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Tuesday 9 March 2021
Fort Dodge Man Sentenced to Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced March 9, 2021, to 14 years in federal prison.
James Souder, 53, from Fort Dodge, Iowa, was convicted of conspiracy to distribute methamphetamine, after having been previously convicted of a felony drug offense on November 18, 2020. Souder was convicted of possession of methamphetamine with intent to deliver, in 2015, in the Iowa District Court for Greene County.
At the plea and sentencing hearings, evidence showed that Souder was involved in a conspiracy from about July 2018 through about June 2020, that distributed nearly 50 pounds of methamphetamine in the Fort Dodge, area. Evidence further proved that between August and November of 2018, Souder Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Souder was sentenced to 14 years’ imprisonment. He must also serve a 7-year term of supervised release following imprisonment. Souder remains in custody of the United States Marshal Service until he can be transferred to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Fort Dodge Police Department, the Webster County Sheriff’s Department and the Iowa DCI Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3014. Follow us on Twitter @USAO_NDIA.
Former “Chairman” of Massachusetts Latin Kings Crown Council Pleads Guilty to Racketeering ConspiracyRead the Press Release
BOSTON – The former Chairman of the Crown Council for the Almighty Latin King and Queen Nation (“Latin Kings”) in Massachusetts pleaded guilty today to racketeering charges. As Chairman, the defendant was responsible for presiding over “trials” for gang members that violated the Latin Kings code of conduct.
Gregory Peguero-Colon, a/k/a “King Trece,” 48, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for June 9, 2021.
As alleged in court documents and during the plea hearing, Peguero-Colon admitted to serving as the Chairman of the Crown Council which was a role as an independent advisor to the State Leadership team. In that role, Peguero-Colon presided over Latin Kings “trials” to adjudicate violations of the King Manifesto and Constitution, which is the governing document of the Latin Kings, setting forth the code of conduct for its members. Peguero-Colon also kept and maintained a spreadsheet identifying individuals who were in bad standing with the gang for various reasons, including the fact that the individual had provided information to law enforcement, or committed “treason” against the gang. Peguero-Colon disseminated this spreadsheet to the Latin Kings members, and multiple people on the spreadsheet had in fact been targeted for violence by the Latin Kings.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Peguero-Colon is the 39th defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former official guilty in bribery schemeRead the Press Release
BROWNSVILLE, Texas – A 40-year-old former Cameron County official has entered a guilty plea to interstate travel in aid of racketeering, announced Acting U.S. Attorney Jennifer B. Lowery.
Arnoldo Romeo Flores Jr., 40, Mission, was the director of Human Resources/Civil Service for Cameron County. As part of his plea, he admitted he used his personal cellular phone and email as well as the internet to further a bribery scheme.
In those communications, Flores discussed using his influence to help someone obtain two separate contracts from Cameron County in exchange for bribes.
Flores provided inside information, such as the amounts of other bids. In one instance, Flores told an individual to make sure the bid was under $8,900 to be successful. In return, Flores received $3,000. He accepted another $1,500 for his assistance in securing a second Cameron County bid.
According to the plea agreement, the use of his cell phone assisted and led to the bribe payments.
U.S. District Judge Fernando Rodriguez accepted the plea today and set sentencing for June 15. At that time, Flores faces up to five years in prison and a possible $250,000 maximum fine. He has also agreed to pay restitution.
The FBI conducted the investigation with assistance from the Cameron County District Attorney’s Office and Brownsville Police Department. Assistant U.S. Attorneys Jody Young, Robert S. Johnson and Israel Cano are prosecuting the case.
Former Maryland State Government Official Pleads Guilty to the Distribution of Child PornographyRead the Press Release
Baltimore, Maryland - Mathew Palmer, age 44, of Severna Park, Maryland, pleaded guilty today to the distribution of child pornography. At the time of the conduct, Palmer held positions with the Maryland state government, including as Deputy Legislative Officer for the Maryland Governor’s Office and Chief Operating Officer with the Maryland Department of Commerce.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; and Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police.
“The exploitation of children is a serious threat and problem that has grown over the course of the pandemic,” said Acting U.S. Attorney Jonathan Lenzner. “Individuals like Palmer who trade and possess this illegal material online are essentially facilitating an underground criminal market. This case should serve as a reminder that law enforcement will pursue anyone who endangers children, and that no one is above the law.”
“No crime affects us more deeply than the sexual abuse of innocent children. Those who trade exploitative material participate in and perpetuate that abuse,” said HSI Special Agent in Charge James Mancuso. “HSI will utilize all available resources and authorities to investigate and seek prosecution of those who harm and exploit children.”
According to his plea agreement, investigators at HSI received reports from an instant messenger application advising that multiple accounts using similar usernames, that all included “anonjohnny” as part of the name, had uploaded at least one image of child pornography or child-sensitive material between April 2019 and September 2019. Each time the application detected the child exploitative material, it shut down the offending account.
Investigation revealed that the same Internet Protocol address (IP address) was used to access the five “anonjohnny” accounts and was serviced by the same cellular service provider registered under Palmer’s phone number, e-mail address, and home address in Severna Park, Maryland. The records showed that the messaging application account had also been accessed by IP addresses that resolved to the State of Maryland, demonstrating that the user was accessing the materials from state government Internet services.
On August 11, 2020, investigators executed a search warrant at Palmer’s residence in Severna Park and seized several electronic devices, including Palmer’s laptop and personal cell phone. Palmer’s cell phone was also linked to his office e-mail address. Palmer’s phone was logged into a new “anonjohnny” account on the instant messaging application. Palmer admitted that he used this account to engage in chats with several other users concerning child exploitation.
For example, in a conversation with one user, in his very first message Palmer said, “Hi I have naughty thoughts about my teen daughters.” Palmer then sent the user images of two minor girls whom Palmer represented were his daughters. In fact, these minor children were not Palmer’s children. In a conversation with a second user, Palmer stated that his preference was for children aged eight and up. Palmer again sent pictures of two minor girls, falsely representing to the second user that they were his own daughters.
At least 936 images and 368 videos of child pornography were found on Palmer's cell phone, including prepubescent minors; child pornography involving toddlers; and child pornography involving bondage and other sadistic acts.
In addition to possessing hundreds of images and videos constituting child pornography, Palmer admitted that he both received and distributed child pornography. Palmer had an application on his phone which is used to send covert and encrypted messages. Palmer possessed two additional videos of child pornography on that application, and the evidence showed that Palmer used that application to distribute a video of child pornography to a chat group of 58 people. Palmer's phone also included several links under the “notes” section to active child pornographic websites.
As detailed in his plea agreement, Palmer will be required to register as a sex offender where he resides, is an employee, and is a student pursuant to the sex offender registration and nonfiction act (SORNA).
Palmer faces a minimum mandatory sentence of five years in prison and a maximum of twenty years in prison for distribution of child pornography. U.S. District Judge Stephanie A. Gallagher has not yet scheduled sentencing.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Acting United States Attorney Jonathan F. Lenzner commended HSI and the Maryland State Police for their work in the investigation. Acting U.S. Attorney Lenzner thanked Assistant U.S. Attorney Daniel A. Loveland, Jr., who is prosecuting the federal case.
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Former Fortune Bay Casino Supervisor Pleads Guilty to Embezzling More Than $300,000Read the Press Release
Acting United States Attorney W. Anders Folk today announced the guilty plea of JENNIFER LYNN BOUTTO, 32, to one count of embezzlement and theft of Tribal funds. BOUTTO, who was charged by felony information on December 14, 2020, pleaded guilty this morning before Judge Eric C. Tostrud in U.S. District Court. A sentencing date will be scheduled at a later time.
According to the defendant’s guilty plea and documents filed with the court, in 2008, BOUTTO began working as a reservationist at the Fortune Bay Resort Casino, which is owned and operated by the Bois Forte Band of Chippewa. BOUTTO later received a promotion to Front Desk Supervisor, a position that allowed her to issue cash refunds without direct supervision. Between January 2013 and October 2019, BOUTTO used her position at Fortune Bay to steal money by issuing false cash refunds against the invoices of previous Fortune Bay customers. BOUTTO would then access the Fortune Bay vault and retrieve the falsely refunded amount. In total, BOUTTO executed the scheme 2,994 times and stole $315,739.87.
This case is the result of an investigation conducted by the FBI, with significant assistance from the Bois Forte Band of Chippewa.
Assistant U.S. Attorney Jordan L. Sing is prosecuting the case.
Defendant Information:
JENNIFER LYNN BOUTTO, 32
Orr, Minn.
Convicted:
- Embezzlement and theft of Tribal funds, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Former Director of San Francisco Mayor’s Office of Neighborhood Services and San Francisco’s Fix-It Team Agrees to Plead Guilty to Money Laundering Conspiracy and to Cooperate with Federal InvestigationRead the Press Release
SAN FRANCISCO – Former San Francisco public official Sandra Zuniga, charged in an information filed yesterday with conspiracy to commit money laundering, agreed in a plea agreement filed today to plead guilty and to cooperate with federal investigators in the corruption investigation into San Francisco City Hall, announced Acting United States Attorney Stephanie M. Hinds, Federal Bureau of Investigation Special Agent in Charge Craig D. Fair, and Internal Revenue Service–Criminal Investigation Acting Special Agent in Charge Michael Daniels.
“Today a top San Francisco City Hall public official agreed to plead guilty to charges in our political corruption investigation and will cooperate with the FBI against others involved,” said Acting United States Attorney Stephanie M. Hinds. “This investigation continues, but the window of time for cooperation is closing. If you are involved in public corruption at any level, reach out to the FBI before the FBI reaches out to you. Early cooperation is always viewed favorably.”
"The FBI is very interested in interviewing San Francisco city government employees and contractors who may have first-hand knowledge of this public corruption scandal,” said FBI Special Agent in Charge Craig D. Fair. "We believe that there are still city employees and contractors who may have pertinent knowledge that would be crucial to the ongoing investigation. In her plea agreement, Sandra Zuniga has agreed to cooperate with the FBI. We encourage others who have knowledge of this to do the same."
“Sandra Zuniga thought she could circumvent the law,” said IRS Criminal Investigation, Acting Special Agent in Charge Michael Daniels. “Through numerous financial transactions, over a period of almost ten years, she attempted to hide the true source of Mohammed Nuru’s funds. No public official should be allowed to behave as if they are above the law.”
Today’s developments follow the June 3, 2020, federal complaint that charged Zuniga, 45 years old and of South San Francisco, with engaging in a money laundering conspiracy. That earlier complaint against Zuniga followed public corruption charges filed in January 2020 against Mohammed Nuru, then Director of San Francisco’s Department of Public Works (DPW). The charges against Nuru allege he engaged in schemes to bribe a San Francisco Airport Commissioner and to accept bribes from those doing business with DPW and the City. Multiple individuals have been charged with bribing Nuru, and some have pled guilty and are cooperating with the government’s investigation.
The June 3, 2020, federal complaint against Zuniga alleged that she laundered the proceeds of Nuru’s schemes from 2014 through January 2020. The Zuniga complaint details how she made all-cash deposits in amounts that exceeded her San Francisco government paychecks by tens of thousands of dollars. She is alleged to have deposited checks from associates of Nuru and followed those deposits with transactions that benefitted Nuru. For example, the complaint alleged Zuniga made monthly mortgage payments for years on Nuru’s Colusa County vacation home, almost always after depositing approximately $1,000 in cash into her own checking account and then writing a check for $1,000 to pay Nuru’s monthly mortgage bill. The complaint also details a September 2018 set of transactions in which Zuniga received a $5,000 check from a contractor doing business with DPW and the City of San Francisco, deposited that check, executed a series of transactions with those funds through different banks, and then paid a $2,400 construction bill on Nuru’s vacation home by writing a $2,500 check to herself, depositing it into another bank account, and sending a check from that account to the construction contractor to pay Nuru’s bill. In another example, on one day in May 2014 Zuniga made two cash deposits into her account totaling $5,600, then four days later wrote a $3,800 check to Nuru and the next day paid $1,000 towards Nuru’s mortgage bill. Further, the June 2020 complaint against Zuniga describes how she traveled in the fall of 2018 with Nuru on a lavish two-week trip to South America, with business class flights and Ritz-Carlton accommodations, all subsidized or paid entirely by a contractor doing business with the City.
