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22 April 2021
Five People Charged, Two Others Admit Guilt, in $93 Million Health Care Fraud SchemeRead the Press Release
NEWARK, N.J. – Five individuals have been charged and two others have pleaded guilty in New Jersey for their roles in massive durable medical equipment and genetic cancer screening kickback fraud schemes, Acting U.S. Attorney Rachael A. Honig announced today.
Thomas Farese, 78, of Delray Beach, Florida; Pat Truglia, 53, of Parkland, Florida; Domenic J. Gatto Jr., 46, of Palm Beach Gardens, Florida; and Nicholas Defonte, 72, and Christopher Cirri, 63, both of Toms River, New Jersey, are each charged by complaint with conspiracy to commit health care fraud.
Two additional individuals pleaded guilty today by videoconference before U.S. District Judge Kevin McNulty: Brian Herbstman, 46, of Jackson, New Jersey, pleaded guilty to an information charging him with conspiracy to commit health care fraud and to violate the Anti-Kickback Statute; and Sean Hogan, 48, Old Bridge, New Jersey, pleaded guilty to an information charging him with conspiracy to engage in money laundering. Sentencing for both is scheduled for Aug. 31, 2021.
According to documents filed in these cases and statements made in court:
Each of the defendants played a role in defrauding health care benefit programs by offering, paying, soliciting, and receiving kickbacks and bribes in exchange for completed doctors’ orders for durable medical equipment (DME), namely orthotic braces:
- Farese, Truglia, Gatto, and their conspirators had financial interests in multiple DME companies, which paid kickbacks to suppliers of DME orders, including Cirri, Defonte, and Truglia. In exchange for DME orders, the DME companies fraudulently billed Medicare, TRICARE, CHAMPVA, and other health care benefit programs. The defendants concealed their ownership of the DME companies by using straw owners, who were falsely reported to Medicare as the owners of the companies.
- Truglia, Cirri, Defonte, and their conspirators owned and operated multiple call centers through which they obtained DME orders for beneficiaries of Medicare and other federal health care programs. The call centers paid illegal kickbacks and bribes to telemedicine companies to obtain DME orders for these beneficiaries. The telemedicine companies then paid physicians to write medically unnecessary DME orders. The orders were provided to DME supply companies owned by Farese, Truglia, Gatto, and others in exchange for bribes. The DME supply companies provided the braces to beneficiaries and fraudulently billed the health care programs.
- Herbstman and his conspirators had financial interests in multiple DME companies. The DME companies paid kickbacks to suppliers in exchange for DME orders, which the DME companies fraudulently billed to Medicare, TRICARE, CHAMPVA, and other health care benefit programs.
- Hogan and his conspirators agreed to launder the proceeds of the health care fraud conspiracy. From March 2018 to October 2019, Hogan and others withdrew approximately $1.16 million in ill-gotten gains.
Herbstman and his conspirators had business relationships with call centers through which they obtained patient referrals for genetic cancer screening tests. Herbstman provided these patient referrals to others in exchange for kickbacks and bribes from companies that performed the tests and fraudulently billed them to health care programs.
The defendants caused losses to Medicare, TRICARE, and CHAMPVA of approximately $93 million.
The charge of conspiracy to commit health care fraud is punishable by a maximum potential penalty of 10 years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greater. The charges of conspiracy to violate the federal Anti-Kickback Statute and conspiracy to commit health care fraud, to which Herbstman pleaded guilty, are punishable by a maximum potential penalty of five years in prison and a fine of $250,000, or twice the gross profit or loss caused by the offense, whichever is greater. The charge of conspiracy to transact in criminal proceeds, to which Hogan pleaded guilty, is punishable by a maximum potential penalty of 10 years in prison and a fine of $250,000 or twice the gross profit or loss caused by the offense, whichever is greater.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; the Department of Health and Human Services-Office of Inspector General, under the direction of Scott J. Lampert; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Patrick J. Hegarty; and the U.S. Department of Veterans Affairs Office of Inspector General, under the direction of Special Agent in Charge Christopher F. Algieri, with the investigations leading to the charges and guilty pleas.
The government is represented by Assistant U.S. Attorneys Sean M. Sherman and Ryan L. O’Neill of the Opioid Abuse Prevention & Enforcement and Health Care Fraud Units in Newark, Senior Trial Counsel Barbara Ward of the Asset Recovery and Money Laundering Unit in Newark, and Trial Attorney Darren C. Halverson of the Criminal Division’s Fraud Section.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Five Individuals Charged for Roles in $65 Million Nationwide Conspiracy to Defraud Federal Health Care ProgramsRead the Press Release
The owners of four orthotic brace suppliers and several marketing companies were charged in a complaint unsealed yesterday for allegedly orchestrating a nationwide kickback and bribery scheme to order medically unnecessary orthotic braces for Medicare beneficiaries.
Thomas Farese, 78, of Delray Beach, Florida and Pat Truglia, 53, of Parkland, Florida, the owners of orthotic brace suppliers, were each charged with one count of conspiracy to commit health care fraud and three counts of health care fraud, all in connection with paying and receiving health care kickbacks and bribes for orders of orthotic braces.
Christopher Cirri, 63, and Nicholas DeFonte, 72, both of Toms River, New Jersey, the owners and operators of a fraudulent marketing company were charged with one count of conspiracy to commit health care fraud in connection with paying and receiving health care kickbacks and bribes for orthotic brace orders. Cirri and DeFonte were arrested and appeared this afternoon before U.S. Magistrate Judge Jessica S. Allen of the District of New Jersey
Domenic Gatto, 46, of Palm Beach Gardens, Florida, an owner and operator of an orthotic brace supplier, was charged with one count of conspiracy to commit health care, in connection with soliciting and receiving health care kickbacks. Gatto surrendered and appeared this afternoon before U.S. Magistrate Judge Jessica S. Allen of the District of New Jersey
The complaint alleges that between October 2017 and April 2019, Farese, Truglia, Cirri, DeFonte, and Gatto participated in a nationwide conspiracy to defraud Medicare, TRICARE, Civilian Health and Medical Program of the Department of
Veterans Affairs (CHAMPVA), and other federal and private health care benefit programs through the payment and receipt of illegal health care fraud kickbacks in exchange for orthotic brace orders that lacked medical necessity with a total loss of approximately $65 million.
The complaint further alleges that Truglia, Cirri, and DeFonte operated or controlled marketing call centers to solicit beneficiaries of federal and private health care benefit programs and to entice them to accept orthotic braces regardless of need. Truglia, Cirri, and DeFonte paid telemedicine companies illegal kickbacks and bribes in exchange for doctors and other medical professions signing brace orders and falsely swearing to their medical necessity. Truglia, Cirri, and DeFonte concealed the kickbacks and bribes by entering into sham contracts with the fraudulent telemedicine companies and issuing invoices describing the payments as “marketing” or “business process outsourcing” expenses.
Farese and Truglia purchased these brace orders through orthotic brace suppliers in Georgia and Florida through which they billed the federal and private health care benefit programs for the orders. To conceal their ownership interests in the brace suppliers, Farese and Truglia used nominee owners and provided those names to Medicare in lieu of their own.
The complaint further alleges that Gatto connected Cirri and DeFonte to other co-conspirators and arranged for Cirri and DeFonte to sell orthotic brace orders to orthotic brace suppliers in New Jersey and Florida in exchange for illegal health care kickbacks and bribes. Gatto and others paid Cirri and DeFonte kickbacks and bribes for each federal health care beneficiary for whom orthotic brace orders were sold to orthotic brace suppliers to be billed to Medicare, TRICARE, CHAMPVA, and other federal and private health care benefit programs. To conceal the kickbacks and bribes, Cirri and DeFonte created sham invoices labeling the payments as “marketing” and “business processing outsourcing” expenses. To conceal his ownership interest in the brace supplier, Gatto used a nominee owner on forms submitted to Medicare and used shell corporations to transfer the funds he paid in connection with the purchase of the supplier.
The charges here—health care fraud and conspiracy to commit health care fraud—are punishable by a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross profit or loss caused by the offense, whichever is greater. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Rachael A. Honig of the District of New Jersey; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG); Special Agent in Charge Christopher F. Algieri of Department of Veterans Affairs Office of Inspector General (VA-OIG); Special Agent in Charge Patrick J. Hegarty of the Defense Criminal Investigative Service (DCIS); and Special Agent in Charge George M. Crouch Jr. of the FBI’s Newark Field Office made the announcement.
This case was investigated by HHS-OIG, DCIS, the FBI, and VA-OIG.
Trial Attorney Darren C. Halverson of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Sean Sherman and Ryan O’Neill of the District of New Jersey are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Any doctors or medical professionals who have been involved with alleged fraudulent telemedicine and durable medical equipment (DME) marketing schemes should call to report this conduct to the FBI hotline at 1-800-CALL-FBI.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Felon Sentenced for Unlawful Possession of A FirearmRead the Press Release
LAS VEGAS, Nev. – A felon was sentenced yesterday to 46 months in federal prison for unlawful possession of a firearm that had been used in an attempted robbery, announced Acting U.S. Attorney Christopher Chiou for the District of Nevada.
Derrick Simmons, 28, of Las Vegas, had pleaded guilty in January 2021 to one count of felon in possession of a firearm. U.S. District Judge Gloria M. Navarro presided over the sentencing hearing.
According to court documents, on or about June 7, 2020, Las Vegas Metropolitan Police Department officers recovered a .22 caliber semi-automatic firearm from Simmons’ vehicle. He had previously used the firearm during an attempted robbery on June 6, 2020. Simmons is prohibited from possessing a firearm due to a prior felony conviction in Clark County for robbery and battery with a deadly weapon.
This case was investigated by the Las Vegas Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case was brought as part of Project Safe Neighborhoods (PSN), a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
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Federal Grand Jury B Indictments Announced-AprilRead the Press Release
Acting United States Attorney Clint Johnson today announced the results of the April 2021 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jack Clinton Brady. Receipt of Child Pornography; Possession of Child Pornography in Indian Country. From Jan. 1, 2018, to March 4, 2021, Brady, 66, of Tulsa, allegedly received and possessed child pornography. U.S. Immigration and Customs Enforcements’ Homeland Security Investigations and Tulsa Police Department are the investigative agencies.
Terrence Andrew Davis. Coercion and Enticement of a Minor; Production of Child Pornography; Commission of Felony Sex Offense by a Registered Sex Offender. Davis, 29, of Bristow, allegedly enticed and coerced a minor using a social media app to engage in sexual activity from Aug. 1 to Aug. 5, 2020. Davis is also charged with enticing and coercing the minor to engage in sexually explicit conduct for the purpose of producing visual depictions after a previous conviction of soliciting sexual conduct or communication with a minor by use of technology in Creek County District Court. Finally, on Aug. 5, 2020, Davis, a registered sex offender, allegedly committed a felony sex offense against the minor. The Bristow Police Department is the investigative agency.
Isaiah Drywater. Unlawful User of a Controlled Substance in Possession of a Firearm. Drywater, 23, of Tulsa, knowing he was an unlawful drug user, possessed a Smith & Wesson 9 mm semi-automatic pistol. The Tulsa Police Department is the investigative agency.
Kim Wade Dyer, Jr. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Felon in Possession of a Firearm; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises; Possession of Methamphetamine with Intent to Distribute. Dyer Jr., 22, of Tulsa, is charged with being a felon in possession of a Canik 9 mm caliber pistol and with possessing with intent to distribute 500 grams or more of methamphetamine on Sept. 23, 2020. Dyer Jr. is also charged with being a felon in possession of a Benelli Ethos shotgun and possession with intent to distribute 500 grams or more of methamphetamine on Dec. 18, 2021. He is further charged with possessing with intent to distribute 50 grams or more of methamphetamine on March 4, 2021. The defendant is also charged with possessing a firearm in furtherance of a drug trafficking crime and maintaining a drug involved premises. The FBI, Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies.
Cynthis Lucille Fish. Robbery in Indian Country. Fish, 40, of Dewey, aided and abetted others to rob an individual of methamphetamine using force and violence on March 17, 2020. The FBI and Osage County Sheriff’s Office are the investigative agencies.
Dallas Gene Hastings. First Degree Murder in Indian Country. Hastings, 40, of Claremore, is charged with the first degree murder of Erie Anderson Raybon, an 88-year old woman, by beating her to death with a hammer during a home invasion on Jan. 2, 2000. The FBI, Claremore Police Department, and Oklahoma State Bureau of Investigation conducted the investigation.
Kyle Wayne Lawrence. Aggravated Sexual Abuse; Sexual Abuse; Sexual Abuse of a Minor. On Jan. 30, 2018, Lawrence, 35, of Afton, allegedly supplied a minor with alcohol until she became unconscious then sexually abused her. The FBI and Nowata Police Department are the investigative agencies.
Steven Wayne Lockler Jr. First Degree Murder in Indian Country. Lockler Jr., 41, allegedly perpetrated a pattern of assault and torture against a child, Christopher Barnard, and killed the him on April 28, 2008 by striking him in the abdomen. The FBI and Claremore Police Department are the investigative agencies.
Johnny Edward Mize Jr. Murder- Second Degree. Mize Jr., 35, of Tulsa, is charged with shooting and killing a Native American juvenile on July 4, 2017. The Tulsa County Sheriff’s Office and FBI are the investigative agencies.
Marie Morrow; Heather Griffith. Assault with a Dangerous Weapon in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country; Assault by Striking, Beating, and Wounding (Misdemeanor). On March 15, 2020, Morrow, 25, of Grove, allegedly stabbed a victim with a knife, resulting in serious bodily injury. Approximately 15 minutes prior to the stabbing, Griffith, 27, of Grove, allegedly assaulted the same victim by striking, beating and wounding her while Morrow restrained her. The FBI, Oklahoma State Bureau of Investigation, and Delaware County Sheriff’s Office are the investigative agencies.
Rene Ramos; Edgar Tejeda. Possession of Methamphetamine with Intent to Distribute. Ramos, 37, and Tejeda, 24, both of Tulsa, are charged with knowingly possessing with intent to distribute 500 grams or more of methamphetamine. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies.
Gary Dumont Riggs. Aggravated Sexual Abuse of Child (4 Counts). Riggs, 76, of Claremore, is charged with three counts of sexually abusing a minor between May 1, 2014 and Sept. 1, 2014, and one count of sexually abusing a minor between Dec. 1, 2014 to Jan. 31, 2015. The FBI and Verdigris Police Department are the investigative agencies.
