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Thursday 22 April 2021
Mexican man sentenced for having meth welded to tiresRead the Press Release
BROWNSVILLE, Texas – A 33 year-old Mexican citizen residing in Matamoros, Mexico, has been ordered to federal prison for possessing 43 kilograms of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
Leonardo Banuelos-Garcia pleaded guilty Sept. 27, 2019.
Today, U.S. District Judge Fernando Rodriguez handed Banuelos-Garcia a 96-month sentence. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment. At the hearing, the court noted the quantity of narcotics involved in the crime.
On March 28, 2019, Banuelos-Garcia arrived at the Gateway Port of Entry in Brownsville driving a Jeep Liberty. Authorities noticed the sport utility vehicle was clean and had only one key and referred him to secondary inspection.
Law enforcement noticed Banuelos-Garcia was sweating profusely and appeared nervous. An X-ray examination indicated anomalies in some of the tires.
Banuelos-Garcia was ultimately found in possession of 18 packages of meth welded to three tires of his Jeep Liberty. He admitted he was going to be paid $1000 to transport the narcotics.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Joe Esquivel prosecuted the case.
Mexican National admits to using stolen identityRead the Press Release
BILLINGS — A Mexican national accused of using personal information stolen from another person to live and work in the Billings community pleaded guilty today to charges, Acting U.S. Attorney Leif Johnson said.
Hugo Javier Quiroga, also known as Antonio Alatorre, 47, pleaded guilty to false representation of a Social Security number, false claim to United States citizenship and aggravated identity theft. Quiroga faces a maximum five years in prison, a $250,000 fine and three years of supervised release and a mandatory consecutive two years in prison, a $250,000 fine and one year of supervised release on the identity theft count.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan ordered Quiroga detained. A sentencing date will be set.
The government alleged in court documents that in 2018, law enforcement began investigating a complaint from an individual named Antonio Alatorre, originally from Brownsville, Texas, who said his identification documents had been stolen in the 1990s and that he had encountered problems due to having his identity stolen. The complainant had learned that someone in Billings was using his identity.
Investigators determined that the individual in Billings was Quiroga, who went by the alias Antonio Alatorre, and that Quiroga had admitted to a former wife that he swam across the Rio Grande to enter the United States, lived in Brownsville, Texas for a couple of years, and used the alias as a “work name.” Investigators also obtained the marriage license from the marriage to his former wife, which showed that Quiroga was born in Matamoros, Mexico.
The government further alleged that Quiroga falsely used the name, date of birth, and social security number for Alatorre to join the boilermakers union and work for several companies in Montana. Additionally, Quiroga falsely claimed that he was a United States citizen on one of the employment application forms.
Assistant U.S. Attorney Brendan McCarthy is prosecuting the case, which was investigated by the FBI and Billings Police Department.
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Mexican Man Sentenced to Federal Prison for Immigration, Drug and Firearm ChargesRead the Press Release
DAVENPORT, Iowa — On Wednesday, April 21, 2021, United States District Court Judge Stephanie M. Rose sentenced Ismael Salazar Montes, age 30, of Nogales Sonora, Mexico, to 160 months in prison for Illegal Reentry, Possession with Intent to Distribute Controlled Substances, and Illegal Alien in Possession of Firearm and Ammunition announced Acting United States Attorney Richard D. Westphal. Following his prison term, Salazar Montes was ordered to serve five years of supervised release and pay $300 to the Crime Victims’ Fund.
The investigation began in October 2019, when law enforcement stopped Salazar Montes’s vehicle in Mount Pleasant. After stopping the vehicle, law enforcement had a canine conduct a sniff of the vehicle, resulting in an alert as to the presence of narcotics. As officers searched the vehicle, Salazar Montes admitted he had a handgun in his suitcase. Officers searched the suitcase and located an unloaded, nine-millimeter Ruger handgun. Salazar Montes admitted he did not have a permit for the firearm and knew he could not lawfully possess the firearm because he was not legally present in the United States. A search of the backseat of the vehicle revealed a cooler where officers located three bags of controlled substances—812.8 grams of methamphetamine, 958.7 grams of heroin, and 307.27 grams of fentanyl. Salazar Montes admitted he placed the controlled substances in the cooler and was transporting them from Tucson, Arizona to Chicago, Illinois.
This matter was investigated by the Department of Homeland Security, Immigrations and Customs Enforcement, Drug Enforcement Agency, Mount Pleasant Police Department, and the Henry County Sheriff’s Office. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Meridian Woman Pleads Guilty Under Project EJECT to being a Convicted Felon in Possession of a FirearmRead the Press Release
Jackson, Miss. – Mia Francine Sims, 53, of Meridian, Mississippi, pleaded guilty today before Senior U.S. District Judge Tom S. Lee to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
On January 23, 2020, as part of an ongoing narcotics investigation, a joint team of Meridian Police officers and FBI agents conducted a search warrant on a residence in Meridian belonging to Sims. During the search, the team discovered a handgun and relatively small amounts of cocaine and methamphetamine at the residence. Though Sims was not home at the time of the search, witnesses confirmed that Sims was the only resident of the home. Further investigation revealed that Sims had two prior felony drug convictions and is prohibited from possessing a firearm.
On February 12, 2020, Sims was indicted for being a felon in possession of a firearm.
Sims will be sentenced on July 29, 2021 and faces a maximum penalty of ten years in prison and a $250,000.00 fine.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Charles W. Kirkham.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Meriden Man Pleads Guilty to Fentanyl and Heroin Trafficking ChargesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JAVIER MARTINEZ, 40, of Meriden, pleaded guilty today to fentanyl and heroin trafficking offenses.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Donna F. Martinez occurred via videoconference.
According to court documents and statements made in court, on February 13, 2020, law enforcement conducted a traffic stop of Martinez’s vehicle in West Haven and found Martinez in possession of approximately 100 grams of a mixture of fentanyl and heroin. A subsequent search of Martinez’s residence in Meriden revealed nearly a kilogram of heroin, approximately 180 grams of a mixture of fentanyl and heroin, more than 300 fentanyl pills, and items used to process and package narcotics for street sale.
Martinez pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl and one count of possession with intent to distribute one kilogram or more of heroin. He is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on July 28, 2021.
Martinez is released on a $100,000 bond pending sentencing.
This matter is being investigated by the Drug Enforcement Administration New Haven Task Force, Connecticut State Police Statewide Narcotics Task Force and West Haven Police Department. The case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
Marion Man Pleads Guilty to Racial Interference with Federally Protected Housing RightsRead the Press Release
ABINGDON, Va. – A Marion man pleaded guilty today to using force or the threat of force to interfere with federally protected housing rights based on the race or color of the victims.
According to evidence presented at the guilty plea hearing by Assistant United States Attorney Zachary T. Lee, James Brown, 41, burned a cross on the front yard of an African-American family in the early morning hours of June 14, 2020. One of the family members had organized a civil rights protest the day before in Marion, Virginia. Brown admitted to burning the cross to two witnesses and also was known to use racial epithets when referring to the African-American family.
“Acts of hatred, intimidation and the threat of force, carried out by the racially motivated cross burning in this case, illegally interfered with their federally protected housing rights,” Acting U.S. Attorney Bubar said today. “This illegal, divisive behavior destroys communities and will not be tolerated. I’m proud of the work of the FBI and our state partners, who brought James Brown to justice.”
“There is absolutely no room for racial intimidation or injustice occurring in our communities,” Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Division said today. “FBI Richmond is steadfast in our commitment of protecting residents of the Commonwealth, regardless of race or ethnicity; and will continue to work with our investigative and prosecutorial partners to hold accountable the offenders who attempt to fracture our communities.”
Brown pleaded guilty today to one count of criminal interference with federally protected housing rights based upon the victim’s race.
The Federal Bureau of Investigation, the Marion Police Department, and the Smyth County Sheriff’s Office are investigating the case.
Assistant U.S. Attorney Assistant United States Attorneys Zachary T. Lee and Daniel Murphy are prosecuting the case.
Man Sentenced to Life in Prison for ISIS-inspired Bombing in New York City Subway Station in 2017Read the Press Release
A New York man was sentenced today to life in prison for detonating a bomb in a New York City subway station. He admitted that he conducted the terrorist attack on behalf of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Akayed Ullah, 31, of Brooklyn, New York, and a lawful permanent resident of Bangladesh, was convicted by a federal jury of offenses related to the detonation and attempted detonation of a bomb in a subway station near the New York Port Authority Bus Terminal in New York City on Dec. 11, 2017. According to court documents, on Dec. 11, 2017, at approximately 7:20 a.m., Ullah detonated a pipe bomb strapped to his chest in a subway station near the Port Authority Bus Terminal in midtown Manhattan. Shortly after the blast, first responders located Ullah lying on the ground in the station where he had detonated the improvised explosive device, and he was taken into custody. Surveillance footage captured Ullah walking through the station immediately prior to the explosion and then detonating the bomb.
“Ullah constructed a pipe bomb and detonated it in a mass transit hub in the heart of New York City to harm and terrorize as many people as possible - and he admitted that he did it on behalf of ISIS," said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “This case reminds us that the threat of ISIS-inspired terrorism remains real. This sentence holds Ullah accountable, as he will spend the rest of his life in federal prison for his crimes. I want to thank all of the agents, analysts, and prosecutors whose outstanding work made this result possible.”
“Akayed Ullah, previously convicted in a New York federal court of carrying out a lone-wolf bombing attack on behalf of ISIS at the Port Authority Bus Terminal, a bustling transit artery in New York City, admittedly intended to murder as many innocent Americans as possible,” said U.S. Attorney Audrey Strauss for the Southern District of New York. “Ullah’s motive was clear and unambiguous: a deeply held ideological hatred for America. Ironically, Ullah’s actions resulted only in reaffirming the greatness of America by displaying the fairness and impartiality for which our justice system stands. Ullah received a speedy, fair, public trial, and was convicted by a jury of his peers. Akayed Ullah’s message of hatred clearly backfired; his just sentence of life in prison only exemplifies that cowardly acts of terrorism will be met with law enforcement’s unwavering resolve to protect our core values of freedom and democracy.”
“The defendant sought to attack innocent Americans who were going about their daily lives," said Acting Assistant Director Patrick Reddan for Counterterrorism at the FBI. “He will now spend the rest of his life in prison, where he will not be in a position to attempt another attack. While the terrorism threat continues to evolve in this country, groups like ISIS remain committed to attacking America, and the FBI will continue to work with our JTTF partners across the country in our commitment to track down and disrupt terrorists who seek to harm our homeland.”
According to court documents and the evidence presented at trial, Ullah began radicalizing in approximately 2014. Ullah disagreed with U.S. foreign policy in the Middle East and began seeking out online materials promoting radical Islamic terrorist ideology. In particular, Ullah was inspired by ISIS propaganda, including a video in which ISIS instructed supporters to carry out attacks in their homelands if they were unable to travel overseas to join ISIS. Ullah began researching how to build a bomb about a year prior to his attack. He built his pipe bomb in the weeks leading up to the attack at his Brooklyn apartment.
Following the attack on Dec. 11, 2017, law enforcement located remnants of the pipe bomb on Ullah’s person and strewn across the attack site in the subway station. Law enforcement found, among other things: (i) a nine-volt battery inside Ullah’s pants pocket, which he used as the power source for triggering the bomb; (ii) wires connected to the battery and running underneath Ullah’s jacket; (iii) plastic zip ties underneath Ullah’s jacket, which he used to strap the bomb to his body; (iv) several fragments of a metal pipe, which Ullah had filled with an explosive substance that he made using sugar and match heads; (v) fragments of Christmas tree lightbulbs attached to wires, which Ullah used to ignite the explosion; and (vi) numerous metal screws. Ullah filled his pipe bomb with dozens of metal screws to function as shrapnel, for the purpose of causing maximum damage.
On the morning of the attack, shortly before detonating his bomb, Ullah posted a statement on Facebook referring to the then-President of the United States, stating: “Trump you failed to protect your nation.” Ullah also posted an ISIS slogan so that ISIS would know that he had carried out the attack on behalf of the foreign terrorist organization.
After Ullah was taken into custody following the attack, he waived his Miranda rights and spoke to law enforcement. Ullah was inspired by ISIS to carry out the Dec. 11 attack, and stated, among other things, “I did it for the Islamic State.” He also said that he chose a busy weekday morning for the attack in order to “terrorize as many people as possible.” One commuter who was inside the station when Ullah detonated the pipe bomb suffered a shrapnel wound to his leg, and two other victims partly lost their hearing as a result of the blast. Ullah’s attack caused the Port Authority subway station and bus terminal to shut down temporarily, disrupting the lives of commuters across the New York City area.
After the attack, law enforcement searched Ullah’s apartment pursuant to a search warrant. Agents recovered, among other things, Ullah’s passport, which contained the handwritten statement, “O AMERICA, DIE IN YOUR RAGE.” Less than two weeks before carrying out the attack, Ullah had watched and drawn inspiration from a particular ISIS propaganda video that proclaimed, “die in your rage, America,” with an image of the U.S. Capitol in the background.
Later in December 2017, while in custody at the Metropolitan Correctional Center on the charges in this case, Ullah began chanting “more is coming” at a correctional officer, and then told the officer: “You started this war, we will finish it. More is coming, you’ll see.”
Assistant Attorney General Demers and Acting U.S. Attorney Strauss praised the outstanding investigative efforts of the FBI, the New York Police Department (NYPD) and Port Authority Police Department (PAPD). Ullah’s conviction is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York, the Justice Department’s National Security Division, and the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.