Yesterday’s filed information charges Zuniga with engaging in the money laundering conspiracy with Nuru by conducting financial transactions with the proceeds of the crime of fraud, specifically wire fraud, and with the intent to conceal the nature and source of those funds, all while knowing the funds were derived from illegal activity. Zuniga has signed a plea agreement filed with the court today admitting the money laundering crime and expressing her intention to plead guilty to the crime.
In her plea agreement, Zuniga agrees to cooperate with federal investigators in the ongoing federal investigation.
Zuniga’s admission of her own criminal conduct in her signed plea agreement, and a description of its circumstances and the people involved, has been submitted to the court in a separate “Exhibit A” to the plea agreement. Exhibit A is filed under seal with the court and not available at this time for viewing. While the Exhibit A description is not public, yesterday’s publicly filed information does reveal further details. The money laundering conspiracy charged in today’s information is alleged now to have begun years earlier than the date alleged in the original June 2020 complaint against Zuniga. While that complaint alleged the conspiracy began in March 2014, yesterday’s information alleges the money laundering conspiracy began on “an unknown date, but at least as early as 2010” and continued into January 2020. Further, today’s information alleges Zuniga conspired “with Mohammed Nuru and with other persons known” to the United States Attorney’s Office in conducting and attempting to conduct the financial transactions to launder the proceeds of wire fraud.
Zuniga is schedule to be arraigned tomorrow, Wednesday, March 10, on the information before the Honorable Sallie Kim, United States Magistrate Judge. Zuniga is tentatively scheduled to make her initial appearance before the Honorable William H. Orrick, United States District Judge, in San Francisco on March 18, 2021. Zuniga remains out of custody on bond.
Zuniga is charged with one count of conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). The charge carries a maximum statutory penalty of 20 years in prison, a fine of $500,000 or twice the value of the property involved in the transactions, or both. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An information merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Investigators are asking anyone who has further information that may be relevant to the investigation to email the FBI tip line at tips.fbi.gov or to call the FBI at (415) 553-7400.
The prosecution is being handled by the Office of the U.S. Attorney, Northern District of California’s new Corporate Fraud Strike Force and is the result of an investigation by the FBI and IRS-CI.
Former Defense Contractor Executive Extradited from Thailand to United States to Face Charges for Participation in Massive Scheme to Defraud the U.S NavyRead the Press Release
Mark W. Pletcher (619) 546-9714 and Michelle L. Wasserman (619) 546-8431
NEWS RELEASE SUMMARY – March 8, 2021
SAN DIEGO, CA – Pornpun Settaphakorn, a former executive of foreign defense contractor Glenn Defense Marine Asia (GDMA) who oversaw the company’s Thailand office, appeared in federal court in San Diego today following her extradition last week from Thailand.
Settaphakorn, also known as “Yin,” was charged with participating in a conspiracy to submit fraudulent price quotes, claims and invoices to the U.S. Navy in an effort to steal millions of dollars as part of a years-long fraud scheme.
The indictment in this case, returned December 23, 2014, alleges that Settaphakorn, along with co-defendants Neil Peterson and Linda Raja, among others, submitted false claims of more than $5 million. In addition, according to the indictment, Settaphakorn worked to perpetuate and cover up the fraud by consistently misrepresenting to the U.S. Navy the cost of providing services to its ships in Asia, even going so far as to submit false price quotes from non-existent companies, on letterhead created from graphics cut and pasted from the Internet. Settaphakorn is charged with one count of conspiracy to defraud the United States with respect to claims; one count of conspiracy to commit wire fraud; and multiple counts of making false claims.
Like Settaphakorn, co-defendants Peterson and Raja, both of Singapore, worked as chief deputies for foreign defense contractor Leonard Glenn Francis to fill the coffers of their company, GDMA, at the expense of the U.S. Navy. Peterson served as GDMA’s Vice President for Global Operations, and Raja served as the company’s General Manager for Singapore, Australia, and the Pacific Isles. Peterson and Raja were extradited from Singapore in October 2016, and both have since pleaded guilty for their participation in the massive scheme to defraud the U.S Navy. In 2017, Peterson was sentenced to 70 months in prison, and Raja to 46 months in prison. Both were ordered to pay $34.8 million in restitution. Peterson and Raja have served their sentences and been returned to Singapore.
At today’s hearing, before U.S. Magistrate Judge Karen S. Crawford, Settaphakorn was detained pending trial. The next hearing in this matter is April 9, 2021, before U.S. District Court Judge Janis L. Sammartino.
"Whoever you are, whever you are in the world, and however long it takes, justice awaits those who imperil the U.S. Navy," said Randy S. Grossman, Acting U.S. Attorney for the Southern District of California. Grossman praised prosecutors Mark Pletcher and Michelle Wasserman and agents from DCIS and NCIS for their extraordinary work on this case.
"The extradition of Pornpun Settaphakorn from Thailand to the United States is a monumental step in the judicial process to hold Settaphakron accountable for her alleged involvement in the sprawling, years-long scheme to defraud the U.S. Navy and the American taxpayer that was orchestarted by the disgraced Department of Defense contractor Glenn Defense Marine Asia, Ltd. and its chief executive officer Leonard France," said Bryan D. Denny, Special Agent in Charge of the Defense Criminal Investigative Service (DCIS), Western Field Office. "This action is but one example of the comprehensive actions DCIS and its parnters will utilize to pursue justice for the Warfighter."
“Settaphakorn’s extradition from Thailand to the United States marks a significant legal victory for the U.S. criminal justice system and the U.S. Navy, as Settaphakorn deserves to be held fully accountable in U.S. federal court for her alleged role in GDMA’s years-long scheme to defraud the Navy,” said Special Agent in Charge Eric Maddox of the NCIS Economic Crimes Field Office. “NCIS and our law enforcement partners remain dedicated to rooting out corruption and fraud that threatens the integrity of the Navy.”
Acting U.S. Attorney Grossman specifically acknowledged the indispensable contributions to this case of the Department of Justice’s Office of International Affairs; U.S. Embassy in Bangkok, Thailand; the U.S. Marshals Service, and the authorities of the Kingdom of Thailand.
Anyone with information relating to fraud or corruption connected to the United States military should contact the NCIS anonymous tip line at www.ncis.navy.mil or the DOD Hotline at www.dodig.mil/hotline, or call (800) 424-9098.
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
DEFENDANT Residence Case Number Age
Pornpun Settaphakorn (“Yin”) Bangkok, Thailand 14CR0623-JLS 41
SUMMARY OF CHARGES
Conspiracy to Defraud the United States With Respect To Claims, in violation of 18 U.S.C. § 286
Maximum Penalty: Ten years in prison and a $250,000 fine
False Claims, in violation of 18 U.S.C. § 287
Maximum Penalty: Five years in prison and a $250,000 fine
Conspiracy to Commit Wire Fraud, in violation of 18 U.S.C. §§ 1349 and 1343
Maximum Penalty: Twenty years in prison and a $250,000 fine
INVESTIGATING AGENCIES
Defense Criminal Investigative Service
Naval Criminal Investigative Service
Defense Contract Audit Agency
Former City Councilor from Española pleads guilty to stolen firearm chargeRead the Press Release
ALBUQUERQUE, N.M. – Phillip Chacon, 39, of Española, pleaded guilty on Feb. 26 in federal court for possession of a stolen firearm.
According to the plea agreement, on March 21, 2020, law enforcement arrived at Chacon’s residence to execute a search warrant for an unrelated charge when they saw Chacon outside his house holding several firearms. Chacon was ordered to put down the firearms and walk towards the officers. Instead, Chacon dropped the firearms and ran inside the house where he remained for several hours. Eventually, Chacon came out and was arrested. One of the firearms discovered by law enforcement at the residence was a stolen rifle, which Chacon knowingly possessed.
Chacon is currently in custody pending sentencing. He faces up to 10 years in prison.
The Santa Fe Resident Agency of the FBI’s Albuquerque Field Office investigated this case with assistance from the Española Police Department. Assistant U.S. Attorney Robert I. Goldaris is prosecuting this case.
Florida Doctor, Clinic Owner and Staff Charged with Falsifying Clinical Trial DataRead the Press Release
Miami, Florida – A federal grand jury in Miami has charged a Florida medical doctor and three others for their roles in an alleged scheme to falsify clinical trial data.
According to court documents, Dr. Martin Valdes, 64, of Coral Gables, Florida, Fidalgis Font, 53, of Miami, Julio Lopez, 54, of Miami, and Duniel Tejeda, 35, of Canon City, Colorado, were charged in a six-count indictment returned by a federal grand jury on Feb. 23, 2021. Each defendant was charged with conspiracy to commit mail and wire fraud and at least one substantive count of mail fraud. In addition, Valdes and Font were charged with money laundering and Valdes was further charged with making a false statement to inspectors with the U.S. Food and Drug Administration (FDA).
“Falsifying clinical data is a violation of the public’s trust and it endangers the safety of consumers,” said Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida. “Those who enrich themselves while compromising public health in this way commit serious crimes and will be prosecuted.”
“The public must be able to rely on the accuracy and honesty of clinical trial data, which is essential to ensuring the safety of drugs approved for patient use,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The defendants undermined that process and put patients at risk. The Department of Justice will pursue and prosecute those who put personal profit before public health.”
According to the indictment, from at least February 2014 through at least July 2016, the defendants fabricated clinical trial data for profit while working at Tellus Clinical Research, a medical clinic based in Miami. The indictment alleges that the defendants knowingly enrolled subjects in clinical trials when those subjects failed to meet eligibility criteria, falsified subject laboratory results, falsified subject medical records, and falsely represented that subjects were taking the drugs being studied when in fact they were not. Valdes served as primary investigator for the clinical trials conducted at Tellus, Font was the owner of the business, and Lopez and Tejeda were senior Tellus employees.
“Reliable and accurate data from clinical trials is the cornerstone of FDA’s evaluation of a new drug,” said Catherine A. Hermsen, FDA Assistant Commissioner for Criminal Investigations. “Compromised clinical trial data could impact the agency’s decisions about the safety and effectiveness of the drug under review. We will continue to monitor, investigate and bring to justice those whose actions may subvert the FDA approval process and endanger the public health.”
If convicted of conspiracy to commit mail and wire fraud or mail fraud, each defendant faces a maximum penalty of 20 years’ imprisonment. If convicted of money laundering, Valdes faces a maximum penalty of 20 years’ imprisonment, and Font faces a maximum of 10 years’ imprisonment. If convicted of making a false statement to the FDA, Valdes faces a maximum of five years’ imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Attorney’s Office for the Southern District of Florida provided critical assistance in this case, which is being prosecuted by Assistant Director Clint Narver, Trial Attorney Lauren M. Elfner, and Trial Attorney Joshua Rothman of the Justice Department’s Consumer Protection Branch. The FDA’s Office of Criminal Investigations, Miami Field Office, investigated 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.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 21-cr-20106.
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Final defendant sentenced to federal prison for role in Augusta area meth-trafficking conspiracyRead the Press Release
AUGUSTA, GA: An Augusta man has been sentenced to nearly 10 years in federal prison for a scheme that distributed methamphetamine in the Augusta area.
Christopher Allen Marshall, 34, of Augusta, was sentenced to 118 months in federal prison by U.S. District Court Chief Judge J. Randal Hall after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Methamphetamine, and Possession of Firearms by a Convicted Felon, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. After completion of his prison term, Marshall must serve three years of supervised release.
There is no parole in the federal system.
