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Thursday 25 February 2021
Union City Man Pleads to Child Porn ChargeRead the Press Release
ERIE, Pa. - A resident of Union City, Pennsylvania waived indictment and pleaded guilty in federal court to a charge of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
Matthew Swanson, 30, 9988 Elgin Road, Union City, Pennsylvania, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that in and around August 2020, Swanson possessed computer images depicting prepubescent minors engaging in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Judge Cercone scheduled sentencing for July 12, 2021 at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Swanson on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Swanson.
U.S. Attorney’s Office Announces 37 People Indicted in Large-Scale Meth Trafficking Network in Operation Say UncleRead the Press Release
United States Attorney Ron Parsons announced that 37 people have been federally indicted as part of OCDETF Operation Say Uncle. OCDETF stands for Organized Crime Drug Enforcement Task Forces, which is a “keystone of the Attorney General’s strategy to reduce the availability of illicit narcotics throughout the United States using a prosecutor-led, multi-agency approach to combat transnational organized crime.” OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, and transnational criminal organizations.
Federal prosecutors in Rapid City, South Dakota, working cooperatively with law enforcement agencies across the State, federally charged 37 defendants with drug-related offenses, despite the challenges imposed on the criminal justice system and law enforcement officers everywhere by COVID-19. The South Dakota Attorney General’s Office charged nine persons with state offenses as part of the same Operation. The charges allege the defendants conspired with each other to bring multiple pounds of methamphetamine into Western South Dakota beginning in 2019 and continuing into 2020.
Agencies involved in this effort include the South Dakota Division of Criminal Investigation, Drug Enforcement Administration, U.S. Marshals Service, Bureau of Alcohol, Tobacco, and Firearms, Rapid City Police Department, Pennington County Sheriff’s Office, Internal Revenue Service, U.S. Postal Inspection Service, Federal Bureau of Investigation, South Dakota Highway Patrol, Deadwood Police Department, Lawrence County Sheriff’s Office, Spearfish Police Department, Homeland Security Investigations, and Oglala Sioux Tribe Department of Public Safety. Outside of South Dakota, agencies assisted from the Reno County (KS) Drug Enforcement Unit, Billings (MT) Drug Task Force, Wyoming Division of Criminal Investigation, Saint Joe (MO) Drug Task Force, Utah Highway Patrol, Utah State Bureau of Investigation, Greensboro (NC) Drug Task Force, and the Yuba City (CA) NET5 Drug Task Force.
"These indictments are the result of tremendous cooperation and teamwork between all levels of law enforcement in South Dakota," said U.S. Attorney Ron Parsons. "I'm incredibly proud of these dedicated state, local, tribal, and federal officers and agents, and all hands are on deck as we continue to work together to defeat the scourge of illegal drugs that is devastating communities across the State."
“Our partnership with the U.S. Attorney’s office has been incredibly successful in this matter,” said David Natvig, Director of the South Dakota Division of Criminal Investigation. “Their cooperation and assistance have helped all the law enforcement agencies involved to see the fruits of the hard work they put into building this case.”
Those federally charged include: Erick Anaya (30, Archdale, NC); Kelly Barker (67, Rapid City, SD ); Ricardo Barragan (30, Aurora, CO); Christopher Bell (27, Rapid City, SD); Nathan Bellew (39, Hot Springs, SD); Kelley Blevins (42, Box Elder, SD); Robert Brenden (33, Rapid City, SD); Jennifer Cagle (32, Box Elder, SD); Robert Cagle (31, Box Elder, SD); Uzziel Carillo-Rojas (33, Mazatlan, Mexico); Charles Clark (42, Box Elder, SD); Jennifer Clark (41, Box Elder, SD); Mason Colbath (29, Rapid City, SD); Michael Cole (30, Rapid City, SD); Melvin Corbine (43, Rapid City, SD); Justin Coyle (34, Rapid City, SD); Lenin Flores-Herrera (27, Mazatlan, Mexico); Matthew Foster (43, Huron, SD); Luis Gonzalez Meza (42, Tijuana, Mexico); Patrick Greenfield (30, Rapid City, SD); Erin Hunter (35, Rapid City, SD); Rayne Jackson (27, Denver, CO); Stephen Jordan (30, Rapid City, SD); Scott Kallstrom (40, Rapid City, SD); Christina Kruse (23, Sioux Falls, SD); Anthony Larson (40, Rapid City, SD); Delaine Martinez (43, Billings, MT); Michael McLeod (41, Rapid City, SD); Teri Moore (36, Hot Springs, SD); Javier Reyna (56, Oceanside, CA); Tiana Rountree (24, Rapid City, SD); Aynjel Schumacher (26, Rapid City, SD); Martin Shaw (45, Rapid City, SD); Michael Sherard (34, Brooklyn Park, MN); John Thornberry (23, Spearfish, SD); Darwin Toof (30, Box Elder, SD ); and Eric Yockey (35, Black Hawk, SD). All but three of the defendants have been arrested. All arrested defendants are pending trial, with the exceptions of Barker, Bell, Hunter, and Schumacher, each of whom has pleaded guilty. Bell was sentenced on November 16, 2020, to more than 12 years in federal prison. Barker, Hunter, and Schumacher are pending sentencing.
These charges are merely accusations and the defendants are presumed innocent unless and until proven guilty.
The South Dakota Attorney General’s Office has charged Travis Maho, Alex Nimmor, Duane Apple, Keith Laframboise, Orlyn Anderson, Tabitha Range, Chris Luke, Zack Franzen, and Christopher Tomac in connection with this investigation. Those charges, as well, are merely accusations and the defendants are presumed innocent unless and until proven guilty
Finally, Kansas authorities prosecuted co-conspirator Jennie Wallace, who was sentenced to more than 12 years in federal prison.
The case is being prosecuted federally by Assistant U.S. Attorney Kathryn N. Rich. The state charged defendants are being prosecuted by Assistant Attorney General Trevor Thielen.
U.S. Attorney Scott Brady and Pennsylvania Attorney General Josh Shapiro Announce Indictment in Nursing Home InvestigationRead the Press Release
PITTSBURGH – The former administrator of a Mount Lebanon skilled nursing home has been indicted by a federal grand jury in Pittsburgh on charges of conspiracy to defraud the United States, health care fraud and obstruction of a federal audit, United States Attorney Scott W. Brady and Pennsylvania Attorney General Josh Shapiro announced today.
The three-count Indictment, returned on February 24, 2021, named Susan Gilbert, age 60, of Lawrence, Pennsylvania, as the sole defendant.