Assistant U.S. Attorneys Rebekah Donaleski and George D. Turner for the Southern District of New York prosecuted this case with assistance from Trial Attorneys Jason Denney and Felice Viti of the National Security Division’s Counterterrorism Section.
Man Charged with High Speed Flight from Border Patrol Checkpoint in an RVRead the Press Release
Assistant U. S. Attorney Timothy D. Coughlin (619) 546-6768
NEWS RELEASE SUMMARY – April 22, 2021
SAN DIEGO – Vicente Villegas of Riverside appeared in federal court today in connection with charges that he fled a U.S. Border Patrol checkpoint at high speed during a smuggling incident in which he was allegedly driving a recreational vehicle with undocumented immigrants aboard.
At today’s hearing, Villegas was ordered by U.S. Magistrate Judge Sheri Pym to remain in custody without bond on grounds that he is a flight risk and a danger to the community.
According to the complaint, in the early morning hours of December 12, 2020, Border Patrol agents observed a large group of undocumented immigrants cross the U.S.-Mexican border in an area known to agents as “Second Breaks.” The agents saw the group of about 40 people climb into the RV.
Border Patrol agents attempted to conduct a traffic stop on the RV near Old Highway 80 and Highway 94. According to the complaint, Villegas failed to yield to a Border Patrol vehicle displaying lights and sirens and accelerated to 70 miles per hour as he merged onto westbound Interstate 8. Agents on duty at the Border Patrol Checkpoint located in Pine Valley, California were notified of the ongoing pursuit and received authorization to use a spike strip to stop the RV at the Checkpoint.
As the RV approached the Checkpoint, the agent on duty deployed the spike strip, and the RV swerved from the primary traffic lanes, drove around the primary position and through the dirt parking lot. Villegas drove back onto the Interstate at the west end of the Checkpoint, effectively evading all spike positions. Pursuing agents followed the RV for two and half hours as it continued west on Interstate 8, west on State Route 52, and north on Interstate 15. At approximately, 5:19 a.m. Border Patrol agents terminated the pursuit of the RV.
Agents were later able to trace the RV to Villegas, the complaint said. The agents were able to retrieve from cell phones what are believed to be photos and videos taken by Villegas during the pursuit.
The complaint said the RV had been purchased by Villegas and another person on December 2, 2020 for $13,000. Villegas provided his California Identification Card as a form of identification for the sale. The previous RV owner observed Villegas drive the RV away from his home.
“Smugglers think nothing of putting their passengers in grave danger in order to escape law enforcement and make money,” said Acting U.S. Attorney Grossman. “We are determined to preserve public safety and achieve justice.” Grossman praised prosecutor Tim Coughlin and U.S. Border Patrol agents who tracked down this defendant through dogged investigation.
“The actions taken by the driver of the RV in this incident endangered not only the lives of the migrants being smuggled, but also the general public and our agents,” said San Diego Sector Border Patrol Chief Aaron M. Heitke, “I am proud of the dedication and persistence of our agents. This arrest is a direct result of their efforts.”
This case is being prosecuted by Assistant U. S. Attorney Timothy D. Coughlin.
DEFENDANT Case Number 21mj1273-MDD
Vicente Villegas Age: 20 Riverside, CA
SUMMARY OF CHARGES
High Speed Flight from an Immigration Checkpoint – Title 18, U.S.C., Section 758
Maximum penalty: Five years of imprisonment and $250,000 fine
AGENCY
United States Border Patrol, San Diego Sector Intelligence Unit
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Madison County Man Sentenced to over 8 Years in Federal Prison for Being a Convicted Felon-in-Possession of a FirearmRead the Press Release
Jackson, TN – Reggie Carnell James, Jr., 26, of Denmark, Tennessee, has been sentenced to 100 months in federal prison for being a convicted felon-in-possession of a firearm. Acting U.S. Attorney, Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, on August 20, 2019, the United States Marshals Service and the Jackson Police Department Gang and Street Crimes Unit, were completing the execution of a search warrant on North Parkway in Jackson, TN, when an investigator observed James driving a vehicle. James, who had a suspended driver’s license, was observed pulling into apartment building and was the only occupant in the vehicle. He was subsequently arrested and charged with driving on a suspended license.
After being taken into custody, James’s person was searched and officers located five hydrocodone pills in his front right pocket, and 4.48 grams of marijuana and $495 in cash in his front left pocket.
Officers also observed in plain view, a Glock pistol in the floorboard of the driver’s seat, which had been reported stolen by its owner. The officers searched James car and found a drum magazine that was loaded with 21 rounds of ammunition and a backpack in the front passenger seat which contained eight individually wrapped baggies of marijuana that totaled approximately 203.41 grams, a clear bag containing approximately 3.45 grams of methamphetamine, a digital scale, and 16 THC vape cartridges. The backpack also contained an unloaded Taurus 9mm handgun and a loaded Smith & Wesson .38 caliber revolver.
James is a convicted felon, having been previously convicted of aggravated burglary, arson, and evading arrest in Madison County, Tennessee in 2014. As a result of his felony convictions, James is prohibited by federal law from possessing firearms or ammunition.
On March 31, 2021, U.S. District Judge J. Daniel Breen sentenced James to serve 100 months in federal prison to be followed by three years of supervised release. There is no parole in the federal system.
This case was investigated by the Jackson Police Department, the United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorney Josh Morrow prosecuted this case on behalf of the government.
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Lodge Grass man admits burning down house on Crow Indian ReservationRead the Press Release
BILLINGS —A Lodge Grass man accused of setting fire to an occupied house on the Crow Indian Reservation admitted charges today, Acting U.S. Attorney Leif Johnson said.
Travis Rusty Wallace, 18, pleaded guilty to arson, as charged in an indictment. Wallace faces a maximum of life in prison, a $250,000 fine and five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. Wallace was released pending further proceedings. A sentencing date will be set.
In court documents filed in the case, the government alleged that on June 23, 2020, the victim, identified as John Doe, was in his residence in Lodge Grass when he smelled smoke. He went into his bedroom and saw that the curtains were on fire. While extinguishing the flames, he saw Wallace was in the back yard running from the house. After putting out the fire, Wallace left the residence for approximately an hour and a half. While Doe was gone, his roommate returned home from work and fell asleep in a back bedroom. A smoke alarm awakened the roommate, who ran into the hallway and saw that Doe’s bedroom was engulfed by flames. The roommate ran out the back door and saw Wallace drop a gas can on the lawn and drive away. A neighbor saw Wallace repeatedly driving around the neighborhood past Doe’s home before the fires were set.
The government further alleged that Wallace denied he set the fire and consented to his clothes being taken. The fire marshal determined the fire was set with gasoline, and an analysis found gasoline on Wallace’s clothes.
Assistant U.S. Attorney Lori Suek is prosecuting the case, which was investigated by the FBI and Bureau of Indian Affairs.
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Last Defendant in Drug and Firearms Trafficking Conspiracy Sentenced to 13 Years in PrisonRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was sentenced on Wednesday to 13 years in federal prison for selling methamphetamine and firearms, announced Acting U.S. Attorney Christopher Chiou for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI, and Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Ever Antonio Alvarado-Coronado, 29, conspired with co-defendants Daniel Luis Bowlin, Marquis Dion Patrick-Howard, and Dennis Green to distribute over 15 pounds of methamphetamine and to sell nine firearms in Las Vegas: (a) one of the firearms had been reported stolen; (b) another firearm had an obliterated serial number; and (c) others were “AR” style semi-automatic assault firearms.
Alvarado-Coronado pleaded guilty to one count of conspiracy to distribute a controlled substance. He has three prior narcotics convictions and, in January 2014, he was convicted of illegal reentry and was deported to Mexico. Alvarado-Coronado unlawfully returned to the United States and engaged in this methamphetamine and firearms conspiracy.
In May 2018, a federal grand jury returned a 21-count superseding indictment charging Alvarado-Coronado and the co-defendants for their roles in the drug and firearm trafficking conspiracy. For their roles in the conspiracy: Bowlin, aka “OG,” pleaded guilty to one count of felon in possession of a firearm, and was sentenced to 33 months in prison; Patrick-Howard, aka “Black,” pleaded guilty to one count of felon in possession of a firearm and one count of distribution of a controlled substance, and was sentenced to 10 years in prison; and Green, aka “Loc,” pleaded guilty to one count of distribution of a controlled substance, and was sentenced to three years in prison.
The case was investigated by the FBI and ATF.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Las Vegas Businessman Pleads Guilty to His Role in $13 Million Fraud Upon North Carolina Medicaid ProgramRead the Press Release
RALEIGH, N.C. – A Las Vegas, Nevada man pleaded guilty today to Conspiracy to Commit Health Care Fraud and Wire Fraud, Conspiracy to Commit Money Laundering, and Aggravated Identity Theft, and further agreed to forfeit the proceeds of his crimes. In additional to cash, forfeitable property included the defendant’s interest in 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.
According to court documents, Timothy Mark Harron, 52, admitted to conspiring with his wife, Latisha Harron, to carry out a massive fraud upon the North Carolina Medicaid Program (“NC Medicaid”) by billing the government for fictitious home health services. Harron further admitted to working with his wife 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. Latisha Harron has already pleaded guilty to similar charges and is awaiting sentencing.
According to the charges, Latisha 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, Latisha 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, Latisha Harron moved to Las Vegas, Nevada to live with the defendant Timothy Mark Harron, and that the two were married in 2018. The indictment alleges that Harron was also a previously convicted felon, and that this fact was concealed from the NC Medicaid on enrollment documents. Harron pleaded guilty to allegations that he and his wife worked together to expand the Agape fraud upon NC Medicaid -- fraudulently billing the program for millions in just the few years in which he participated in the scheme.
As charged, Harron admitted that he and his wife carried out the fraud by exploiting an eligibility tool that was entrusted only to NC Medicaid providers. Specifically, Harron and his wife 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 Harrons.
As charged, the fraud was carried out 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.
Harron pleaded guilty to (1) Conspiracy to Commit Health Care Fraud and Wire Fraud, in violation of Title 18, United States Code, Section 1349, which carries a maximum punishment of up to 20 years in prison, (2) one count of Aggravated Identity Theft, in violation of Title 18, United States Code, Section 1028A, which carries a maximum punishment of not less than, nor more than 2 years in prison consecutive to other sentences, and (3) Conspiracy to Commit Money Laundering, in violation of Title 18, United States Code, Section 1956(h), which carries a maximum punishment of 10 years in prison.
Acting United States Attorney G. Norman Acker, III made the announcement after U.S. District Judge Richard E. Myers II accepted the plea. 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, are all investigating the case. Assistant U.S. Attorney William M. Gilmore is the prosecutor on this case. Assistant U.S. Attorney John Harris represents 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-2.
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Justice Department Warns Taxpayers to Avoid Fraudulent Tax PreparersRead the Press Release
With less than one month left in this year’s tax season, the Department of Justice urges taxpayers to choose their return preparers wisely. Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams. Unscrupulous preparers who include errors or false information on a customer’s return could leave a taxpayer open to liability for unpaid taxes, penalties, and interest.
Over the last year, the Justice Department’s Tax Division has worked with U.S. Attorney’s Offices around the country to bring both civil and criminal action against dishonest tax preparers, seeking as appropriate civil injunctions to stop ongoing fraud, civil penalties or disgorgement of ill-gotten proceeds, and criminal sanctions. The department intends to send a strong message that those who prepare fraudulent returns will face serious and lasting consequences.
Examples of civil injunctions obtained by the Tax Division over the last year include:
- On Feb. 25, 2021, a federal court in Delaware enjoined return preparers Jorge Bravo, Michael Eller Income Tax Service, Nelson Graciano and Pedro Toala from preparing, filing or assisting in the preparation or filing of any federal tax returns which claim ineligible persons as dependents, claim improper business expenses or losses, or improperly claiming the Child Tax Credit and other credits. The injunction runs through Dec. 31, 2026, and requires the defendants to hire an independent monitor to examine selected returns.
- On Nov. 17, 2020, a federal court in the Northern District of New York entered a stipulated permanent injunction against Demetric Williams, individually and doing business as Poor No More LLP, that bars him from preparing returns for others, and from owning or operating a tax return preparation business, and from representing customers in connection with any matter before the IRS. Williams was required to notify his customers of the order.
- On Aug. 27, 2020, a federal court in the Western District of Tennessee permanently enjoined Rickey Greer and Stacie Smith (formerly Greer) from acting as federal tax return preparers, assisting in any way in the preparation of federal income tax returns, and representing any person before the IRS. Under the terms of the injunction, the Greers agreed to give up their IRS-assigned preparer identification numbers.
The Tax Division has also sought to strip fraudulent preparers of ill-gotten gains and to hold in contempt those who attempt to flout court-ordered restraints on further fraudulent activity. Over the last year,
- On March 3, 2021, a federal court in the Middle District of Florida, Orlando Division, enjoined Michelle Jenkins from acting as a return preparer, owning a tax preparation business, or training others in the preparation of tax returns. Jenkins must immediately, permanently close any tax preparation stores she owns, and may not franchise any tax return business to others or her customer lists. Jenkins was ordered to disgorge $25,000 in proceeds from her fraudulent tax preparation. On April 9, 2021, Jenkins’ co-defendants, Ben Philippe, Clebert Philippe, and Reliance 1 Tax Services LLC, were similarly enjoined. Ben Philippe was ordered to disgorge $96,945.10; Clebert Philippe and Reliance 1 Tax Services together were ordered to disgorge $134,633.00.