Keli Dawn Sewell. Assault With a Dangerous Weapon. Sewell, 31, of Sapulpa, is charged with assaulting a victim with a pistol. The FBI is the investigative agency.
Virgil Wayne Steel. Assault of an Intimate Partner and Dating Partner by Strangling and Attempting to Strangle in Indian Country. On March 30, 2019, Steel, 36, of Nowata, allegedly strangled and attempted to strangle his dating partner. The FBI and Oologah Police Department are the investigative agencies.
Desiree Dione Tah. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Tah, 38, of Claremore, is charged with assaulting a male victim by stabbing him with a knife on March 9, 2020. The FBI and Claremore Police Department are the investigative agencies.
Maxwell Todhunter. Drug Conspiracy; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises. Todhunter, 34, Tulsa, is charged with conspiring with others to possess with intent to distribute and to distribute 500 grams or more of methamphetamine. He is also charged with possessing with intent to distribute 500 grams or more of methamphetamine. He is further charged with possessing a Lorcin .380 ACP caliber handgun in furtherance of a drug trafficking crime and with maintaining a premises for distributing and using methamphetamine. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies.
Jimmy Allen Truster. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Truster, 53, of Afton, is charged with assaulting a female victim by stabbing her with a knife and striking her in the head with a rock. The FBI and Ottawa County Sheriff’s Office conducted the investigation.
Robert Allen Weeks. Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Dating Partner in Indian Country. On April 2, 2021, Weeks, 35, of Tulsa, allegedly assaulted his dating partner by shoving her to the floor and kicking and punching her, resulting in serious bodily injury. The FBI and Tulsa Police Department are the investigative agencies.
Kamau Jahi Williams; Tanara Monique Ruble; Albert Thomas III. Distribution of Methamphetamine; Drug Conspiracy; Distribution of Heroin; Possession of Heroin with Intent to Distribute; Possession of a Firearm in Furtherance of Drug Trafficking Crimes (superseding). Williams, 42, of Tulsa, is charged with knowingly distributing methamphetamine. In this superseding indictment, Williams and Ruble, 39, of Tulsa, are charged with conspiring together and with others to possess with intent to distribute and to distribute heroin. Thomas, 38, of Sapulpa, is charged with knowingly distributing heroin and with possessing with intent to distribute heroin. Thomas is further charged with possessing a firearm in furtherance of his drug trafficking crime. The Drug Enforcement Agency and Tulsa Police Department are the investigative agencies.
Marquiloh Donte Williams. Aggravated Sexual Abuse in Indian Country; Kidnapping in Indian Country; Assault with a Dangerous Weapon in Indian Country. Williams, 24, of Wagoner, threatened a victim, held a machete to her neck, and sexually assaulted her on Aug. 18, 2019. The FBI and Tulsa Police Department are the investigative agencies.
Father and daughter plead guilty to selling millions of dollars in stolen retail product onlineRead the Press Release
ATLANTA - Robert Whitley, a/k/a Mr. Bob, and Noni Whitley, father and daughter, have each pleaded guilty to a separate criminal information charging them for their roles in operating Closeout Express and Essential Daily Discounts, which for years sold millions of dollars of stolen retail product online.
“Robert and Noni Whitley operated a well-organized criminal enterprise disguised as an apparently legitimate small business,” said Acting U.S. Attorney Kurt R. Erskine. “This is retail theft on a massive scale. We will continue to work with retailers and manufacturers to combat organized retail crime that is made easier and more lucrative by the ease by which stolen product can be sold online.”
"For more than eight years, the Whitley’s profited off of the backs of legitimate retailers by encouraging theft of their products for resale online,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Stopping this massive theft of products not only protects the retailers, but also consumers who are affected by those retailers’ losses.”
“The investigation of this criminal enterprise required coordinated enforcement actions through the sharing of intelligence and working together operationally with the FBI. This extensive scheme went beyond petty shoplifting at retail stores and entailed the deliberate sale of stolen goods through third party marketplaces for profit,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “Postal Inspectors are committed to protecting the U.S. Mail system and will continue to work with our law enforcement partners to aggressively investigate these types of crimes.”
According to Acting U.S. Attorney Erskine, the charges and other information presented in court: Between approximately January 2011 and November 2019, Robert Whitley and Noni Whitley operated an organized retail crime operation (“ORC”) in Atlanta through several entities, including Closeout Express and Essentials Daily Discounts. An ORC operation refers to a professional shoplifting, cargo theft, or retail crime ring, or other organized crime occurring in a retail environment. Robert Whitley was the owner and operator of Closeout Express. Noni Whitley worked with her father and helped operate and manage their ORC operation.
Closeout Express and Essential Daily Discounts operated from a warehouse and several residences in Atlanta. Robert Whitley and Noni Whitley relied on “boosters”—who are essentially professional shoplifters—to steal specific retail products or categories of items, including over-the-counter medications (e.g., Prilosec, Nexium, Rogaine, and Claritin), shaving razors, oral care products, as well as health and beauty aids. The boosters stole these products from various big box retailers, national drugstore chains, and national supermarket chains throughout metro Atlanta including CVS, Kroger, Publix, Target, and Walgreens. The boosters would typically bring the stolen product in large trash bags to Closeout Express's warehouse in southwest Atlanta. Robert and Noni Whitley paid the boosters in cash for the stolen product.
Closeout Express mainly sold the stolen retail products online at its own websites, and through various online e-commerce platforms, including the Amazon Marketplace, Walmart Marketplace, and Sears Marketplace. In exchange for a monthly fee or some percentage of the sales, Amazon, Walmart, and Sears permit third-party sellers to establish “online storefronts” to sell new or used products on a fixed-price online marketplace alongside these companies’ regular offerings. Closeout Express established “online storefronts” on each of these marketplaces to sell the stolen retail product. Across these various e-commerce platforms, Closeout Express sold millions of dollars of stolen retail product at below retail and even wholesale cost. Robert and Noni Whitley also sold hundreds of thousands of dollars of stolen product through Essential Daily Discounts’ own website.
In November 2019, federal agents executed multiple search warrants at Closeout Express’s southwest Atlanta warehouse and multiple residences connected to Robert and Noni Whitley. These locations had been used to sort, store, and process the stolen retail product (e.g., “clean” the items of identifying information or anti-theft devices.) Among other evidence of the ORC operation, agents recovered more than $1 million in stolen retail products.
While in operation, Robert Whitley and Noni Whitley sold more than $5 million in stolen retail product through Closeout Express and Essential Daily Discounts.
Robert Whitley, 70, of Atlanta, Georgia, pleaded guilty to one count of interstate transportation of stolen property. His sentencing is scheduled for July 28, 2021 at 2:00 p.m. Noni Whitley, 46, of Atlanta, Georgia, pleaded guilty to one count of conspiracy to commit interstate transportation of stolen property. Her sentencing is scheduled for July 28, 2021 at 1:00 p.m. Both sentencings will be held before U.S. District Judge J. P. Boulee.
This case is being investigated by the Federal Bureau of Investigation and U.S. Postal Inspection Service.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Elizabethtown Man Receives 10 Years in Federal Prison for Methamphetamine and Firearm ChargesRead the Press Release
RALEIGH, N.C. – Christopher Neil McLean, age 47, of Elizabethtown, North Carolina was sentenced April 19, 2021 in Federal District Court in Raleigh. McLean was sentenced to 120 months in federal prison on three counts of an indictment charging: conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine; possession with intent to distribute fifty (50) grams or more of a mixture and substance containing methamphetamine and aiding and abetting; and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, over the weekend of May 30, 2020, Paige Anderson, previously sentenced to 72 months in federal prison, and McLean would travel to Sanford, NC to pick up a large amount of methamphetamine and return the methamphetamine to Bladen County for distribution. On June 1, 2020, law enforcement officers conducted a traffic stop on a vehicle by McLean and Paige Anderson was the passenger. Law enforcement observed McLean leaning towards the center console of the vehicle. Officers were unable to see McLean’s hands upon approach and commanded that McLean show his hands. A K-9 was deployed after McLean and Paige Anderson were secured and the vehicle searched. During the search of the vehicle, law enforcement found approximately 90 grams of methamphetamine, plastic baggies, glass pipes, digital scales, a firearm and $1,189. Law enforcement officers found the firearm and holster in the center console area of the car. Following the stop, McLean provided an unprotected statement indicating that he had a lot of methamphetamine in his car.
G. Norman Acker III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bladen County Sheriff’s Office and Federal Bureau of Investigation (FBI) investigated the case and Special Assistant U.S. Attorney Murphy Averitt prosecuted the case.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation and the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00150-D.
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Eastern District of Oklahoma Federal Grand Jury Hands Down Record Number of IndictmentsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the Federal Grand Jury sitting in Muskogee completed a four-day session last Friday and returned ninety felony indictments. Acting United States Attorney Christopher Wilson called the session “historic.”
“The Eastern District of Oklahoma normally prosecutes around one hundred to one hundred-ten felony cases each year,” said Wilson. “During this last grand jury session alone, Assistant United States Attorneys from our office presented ninety cases and the grand jury returned ninety indictments, fourteen of which remain sealed pending arrest of the charged defendants. This is an unprecedented and historic number of indictments for the Eastern District.”
The vast majority of the new filings are crimes arising out of Indian Country. In July 2020, the United States Supreme Court determined in McGirt v. Oklahoma the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for First Degree Rape by Instrumentation, Lewd Molestation and Forcible Sodomy. On March 11, 2021, the Oklahoma Court of Criminal Appeals ruled the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1, 2021. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by Native Americans or against Native Americans occurring within the twenty-six counties of the Eastern District of Oklahoma.
“It has been our priority to transition defendants in state custody whose charges are being dismissed or convictions set aside as a result of McGirt into federal custody to stand trial in federal court,” said Wilson. “We were able to accomplish that with Jimcy McGirt and he was convicted by a federal jury for his crimes. This same goal has led to the record number of recent indictments.”
Of the seventy-six publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, fourteen involve sexual assault or exploitation of minors, and the balance contain allegations of child abuse, attempted murder, involuntary manslaughter, felonious assault, robbery, and kidnapping. The six non-Indian Country cases involve illegal possession of narcotics, firearms offenses and failure to register as a sex offender.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma:
Murder:
United States v. Dana Marie Barker - Murder in Indian Country
United States v. Melvin James Battiest – Murder in Perpetration of Robbery in Indian Country
United States v. Cory Dean Boykin – Murder in Indian Country
United States v. Kalup Allen Born – Count 1: Murder in Perpetration of Robbery & Kidnapping in Indian Country, Count 2: First Degree Burglary in Indian Country, Count 3: Robbery in Indian Country, and Count 4: Kidnapping in Indian Country
United States v. Byron Jerome Burton, a/k/a Bryon Burton, a/k/a Byron J. Burton – Count 1: Murder in Perpetration of Robbery in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. K C Cole – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tyrik Da’Shon Cohee – Murder in Indian Country
United States v. Christopher Lynn Collins – Murder in Indian Country – Second Degree
United States v. Charles Michael Cooper – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country in Perpetration of Burglary and Aggravated Sexual Abuse, Count 3: Burglary in the First Degree in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, and Count 5: Arson in Indian Country
United States v. Andrew Duncan – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Scott Eagle – Count 1: Murder in Indian Country and Count 2: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Carlton Dion Franklin – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Stormy Seth Gann – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Glen Gore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Rape in Indian Country
United States v. Denise Grass – Murder in Indian Country
United States v. Bobby Joe Hector, Jr. – Murder in Indian Country
United States v. Joseph Allen Hernandez – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country and Count 3: Arson in Indian Country
United States v. Shawn Thomas Jones – Count 1: Murder in Indian Country – Second Degree, Count 2: Murder in Indian Country – Second Degree and Count 3: Driving Under the Influence of Alcohol or Other Intoxicating Substance Resulting in Great Bodily Injury
United States v. Laurie Jean Martin – Murder in Indian Country
United States v. Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Accessory After the Fact and Count 5: Conspiracy
United States v. Jessica Tyan Moore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Robbery in Indian Country
United States v. Tyler Jay Mullins – Murder in Indian Country
United States v. Jimmy Louis Northcutt, Jr. (Superseding Indictment) – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Burglary in the Second Degree in Indian Country, Count 5: Felon in Possession of a Firearm and Count 6: Possession of Stolen Firearm
United States v. Delila Pacheco – Murder in Perpetration of Child Abuse in Indian Country
United States v. James Eric Parker – Count 1: Murder in Indian Country, Count 2: Murder in Perpetration of Kidnapping in Indian Country, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 4: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 5: Kidnapping in Indian Country
United States v. Tyler Presley – Count 1: Murder in Indian Country in Perpetration of Kidnapping, Count 2: Kidnapping in Indian Country Resulting in Death, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 4Interstate Transportation of a Stolen Vehicle
United States v. Cainey Roberts Jr. – Murder in Indian Country
United States v. Clayton Joe Roberts – Murder in Perpetration of Child Abuse in Indian Country
United States v. Richard Wayne Jr. – Murder in Indian Country – Second Degree
United States v. David Glen Thompson – Murder in Indian Country
United States v. Keith Bruno Titsworth – Murder in Indian Country
United States v. Stephen Tanner Vineyard – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tonya Ann Watie – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Burglary in Indian Country
United States v. Brandon Lee White – Count 1: Murder in Indian Country - Second Degree, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 4: Possession of Unregistered Firearm; Felon in Possession of a FirearmSexual Assault:
United States v. Ricky Don Ables, Jr. – Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird – Sexual Abuse of a Minor in Indian Country
United States v. Keith Elmo Davis - Sexual Abuse of a Minor in Indian Country
United States v. J.D. Hooper Jr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country and Count 4: Sexual Abuse of a Minor in Indian Country
United States v. Garrett Joseph Hurst - Sexual Abuse in Indian Country
United States v. Ronnie Lee Lamb – Count 1: Sexual Abuse of a Minor in Indian Country, Count 2: Sexual Abuse of a Minor in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country, Count 4: Sexual Abuse of a Minor in Indian Country, Count 5: Possession Of Certain Material Involving the Sexual Exploitation of a Minor and Count 6: Transfer of Obscene Material to a Minor
United States v. Matthew Roy Lawson (Superseding Indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3:Aggravated Sexual Abuse in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, Count 5: Lewd Acts with a Child in Indian Country, Count 6: Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and Count 7: Possession of Certain Material Involving the Sexual Exploitation of a Minor
United States v. Jay Leon McMillan – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Aggravated Sexual Abuse in Indian Country and Count 4: Aggravated Sexual Abuse in Indian Country