"These criminal charges represent the first step in holding accountable those who put profit over the health and safety of seniors," said U.S. Attorney Brady. "From 2018-2020, Gilbert and co-conspirators deprived seniors of patient care using inflated nursing hours, falsified timecards and other schemes that they concealed with two sets of records. We will continue to pursue every lead until justice has been achieved for seniors and their families in western Pennsylvania."
"These crimes put facility residents at risk by only providing a dangerously low amount of nursing staff just before COVID began to surge across the country," said AG Shapiro. "By filing these false reports, the facility met minimum staffing levels only on paper — while Pennsylvanians who depended on them to care for their well-being didn’t have enough people to turn to. Our ongoing investigation will hold nursing and long-term care facilities criminally accountable wherever we find evidence someone neglected a resident."
According to the Indictment, from October 10, 2018 through February 20, 2020, Gilbert conspired with others to defraud the United States of money and property by impeding, impairing, obstructing, defeating, and interfering with the lawful governmental functions of the U.S. Department of Health & Human Services in the administration of Medicare and Pennsylvania Medicaid; and committed health care fraud and the obstruction of a federal auditor. The Indictment alleges that Gilbert was the Administrator of a skilled nursing home, Mount Lebanon Rehabilitation and Wellness Center (MLRWC), located in Allegheny County, Pennsylvania. The Indictment further alleges that Gilbert and/or other co-conspirators directed employees of MLRWC to falsify records to give the appearance that the facility met federal and state staffing requirements. MLRWC is part of an ownership structure that owns multiple long-term care facilities in Pennsylvania, including Brighton Rehabilitation and Wellness Center.
In addition, the Indictment alleges several schemes utilized in the conspiracy:
• Gilbert and/or other co-conspirators directed administrative and management-level nursing staff and other employees to "clock in" for shifts but not actually work. In doing so, MLRWC created falsified timecard documentation that made it appear as though these individuals were providing direct resident care, when in fact they were not in the building and therefore not providing direct resident care.
• Gilbert and/or other co-conspirators caused management-level nursing staff to be paid monetary bonuses to "clock in" for shifts they did not actually work.
• Gilbert and/or other co-conspirators directed MLRWC staff not to clock in and out when they left the facility for their 30-minute lunch breaks. In doing so, MLRWC created falsified timecard documentation that made it appear as though these individuals were providing direct resident care during their lunch breaks, even when they were not in the building and not providing direct resident care.
• Gilbert and/or other co-conspirators directed MLRWC staff to include the hours worked by management-level nursing staff and other administrative staff on three-week staffing sheets provided to Department of Health (DOH), when in fact those employees did not provide direct resident care during the dates and hours listed.
• Gilbert and/or other co-conspirators caused administrative staff to keep two sets of books reflecting staffing levels. One book contained accurate information regarding the actual hours nursing staff provided direct resident care while the other contained falsified information that made it appear as though MLRWC had higher staffing levels.
• Gilbert and/or co-conspirators directed administrative staff to provide the falsified staffing documents to DOH investigators during the course of federally mandated inspections to make it appear as though MLRWC met federal and state mandated staffing requirements.
• Gilbert and/or other co-conspirators engaged in the above-described acts in order to make it appear as though the facility was in compliance with the conditions of participation for Medicare and PA Medicaid, including the condition that the facility had "sufficient" nursing staff to meet residents’ needs and that the facility was operating and providing services in compliance with all applicable Federal, State, and local laws, regulations, and codes.
"The FBI and our law enforcement partners will expose and hold accountable those who commit healthcare fraud," said FBI Pittsburgh Special Agent in Charge Michael Christman. "Health care fraud deprives patients of critical health care services and results in billions of dollars in losses that impacts everyone."
"This indictment shows that health care fraud is not a victimless crime. Falsifying records to avoid quality of care requirements can result in substandard, dangerous conditions for nursing home residents and a waste of taxpayer dollars," said Special Agent in Charge Maureen R. Dixon of the Health and Human Services Department Office of Inspector General. "Together with our law enforcement partners, we will continue to investigate such scams and hold accountable bad actors who ignore their responsibilities to patients and the vital programs designed to serve them."
"Today’s indictment is the byproduct of the cooperative efforts of IRS-Criminal Investigation and our law enforcement partners" said Thomas Fattorusso, Special Agent in Charge of IRS-Criminal Investigation. "Regulations governing the administration of nursing homes are put in place for a reason. Any attempt to skirt these regulations can have major consequences."
The law provides for a maximum total sentence of not more than ten 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 offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Robert S. Cessar and Karen Gal-Or are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the U.S. Department of Health & Human Services – Office of Inspector General, the Pennsylvania Office of Attorney General, and the Internal Revenue Service – Criminal 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.
On December 18, 2023, a federal jury acquitted the defendant, Susan Gilbert, of the charged offenses.
Two men charged in a conspiracy to send drug-infused letters to inmates at a federal prison in South CarolinaRead the Press Release
A Northfield, Ohio man made his initial appearance in federal court today after a federal grand jury sitting in Cleveland handed down a six-count indictment alleging that he participated in a conspiracy to send drug-infused letters to federal inmates at the Federal Correctional Institute in Edgefield, South Carolina (FCI Edgefield), in exchange for payments.
The indictment charges Frank GORDON III, age 64, of Northfield and Shawn GILREATH, age 45, a federal inmate at FCI Edgefield, with conspiracy to provide and possess prohibited objects in federal prison; conspiracy to distribute and possess with intent to distribute controlled substances and controlled substance analogues; two counts of distribution of a controlled substance and two counts of distribution of a controlled substance analogue.
GORDON III entered a plea of not guilty to counts 1-6 of the indictment and was released on a $20,000 bond. GILREATH will have his initial appearance on March 23 before Magistrate Judge Thomas M. Parker.
The indictment alleges that GILRTEATH was a federal inmate incarcerated at FCI Edgefield, and from time to time, GORDON III would mail letters infused with controlled substances and controlled substance analogues, such as synthetic cannabinoids, to GILREATH and other inmates at FCI Edgefield in exchange for payments.
The indictment states that once a letter was received, it could be broken down into smaller pieces and ingested or distributed to other inmates.
According to the indictment, from March through December of 2020, GORDON III mailed a series of these drug-infused letters from the Northern District of Ohio addressed to GILREATH and other inmates at FCI Edgefield. Investigators seized and inspected these letters and found that that they contained detectable amounts of controlled substances and analogues. Each letter contained various photographs and bore a return address for GORDON III' s residence in the Northern District of Ohio.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by Northern Ohio Law Enforcement Task Force (NOLETF) and the Bureau of Prisons. Assistance was provided by the Summit County Sheriff’s Office. This case is being prosecuted by Assistant United States Attorney James P. Lewis.