- On Jan. 27, 2021, a court in the Southern District of Florida permanently enjoined a West Palm Beach return preparer, Lena Cotton, and her business, Professional Accounting LDC, from preparing federal income tax returns for others. The court determined that the defendants were in contempt of several prior orders that had allowed them to prepare returns subject to restrictions and that, in light of previous violations by Cotton and Professional Accounting LDC of the court’s injunctions, “any remedy short of a permanent injunction on return preparation [was] inadequate.”
- On Aug. 5, 2020, a federal district court in the Northern District of Illinois sanctioned Courtney Norwood for contempt for continuing to prepare tax returns in violation of an earlier injunction. He was ordered to pay $91,200 in disgorgement, reflecting the fees he earned for any returns prepared after the injunction was entered.
Criminal convictions obtained by the Tax Division over the last year include:
- On Nov. 13, 2020, Kenneth Crawford Jr. was convicted at trial and sentenced to 78 months in prison for conspiring to defraud the United States, filing false claims, and obstructing the internal revenue laws. According to evidence presented at trial, between 2015 and 2016, Crawford and his co-conspirators promoted and sold a “mortgage recovery” tax fraud scheme that sought fraudulent refunds from the IRS for their clients.
- On Oct. 7, 2020, Terry Williamson was sentenced to 70 months in prison for conspiracy to commit mail and wire fraud, following his conviction at trial by a federal jury in Las Vegas. The evidence at trial proved that from January 2009 through April 2011, Williamson and his co-conspirators filed false tax returns with the IRS to fraudulently obtain tax refunds using the names and social security numbers of deceased taxpayers.
The Tax Division reminds taxpayers that the IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. (More information can also be found here.) The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free.
Acting Assistant Attorney General David A. Hubbert of the Tax Division made the announcement. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Finds that Alameda County, California, Violates the Americans with Disabilities Act and the U.S. ConstitutionRead the Press Release
The Justice Department concluded today, based upon a thorough investigation, that there is reasonable cause to believe that Alameda County is violating the Americans with Disabilities Act (ADA) in its provision of mental health services, and that conditions and practices at the county’s Santa Rita Jail violate the U.S. Constitution and the ADA.
The department’s investigation found that the county fails to provide services to qualified individuals with mental health disabilities in the most integrated setting appropriate to their needs. Instead, it unnecessarily institutionalizes them at John George Psychiatric Hospital and other facilities. In Olmstead v. L.C., the U.S. Supreme Court held that Title II of the ADA requires public entities to provide community-based services to persons with disabilities when appropriate services can reasonably be provided to individuals who want them. However, on any given day in Alameda County, hundreds of people are institutionalized for lengthy stays at one of several large, locked psychiatric facilities in the county or are hospitalized at John George Psychiatric Hospital, while others are at serious risk of admission to these psychiatric institutions because of the lack of community-based services. Without connection to adequate community-based services, people return to John George Psychiatric Hospital in crisis again and again.
“The ADA protects individuals with mental health disabilities from unnecessary institutionalization, and the Constitution guarantees all prisoners necessary medical care, including mental health care,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “Our investigation uncovered evidence of violations that, taken together, result in a system where people with mental health disabilities in Alameda County find themselves unnecessarily cycling in and out of psychiatric institutions and jails because they lack access to proven services that would allow them to recover and participate in community life.”
The department also concluded that there is reasonable cause to believe that conditions at the jail violate the Eighth and Fourteenth Amendments of the Constitution, as well as the ADA. Specifically, the department concluded that there is reasonable cause to believe that the jail fails to provide constitutionally adequate mental health care to prisoners with serious mental health needs, including those at risk of suicide; that the jail violates the constitutional rights of prisoners with serious mental illness through its prolonged use of restrictive housing; and that the jail violates the ADA by denying prisoners with mental health disabilities access to services, programs, and activities because of their disabilities.
As a result of these failures, prisoners with serious mental health needs have experienced worsening mental health conditions, are sent repeatedly to John George Psychiatric Hospital for acute care, have experienced prolonged stays in restrictive housing, and, at times, have seriously injured themselves or died.
The Civil Rights Division’s Special Litigation Section initiated the investigation under the ADA and under the Civil Rights of Institutionalized Persons Act (CRIPA), which authorizes the department to address a pattern or practice of deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Individuals with relevant information are encouraged to contact the department via phone at (844) 491-4946 or by email at [email protected].
Members of the public may report possible civil rights violations at https://civilrights.justice.gov/.
Jury Finds Green Bay Man Guilty of Drug Trafficking and Firearm OffensesRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on April 21, 2021, a jury seated in the federal district court in Green Bay, found Lonel L. Johnson, Jr., (age: 44) guilty of possession with intent to distribute 50 grams or more of methamphetamine, two counts of possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime.
The evidence presented at trial proved that on April 3, 2020, after a standoff that lasted over an hour, investigators from the Brown County Drug Task Force seized a half pound of methamphetamine and a .22 caliber rifle from Johnson’s residence. Prior to the search warrant, Johnson posted a video on Facebook Live in which he was pointing a .45 caliber handgun at the camera. Johnson, a convicted felon, was prohibited from possessing firearms.
Johnson will be sentenced before Senior U.S. District Judge William C. Griesbach on July 26, 2021. Johnson faces a mandatory ten year prison term and a maximum of life imprisonment.
The Brown County Drug Task Force investigated the case, with assistance from the Brown County Sheriff’s Office SWAT Team. Assistant United States Attorneys Alexander Duros and William Roach prosecuted the case.
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Johnson County Man Sentenced 10 Years in Federal Prison for Child Pornography CrimesRead the Press Release
A Johnson County man who was arrested with 110,000 images of child pornography has been sentenced to 10 years in federal prison, announced Acting U.S. Attorney Prerak Shah.
Timothy Lynn Vandeventer, 55, pleaded guilty to receipt of child pornography in November. He was sentenced yesterday before U.S. District Judge Ed Kinkeade.
According to court documents, HSI agents learned that Vandeventer was downloading child pornography from the internet to an IP address located at his residence in Alvarado, Texas.
Agents executed a search warrant at Vandeventer’s residence and seized a laptop computer, five external hard drives, and printing equipment.
Vandeventer purchased child pornography on the internet and downloaded it to his laptop and external hard drives so that he could easily access the illicit content. Additionally, Vandeventer used a computer printer to print images of child pornography to view for his sexual gratification.
A forensic analysis of Vandeventer’s computer located 110,000 images and 62 videos of child pornography including multiple images of prepubescent minors and minors less than 12-years-old.
Homeland Security Investigations conducted the investigation with assistance from the Johnson County Sheriff’s Office and the U.S. Secret Service. Assistant U.S. Attorney Shane Read prosecuted the case.
Iowa Woman Pleads Guilty to Hate Crime Charges for Attempting to Kill Two Children Because of their Race and National OriginRead the Press Release
An Iowa woman pleaded guilty yesterday in federal court to hate crime charges for attempting to kill two children because of their race and national origin.
According to admissions Nicole Poole Franklin, 42, made during the hearing, on the afternoon of Dec. 9, 2019, Poole Franklin was driving her Jeep Grand Cherokee on Creston Avenue in Des Moines, Iowa, where the first child-victim was walking along the sidewalk with another young relative. Upon seeing the children and believing that the victim was of Middle Eastern or African descent, Poole Franklin drove her vehicle over the curb towards both children, striking one of them. Poole Franklin then drove away from the scene. The assault resulted in injury to the victim, including cuts, bruising, and swelling. Approximately 30 minutes later, Poole Franklin was driving her Jeep near Indian Hills Junior High School in Clive, Iowa, where the second child-victim was walking on the sidewalk. Poole Franklin, believing that the child was Mexican, drove her vehicle over the curb and struck the victim, causing serious injury, including a concussion, bruises, and cuts. Poole Franklin again drove away from the scene but was apprehended later that day.
Poole Franklin is also expected to plead guilty in state court later today to two counts of attempted murder.
“Nicole Poole Franklin attempted to kill two children because she thought they came from another country,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department’s Civil Rights Division. “All people in the United States, regardless where they come from, have the right to be free from fear of violence because of who they are. The Justice Department will continue to protect the civil rights of all individuals and prosecute hate crimes, as we have done in this case.”
“Our office will vigorously pursue civil rights prosecutions against individuals, such as Ms. Poole Franklin, for hate motivated attacks,” said Acting U.S. Attorney Richard Westphal of the Southern District of Iowa. “Protecting the rights of the residents of our community, more importantly, the families and children who live here, is one of the most important functions of the United States Attorney’s Office. These young and courageous victims, whatever their race, color, religion, or national origin, should not have to fear for their safety by merely walking down the street. The message from today’s hearing should be crystal clear – this sort of hateful violence is unacceptable, and the Department of Justice will continue to work with our federal, state, and local partners to hold accountable all who choose to violate another’s civil rights.”
“FBI Omaha agents worked diligently with our law enforcement partners to bring Nicole Poole Franklin to justice,” said Special Agent in Charge Eugene Kowel of the FBI Omaha Field Office. “It’s unimaginable that violence based on race, sexual identity or religious beliefs still exists in this day and age. The FBI will not tolerate someone committing such abhorrent violence against two children, just because of the color of their skin. The FBI and our law enforcement partners will continue to ensure that if a crime is motivated by bias, it will be investigated, and the perpetrators held responsible for their actions. We encourage everyone to report such crimes to the FBI.”
Poole Franklin’s federal sentencing date is set for Aug. 19. She faces a maximum statutory penalty of life in prison and a fine of up to $250,000 for each of the charged offenses.
This case was investigated by the FBI, with assistance from Des Moines and Clive Police Departments. Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa and Trial Attorneys Katherine DeVar and Andrew Manns of the Civil Rights Division are prosecuting the case.
Hudson County Man Admits Role in Bank RobberyRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man today admitted his role in a bank robbery, Acting U.S. Attorney Rachael A. Honig announced.
Juan Rojas Hernandez, 21, of Jersey City, New Jersey, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to Count Two of an indictment charging him with one count of bank robbery. His co-defendants were charged in the same indictment for their roles in a Union City bank robbery.
According to documents filed in this case and statements made in court:
On Nov. 5, 2019, Rojas Hernandez and his co-defendants robbed a bank in Union City, New Jersey. Rojas Hernandez served as the lookout during the robbery while co-defendant William Tedeschi entered the bank and handed a note to a bank teller demanding money. Rojas Hernandez and his co-defendants then fled with approximately $10,200 and split the proceeds of the robbery.
The bank robbery charge to which Rojas Hernandez pleaded guilty carries a maximum potential penalty of 20 years in prison and $250,000 fine. Sentencing is scheduled for Aug. 26, 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, with the investigation leading to today’s guilty plea. He also thanked the Union City Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Vijay Dewan of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations against the remaining defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Houston man sent to prison for coercion and enticement via KikRead the Press Release
HOUSTON – A 63-year-old Houston resident has been ordered to federal prison after attempting to obtain sexual images of a young boy, announced Acting U.S. Attorney Jennifer B. Lowery.
Mark Wayne Cottrell pleaded guilty Dec. 12, 2019.
Today, U.S. District Judge Gray Miller ordered Cotrell to serve a total of 121 months in prison. He was further ordered to pay $3000 to a victim who’s image appeared in the child pornography found in Cottrell’s possession. He must also register as a sex offender and serve 15 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet.
At the time of Cotrell’s plea, he admitted to engaging in conversations via the Kik application with an individual whom he believed had access to a 10-year-old boy. Cottrell had engaged in sexually-charged conversations and requested an image of the boy’s genitals. He also sent links that contained over 1000 image files and 300 video files of child pornography.
Cottrell admitted he discussed travelling to New York to meet with the fictious boy and to possessing child pornography on his phone. Authorities also found child pornographic images on a laptop in Cottrell’s possession.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation.
Assistant U.S. Attorney Sherri L. Zack prosecuted the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Hot Springs Couple Sentenced to 28 Years Combined in Federal Prison for Drug Trafficking and Firearms PossessionRead the Press Release
Hot Springs, Arkansas – David Clay Fowlkes, Acting United States Attorney for the Western District of Arkansas, announced that Steven Mark Zuber, age 57, of Hot Springs, Arkansas, was sentenced on April 20, 2021 to 216 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine and one count of Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Tammy Ronette Lent, age 54, of Hot Springs, Arkansas, was sentenced today to 120 months in federal prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearings in the United States District Court in Hot Springs.
In August of 2018, investigators with the 18th Judicial Drug Task Force and agents with Homeland Security Investigations Little Rock launched an investigation into Zuber’s drug trafficking in the Western District of Arkansas. Over the course of the investigation, investigators and agents were able to conduct several controlled purchases of methamphetamine from Zuber and Lent. During the arrest of Zuber and Lent, a search of their residence was conducted by investigators and agents. The search resulted in locating three firearms, methamphetamine, drug paraphernalia and approximately $14,161.00.
Zuber and Lent were indicted by a federal grand jury in Dec. of 2018 and entered guilty plea’s in Nov. of 2020.
This case was investigated by the 18th Judicial Drug Task Force and Homeland Security Investigations Little Rock. Assistant United States Attorney David Harris prosecuted the case for the Western District of Arkansas.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Henderson County Man Indicted for ArsonRead the Press Release
Alleged Arsonist Charged with Destroying Water Utility Pumping Stations that Serviced Hundreds of Athens Homes
TYLER, Texas - A federal grand jury in Tyler returned an indictment this week charging an Athens man with arson in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
According to court documents, Brandon Blake Neeley, 19, of Athens, was arrested on Oct. 5, 2020 as he attempted to leave the scene of a fire at the Dogwood Estates Water Company Pump No. 2 building. Four days earlier, on Oct. 1, 2020, another building belonging to Dogwood Estates that housed Pump No. 4, was also set ablaze. Dogwood Estates Water Company serves more than 400 Athens-area homes. After both Pump No. 2 and Pump No. 4 were destroyed, Dogwood was forced to use a backup pump not designed to bear the full load of customer demands. Customers have been asked to limit their water usage until the burned pumps can be repaired or replaced. The two fires caused more than $200,000 in damage.