United States v. Santiago “Jimmy” Perez III – Count 1: Coercion and Enticement of a Minor, Count 2: Kidnapping in Indian Country and Count 3: Lewd Acts with a Child Under the Age of 12 in Indian Country
United States v. Danny Ray Reisman – Sexual Abuse in Indian Country
United States v. Levi Cody Root, Sr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country and Count 3: Aggravated Sexual Abuse in Indian Country
United States v. Christopher Cody Eugene Space – Abusive Sexual Contact of a Child Age 12 to 16 Years
United States v. Philip Ryan Stanley – Counts 1-12: Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel – Count 1: Sexual Abuse of a Minor in Indian Country and Count 2: Abusive Sexual Contact in Indian CountryOther violent crime in Indian Country:
United States v. Aaron Wayne Adams – Attempted Robbery in Indian Country
United States v. Nika Daniel Alexander – Count 1: Robbery in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, Count 4: Robbery in Indian Country, Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 6: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Bryce Alan Benshoof – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 3: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Kristy Lynn Bitar – Count 1: Attempt to Commit Murder in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Chaland Teddie Lee Caldwell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon in Indian Country and Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence
United States v. Phabian Raphael Flores – Count 1: Robbery in Indian Country and Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Dion Shane Gilbert – Count 1: Assault of a Spouse, Intimate Partner and Dating Partner by Strangling, Suffocating and Attempting to Strangle and Suffocate in Indian Country, Count 2: Assault by Striking, Beating and Wounding in Indian Country, Count 3: Assault by Striking, Beating and Wounding in Indian Country and Count 4: Assault by Striking, Beating and Wounding in Indian Country
United States v. Nicholas Hammer – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Geoffry Hitcher – Count 1: Kidnapping in Indian Country, Count 2: Robbery in Indian Country, Count 3: Assault Resulting in Serious Bodily Injury in Indian Country and Count 4: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Jonathon Linder – Child Abuse in Indian Country
United States v. Dalton Dwayne Livesay - Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country
United States v. Joseph Eugene Meyer (Superseding Indictment) – Count 1: Kidnapping in Indian Country, Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence and Count 4: Felon in Possession of Firearm
United States v. James Russell Parker – Involuntary Manslaughter in Indian Country
United States v. Daniel Cruz Perez – Manslaughter in Indian Country
United States v. Philip Lee Ramos, a/k/a Phillip Lee Ramos – Robbery in Indian Country
United States v. Robert Dwayne Roberts – Involuntary Manslaughter in Indian Country
United States v. Scotty Lafay Russell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with Intent to Commit Murder in Indian Country, Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 4: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 5: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 6: Felon in Possession of a Firearm
United States v. Robert Dean Smith II – Count 1: Assault with a Dangerous Weapon in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Keith Taylor – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 2: Attempted Robbery in Indian Country and Count 3: Simple Assault in Indian Country
United States v. Nawllah S. Tiger and Jason Buck – Count 1: Child Abuse in Indian Country, Count 2: Child Abuse in Indian Country, Count 3: Child Neglect in Indian Country and Count 4: Child Neglect in Indian Country
United States v. Heather Nicole White – Involuntary Manslaughter in Indian Country
United States v. Tanya Michelle Wilson – Kidnapping in Indian CountryNon-Indian Country offenses:
United States v. Eduardo Angel and Jose Ramon Gutierrez, a/k/a Jose Ramon Gutierez – Possession with Intent to Distribute Methamphetamine
United States v. Regina Ballard - Possession with Intent to Distribute Methamphetamine
United States v. Jeremy Chad Gilliland – Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence
United States v. Mario Salazar-Mendez - Possession with Intent to Distribute Methamphetamine
United States v. Timothy Allen Stacy, II – Count 1: Possession with Intent to Distribute Methamphetamine, Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 3: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 4: Possession of Unregistered Firearm and Count 5: Felon in Possession of Firearm and Ammunition
United States v. Woodrow Michael Wisdom – Failure to Register as Sex OffenderAn indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
East St. Louis Caretaker Sentenced to Prison for Stealing Identities of Elderly ClientsRead the Press Release
EAST ST. LOUIS, Ill. – A woman who abused her employment with an in-home health care company and stole the identities of her elderly clients is heading to prison. Erica S. Rose, 31, of East Saint
Louis, Illinois, was sentenced today to one year and one day in federal prison and two years of court supervision after her release. Rose pled guilty to conspiracy to commit bank fraud and wire fraud and aggravated identity theft last November.
In 2018, Rose worked for a company called CareLink and gained access to the homes of her elderly victims as their hired caretaker. While inside, she stole social security numbers and other identifying information and passed the stolen information along to her co-defendant, Ashley McKinney. McKinney allegedly used victims’ funds and identities to withdraw money from ATMs, deposit fraudulent checks, and even purchase a car online for over $28,000.
There is an outstanding warrant for McKinney’s arrest in this case.As part of her sentence, Rose was ordered to pay $9,864.71 in restitution.
The investigation was conducted by detectives from the Edwardsville Police Department, Belleville
Police Department, Swansea Police Department, and St. Clair County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Luke J. Weissler.Eagle Butte Man Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Samuel Swift Bird, age 30, was sentenced to 34 months in federal prison, followed by three years of supervised release, a $500 fine, a special assessment to the Federal Crime Victims fund in the amount of $100, and forfeiture of three firearms and ammunition.
Swift Bird was indicted by a federal grand jury on September 9, 2020. He pled guilty on February 1, 2021.
On August 30, 2019, at a motel in Eagle Butte, Swift Bird knowingly and intentionally possessed five grams of methamphetamine with intent to distribute. He also possessed a handgun and over $6,000 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Swift Bird was immediately remanded to the custody of the U.S. Marshals Service.
EDVA Encourages Participation in the 20th National Prescription Drug Take Back DayRead the Press Release
ALEXANDRIA – Acting U.S. Attorney Raj Parekh is encouraging community members in the Eastern District of Virginia to participate in DEA’s 20th National Prescription Drug Take Back Day, to be held at participating locations on Saturday, April 24, 2021.
For this year’s Take Back Day, Acting U.S. Attorney Parekh will be participating in a public event with senior leadership of the Drug Enforcement Administration (DEA), including Acting Administrator D. Christopher Evans and Washington Division Special Agent in Charge Jarod Forget. The event will also feature Acting Director Regina LaBelle of the Office of National Drug Control Policy (ONDCP) and the 2020 Miss America, Camille Schrier, who is currently pursuing a Doctor of Pharmacy Degree at Virginia Commonwealth University and serves as a prescription safety advocate. The event will take place on April 24 from 10 a.m. to 2 p.m. at the Fairfax County Police Department’s West Springfield District Station, which serves as a Take Back site for the community.
“Take Back Day allows our communities to safely dispose of unused and unwanted prescription drugs, which could save lives by reducing the chances that they will be misused and cause an overdose,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We must continue working together to raise awareness about the need for everyone to remain vigilant year-round in safely disposing of prescription drugs that are no longer needed. We fully support these vital efforts by DEA and all of our law enforcement partners as we stand united in combating the opioid crisis that has been ravaging our communities.”
National Prescription Drug Take Back Day is a bi-annual event that aims to provide a safe, convenient, and responsible means for disposing of prescription drugs, while also educating the general public about the potential for abuse of medications. This service is free and anonymous, with no questions asked of individuals who participate in the event.
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Recent statistics from the Centers for Disease Control and Prevention (CDC) show that opioid overdose deaths have increased during the COVID-19 pandemic. According to preliminary CDC data, 87,203 Americans died as a result of a drug overdose from Oct. 1, 2019 to Sept. 30, 2020, which is the most ever recorded within a one-year period and represents an approximately 27 percent increase in reported deaths year-over-year. The increase in drug overdose deaths appeared to begin prior to the COVID-19 pandemic, accelerating significantly during the first months of the public health crisis.
According to the Virginia Department of Health, fatal drug overdoses have been the leading cause of accidental or unnatural deaths in Virginia since 2013, and in the second and third quarters of 2020, the Commonwealth experienced a more than 62% increase in fatal drug overdoses compared to the same time periods in 2019.
Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. DEA and its partners will collect tablets, capsules, patches, and other solid forms. Liquids, including intravenous solutions, syringes and other sharp objects, and illegal drugs will not be accepted. DEA will continue to accept vaping devices and cartridges at any of its drop-off locations, as long as the lithium batteries are removed.
To keep everyone safe, collection sites will follow local COVID-19 guidelines and regulations. In addition to Take Back Day, prescription drugs can be disposed of at any of the 11,000 authorized collectors at any time throughout the year. For more information about the event on April 24, or to locate a collection site near you, visit https://takebackday.dea.gov/ or call 1-800-882-9539.
Dupree Man Sentenced for Cattle ConversionRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota, man convicted of Conversion of Mortgaged or Pledged Property was sentenced on April 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Daris William LaPlante, age 51, was sentenced to five years of probation and ordered to pay $74,700.58 in restitution to the Farm Service Agency of the U.S. Department of Agriculture. He must also pay a $100 special assessment to the Federal Crime Victims Fund.
LaPlante was indicted by a federal grand jury on August 11, 2020. He pled guilty on February 1, 2021.
In 2015, LaPlante took out a loan from the Farm Service Agency to purchase livestock and farm equipment for his ranch near Dupree, South Dakota. The livestock and equipment was secured as collateral for the loan. Over the next several years, LaPlante knowingly sold 44 head of cattle without the Farm Service Agency’s knowledge or consent. LaPlante kept the profits for himself instead of paying back his loan. He also gave away 20 cows that he could no longer care for, also without the Farm Service Agency’s knowledge or consent. The total loss for the stolen cattle amounted to $74,700.58.
The investigation was conducted by the U.S. Department of Agriculture, Office of Inspector General. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Dobbs Ferry Man Charged in White Plains Federal Court with Destruction of MTA VehicleRead the Press Release
Audrey Strauss, U.S. Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, the Commissioner of the Police Department for the City of New York (“NYPD”), announced that NICHOLAS SKULSTAD was taken into federal custody today based on a criminal Complaint filed in White Plains federal court charging him with destruction of a motor vehicle employed in interstate commerce, in connection with SKULSTAD’s alleged assault on a Metropolitan Transportation Authority (“MTA”) vehicle in Ossining, New York, on April 5, 2021. SKULSTAD will be presented later today before U.S. Magistrate Judge Paul E. Davison.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Nicholas Skulstad used his vehicle as a weapon, repeatedly ramming it into an occupied MTA vehicle, then shattering the driver’s window. When police officers responded, Skulstad allegedly charged at and threatened them, and had in his car a notebook page titled “List – To Kill,” with names of public figures. Thanks to the combined response of law enforcement officers and agents, Skulstad is in custody and facing a serious federal charge.”
FBI Assistant Director William F. Sweeney Jr. said: “Skulstad’s alleged targeting of an MTA vehicle, and the subsequent actions he took against police officers who arrived on scene, remind us of the threat our public servants face each and every day as they uphold their duty to protect the communities they serve. Thanks to the work of the FBI’s JTTFs and our many partners in this case, Skulstad no longer poses a threat to society or, more specifically, those he included as targets on his list.”
NYPD Commissioner Dermot Shea said: “Attacks against public servants, as alleged in this federal complaint, endanger not only those who work to maintain public safety, but all of society. I commend our investigators in the NYPD and our partners in the FBI Joint Terrorism Task Force and the United States Attorney’s Office in the Southern District of New York for working closely to ensure this individual would be brought to justice.”
As alleged in the Complaint unsealed in White Plains federal court[1]:
On April 5, 2021, SKULSTAD rammed his vehicle repeatedly into an MTA vehicle driven by an MTA employee in Ossining, New York, damaging the MTA vehicle and forcing it off the road. SKULSTAD subsequently exited his vehicle, approached the MTA vehicle on foot, and banged on the driver-side window until he shattered it.
When Ossining Police Department officers arrived at the scene, SKULSTAD yelled at an officer, “I’m Jesus Christ! You are going to die today! Are you ready to die?” SKULSTAD then charged a police vehicle, throwing his body into the driver-side door and yelling threats at an officer inside. SKULSTAD resisted officers’ attempts to subdue him, before ultimately being taken into custody.
After taking SKULSTAD into custody, law enforcement found in SKULSTAD’s vehicle, among other things, a shell casing and a notebook with a page entitled, “List – To Kill,” which listed the names of various current and former public officials and other public figures.
* * *
SKULSTAD, 33, of Dobbs Ferry, New York, is charged with destruction of a motor vehicle employed in interstate commerce, which carries a maximum sentence of 20 years in prison. The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the FBI’s New York-based Joint Terrorism Task Force (“JTTF”), which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies. Ms. Strauss also thanked the Ossining Police Department, the Irvington Police Department, the Dobbs Ferry Police Department, the Croton-on-Hudson Police Department, the FBI’s Newark-based JTTF, the FBI’s Counterterrorism Division, the U.S. Attorney’s Office for the District of New Jersey, the Westchester County District Attorney’s Office, the Westchester County Real Time Crime Center, and the New York State Intelligence Center for their assistance.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Sam Adelsberg and Elinor L. Tarlow are in charge of the prosecution, with assistance from Trial Attorney Elisabeth Poteat of the Counterterrorism Section of the Department of Justice’s National Security Division.
The charge contained in the Complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation.
Day & Zimmermann NPS, Inc. Pays $200,000 to Resolve Alleged Violations of False Claims Act Arising from TVA ContractRead the Press Release
KNOXVILLE, Tenn. –Day & Zimmermann NPS, Inc. (“D&Z”), a privately owned company specializing in construction and maintenance services, has paid $200,000 to resolve allegations that it submitted false claims to the Tennessee Valley Authority (“TVA”) for services performed in connection with capital improvement projects at the Watts Bar Nuclear Power Plant.
In 2013 and 2014, TVA, in response to the 2011 Fukushima Daiichi nuclear disaster and the U.S. Nuclear Regulatory Commission’s follow-on safety mandates, amended its existing $700 million contract with D&Z by an additional $550 million, in part to fund improvements designed to enhance safeguards against nuclear meltdowns. One such improvement was to build an elevated “Flex” building (“the Flex Project”), designed to provide backup operating controls in the event of an earthquake, flood, tornado, hurricane, or other extreme event.
The settlement resolves allegations that, during the period January 1, 2014 through May 5, 2014, D&Z knowingly shifted costs from various project codes that fell outside the scope of the Flex Project and improperly charged those costs against the Flex Project by falsely using Flex Project codes. The United States also alleged that D&Z failed to correct mischarges that it knew or should have known were incorrectly applied and which resulted in false claims for payment, as well as overpayments that were not returned to TVA.