Two Men Plead Guilty to Looting Artifacts from Federal LandRead the Press Release
Two men pleaded guilty this week to illegally excavating approximately 1,500 artifacts from federal land, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Jeffrey Alan Vance, 37, of San Marcos, and Dax Wheatley, 32, of Amarillo, pleaded guilty this week to violating the Archeological Resource Protection Act (ARPA).
“Looting from federal lands will always trigger swift enforcement action,” said Acting U.S. Attorney Prerak Shah. “The Justice Department will not stand for the theft of precious cultural artifacts. We are working aggressively to safeguard our nation’s Native American heritage and root out those who violate the law.”
“The federal law enforcement officers of the Bureau of Land Management and our state archaeologists work tirelessly to protect our nation’s natural and cultural resources,” said Eric A. Kriley Director of the BLM’s Office of Law Enforcement and Security. “I hope the sentences in this case will deter others from illegally collecting and trading in Native American cultural artifacts and other items protected by the Archeological Resources Protection Act of 1979 and the Native American Graves Protection and Repatriation Act. I want to thank the United States Attorney’s Office for their outstanding cooperation and commitment in the prosecution of this case.”
In March 2019, the Bureau of Land Management (BLM) received a tip that an illegal excavation had occurred on a Native American cultural site at the Cross Bar Management Area, just north of Amarillo, Texas. BLM determined that the illegal excavation took place at a site known as 41PT109 – a former homestead of the Antelope Creek Culture, Native Americans who lived in the Texas panhandle between approximately 1200-1500 A.D.
A BLM agent received information that a person, later identified as Mr. Vance, had posted photographs of the illegal excavation on social media. While commenting on the photo, a Facebook user informed Mr. Vance that the area he was “digging in is federal land and Rangers enforce” there. Mr. Vance replied, “I’m not scared of the feds.”
Mr. Wheatley also posted photographs of illegal excavations that he and Mr. Vance conducted at a U.S. Army Corps of Engineers site in Austin, Texas. Mr. Vance posted more information on social media about other dig sites in the Austin, Texas area and the San Marcos, Texas area.
According to plea papers, a search warrant was executed at the homes of both Mr. Vance and Mr. Wheatley in November 2019. Mr. Vance admitted that there were human remains inside his residence and Mr. Wheatly had a photograph of the excavation site 41PT109 taped to his refrigerator.
Law enforcement sized Mr. Vance’s cell phone and conducted a forensic analysis. He had several discussions with people about selling the illegally obtained Native American artifacts and remains. In one text message, Mr. Vance stated, “Don’t be telling people we are digging on government property!” Vance also bragged that he is an “infamous illegal excavator of Native American artifacts in Texas” and that he is “a criminal.”
In total, approximately 1,500 artifacts were recovered by federal authorities including burial beads and petrified wood. BLM will consult with the appropriate tribes to determine cultural affiliation and to facilitate repatriation of the remains and artifacts.
Each defendant faces up to 2 years in federal prison and restitution for their crimes.
The Bureau of Land Management, FBI Evidence Recovery Team, National Parks Service, Texas Parks and Wildlife, U.S. Army Corps of Engineers, and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Anna Marie Bell is prosecuting the case.
Two Indicted for Trafficking Fentanyl Pills and Methamphetamine to RocklinRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Demecio Navarro Sanchez, 66, of Mexico, and Daniel Melchor, 20, of Santa Ana, charging them with conspiring to distribute and possessing with intent to distribute fentanyl and methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Oct. 16, 2020, law enforcement officers seized approximately 19,000 counterfeit oxycodone M-30 pills containing fentanyl and about 38.5 pounds of methamphetamine that Navarro and Melchor transported to Rocklin in separate vehicles on behalf of a Mexico-based drug trafficking organization.
This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Tri‑County Drug Enforcement Team (TRIDENT), the California Highway Patrol, and the Rocklin Police Department. Assistant U.S. Attorney David Spencer is prosecuting the case.
If convicted, Navarro Sanchez and Melchor face a maximum statutory penalty of life in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Doctors Charged in Illegal Opioid Distribution and Health Care Fraud ConspiracyRead the Press Release
A federal grand jury in Kentucky returned an indictment Wednesday charging two doctors for their alleged involvement in conspiracies to illegally distribute opioids and commit health care fraud.
According to court documents, Drs. William Lawrence Siefert, 67, of Dayton, Ohio, and Timothy Ehn, 48, of Union, Kentucky, orchestrated their alleged illegal prescribing and health care fraud conspiracies through Northern Kentucky Center for Pain Relief, a pain clinic in Florence, Kentucky. Siefert, a medical doctor, was employed by the clinic, while Ehn, a chiropractor, was the clinic’s owner. Siefert and Ehn allegedly offered drug-seeking patients who should not have received opioids easy access to these dangerous controlled substances, then billed Medicaid for millions of dollars in medically unnecessary urinalysis testing related to these patients.
The indictment alleges that Siefert and Ehn’s alleged illegal opioid prescribing conspiracy was a contributing factor in the opioid overdose deaths of at least six former clinic patients.
Siefert and Ehn are each charged with one count of conspiracy to unlawfully distribute controlled substances and one count of conspiracy to commit health care fraud. Separately, Siefert was charged with three counts of health care fraud and 11 counts of illegal distribution of controlled substances, including oxycodone, hydrocodone, and clonazepam, and Ehn was charged with eight counts of health care fraud.
The announcement was made by Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Carlton S. Shier IV of the Eastern District of Kentucky; Special Agent in Charge Keith W. Martin of the U.S. Drug Enforcement Administration’s (DEA) Detroit Field Division; Special Agent in Charge Derrick Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Region; Special Agent In Charge James “Robert” Brown Jr. of the FBI’s Louisville Field Office; and Executive Director W. Bryan Hubbard of the Kentucky Medicaid Fraud Control Unit (MFCU) in the Kentucky Attorney General’s Office made the announcement.
This case was investigated by the DEA’s Detroit Field Division, Cincinnati District Office Diversion Group; the FBI’s Louisville Field Office; HHS-OIG’s Louisville Field Office; and the Kentucky MFCU.