“The destruction of the Dogwood Estates Pumps threatened water access for numerous Athens residents who rely on the pumping station to go about their daily lives,” said Acting U.S. Attorney Nicholas J. Ganjei. “Protection of our nation’s critical infrastructure from criminals, vandals, and saboteurs is a top priority for federal, state, and local law enforcement, and these charges demonstrate that.”
Neeley is charged with arson of property used in interstate commerce. If convicted, he faces up to 20 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Henderson County Sheriff’s Office are investigating the case. Assistant U.S. Attorney Ryan Locker is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Havre man admits meth trafficking on Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS — A Havre man accused of supplying large quantities of methamphetamine to individuals on the Rocky Boy’s Indian Reservation pleaded guilty to a trafficking crime today, Acting U.S. Attorney Leif Johnson said.
Clayton Cree Morsette, 23, pleaded guilty to possession with intent to distribute meth. Morsette faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Aug. 5 and ordered Morsette detained.
In court documents filed in the case, the government alleged that in 2019, law enforcement officers learned from individuals that co-defendant Kristina Russette, of Washington, and her boyfriend, Morsette, worked together to distribute meth from the Spokane area to the Rocky Boy’s Reservation. In addition, in May 2020, Russette was driving a vehicle stopped in Washington for traffic violations. Morsette was a passenger. During a search of the vehicle, officers found multiple bags containing approximately 1.6 pounds of meth. Morsette told an officer that he and Russette had picked up those drugs in Spokane and that some of it was destined for Montana.
Multiple other individuals told law enforcement that Morsette was a longtime supplier of large quantities of meth to persons on and around the Rocky Boy’s Reservation and described him as working with Russette. Morsette admitted to working with Russette to distribute meth, making multiple trips to bring ounces of meth to the reservation and to having brought a pound of meth in a trip in March or February of 2020. Russette pleaded guilty in the case and is awaiting sentencing.
Assistant U.S. Attorney Ethan Plaut is prosecuting the case, which was investigated by the FBI, Chippewa Cree Law Enforcement Services, Tri-Agency Drug Task Force, Bureau of Indian Affairs, Kalispel Tribe Public Safety Department in Washington and the Airway Heights Police Department in Washington.
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.
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Harrison County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Samuel Robert Loretta, of Clarksburg, West Virginia, was sentenced today to 12 months and one day of incarceration for a firearms charge, Acting U.S. Attorney Randolph J. Bernard announced.
Loretta, 54, pled guilty in December 2020 to one count of “Unlawful Possession of Firearm.” Loretta, a person prohibited from having a firearm because of prior felony convictions, admitted to having .45 caliber revolver in March 2020 in Harrison County.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Clarksburg Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Guatemalan Man Charged with Multiple Firearm ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Guatemala City, Guatemala, man has been indicted by a federal grand jury for Delivering Package with Firearms without Written Notice to the Carrier, Transferring Firearms to Out of State Resident, Making False Statement in Connection with a Purchase of Firearms, and Smuggling Goods from the United States.
Jordi Raul Rogel-Rodas, a/k/a “Jordy Raul,” age 23, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 20, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and up to $800 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 27, 2020, June 11, 2020, August 3, 2020, October 30, 2020, and November 24, 2020, Rogel-Rodas, in connection with the attempted acquisition of several firearms, falsely indicated he was purchasing firearms for himself, when he was, in fact, buying them for another person.
The Indictment also alleges that on January 6, 2021, Rogel-Rodas, not being a licensed firearms dealer, mailed seven firearms and 939 rounds of assorted caliber ammunition to someone residing in Guatemala.
The charges are merely accusation and Rogel-Rodas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Alcohol, Tobacco, Firearm, and Explosives and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Rogel-Rodas was released on bond pending trial, which has been set for July 20, 2021.
Great Lakes Dredge & Dock Company Charged Causing 2016 Oil SpillRead the Press Release
NEW ORLEANS – United States Attorney Duane A. Evans announced that GREAT LAKES DREDGE & DOCK COMPANY, LLC (“GREAT LAKES”), a Texas company, was charged today with violating the Clean Water Act in connection with an oil spill in 2016.
According to the Bill of Information, GREAT LAKES negligently discharged and caused to be discharged a harmful quantity of oil into a navigable water of the United States, upon adjoining shorelines, and affecting the United States’ natural resources. The spill took place on September 5, 2016, on the edge of Bay Long near the Chenier Ronquille barrier island, which is east of Grand Isle.
If convicted, GREAT LAKES faces a possible term of probation and a fine of up to $200,000 or twice the gross gain to the defendant or twice the gross loss to any victim. A bill of information is merely a charge, and the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Environmental Protection Agency’s Criminal Investigation Division, the Department of Transportation’s Office of Inspector General, and the Department of Commerce’s Office of Inspector General. Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.
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Gloucester Man Admits Trafficking Prescription Pills and Engaging in SNAP FraudRead the Press Release
CAMDEN, N.J. – A Gloucester City, New Jersey, man today admitted conspiring to distribute Adderall, selling oxycodone, and defrauding the federal Supplemental Nutrition Assistance Program (SNAP) in connection with his role in a drug trafficking ring operating in and around Gloucester City, Acting U.S. Attorney Rachael A. Honig announced.
Michael DePoder, 41, of Gloucester City, pleaded guilty by videoconference before U.S. District Judge Renée Marie Bumb to an information charging him with one count each of conspiring to distribute and possess with intent to distribute Adderall, distributing oxycodone, and unlawfully acquiring and using SNAP benefits.
According to documents filed in this case and statements made in court:
DePoder admitted that on multiple occasions from December 2019 to March 2020, he distributed Adderall, a Schedule II controlled substance containing amphetamine, to his father, Rocco DePoder, as part of a drug distribution conspiracy. Michael DePoder also sold oxycodone pills to an associate on March 8, 2020. He also admitted unlawfully acquiring SNAP benefits in exchange for controlled substances and unlawfully using and possessing those and other SNAP benefits totaling $2,676. SNAP, formerly known as the Food Stamp program, is administered by the U.S. Department of Agriculture.
Michael DePoder was charged along with 17 others in March 2020 in connection with an investigation by the FBI into the illegal distribution of prescription drugs, including high dosage oxycodone pills, to customers in Gloucester City and Camden.
The drug conspiracy and distribution counts are punishable by up to 20 years in prison and the SNAP fraud counts are punishable by up to five years in prison. Michael DePoder also faces a fine of up to $1,000,000 on each of the drug distribution offense and a fine of up to $250,000 for the SNAP fraud offense. As part of his plea agreement, he must pay $2,676 in restitution. Sentencing is scheduled for Aug. 24, 2021.
Eleven other defendants – Rocco DePoder, 68, Marcus Rushworth, 47, and Kenneth Rushworth, 60, all of Gloucester City; Alfred Kee, Jr., 52, of Blackwood, New Jersey; Robert Pratt, 57, of Myrtle Beach, South Carolina, formerly of Blackwood; Wayne Muse, 74, of Lindenwold, New Jersey; Eric Bell, 50, Steven Walker, 50, Alexander Siaca, 55, all of Camden; Antwan Tucker, 51, of Woodbury, New Jersey; and Anwar Abdullah, 32, of Pennsauken, New Jersey – previously pleaded guilty before Judge Bumb to informations charging them with drug trafficking offenses involving the distribution of prescription drugs. They are all awaiting sentencing.
Acting U.S. Attorney Honig credited special agents of the FBI Philadelphia Division, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael J. Driscoll; U.S. Department of Health and Human Services-Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the Camden County Sheriff's Office, under the direction of Sheriff Gilbert L. Wilson; New Jersey Office of Homeland Security and Preparedness, under the direction of Director Jared M. Maples; the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; and the U.S. Department of Agriculture-Office of Inspector General, under the direction of Special Agent in Charge Bethanne M. Dinkins, with the investigation leading to today’s guilty plea.
She also thanked the FBI Newark Division, New Jersey State Police, Camden County Prosecutor’s Office, and U.S. Drug Enforcement Administration for their assistance.
The government is represented by Assistant U.S. Attorneys Gabriel J. Vidoni of the Office’s Camden branch and Sara F. Merin of the Newark Office.
The charges and allegations contained in the complaints and indictments against the remaining defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Fugitive narcotics trafficker apprehendedRead the Press Release
BROWNSVILLE, Texas – A 33-year-old Brownsville resident has been taken into custody after being on the run from law enforcement for the past year, announced Acting U.S. Attorney Jennifer B. Lowery.
Authorities found William Garcia allegedly living illegally in Mexico April 21. He is expected to make his initial appearance today at 9 a.m. in Brownsville before U.S. Magistrate Judge Ignacia Torteya III.
Garcia is charged in a nine-count indictment unsealed today with conspiracy and possessing with intent to distribute cocaine and heroin, money laundering and operating an unlicensed money transmitting business. Garcia allegedly operated a drug trafficking conspiracy which moved cocaine and heroin from Mexico into the United States since 2016. Garcia is also accused of returning the illegal drug proceeds from the sale of heroin and cocaine back to Mexico, according to the charges.
The indictment also alleges Garcia used the United States banking system to collect his drug money.
If convicted, Garcia is up to life in prison and up to a $10 million possible fine.
Homeland Security Investigations, Drug Enforcement Administration and IRS-Criminal Investigation conducted the Organized Crime Drug Enforcement Task Force (OCDETF) investigation La Camelia. Customs and Border Protection and Cameron County District Attorney’s Office also provided assistance. Assistant U.S. Attorney Karen Betancourt is prosecuting the case.
OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Former Union Official Sentenced to Probation for Forgery SchemeRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announces that Matthew Cuomo, age 55, of Kansas City, Missouri, was sentenced on April 21, 2021 to three (3) years of probation following his previous guilty plea to Forgery, in violation of Title 18, United States Code, Section 513, before the Honorable Judge Lance M. Africk.
Cuomo was the former president of a local labor union for employees of the Transportation Security Administration (TSA) and worked at multiple airports in Louisiana and Mississippi. An audit in 2017 revealed that union funds were missing, and a subsequent investigation revealed that Cuomo forged checks from the union’s bank account and used union funds for personal expenses. Cuomo forged approximately 50 checks, resulting in a loss of $15,000 to the local union. As part of his sentence, the defendant must make restitution of $15,000 to the local union.
U.S. Attorney Evans praised the work of the United States Department of Labor and the Transportation Security Administration for their investigation in this case.
“While the vast majority of union officers and employees do their work diligently and without incident, unfortunately civil and criminal violations do sometimes occur and, when they do, the union is the victim. The U.S. Department of Labor will continue to protect unions and their members by seeking appropriate punishment of, and restitution from, anyone attempting to use their position for personal financial gain at the expense of union members,” said Office of Labor-Management Standards Supervisory Investigator Tara Thibodaux in New Orleans, Louisiana. “This sentence and restitution order sends a clear message that there are consequences for individuals who breach the trust placed in them to be good stewards of union funds. We remain committed to working with our law enforcement partners to protect the financial integrity of labor unions.”
The prosecution is being handled by Assistant United States Attorney Myles Ranier.
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Former Memphis Attorney Convicted in Scheme to Defraud ClientsRead the Press Release
Memphis, TN – Following a four-day trial, a federal jury returned guilty verdicts on all seven counts of the indictment this afternoon of former Memphis Attorney George E. Skouteris, Jr. 56. Acting U.S. Attorney, Joseph C. Murphy, Jr., announced the verdict today.
According to the indictment, between 2007 and March 2013, Skouteris engaged in a scheme to defraud his clients by settling cases without notifying them and forging their endorsements on the settlement checks made jointly payable to him and the client. The indictment alleges that Skouteris then deposited the checks to bank accounts he maintained at TrustOne Bank. Skouteris fraudulently obtained in excess of $250,000 during the scheme.
A sentencing hearing is scheduled before U.S. District Judge John T. Fowlkes, Jr., on August 19, 2021. Skouteris faces a mandatory maximum penalty of 30 years imprisonment, a fine of $1,000,000 and five years supervised release as to each count. There is no parole in the federal system.
This case was investigated by the Tennessee Bureau of Investigation and the Federal Bureau of Investigation.
Assistant U.S. Attorneys Carroll L. André III and David N. Pritchard prosecuted the case on behalf of the government.
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Former Ironworkers Treasurer Pleads Guilty to Stealing Union FundsRead 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 Scott Russell Merritt, 40, of Celoron, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to theft from a labor union. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that between May 2011, and August 2018, the defendant was the treasurer of Ironworkers Local 470. As treasurer, Merritt embezzled $50,850.71 in union funds. The defendant wrote union checks to pay various personal expenses.
The plea is the result of an investigation by the U.S. Department of Labor, Office of Labor Management Standards, under the direction of the Boston-Buffalo District Director Jonathan Russo.
Sentencing is scheduled for August 18, 2021, at 2:00 p.m. before Judge Sinatra.
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Former Greene Co. Sheriff’s Lieutenant Sentenced to Two Years in PrisonRead the Press Release
LITTLE ROCK—A former Greene County Sheriff’s Lieutenant has been sentenced to two years in prison after stealing over $30,000 used in a ruse undercover drug operation. Allen Scott Pillow, 56, of Paragould, was sentenced today by United States District Judge Lee P. Rudofsky.