“The United States relies on the companies with which it contracts to accurately represent their charges to the government, and government contractors have a duty to refund any overpayments they receive. Our office will continue to pursue contractors who violate those duties and put at risk the fiscal integrity of government programs designed to ensure the safe operation of sensitive public energy facilities,” said Acting United States Attorney Francis M. Hamilton III.
“The TVA OIG is committed to identifying and investigating false claims and overpayments that negatively impact the ratepayers throughout the Tennessee Valley,” said Jill Matthews, Deputy Inspector General Performing the Duties of the Inspector General. “The TVA OIG would like to thank the United States Attorney’s Office, specifically Assistant U.S. Attorney Jeremy Dykes and Assistant U.S. Attorney Jessica Sievert for diligently pursing resolution of this complex case and ensuring funds were properly returned to TVA.”
The settlement agreement was announced today by Acting United States Attorney for the Eastern District of Tennessee Francis M. Hamilton III and Jill Matthews, Deputy Inspector General Performing the Duties of the Inspector General for TVA. Senior Special Agent Greg Schultz of TVA-Office of the Inspector General investigated this matter, and Assistant U.S. Attorneys Jessica Sievert and Jeremy Dykes represented the United States.
This investigation resulted from a coordinated effort between the TVA-Office of Inspector General and the U.S. Attorneys’ Office of the Eastern District of Tennessee.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Davenport Man Sentenced to Federal Prison on Drug ChargeRead the Press Release
DAVENPORT, Iowa — On Wednesday, April 21, 2021, United States District Court Judge Stephanie M. Rose sentenced Larry Dean Weir, age 40, of Davenport, to 120 months in prison for Possession with Intent to Distribute 50 Grams or More of Methamphetamine announced Acting United States Attorney Richard D. Westphal. Weir was ordered to serve five years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund.
In September of 2019, law enforcement investigated a suspicious vehicle believed to belong to Weir. Officers located Weir at a hotel in Bettendorf and obtained a search warrant for his room, where they located 111.30 grams of methamphetamine and a digital scale underneath a mattress. A female acquaintance of Weir’s admitted receiving methamphetamine from him earlier that day. Weir admitted he possessed the methamphetamine with the intent to distribute some or all of it to other persons.
This matter was investigated by the Bettendorf Police Department and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
DEA and Partners hold National Prescription Drug Take Back Day on April 24Read the Press Release
Memphis, TN – Acting United States Attorney Joseph C. Murphy, Jr., joins the Drug Enforcement Administration in announcing that on April 24th, DEA will hold its 20th
National Prescription Drug Take Back Day. The biannual event will be held at thousands of collection sites around the country. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs. The service is free and anonymous.
With robust public participation, the National Prescription Drug Take Back Day Initiative continues to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they are vulnerable to misuse, theft or abuse by family members and visitors, including children and teens.
Now in its 20th year, DEA’s October 2020 Take Back Day brought in a record-high amount of expired, unused prescription medications, with the public turning in close to 500 tons of unwanted drugs. Over the 10-year span of Take Back Day, DEA has brought in more than 6,800 tons of prescription drugs. With studies indicating most abused prescription drugs come from family and friends, including from home medicine cabinets, clearing out unused medicine is essential.
"It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals," said Acting Administrator D. Christopher Evans. "Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment."
"As the nation’s overdose death toll continues to rise, it’s now more important than ever to safely dispose of any medications you no longer need in your home medicine cabinet," said Special Agent in Charge Todd Scott, head of DEA’s Louisville Division. "This is a great opportunity for all of us to work together, to make our communities safer by keeping prescription drugs out of the wrong hands."
Rates of prescription drug abuse in the United States continue to be alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Most prescription drug abusers say they get their drugs free from friends and family, including from the home medicine cabinet. Take Back Day is a unique opportunity for Americans to protect their homes and medicine cabinets from theft and abuse.
Helping people dispose of potentially harmful prescription drugs is just one-way DEA is working to reduce addiction and stem overdose deaths.
Learn more about the event at www.deatakeback.com or by calling 800-882-9539.
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DEA Announces 20th National Prescription Take Back DayRead the Press Release
United States Attorney SHAWN N. ANDERSON, for the Districts of Guam and the Northern Mariana Islands (NMI), will join the Drug Enforcement Administration (DEA) on Saturday, April 24th for its 20th National Prescription Drug Take Back Day. The biannual event will be held from 10:00 a.m. to 2:00 p.m., at thousands of collection sites around the country, including here in Guam and the NMI. This event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
DEA will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illegal drugs will not be accepted. DEA will continue to accept vaping devices, cartridges – in addition to tablets, capsules, patches, and any other medication in solid forms – at any of its drop off locations. It is important to note that DEA cannot accept devices containing lithium-ion batteries. If batteries cannot be removed before dropping off, please consult with stores that recycle lithium-ion batteries.
In 2019, citizens of Guam and the NMI turned in over 1,650 pounds collectively. According to the Centers for Disease Control and Prevention, the U.S. has seen an increase in overdose deaths during the COVID-19 pandemic, with 85,500 people dying of a drug overdose in just one year (August 2019 – August 2020), the largest number of overdoses recorded in a 12-month period. The increase in drug overdose deaths appeared to begin prior to the COVID-19 health emergency but accelerated significantly during the first months of the pandemic.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards to others and the environment. This initiative addresses the public safety and public health issues that surround drugs languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
The following sites in Guam and the NMI are designated to receive unused prescription drugs and vaping device products on Saturday, April 24, 2021, between 10:00 a.m. and 2:00 p.m.:
- Agana Shopping Center (Center Court)
- Andersen Air Force Base Exchange (Entrance to Store)
- Dededo Mayor’s Office
- Guam Premier Outlets (Cold Stone Yogurt Bar)
- K-Mart (Entrance)
- Naval Base Guam - Navy Exchange (Food Court)
- Saipan Commonwealth Health Center (Outpatient Pharmacy)
- Rota Health Center
- Tinian Health Center
Contact DEA Resident Agent in Charge Kenneth Bowman at 671-472-7384 regarding any questions about prescription drug abuse and any concerns regarding drug-related activity on Guam or in the NMI.
For more information, go to www.dea.gov, www.DEATakeBack.com
Cleveland County Man Is Sentenced to 11+ Years in Prison for Receipt of Child PornographyRead the Press Release
ASHEVILLE, N.C. – A Cleveland County man has been sentenced to 135 months in prison today for receipt of child pornography, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Quinlan Drake Scism, Jr., 21, of Kings Mountain, N.C. was also ordered to serve a lifetime under court supervision and to register as a sex offender after he is released from prison, and to pay $35,000 in restitution to child pornography victims and a $5,000 special assessment.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Sheriff Alan Norman of the Cleveland County Sheriff’s Office join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, the FBI became aware that an individual, later identified as Scism, was using a file sharing program on the dark web to receive child pornography. On September 23, 2019, the FBI executed a search warrant at Scism’s residence, seizing a thumb drive and a computer. The following day, while he was being interviewed at the Cleveland County Sheriff’s Office, Scism acknowledged that he viewed and downloaded child pornography from the internet and admitted to attempting to conceal his online activity on his cell phone when he learned about the FBI’s investigation. Scism also admitted that, as a teenager, he sexually abused a minor female. According to court records, a forensic examination of Scism’s seized devices revealed that he possessed 959 images and 48 videos of child pornography, some of which depicted sadistic and masochistic acts against prepubescent children.
During the time law enforcement were conducting the child pornography investigation into Scism, the Cleveland County Sheriff’s Office was contacted by park rangers with Crowders Mountain State Park concerning unusual activity and behavior exhibited by Scism while he was at the park. Court records show that, on at least two occasions, Scism was observed hiding in or leaving the women’s restrooms at the park. Due to his behavior, Crowders Mountain State Park sent a letter to Scism prohibiting him from entering the park.
On September 11, 2020, Scism pleaded guilty to receipt of child pornography. He is currently in federal custody and he will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the FBI and the Cleveland County Sheriff’s Office for their investigation of this case.
The prosecution for the government was handled by the U.S. Attorney’s Office in Asheville.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Cherokee County Man Sentenced for Distribution of MethamphetamineRead the Press Release
TYLER, Texas – A Jacksonville man was sentenced today to 78 months in federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Andres Gallegos, 38, pleaded guilty on Jan. 13, 2020, to possession with intent to distribute and distribution of methamphetamine and was sentenced to 78 months in federal prison today by U.S. District Judge J. Campbell Barker.
According to the court documents, an investigation into drug trafficking in Smith and Cherokee Counties revealed in October 2018 Gallegos regularly sold methamphetamine from his residence in Jacksonville. Gallegos was indicted by a federal grand jury on Sep. 8, 2019, and charged with distributing methamphetamine on Oct. 16, 2018, Oct. 17, 2018, and again on Oct. 26, 2018.
“Over time, cases like this can make a big difference in our local communities,” said Acting U.S. Attorney Nicholas J. Ganjei. “Through a sustained, focused effort by federal, state, and local law enforcement, we can make our cities and town safer and drug-free.”
This case was investigated by the Smith County Sheriff’s Department, the Cherokee County Sheriff’s Department, the Jacksonville Police Department, and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Allen H. Hurst.
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Charleston Man Sentenced to Six Years in Federal Prison for Gun and Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to 72 months in prison for gun and drug crimes including distribution of methamphetamine, possession with intent to distribute methamphetamine, and being a felon in possession of a firearm.
According to court documents, Rahmell Rashaad Thomas, 32, sold approximately four ounces of methamphetamine to a confidential informant from his residence in Charleston on March 5, 2020. Shortly after that transaction, law enforcement officers obtained a search warrant for the same residence and conducted a search. Approximately 341 additional grams of methamphetamine were located inside along with a Lorcin .380 semi-automatic pistol and United States currency. Thomas later admitted to possessing those items, and to selling methamphetamine in the Charleston area for at least three months prior to his arrest. He admitted to obtaining methamphetamine in one pound increments from a source in Morgantown which he would then bring back to Charleston to sell. Thomas has a prior felony conviction in the state of New York for attempted assault in the second degree which prohibits him from possessing firearms.
Acting United States Attorney Lisa G. Johnston for the Southern District of West Virginia made the announcement and commended the work of the Charleston Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the United States Marshals Service.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00074.
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Buffalo Woman Pleads Guilty to Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Sharee Bailey, 29, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to being a felon-in-possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorneys Justin G. Bish and Nicholas T. Cooper, who are handling the case, stated that on August 4, 2020, the defendant was present at 216 Landon Street in Buffalo, when the Bureau of Alcohol, Tobacco, Firearms, and Explosives executed search warrants on her person and the residence. Inside of 216 Landon Street, investigators observed and recovered a .22 caliber semi-automatic rifle, and multiple rounds of ammunition belonging to Bailey. The defendant was previously convicted in 2012 in Niagara County Court of Criminal Sale of a Controlled Substance-5th Degree, and as a result, she is legally prohibited from possessing a gun.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for August 18, 2021, at 10:00 a.m. before Judge Sinatra.
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Bridgeport Tax Return Preparer IndictedRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and Ramsey E. Covington, Acting Special Agent in Charge of IRS Criminal Investigation in New England, today announced that a federal grand jury in Hartford has returned a 14-count indictment charging TORISE BAKER, 37, of Bridgeport, with tax fraud offenses.
The indictment was returned on April 6, 2021. Baker appeared yesterday via videoconference before U.S. Magistrate Judge S. Dave Vatti, entered a plea of not guilty, and was released on bond.
As alleged in the indictment, Baker prepared tax returns for clients through 101 Things 2 Do, LLC, a multi-service business she operated in Bridgeport. For the 2014 through 2016 tax years, Baker prepared numerous federal tax returns for taxpayers that claimed false deductions, including unreimbursed business expenses, charitable contributions and tax preparation fees. In addition, Baker failed to file her own federal tax return for the 2015 tax year.
The indictment charges Baker with 13 counts of aiding and assisting in the preparation and presentation of false and fraudulent income tax returns, an offense that carries a maximum term of imprisonment of three years on each count, and one count of failure to file an income tax return, an offense that carries a maximum term of imprisonment of one year.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Peter S. Jongbloed.
The Justice Department issued a statement today that warns taxpayers to avoid fraudulent tax preparers, notes recent criminal and civil enforcement actions against fraudulent tax preparers, and provides resources for taxpayers and tax preparers.
Bradenton Man Convicted of Possessing Fentanyl with the Intent to Distribute and Being A Felon in Possession of A FirearmRead the Press Release
Tampa, Florida –A federal jury has found Larome D. Waiters (31, Bradenton) guilty of possession of fentanyl and heroin with the intent to distribute and being a convicted felon in possession of a firearm. Waiters faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. His sentencing hearing is scheduled for July 21, 2021.
Waiters had been indicted on October 1, 2019.
According to testimony and evidence presented at trial, in August 2019, officers arrested Waiters, based on an active arrest warrant, as he was coming out of an apartment wearing a fanny pack. Inside the fanny pack, Waiters had almost 17 grams of a fentanyl/heroin mixture packaged for sale. Inside the apartment, investigators found two guns. During an interview with law enforcement, after his arrest, Waiters told officers that he was planning to sell the fentanyl and that he owned the guns. As a previously convicted felon, Waiters is prohibited from possessing a firearm of ammunition under federal law.
This case was investigated by the Drug Enforcement Administration and Bradenton Police Department. It is being prosecuted by Assistant United States Attorney Callan L. Albritton.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Hot Batch.” The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Booneville Pharmacy Agrees to Pay $250,000 to Resolve Alleged Violations of the Controlled Substances ActRead the Press Release
LEXINGTON, Ky. – A Booneville, Kentucky pharmacy, Public Drug Company, d/b/a Booneville Discount Drugs, has agreed to pay the United States $250,000 to settle civil allegations that it failed to make and maintain complete and accurate records of its controlled substances, in violation of the federal Controlled Substances Act (“CSA”).
Under the CSA, pharmacies authorized to possess controlled substances are required to maintain complete and accurate records of each controlled substance received, dispensed, and disposed. The U.S. Drug Enforcement Administration (“DEA”) has the authority to inspect the records of these pharmacies and verify that their controlled substances records are complete and accurate in compliance with the CSA.