“Christopher Marshall’s sentence wraps up the investigation and disruption of a meth-distribution ring that spread this deadly poison throughout the Augusta area,” said Acting U.S. Attorney Estes. “The community is now safer with him and his cohorts behind bars.”
Marshall was among four defendants named in an eight-count indictment returned by a U.S. District Court grand jury in January 2020, identifying a conspiracy dating back at least to February 2018 that distributed large amounts of methamphetamine throughout the Augusta area.
The investigation, which included controlled purchases and federal search warrants, seized large quantities of methamphetamine, 15 firearms and more than $44,000 in cash.
“The sentencing of the final defendant in this investigation closes the door on this organization who peddled large quantities of ‘meth’ on the streets in the Augusta area,” said Robert J. Murphy, Special Agent in Charge of the U.S Drug Enforcement Administration (DEA) Atlanta Field Division. “This case is a prime example of how DEA works with its law enforcement partners to confront, engage and eliminate drug trafficking and is committed to protecting the community from the perils of drug abuse.”
“Methamphetamine trafficking is a real scourge to the Augusta-Richmond County community,” said Richmond County Sheriff Richard Roundtree. “Methamphetamine has ruined a lot of lives and continues to be a high threat drug. These prosecutions with our federal partners strengthen our enforcement efforts and send a clear message methamphetamine trafficking will not be tolerated.”
Marshall’s co-defendants all have been sentenced after entering guilty pleas. Bjorn Michael Wiley, 42, of Martinez, is serving 168 months in prison; Bridget Lydell Biggam, 36, of Appling, Ga., is serving 98 months in prison; and John Tillman Durst, 29, of Waynesboro, Ga., was sentenced to time served.
The investigation was conducted by the DEA and the Richmond County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorney Henry W. Syms Jr.
Felon Indicted for Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, Acting United States Attorney Stephen R. Kaufman announced today.
The three-count Indictment named Vaughn James Malone, age 34, formerly of Pittsburgh, PA 15212, as the sole defendant.
According to the Indictment, on or about August 26, 2020, Malone possessed with intent to distribute quantities of cocaine, cocaine base and methamphetamine. The Indictment also alleges that on or about August 26, 2020, the defendant possessed a firearm in furtherance of this drug trafficking crime. Malone, a convicted felon, is prohibited by Federal law from possessing a firearm.
The law provides for a maximum total sentence of not less than five years to a maximum of life in prison, a fine not to exceed $2,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Ann Stockey is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Allegheny County Police conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Jury Convicts Marion, N.C. Man of Child PornographyRead the Press Release
ASHEVILLE, N.C. – A federal jury in Asheville has convicted Jacob Daylen Ross, 46, of Marion, N.C. of child pornography charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. U.S. District Judge Martin Reidinger presided over the trial, which began on Thursday, March 4th, and ended on Monday, March 8, 2021.
Acting U.S. Attorney Stetzer is joined in making today’s announcement by Ronnie Martinez, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Charlotte, and Sheriff Ricky T. Buchanan of the McDowell County Sheriff’s Office.
According to filed court documents and evidence presented at trial, in June 2020, law enforcement became aware that Ross was involved in the online sexual exploitation of children overseas. Trial evidence established that Ross paid individuals abroad in exchange for live stream videos depicting children being sexually abused. Specifically, according to trial evidence, on multiple occasions Ross communicated via the WhatsApp messenger application with a woman residing in the Philippines and paid the woman to sexually abuse her young children while Ross watched a live stream video of the abuse. According to evidence presented at trial, law enforcement located on Ross’ seized cell phone 28 images of child pornography, which appeared to have been screenshotted during the course of a live stream video chat. A review of Ross’ Google accounts also revealed additional screenshotted images of the live sexual abuse of children.
The jury convicted Ross of five counts of production of child pornography and one count of possession of child pornography. Ross is currently in federal custody. A sentencing date has not been set.
The production of child pornography charge carries a mandatory minimum sentence of 15 years and a maximum sentence of 30 years in prison per count. The possession of child pornography charge carries a maximum sentence of 20 years in prison. Both charges carry a maximum fine of $250,000.
In making today’s announcement Acting U.S. Attorney Stetzer commended HSI and the McDowell County Sheriff’s Office for their investigation of this case and thanked the Wilkes County Sheriff’s Office for their invaluable assistance.
The U.S. Attorney’s Office in Asheville prosecuted the case. The prosecution team was led by Special Assistant United States Attorney (SAUSA) Alexis Solheim. Ms. Solheim is a state prosecutor with the office of the 43rd Prosecutorial District and has been assigned by District Attorney Ashley Welch to serve as a SAUSA with the U.S. Attorney’s Office in Asheville. Ms. Solheim is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 43rd Prosecutorial District and the United States Attorney’s Office.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the 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.
HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form.
Fayette County Felon Indicted on Firearms ChargeRead the Press Release
PITTSBURGH, Pa. – One resident of Uniontown, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Possession of a Firearm and Ammunition by a Convicted Felon, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Juan Washington, 44, as the sole defendant.
According to the Indictment, on or about December 30, 2019, Washington, a convicted felon, was in possession of a firearm and ammunition.
The law provides for a maximum total sentence of ten years in prison, a fine up to $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ira M. Karoll is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Uniontown City Police Department conducted the investigation leading to the Indictment in this case. This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Erie Woman Sentenced for Preparing and Filing False Income Tax ReturnsRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 2 years of probation, 50 hours of community service and a $1,400 special assessment on her conviction of filing false income tax returns and aiding and assisting the filing of false and fraudulent income tax returns, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Stephanie L. Haines imposed the sentence on Andrea Jones, 52.
According to information presented to the court, Jones prepared and filed false federal income tax returns for herself and others, who used her as their return preparer, for tax years 2011, 2012, 2013, 2014 and 2015.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Internal Revenue Service, Criminal Investigation for the investigation leading to the successful prosecution of Jones.
Convicted felon from Belgrade sentenced to prison for illegally possessing firearmRead the Press Release
MISSOULA – A convicted felon who admitted possessing a loaded handgun found in a traffic stop in Gallatin County was sentenced today to 15 months in prison and to three years of supervised release, Acting U.S. Attorney Leif Johnson said.
Ruben Francisco Federico. 23, of Belgrade, pleaded guilty on Nov. 10, 2020 to prohibited person in possession of a firearm.
U.S. District Judge Dana L. Christensen presided.
In court documents filed in the case, the prosecution alleged that on July 6, 2020, Federico, a convicted felon on state supervision, possessed a loaded 9mm semi-automatic pistol during a traffic stop in Gallatin County. A sheriff’s deputy clocked a vehicle going 109 mph in a 65 mph zone and stopped it after a short pursuit. Federico, the driver and sole occupant, was moving all over as the deputy approached. The loaded pistol was located during a probation search under the back-passenger seat, but within easy grabbing distance. Federico was convicted of a felony in 2018.
The Gallatin County Sheriff’s Office, Montana Department of Corrections’ Probation and Parole and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
This case is part of Project Guardian, a Department of Justice initiative launched in the fall of 2019 to reduce gun violence and enforce federal firearms laws. Through Project Guardian, the U.S. Attorney’s Office in the District of Montana is working to enhance coordination of its federal, state, tribal and local law enforcement partners in investigating and prosecuting gun crimes. In addition, Project Guardian supports information sharing and taking action when individuals are denied a firearm purchase by the National Instant Criminal Background Check System for mental health reasons or because they are a prohibited person.
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Convicted Sex Offender Pleads Guilty to Production of Child PornographyRead the Press Release
LOUISVILLE, Ky. – Brian Marchez Byrd, a registered sex offender living in Louisville, pleaded guilty yesterday before United States District Judge Benjamin Beaton to producing child pornography, transportation of child pornography, and committing a felony against a child by a registered sex offender, announced Acting United States Attorney Michael A. Bennett.
At his change of plea hearing, Byrd admitted that he made cell phone videos of himself molesting a 10-year-old victim. Byrd then used a social media site to send these videos to another account. At the time he committed these offenses, Byrd was a lifetime registered sex offender, having pleaded guilty in May 2012 to Rape 3rd Degree and Sodomy 3rd Degree with a 13-year-old victim.
Byrd pleaded guilty without the benefit of a plea agreement and faces a statutory mandatory minimum term of imprisonment of 35 years and up to 90 years’ imprisonment. Byrd’s sentencing hearing is scheduled for June 7, 2021.
The case is being prosecuted by Assistant United States Attorney A. Spencer McKiness. The case was investigated by the Federal Bureau of Investigation with support from the Louisville Metro Police Department.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Convicted Felon Sentenced to 7 Years in Federal Prison for Firearm PossessionRead the Press Release
Jackson, TN – Orlando Mays, 41, has been sentenced to 88 months in federal prison for being a convicted felon in possession of a firearm. Joseph C. Murphy, Jr., Acting United States Attorney announced the sentence today.
According to information presented in court, on October 24, 2019, after an investigation by the 28th Judicial West Tennessee Drug Task Force and the Brownsville Police Department, a search warrant was executed at Mays’ residence in Brownsville, Tennessee where law enforcement recovered in the master bedroom a Smith & Wesson, model M&P Shield, .40 caliber, an American Tactical 5.56/.223 caliber AR-style pistol with a large capacity drum and additional ammunition, a Glock Model 22 firearm with an extended magazine, two digital scales with marijuana residue, a Food Saver Vacuum Sealer with bags, sandwich bags, oven bags, a money counter, and more than $20,000 in currency.
Also found in Mays’ wallet were his U.S. Department of Justice Federal Bureau of Prisons Inmate Identification Card and Tennessee Identification Card. A search of vehicles belonging to Mays yielded a FN Five Seven, model 5.7x28 caliber firearm. The defendant pled guilty to possessing the Smith & Wesson, model M&P Shield.
Mays is a convicted felon having previously been convicted of Use of a Facility in Interstate Commerce in the Commission of Murder-For-Hire in which he was hired by the leader of a drug trafficking organization to murder two individuals. As a result of his felony convictions, Mays is prohibited by federal law from possessing firearms or ammunition.
On March 4, 2021, U.S. District Court Judge J. Daniel Breen sentenced Mays to a total of 88 months imprisonment; 64 months for the firearm offense, and 24 months for violating the terms of his supervised release. He will also serve three years of supervised release. There is no parole in the federal system.
"Mays is a convicted "hit man" and enforcer for the largest drug trafficking organization ever in the state of Tennessee. He was on supervised release from federal prison, living outside of his ordered requirements and trying to hide in small town Tennessee to conduct his criminal enterprise. However, small town Tennessee utilizes big town law enforcement who came together to put Mays back where he belongs, federal prison. I commend my Agents and all of those who participated on a job well done," said John Carter, Director of the West TN Drug and Violent Crimes Task Force.
This case was investigated by the 28th Judicial West Tennessee Drug Task Force; the Brownsville Police Department; the Gibson County SWAT Team; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and U.S. Secret Service.
Assistant U.S. Attorneys Hillary Parham and Christie Hopper prosecuted this case on behalf of the government.
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Capital Region Men Charged with Conspiring to Distribute FentanylRead the Press Release
ALBANY, NEW YORK – Doron Tucker, age 24, of Schenectady, New York, and Darren Favreau, age 50, of Troy, New York, have been charged with conspiracy to distribute 40 grams or more of fentanyl and distribution of fentanyl. Tucker was also charged with possession of a firearm in furtherance of a drug trafficking crime and possession of fentanyl and marijuana with intent to distribute.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
A superseding indictment unsealed today alleges that Tucker and Favreau conspired to distribute over 40 grams of fentanyl in Schenectady and Rensselaer Counties between June and October 2020, and that they distributed fentanyl together on seven occasions between June and August 2020. The superseding indictment also alleges that Tucker distributed fentanyl on six additional occasions between August and October 2020; possessed over 40 grams of fentanyl, and marijuana, with intent to distribute; and also possessed a .40 caliber handgun in furtherance of a drug trafficking crime.