Trial Attorney Dermot Lynch and Assistant Chief Kilby Macfadden of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged 91 defendants, including 68 licensed medical professionals, and its casework has targeted the alleged illegal distribution of more than 65 million controlled substance pills involving more than 350,000 prescriptions. Since its inception in March 2007, the Health Care 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 approximately $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.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Traffic Stop of Vehicle Traveling 95 MPH on the NYS Thruway Results in Felony Firearms ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. — U.S. Attorney James P. Kennedy, Jr. announced today that Jaron Flagg, 31, of Syracuse, NY, was arrested and charged by criminal complaint with being a felon in possession of a firearm and possessing marijuana and cocaine. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Sean Eldridge, who is handling the case, stated that according to the complaint, on January 10, 2021, a New York State Trooper observed the defendant driving 97 miles per hour on the New York State Thruway in Wheatland, NY. The trooper initiated a traffic stop, during which he smelled marijuana and learned that Flagg did not have a valid driver’s license. The defendant was arrested, and a search of his vehicle recovered quantities of cocaine, marijuana, and a loaded 9mm handgun, which had been reported as stolen. Flagg has two prior felony convictions and is legally prohibited from possessing a firearm or ammunition.
The defendant made an initial appearance before U.S. Magistrate Judge Mark W. Pedersen and was detained.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives under the direction of Special Agent-in-Charge John DeVito and the New York State Police under the direction of Major Barry Chase.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Three South Louisiana Men Sentenced for Violating Federal Firearms LawsRead the Press Release
LAFAYETTE, La. - Acting United States Attorney Alexander C. Van Hook announced that three men from South Louisiana were sentenced today for illegally possessing firearms by United States District Judge James D. Cain, Jr.
Jaquan Smith, 27, of Houma, Louisiana, was sentenced to 24 months in prison, followed by 3 years of supervised release, for illegal possession of an unregistered firearm. On October 10, 2018, law enforcement officers in Jennings, Louisiana stopped a vehicle for a traffic violation in which Smith was a passenger. Officers found Smith to have a square-shaped object bearing a Glock insignia in his possession. The device is capable of converting a firearm into a machine gun. The machine gun converter device was not registered to Smith in the National Firearms Registration and Transfer Record. Smith knew that the purpose of the converter device was to turn a semi-automatic weapon into a machine gun and was illegal for him to possess.
The ATF and Jennings Police Department conducted the investigation and Assistant U.S. Attorneys T. Forrest Phillips and Robert C. Abendroth prosecuted the case.
Jeffery James Sullivan, 24, of Lake Charles, Louisiana, was sentenced to 18 months in prison, followed by 3 years of supervised release, for making a false statement during the purchase of a firearm. On August 18, 2018, Sullivan attempted to purchase a firearm while under indictment on felony charges in the 14th Judicial District Court in the State of Louisiana, including aggravated second degree battery and illegal use of a weapon in commission of a crime of violence. While completing the ATF Form 4473 to purchase the firearm, Sullivan falsely answered “NO” to the question on the form, “Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?” Sullivan made this false statement intending to deceive the firearms dealer in order to purchase the firearm and was therefore charged.
The ATF conducted the investigation and Assistant U.S. Attorney Danny Siefker prosecuted the case.
Timothy Caudle, 43, of Oakdale, Louisiana, was sentenced to 2 years of supervised probation, for illegally possessing firearms at a federal facility. The charges stem from an incident that occurred on May 10, 2019, when Caudle went to the Fort Polk Community Based Outpatient Clinic for an appointment. When clinic administrators told Caudle they would not be able to order his medication because he was behind on his scheduled appointments with the Clinic, Caudle became upset and made threatening remarks to the staff. This behavior caused law enforcement officers to monitor Caudle and determine whether or not he had any weapons on his person or in his vehicle, which possession was strictly prohibited in the federal facility and on the federal property. Officers found that Caudle illegally possessed two firearms in his vehicle on the federal property.
This case was investigated by the Department of Veterans Affairs and was prosecuted by Assistant U.S. Attorneys Leon H. Whitten and John W. Nickel.
These cases are 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. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Three Pittsburgh Men Indicted for Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH, PA – Three residents of Pittsburgh, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The ten-count Indictment named:
James Patrick Lewis, Jr., age 29;
Antoine Key, age 29; and
Lance Rucker, age 24.
According to the Indictment, from September 21, 2020 to February 4, 2021, Lewis, Key and Rucker conspired to distribute and possessed with intent to distribute 100 grams or more of heroin and 500 grams or more of cocaine. Also on February 4, 2021, Lewis, Key and Rucker, all convicted felons, were in possession of firearms, and that Rucker possessed a firearm in furtherance of a drug trafficking crime. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm. The indictment further alleges that Lewis, on March 10, June 10 and September 17, 2020, possessed with intent to distribute and distributed 40 grams or more of fentanyl. Also, on September 3, 2020, Lewis possessed with intent to distribute and distributed 400 grams or more of fentanyl.
The law provides for a maximum total sentence of not more than life in prison, a fine of $5,000,000 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 Katherine C. Jordan is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case. This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Individuals Charged with Federal Tax OffensesRead the Press Release
CHICAGO — Three individuals have been indicted on tax offenses in separate indictments returned in federal court in Chicago.
EDWARD ACEVEDO, 57, of Chicago, is charged with four counts of willfully failing to file an income tax return and two counts of tax evasion. MICHAEL ACEVEDO, 34, of Chicago, is charged with three counts of willfully failing to file an income tax return and one count of willfully filing a false tax return. ALEX ACEVEDO, 35, of Chicago, is charged with two counts of willfully filing a false tax return.
Arraignment for Alex Acevedo is set for March 3, 2021, at 10:00 a.m., before U.S. District Judge Edmond E. Chang. Arraignment for Michael Acevedo is set for March 3, 2021, at 1:30 p.m., before U.S. Magistrate Judge Beth W. Jantz. Arraignment for Edward Acevedo is set for March 5, 2021, at 1:30 p.m., before U.S. District Judge Matthew F. Kennelly.
The indictments were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and Tamera Cantu, Acting Special Agent-in-Charge of the IRS Criminal Investigation Division in Chicago. The government is represented by Assistant U.S. Attorneys Amarjeet S. Bhachu, Sarah E. Streicker, Diane MacArthur, Timothy J. Chapman, Matthew L. Kutcher, and Michelle Kramer.
According to the indictment against Edward Acevedo, Edward Acevedo received gross income from an Illinois company in the calendar years 2017 and 2018 but he attempted to evade taxes for those years by receiving payments in cash and handling his affairs in a manner so as to avoid the creation and maintenance of customary business and accounting records, the indictment states. He also willfully failed to file individual income tax returns for those years, as well as for the calendar years 2015 and 2016, the indictment states.