The United States alleged that Booneville Discount Drugs failed to maintain complete and accurate records of its controlled substances inventories from November 25, 2016 to April 25, 2018. In an audit performed by the DEA, Booneville Discount Drugs’ records did not account for observed shortages of oxycodone and methadone in its inventories during this time period. Booneville Discount Drugs also self-disclosed its recordkeeping discrepancies of controlled substances to the DEA.
The Government’s work in this investigation illustrates its commitment to combatting violations of controlled substances laws. Tips from all sources about possible violations of controlled substances laws can be reported to the DEA at www.dea.gov/submit-tip.
The DEA, Diversion Control Division conducted the investigation of alleged violations. Assistant United States Attorney Meghan Stubblebine represented the United States. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Black Hawk Man Sentenced on Robbery ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted of Interference with Commerce by Robbery was sentenced by Jeffrey L. Viken, U.S. District Judge.
Nicholas Butler, age 19, was sentenced on April 19, 2021, to 30 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $1,579.49 in restitution to Rushmore Casino.
The charge relates to Butler who, along with two other individuals, robbed the casino at gunpoint in March 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case is also part of Project Guardian, the Department of Justice’ssignature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Firearms, Tobacco, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Butler was immediately remanded to the custody of the US Marshals Service.
Bergen County Man Charged with Mortgage Fraud, Fraudulently Obtaining SBA Loan and Aggravated Identity TheftRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was arrested today on charges of engaging in mortgage fraud, fraudulently obtaining an SBA loan, and stealing another person’s identity information, Acting U.S. Attorney Rachael A. Honig announced.
Nathanael Zimmerman, 40, of Wyckoff, New Jersey, is charged by complaint with one count each of wire fraud, bank fraud and aggravated identity theft. He is scheduled to appear by videoconference this afternoon before U.S. Magistrate Judge Jessica S. Allen.
According to the complaint:
From August 2013 through January 2014, Zimmerman orchestrated a scheme to engage in mortgage fraud concerning Federal Housing Administration (FHA)-insured loans. Zimmerman aided individuals in applying for FHA-insured loans and caused fraudulent representations to be made to the lenders, including submitting false bank statements. Zimmerman received a portion of the loan proceeds. Later, these unqualified individuals defaulted on their loans, causing losses to the U.S. Department of Housing and Urban Development of more than $300,000.
In 2020 Zimmerman used his deceased brother’s identity to obtain a U.S. Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL). Zimmerman received more than $150,00 by applying for EIDL funds in his brother’s name and using his brother’s personal identification information.
The charges of wire fraud affecting a financial institution and bank fraud are each punishable by a maximum potential penalty of 30 years in prison and a fine of $1 million, or twice the gross profits or twice the gross loss suffered by the victims, whichever is greater. The charge of aggravated identity theft is punishable by a mandatory consecutive term of imprisonment of two years in prison and a fine of $250,000, twice the gross profits or twice the gross loss suffered by the victims, whichever is greater.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., in Newark, and special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorneys Sammi Malek and Andrew Kogan of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations and the defendant is considered innocent unless and until proven guilty.
Beaverton Man Charged with Child Exploitation Crimes After Stalking and Exploiting Australian Minor Using Social MediaRead the Press Release
PORTLAND, Ore.—A local man has been charged with federal child exploitation crimes after using various social media applications, including Snapchat and TikTok, to stalk and sexually exploit a minor victim from Australia, announced Acting U.S. Attorney Scott Erik Asphaug.
Jorge Rosales, 25, of Beaverton, Oregon, has been charged by criminal complaint with sexually exploiting children, distributing and possessing child pornography, cyberstalking, and enticing a minor online.
“This case demonstrates the extraordinary lengths sexual predators will go to victimize children. It also demonstrates the tenacity and reach of law enforcement when investigating these heinous crimes,” said Acting U.S. Attorney Asphaug. “I applaud the incredible investigative efforts of our domestic and international law enforcement partners to identify this defendant and see to it that his ability to victimize vulnerable children across the globe ends immediately.”
“Protecting our children from predators lurking on the internet is truly a global challenge, requiring coordination with our international law enforcement partners” said Special Agent in Charge Robert Hammer, who oversees Homeland Security Investigations (HSI) operations in the Pacific Northwest. “HSI will continue to pursue online predators that exploit popular apps such as Snapchat and TikTok to lure innocent children.”
According to court documents, in April 2021, a special agent from HSI received an investigative referral from INTERPOL and the Australian Federal Police related to the sexual exploitation of a then-nine-year-old victim in Australia. According to the Australian authorities, in 2016 or 2017, an individual later identified as Rosales began communicating with the minor victim using Musical.ly, a social media application now known as TikTok. Rosales claimed he was a 36-year-old male named Alex.
Over a period of months, Rosales engaged the minor in a series of progressively more sexually explicit conversations even after the minor told him she was nine years old. Rosales sent the minor sexually explicit photos and videos to demonstrate how she could engage in various sex acts. These materials included photos and videos of older men having sex with toddlers and young girls. Rosales encouraged the victim to produce and send him sexually explicit photos and videos of herself. When the victim declined, he threatened to turn her friends and family against her, and, in at least one instance, sent her photos of animals beaten until injured. Eventually, the minor victim sent naked photos of herself to Rosales.
Rosales later began communicating with the minor victim using Snapchat, wherein he would send her videos of himself masturbating. He claimed he could see where the victim lived on Snap Map, a Snapchat feature where users can see the location of various Snaps, and threatened to come get her if she didn’t continue sending him explicit photos. These threats prompted the victim to send Rosales additional naked photos and videos, which she produced at his request.
Eventually, after receiving many similar requests from Rosales, the minor victim blocked Rosales’ accounts. In response, over a period of several years, Rosales created and used dozens of new social media accounts to stalk and torment the minor victim. Rosales began following several of the victim’s friends on TikTok. On one occasion, one of the victim’s friends followed a link posted by Rosales that led to a website displaying photos of young naked girls. The website included some of the photos the minor victim had sent to Rosales several years earlier.
Australian investigators obtained and sent to HSI the TikTok subscriber record for the first account Rosales used to communicate with the minor victim. This record included IP addresses later matched to Rosales’ mobile phone and Beaverton residence. Investigators from HSI searched the National Center for Missing & Exploited Children’s CyberTipline Reports and found 13 reports connected to Rosales’ mobile phone and home internet connection. These reports indicated that Rosales had used several social media platforms, including Snapchat, TikTok, Twitter, and Instagram, to distribute photos and videos depicting child sexual abuse to other users between September 2019 and November 2020. HSI investigators also discovered a parallel investigation into Rosales’ conduct being conducted by the Hillsboro Police Department.
Rosales was arrested on April 21, 2021, and made his initial appearance in federal court today before U.S. Magistrate Judge John V. Acosta. He was ordered detained pending further court proceedings.
This case was investigated by HSI and the Hillsboro Police Department with assistance from INTERPOL, the Australian Federal Police, and the Victoria Police in Victoria, Australia. It is being prosecuted by Gary Y. Sussman, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Anyone who has information about the physical or online exploitation of children are encouraged to contact HSI at (866) 347-2423or submit a tip online at www.ice.gov/tips.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document the victims’ exploitation and abuse, but when shared across the internet, re-victimize and re-traumatize the child victims each time their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children at www.missingkids.org.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Barbour County man admits to drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Theodore Edward Coontz, of Belington, West Virginia, has admitted to a methamphetamine charge, Acting U.S. Attorney Randolph J. Bernard announced.
Coontz, 47, pleaded guilty today to one count of “Possession with Intent to Distribute Methamphetamine.” Coontz admitted to having methamphetamine in August 2020 in Barbour County.
The plea agreement also stipulates that Coontz will forfeit two pistols, a revolver, a shotgun, a rifle, ammunition, and $1,538 in cash found during a traffic stop and a subsequent search of his home.
Coontz 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 Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mountain Region Drug Task Force, and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Atlanta Man Indicted in Pittsburgh on Charges Relating to Check Fraud SchemeRead the Press Release
PITTSBURGH, PA- A resident of Atlanta, Georgia has been indicted by a federal grand jury in Pittsburgh on charges related to check fraud, Acting United States Attorney Stephen R. Kaufman announced today.
The indictment, returned on April 13 and unsealed today, charged Joshua Buice, 36, with one count of conspiracy to commit offenses against the United States.
According to the Indictment, from in and around April 2019 to in and around January 2020, the defendant conspired to steal mail matter from the United States mail for the purpose of stealing checks. The legitimate checks were drawn on accounts of businesses operating in interstate commerce and were drawn on accounts at financial institutions then insured by the Federal Deposit Insurance Corporation. These checks were altered by changing the payee names to the names of individuals recruited to cash the fraudulent checks.
The law provides for a maximum total sentence of 5 years in prison, a fine of $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 Brian M. Czarnecki is prosecuting this case on behalf of the government.
The United States Secret Service, the United States Postal Inspection Service, and the Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Aliquippa Man Sentenced for Possessing Cocaine, a Firearm and AmmunitionRead the Press Release
PITTSBURGH - A former resident of Aliquippa, Pennsylvania, has been sentenced in federal court to 63 months’ imprisonment, followed by six years of supervised release on his conviction of narcotics trafficking and possession of a firearm and ammunition by a convicted felon, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Nora Barry Fischer imposed the sentence on Antoine Cummings, age 37.
According to previous information presented to the court, in September 2019, the Beaver County Drug Task Force and Aliquippa Police Department searched an apartment in which Cummings was living. During the search, law enforcement officers found and seized around 51 grams of powder cocaine, a loaded Smith and Wesson 40 caliber pistol, ammunition, and over $5,800, all possessed by Cummings. Because Cummings had prior felony convictions, including one for drug trafficking, he was a person not to possess a firearm and ammunition.
Assistant United States Attorney Brian M. Czarnecki prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Beaver County Drug Task Force which led the multi-agency investigation of this case. Other agencies involved in the investigation include the Beaver County High Intensity Drug Trafficking Area (HIDTA) Task Force and the Aliquippa Police Department.
Akayed Ullah Sentenced to Life in Prison for Bombing New York City Subway Station in 2017 on Behalf of ISISRead the Press Release
Audrey Strauss, the U.S. Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the Police Department for the City of New York (“NYPD”), announced that AKAYED ULLAH was sentenced today in Manhattan federal court to life in prison for carrying out a terrorist bombing attack on behalf of the Islamic State of Iraq and al-Sham (“ISIS”) in a subway station under the Port Authority Bus Terminal in New York City on December 11, 2017. In November 2018, a jury convicted ULLAH after a one-week trial of all six counts in the Indictment. The sentence was imposed by the Honorable Richard J. Sullivan, who also presided over the trial.
Manhattan U.S. Attorney Audrey Strauss said: “Akayed Ullah, previously convicted in a New York federal court of carrying out a lone-wolf bombing attack on behalf of ISIS at the Port Authority Bus Terminal, a bustling transit artery in New York City, admittedly intended to murder as many innocent Americans as possible. Ullah’s motive was clear and unambiguous: a deeply held ideological hatred for America. Ironically, Ullah’s actions resulted only in reaffirming the greatness of America by displaying the fairness and impartiality for which our justice system stands. Ullah received a speedy, fair, public trial, and was convicted by a jury of his peers. Akayed Ullah’s message of hatred clearly backfired; his just sentence of life in prison only exemplifies that cowardly acts of terrorism will be met with law enforcement’s unwavering resolve to protect our core values of freedom and democracy.”
Assistant Attorney General John C. Demers said: “Ullah constructed a pipe bomb and detonated it in a mass transit hub in the heart of New York City to harm and terrorize as many people as possible – and he admitted that he did it on behalf of ISIS. This case reminds us that the threat of ISIS-inspired terrorism remains real. This sentence holds Ullah accountable, as he will spend the rest of his life in federal prison for his crimes. I want to thank all of the agents, analysts, and prosecutors whose outstanding work made this result possible.”
FBI Assistant Director William F. Sweeney Jr. said: “Bound and determined to incite fear and create a mass casualty incident, Ullah detonated a pipe bomb of his own creation in one of New York City’s major transportation hubs during morning rush hour. The quick thinking of PAPD officers, who responded to the threat undeterred by the potential risk to their safety, in addition to the work of the FBI’s JTTF and the NYPD, is another example for the public of our joint commitment to keep the citizens and visitors of New York City safe. Today’s sentencing is a just ending in this case.”
NYPD Commissioner Dermot Shea said: “Akayed Ullah accepted the call from ISIS to target and kill New Yorkers. Through planning and research, he built a pipe bomb and detonated it in the heart of the New York City Transit System under the Port Authority Bus Terminal. Fortunately, this cowardly act resulted in no loss of life to New Yorkers. I commend the FBI agents and NYPD detectives of the JTTF, prosecutors from the United States Attorney for the Southern District of New York, and our other Law Enforcement partners for bringing this individual to Justice.”
As set forth in the Complaint, Indictment, evidence presented at trial, and other court filings and proceedings:
On December 11, 2017, at approximately 7:20 a.m., AKAYED ULLAH detonated a pipe bomb strapped to his chest in a subway station under the Port Authority Bus Terminal in midtown Manhattan. Shortly after the blast, first responders located ULLAH lying on the ground in the station where he had detonated the improvised explosive device, and he was taken into custody. Surveillance footage captured ULLAH walking through the station immediately prior to the explosion, and then detonating the bomb.
ULLAH began radicalizing in about 2014. ULLAH was angry at U.S. foreign policy in the Middle East, and began seeking out online materials promoting radical Islamic terrorist ideology. In particular, ULLAH was inspired by ISIS propaganda, including a video in which ISIS instructed supporters to carry out attacks in their homelands if they were unable to travel overseas to join ISIS. ULLAH began researching how to build a bomb about a year prior to his attack. He built his pipe bomb in the weeks leading up to the attack at his Brooklyn apartment.
Following the attack on December 11, 2017, law enforcement located remnants of the pipe bomb on ULLAH’s person and strewn across the attack site in the subway station. Law enforcement found, among other things: (i) a nine-volt battery inside ULLAH’s pants pocket, which he used as the power source for triggering the bomb; (ii) wires connected to the battery and running underneath ULLAH’s jacket; (iii) plastic zip ties underneath ULLAH’s jacket, which he used to strap the bomb to his body; (iv) several fragments of a metal pipe, which ULLAH had filled with an explosive substance that he made using sugar and match heads; (v) fragments of Christmas tree lightbulbs attached to wires, which ULLAH used to ignite the explosion; and (vi) numerous metal screws. ULLAH filled his pipe bomb with dozens of metal screws to function as shrapnel, for the purpose of causing maximum damage.