The charges in the superseding indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Tucker, who is detained pending trial, was arrested on October 21, 2020. Favreau was arrested today and detained pending a detention hearing before U.S. Magistrate Judge Daniel J. Stewart on March 11, 2021.
If convicted of all counts, Tucker faces at least 10 years and up to life in prison, and Favreau faces at least 5 years and up to 40 years in prison. Both face a term of post-release supervision of at least 4 years and a fine of up to $5 million. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the DEA, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck
California Man Convicted for Role in Drug Trafficking and Money Laundering ConspiraciesRead the Press Release
Conspirators Used the United States Mail and Other Common Carriers
to Ship Drugs from California to West MichiganGRAND RAPIDS, MICHIGAN—A federal jury convicted Calvin Charles Colbert, Jr., 33, of Los Angeles, California, of federal drug trafficking and money laundering conspiracy offenses following a five-day trial, U.S. Attorney Andrew Birge announced today. Colbert is one of ten defendants who were convicted for their roles in connection with the conspiracies, which was led locally by Johaun Lamont Howland, 31, of Grand Rapids. Shortly before trial, Howland pled guilty to the drug trafficking and money laundering conspiracies involving Colbert, and to firearms charges.
From January 2017 through September 2018, Colbert was Howland’s Los Angeles-based source for cocaine, crystal methamphetamine, heroin, and fentanyl. Colbert used the United States Postal Service and other interstate carriers to ship large quantities of drugs to Howland, who would further distribute the drugs in Grand Rapids and surrounding areas.
Law enforcement developed the investigation, in part, through multiple package interceptions. For instance, on February 28, 2018, investigators intercepted a USPS package that contained approximately 50 grams of heroin, 1 kilogram of cocaine, and 800 grams of fentanyl – a synthetic opioid that is 50 to 100 times more powerful than morphine. During the investigation, agents seized approximately 2.5 kilograms of cocaine, 800 grams of fentanyl, 400 grams of crystal methamphetamine, 1.2 kilograms of marijuana, quantities of heroin, and over $100,000 in drug proceeds.
“Black market fentanyl, which is manufactured in Mexico and China, can be fatal at exceedingly small doses compared to other opiates,” said U.S. Attorney Birge. “Lives were undoubtedly saved by law enforcement’s interception of the package on February 28, 2018. Criminals may think they can evade detection by using the U.S. mail or other common carriers to ship their poison, but Colbert and Howland learned the hard way that these same convenient means of transport can in fact become convincing proof of guilt.”
The United States Postal Inspection Service (USPIS) and Drug Enforcement Administration (DEA) began the investigation into Colbert and Howland’s drug trafficking organization in 2017, in partnership with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Internal Revenue Service Criminal Investigation (IRS-CI), the Kent County Sheriff’s Office, and the Grand Rapids Police Department.
“Battling synthetic opioids, illegal drugs, or paraphernalia in the U.S. Mail is one of the highest priorities for the U.S. Postal Inspection Service, the federal law enforcement arm of the U.S. Postal Service. We utilize enhanced investigative methods and leverage strategic partnerships with federal, state, and local law enforcement agencies to conduct joint investigations and maximize our resources and impact, as evidenced in this case, to remove dangerous drugs from the mail and ensure those responsible for related drug trafficking are prosecuted to the fullest extent possible under the law,” said Bryan Musgrove, Acting Inspector in Charge for the Detroit Division of USPIS.
Keith W. Martin, Special Agent in Charge of the DEA’s Detroit Field Division, stated: “This conviction highlights the impact of multiple agencies joining together to target a drug trafficking organization. DEA will continue to join forces with our federal, state, and local law enforcement partners to target and remove criminals who peddle poisons and prey on our communities.”
In addition to Colbert and Howland, Mark Anthony Martin, Sterling Wesley Hickmon, II, Justin David Martin, Jamica Taylor, Christian Yvonne Newbern, Teyon Rosser-Burch, Malik Saladian Green and Jacarr Devon Cox have been convicted of charges relating to this operation. Taylor, Newbern, Rosser-Burch, Green and Cox received sentences ranging from time served to 92 months. The remainder await sentencing.
This investigation and prosecution is part of an Organized Drug Enforcement Task Force (OCDETF) operation called Operation Bad Rap. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Howland and Colbert’s sentencing hearings will be held, respectively, on June 14, 2021 and June 29, 2021 before U.S. District Judge Janet T. Neff. Both Howland and Colbert face a statutory mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison. This case was prosecuted by Assistant United States Attorneys Clay Stiffer, Austin Hakes, and Dan McGraw.
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Bessemer Man Sentenced on Child Pornography ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Bessemer man on child pornography charges, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Annemarie C. Axon sentenced Michael Lawrence Garcia-Torres, 29, to 188 months in prison followed by a lifetime of supervised release. In September 2020, Garcia-Torres pleaded guilty to one-count of transportation of child pornography and one-count of possession of child pornography. This conviction will require him to register as a sex offender in accordance with the Sex Offender Registration and Notification Act (SORNA).
According to the plea agreement, Dropbox reported to the National Center for Missing and Exploited Children (NCMEC) that images and videos of child pornography were uploaded between September 21, 2017 and February 15, 2018, to an account belonging to Garcia-Torres. As a result, a federal search warrant was obtained for his Dropbox account which revealed 405 images and 19 videos of child pornography. Federal agents also obtained a search warrant for his residence, and Garcia-Torres possessed 1,295 images and 85 videos of child pornography on his electronic devices.
“Today’s sentence is the result of the continued dedication by our prosecutors and law enforcement partners to protect the victims of child exploitation,” U.S. Attorney Escalona said. “I encourage anyone who may have information about possible child sexual exploitation, including posts on social media, to report it to the NCMEC at CyberTipline.org or by calling 1-800-THE-LOST.”
“Child exploitative material is a major threat to our community and something we must all work to eradicate,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Every time these images are viewed or shared it continues to victimize and steal the innocence of the subject.”
U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the Alabama Law Enforcement Agency and Bessemer Police Department. Assistant U.S. Attorney R. Leann White prosecuted the case.
Arsonist who set fire that destroyed Savannah's Code Enforcement Office sentenced to five years in federal prisonRead the Press Release
SAVANNAH, GA: A Chatham County man who admitted deliberately setting the May 3, 2020, fire that destroyed the city of Savannah’s Code Enforcement Office has been sentenced to federal prison.
Stephen Charles Setter, 19, of Savannah, was sentenced to 60 months in prison by U.S. District Court Judge R. Stan Baker after pleading guilty to one count of Arson, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Judge Baker also ordered Setter to pay restitution totaling $1,277,647.66, and to serve three years of supervised release after completion of his prison term.
There is no parole in the federal system.
“By deliberately setting this fire, Stephen Setter senselessly destroyed a significant Savannah government building and as a result has well-earned his sentence,” said Acting U.S. Attorney Estes. “It’s fortunate that none of the Savannah firefighters were hurt while fighting this massive blaze.”
As described in court documents and testimony, Setter admitted starting the fire at the Code Enforcement Office at 1700 Drayton Street in downtown Savannah shortly after 3 a.m. on May 3, 2020. The fire quickly spread into the attic and roof of the building, causing damage estimated at nearly $1 million and rendering it a total loss.
Setter told investigators that he activated a fire alarm at the Landings marina that same night, requiring the Chatham County Fire Department to respond, and while the station was unoccupied he then stole a fire department radio so he could listen to fire department communications.
“This is another example of how ATF has partnered with our state and local agencies to investigate the crime of arson,” said Lenwood S. Reeves, Resident Agent in Charge of the Savannah Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. “Not only does arson destroy millions of dollars’ worth of property each year, it endangers the lives of our first responders and the citizens of the community.”
“We are pleased with the outcome of this case,” said Fred Anderson, Chief Fire Investigator for the Savannah Fire Department. “This is a prime example of the benefit that comes from the strong relationship between the Savannah Fire Department and our federal partners at the ATF and U.S Attorney’s Office.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Savannah Fire Department Arson Unit, and prosecuted for the United States by Assistant U.S. Attorney Tania D. Groover.
Amtrak Employee Charged with Stealing and Selling over $50,000 Worth of Chainsaws and Chainsaw PartsRead the Press Release
NEWARK, N.J. – An Amtrak employee was arrested last night for stealing chainsaws and chainsaw parts valued at over $50,000 from Amtrak and reselling them, primarily through an online auction service, Acting U.S. Attorney Rachael A. Honig announced today.
Jose Rodriguez, 48, of Brick, New Jersey, is charged by complaint with one count of theft from an agency receiving federal funds and one count of theft of government property. Rodriguez is scheduled to appear via videoconference this afternoon before U.S. Magistrate Judge Mark Falk in Newark federal court.
According to the documents filed in this case and statements made in court:
Rodriguez has been an Amtrak employee since October 2007, most recently as a senior engineer and repairman, based out of an Amtrak facility in North Brunswick, New Jersey. Between August 2016 and July 2020, Rodriguez obtained 77 chainsaws, 103 bars, and 163 chains from Amtrak, the total value of which was over $50,000. Rodriguez used an online auction service to sell most of the Amtrak chainsaws and parts to purchasers throughout the United States. Rodriguez also directly contacted one purchaser on multiple occasions offering to sell chainsaws and parts the day before or the same day that Rodriguez picked up chainsaws and parts from Amtrak. Agents recovered several chainsaws that Rodriguez sold, which had serial numbers matching Amtrak’s chainsaws. One of those chainsaws had previously been reported stolen by Amtrak.
The offenses charged in the complaint each carry a maximum penalty of 10 years in prison and maximum fine of $250,000.
Acting U.S. Attorney Honig credited detectives from Amtrak Police New York Division and Mid-Atlantic Division, under the direction of Chief Sam Dotson, and special agents from Amtrak Office of Inspector General, under the direction of Special Agent in Charge Michael J. Waters, Eastern Field Office, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Cari Fais and Jeffrey Manis of the Office’s Special Prosecutions Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Monday 8 March 2021
Woman Indicted for Allegedly Straw Purchasing Handguns in Chicago SuburbRead the Press Release
CHICAGO — A woman has been indicted on federal firearm charges for allegedly straw purchasing handguns in a Chicago suburb on behalf of another individual.
On three occasions in 2019 and 2020, DIAMOND SMITH purchased a total of seven handguns, including two semi-automatic pistols, from a licensed firearms dealer in Oak Forest, Ill., and falsely certified on federal forms that she was the actual buyer, according to an indictment returned in U.S. District Court in Chicago. In reality, Smith purchased the guns on behalf of another individual, the charges allege.
Smith, 28, of Chicago, is charged with three counts of making false statements in connection with the acquisition of a firearm. Arraignment is set for today at 2:00 p.m. before U.S. Magistrate Judge Young B. Kim.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen deTineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The government is represented by Assistant U.S. Attorney Cornelius Vandenberg.
“Straw purchasers too often play a grave role in enabling the unlawful possession of guns and the violence that can follow,” said U.S. Attorney Lausch. “Our office is committed to working with our law enforcement partners to stop the flow of guns to individuals who cannot legally purchase them.”
“When firearms are purchased on behalf of those who are prohibited from possessing them, it poses immense danger to the community,” said ATF SAC deTineo. “We will continue to work closely with our partners to identify these straw purchasers.”
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count in the indictment is punishable by a maximum sentence of ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
U.S. Attorney’s Office Statement on the Passing of Clyde M. SiebmanRead the Press Release
BEAUMONT, Texas – Nicholas J. Ganjei, Acting United States Attorney for the Eastern District of Texas, issued the following statement following the passing of attorney Clyde M. Siebman.
