Arson in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. § 1431 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Aram Barak Catron - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Jace Wayne Conger – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Michael Ray Crawley – Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Kevin Leon Cross – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Bryan County – Choctaw Nation Reservation]
United States v. Gregory Allen Gamblin, II - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Kadetrix Devon Grayson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Crystal Marie Haworth – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gunnar Mathew Hemingway – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. §§ 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jordan Wayne Holt – Count 1: Murder in Indian Country - Second Degree -18 U.S.C. §§1111(a), 1151, & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence - 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing The Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) - 18 U.S.C. § 924(j)(1); Count 4: Assault with Intent to Commit Murder in Indian Country -18 U.S.C. §§ 113(a)(1), 1151 and 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Darrell James Hummingbird – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Cody Nash James – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. §§ 924(j)(1) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Ryan Cortlan Johnson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. John Douglas Knight – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Aaron Michael Laconsello a/k/a Aaron Michael Hooper – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Muskogee County – Muscogee (Creek) Nation Reservation]
United States v. Neil Shai-Cameron Lewis - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151, 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Brian James Mack - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Robert Wayne Mitchell - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Jimmy Holmes Nace and Matthew Jennings Vermillion – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1152 & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Clifton Merrill Parish – Count 1: Murder in Perpetration of Robbery in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Thomas Raymond Phillips, III – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jeffrey Lyn Pierce - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Bradley Shawn Pittman - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]
United States v. Tyas Short – Count 1: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Devin Warren Sizemore – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Voluntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112(a), 1151 & 1153; Count 4: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153, 21 Okla. Stat. 843.5(A); Count 5: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Assault and Battery on a Police Officer in Indian Country – 18 U.S.C. §§ 13, 1151 & 1152, 21 Okla. Stat. 649 [Pittsburg County – Choctaw Nation Reservation]
United States v. George McEntire Smith – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Wagoner County – Muscogee (Creek) Nation]
United States v. John Duncan Stubbs – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Chad Jon’Dale Voyles – Count 1: Conspiracy to Murder in Indian Country – 18 U.S.C. §§ 1117, 1111(a), 1151 & 1152; Count 2: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1152; Count 3: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151, 1152; Count 4: Arson in Indian Country – 18 U.S.C. §§ 81, 2, 1151, 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Tanner Dean Washington - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pontotoc County - Chickasaw Nation Reservation]
United States v. Johnson Wisdom - Murder in Perpetration of Child Abuse in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153 [Pontotoc County – Chickasaw Nation Reservation]
Sexual Assault:
United States v. Dustin Dewayne Bristow – Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Eduardo Chapa – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1152 [Seminole County- Seminole Nation Reservation]
United States v. Wayne Robert Christman – Count 1: Aggravated Sexual Abuse in Indian County – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(a)(5), 2246(3), 1151 & 1152; Count 3: Lewd and Indecent Acts to a Child Under 12 in Indian Country – 18 U.S.C. § 1151, 1152, 13 and 21 OK Stat. § 21-1123(A)(5)(f) [Pittsburg County – Choctaw Nation Reservation]
United States v. Shelley J. Duncan – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1153; Count 2: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(1); Count 3: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(3); Count 4: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 115, 13, 21 O.S. § 1123(A)(4) [Johnston County – Chickasaw Nation Reservation]
United States v. David Leroy Earls – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(C), 1151 & 1153; Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(B), 1151 & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Edgar Rene Garcia-Limon (Superseding Indictment) – Count 1: Felon in Possession of Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1152; Count 3: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152; Count 4: Illegal Reentry of Previously Removed Alien – 8 U.S.C. §§ 1326(a); [Okmulgee County- Muscogee (Creek) Nation Reservation]
United States v. Cutter Payne Hendricks – Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(b), 2246(3), 1151 & 1152 [McCurtain County- Choctaw Nation Reservation]
United States v. Christopher William McKane – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Bruce Lee Montes – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gordon Lee Myers, a/k/a Rick Lee Myers – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count
2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243, 2246(2)(A), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]United States v. Bryan Douglas Nicholson – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Roy Lee Roberts, Jr.– Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Jimmy Ray Robinson – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Antonio Maurice Sambrano – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1152; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(B); Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(C), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Bradley Alex Tilley – Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2242(2)(B), 2246(2)(a), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Tommy James Whitt – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
Other violent crime in Indian Country:
United States v. Joses Ric-E Beck a/k/a Ricky – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Possession of a Firearm in Furtherance of Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 4: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Seminole County – Seminole Nation Reservation]
United States v. Kristen Breann Buckner, a/k/a Kristen Breann Talamassy – Assault with a Dangerous Weapon in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Hughes County – Muscogee (Creek) Nation Reservation]
United States v. Jory L. Bullard – Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 Okla. Stat. § 843.5(A) [McCurtain County – Choctaw Nation Reservation]
United States v. Paula Amber Chisholm – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Mikkah Tramain Cosar – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii),(iii) [Seminole County – Seminole Nation Reservation]
United States v. Jeramey Dill – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, and Discharge a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) [Cherokee County – Cherokee Nation Reservation]
United States v. Joseph Brandon Ferris – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S. § 1431; Count 2: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, and 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 and 1153; Count 4: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 and 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Richard Dakota Gore and Bronson Dalton Kent Gore – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii) & 2 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Trab Aahrron Hatton – Count 1: Attempted Murder in Indian Country – 18 U.S.C. §§ 1113, 1151, & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Rex Allen Hayes, Jr. – Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [McCurtain County – Choctaw Nation Reservation]
United States v. Jeffrey Dywane Holcomb – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County- Choctaw Nation Reservation]
United States v. Autumn Elizabeth Grace Jackson, Sabrina Deanne Orr, and Dustin John Wood – Count 1: Attempted Murder in Indian Country- 18 U.S.C. §§ 1111(a), 1113, 1151 & 1153; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. § 1431; Count 4: Maiming in Indian Country – 18 U.S.C. §§ 114, 1151 & 1153; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, 1153 & 2; Count 7: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i) & (ii) [Seminole County – Seminole Nation Reservation]
United States v. Dawane Armone King – Count 1; Child Abuse in Indian Country – 18 U.S.C. § 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. 843.5(C) [Choctaw County – Choctaw Nation Reservation]
United States v. Dillon Wayne McClain – Arson of a Dwelling in Indian Country – 18 U.S.C. §§ 81, 1151, & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Billy James Menees and Ashley Dawn Marie Schardein – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 83.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Johnny Dale Morris – Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Abigail Perez and Dylan Tyler Neal – Count 1: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. 843.5(C); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1152 & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Timmie Lee Runnels Jr – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(iii) [Pontotoc County – Chickasaw Nation Reservation/Coal County – Choctaw Nation Reservation]
United States v. Amber Rachelle Thurman – Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. David Daniel Walker, a/k/a Boston – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 1151, 1153, & 2111; Count 3: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeremy Curtis Walker – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Dalton Ray Wallis – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, 1153; Count 2: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i)(iii) [Adair County – Cherokee Nation Reservation]
United States v. Kevin Ray Ward and Anthony Juan Armenta – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 2, 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) & 2 [McCurtain County – Choctaw Nation Reservation]
United States v. Roberto Carlos Wesley – Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Oscar Levon Luke Junior Worcester – Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
Non-Indian Country offenses:
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Possession with Intent to Distribute Methamphetamine [Seminole County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.