On the morning of the attack, shortly before detonating his bomb, ULLAH posted a statement on Facebook referring to the then-President of the United States, stating: “Trump you failed to protect your nation.” ULLAH also posted an ISIS slogan so that ISIS would know that he had carried out the attack on behalf of ISIS.
After ULLAH was taken into custody following the attack, he waived his Miranda rights and spoke to law enforcement. ULLAH stated, among other things, that he carried out the bombing on behalf of ISIS, and chose a busy weekday morning for the attack in order to “terrorize as many people as possible.” One commuter who was inside the station when ULLAH detonated the pipe bomb suffered a shrapnel wound to his leg, and two other victims partly lost their hearing as a result of the blast. ULLAH’s attack caused the Port Authority subway station and bus terminal to shut down temporarily, disrupting the lives of commuters across the New York City area.
After the attack, law enforcement searched ULLAH’s apartment pursuant to a search warrant. Agents recovered, among other things, ULLAH’s passport, which contained the handwritten statement, “O AMERICA, DIE IN YOUR RAGE.” Less than two weeks before carrying out the attack, ULLAH had watched and drawn inspiration from a particular ISIS propaganda video that proclaimed, “die in your rage, America,” with an image of the U.S. Congress in the background.
Later in December 2017, while in custody at the Metropolitan Correctional Center on the charges in this case, ULLAH began chanting “more is coming” at a correctional officer, and then told the officer: “You started this war, we will finish it. More is coming, you’ll see.”
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In addition to the prison term, ULLAH, 31, was sentenced to life of supervised release.
Ms. Strauss praised the outstanding investigative efforts of the FBI, the NYPD, and the Port Authority of New York and New Jersey Police Department. ULLAH’s conviction is the result of the close cooperative efforts of the U.S. Attorney’s Office for the Southern District of New York and the FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the NYPD, and over 50 other federal, state, and local agencies.
The prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Rebekah Donaleski and George D. Turner are in charge of the prosecution, with assistance from Trial Attorneys Jason Denney and Felice Viti of the Counterterrorism Section of the Department of Justice’s National Security Division.
Acting U.S. Attorney Gonzalez Encourages Idahoans to Participate in DEA’s National Prescription Drug Take Back Day This SaturdayRead the Press Release
BOISE – Acting U.S. Attorney Rafael M. Gonzalez, Jr. wants to ensure that Idahoans are aware how to rid their homes of unused and unwanted medications.
With opioid overdose deaths increasing during the pandemic, the Drug Enforcement Administration (DEA) is holding its 20th National Prescription Drug Take Back Day this Saturday, April 24, 2021, at locations across the country, including 38 here in Idaho. The nationwide initiative aims to addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse.
“Prescription medications often end up in the wrong hands, fueling an epidemic that kills more Americans than car accidents,” said Gonzalez. “DEA is providing an actionable way for our communities to step up and help combat this crisis by simply cleaning out their medicine cabinet. I urge Idahoans to do their part by going to a collection site and safely disposing of unused, expired, and dangerous prescriptions. DEA makes it easy for all of us and I thank them for organizing this biannual event.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that most abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
“You can help save lives by participating in DEA’s Drug Take Back Day,” said DEA Special Agent in Charge Frank Tarentino. “More than 87,200 drug overdose deaths occurred in a one-year period in the U.S., the highest number of overdose deaths ever recorded in a 12-month period. We can all do our part by disposing of unwanted and expired prescription medications at one of the 176 collection sites.”
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year. For more information, visit: www.apps2.deadiversion.usdoj.gov/.
“It’s important to keep our own homes safe by regularly cleaning out medicine cabinets and any other areas where we store our pharmaceuticals,” said DEA Acting Administrator D. Christopher Evans. “Bringing unused or expired medications to a local collection site for safe disposal helps protect your loved ones and the environment.”
DEA also encourages the public to reach out to their local law enforcement agencies to find out if they have any permanent drug disposal locations throughout their local community.
DEA and its partners will collect tablets, capsules, patches, and other solid forms. DEA will continue to accept vaping devices and cartridges at any drop off location, as long as the lithium batteries are removed. DEA is doing all it can to help dispose safely of vaping devices and liquids to get these products off our streets and out of the hands of children. This service is free and anonymous, no questions asked.
Since it was established in 2010, DEA has held 19 National Prescription Drug Take Back Day events, which have, collectively, removed 13,684,848 pounds (more than 6,842 tons) of medications from circulation.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site near you, visit www.deatakeback.com
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16 Individuals Charged with Drug Trafficking in Aguadilla, Puerto RicoRead the Press Release
SAN JUAN, Puerto Rico – On April 20, 2021, a federal grand jury in the District of Puerto Rico returned a six-count indictment against 16 defendants charged with conspiracy to possess with intent to distribute controlled substances, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico, and Rafael Riviere-Vázquez, Special Agent in Charge of the Federal Bureau of Investigation, San Juan Field Office. The FBI and the Puerto Rico Police Bureau (PRPB), Aguadilla Strike Force, are in charge of the investigation.
The indictment alleges that since the year 2015, the drug trafficking organization distributed heroin, cocaine base (crack), cocaine, and marihuana in the Andrés Méndez Liceaga and the Hacienda San Andrés Public Housing Projects in the municipality of San Sebastián, all for financial gain and profit. The 16 defendants acted in different roles in order to further the goals of the organization, to wit: leaders, enforcers, runners, sellers and facilitators. Nine of the defendants are relatives.
As part of the conspiracy, the members of the drug trafficking gang established drug points that moved within different areas inside the public housing projects to avoid police detection. Some co-conspirators collected the profits from the drug trafficking sales and traveled within the municipality of San Sebastián and other areas nearby to deliver the proceeds to the leaders of the organization. The defendants had access to different vehicles to transport money, narcotics, and firearms.
At different points during the conspiracy the leaders provided members of the organization with different types of firearms to protect themselves, the narcotics, and their proceeds. The co-conspirators used force, violence, and intimidation to maintain control of the areas in which they operated. Eight defendants are facing one count of possession of firearms in furtherance of a drug trafficking crime. All the defendants are facing a narcotics forfeiture allegation of 10 million dollars.
The individuals indicted are:
Richard Cardona-Valle, a/k/a “Richy/Gremlins”
Elvin Pérez-Ortiz, a/k/a “El Menor”
Andy Xavier Torres-Negrón, a/k/a “Bebo/Caculo”
Luis Javier Maldonado-Rodríguez, a/k/a “Goldo/Goldo FN”
Richard Acevedo-Rivera, a/k/a “El Manco”
Marcos Cardona-Valle, a/k/a “Marcos/Michael/M”
Pedro J. Zaragoza-Colón
Liset Ortiz, a/k/a/ “Lisy/La Colorá”
Joel Vargas-Torres, a/k/a “Joel El Pato/Joy”
Raúl M. Vargas-Morales, a/k/a “Raulito”
Josué M. Reyes-Vélez, a/k/a “Tres Pesetas”
José A. Lamboy-Cardona, a/k/a “Jochy”
Elizabeth Cardona-Valle, a/k/a “Lisa”
Carlos Y. rosario-Rosado, a/k/a “Onil”
Juan Valentín-Cruz, a/k/a “Pipa”
Carlos J. Marín-Maldonado, a/k/a “Chino”
Assistant U.S. Attorney Enrique Silva and Special Assistant U.S. Attorney Cristina Caraballo-Colón from the Puerto Rico Department of Justice are in charge of the prosecution of the case. If convicted the defendants face a minimum sentence of 10 years, and up to life in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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21 April 2021
Woodbridge Man Sentenced to More Than 11 Years in Federal Prison for Drug-Related RobberyRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that RONALD CHRISTOPHER SPEAR-ZULETA, also known as “Chris,” 47, of Woodbridge, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 135 months of imprisonment, followed by three years of supervised release, for his role in a drug-related robbery.
According to court documents and statements made in court, Spear-Zuleta, his wife, Aninha Spear-Zuleta, and Maritza Torres robbed an associate of Chris Spear-Zuleta, who Chris Spear-Zuleta claimed owed him money in relation to narcotics transactions. On November 28, 2017, Aninha Spear-Zuleta invited the associate’s girlfriend to the Spear-Zuleta’s Woodbridge residence, where Chris Spear-Zuleta physically assaulted the girlfriend. At Chris Spear-Zuleta’s instruction, Aninha Spear-Zuleta and Torres then transported the girlfriend to a residence she shared with the associate in Milford, where Aninha Spear-Zuleta and Torres stole several items, including cash, a firearm and several items of expensive clothing.
On April 4, 2018, Chris Spear-Zuleta’s associate was shot to death in front of Spear-Zuleta’s residence. The homicide investigation is ongoing.
Spear-Zuleta was arrested in San Francisco on December 22, 2018, where he had been living and travelling under a variety of false identities. He has been detained since his arrest.
Spear-Zuleta’s criminal history includes convictions for drug offenses and multiple assault offenses, including assaults involving a firearm, an assault on a law enforcement officer, and an assault on state personnel while he was incarcerated for a prior offense.
On September 11, 2019, Chris Spear-Zuleta pleaded guilty to one count of Hobbs Act robbery. Aninha Spear-Zuleta and Maritza Torres pleaded guilty to related charges and are scheduled to be sentenced on April 22 and 23, respectively.
This matter has been investigated by Federal Bureau of Investigation, Connecticut State Police and Woodbridge Police Department. The case is being prosecuted by Acting U.S. Attorney Boyle and Assistant U.S. Attorney Joseph Vizcarrondo.
Water Management Company Sentenced to Pay $2 Million in Fines for Clean Air Act ViolationsRead the Press Release
WILLIAMSPORT – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 20, 2021, United States District Judge Matthew W. Brann sentenced Rockwater Northeast LLC to pay $2 million in fines and $12,400 in special assessments for violating the Clean Air Act.
According to Acting United States Attorney Bruce D. Brandler, Rockwater Northeast LLC, a Pennsylvania-based company that provides water management services to companies in the oil and gas industry, pleaded guilty to an information charging 31 counts of violating the Clean Air Act. The information charged Rockwater Northeast LLC with tampering with the emissions systems on 31 heavy-duty diesel trucks owned by the company, and installing “defeat devices” that disabled emissions diagnostic systems on the trucks. Rockwater Northeast LLC also is alleged to have caused the trucks to pass annual vehicle safety inspections by the Department of Transportation (DOT), despite the modified emissions systems.
Separately, Select Energy Services, Inc., a Texas-based company and the successor in interest to Rockwater Energy Solutions, Inc., parent company of Rockwater Northeast LLC, entered a three-year non-prosecution agreement with the United States. The agreement resolves Clean Air Act violations for modified emissions systems on 29 additional heavy-duty diesel trucks that were owned by Rockwater Energy Solutions, Inc. Select Energy Services, Inc. paid an additional $2.3 million in monetary penalties pursuant to the terms of a non-prosecution agreement.
Select Energy Services, Inc. has cooperated with the investigation since its acquisition of Rockwater Energy Solutions, Inc. in 2017. Under the terms of the non-prosecution agreement, Select Energy Services, Inc. agreed to continue cooperating with the government, and implemented an environmental compliance program designed to prevent future Clean Air Act violations. Select Energy Services, Inc. also commenced conducting annual audits during the three-year term of the agreement, to ensure Clean Air Act compliance.
Six individuals have been prosecuted in connection with this investigation; four of whom are current or former employees of Rockwater Northeast LLC, and two of whom are former third-party vendors of Rockwater Northeast LLC. All six individuals pleaded guilty to conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and DOT, and to violate the Clean Air Act:
- Brian Mellot, of Cumberland, Maryland, was sentenced to six months’ imprisonment and one year of supervised release;
- Gavin Rexer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
- Dennis Paulhamus of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing;
- Joseph Powell of Hickory, Pennsylvania, pleaded guilty and is awaiting sentencing;
- John Joseph of Canonsburg, Pennsylvania, pleaded guilty and is awaiting sentencing; and
- Timothy Sweitzer of Jersey Shore, Pennsylvania, pleaded guilty and is awaiting sentencing.
The matter was investigated by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, with the assistance of the Pennsylvania State Police and other law enforcement agencies. Assistant United States Attorneys Phillip J. Caraballo and Sean Camoni, and Special Assistant United States Attorney Patricia C. Miller prosecuted the case.
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U.S. Supreme Court Justice Sotomayor and Puerto Rico Supreme Court Chief Justice Maite Oronoz Address Latin American Judges at Justice Department’s Judicial Studies InstituteRead the Press Release
U.S. Supreme Court Justice Sonia Sotomayor and Puerto Rico Supreme Court Chief Justice Maite Oronoz today addressed over 157 judges from Argentina, Colombia, Costa Rica, Ecuador, El Salvador, Dominican Republic, Guatemala, Honduras, Mexico, Panama and Peru as part of a Department of Justice training program for the judiciaries of the Western Hemisphere.
During the virtual event held at the Judicial Studies Institute (JSI), Justice Sotomayor discussed the role of the judge and judicial independence. She also stressed the importance of their contribution to the rule of law in the hemisphere and lauded them for their role in the transformation of Latin American justice.
Chief Justice Maite Oronoz spoke about transparency, accountability and education as mechanisms to protect and strengthen judicial independence. She also encouraged the judges to participate in education initiatives to promote a better understanding of the role of the courts and therefore increase public confidence in the judiciary.
With the support of Justice Sotomayor, and in partnership with the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the Justice Department’s Office of Prosecutorial Development, Assistance and Training (OPDAT) launched JSI in 2012 as a response to the wave of justice sector reforms in Latin America that saw many countries transition from an inquisitorial to an adversarial system of justice. Through Spanish instruction, practical exercises, and observations of courtroom proceedings, participating judges learned about evidentiary guidelines, the role of judges, and courtroom management in an adversarial justice system.
This capacity building is critical to the region as there are significant differences between the two systems. For example, in an inquisitorial system, judges investigate charges and determine guilt through written deliberations behind closed doors. In an adversarial system, the judge acts as an impartial referee responsible for weighing evidence and guaranteeing the rights of both the victim and the accused in an open courtroom setting.
Since establishing JSI in 2012, OPDAT and its partners at the University of Puerto Rico and Inter-American University law schools have trained over 900 Latin American judges.
Please visit https://www.supremecourt.gov/ for more information about the U.S. Supreme Court and https://www.justice.gov/criminal-opdat for more information about OPDAT’s capacity building efforts around the world.