“We join others in the Eastern District of Texas and beyond in mourning the passing of Clyde Siebman. A native of Grayson County, and a law clerk in Sherman to the late U.S. District Judge Paul Brown, Clyde had deep roots in—and a great love for—East Texas. From founding and serving as president of the district’s bar association, to chairing the bench-bar conference for the past 25 years, Clyde devoted his life and career to the promotion of the East Texas legal community. His impact on the district simply cannot be overstated. We extend our condolences to Clyde’s family, law partners, and many friends.”
Clyde Siebman attended Southern Methodist University for both undergraduate studies and law school. He was Board Certified in Civil Trial Law by the Texas Board of Legal Specialization and a member of the East Texas chapter of American Board of Trial Advocates. Clyde served as a member of the Eastern District of Texas’s Local Rules Advisory Committee, Non-Appropriated Fund Committee, and U.S. Magistrate Judge Merit Selection Committee. He passed away on March 4, 2021.
Two Men Indicted for Violating the Federal Controlled Substances and Gun Control ActsRead the Press Release
NEW ORLEANS, LA – WILLIAM AUTHUR BRYANT, JR., a/k/a “Dudie,” age 27, and TATUM TERRELL DARDAR, age 24, both of Terrebonne Parish, La., were charged March 5, 2021, in an 8-count indictment by a Federal Grand Jury with several narcotics offenses, including conspiring to distribute and possess with intent to distribute 50 grams or more of methamphetamine. BRYANT was also charged with being a felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking, announced U.S. Attorney Duane A. Evans.
If convicted of the narcotics trafficking charges, BRYANT and DARDAR each face a mandatory minimum term of imprisonment of 5 years and a maximum of 40 years of imprisonment, a fine of up to $5,000,000.00, and at least 4 years of supervised release following any term of imprisonment. BRYANT also faces 10 years of imprisonment if convicted of being a felon in possession of a firearm, in addition to a consecutive 60 month term of imprisonment if convicted of possessing a firearm in furtherance of drug trafficking.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the defendants’ guilt must be proven beyond a reasonable doubt.
This case was investigated by the U.S. Drug Enforcement Administration, Terrebonne Parish Sheriff’s Office, Houma Police Department, St. Charles Parish Sheriff’s Office, Lafourche Parish Sheriff’s Office, Jefferson Parish Sheriff’s Office, St. John Parish Sheriff’s Office, and the Louisiana State Police. The prosecution is being handled by Assistant United States Attorneys Melissa Bücher and Nolan D. Paige.
Tulsa Resident Pleads Guilty to Assault with Dangerous Weapon in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Polly Anne Sanders, age 37, of Tulsa, Oklahoma entered a guilty plea to Assault with a Dangerous Weapon in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about August 18, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did assault D.L., with a dangerous weapon, with intent to do bodily harm.
The charges arose from an investigation by the Henryetta Police Department, the Okmulgee County Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorney L.C. Wright represented the United States.
Tickfaw Tax Preparer Charged with Filing False IRS ReturnsRead the Press Release
NEW ORLEANS, LA – CHERYL L. KINCHEN, age 38, and a resident of Tickfaw, Louisiana, was indicted on March 5, 2021, by a federal grand jury for filing false tax returns, announced U.S. Attorney Duane A. Evans of the Eastern District of Louisiana.
As charged in the indictment, KINCHEN prepared false tax returns in 2015 and 2017 for her own personal taxes, wherein she significantly underreported her gross income for the alleged time periods.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, KINCHEN faces a maximum sentence of three years, one year of supervised release, and a $100,000 fine for aiding and assisting in the preparation of a fraudulent tax return.
U.S. Attorney Evans commended the special agents of IRS-Criminal Investigation for their handling of the matter. The case is being prosecuted by Assistant United States Attorney Edward J. Rivera.
Talala Man Sentenced for Writing String of Counterfeit Checks at 4 Oklahoma DealershipsRead the Press Release
A Talala man who knowingly wrote counterfeit checks to purchase vehicles at dealerships in Tulsa, Sand Springs, and Collinsville was sentenced in federal court, announced Acting U.S. Attorney Clint Johnson.
“Scotty Belcher passed a series of counterfeit checks, totaling $159,490, to Oklahoma businesses for the purchase of multiple vehicles and equipment,” said Acting U.S. Attorney Clint Johnson. “Thanks to the hard work of Assistant U.S. Attorney Charles McLoughlin, the U.S. Secret Service, FBI, and the Tulsa, Sand Springs and Collinsville Police Departments, this fraudster and counterfeit check writer was sentenced to 18 months in federal prison.”
U.S. District Judge Gregory K. Frizzell sentenced Scotty Lee Belcher, 31, also known as “Native,” to 18 months in prison followed by three years of supervised release. Judge Frizzell further ordered the defendant to pay $2,541.40 to Synergy Motor Works of Tulsa for safety equipment as well as damage costs to two of the motorcycles obtained with counterfeit checks. By the close of April, the Court will also determine the final restitution amount to be paid to Kent’s Custom Cars of Collinsville. The other dealerships recovered their vehicles with no financial losses.
Belcher previously pleaded guilty to one count of possessing and uttering a forged security in the amount of $37, 800 for the purchase of motorcycles at a Tulsa dealership, and to counterfeit forfeiture.
In his written plea agreement, Belcher admitted to fraudulently purchasing four motorcycles, safety equipment, and requested modifications from a dealership in Tulsa. On Aug. 21, 2020, he made payments using three counterfeit checks in the amounts of $37,800, $31, 800 and $2, 240. Belcher told the dealership that the funds came from a trust. The dealership contacted Wells Fargo to confirm the check was on an active account, and Belcher provided the information needed to ensure the purchase went forward. He then signed for the motorcycles and left with three along with the safety equipment. In his statement, Belcher explained that he knew the checks were counterfeit and that his intent was to fool the dealership into believing the checks were legitimate. Belcher also acknowledged that he committed further crimes at three other dealerships.
While Belcher was on bond for writing counterfeit checks at two dealerships in 2019, he purchased two other vehicles at dealerships using separate counterfeit checks on Dec. 9, 2019. After he purchased a 2014 Chevrolet pickup and drove off the lot, the owner of the dealership realized the check was no good and reported the crime to the Tulsa Police Department. Later the vehicle was spotted in traffic by a dealership employee. Tulsa Police responded but lost Belcher. He was located by air in the department’s helicopter, and officers were directed to the defendant’s final location at the Osage Casino in Sand Springs, where he was arrested after being pursued by police canine units.
The U.S. Secret Service, FBI, Tulsa Police Department, Sand Springs Police Department, and Collinsville Police Department conducted the investigation. Assistant U.S. Attorney Charles M. McLoughlin prosecuted the case.
Sioux City Man Pleads Guilty to Meth TraffickingRead the Press Release
A man who conspired to distribute methamphetamine pled guilty March 4, 2021, in federal court in Sioux City.
Derek Wilkens, 35, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine.
At the plea hearing, Wilkens admitted that between about May 2019 through about August 28, 2019, Wilkens and others distributed at least 3 pounds of methamphetamine. Evidence further showed that on August 28, 2019, law enforcement executed a search warrant at the residence of one of Wilkens’ sources of supply in Sioux City, Iowa. During the search, Wilkens possessed approximately 88 grams of methamphetamine which he intended to distribute to another person or persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Wilkens was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Wilkens faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4038. Follow us on Twitter @USAO_NDIA.
Sacramento Man Sentenced to 3 Years in Prison for Failure to Register as a Sex OffenderRead the Press Release
SACRAMENTO, Calif. — Michael Joseph Taylor, 36, of Sacramento, was sentenced today by U.S. District Judge William B. Shubb to three years in prison, followed by five years of supervised release, for failure to register as a sex offender, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Taylor traveled from Oregon to Sacramento, where he resided from at least February 2017 through June 8, 2017, and knowingly failed to register as a sex offender under the Sex Offender Registration Notification Act (SORNA), as was required based on his 2012 convictions in Oregon for attempted sexual abuse in the first degree and sexual abuse in the third degree. While in failure to register status, Taylor was found in possession of matter that showed a minor engaging in or simulating sexual conduct, which led to Taylor’s arrest by Sacramento County sheriff’s deputies on June 8, 2017, and a separate conviction in state court.
This case was the product of an investigation by the U.S. Marshals Service. Assistant U.S. Attorney Shelley Weger prosecuted the case.
Rumney Man Sentenced to 46 Months for Unlawful Possession of a FirearmRead the Press Release
CONCORD - Shane Thompson, 46, of Rumney, was sentenced to 46 months in federal prison for unlawful possession of a firearm and ammunition, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on September 4, 2019, law enforcement officers went to Thompson’s home to arrest him on outstanding warrants. Officers encountered Thompson as he was fleeing from them in the woods by his home. When officers arrested him, they found a handgun in his pocket. Officers obtained a warrant to search Thompson’s home and seized large quantities of ammunition and a .40 caliber magazine. As a convicted felon, Thompson is legally prohibited from possessing firearms and ammunition.
Thompson previously pleaded guilty on November 25, 2020.
“Protecting the citizens of New Hampshire from violent crime is vitally important,” said Acting U.S. Attorney Farley. “One significant way that we can keep our community safe is by keeping guns out of the hands of criminals. We will not hesitate to seek federal prison terms for convicted criminals who unlawfully possess firearms or ammunition.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the New Hampshire State Police. The case was prosecuted by Assistant U.S. Attorney Anna Krasinski.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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.
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Rockland County Man and Woman Charged with Violent Beating and CarjackingRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, Thomas E. Walsh II, Rockland County District Attorney, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Raymond McCullagh, Chief of the Clarkstown Police Department, announced that DWAYNE HICKS and TNAIYA WILLIAMS were arrested on March 6, 2021, based on a criminal Complaint filed in White Plains federal court. HICKS and WILLIAMS are charged with conspiracy to commit carjacking and carjacking, stemming from their participation in a brutal beating and robbery of a victim in New City, New York. HICKS and WILLIAMS will be presented before United States Magistrate Judge Andrew E. Krause in White Plains federal court later today.
U.S. Attorney Audrey Strauss said: “As alleged, Dwayne Hicks and Tnaiya Williams took part in a brazen and brutal carjacking, inflicting grievous bodily injuries to the victim and leaving him for dead. Thanks to the FBI and the Clarkstown Police, Hicks and Williams are in custody and facing justice in federal court.”
Rockland County District Attorney Thomas E. Walsh II said: “The arrests of these two individuals are another example of great cooperation by multiple law enforcement agencies working together to ensure that Rockland County remains a safe community. I commend the dedication and professionalism by all those involved. We will now push forward with an aggressive prosecution of the crimes alleged to bring closure to the victim of this violent attack.”
FBI Assistant Director William F. Sweeney Jr. said: “As we allege, the subjects in this case committed unfathomable acts of violence when they brutally beat and stabbed a man, left him naked and bloody in a snowbank, and stole his car. I want to commend the quick action of our law enforcement partners and the FBI Westchester County Safe Streets Task Force in getting these assailants off the street before they could do more harm.”
Clarkstown Police Chief Raymond McCullagh said: “This heinous crime was not perpetrated on just one victim alone, it affected our entire community. Though these types of crimes are thankfully uncommon in Clarkstown, the men and women of the Clarkstown Police Department were able to swiftly find justice for the victim and allay the concerns of the community. We would like to thank District Attorney Thomas Walsh of the RCDA, FBI, and the U.S. Attorney’s Office of the Southern District for their partnership in this investigation.”
As alleged in the Complaint unsealed in White Plains federal court[1]:
On February 28, 2021, HICKS lured a victim to a certain residence in New City, New York. Once the victim arrived there, HICKS and multiple other assailants, including WILLIAMS, viciously attacked the victim. HICKS, WILLIAMS, and others forced the victim to strip naked, stole his personal belongings, including the keys to his car, and then beat the victim with a baseball bat, belts, and their hands, and repeatedly slashed and stabbed the victim with a large knife. The victim ultimately fled, after being left, naked and covered in blood, in a pile of snow, and some of the assailants drove off in the victim’s car.