The charges against Michael Acevedo allege that he willfully failed to file an income tax return for the calendar years 2016, 2017, and 2018, while the charges against Alex Acevedo accuse him of willfully filing a false tax return for the calendar years 2016 and 2018.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
St. Louis man pleads guilty to murder-for-hire, witness tampering and drug chargesRead the Press Release
ST. LOUIS – Maurice Woodson, 34, of St. Louis, Missouri, pleaded guilty to one count of conspiracy to distribute cocaine; one count of discharging a firearm in furtherance of a drug trafficking crime resulting in death; and one count of witness tampering. Woodson appeared today before United States District Judge Henry E. Autrey who accepted the plea.
Woodson was a member of a large-scale and long-term cocaine trafficking conspiracy between 2012 and 2016. Woodson and others bought large quantities of cocaine from convicted drug trafficker Adrian Lemons and Lemons’ associates in the St. Louis area. The investigation into Woodson and his associates developed evidence of a well-defined distribution network with a direct Mexican source of supply for cocaine. During the course of investigation, agents seized more than 70 kilograms of cocaine and well over $1 million, among other things.
In furtherance of the drug trafficking conspiracy, Woodson was recruited to kill victim B.E. Woodson agreed to commit the murder. On December 5, 2013, Woodson intentionally shot and killed B.E. as B.E. attempted to enter his vehicle in the 3500 block of Kossuth. Woodson received both drugs and money as compensation for the murder. Similarly, Woodson was recruited to kill victim D.J. in furtherance of the cocaine trafficking conspiracy. On November 28, 2014, Woodson lured victim D.J. to a meeting. When D.J. arrived at the 900 block of Harlan, Woodson intentionally shot and killed D.J. Victim D.J. died as a result of his gunshot wounds. Two others who accompanied victim D.J. were also shot and injured.
In January 2016, Woodson was indicted in federal court for his roles in the drug conspiracy and December 2013 murder. Woodson was ordered detained by a magistrate judge pending trial. While detained in a local holding facility, Woodson initiated a murder-for-hire scheme. As part of the scheme, Woodson recruited an individual to murder a potential witness to the December 2013 murder committed by Woodson. Utilizing female companions, Woodson arranged meetings with and payments to the individual recruited to murder the potential witness. Unbeknownst to Woodson, the individual recruited by Woodson to commit the murder-for-hire was an undercover law enforcement official.
The judge will sentence Woodson in June 2021. In exchange for his guilty plea, the parties will jointly recommend to the Court that Woodson be imprisoned for 276 months.
This case was investigated by Homeland Security Investigations; Drug Enforcement Administration; Saint Louis Metropolitan Police Department; the Kennett, Missouri, Police Department; the United States Marshals Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Federal Bureau of Investigation.
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Springfield Man Involved in 2014 Murder Sentenced to 16 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOEL JAQUEZ, 36, of Springfield, Massachusetts, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 192 months of imprisonment, followed by five years of supervised release, for his role in the murder of a Connecticut man in 2014.
According to court documents and statements made in court, on December 30, 2014, Jesus Silva, 24, of Meriden, was murdered by a gunshot to the head as he sat in his car on Yeaton Street in New Britain. The investigation revealed that Hector Cardona-Diaz, of Aguas Buenas, Puerto Rico, was a large-scale narcotics trafficker who regularly supplied Silva and others in the Hartford and Springfield area with distribution quantities of cocaine that he concealed in ceramic moldings and shipped in packages using the U.S. Mail. Silva and others then mailed cash proceeds of the sale of cocaine to Cardona-Diaz in Puerto Rico. In November 2014, investigators seized two packages containing a total of approximately $40,000 in drug proceeds that had been mailed to Cardona-Diaz.
After Cardona-Diaz learned that Silva had taken a large amount of cash generated from the drug trafficking enterprise, Cardona hired Jesus Sierra, of Springfield, to murder Silva with a promise to pay him $5,000 and supply him with future shipments of cocaine. Sierra then received a firearm from Jaquez and promised to pay Jaquez a portion of the money Sierra was going to be paid by Cardona-Diaz.
On December 30, 2014, Sierra arranged to meet Silva in Meriden, purportedly to purchase a car from him. Sierra and Jaquez then traveled to Connecticut to meet Silva. Sierra and Silva then drove together to New Britain under the ruse that Sierra needed a mechanic in New Britain to examine the car. Jaquez followed Sierra and Silva in a separate car. In New Britain, Sierra shot and killed and Silva.
Jaquez has been detained since his arrest in May 2015. On January 10, 2017, he pleaded guilty to one count of murder for hire by interstate travel resulting in death.
Sierra pleaded guilty to the same charge on January 6, 2017.
On September 26, 2017, a jury found Cardona-Diaz guilty of one count of conspiracy to commit murder for hire resulting in death, one count of murder for hire by interstate travel resulting in death, and one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.
Sierra and Cardona-Diaz are detained and awaiting sentencing.
This matter has been investigated by the U.S. Postal Inspection Service, the Drug Enforcement Administration’s Hartford Task Force and the New Britain Police Department. The DEA Task Force includes personnel from the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Geoffrey M. Stone.
U.S. Attorney Durham thanked the New Britain State’s Attorney’s Office for its cooperation in the investigation and prosecution of this case.
Sioux Falls Man Sentenced for being Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 22, 2021, by U.S. District Judge Karen E. Schreier.
Anthony James Howard, age 28, was sentenced to 60 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Howard was indicted by a federal grand jury on July 20, 2020. He pled guilty on November 23, 2020.
The conviction stemmed from an incident on April 20, 2020, when Howard, possessed a Glock handgun. Sioux Falls police responded to a report of shots fired, and found spent shell casings in the street. A few hours later, police found Howard passed out in his vehicle with methamphetamine and a gun. The shell casings found at the scene matched the caliber of gun found in Howard’s possession. Howard had previously been convicted of a felony, which prohibited him from possessing any firearms or ammunition.
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 the local community 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Howard was immediately turned over to the custody of the U.S. Marshals Service.
Sioux City Woman Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine was sentenced February 19, 2021, to more than 18 years in federal prison.
Delfina Torres-Perez, 33, from Sioux City, Iowa, received the prison term after a September 25, 2020, guilty plea to conspiracy to distribute methamphetamine. Torres-Perez was previously convicted in the Northern District of Iowa for conspiracy to distribute methamphetamine in 2012.