Pillow pleaded guilty on December 21, 2020, to one count of theft of government funds. In addition to the term of 24 months’ imprisonment, Judge Rudofsky also sentenced Pillow to two years of supervised release following his term of imprisonment as well as a $15,200 fine.
After receiving information that former Lieutenant Pillow might be abusing his role with the Greene County Sheriff’s Office, FBI Special Agents and Task Force Officers conducted a ruse narcotics investigation and sought Pillow’s help with the investigation. Pillow had previously retired from Arkansas State Police, where he was suspected to be involved with multiple instances of theft. On November 4, 2019, FBI task force officers parked a rental vehicle in a commercial parking lot in Paragould and staged a glass drug pipe in the vehicle along with a red backpack containing $76,000. The cash was divided into ten bundles of $7,600 each, and investigators recorded the serial numbers.
After staging the vehicle, two FBI Task Force Officers contacted Pillow on his cell phone and asked him to respond to the scene. The officers relayed to Pillow that they began a narcotics investigation in Tennessee and now needed Pillow’s help as the target had traveled into Arkansas. Pillow traveled to the scene in his Sheriff’s Department vehicle, searched the staged rental vehicle, and recovered the glass pipe, backpack, and currency.
Later that day, Pillow called the officers and informed them that the backpack had contained $45,600, leading agents to believe Pillow had taken four bundles of $7,600 each, totaling $30,400 of stolen FBI funds. Agents obtained a search warrant for Pillow’s residence and found $2,300 in his possession and $27,820 in a safe in his attic. The serial numbers on the discovered currency matched the original FBI serial numbers. The remaining $280 in stolen funds was not located.
Pillow was indicted in November 2019, and the case was investigated by the FBI and prosecuted by Assistant United States Attorney Erin O’Leary.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Florida Man Who “Tweeted” Child Sexual Abuse Images Pleads Guilty to Federal ChargesRead the Press Release
Tampa, Florida – Marchaun Browning (24, Gibsonton) has pleaded guilty to distributing and possessing images depicting the sexual abuse of children. He faces a mandatory minimum sentence of 5 years, and up to 70 years, in federal prison. A sentencing date has not yet been set.
According to court documents, in June 2017, Browning created several Twitter accounts. On several different occasions, he posted child sex abuse images and tagged other Twitter accounts associated with public officials, media outlets, and public figures. Browning’s tweets also contained messages directed at the intended and tagged recipients.
Law enforcement officers executed a search warrant at Browning’s residence in Gibsonton and seized electronic devices that contained more than 160 images and one video depicting the sexual abuse of children, including some as young as toddlers.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Polk County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Frank Murray.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Five People Charged, Two Others Admit Guilt, in $93 Million Health Care Fraud SchemeRead the Press Release
NEWARK, N.J. – Five individuals have been charged and two others have pleaded guilty in New Jersey for their roles in massive durable medical equipment and genetic cancer screening kickback fraud schemes, Acting U.S. Attorney Rachael A. Honig announced today.
Thomas Farese, 78, of Delray Beach, Florida; Pat Truglia, 53, of Parkland, Florida; Domenic J. Gatto Jr., 46, of Palm Beach Gardens, Florida; and Nicholas Defonte, 72, and Christopher Cirri, 63, both of Toms River, New Jersey, are each charged by complaint with conspiracy to commit health care fraud.
Two additional individuals pleaded guilty today by videoconference before U.S. District Judge Kevin McNulty: Brian Herbstman, 46, of Jackson, New Jersey, pleaded guilty to an information charging him with conspiracy to commit health care fraud and to violate the Anti-Kickback Statute; and Sean Hogan, 48, Old Bridge, New Jersey, pleaded guilty to an information charging him with conspiracy to engage in money laundering. Sentencing for both is scheduled for Aug. 31, 2021.
According to documents filed in these cases and statements made in court:
Each of the defendants played a role in defrauding health care benefit programs by offering, paying, soliciting, and receiving kickbacks and bribes in exchange for completed doctors’ orders for durable medical equipment (DME), namely orthotic braces:
- Farese, Truglia, Gatto, and their conspirators had financial interests in multiple DME companies, which paid kickbacks to suppliers of DME orders, including Cirri, Defonte, and Truglia. In exchange for DME orders, the DME companies fraudulently billed Medicare, TRICARE, CHAMPVA, and other health care benefit programs. The defendants concealed their ownership of the DME companies by using straw owners, who were falsely reported to Medicare as the owners of the companies.
- Truglia, Cirri, Defonte, and their conspirators owned and operated multiple call centers through which they obtained DME orders for beneficiaries of Medicare and other federal health care programs. The call centers paid illegal kickbacks and bribes to telemedicine companies to obtain DME orders for these beneficiaries. The telemedicine companies then paid physicians to write medically unnecessary DME orders. The orders were provided to DME supply companies owned by Farese, Truglia, Gatto, and others in exchange for bribes. The DME supply companies provided the braces to beneficiaries and fraudulently billed the health care programs.
- Herbstman and his conspirators had financial interests in multiple DME companies. The DME companies paid kickbacks to suppliers in exchange for DME orders, which the DME companies fraudulently billed to Medicare, TRICARE, CHAMPVA, and other health care benefit programs.
- Hogan and his conspirators agreed to launder the proceeds of the health care fraud conspiracy. From March 2018 to October 2019, Hogan and others withdrew approximately $1.16 million in ill-gotten gains.
Herbstman and his conspirators had business relationships with call centers through which they obtained patient referrals for genetic cancer screening tests. Herbstman provided these patient referrals to others in exchange for kickbacks and bribes from companies that performed the tests and fraudulently billed them to health care programs.
The defendants caused losses to Medicare, TRICARE, and CHAMPVA of approximately $93 million.
The charge of conspiracy to commit health care fraud is punishable by a maximum potential penalty of 10 years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greater. The charges of conspiracy to violate the federal Anti-Kickback Statute and conspiracy to commit health care fraud, to which Herbstman pleaded guilty, are punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greater. The charge of conspiracy to transact in criminal proceeds, to which Hogan pleaded guilty, is punishable by a maximum potential penalty of 10 years in prison and a fine of $250,000 or twice the gross profit or loss caused by the offense, whichever is greater.
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; the Department of Health and Human Services-Office of Inspector General, under the direction of Scott J. Lampert; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Patrick J. Hegarty; and the U.S. Department of Veterans Affairs Office of Inspector General, under the direction of Special Agent in Charge Christopher F. Algieri, with the investigations leading to the charges and guilty pleas.
The government is represented by Assistant U.S. Attorneys Sean M. Sherman and Ryan L. O’Neill of the Opioid Abuse Prevention & Enforcement and Health Care Fraud Units in Newark, Senior Trial Counsel Barbara Ward of the Asset Recovery and Money Laundering Unit in Newark, and Trial Attorney Darren C. Halverson of the Criminal Division’s Fraud Section.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Five Individuals Charged for Roles in $65 Million Nationwide Conspiracy to Defraud Federal Health Care ProgramsRead the Press Release
The owners of four orthotic brace suppliers and several marketing companies were charged in a complaint unsealed yesterday for allegedly orchestrating a nationwide kickback and bribery scheme to order medically unnecessary orthotic braces for Medicare beneficiaries.
Thomas Farese, 78, of Delray Beach, Florida and Pat Truglia, 53, of Parkland, Florida, the owners of orthotic brace suppliers, were each charged with one count of conspiracy to commit health care fraud and three counts of health care fraud, all in connection with paying and receiving health care kickbacks and bribes for orders of orthotic braces.
Christopher Cirri, 63, and Nicholas DeFonte, 72, both of Toms River, New Jersey, the owners and operators of a fraudulent marketing company were charged with one count of conspiracy to commit health care fraud in connection with paying and receiving health care kickbacks and bribes for orthotic brace orders. Cirri and DeFonte were arrested and appeared this afternoon before U.S. Magistrate Judge Jessica S. Allen of the District of New Jersey
Domenic Gatto, 46, of Palm Beach Gardens, Florida, an owner and operator of an orthotic brace supplier, was charged with one count of conspiracy to commit health care, in connection with soliciting and receiving health care kickbacks. Gatto surrendered and appeared this afternoon before U.S. Magistrate Judge Jessica S. Allen of the District of New Jersey
The complaint alleges that between October 2017 and April 2019, Farese, Truglia, Cirri, DeFonte, and Gatto participated in a nationwide conspiracy to defraud Medicare, TRICARE, Civilian Health and Medical Program of the Department of
Veterans Affairs (CHAMPVA), and other federal and private health care benefit programs through the payment and receipt of illegal health care fraud kickbacks in exchange for orthotic brace orders that lacked medical necessity with a total loss of approximately $65 million.
The complaint further alleges that Truglia, Cirri, and DeFonte operated or controlled marketing call centers to solicit beneficiaries of federal and private health care benefit programs and to entice them to accept orthotic braces regardless of need. Truglia, Cirri, and DeFonte paid telemedicine companies illegal kickbacks and bribes in exchange for doctors and other medical professions signing brace orders and falsely swearing to their medical necessity. Truglia, Cirri, and DeFonte concealed the kickbacks and bribes by entering into sham contracts with the fraudulent telemedicine companies and issuing invoices describing the payments as “marketing” or “business process outsourcing” expenses.
Farese and Truglia purchased these brace orders through orthotic brace suppliers in Georgia and Florida through which they billed the federal and private health care benefit programs for the orders. To conceal their ownership interests in the brace suppliers, Farese and Truglia used nominee owners and provided those names to Medicare in lieu of their own.
The complaint further alleges that Gatto connected Cirri and DeFonte to other co-conspirators and arranged for Cirri and DeFonte to sell orthotic brace orders to orthotic brace suppliers in New Jersey and Florida in exchange for illegal health care kickbacks and bribes. Gatto and others paid Cirri and DeFonte kickbacks and bribes for each federal health care beneficiary for whom orthotic brace orders were sold to orthotic brace suppliers to be billed to Medicare, TRICARE, CHAMPVA, and other federal and private health care benefit programs. To conceal the kickbacks and bribes, Cirri and DeFonte created sham invoices labeling the payments as “marketing” and “business processing outsourcing” expenses. To conceal his ownership interest in the brace supplier, Gatto used a nominee owner on forms submitted to Medicare and used shell corporations to transfer the funds he paid in connection with the purchase of the supplier.
The charges here—health care fraud and conspiracy to commit health care fraud—are punishable by a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross profit or loss caused by the offense, whichever is greater. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Rachael A. Honig of the District of New Jersey; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher F. Algieri of Department of Veterans Affairs Office of Inspector General (VA-OIG); Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service (DCIS); and Special Agent in Charge George M. Crouch Jr. of the FBI’s Newark Field Office made the announcement.
This case was investigated by HHS-OIG, DCIS, the FBI, and VA-OIG.
Trial Attorney Darren C. Halverson of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Sean Sherman and Ryan O’Neill of the District of New Jersey are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Any doctors or medical professionals who have been involved with alleged fraudulent telemedicine and durable medical equipment (DME) marketing schemes should call to report this conduct to the FBI hotline at 1-800-CALL-FBI.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Felon Sentenced for Unlawful Possession of A FirearmRead the Press Release
LAS VEGAS, Nev. – A felon was sentenced yesterday to 46 months in federal prison for unlawful possession of a firearm that had been used in an attempted robbery, announced Acting U.S. Attorney Christopher Chiou for the District of Nevada.
Derrick Simmons, 28, of Las Vegas, had pleaded guilty in January 2021 to one count of felon in possession of a firearm. U.S. District Judge Gloria M. Navarro presided over the sentencing hearing.
According to court documents, on or about June 7, 2020, Las Vegas Metropolitan Police Department officers recovered a .22 caliber semi-automatic firearm from Simmons’ vehicle. He had previously used the firearm during an attempted robbery on June 6, 2020. Simmons is prohibited from possessing a firearm due to a prior felony conviction in Clark County for robbery and battery with a deadly weapon.
This case was investigated by the Las Vegas Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Federal Grand Jury B Indictments Announced-AprilRead the Press Release
Acting United States Attorney Clint Johnson today announced the results of the April 2021 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jack Clinton Brady. Receipt of Child Pornography; Possession of Child Pornography in Indian Country. From Jan. 1, 2018, to March 4, 2021, Brady, 66, of Tulsa, allegedly received and possessed child pornography. U.S. Immigration and Customs Enforcements’ Homeland Security Investigations and Tulsa Police Department are the investigative agencies.
Terrence Andrew Davis. Coercion and Enticement of a Minor; Production of Child Pornography; Commission of Felony Sex Offense by a Registered Sex Offender. Davis, 29, of Bristow, allegedly enticed and coerced a minor using a social media app to engage in sexual activity from Aug. 1 to Aug. 5, 2020. Davis is also charged with enticing and coercing the minor to engage in sexually explicit conduct for the purpose of producing visual depictions after a previous conviction of soliciting sexual conduct or communication with a minor by use of technology in Creek County District Court. Finally, on Aug. 5, 2020, Davis, a registered sex offender, allegedly committed a felony sex offense against the minor. The Bristow Police Department is the investigative agency.
Isaiah Drywater. Unlawful User of a Controlled Substance in Possession of a Firearm. Drywater, 23, of Tulsa, knowing he was an unlawful drug user, possessed a Smith & Wesson 9 mm semi-automatic pistol. The Tulsa Police Department is the investigative agency.