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HICKS, 27, of Spring Valley, New York and WILLIAMS, 26, of New City, New York are each charged with one count of conspiracy to commit carjacking, which carries a maximum sentence of five years in prison, and one count of carjacking, which carries a maximum sentence of 25 years in prison. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Ms. Strauss praised the investigative work of the FBI and its Westchester County Safe Streets Task Force, the Clarkstown Police Department, and the Rockland County District Attorney’s Office.
The case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Derek Wikstrom and T. Josiah Pertz are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are 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 in this release constitute only allegations, and every fact described should be treated as an allegation.
Porter Resident Sentenced to 60 Months Probation, $68,885 Restitution for Theft, Embezzlement or Misapplication by Bank EmployeeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Deborah Kay Jenkins, age 48, of Porter, Oklahoma, was sentenced to 5 years probation and ordered to pay $68,885.00 in restitution for Theft, Embezzlement or Misapplication by Bank Employee, in violation of Title 18, United States Code, Section 656. The charges arose from an investigation by the Federal Deposit Insurance Corporation – Office of Inspector General and the Federal Bureau of Investigation.
The Information to which Jenkins previously entered a guilty plea alleged that from in or about May 2017 through in or about February 2019, in the Eastern District of Oklahoma, the defendant, being an employee of, and connected in a capacity with First Bank in Porter, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said First Bank, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets and securities entrusted to the custody and care of First Bank, in that the defendant withdrew cash and transferred funds from the bank and misapplied, embezzled, abstracted and purloined the funds.
“Financial institutions are vital components of our everyday economy. Banking customers expect their deposits to be secure in the hands of their local banks,” said Acting United States Attorney Christopher J. Wilson. “Bank employees who embezzle and steal funds undermine that confidence, and it is the role of the criminal justice system to hold them accountable. I appreciate the investigative work of the FDIC-OIG and the FBI to insure the defendant was identified and brought to justice.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Shannon Henson represented the United States.Pendleton County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Donnie Gale Leggett, Jr., of Brandywine, West Virginia, was sentenced today to 11 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Leggett, 33, pled guilty in October 2020 to one count of “False Statement During Purchase of Firearm.” Leggett admitted to making a false statement to purchase a firearm in Mineral County in November 2019.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Owensboro Drug Trafficking Organization Members Indicted for Methamphetamine and Fentanyl Trafficking OperationRead the Press Release
OWENSBORO, Ky. – Fifteen defendants involved in an Owensboro based Drug Trafficking Organization have been charged by a federal Grand Jury for engaging in a conspiracy to distribute large quantities of methamphetamine and fentanyl, among other charges, announced Acting United States Attorney Michael A. Bennett.
“The allegations involve large quantities of illegal drugs bound for the Western District of Kentucky,” said Acting U.S. Attorney Bennett. “I commend the DEA for spearheading the criminal investigation into this activity as well as our federal, state, and local law enforcement partners – both here in the Commonwealth and from across the U.S. - who assisted in the effort.”
DEA Assistant Special Agent in Charge, Michael Gannon said, “Operation Reapin Benefits in support of DEA’s Operation Crystal Shield, was a perfect example of how local, federal and state law enforcement partners collaborated at the highest possible levels and crushed a violent drug trafficking organization operating out of Owensboro, Kentucky, Louisville, Kentucky, Orange County, California, Phoenix, Arizona and ultimately Mexico.”
“During the course of this investigation the fine men and women of the Owensboro Police Department, the Daviess County Sheriff’s Office members of the DEA Indiana High Intensity Drug Trafficking Area (HIDTA) River City Drug Task Force and the Bureau of Alcohol Tobacco Firearms and Explosives conducted ten judicially authorized federal write-taps on members of this Owensboro based drug trafficking organization which to date has resulted in the seizure of (238) pounds of methamphetamine, (81) pounds of marijuana, (4.5) pounds of fentanyl pills, (20) ounces of cocaine, (23) firearms including assault rifles with high capacity magazines, $350,000 USC, (6) vehicles, and the arrest of 28 individuals on federal/state drug charges. DEA commends the outstanding work by the United States Attorney’s Office, Western District of Kentucky, the Daviess County Commonwealth’s Attorney’s Office, and all the agencies who participated in this multi-jurisdictional investigation.”
“These violent organizations use every means to push their drugs and criminal activities into communities both large and small,” stated ATF Special Agent in Charge R. Shawn Morrow of the Louisville Field Division. “In this instance, the DTO used firearms to further their drug trade and caused serious harm to Kentucky. Our message is clear, if you distribute drugs and violate firearms laws, ATF and our law enforcement partners will work together to hold you accountable. These indictments, announced today, are the result of a coordinated effort of local, state, and federal agencies all committed to reducing violent crime and making our communities safer places to live.”
“The men and women of the Owensboro Police Department remain committed to working with our many partners to effectively reduce violent crime in our city. Said Owensboro Police Chief Art Ealum. Violent crime is a well-known byproduct of the illicit drug trade. We are grateful to the many agencies that worked cohesively with our Street Crimes Unit to investigate this Drug Trafficking Organization and successfully secure indictments for those involved.
Daviess County Sheriff Keith Cain said, “These indictments are the result of an ongoing investigation that initially identified (5) Co-conspirators in a major narcotics criminal enterprise operating in the Owensboro-Daviess County area. This collaborative effort by the Owensboro Police Dept, Daviess Co Sheriff’s Office, DEA, and U.S. Attorney’s Office for the Western District of Kentucky continues, with the possibility of additional persons involved being charged.”
The Indictment follows criminal complaints filed against 5 members of the organization in January 2021 and the seizure of approximately 151 pounds of methamphetamine, 3.5 pounds of suspected fentanyl disguised as pharmaceutical pills, multiple firearms, and over $350,000 in United States Currency. According to the federal Indictment, members of the Drug Trafficking Operation, as early as 2016 and continuing through January 13, 2021, conspired with each other and others to possess with the intent to distribute methamphetamine and fentanyl. The Indictment also alleges the possession of firearms in furtherance of the drug trafficking. The members of the organization were charged as follows:
Willie Watkins, 30, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
Richard Cason, 29, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Additionally, Mr. Cason is charged with Possession with the Intent to Distribute Methamphetamine and Possession of a Firearm in Furtherance of Drug Trafficking for events occurring on or about January 13, 2021.
Keith Watkins, 28, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Keith Watkins has also been charged with Possession with the Intent to Distribute Fentanyl for events occurring between on or about January 12, 2021, and January 13, 2021.
Samuel White, 27, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Mr. White has also been charged with Distribution of Methamphetamine for events occurring on or about October 1, 2019.
Christopher McNary, 31, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Mr. McNary has also been charged with Distribution of Methamphetamine for events occurring on or about November 6, 2020.
William Harvey Duhart, 37, of Phoenix, Arizona, has been charged with Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charge carries no less than a mandatory 10 years in federal prison.
Ryan Thruston, 33, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Ryan Thruston has also been charged with Possession with the Intent to Distribute Methamphetamine, Possession of a Firearm in Furtherance of Drug Trafficking, and Receipt or Possession of an Unregistered Firearm.
James Antonio Smith, 37, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
Derrick Lamont Bullitt, 37, of Louisville, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
Karlchaze D. Thruston, 32, of Louisville, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison. Karlchaze Thruston has not yet been apprehended at this time and is a wanted fugitive.
Nache Moore, 31, of Louisville, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
Jeremy Poiles, 39, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine. If convicted, the charge carries no less than a mandatory 10 years in federal prison. Mr. Poiles has also been charged with Possession with the Intent to Distribute Methamphetamine for events occurring on or about December 11, 2020. Jeremy Poiles has not yet been apprehended at this time and is a wanted fugitive.
Darrion Lamont Moody, 35, of Evansville, Indiana has been charged with Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charge carries no less than a mandatory 10 years in federal prison. Mr. Moody has also been charged with Possession with the Intent to Distribute Fentanyl for events between on or about January 2, 2021, and January 6, 2021.
Devon Harris, 22, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
Joan E. Johnson, of Owensboro, Kentucky, has been charged with Conspiracy to Possess with the Intent to Distribute Methamphetamine and Conspiracy to Possess with the Intent to Distribute Fentanyl. If convicted, the charges carry no less than a mandatory 10 years in federal prison.
The investigation is being led by the Drug Enforcement Administration (Evansville Indiana Resident Office, Albuquerque District Office, Phoenix Field Division, Orange County District County Office, Oklahoma City, Flagstaff Resident Office, Paducah POD, Springfield, Missouri, and SOD); Bureau of Alcohol, Tobacco, Firearms and Explosives Bowling Green, Kentucky; HSI Oklahoma City; Owensboro Kentucky Police Department, Daviess County Sheriff’s Office; Criminal Interdiction Team of Central Oklahoma; Oklahoma County Sheriff’s Office; Oklahoma City Police Department; Arizona Highway Patrol; and the Daviess County Commonwealth’s Attorney’s Office.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
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Old Forge Man Sentenced for Tax EvasionRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 5, 2021, United States Judge Malachy E. Mannion sentenced Christopher Jones, age 54, of Old Forge, Pennsylvania, to three years of probation for tax evasion.
According to Acting United States Attorney Bruce D. Brandler, Jones failed to report over $500,000 in taxable income between 2014 and 2019 to avoid paying federal income taxes. Jones failed to report income he gained from illegal bookmaking activities and made false statements to federal agents in February 2019 during the investigation. Judge Mannion sentenced Jones to serve six months of his three-year term of probation on home confinement, and to pay $117,370 in restitution for taxes due and owing.
Judge Mannion noted that but for COVID, Jones would have had to serve prison time, but his medical conditions placed him at high risk.
The case was investigated by the U.S. Internal Revenue Service (IRS) and prosecuted by Assistant U.S. Attorney Sean A. Camoni.
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Oktaha Resident Found Guilty of Abusive Sexual Contact with A Child Age 12 to 16 YearsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Robert Dale Ogden, age 45, of Oktaha, Oklahoma was found guilty by a federal jury of Count Two - Abusive Sexual Contact with a Child Age 12 to 16 Years, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(3), and 2246(3). The jury trial began with testimony on Tuesday, March 2, 2021 and concluded on Thursday, March 4, 2021 with the guilty verdict on Count Two. The jury returned a not guilty verdict on Count One - Abusive Sexual Contact with a Child Age 12 to 16 Years, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(3), and 2246(3).
Evidence presented at trial proved that on or about June 26, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engage in and cause sexual contact as defined in Title 18, United States Code, Section 2246, with A.P., a person who had attained the age of 12 years but had not attained the age of 16 years and is at least four years younger than the person so engaging, to wit: intentionally touching, directly and not through the clothing, of the inner thigh, with an intent to abuse, humiliate, harass, degrade, arouse, and gratify the sexual desire of any person.
The verdict was the result of an investigation by the Oklahoma State Bureau of Investigation, the Muskogee County Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. Ogden was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Sarah McAmis and Special Assistant United States Attorney Erin Cornell represented the United States.
Okmulgee Resident Sentenced to 36 Months for Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Derrick Leron Jordan, age 49, of Okmulgee, Oklahoma, was sentenced to 36 months’ imprisonment, and 5 years of supervised release for Failure to Register as Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3). The charges arose from an investigation by the Okmulgee Police Department and the United States Marshals Service.
The Indictment to which Jordan previously entered a guilty plea alleged that from on or about December 14, 2018, until on or about March 24, 2020, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma on or about April 22, 1999, for Rape First Degree and Oral Sodomy, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
Acting United States Attorney Christopher J. Wilson said, “Ensuring that sex offenders register and update their registration is an important way law enforcement can promote public safety. In 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA) which made it a federal offense for any person required to register as sex offender who travels in interstate or foreign commerce to fail to register and/or update their registration. Defendants, like Mr. Jordan, who attempt to thwart the registration system will be located and brought to justice.”