U.S. Attorney’s Office Commemorates National Crime Victims’ Rights WeekRead the Press Release
SHREVEPORT/LAFAYETTE/ALEXANDRIA/MONROE/LAKE CHARLES, La. - Acting United States Attorney Alexander C. Van Hook joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections, and services this week. This year is the 40th anniversary of the observance and will be celebrated April 18-24, 2021. The theme is: “Support Victims. Build Trust. Engage Communities.”
“Crime has affected many of us, whether individually or through a family member, friend, or neighbor,” Van Hook stated. “Our office remains steadfast in our commitment to seek justice for victims of crime by prosecuting those who have victimized others and to provide support for crime victims throughout the legal process. This week is a great reminder to each of us to celebrate, honor and support those who have suffered as victims of crime.”
National Crime Victims’ Rights Week is a time to renew our commitment to serving victims of crime, acknowledge achievements made in the victim services field, and remember crime victims and survivors. During the week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory.
Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.
Each year, the National Crime Victims’ Service Awards Ceremony is held to honor individuals, teams, and organizations for their vision, action, and leadership on behalf of crime victims. This year’s ceremony will be held virtually on Friday, April 23, 2021 from 3:00-4:30 p.m. EST. Visit https://ovc.ojp.gov/news/announcement/its-national-crime-victims-rights-week to learn more about this year’s ceremony and other activities offered this week.
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U.S. Attorney's Office Joins in Recognizing 40th Annual National Crime Victims' Rights Week, April 18-24, 2021Read the Press Release
PORTLAND, Ore.—Every April, the Justice Department’s Office for Victims of Crime (OVC) leads communities across the country in observing National Crime Victims’ Rights Week (NCVRW) to honor crime victims, promote their rights and recognize victim advocates. This year’s observance, the 40th annual commemoration, takes place April 18-24, 2021 with the theme: Support Victims | Build Trust | Engage Communities.
The U.S. Attorney’s Office joins its federal, state, local and tribal law enforcement partners in taking this opportunity to highlight the importance of providing necessary services at the earliest possible stage of victimization and litigation. Early intervention helps prevent further victimization and encourages victim involvement in the criminal justice system, mitigating the cycle of violence and restoring hope for the future.
“Protecting victims’ rights in all phases of the federal judicial process is a top priority for the U.S. Attorney’s Office. National Crime Victims’ Rights Week affords us the opportunity to reaffirm our ongoing commitment to crime victims,” said Acting U.S. Attorney Scott Erik Asphaug. “The courage victims show every day in courtrooms across the country motivates all of us in law enforcement to continue vigorously advocating on their behalf.”
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local, and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
OVC and the U.S. Attorney’s Office encourages widespread participation in the week’s virtual events and in other victim-related observances throughout the year. For additional information about this year’s National Crime Victims’ Rights Week and how to assist victims in your community, please visit OVC’s website at www.ovc.gov. For ongoing updates from OVC and ideas throughout the year on how you can support victims, please subscribe to OVC’s email notifications at https://ovc.ncjrs.gov/ncvrw/subscribe/.
If you or someone you know are in immediate danger, please call 911. If you believe you’ve been the target or victim of a crime, please contact your local law enforcement agency or your nearest FBI field office immediately. The FBI Portland Field Office can be reached at (503) 224-4181 or by submitting tips online at tips.fbi.gov.
U.S. Attorney's Office Joins Law Enforcement Partners, Advocates and Family Members for 40th Annual National Crime Victims' Rights Week CeremonyRead the Press Release
PROVIDENCE, RI – In commemoration of the 40th annual National Crime Victims’ Rights Week, Attorney General Peter F. Neronha, joined by Deputy Criminal Chief Lee H. Vilker, United States Attorney’s Office; General Treasurer Seth Magaziner; Colonel James M. Manni, Superintendent of State Police and Director of Public Safety; Colonel Hugh T. Clements, Providence Chief of Police, gathered in Memorial Park in Providence to honor the strength and resiliency of victims and victim service providers.
“Our Victim Services team is truly part of the backbone of our office,” said Attorney General Neronha. “Throughout the pandemic, while victim service providers have grappled with strained resources and formidable barriers to victim outreach, they have continued, along with advocates from around the state, to work with victims to achieve justice on their behalf.”
Myra Latimer and Diana Garlington, both mothers of homicide victims, courageously shared their personal stories at the ceremony.
Diana Garlington stepped into her role as an activist when her daughter Esscence lost her life to gun violence at the age of 21. Since then, Diana has worked to educate the public on gang violence and gun safety. Her daughter’s killing remains unsolved.
Myra Latimer lost her son Steven to gun violence in 2011. In the years since, she has directed her grief to create positive change, establishing the Steven K. Latimer Memorial Foundation, which raises money for kids who have lost a parent or loved one to violence.
In February 2021, a Boston man was indicted for Steven Latimer’s murder.
“I remember when Myra Latimer was here with us two years ago, in this very spot, being honored for her advocacy work. At that time, we had not yet seen the beginnings of justice for Steven Latimer,” said Attorney General Neronha. “I am grateful today that we are now on the road to justice for Myra and Steven, thanks to the work of the Providence Police Department and members of our office.”
State officials and law enforcement leaders provided words of support in recognition of victims and victim service providers.
“Each year we gather in springtime to renew and recommit our support to victims of crime, to build trust, and to engage our community,” said Acting United States Attorney Richard B. Myrus. “Now more than ever, when so many people are feeling isolated and alone, and at a time when resources are harder to come by, we must marshal our collective resources and our voices to ensure that not a single crime victim’s voice goes unheard and that not a single crime victim goes without access to critical support services.”
“The impacts of crime are often costly, and victims shouldn’t be made to carry that financial burden,” said Treasurer Magaziner. “Our office's Crime Victim’s Compensation Program assisted over 1,000 Rhode Islanders during 2020 in paying medical bills, legal fees, meeting relocation costs and getting through a difficult time in their lives. If you or someone you know has suffered a crime and need assistance, my office is here for you at RICVCP.com.”
“The 40th Anniversary of National Crime Victims’ Right Week reinforces our commitment to victims of physical, emotional, and financial crimes,” said Colonel Manni. “Earlier this year, the Rhode Island State Police established a Special Victims Unit with specially trained members assigned to investigate sexual assault, domestic violence, along with crimes against children and other vulnerable populations. These crimes traumatize not only victims but also their friends and family. This week, we honor those who have been impacted by crime and remember those who have lost their lives to criminal acts.”
“Today in Rhode Island we recognize and salute the countless victims of crime throughout the past year,” said Colonel Clements. “Every day, along with our Victim Advocates, we strive to get individuals to a new and better place in their lives with the support and services they desperately need.”
Since 1981, National Crime Victims’ Rights Week (NCVRW) has been a time to renew our commitment to serving all victims of crime, to acknowledge the achievements in victim services and allied professions, to honor those who have gone above and beyond in their service to others, and to remember crime victims and survivors.
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Two Montana nurse practitioners admit telemedicine scheme to defraud Medicare of more than $18 millionRead the Press Release
GREAT FALLS—Two nurse practitioners in Montana this week admitted charges that they conspired to defraud Medicare of millions of dollars in a scheme in which they received money to sign fraudulent orders for orthotic braces, Acting U.S. Attorney Leif Johnson said today.
Janae Nichole Harper, 34, of Kalispell, pleaded guilty today to conspiracy to commit health care fraud. Harper was a licensed nurse practitioner in Montana, Missouri, Nevada, South Carolina and Wyoming and was enrolled as a medical provider with Medicare.
Mark Allen Hill, 54, of Edinburg, North Dakota, and whose address of record for participation in the Medicare program was in Cut Bank, Montana, pleaded guilty on April 20 to conspiracy to commit health care fraud. Hill was a licensed nurse practitioner in Montana, Iowa, Maine, Minnesota, North Dakota, South Dakota and Washington.
Hill and Harper each face a maximum 10 years in prison and a $250,000 fine.
Chief U.S. District Judge Brian M. Morris presided.
Chief Judge Morris set sentencing for both Harper and Hill for July 27 and continued their release.
Harper and Hill were among those indicted in a historic national health care fraud and opioid enforcement action announced by the U.S. Department of Justice on Sept. 30, 2020. The enforcement action involved 345 charged defendants across 51 federal districts, including more than 100 doctors, nurses and other licensed medical professionals.
These defendants were charged with submitting more than $6 billion in false and fraudulent claims to federal health care programs and private insurers, including more than $4.5 billion connected to telemedicine. Telemedicine uses telecommunications to provide health care services remotely.
In court documents filed in Harper’s case, the government alleged that from Nov. 18, 2017 through July 16, 2019, Harper worked with certain staffing and telemedicine companies to commit health care fraud and received money to sign brace orders that were prepared by telemarketers who had no medical training or certification. Harper routinely signed these orders for Medicare beneficiaries regardless of medical necessity. Harper signed approximately 7,673 brace orders, which resulted in $8,259,849 billed to Medicare, of which Medicare paid approximately $4,307,934. Harper was paid at least $94,395 for the orders she signed.
In court documents filed in Hill’s case, the government alleged that from Oct. 15, 2017 to April 24, 2019, Hill worked with certain staffing and telemedicine companies to commit health care fraud and received money to sign unnecessary brace orders for Medicare beneficiaries regardless of medical necessity, often without ever talking to the Medicare beneficiary to determine whether the braces were medically necessary. Hill signed approximately 7,097 brace orders, which resulted in $10,055,436 billed to Medicare, of which Medicare paid approximately $5,054,866. Hill was paid at least $124,900 for the orders he signed.
The case is being prosecuted by Assistant U.S. Attorney Michael A. Kakuk and Darren Halverson, Trial Attorney, and Robyn Pullio, former Trial Attorney, Fraud Section, Criminal Division of the Justice Department.
The enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit, in conjunction with its Health Care Fraud and Appalachian Regional Prescription Opioid (ARPO) Strike Force program, and its core partners, the U.S. Attorneys’ Offices, HHS-OIG, FBI, and DEA, as part of the department’s ongoing efforts to combat the devastating effects of health care fraud and the opioid epidemic.
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St. Charles man pleads guilty to multiple counts of drug distributionRead the Press Release
ST. LOUIS – Nicholas Trueblood, 26, of St. Charles, Missouri, pleaded guilty to four counts of possession with the intent to distribute fentanyl, heroin and methamphetamine. Trueblood appeared today before United States District Judge Ronnie L. White.
Trueblood and his co-defendant were primarily distributing narcotics in the St. Charles County area. They were arrested and charged after selling narcotics to an undercover detective with the St. Charles County Regional Task Force.
In total, Trueblood admitted to possessing with the intent to distribute more than 30 grams of methamphetamine, more than six grams of heroin and more than four grams of fentanyl.
Judge White has set sentencing for July 22, 2021.
The Drug Enforcement Administration and St. Charles County Regional Task Force investigated the case. Assistant United States Attorney Paul D’Agrosa is handling the case.
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Somerset County Man Indicted for Narcotics Offenses and Money LaunderingRead the Press Release
NEWARK, N.J. – A Somerset County, New Jersey, man was indicted today for his role in a large-scale heroin trafficking operation that involved the movement of large sums of money, Acting U.S. Attorney Rachael A. Honig announced.
William T. Bouza, 46, of Watchung, New Jersey, is charged by indictment with one count of conspiracy to distribute heroin and fentanyl, two counts of possession with intent to distribute controlled substances, and one count of conspiracy to commit money laundering. Bouza was previously charged by complaint. He will be arraigned on a date to be determined.
According to documents filed in this case and statements made in court:
In February 2019, Bouza arranged for a vehicle equipped with a secret compartment, or “trap,” containing 15 kilograms of heroin, to be shipped from California to a location in Union County, New Jersey. Law enforcement officers intercepted the vehicle, seized the narcotics, and arranged for a controlled delivery. They observed Bouza enter the area, but he departed prior to taking possession of the vehicle. In October 2019, law enforcement officers determined that Bouza was storing and processing narcotics for street-level distribution at multiple locations in Essex County. They approached Bouza, who fled in a motor vehicle. He was apprehended approximately one week later. Law enforcement officers subsequently discovered approximately 1,000 packages, or “bricks” of heroin, each containing approximately 50 individual doses, in one of Bouza’s stash houses. Lab testing confirmed the presence of fentanyl in a portion of these items. The investigation also revealed that Bouza was in possession of approximately $400,000 in cash and was responsible for the illicit transfer of well over $800,000 in narcotics proceeds.
The controlled substances offenses carry a maximum penalty of life imprisonment, a mandatory minimum term of 10 years in prison and a $10 million fine. The money laundering offense carries a maximum penalty of 20 years in prison.
Acting U.S. Attorney Honig credited law enforcement officers with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to the indictment.
The government is represented by Assistant United States Attorney Shawn Barnes of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Saturday, April 24th is National Prescription Drug Take Back DayRead the Press Release
On April 24th, the U.S. Drug Enforcement Administration will again conduct one of its most popular community prevention programs: National Prescription Drug Take Back Day. Between 10 a.m. and 2 p.m. this Saturday, the public can dispose of their expired, unused, and unwanted prescription medications at over 55 locations throughout Vermont, which will be operated by local law enforcement agencies and other community partners. Most collection sites can be found in the lobby of your local Police Department. To find a collection site near you and to learn more, visit www.deatakeback.com or call 1-800-882-9539. The service is free of charge; no questions asked.
The last Prescription Drug Take Back Day resulted in the collection of almost 5,000 pounds of unwanted, expired, unused prescription drugs and electronic vaping devices/cartridges throughout Vermont. The DEA and its partners collected over 57 tons throughout New England.
Acting United States Attorney Jonathan A. Ophardt stressed the importance of properly disposing of expired, unused, and unwanted prescription medications. “In 2020, 158 Vermont residents died of opioid overdose, a 38% increase from 2019. Over 25% of opioid overdose deaths in 2020 involved prescription opioids, and 11% involved prescription stimulants. Unused medication, especially highly addictive prescription opioids, are vulnerable to diversion, misuse, and abuse. By properly disposing of unused prescription drugs, every Vermonter can help keep our communities safe. I thank the DEA and all our partners in coordinating this important effort.”
Riverside County Man Charged in COVID-Relief Fraud SchemeRead the Press Release
LOS ANGELES – Federal authorities this morning arrested a Temecula man on federal fraud charges that allege he stole hundreds of thousands of dollars from the Paycheck Protection Program (PPP) after obtaining more than $7 million in PPP loan funds on behalf of his company that purports to repair potholes.