Kim Wade Dyer, Jr. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Felon in Possession of a Firearm; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises; Possession of Methamphetamine with Intent to Distribute. Dyer Jr., 22, of Tulsa, is charged with being a felon in possession of a Canik 9 mm caliber pistol and with possessing with intent to distribute 500 grams or more of methamphetamine on Sept. 23, 2020. Dyer Jr. is also charged with being a felon in possession of a Benelli Ethos shotgun and possession with intent to distribute 500 grams or more of methamphetamine on Dec. 18, 2021. He is further charged with possessing with intent to distribute 50 grams or more of methamphetamine on March 4, 2021. The defendant is also charged with possessing a firearm in furtherance of a drug trafficking crime and maintaining a drug involved premises. The FBI, Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Cynthis Lucille Fish. Robbery in Indian Country. Fish, 40, of Dewey, aided and abetted others to rob an individual of methamphetamine using force and violence on March 17, 2020. The FBI and Osage County Sheriff’s Office are the investigative agencies.
Dallas Gene Hastings. First Degree Murder in Indian Country. Hastings, 40, of Claremore, is charged with the first degree murder of Erie Anderson Raybon, an 88-year old woman, by beating her to death with a hammer during a home invasion on Jan. 2, 2000. The FBI, Claremore Police Department, and Oklahoma State Bureau of Investigation conducted the investigation.
Kyle Wayne Lawrence. Aggravated Sexual Abuse; Sexual Abuse; Sexual Abuse of a Minor. On Jan. 30, 2018, Lawrence, 35, of Afton, allegedly supplied a minor with alcohol until she became unconscious then sexually abused her. The FBI and Nowata Police Department are the investigative agencies.
Steven Wayne Lockler Jr. First Degree Murder in Indian Country. Lockler Jr., 41, allegedly perpetrated a pattern of assault and torture against a child, Christopher Barnard, and killed the him on April 28, 2008 by striking him in the abdomen. The FBI and Claremore Police Department are the investigative agencies.
Johnny Edward Mize Jr. Murder- Second Degree. Mize Jr., 35, of Tulsa, is charged with shooting and killing a Native American juvenile on July 4, 2017. The Tulsa County Sheriff’s Office and FBI are the investigative agencies.
Marie Morrow; Heather Griffith. Assault with a Dangerous Weapon in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country; Assault by Striking, Beating, and Wounding (Misdemeanor). On March 15, 2020, Morrow, 25, of Grove, allegedly stabbed a victim with a knife, resulting in serious bodily injury. Approximately 15 minutes prior to the stabbing, Griffith, 27, of Grove, allegedly assaulted the same victim by striking, beating and wounding her while Morrow restrained her. The FBI, Oklahoma State Bureau of Investigation, and Delaware County Sheriff’s Office are the investigative agencies.
Rene Ramos; Edgar Tejeda. Possession of Methamphetamine with Intent to Distribute. Ramos, 37, and Tejeda, 24, both of Tulsa, are charged with knowingly possessing with intent to distribute 500 grams or more of methamphetamine. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies.
Gary Dumont Riggs. Aggravated Sexual Abuse of Child (4 Counts). Riggs, 76, of Claremore, is charged with three counts of sexually abusing a minor between May 1, 2014 and Sept. 1, 2014, and one count of sexually abusing a minor between Dec. 1, 2014 to Jan. 31, 2015. The FBI and Verdigris Police Department are the investigative agencies.
Keli Dawn Sewell. Assault With a Dangerous Weapon. Sewell, 31, of Sapulpa, is charged with assaulting a victim with a pistol. The FBI is the investigative agency.
Virgil Wayne Steel. Assault of an Intimate Partner and Dating Partner by Strangling and Attempting to Strangle in Indian Country. On March 30, 2019, Steel, 36, of Nowata, allegedly strangled and attempted to strangle his dating partner. The FBI and Oologah Police Department are the investigative agencies.
Desiree Dione Tah. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Tah, 38, of Claremore, is charged with assaulting a male victim by stabbing him with a knife on March 9, 2020. The FBI and Claremore Police Department are the investigative agencies.
Maxwell Todhunter. Drug Conspiracy; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises. Todhunter, 34, Tulsa, is charged with conspiring with others to possess with intent to distribute and to distribute 500 grams or more of methamphetamine. He is also charged with possessing with intent to distribute 500 grams or more of methamphetamine. He is further charged with possessing a Lorcin .380 ACP caliber handgun in furtherance of a drug trafficking crime and with maintaining a premises for distributing and using methamphetamine. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies.
Jimmy Allen Truster. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Truster, 53, of Afton, is charged with assaulting a female victim by stabbing her with a knife and striking her in the head with a rock. The FBI and Ottawa County Sheriff’s Office conducted the investigation.
Robert Allen Weeks. Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Dating Partner in Indian Country. On April 2, 2021, Weeks, 35, of Tulsa, allegedly assaulted his dating partner by shoving her to the floor and kicking and punching her, resulting in serious bodily injury. The FBI and Tulsa Police Department are the investigative agencies.
Kamau Jahi Williams; Tanara Monique Ruble; Albert Thomas III. Distribution of Methamphetamine; Drug Conspiracy; Distribution of Heroin; Possession of Heroin with Intent to Distribute; Possession of a Firearm in Furtherance of Drug Trafficking Crimes (superseding). Williams, 42, of Tulsa, is charged with knowingly distributing methamphetamine. In this superseding indictment, Williams and Ruble, 39, of Tulsa, are charged with conspiring together and with others to possess with intent to distribute and to distribute heroin. Thomas, 38, of Sapulpa, is charged with knowingly distributing heroin and with possessing with intent to distribute heroin. Thomas is further charged with possessing a firearm in furtherance of his drug trafficking crime. The Drug Enforcement Agency and Tulsa Police Department are the investigative agencies.
Marquiloh Donte Williams. Aggravated Sexual Abuse in Indian Country; Kidnapping in Indian Country; Assault with a Dangerous Weapon in Indian Country. Williams, 24, of Wagoner, threatened a victim, held a machete to her neck, and sexually assaulted her on Aug. 18, 2019. The FBI and Tulsa Police Department are the investigative agencies.
Father and daughter plead guilty to selling millions of dollars in stolen retail product onlineRead the Press Release
ATLANTA - Robert Whitley, a/k/a Mr. Bob, and Noni Whitley, father and daughter, have each pleaded guilty to a separate criminal information charging them for their roles in operating Closeout Express and Essential Daily Discounts, which for years sold millions of dollars of stolen retail product online.
“Robert and Noni Whitley operated a well-organized criminal enterprise disguised as an apparently legitimate small business,” said Acting U.S. Attorney Kurt R. Erskine. “This is retail theft on a massive scale. We will continue to work with retailers and manufacturers to combat organized retail crime that is made easier and more lucrative by the ease by which stolen product can be sold online.”
"For more than eight years, the Whitley’s profited off of the backs of legitimate retailers by encouraging theft of their products for resale online,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Stopping this massive theft of products not only protects the retailers, but also consumers who are affected by those retailers’ losses.”
“The investigation of this criminal enterprise required coordinated enforcement actions through the sharing of intelligence and working together operationally with the FBI. This extensive scheme went beyond petty shoplifting at retail stores and entailed the deliberate sale of stolen goods through third party marketplaces for profit,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “Postal Inspectors are committed to protecting the U.S. Mail system and will continue to work with our law enforcement partners to aggressively investigate these types of crimes.”
According to Acting U.S. Attorney Erskine, the charges and other information presented in court: Between approximately January 2011 and November 2019, Robert Whitley and Noni Whitley operated an organized retail crime operation (“ORC”) in Atlanta through several entities, including Closeout Express and Essentials Daily Discounts. An ORC operation refers to a professional shoplifting, cargo theft, or retail crime ring, or other organized crime occurring in a retail environment. Robert Whitley was the owner and operator of Closeout Express. Noni Whitley worked with her father and helped operate and manage their ORC operation.
Closeout Express and Essential Daily Discounts operated from a warehouse and several residences in Atlanta. Robert Whitley and Noni Whitley relied on “boosters”—who are essentially professional shoplifters—to steal specific retail products or categories of items, including over-the-counter medications (e.g., Prilosec, Nexium, Rogaine, and Claritin), shaving razors, oral care products, as well as health and beauty aids. The boosters stole these products from various big box retailers, national drugstore chains, and national supermarket chains throughout metro Atlanta including CVS, Kroger, Publix, Target, and Walgreens. The boosters would typically bring the stolen product in large trash bags to Closeout Express's warehouse in southwest Atlanta. Robert and Noni Whitley paid the boosters in cash for the stolen product.
Closeout Express mainly sold the stolen retail products online at its own websites, and through various online e-commerce platforms, including the Amazon Marketplace, Walmart Marketplace, and Sears Marketplace. In exchange for a monthly fee or some percentage of the sales, Amazon, Walmart, and Sears permit third-party sellers to establish “online storefronts” to sell new or used products on a fixed-price online marketplace alongside these companies’ regular offerings. Closeout Express established “online storefronts” on each of these marketplaces to sell the stolen retail product. Across these various e-commerce platforms, Closeout Express sold millions of dollars of stolen retail product at below retail and even wholesale cost. Robert and Noni Whitley also sold hundreds of thousands of dollars of stolen product through Essential Daily Discounts’ own website.
In November 2019, federal agents executed multiple search warrants at Closeout Express’s southwest Atlanta warehouse and multiple residences connected to Robert and Noni Whitley. These locations had been used to sort, store, and process the stolen retail product (e.g., “clean” the items of identifying information or anti-theft devices.) Among other evidence of the ORC operation, agents recovered more than $1 million in stolen retail products.
While in operation, Robert Whitley and Noni Whitley sold more than $5 million in stolen retail product through Closeout Express and Essential Daily Discounts.
Robert Whitley, 70, of Atlanta, Georgia, pleaded guilty to one count of interstate transportation of stolen property. His sentencing is scheduled for July 28, 2021 at 2:00 p.m. Noni Whitley, 46, of Atlanta, Georgia, pleaded guilty to one count of conspiracy to commit interstate transportation of stolen property. Her sentencing is scheduled for July 28, 2021 at 1:00 p.m. Both sentencings will be held before U.S. District Judge J. P. Boulee.
This case is being investigated by the Federal Bureau of Investigation and U.S. Postal Inspection Service.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Elizabethtown Man Receives 10 Years in Federal Prison for Methamphetamine and Firearm ChargesRead the Press Release
RALEIGH, N.C. – Christopher Neil McLean, age 47, of Elizabethtown, North Carolina was sentenced April 19, 2021 in Federal District Court in Raleigh. McLean was sentenced to 120 months in federal prison on three counts of an indictment charging: conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine; possession with intent to distribute fifty (50) grams or more of a mixture and substance containing methamphetamine and aiding and abetting; and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, over the weekend of May 30, 2020, Paige Anderson, previously sentenced to 72 months in federal prison, and McLean would travel to Sanford, NC to pick up a large amount of methamphetamine and return the methamphetamine to Bladen County for distribution. On June 1, 2020, law enforcement officers conducted a traffic stop on a vehicle by McLean and Paige Anderson was the passenger. Law enforcement observed McLean leaning towards the center console of the vehicle. Officers were unable to see McLean’s hands upon approach and commanded that McLean show his hands. A K-9 was deployed after McLean and Paige Anderson were secured and the vehicle searched. During the search of the vehicle, law enforcement found approximately 90 grams of methamphetamine, plastic baggies, glass pipes, digital scales, a firearm and $1,189. Law enforcement officers found the firearm and holster in the center console area of the car. Following the stop, McLean provided an unprotected statement indicating that he had a lot of methamphetamine in his car.
G. Norman Acker III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bladen County Sheriff’s Office and Federal Bureau of Investigation (FBI) investigated the case and Special Assistant U.S. Attorney Murphy Averitt prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation and the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
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. 7:20-cr-00150-D.
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Eastern District of Oklahoma Federal Grand Jury Hands Down Record Number of IndictmentsRead 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 a four-day session last Friday and returned ninety felony indictments. Acting United States Attorney Christopher Wilson called the session “historic.”
“The Eastern District of Oklahoma normally prosecutes around one hundred to one hundred-ten felony cases each year,” said Wilson. “During this last grand jury session alone, Assistant United States Attorneys from our office presented ninety cases and the grand jury returned ninety indictments, fourteen of which remain sealed pending arrest of the charged defendants. This is an unprecedented and historic number of indictments for the Eastern District.”
The vast majority of the new filings are crimes arising out of Indian Country. In July 2020, the United States Supreme Court determined in McGirt v. Oklahoma the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for First Degree Rape by Instrumentation, Lewd Molestation and Forcible Sodomy. On March 11, 2021, the Oklahoma Court of Criminal Appeals ruled the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1, 2021. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by Native Americans or against Native Americans occurring within the twenty-six counties of the Eastern District of Oklahoma.
“It has been our priority to transition defendants in state custody whose charges are being dismissed or convictions set aside as a result of McGirt into federal custody to stand trial in federal court,” said Wilson. “We were able to accomplish that with Jimcy McGirt and he was convicted by a federal jury for his crimes. This same goal has led to the record number of recent indictments.”