“As part of our efforts to keep our communities safe, it is with great pride that the United States Marshals Service works alongside state, local and tribal law enforcement to ensure that convicted sex offenders comply with the requirements of the Sex Offender Registration and Notification Act” said, United States Marshal Kerry Pettingill.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served. Assistant United States Attorney Nalani Ching represented the United States.Ohio man admits to selling cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Anthony L. Turner, of Toledo, Ohio, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Turner, 43, pled guilty today to one count of “Distribution of Cocaine Base.” Turner admitted to selling cocaine base, also known a “crack cocaine,” in September 2020 in Ohio County.
Turner is facing up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
New Jersey Physician and Medical Practice Agree to Pay $106,255 to Resolve False Claims Act AllegationsRead the Press Release
NEWARK, N.J. – A New Jersey physician and his medical practice will pay $106,255 to resolve allegations that they violated the False Claims Act by making false representations in connection with submissions to the Centers for Medicare & Medicaid Services, Acting U.S. Attorney Rachael A. Honig announced today.
According to the contentions of the United States contained in the settlement agreement:
From Jan. 1, 2016, through March 31, 2020, Vedat Obuz and his medical practice, Lotus Clinics P.C./Lotus Family Medicine, falsely billed certain medical procedures to Medicaid and Medicare by representing that the procedures had been performed by Obuz when, in fact, those procedures were performed by nurse practitioners.
The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act by Kathleen Menold. The Act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Ms. Menold will receive 20 percent from the federal share of the settlement.
The government’s pursuit of this lawsuit illustrates its efforts to combat healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
Acting U.S. Attorney Honig credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Supervisory Special Agent Thomas Mahoney, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney Daniel Meyler of the Health Care Fraud Unit in Newark.
The lawsuit is captioned United States ex rel. Menold v. Lotus Family Medicine, Vedat Obuz, and Ozlem Obuz, 17-cv-1728 (D.N.J.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Muskogee Resident Sentenced to 18 Months for Mail Fraud, $560,000 RestitutionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Gene Morgan a/k/a Kenny Morgan, age 44, of Muskogee, Oklahoma was sentenced to 18 months’ imprisonment and 3 years’ supervised release for Mail Fraud, in violation of Title 18, United States Code, Section 1341 and Tax Fraud, in violation of Title 26, United States Code, Section 7206(1). Morgan was also ordered to pay restitution in the amount of $442,883.66 to Direct Traffic Control, Inc. and restitution in the amount of $119,467.87 to the Internal Revenue Service. The charges arose from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service.
The Information to which Morgan entered a guilty plea alleged in Count One that from August 15, 2016 through on or about March 22, 2017, in the Eastern District of Oklahoma and elsewhere, Morgan devised a scheme to defraud Direct Traffic Control, Inc. by diverting insurance claim funds received by Direct Traffic Control, Inc. through the U.S. Mail into his personal bank account. Specifically, on February 15, 2017, Morgan knowingly took and received from an authorized depository for mail an envelope, containing a check in the amount of $303,619.55, addressed to Direct Traffic Control, Inc. and Kenny Morgan.
The Information further alleged that on or about April 15, 2018, in the Eastern District of Oklahoma and elsewhere, the defendant, willfully made and subscribed a false 2017 Form 1040, U.S. Individual Income Tax Return, which contained and was verified by a written declaration that it was made under the penalties of perjury, and which he did not believe to be true and correct as to every material matter, in that he knowingly reported Adjusted Gross Income of $176,564.00, whereas, he then and there knew that the Adjusted Gross Income failed to report approximately $208,563.35 of income.
Morgan was ordered to surrender to the United States Bureau of Prisons by noon on May 1, 2021 to begin serving his sentence of imprisonment at a facility to be designated by BOP.
The Honorable David C. Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, who is temporarily assigned to the Eastern District of Oklahoma, presided over the sentencing hearing. Assistant United States Attorney Douglas Horn represented the United States.
Muskogee Resident Sentenced to 12 Months for Child Neglect in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandon Edward Bridges, age 24, of Muskogee, Oklahoma, was sentenced to 12 months’ imprisonment, and 2 years of supervised release for Child Neglect in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 843.5(C). The charges arose from an investigation by the Federal Bureau of Investigation.
The Indictment to which Defendant Bridges previously entered a guilty plea alleged that on or about December 7, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, Brandon Edward Bridges, willfully and maliciously failed and omitted to provide six children with adequate food, clothing, shelter, sanitation and hygiene and appropriate care and supervision and failed to protect those children from exposure to the use and possession of illegal drugs and illegal activities all while responsible for the children's health, safety and welfare.
“Exposing children to the use and possession of illegal narcotics is inexcusable criminal conduct which cannot be tolerated,” said Acting United States Attorney Christopher J. Wilson. “It has been and will continue to be a priority of the U.S. Attorney’s Office to see to it our most vulnerable are protected.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served. Assistant United States Attorney Jarrod Leaman represented the United States.
Monticello Man Sentenced for Methamphetamine Trafficking and Possession of Firearm by a Convicted FelonRead the Press Release
LONDON, Ky. — A Monticello, Ky., man, Chandler Burnette, 40, was sentenced today to 84 months, by U.S. District Judge Robert Wier, for possession with intent to distribute methamphetamine and possession of firearm by a convicted felon.
According to Burnette’s plea agreement, on September 17, 2019, law enforcement officers responded to a theft report at Burnette’s residence. There, they found him in possession of 38 grams of methamphetamine and scales. Burnette admitted to possessing the drugs with the intent to distribute it to others. Law enforcement also found Burnette in possession of a .22 caliber handgun. Burnette admitted knowing he was a convicted felon and was prohibited from possessing a firearm.
Burnette pleaded guilty in October 2020.
Under federal law, Burnette must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for five years, following his release from prison.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, ATF, Louisville Field Division; and Tim Catron, Wayne County Sheriff, jointly announced the guilty plea.
The investigation was conducted by ATF and Wayne County Sheriff’s Department. The United States was represented by Assistant U.S. Attorney Nick Rabold.
This case was prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, the United States Attorney coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
This case is also part of Project Guardian, the Department of Justice’s targeted 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. Click here for more information about Project Guardian
Montgomery Man Sentenced to 75 Months in Prison after Drugs Found in 5-Year-Old Girl’s Book BagRead the Press Release
Montgomery, Alabama – On Friday, February 23, 2021, Tawasaki Leonorda Williams, a 35-year-old from Montgomery, Alabama, was sentenced to 75 months in prison for possession of a controlled substance with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime, announced Acting U.S. Attorney Sandra J. Stewart. In addition to his prison sentence, Williams was ordered to serve three years of supervised release. There is no parole in the federal system. The sentence comes after Williams pleaded guilty to the charges in November of 2020.
According to court documents, on February 21, 2020, officers with the Montgomery Police Department stopped a vehicle being driven by Williams after they observed him commit a traffic infraction. Once Williams was stopped, he was removed from the vehicle along with a 5-year-old girl who was sitting in the back seat. During the stop, a K9 unit conducted a free-air search around the vehicle and gave a positive alert, indicating narcotics were present in the car. Officers searched the vehicle and located a .45 caliber pistol under the driver’s seat and a substantial quantity of drugs, including powder cocaine and numerous hydrocodone pills. The cocaine, pills and approximately $2,400.00 in cash were found in the little girl’s book bag, which had been sitting next to her on the seat. During a pat down of Williams, methamphetamine was found in his pocket.
When an arrest warrant resulting from these charges was being executed on Williams at his home in July of 2020, he was slow to respond to officers knocking and announcing their presence. While officers were at the door, they could hear the sound of flushing or running water inside the home. When law enforcement entered to make the arrest, they found more guns and drugs. Multiple children were also present in the home. Williams has multiple previous felony convictions and is prohibited from possessing a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Montgomery Police Department investigated this case, with assistance from the United States Marshals Service. Assistant United States Attorney Brandon Bates prosecuted the case.
Mineral County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Kelly Marie Talbert, of Keyser, West Virginia, has admitted to a drug charge, Acting United States Randolph J. Bernard announced.
Talbert, 37, pled guilty today to one count of “Distribution of Methamphetamine – Aiding and Abetting.” Talbert admitted to working with another to sell methamphetamine, also known as “crystal meth” or “ice,” in October 2018 in Hardy County.
Talbert faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, the West Virginia State Police, the Grant County Sheriff’s Office, and the Moorefield Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mineral County man sentenced for cocaine chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Davaun Alonzo Ambush, of Keyser, West Virginia, was sentenced today to 46 months of incarceration for a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Ambush, 25, pled guilty to one count of “Possession with Intent to Distribute Cocaine Base” in November 2020. Ambush admitted to having “crack” cocaine in January 2020 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The West Virginia State Police and the Potomac Highlands Drug Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M Groh presided.
Mescalero man sentenced to a year and a half in prison for assault with a dangerous weaponRead the Press Release
ALBUQUERQUE, N.M. – Samuel Joseph Chee, 26, of Mescalero, New Mexico, and an enrolled member of the Mescalero Apache Tribe, was sentenced in federal court today to a year and a half in prison for assault with a dangerous weapon. Chee pleaded guilty on Oct. 8, 2020.
In his plea agreement, Chee admitted that on Jan. 4, 2020, he assaulted a victim, identified in court records as Jane Doe, with a knife. Jane Doe, also an enrolled member of the Mescalero Apache Tribe, suffered multiple lacerations to both arms and one thumb and required emergency medical treatment. The assault occurred on the Mescalero Apache Reservation in Otero County, New Mexico.
Upon his release from prison, Chee will be subject to three years of supervised release.
The Bureau of Indian Affairs investigated this case. Assistant U.S. Attorney Aaron O. Jordan prosecuted the case.
Manhattan U.S. Attorney Sues Automobile Device Manufacturer EZ Lynk, Its Owners, and A Related Company for Manufacturing and Selling Emissions Control Defeat Device in Violation of the Clean Air ActRead the Press Release
Audrey Strauss, United States Attorney for the Southern District of New York, and Larry Starfield, Acting Assistant Administrator for the Office of Enforcement and Compliance Assurance of the U.S. Environmental Protection Agency (“EPA”), announced today that the United States has filed a civil lawsuit against Cayman Islands-based EZ LYNK, SEZC (“EZ LYNK”), a related company, PRESTIGE WORLDWIDE, SEZC (“PRESTIGE”), and their U.S.-based founders and owners, BRADLEY GINTZ and THOMAS WOOD (collectively, “Defendants”). The lawsuit alleges that Defendants manufacture and sell a defeat device designed to permit car and truck owners to remove computerized emissions controls in violation of the Clean Air Act. The complaint also alleges that EZ LYNK, GINTZ, and WOOD violated the Clean Air Act by refusing to provide EPA with information about the manufacture, sale, and use of EZ LYNK’s defeat device.
U.S. Attorney Audrey Strauss said: “Emissions controls on cars and trucks protect the public from harmful effects of air pollution. EZ Lynk has put the public’s health at risk by manufacturing and selling devices intended to disable those emissions controls. Through our lawsuit, we will prevent Defendants from continuing to sell this product and impose civil penalties to hold them to account.”
EPA Acting Assistant Administrator Larry Starfield stated: “EZ Lynk refused to cooperate with EPA’s investigation, and all the while continued to sell aftermarket defeat devices that resulted in harmful air pollution. This is not acceptable and EPA will work diligently with the Department of Justice to stop the illegal activities and ensure that EZ Lynk complies with the Clean Air Act.”
The complaint filed in Manhattan federal court today alleges that for more than four years, Defendants violated the Clean Air Act’s prohibition on defeat devices. Among other things, the complaint alleges the following:
The Clean Air Act requires motor vehicle manufacturers to design vehicles to meet detailed standards for limiting the emission of harmful air pollutants, which are linked to premature death and cause heart and lung disease, heart attacks, and aggravated asthma, among other serious illnesses. To achieve these limitations, vehicles contain both hardware components and software that work together to maintain vehicle emissions within legal limits. The Clean Air Act makes it illegal to manufacture, sell, offer to sell, or cause to be sold any part or component that has a principal effect of defeating emissions controls, if the defendant knew or had reason to know the product is put to this use.