Evidence at the plea and sentencing hearings showed that from about November 2019 through March 2020, Torres-Perez and others conspired to distribute more than 22 pounds of methamphetamine. On two occasions in March 2020, Torres-Perez distributed about one pound of methamphetamine to persons cooperating with law enforcement. Torres-Perez also traveled to California, obtained 20 pounds of methamphetamine, which she brought back to northwest Iowa, hidden in the gas tank of the vehicle for later distribution. Torres-Perez also admitted to involvement in an additional 30 pounds of methamphetamine distribution in the northwest Iowa area, obtained from large-scale sources in the Sioux City area.
Torres-Perez was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Torres-Perez was sentenced to 204 months’ imprisonment, consecutive to 18 months’ imprisonment, ordered to be served for violation of her previous federal supervised release. She must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system. Torres-Perez is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4051. Follow us on Twitter @USAO_NDIA.
Sioux City Woman Pleads Guilty to Meth ConspiracyRead the Press Release
A woman who conspired to distribute methamphetamine pled guilty February 18, 2021, in federal court in Sioux City, Iowa.
Jennie Kazena, 38, from Sioux City, was convicted of conspiracy to distribute methamphetamine. Kazena was previously convicted in federal court of conspiracy to distribute and possession with intent to distribute methamphetamine on February 19, 2010
At the plea hearing, Kazena admitted that between on or about January 2019 and continuing to on or about October 2019 she and others distributed more than 150 grams of methamphetamine in the Sioux City area. In March 2019, in a traffic stop in South Dakota, Kazena was found to possess 12 grams of methamphetamine. In October 2019, in a controlled operation by law enforcement, Kazena distributed nearly ¼ pound of methamphetamine to a confidential informant. Later, in October 2019, in a traffic stop by Sioux City police, Kazena was found to possess ½ ounce of methamphetamine. Kazena admitted to agents her involvement in the distribution of about two pounds of methamphetamine in the Sioux City area.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Kazena remains in the custody of the United States Marshal pending sentencing. Kazena faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4037. Follow us on Twitter @USAO_NDIA.
Sioux City Man to Federal Prison for Distributing MethRead the Press Release
A man who distributed methamphetamine was sentenced on February 24, 2021, in federal court in Sioux City.
Silas Bui, 25, from Sioux City, Iowa, pled guilty to distributing methamphetamine on October 14, 2020.
Evidence at the plea and sentencing hearings, showed that on July 8, 2019, Bui distributed 27.37 grams of methamphetamine to an individual cooperating with law enforcement. Bui was previously convicted of the following crimes: Harassment – 1st Degree and Domestic Abuse Assault Display or Use of a Weapon – 1st Offense, on or about September 12, 2018; Theft 2nd, on or about April 11, 2019; Possession of a Controlled Substance – 2nd Offense, on or about September 3, 2019, all in the Iowa District Court for Woodbury County.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Bui was sentenced to 54 months’ imprisonment. He must also serve a 3 year term of supervised release following the imprisonment. There is no parole in the federal system. Bui remains in custody of the United States Marshal until he can be transferred to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4053. Follow us on Twitter @USAO_NDIA.
Sioux City Man Who Sold Meth, Oxycodone, and Fentanyl Sentenced to Federal PrisonRead the Press Release
A Sioux City man who sold methamphetamine, oxycodone, and fentanyl was sentenced February 23, 2021, to more than 8 years in federal prison.
Rufus Joy Stevens, age 39, from Sioux City, IA, received the prison term after a guilty plea to possession with intent to distribute oxycodone in Sioux City.
Stevens admitted that in February 2020 he conspired and possessed with the intent to distribute over 100 oxycodone pills, over 27 grams of methamphetamine, and 10 fentanyl patches around the Sioux City area.
Stevens was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Stevens was sentenced to 105 months’ imprisonment. He must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Stevens is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ron Timmons and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4059.
Follow us on Twitter @USAO_NDIA.
Sioux City Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine pled guilty on February 18, 2021, in federal court, in Sioux City, Iowa.
Hugo Arechiga Torres, 39, from Sioux City, Iowa, was convicted of conspiracy to distribute methamphetamine. Torres was previously convicted three times in South Dakota, for serious felony drug trafficking offenses, including a federal case in 2014.
At the plea hearing, Torres admitted that between December 2019 and August 2020, he and others distributed at least 4.5 kilograms of methamphetamine in the Sioux City area. During two separate controlled operations in August 2020, law enforcement used a confidential informant to purchase more than 12 pounds of methamphetamine from Torres. Later, upon his arrest in August 2020, officers seized $754 from Torres, including five $100 bills that were found to be pre-serialized money provided to Torres in a controlled methamphetamine purchase, as part of a drug debt payment.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Torres remains in custody of the United States Marshal pending sentencing. Torres faces a mandatory minimum sentence of 25 years’ imprisonment and a possible maximum sentence of life imprisonment, a $20,000,000 fine, and at least 10 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4067. Follow us on Twitter @USAO_NDIA.
Shreveport Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Demarcus Deandre Jackson, 32, of Shreveport, Louisiana, was sentenced today by United States District Judge Donald E. Walter to 40 months (3 years, 4 months) in prison, followed by 3 years of supervised release, for being a convicted felon in possession of a firearm.
A federal grand jury returned an indictment on June 10, 2020 charging Jackson following an incident that occurred on January 9, 2020. Jackson was a passenger in a vehicle that was stopped by officers with the Shreveport Police Department for a traffic violation. Officers found that Jackson had marijuana in his possession and placed him in handcuffs. While searching the vehicle, officers found a loaded semi-automatic pistol and Jackson admitted it belonged to him.
Jackson has previous felony convictions for attempted manslaughter and illegal use of a weapon (2006) and knew that it was illegal for him to possess a firearm. He pleaded guilty to the federal charge on October 8, 2020.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert F. Moody prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Scranton Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Zachary Watkins, age 20, of Scranton, Pennsylvania, was indicted on February 23, 2021, by a federal grand jury for the receipt and distribution of child pornography.
According to Acting United States Attorney, Bruce D. Bandler, the indictment alleges that between January 1, 2020, and January 27, 2021, in Lackawanna County, Watkins received and distributed visual depictions of minors engaging in sexually explicit conduct.
The charges stem from an investigation by the Federal Bureau of Investigation (FBI), and the Scranton Police Department. Assistant United States Attorney James Buchanan is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is 20 years imprisonment imprisonment, a term of supervised release following imprisonment, and a fine. The mandatory minimum for these offenses is 5 years imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
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San Diego Man Sentenced to Five Years in Prison for Three RobberiesRead the Press Release
Assistant U. S. Attorney Matthew Brehm (619) 546-8983
NEWS RELEASE SUMMARY – February 25, 2021
SAN DIEGO – Ryan W. Nelson of San Diego was sentenced in federal court yesterday to 60 months in prison for committing three robberies, including two bank robberies and the armed robbery of a shoe store.