Of the seventy-six publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, fourteen involve sexual assault or exploitation of minors, and the balance contain allegations of child abuse, attempted murder, involuntary manslaughter, felonious assault, robbery, and kidnapping. The six non-Indian Country cases involve illegal possession of narcotics, firearms offenses and failure to register as a sex offender.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma:
Murder:
United States v. Dana Marie Barker - Murder in Indian Country
United States v. Melvin James Battiest – Murder in Perpetration of Robbery in Indian Country
United States v. Cory Dean Boykin – Murder in Indian Country
United States v. Kalup Allen Born – Count 1: Murder in Perpetration of Robbery & Kidnapping in Indian Country, Count 2: First Degree Burglary in Indian Country, Count 3: Robbery in Indian Country, and Count 4: Kidnapping in Indian Country
United States v. Byron Jerome Burton, a/k/a Bryon Burton, a/k/a Byron J. Burton – Count 1: Murder in Perpetration of Robbery in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. K C Cole – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tyrik Da’Shon Cohee – Murder in Indian Country
United States v. Christopher Lynn Collins – Murder in Indian Country – Second Degree
United States v. Charles Michael Cooper – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country in Perpetration of Burglary and Aggravated Sexual Abuse, Count 3: Burglary in the First Degree in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, and Count 5: Arson in Indian Country
United States v. Andrew Duncan – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Scott Eagle – Count 1: Murder in Indian Country and Count 2: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Carlton Dion Franklin – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Stormy Seth Gann – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Glen Gore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Rape in Indian Country
United States v. Denise Grass – Murder in Indian Country
United States v. Bobby Joe Hector, Jr. – Murder in Indian Country
United States v. Joseph Allen Hernandez – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country and Count 3: Arson in Indian Country
United States v. Shawn Thomas Jones – Count 1: Murder in Indian Country – Second Degree, Count 2: Murder in Indian Country – Second Degree and Count 3: Driving Under the Influence of Alcohol or Other Intoxicating Substance Resulting in Great Bodily Injury
United States v. Laurie Jean Martin – Murder in Indian Country
United States v. Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Accessory After the Fact and Count 5: Conspiracy
United States v. Jessica Tyan Moore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Robbery in Indian Country
United States v. Tyler Jay Mullins – Murder in Indian Country
United States v. Jimmy Louis Northcutt, Jr. (Superseding Indictment) – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Burglary in the Second Degree in Indian Country, Count 5: Felon in Possession of a Firearm and Count 6: Possession of Stolen Firearm
United States v. Delila Pacheco – Murder in Perpetration of Child Abuse in Indian Country
United States v. James Eric Parker – Count 1: Murder in Indian Country, Count 2: Murder in Perpetration of Kidnapping in Indian Country, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 4: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 5: Kidnapping in Indian Country
United States v. Tyler Presley – Count 1: Murder in Indian Country in Perpetration of Kidnapping, Count 2: Kidnapping in Indian Country Resulting in Death, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 4Interstate Transportation of a Stolen Vehicle
United States v. Cainey Roberts Jr. – Murder in Indian Country
United States v. Clayton Joe Roberts – Murder in Perpetration of Child Abuse in Indian Country
United States v. Richard Wayne Jr. – Murder in Indian Country – Second Degree
United States v. David Glen Thompson – Murder in Indian Country
United States v. Keith Bruno Titsworth – Murder in Indian Country
United States v. Stephen Tanner Vineyard – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tonya Ann Watie – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Burglary in Indian Country
United States v. Brandon Lee White – Count 1: Murder in Indian Country - Second Degree, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 4: Possession of Unregistered Firearm; Felon in Possession of a FirearmSexual Assault:
United States v. Ricky Don Ables, Jr. – Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird – Sexual Abuse of a Minor in Indian Country
United States v. Keith Elmo Davis - Sexual Abuse of a Minor in Indian Country
United States v. J.D. Hooper Jr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country and Count 4: Sexual Abuse of a Minor in Indian Country
United States v. Garrett Joseph Hurst - Sexual Abuse in Indian Country
United States v. Ronnie Lee Lamb – Count 1: Sexual Abuse of a Minor in Indian Country, Count 2: Sexual Abuse of a Minor in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country, Count 4: Sexual Abuse of a Minor in Indian Country, Count 5: Possession Of Certain Material Involving the Sexual Exploitation of a Minor and Count 6: Transfer of Obscene Material to a Minor
United States v. Matthew Roy Lawson (Superseding Indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3:Aggravated Sexual Abuse in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, Count 5: Lewd Acts with a Child in Indian Country, Count 6: Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and Count 7: Possession of Certain Material Involving the Sexual Exploitation of a Minor
United States v. Jay Leon McMillan – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Aggravated Sexual Abuse in Indian Country and Count 4: Aggravated Sexual Abuse in Indian Country
United States v. Santiago “Jimmy” Perez III – Count 1: Coercion and Enticement of a Minor, Count 2: Kidnapping in Indian Country and Count 3: Lewd Acts with a Child Under the Age of 12 in Indian Country
United States v. Danny Ray Reisman – Sexual Abuse in Indian Country
United States v. Levi Cody Root, Sr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country and Count 3: Aggravated Sexual Abuse in Indian Country
United States v. Christopher Cody Eugene Space – Abusive Sexual Contact of a Child Age 12 to 16 Years
United States v. Philip Ryan Stanley – Counts 1-12: Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel – Count 1: Sexual Abuse of a Minor in Indian Country and Count 2: Abusive Sexual Contact in Indian CountryOther violent crime in Indian Country:
United States v. Aaron Wayne Adams – Attempted Robbery in Indian Country
United States v. Nika Daniel Alexander – Count 1: Robbery in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, Count 4: Robbery in Indian Country, Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 6: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Bryce Alan Benshoof – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 3: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Kristy Lynn Bitar – Count 1: Attempt to Commit Murder in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Chaland Teddie Lee Caldwell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon in Indian Country and Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence
United States v. Phabian Raphael Flores – Count 1: Robbery in Indian Country and Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Dion Shane Gilbert – Count 1: Assault of a Spouse, Intimate Partner and Dating Partner by Strangling, Suffocating and Attempting to Strangle and Suffocate in Indian Country, Count 2: Assault by Striking, Beating and Wounding in Indian Country, Count 3: Assault by Striking, Beating and Wounding in Indian Country and Count 4: Assault by Striking, Beating and Wounding in Indian Country
United States v. Nicholas Hammer – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Geoffry Hitcher – Count 1: Kidnapping in Indian Country, Count 2: Robbery in Indian Country, Count 3: Assault Resulting in Serious Bodily Injury in Indian Country and Count 4: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Jonathon Linder – Child Abuse in Indian Country
United States v. Dalton Dwayne Livesay - Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country
United States v. Joseph Eugene Meyer (Superseding Indictment) – Count 1: Kidnapping in Indian Country, Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence and Count 4: Felon in Possession of Firearm
United States v. James Russell Parker – Involuntary Manslaughter in Indian Country
United States v. Daniel Cruz Perez – Manslaughter in Indian Country
United States v. Philip Lee Ramos, a/k/a Phillip Lee Ramos – Robbery in Indian Country
United States v. Robert Dwayne Roberts – Involuntary Manslaughter in Indian Country
United States v. Scotty Lafay Russell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with Intent to Commit Murder in Indian Country, Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 4: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 5: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 6: Felon in Possession of a Firearm
United States v. Robert Dean Smith II – Count 1: Assault with a Dangerous Weapon in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Keith Taylor – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 2: Attempted Robbery in Indian Country and Count 3: Simple Assault in Indian Country
United States v. Nawllah S. Tiger and Jason Buck – Count 1: Child Abuse in Indian Country, Count 2: Child Abuse in Indian Country, Count 3: Child Neglect in Indian Country and Count 4: Child Neglect in Indian Country
United States v. Heather Nicole White – Involuntary Manslaughter in Indian Country
United States v. Tanya Michelle Wilson – Kidnapping in Indian CountryNon-Indian Country offenses:
United States v. Eduardo Angel and Jose Ramon Gutierrez, a/k/a Jose Ramon Gutierez – Possession with Intent to Distribute Methamphetamine
United States v. Regina Ballard - Possession with Intent to Distribute Methamphetamine
United States v. Jeremy Chad Gilliland – Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence
United States v. Mario Salazar-Mendez - Possession with Intent to Distribute Methamphetamine
United States v. Timothy Allen Stacy, II – Count 1: Possession with Intent to Distribute Methamphetamine, Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 3: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 4: Possession of Unregistered Firearm and Count 5: Felon in Possession of Firearm and Ammunition
United States v. Woodrow Michael Wisdom – Failure to Register as Sex OffenderAn indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
East St. Louis Caretaker Sentenced to Prison for Stealing Identities of Elderly ClientsRead the Press Release
EAST ST. LOUIS, Ill. – A woman who abused her employment with an in-home health care company and
stole the identities of her elderly clients is heading to prison. Erica S. Rose, 31, of East Saint
Louis, Illinois, was sentenced today to one year and one day in federal prison and two years of
court supervision after her release. Rose pled guilty to conspiracy to commit bank fraud and wire
fraud and aggravated identity theft last November.
In 2018, Rose worked for a company called CareLink and gained access to the homes of her elderly
victims as their hired caretaker. While inside, she stole social security numbers and other
identifying information and passed the stolen information along to her co-defendant,
Ashley McKinney. McKinney allegedly used victims’ funds and identities to withdraw money
from ATMs, deposit fraudulent checks, and even purchase a car online for over $28,000.
There is an outstanding warrant for McKinney’s arrest in this case.As part of her sentence, Rose was ordered to pay $9,864.71 in restitution.
The investigation was conducted by detectives from the Edwardsville Police Department, Belleville
Police Department, Swansea Police Department, and St. Clair County Sheriff’s Office. The case is
being prosecuted by Assistant United States Attorney Luke J. Weissler.Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Samuel Swift Bird, age 30, was sentenced to 34 months in federal prison, followed by three years of supervised release, a $500 fine, a special assessment to the Federal Crime Victims fund in the amount of $100, and forfeiture of three firearms and ammunition.
Swift Bird was indicted by a federal grand jury on September 9, 2020. He pled guilty on February 1, 2021.
On August 30, 2019, at a motel in Eagle Butte, Swift Bird knowingly and intentionally possessed five grams of methamphetamine with intent to distribute. He also possessed a handgun and over $6,000 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Swift Bird was immediately remanded to the custody of the U.S. Marshals Service.
EDVA Encourages Participation in the 20th National Prescription Drug Take Back DayRead the Press Release
ALEXANDRIA – Acting U.S. Attorney Raj Parekh is encouraging community members in the Eastern District of Virginia to participate in DEA’s 20th National Prescription Drug Take Back Day, to be held at participating locations on Saturday, April 24, 2021.
For this year’s Take Back Day, Acting U.S. Attorney Parekh will be participating in a public event with senior leadership of the Drug Enforcement Administration (DEA), including Acting Administrator D. Christopher Evans and Washington Division Special Agent in Charge Jarod Forget. The event will also feature Acting Director Regina LaBelle of the Office of National Drug Control Policy (ONDCP) and the 2020 Miss America, Camille Schrier, who is currently pursuing a Doctor of Pharmacy Degree at Virginia Commonwealth University and serves as a prescription safety advocate. The event will take place on April 24 from 10 a.m. to 2 p.m. at the Fairfax County Police Department’s West Springfield District Station, which serves as a Take Back site for the community.
“Take Back Day allows our communities to safely dispose of unused and unwanted prescription drugs, which could save lives by reducing the chances that they will be misused and cause an overdose,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We must continue working together to raise awareness about the need for everyone to remain vigilant year-round in safely disposing of prescription drugs that are no longer needed. We fully support these vital efforts by DEA and all of our law enforcement partners as we stand united in combating the opioid crisis that has been ravaging our communities.”
National Prescription Drug Take Back Day is a bi-annual event that aims to provide a safe, convenient, and responsible means for disposing of prescription drugs, while also educating the general public about the potential for abuse of medications. This service is free and anonymous, with no questions asked of individuals who participate in the event.
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Recent statistics from the Centers for Disease Control and Prevention (CDC) show that opioid overdose deaths have increased during the COVID-19 pandemic. According to preliminary CDC data, 87,203 Americans died as a result of a drug overdose from Oct. 1, 2019 to Sept. 30, 2020, which is the most ever recorded within a one-year period and represents an approximately 27 percent increase in reported deaths year-over-year. The increase in drug overdose deaths appeared to begin prior to the COVID-19 pandemic, accelerating significantly during the first months of the public health crisis.
According to the Virginia Department of Health, fatal drug overdoses have been the leading cause of accidental or unnatural deaths in Virginia since 2013, and in the second and third quarters of 2020, the Commonwealth experienced a more than 62% increase in fatal drug overdoses compared to the same time periods in 2019.
Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. DEA and its partners will collect tablets, capsules, patches, and other solid forms. Liquids, including intravenous solutions, syringes and other sharp objects, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at any of its drop-off locations, as long as the lithium batteries are removed.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations. In addition to Take Back Day, prescription drugs can be disposed of at any of the 11,000 authorized collectors at any time throughout the year. For more information about the event on April 24, or to locate a collection site near you, visit https://takebackday.dea.gov/ or call 1-800-882-9539.
Dupree Man Sentenced for Cattle ConversionRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota, man convicted of Conversion of Mortgaged or Pledged Property was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Daris William LaPlante, age 51, was sentenced to five years of probation and ordered to pay $74,700.58 in restitution to the Farm Service Agency of the U.S. Department of Agriculture. He must also pay a $100 special assessment to the Federal Crime Victims Fund.
LaPlante was indicted by a federal grand jury on August 11, 2020. He pled guilty on February 1, 2021.
In 2015, LaPlante took out a loan from the Farm Service Agency to purchase livestock and farm equipment for his ranch near Dupree, South Dakota. The livestock and equipment was secured as collateral for the loan. Over the next several years, LaPlante knowingly sold 44 head of cattle without the Farm Service Agency’s knowledge or consent. LaPlante kept the profits for himself instead of paying back his loan. He also gave away 20 cows that he could no longer care for, also without the Farm Service Agency’s knowledge or consent. The total loss for the stolen cattle amounted to $74,700.58.