EZ LYNK manufactures and sells a product permitting drivers to “delete” computerized emissions controls in their vehicles, in violation of the Clean Air Act. Referred to as the “EZ Lynk System,” this product consists of three components: the Auto Agent, which is a physical device that plugs into vehicle computer systems to install software designed to “delete” emissions controls; the EZ Lynk Cloud, which is a cloud computing platform that stores the deletion software; and the Auto Agent App, a smartphone application that connects the Auto Agent to the EZ Lynk Cloud, allowing customers to acquire and install deletion software through their smartphones. EZ LYNK has sold its product to thousands of drivers across the United States.
EZ LYNK also knows and has reason to know that the principal effect and use of this product is to defeat emission controls. Among other things, EZ LYNK maintains an online “EZ Lynk Forum” on social media to encourage and assist drivers looking to disable their vehicle emissions controls using the EZ Lynk System. Hundreds of drivers have visited the EZ Lynk Forum to post their experiences “deleting” emissions controls using the EZ Lynk System. EZ LYNK representatives have explicitly approved many of the posts, and in some instances have offered technical support to drivers disabling emissions controls. For example:
- A driver posted, in part, “Finally made the jump and deleted my 14 Ram 2500: Holy hell [] this thing is awesome! The EZ lynk worked flawlessly, albeit I was a nervous wreck during the tune flash,” adding that “the guys at EZ lynk are doing great work!” The driver tagged an EZ Lynk representative, who later “loved” the post.
- Another driver posted to the EZ Lynk Forum, “Had a few small issues with my ez lynk install. Got in touch with the tech support. All issues resolved. Couldn’t be happier with my ez lynk. Truck has shown huge improvement with the deletes and new tunes.” Again, an EZ Lynk representative “loved” the post.
- A driver posted to the EZ Lynk Forum, “Installed ez Lynk on my 14 ram 3500 fully deleted the other day [but] as soon as it loaded” experienced a malfunction. The driver asked if anyone else had experienced the same problem. An EZ LYNK representative responded, providing detailed instructions to fix the problem. The driver then wrote “[p]roblems fixed with the help of EZ Lynk’s Technical Support Representative.”
In fact, some drivers have used the same EZ Lynk Forum maintained by EZ LYNK to urge others to keep quiet about their use of the EZ Lynk System to defeat emissions controls. For instance, one driver wrote, “If everyone keeps their mouth shut about deleting sooner or later the EPA will calm down.” Since the EZ Lynk System launched in mid-2016, EZ LYNK has manufactured and/or sold at least tens of thousands of EZ Lynk Systems.
Defendants GINTZ and WOOD own EZ LYNK and control, direct, and manage the marketing and sale of the EZ Lynk System as well as the technical support for the EZ Lynk System. Defendant PRESTIGE, which is also owned by GINTZ and WOOD, facilitates EZ LYNK’s sale of the EZ Lynk System in the United States by purchasing the Auto Agent devices from EZ Lynk and selling them onward to distributors that sell the devices within the United States.
EZ LYNK’s illegal activity has been compounded by its refusal to provide EPA with basic information about the manufacture, sale, and use of the EZ Lynk System. The Clean Air Act requires manufacturers like EZ LYNK to provide information that EPA may reasonably require to determine whether the manufacturer’s product complies with the Clean Air Act. As alleged in the complaint, despite repeated requests, EZ LYNK has refused to provide EPA with much of the requested information about the manufacture, sale, and use of the EZ Lynk System. EZ LYNK’s efforts to stymie EPA’s investigation also violate the Clean Air Act.
In its complaint, the United States seeks an injunction barring the sale of the EZ Lynk System, the assessment of civil penalties against all Defendants, and other relief.
* * *
Ms. Strauss thanked the attorneys in EPA’s Air Enforcement Division and program staff at EPA’s Office of Transportation and Air Quality for their critical work on this case. Ms. Strauss also thanked Nicole Veilleux, Senior Counsel in the Environment and Natural Resources Division of the U.S. Department of Justice, for her assistance.
This case is being handled by the Environmental Protection Unit of the Office’s Civil Division. Assistant U.S. Attorneys Mónica Folch and Jennifer Jude are in charge of the case.
- A driver posted, in part, “Finally made the jump and deleted my 14 Ram 2500: Holy hell [] this thing is awesome! The EZ lynk worked flawlessly, albeit I was a nervous wreck during the tune flash,” adding that “the guys at EZ lynk are doing great work!” The driver tagged an EZ Lynk representative, who later “loved” the post.
Manhattan U.S. Attorney Announces Resolution of Civil and Criminal Healthcare Fraud Charges Against Vascular Surgeon for Fraudulently Billing Medicare for Medically Unnecessary ProceduresRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Scott Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General’s (“HHS-OIG”) New York Region, announced today that the civil and criminal healthcare fraud cases against FENG QIN, M.D. (“QIN”), a vascular surgeon, and his medical practice QIN MEDICAL P.C. (“QIN MEDICAL”) have been resolved. QIN, who practiced in Lower Manhattan and Far Rockaway, Queens, was criminally charged in December 2018 with fraudulently billing Medicare for vascular surgery procedures performed on end-stage renal disease (“ESRD”) patients that were not medically reasonable and necessary or covered under Medicare rules; the United States also filed a civil healthcare fraud complaint against QIN and QIN MEDICAL in December 2018.
Under the civil settlement approved today by U.S. District Judge Laura Taylor Swain, QIN and QIN MEDICAL agreed to a pay $783,200 to the United States. The State of New York is expected soon to enter into an additional settlement with defendants in the amount of $16,800, for a total recovery of $800,000. The amount is based on the Office’s assessment of the defendants’ ability to pay based on the financial information they provided. As part of the settlement, QIN and QIN MEDICAL admitted and accepted responsibility for conduct alleged by the Government in its civil complaint as further described below. QIN previously paid $150,000 to settle a prior civil fraud lawsuit filed against him and his previous employer for engaging in fraudulent billing practices during the time period 2010 through 2012.
QIN also entered into a Voluntary Exclusion Agreement with HHS-OIG, which prohibits him from participating in Medicare and other federal healthcare programs for four years. This is in addition to the more than two years he has been so excluded since his arrest, as a condition of his bail. The Government has agreed to defer QIN’s criminal prosecution for a period of one year, after which time it will seek to dismiss the charges if QIN abides by the terms of the deferred prosecution agreement.
Manhattan U.S. Attorney Audrey Strauss said: “For several years, Dr. Qin performed interventional vascular procedures on patients with end-stage renal disease without any documented clinical justification. As a repeat offender, Dr. Qin now faces a lengthy suspension from participating in federal healthcare programs and must make a hefty monetary payment. This Office will continue to hold unscrupulous medical providers accountable when they perform and bill the Government for medically unnecessary procedures.”
HHS-OIG Special Agent in Charge Scott Lampert said: “By billing Medicare for medically unnecessary procedures, Dr. Qin needlessly compromised patient care and victimized taxpayers. Our agency will continue to hold medical professionals accountable, while protecting the federal health care programs intended for those that depend on them for critical services.”
According to the indictment and the Government’s civil complaint:
Patients with ESRD who are receiving dialysis may require vascular access surgical procedures, such as fistulagrams, where dye is injected into the patient’s vein or artery to visualize blood flow, and percutaneous transluminal angioplasties, in which wires and balloons are inserted into blood vessels that have narrowed in order to restore blood flow. However, as Medicare billing guidelines made clear, it is not reasonable and necessary for physicians to bill the program for fistulagrams and angioplasties unless the patient has specific and documented clinical problems, such as significant difficulty receiving dialysis properly.
The patients at QIN’s medical practice primarily consisted of ESRD patients undergoing dialysis treatment. During the relevant period, from 2015 to 2016, QIN routinely scheduled patients for fistulagrams and angioplasties three months in advance, and performed fistulagrams and angioplasties on these patients as a matter of routine, regardless of whether there was a justifiable clinical reason to do so. Furthermore, on multiple occasions he misrepresented the medical conditions of patients in their medical records to make it seem as if they suffered from symptoms that would warrant the procedures when they did not. QIN MEDICAL then unlawfully billed and received payment from Medicare for these procedures, which were excluded from Medicare coverage, as QIN knew.
As part of the civil settlement, QIN and QIN MEDICAL admit, acknowledge, and accept responsibility for the following conduct:
- QIN often routinely scheduled, and actually saw, ESRD patients approximately every three months, regardless of their medical need.
- QIN treated many of his ESRD patients with fistulagrams and angioplasties. The symptoms documented in the medical records, including the records of the dialysis center and the treating nephrologist, were insufficient to justify these treatments for numerous ESRD patients.
- QIN knew that in the absence of a documented clinical justification, Medicare would not pay for fistulagrams or angioplasties. Nevertheless on numerous occasions, QIN MEDICAL sought and received reimbursement from Medicare for these treatments without the required documented clinical justification.
The allegations of fraud stated in the civil complaint were first brought to the attention of federal law enforcement by a whistleblower who filed a lawsuit under the False Claims Act.
The criminal case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Jean-David Barnea, Michael Krouse, and Alexander Li are in charge of the criminal prosecution. The civil case is being handled by the Office’s Civil Frauds Unit, and Assistant United States Attorney Barnea is in charge of the matter.
- QIN often routinely scheduled, and actually saw, ESRD patients approximately every three months, regardless of their medical need.
Man Pleads Guilty to Reporting Fake Bomb Threats Against Federal BuildingRead the Press Release
Assistant U.S. Attorney Brian L. Hazen (619) 546-6695
NEWS RELEASE SUMMARY – March 8, 2021
SAN DIEGO – Manuel de Jesus Rodriguez-Hernandez pleaded guilty in federal court today to reporting fake bomb threats against the Imperial Regional Detention Facility in Calexico, California. The charge to which Rodriguez-Hernandez pleaded guilty carries a statutory maximum of five years in federal prison.
On January 13, 2021, Mr. Rodriguez-Hernandez was housed as a civil detainee at the Imperial Regional Detention Facility awaiting federal immigration proceedings. That afternoon, he called the U.S. Department of Homeland Security’s hotline and said that earlier in the day he had been speaking with his wife on the telephone when the line was interrupted by an unknown person who said there was a bomb at the Detention Facility that was going to explode.
Shortly after the Facility’s management was notified of the threat, security personnel activated emergency protocols, which included the deployment of the bomb squad from the Imperial County Sheriff’s Office. After hanging up with the hotline, Mr. Rodriguez-Hernandez separately approached a detention officer and told the same story—that a bomb was at the detention facility and it was going to explode. For the next several hours, authorities from the Detention Facility and the Sheriff’s Office’s bomb squad thoroughly searched the facility but no explosive devices were found.
When interviewed after the Detention Facility was cleared, Mr. Rodriguez-Hernandez ultimately admitted he fabricated the bomb threats so that federal authorities would initiate an investigation at the Detention Facility.
“This senseless hoax needlessly caused fear and disruption and jeopardized the sense of safety for inmates and employees of this facility,” said Acting U.S. Attorney Randy Grossman. Grossman praised federal prosecutor Brian L. Hazen and federal agents from Immigration and Customs Enforcement for their excellent work on this case.
DEFENDANT Criminal Case No. 21-CR-0339-W
Manuel de Jesus Rodriguez-Hernandez Age: 33
SUMMARY OF CHARGE
Conveying False Information and Hoaxes (Felony) – Title 18, U.S.C., Section 1038(a)(1)
Maximum penalty: Five years in prison; $250,000 fine
INVESTIGATING AGENCY
U.S. Immigration and Customs Enforcement