During the sentencing hearing, U.S. District Judge Cynthia A. Bashant told the defendant: “I just can’t ignore what you did in this case. It was dangerous and it was scary.” Nelson was also ordered to pay $11,572 in restitution to the businesses he robbed.
“These robberies were a terrifying and unforgettable experience for the victims,” said U.S. Attorney Robert Brewer. “Hopefully this sentence will restore a sense of safety to the victims and the community.” Brewer praised prosecutor Matthew Brehm, FBI agents and officials with the San Diego, National City and La Mesa police departments for their excellent work on this case.
“The FBI’s Violent Crime Task Force is out on the street with our local partners every day working to keep San Diegans safe,” said Suzanne Turner, FBI Special Agent in Charge of the San Diego Field Office. “Violent crime investigations are a priority and our agents are dedicated to bringing justice for the victims and the communities affected by these robberies.”
Nelson entered his guilty plea in October of 2020, admitting that on July 29, 2019, at approximately 8:45 a.m., he entered the Shoe Palace, located within the Plaza Bonita Mall in National City, dressed as a construction worker with a safety vest, safety glasses, and a hard hat.
In his plea agreement, Nelson admitted he told a Shoe Palace clerk that he was working on construction in the store above Shoe Palace and needed to inspect an electrical breaker panel in a room in the back of the store. When Nelson returned to the front of the store, he approached a clerk, who was pregnant at the time, and pointed a black handgun at her. He demanded cash from the cash register, stating, “Give me all the money.” The clerk gave Nelson access to the cash register, and he took approximately $600 from the register and a nearby safe. After he took the cash, Nelson told the clerk, “Don’t call anyone or I will be back in five minutes!” He then fled the store, walked outside the mall, removed his construction worker disguise, retrieved a backpack hidden outside the mall, and changed his shirt.
Nelson also admitted that on August 15, 2019, at approximately 10:10 a.m., he entered the Vons Supermarket at 6155 El Cajon Boulevard, San Diego, and approached the teller window of the U.S. Bank branch located inside. Nelson pretended to talk on his cell phone but in fact gave the teller step-by-step verbal commands, demanding the teller to give him money by stating something similar to, “Grab a bag.
Start with the hundreds. Put all the money in the bag and give it to me, or I’m gonna shoot.” The teller complied with demands and provided Nelson with money from his teller drawer, totaling approximately $1,372. Prior to fleeing, Nelson told the victim teller, “Wait seven minutes, I’ve got someone in the store.” He then turned and exited the bank area, leaving out the east exit of the Vons Supermarket.
Nelson further admitted on August 23, 2019, at approximately 11:56 a.m., he entered the Vons Supermarket at 8011 University Avenue, La Mesa, California, and approached the teller window of the Wells Fargo branch located inside. Nelson pretended to talk on his cell phone but in fact demanded money from the three victim tellers by giving step-by-step verbal commands, stating something similar to, “Start with your 100s and put them in a bag, or I’ll start shooting.” The tellers complied with the demands and provided Nelson with a bag containing money from each of the teller’s drawers totaling approximately $9,600. He then left out of the Vons Supermarket’s main entrance.
Nelson also admitted that on August 29, 2019, FBI agents executed a federal search warrant at his residence and found a black bomber jacket, dark colored pants with white stripes down the sides, a navy blue-colored backpack, and a large black wristwatch, which were all items he was recorded wearing by surveillance cameras during, or just after, one of the bank robberies. FBI agents found a loaded, black .380 Smith and Wesson semi-automatic handgun in a drawer in Nelson’s room, which matched the description of the firearm he brandished during the Shoe Palace robbery. Agents also found $2,030 in cash on Nelson’s person, during his arrest.
This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section. Formed in 2019 by U.S. Attorney Brewer, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California Coordinators for Project Safe Neighborhoods, Human Trafficking, and Project Safe Childhood.
DEFENDANT Case Number 19cr3563-BAS
Ryan W. Nelson Age: 38 San Diego, California
SUMMARY OF CHARGES
Bank Robbery – Title 18, U.S.C., Section 2113(a)
Maximum penalty: Twenty years in prison and $250,000 fine
Hobbs Act Robbery – Title 18, U.S.C., Section 1951
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCY
Federal Bureau of Investigations
San Diego Police Department
National City Police Department
La Mesa Police Department
Rochester Man Sentenced to 46 Months for Conspiracy to Distribute FentanylRead the Press Release
CONCORD - Thomas Fall, 44, of Rochester, was sentenced to 46 months in federal prison for participating in a conspiracy to distribute fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Fall conspired with others to distribute fentanyl in 2018 and 2019. In July and August of 2019, an individual who was cooperating with the Drug Enforcement Administration participated in four controlled drug purchases from Fall and another individual at their Rochester, New Hampshire residence. In total, the transactions involved approximately 100 grams of fentanyl.
On January 14, 2020, the DEA and other law enforcement agencies arrested Fall. In his post-arrest interview, Fall admitted to participating in the drug conspiracy and stated that for a period of three to six months in 2018 and 2019, he and another individual purchased fentanyl from a Massachusetts-based source and then distributed some of the fentanyl to New Hampshire-based drug customers.
Fall previously pleaded guilty on November 18, 2020.
“Fentanyl trafficking has caused tremendous damage to communities throughout New Hampshire,” said U.S. Attorney Murray. “Those who are responsible for bringing this deadly drug into the Granite State need to be held accountable for their conduct. We will continue to work with our law enforcement partners to identify, prosecute, and incarcerate the drug dealers who are responsible for distributing fentanyl and other deadly opioids in our state.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “The DEA will continue to use every resource available to identify those, like Mr. Fall, who are contributing to the crisis. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this poison.”
This case was investigated by the DEA’s Tactical Diversion Squad, the New Hampshire State Police, the United States Postal Inspection Service, and the Strafford County Drug Task Force. The case was prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Redding Man Charged with Two Counts of Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Tyson Farrell, 26, of Redding, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, Farrell was arrested twice in the span of five months and found to be in possession of a firearm each time. Farrell has multiple felony convictions and may not legally possess firearms.
On Sept. 16, 2020, while driving without a valid license, Farrell was stopped by a law enforcement officer who noticed that Farrell’s car had a nonfunctioning brake light, in violation of the California Vehicle Code. Farrell was on post release community supervision from a prior conviction and found to have a partially dismantled Ruger Model 77/17 in the back seat.