Oumar Sissoko, 59, was arrested pursuant to a four-count wire fraud indictment that was returned by a federal grand jury on April 13. Sissoko is expected to be arraigned on the indictment Thursday afternoon in United States District Court in Riverside.
According to the indictment, Sissoko obtained a $7.25 million loan for his company, Road Doctor California LLC, after submitting a PPP loan application in April 2020 claiming that Road Doctor was in the process of hiring 450 full-time employees and would have average monthly payroll expenses of $2.9 million. When he applied for the loan, Sissoko acknowledged the funds would be used to retain workers and maintain payroll, or make mortgage interest payments, lease payments and utility payments.
In the days after the PPP loan was funded on May 1, 2020, Sissoko allegedly misappropriated hundreds of thousands of dollars of the loan proceeds to use for impermissible purposes, including purchasing a luxury car for more than $100,000, paying off a loan on a different luxury car, and buying a computer for almost $6,000. “The impermissible uses also included a non-refundable down payment of approximately $100,000 to purchase a company located in New Hampshire, and the attempted transmission of approximately $150,000” to accounts in the African nation of Mauritania associated with a minerals exploration company for which Sissoko purports to serve as CEO, the indictment alleges.
If convicted, Sissoko would face a maximum penalty of 20 years in prison for each of the four counts in the indictment. A federal district court judge will determine any sentence after considering the United States Sentencing Guidelines and other statutory factors.
The arrest of Sissoko was announced by Acting U.S. Attorney Tracy L. Wilkison, Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Assistant Director in Charge Kristi K. Johnson of the FBI’s Los Angeles Field Office, Special Agent in Charge Weston King of the U.S. Small Business Administration’s Office of Inspector General’s Western Region, and Special Agent in Charge Wade V. Walters of the San Francisco Regional Office of the Federal Deposit Insurance Corporation’s Office of Inspector General.
Assistant United States Attorney Alexander C.K. Wyman of the Major Frauds Section and DOJ Trial Attorney John “Fritz” Scanlon of the Criminal Division’s Fraud Section are prosecuting this case. Assistant United States Attorney Jonathan S. Galatzan of the Asset Forfeiture Section is providing substantial assistance, including the seizure of two luxury automobiles allegedly purchased with PPP loan funds.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, and is designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
Anyone with general information about allegations of attempted fraud involving COVID-19 can report it by calling the Justice Department’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Reston Man Sentenced for Distributing Fentanyl That Caused Fatal OverdoseRead the Press Release
ALEXANDRIA, Va. – A Reston man was sentenced today to 12 years in prison for selling fentanyl to an individual who later suffered a fatal overdose.
“The defendant’s fentanyl trafficking significantly endangered our communities and caused victim N.G. to suffer a tragic overdose,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “While no prosecution can bring victim N.G. back to his family and loved ones, we hope that this case has brought some measure of peace and closure to them, all of whom deserve justice and healing for their devastating loss.”
According to court documents, Peter Andrew Romm, 36, regularly traveled to Baltimore to buy heroin and fentanyl, which he then sold to customers in Northern Virginia. Romm sold the drugs in two forms: enclosed in small plastic capsules and folded in small slips of paper.
Romm’s customers included an individual identified in court documents as N.G. On October 7, 2019, Romm sold fentanyl to N.G. through a middleman, Tyler Huston. N.G. later consumed the fentanyl and fatally overdosed; he was found dead in his home the next morning. The Office of the Chief Medical Examiner determined that the cause of N.G.’s death was acute fentanyl poisoning. Text messages recovered from N.G.’s phone indicate that Huston had nonfatally overdosed on drugs obtained from Romm prior to the transaction that resulted in N.G.’s death.
As recently as February 2020, Romm was traveling to Baltimore regularly to buy fentanyl, sometimes with his girlfriend and co-conspirator, Donnetta Ferguson, who aided him in distributing narcotics. On February 11, 2020, Romm was arrested on his way back from Baltimore in possession of approximately 75 capsules of fentanyl. During a post-arrest interview with law enforcement, Romm admitted to selling fentanyl in Northern Virginia, including to N.G. through a middleman. Despite being informed by law enforcement during this interview that N.G. had died of a drug overdose, Romm was arrested again eight days later, along with Ferguson, on his way back from Baltimore with another 72 capsules of fentanyl in his vehicle.
On November 4, 2020, Romm pleaded guilty to one count of conspiracy to distribute one kilogram or more of heroin and 400 grams or more of fentanyl, and one count of distribution of fentanyl. As part of his plea agreement, Romm admitted that the fentanyl he distributed caused N.G.’s death. Tyler Huston and Donnetta Ferguson also pleaded guilty to charges relating to their roles in the conspiracy.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Attorney General of Virginia; and David M. Rohrer, Fairfax County Interim Chief of Police and Deputy County Executive for Public Safety, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga.
Assistant U.S. Attorney Katherine E. Rumbaugh and former Special Assistant U.S. Attorney Karolina Klyuchnikova prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-176.
Readout of Deputy Attorney General Lisa O. Monaco's First DayRead the Press Release
Today, Lisa O. Monaco was sworn in as the 39th Deputy Attorney General (DAG) of the United States. She returns to the Department of Justice where she first arrived as an intern 26 years ago, and went on to hold a variety of leadership roles at both the Department and the FBI. DAG Monaco held a series of meetings with DOJ staff and received briefings on the January 6th Capitol Attack investigation and on national security. In an all hands meeting with her immediate staff, DAG Monaco reiterated her commitment to reaffirming the Department’s foundational mission and core values, pursuing the Constitution’s promise of equal justice, and ensuring the safety of all who call America home. Late in the day she sent an email to the DOJ workforce thanking them for their dedication, and conveying how honored she is to serve alongside them.
She is pictured here looking on as Attorney General Merrick Garland delivers remarks at her swearing in ceremony.
Queens Pharmacy Owner Pleads Guilty to Health Care FraudRead the Press Release
BROOKLYN, NY – Earlier today, in federal court in Brooklyn, Aleah Mohammed pleaded guilty before United States District Judge Eric N. Vitaliano to mail fraud, health care fraud, and conspiracy to commit health care fraud stemming from multiple schemes to defraud health care programs, including obtaining more than $6.5 million from Medicare Part D Plans and Medicaid drug plans. When sentenced, the defendant faces up to 40 years’ imprisonment. As part of her plea agreement, Mohammed has agreed to forfeit $5.1 million and pay over $6.5 million in restitution.
Mark. J. Lesko, Acting United States Attorney for the Eastern District of New York; Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division; William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); announced the guilty plea.
“With today’s guilty plea, Mohammed is held accountable for stealing millions of dollars from the taxpayer-funded Medicare and Medicaid programs to line her own pockets,” stated Acting U.S. Attorney Lesko. “This Office and our law enforcement partners are committed to safeguarding these vital health care programs and recovering ill-gotten proceeds from corrupt healthcare operators.”
“In attempting to finance a lavish lifestyle, Mohammed stole millions of dollars intended to provide medical and health services to the elder population, individuals with disabilities, and other HHS beneficiaries,” stated HHS-OIG Special Agent-in-Charge Lampert. “HHS-OIG, in collaboration with our law enforcement partners, is boldly committed to investigating illegal acts that target Federal health care programs and bringing the fraudsters to justice.”
According to court filings, Mohammed, 36, of Queens, New York, was an owner and operator of Superdrugs Inc., Superdrugs I Inc., Superdrugs II Inc., S&A Superdrugs II Inc. and Village Stardrugs Inc. From approximately May 2015 to January 2018 and December 2018 to March 2020, Mohammed submitted fraudulent claims to Medicare and Medicaid, for reimbursement for prescription drugs that were not dispensed, prescribed as claimed, or medically necessary, or that were purportedly dispensed during a time when Village Stardrugs was no longer registered with the State of New York. The fraudulent claims included claims for prescription drugs for the treatment of the human immunodeficiency virus (HIV). Mohammed used the proceeds of the scheme, among other things, to purchase luxury items such a Porsche and jewelry.
The FBI and HHS-OIG are investigating the case, which was brought as part of the Medicare Fraud Strike Force under the supervision by the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. Trial Attorney Andrew Estes of the Fraud Section is in charge of the prosecution.
The Defendant:
ALEAH MOHAMMED
Age: 36
Queens, New YorkE.D.N.Y Docket Nos: 18-CR-509 and 20-CR-581 (ENV)
Provincetown Man Pleads Guilty to Child Pornography OffensesRead the Press Release
BOSTON – A Provincetown man pleaded guilty yesterday in federal court in Boston to distribution, receipt and possession of child pornography.
Kerry Adams, 61, pleaded guilty to one count each of distribution, receipt and possession of child pornography. U.S. District Court Judge Patti B. Saris scheduled sentencing for July 22, 2021. In October 2019, Adams was arrested and charged by criminal complaint.
Over the course of several months in 2019, investigators engaged in a covert investigation of individuals using peer-to-peer networks for the trafficking of child pornography. In the course of that investigation, agents downloaded child pornography files on four occasions from the same computer, which was traced to Adams’s residence. On Oct. 17, 2019, investigators seized multiple devices, including laptops, thumb drives and SD cards from Adams’s residence. During the on-scene forensic review of a laptop, investigators located files containing child pornography in folders associated with peer-to-peer software installed on the computer, including the files that the undercover investigator had downloaded directly from Adams’s computer. Subsequent forensic analysis revealed hundreds of child pornography files on Adams’s devices.
The charging statutes provide for sentences of up to 20 years in prison, with a mandatory minimum term of five years on convictions for distribution and receipt of child pornography, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Frederick J. Regan, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement. Valuable assistance was provided by Provincetown Police Department. Assistant U.S. Attorneys Lindsey E. Weinstein, of Mendell’s Criminal Division, and Anne Paruti, Mendell’s Project Safe Childhood Coordinator and Deputy Chief of the Major Crimes Unit, are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Providence Man Detained After Accepting Cocaine ShipmentRead the Press Release
PROVIDENCE – A Dominican national living in Providence was arrested on Monday on a federal drug trafficking charge shortly after he allegedly retrieved a package from a Providence Post Office that contained more than two kilograms of cocaine shipped from Puerto Rico.
According to court documents, on April 15, 2021, Postal Service employees intercepted a heavily taped package shipped from Puerto Rico to a Providence residence. The packaging resembled packages law enforcement previously intercepted that were packaged in a way to avoid K-9 detection from the odor of controlled substances. Additionally, postal workers were unable to associate a “Jose A azcona” at the shipping address.
According to court documents, on April 15, shortly after a Postal Service employee attempted to make a controlled delivery of the package to the address on the package, the postal worker was approached by an individual claiming to be a relative of the addressee. The person claimed the package contained medication for his relative and requested to take custody of it. The individual was informed that the addressee would have to inquire about a redelivery and personally claim the package.
After a series of telephone calls to the Post Office, on April 17, a person claiming to be “Jose Azcona,” and another person, went to the Elmwood Post Office attempting to claim the package, but were told they would have to contact the redelivery unit. On April 19, having contacted the redelivery unit, “ Jose Azcona” was told he could retrieve the package at the main Post Office in Providence. In the meantime, a court-authorized search revealed the package contained approximately 2.22 kilograms of cocaine. “Jose Azcona,” accompanied by the second person, retrieved the package, and was detained by law enforcement in the parking lot.
Following his arrest, law enforcement determined that “Jose Azcona” was actually 37-year-old Robinson Padilla-Rosario. He was found to be carrying a Rhode Island driver’s license depicting his photograph and the name Jose A. Azcona, and a home address being the same address to which the package containing the cocaine was mailed. The driver’s license number on the license seized by law enforcement is assigned to another person with a North Providence address.
While reviewing Padilla-Rosario’s cell phone, it was discovered that he was using an online app to communicate with a person in Puerto Rico. Included in the communication was an image of the Postal Service redelivery slip for the package containing the cocaine.
Padilla-Rosario appeared in U.S. District Court on Tuesday and was ordered detained, charged by way of a federal criminal complaint with possession with intent to distribute cocaine and using a communication facility to facilitate a drug felony, announced Acting United States Attorney Richard B. Myrus, Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, and Superintendent of the Rhode Island State Police Colonel James M. Manni.
According to court documents, Padilla-Rosario was issued a voluntary return to the Dominican Republic on February 15, 2004, after being encountered by Border Patrol in Aguadilla, Puerto Rico.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
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Prolific Document Counterfeiter from Montgomery County Sentenced to over Two Years in PrisonRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Danial Gomez-Velazquillo, 34, of Norristown, PA, was sentenced to two years and three months in prison, three years of supervised release by United States District Judge R. Barclay Surrick for producing unlawful and counterfeit federal documents, including Social Security Administration and Alien Registration cards.
In March 2020, the defendant pleaded guilty to six counts of unlawful production of identification documents, six counts of sale of Social Security cards (which utilized the social security numbers of five living victims and one deceased victim), and five counts of sale of alien registration cards. According to court documents, Gomez-Velazquillo was a mass producer of high-quality counterfeit documents, including social security cards and alien registration documents, so much so that he earned the nickname, “Photo Guy.” Evidence gathered in the investigation of the case indicated that the defendant produced over 7,000 separate identification documents.
“When we prosecute a fraudster for stealing personal identification information, we recognize that each nine-digit social security number is an American citizen,” said Acting U.S. Williams. “Social security cards and other identification documents have become critical in modern society to confirm individuals’ identities for a wide range of purposes, and those who commit these offenses can cause lifelong harm to the victims. We will continue to prioritize aggressive prosecution of these cases.”
“Homeland Security Investigations has been at the forefront of investigating fraud schemes,” said Brian A. Michael, Special Agent in Charge for Homeland Security Investigations Philadelphia. “Together with our law enforcement partners we remain steadfast in our pursuit to safeguard the public and hold accountable fraudsters like the defendant, who profit from the production of unlawful and counterfeit federal documents.”
The case was investigated by Homeland Security Investigations and the Social Security Administration- Office of the Inspector General, and is being prosecuted by Special Assistant United States Attorney Megan Curran.
Pittsburgh Man Charged with Possessing Material Depicting the Sexual Exploitation of MinorsRead the Press Release
PITTSBURGH – One resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named David Stanton, age 53, as the sole defendant.
According to the Indictment, on March 5, 2021, Stanton knowingly possessed visual depictions, namely, videos in computer graphic and digital files, the production of which involved the use of minors engaging in sexually explicit conduct.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine not to exceed $250,000.00, a term of supervised release of at least five years and up to life, or a combination thereof. 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 Benjamin J. Risacher is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.