The investigation was conducted by the U.S. Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Dobbs Ferry Man Charged in White Plains Federal Court with Destruction of MTA VehicleRead the Press Release
Audrey Strauss, U.S. Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that NICHOLAS SKULSTAD was taken into federal custody today based on a criminal Complaint filed in White Plains federal court charging him with destruction of a motor vehicle employed in interstate commerce, in connection with SKULSTAD’s alleged assault on a Metropolitan Transportation Authority (“MTA”) vehicle in Ossining, New York, on April 5, 2021. SKULSTAD will be presented later today before U.S. Magistrate Judge Paul E. Davison.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Nicholas Skulstad used his vehicle as a weapon, repeatedly ramming it into an occupied MTA vehicle, then shattering the driver’s window. When police officers responded, Skulstad allegedly charged at and threatened them, and had in his car a notebook page titled “List – To Kill,” with names of public figures. Thanks to the combined response of law enforcement officers and agents, Skulstad is in custody and facing a serious federal charge.”
FBI Assistant Director William F. Sweeney Jr. said: “Skulstad’s alleged targeting of an MTA vehicle, and the subsequent actions he took against police officers who arrived on scene, remind us of the threat our public servants face each and every day as they uphold their duty to protect the communities they serve. Thanks to the work of the FBI’s JTTFs and our many partners in this case, Skulstad no longer poses a threat to society or, more specifically, those he included as targets on his list.”
NYPD Commissioner Dermot Shea said: “Attacks against public servants, as alleged in this federal complaint, endanger not only those who work to maintain public safety, but all of society. I commend our investigators in the NYPD and our partners in the FBI Joint Terrorism Task Force and the United States Attorney’s Office in the Southern District of New York for working closely to ensure this individual would be brought to justice.”
As alleged in the Complaint unsealed in White Plains federal court[1]:
On April 5, 2021, SKULSTAD rammed his vehicle repeatedly into an MTA vehicle driven by an MTA employee in Ossining, New York, damaging the MTA vehicle and forcing it off the road. SKULSTAD subsequently exited his vehicle, approached the MTA vehicle on foot, and banged on the driver-side window until he shattered it.
When Ossining Police Department officers arrived at the scene, SKULSTAD yelled at an officer, “I’m Jesus Christ! You are going to die today! Are you ready to die?” SKULSTAD then charged a police vehicle, throwing his body into the driver-side door and yelling threats at an officer inside. SKULSTAD resisted officers’ attempts to subdue him, before ultimately being taken into custody.
After taking SKULSTAD into custody, law enforcement found in SKULSTAD’s vehicle, among other things, a shell casing and a notebook with a page entitled, “List – To Kill,” which listed the names of various current and former public officials and other public figures.
* * *
SKULSTAD, 33, of Dobbs Ferry, New York, is charged with destruction of a motor vehicle employed in interstate commerce, which carries a maximum sentence of 20 years in prison. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI’s New York-based Joint Terrorism Task Force (“JTTF”), which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies. Ms. Strauss also thanked the Ossining Police Department, the Irvington Police Department, the Dobbs Ferry Police Department, the Croton-on-Hudson Police Department, the FBI’s Newark-based JTTF, the FBI’s Counterterrorism Division, the U.S. Attorney’s Office for the District of New Jersey, the Westchester County District Attorney’s Office, the Westchester County Real Time Crime Center, and the New York State Intelligence Center for their assistance.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Sam Adelsberg and Elinor L. Tarlow are in charge of the prosecution, with assistance from Trial Attorney Elisabeth Poteat of the Counterterrorism Section of the Department of Justice’s National Security Division.
The charge contained in the Complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation.
Day & Zimmermann NPS, Inc. Pays $200,000 to Resolve Alleged Violations of False Claims Act Arising from TVA ContractRead the Press Release
KNOXVILLE, Tenn. –Day & Zimmermann NPS, Inc. (“D&Z”), a privately owned company specializing in construction and maintenance services, has paid $200,000 to resolve allegations that it submitted false claims to the Tennessee Valley Authority (“TVA”) for services performed in connection with capital improvement projects at the Watts Bar Nuclear Power Plant.
In 2013 and 2014, TVA, in response to the 2011 Fukushima Daiichi nuclear disaster and the U.S. Nuclear Regulatory Commission’s follow-on safety mandates, amended its existing $700 million contract with D&Z by an additional $550 million, in part to fund improvements designed to enhance safeguards against nuclear meltdowns. One such improvement was to build an elevated “Flex” building (“the Flex Project”), designed to provide backup operating controls in the event of an earthquake, flood, tornado, hurricane, or other extreme event.
The settlement resolves allegations that, during the period January 1, 2014 through May 5, 2014, D&Z knowingly shifted costs from various project codes that fell outside the scope of the Flex Project and improperly charged those costs against the Flex Project by falsely using Flex Project codes. The United States also alleged that D&Z failed to correct mischarges that it knew or should have known were incorrectly applied and which resulted in false claims for payment, as well as overpayments that were not returned to TVA.
“The United States relies on the companies with which it contracts to accurately represent their charges to the government, and government contractors have a duty to refund any overpayments they receive. Our office will continue to pursue contractors who violate those duties and put at risk the fiscal integrity of government programs designed to ensure the safe operation of sensitive public energy facilities,” said Acting United States Attorney Francis M. Hamilton III.
“The TVA OIG is committed to identifying and investigating false claims and overpayments that negatively impact the ratepayers throughout the Tennessee Valley,” said Jill Matthews, Deputy Inspector General Performing the Duties of the Inspector General. “The TVA OIG would like to thank the United States Attorney’s Office, specifically Assistant U.S. Attorney Jeremy Dykes and Assistant U.S. Attorney Jessica Sievert for diligently pursing resolution of this complex case and ensuring funds were properly returned to TVA.”
The settlement agreement was announced today by Acting United States Attorney for the Eastern District of Tennessee Francis M. Hamilton III and Jill Matthews, Deputy Inspector General Performing the Duties of the Inspector General for TVA. Senior Special Agent Greg Schultz of TVA-Office of the Inspector General investigated this matter, and Assistant U.S. Attorneys Jessica Sievert and Jeremy Dykes represented the United States.
This investigation resulted from a coordinated effort between the TVA-Office of Inspector General and the U.S. Attorneys’ Office of the Eastern District of Tennessee.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Davenport Man Sentenced to Federal Prison on Drug ChargeRead the Press Release
DAVENPORT, Iowa — On Wednesday, April 21, 2021, United States District Court Judge Stephanie M. Rose sentenced Larry Dean Weir, age 40, of Davenport, to 120 months in prison for Possession with Intent to Distribute 50 Grams or More of Methamphetamine announced Acting United States Attorney Richard D. Westphal. Weir was ordered to serve five years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund.
In September of 2019, law enforcement investigated a suspicious vehicle believed to belong to Weir. Officers located Weir at a hotel in Bettendorf and obtained a search warrant for his room, where they located 111.30 grams of methamphetamine and a digital scale underneath a mattress. A female acquaintance of Weir’s admitted receiving methamphetamine from him earlier that day. Weir admitted he possessed the methamphetamine with the intent to distribute some or all of it to other persons.
This matter was investigated by the Bettendorf Police Department and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
DEA and Partners hold National Prescription Drug Take Back Day on April 24Read the Press Release
Memphis, TN – Acting United States Attorney Joseph C. Murphy, Jr., joins the Drug Enforcement Administration in announcing that on April 24th, DEA will hold its 20th
National Prescription Drug Take Back Day. The biannual event will be held at thousands of collection sites around the country. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs. The service is free and anonymous.
With robust public participation, the National Prescription Drug Take Back Day Initiative continues to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they are vulnerable to misuse, theft or abuse by family members and visitors, including children and teens.
Now in its 20th year, DEA’s October 2020 Take Back Day brought in a record-high amount of expired, unused prescription medications, with the public turning in close to 500 tons of unwanted drugs. Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. With studies indicating most abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.
"It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals," said Acting Administrator D. Christopher Evans. "Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment."
"As the nation’s overdose death toll continues to rise, it’s now more important than ever to safely dispose of any medications you no longer need in your home medicine cabinet," said Special Agent in Charge Todd Scott, head of DEA’s Louisville Division. "This is a great opportunity for all of us to work together, to make our communities safer by keeping prescription drugs out of the wrong hands."
Rates of prescription drug abuse in the United States continue to be alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Most prescription drug abusers say they get their drugs free from friends and family, including from the home medicine cabinet. Take Back Day is a unique opportunity for Americans to protect their homes and medicine cabinets from theft and abuse.
Helping people dispose of potentially harmful prescription drugs is just one-way DEA is working to reduce addiction and stem overdose deaths.
Learn more about the event at www.deatakeback.com or by calling 800-882-9539.
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DEA Announces 20th National Prescription Take Back DayRead the Press Release
United States Attorney SHAWN N. ANDERSON, for the Districts of Guam and the Northern Mariana Islands (NMI), will join the Drug Enforcement Administration (DEA) on Saturday, April 24th for its 20th National Prescription Drug Take Back Day. The biannual event will be held from 10:00 a.m. to 2:00 p.m., at thousands of collection sites around the country, including here in Guam and the NMI. This event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
DEA will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices, cartridges – in addition to tablets, capsules, patches, and any other medication in solid forms – at any of its drop off locations. It is important to note that DEA cannot accept devices containing lithium-ion batteries. If batteries cannot be removed before dropping off, please consult with stores that recycle lithium-ion batteries.
In 2019, citizens of Guam and the NMI turned in over 1,650 pounds collectively. According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 85,500 people dying of a drug overdose in just one year (August 2019 – August 2020), the largest number of overdoses recorded in a 12-month period. The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency but accelerated significantly during the first months of the pandemic.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards to others and the environment. This initiative addresses the public safety and public health issues that surround drugs languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
The following sites in Guam and the NMI are designated to receive unused prescription drugs and vaping device products on Saturday, April 24, 2021, between 10:00 a.m. and 2:00 p.m.:
- Agana Shopping Center (Center Court)
- Andersen Air Force Base Exchange (Entrance to Store)
- Dededo Mayor’s Office
- Guam Premier Outlets (Cold Stone Yogurt Bar)
- K-Mart (Entrance)
- Naval Base Guam - Navy Exchange (Food Court)
- Saipan Commonwealth Health Center (Outpatient Pharmacy)
- Rota Health Center
- Tinian Health Center
Contact DEA Resident Agent in Charge Kenneth Bowman at 671-472-7384 regarding any questions about prescription drug abuse and any concerns regarding drug-related activity on Guam or in the NMI.
For more information, go to www.dea.gov, www.DEATakeBack.com
Cleveland County Man Is Sentenced to 11+ Years in Prison for Receipt of Child PornographyRead the Press Release
ASHEVILLE, N.C. – A Cleveland County man has been sentenced to 135 months in prison today for receipt of child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Quinlan Drake Scism, Jr., 21, of Kings Mountain, N.C. was also ordered to serve a lifetime under court supervision and to register as a sex offender after he is released from prison, and to pay $35,000 in restitution to child pornography victims and a $5,000 special assessment.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Sheriff Alan Norman of the Cleveland County Sheriff’s Office join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, the FBI became aware that an individual, later identified as Scism, was using a file sharing program on the dark web to receive child pornography. On September 23, 2019, the FBI executed a search warrant at Scism’s residence, seizing a thumb drive and a computer. The following day, while he was being interviewed at the Cleveland County Sheriff’s Office, Scism acknowledged that he viewed and downloaded child pornography from the internet and admitted to attempting to conceal his online activity on his cell phone when he learned about the FBI’s investigation. Scism also admitted that, as a teenager, he sexually abused a minor female. According to court records, a forensic examination of Scism’s seized devices revealed that he possessed 959 images and 48 videos of child pornography, some of which depicted sadistic and masochistic acts against prepubescent children.
During the time law enforcement were conducting the child pornography investigation into Scism, the Cleveland County Sheriff’s Office was contacted by park rangers with Crowders Mountain State Park concerning unusual activity and behavior exhibited by Scism while he was at the park. Court records show that, on at least two occasions, Scism was observed hiding in or leaving the women’s restrooms at the park. Due to his behavior, Crowders Mountain State Park sent a letter to Scism prohibiting him from entering the park.
On September 11, 2020, Scism pleaded guilty to receipt of child pornography. He is currently in federal custody and he will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the FBI and the Cleveland County Sheriff’s Office for their investigation of this case.
The prosecution for the government was handled by the U.S. Attorney’s Office in Asheville.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Cherokee County Man Sentenced for Distribution of MethamphetamineRead the Press Release
TYLER, Texas – A Jacksonville man was sentenced today to 78 months in federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Andres Gallegos, 38, pleaded guilty on Jan. 13, 2020, to possession with intent to distribute and distribution of methamphetamine and was sentenced to 78 months in federal prison today by U.S. District Judge J. Campbell Barker.
According to the court documents, an investigation into drug trafficking in Smith and Cherokee Counties revealed in October 2018 Gallegos regularly sold methamphetamine from his residence in Jacksonville. Gallegos was indicted by a federal grand jury on Sep. 8, 2019, and charged with distributing methamphetamine on Oct. 16, 2018, Oct. 17, 2018, and again on Oct. 26, 2018.
“Over time, cases like this can make a big difference in our local communities,” said Acting U.S. Attorney Nicholas J. Ganjei. “Through a sustained, focused effort by federal, state, and local law enforcement, we can make our cities and town safer and drug-free.”
This case was investigated by the Smith County Sheriff’s Department, the Cherokee County Sheriff’s Department, the Jacksonville Police Department, and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Allen H. Hurst.
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