On Jan. 10, 2021, a police officer stopped a car in which Farrell was a passenger, having recognized the driver and knowing he was driving on a restricted license. The officer also recognized Farrell and confirmed through a records check that Farrell was the subject of a pending felony warrant. The officer searched the car and recovered a Colt .38 caliber revolver from a laundry bag in the car’s back seat where Farrell had been sitting.
This case is the product of an investigation by the Redding Police Department, the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Shasta County District Attorney’s Office. Assistant U.S. Attorney James Conolly is prosecuting the case.
If convicted, Farrell faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Rapid City Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 22, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Calvin Spotted Tail, age 40, was sentenced to 22 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Spotted Tail was indicted by a federal grand jury on October 14, 2020. He pled guilty on December 14, 2020.
Spotted Tail was convicted of Sexual Abuse in December 2005. As a result of this conviction, he is required to register as a sex offender. In January 2020, Spotted Tail was released from a term of imprisonment and began a period of supervised release. At that time, he updated his sex offender registration to reflect that he was residing in Rapid City. In June 2020, Spotted Tail moved from his registered address and absconded from supervised release. Thereafter he failed to update his sex offender registration. An arrest warrant was subsequently issued and on September 25, 2020, Spotted Tail was arrested at a residence in St. Francis, South Dakota.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spotted Tail was immediately turned over to the custody of the U.S. Marshals Service.
Randolph Morris Indicted for Wire Fraud and Federal Tax Violations for Failing to Report Income from Professional Basketball in ChinaRead the Press Release
LEXINGTON, Ky. – Randolph Morris was indicted yesterday on federal charges of wire fraud and making false statements on his federal tax returns. As alleged in the indictment, from 2010 to 2017, Morris failed to report more than $13 million dollars that he earned while working as a professional basketball player in the Chinese Basketball Association (CBA).
A federal grand jury sitting in Lexington returned an 11-count indictment against the 35-year-old Morris, who played at the University of Kentucky from 2004 to 2007, before entering the National Basketball Association (NBA), where he played until 2010. The wire fraud counts allege that Morris submitted false income information to the Kentucky Department of Revenue, for the 2015, 2016 and 2017 tax years, when he played for the Beijing Ducks. The alleged failure to report any of his earnings from his Chinese team during those years deprived the state of Kentucky of more than $400,000 in tax revenue. The remaining eight counts allege that Morris failed to report his earnings from the Beijing Ducks on his federal 1040 and 1040A forms, for the years 2010 through 2017.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Bryant Jackson, Special Agent in Charge, Internal Revenue Service Criminal Investigation Cincinnati Field Office, jointly announced the indictment.
A date for Morris to appear in federal court has not yet been scheduled. He faces up to 20 years in prison and a fine of $250,000 on each wire fraud count. For the counts of making false statements on tax returns, he faces a maximum prison sentence of three years. However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Project Parkersburg Update: Parkersburg Man Sentenced to 10 Years in Federal Prison for Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that Michael Rhodes, 41, of Parkersburg, was sentenced to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute more than 500 grams of methamphetamine and possession with intent to distribute methamphetamine. Rhodes was prosecuted as part of Project Parkersburg – a major takedown and dismantling of a poly-drug, multi-state drug trafficking organization (DTO).
“Project Parkersburg was a huge success,” said United States Attorney Mike Stuart. “As a result of this lengthy investigation, a major DTO responsible for distributing significant amounts of methamphetamine in and around Parkersburg was shut down. At least 29 individuals were charged in federal and state court and 121 pounds of ICE methamphetamine, six kilograms of cocaine, 217 grams of heroin and 478 grams of fentanyl were seized.”
Rhodes previously pled guilty and admitted to distributing methamphetamine in and around Parkersburg. At the sentencing hearing, United States District Judge Irene C. Berger noted that Rhodes had traveled from Parkersburg to Arizona and California in 2018 and that records showed calls and money transfers from Parkersburg to Sinaloa, Mexico. The Court also found that Rhodes received methamphetamine in one and two pound quantities at a time from co-defendant Terrance McGuirk. The Court further noted that Rhodes’ intercepted communications revealed that he owed $80,000 to his supplier and that he was distributing user and low-level dealer quantities of methamphetamine to people in Parkersburg.
Stuart commended the investigative efforts of the Federal Bureau of Investigation (FBI), the Parkersburg Police Department, the Dayton (Ohio) Police Department, and the Parkersburg Narcotics and Violent Crime Task Force. Of the defendants charged in federal court, Terrence McGuirk, Todd Land, Jeffrey Hoyler, Nicholas Easton, T.J. Gibson, Edward Marks, Amy Rake, Marshall Polan, Troy Pastorino, Michael Holley, Colleen Moyle, Amanda Atkinson, and Michael Rhodes have been sentenced. Aurelius Edmonds awaits sentencing later this year. United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Joshua Hanks and Jeremy Wolfe are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:18-cr-00225.
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Parmelee Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on February 22, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Jean Xarles Neck, a/k/a John Neck, age 21, was sentenced to 21 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Restitution may also be ordered.
Neck was indicted by a federal grand jury on October 14, 2020. He pled guilty on November 30, 2020.
The conviction stemmed from an incident that occurred on June 6, 2020, in Todd County, South Dakota. On that date Neck assaulted an individual, by discharging a firearm multiple times at a home where the individual was an occupant.
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.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Neck was immediately turned over to the custody of the U.S. Marshals Service.
Orlando Man Sentenced to 170 Years in Federal Prison for Using A Minor to Produce Sexually Explicit Photos and Distributing Child Sex Abuse Images and VideosRead the Press Release
Orlando, Florida – United States District Judge Paul G. Byron has sentenced George Poulo (27, Orlando) to 170 years in federal prison for using a minor to produce sexually explicit conduct and distributing child pornography. Poulo was also ordered to serve a lifetime term of supervised release and register as a sex offender. Poulo had been found guilty following a bench trial on September 30, 2020.
According to evidence presented at trial, Poulo interacted with undercover law enforcement officers while using the Kik social media application. On Kik, Poulo discussed sexually abusing a 5-year-old girl whom he knew and also discussed a desire to have sex with other children. During these chats, Poulo sent the undercover officers five photographs of the minor watching him masturbate. Later, Poulo also sent the law enforcement officers a video of an adult male sexually abusing a young child.
At sentencing, the court found that Poulo had engaged in a pattern of sexual abuse involving the minor child from the summer of 2019 until February 2020, when the FBI executed a search warrant at his home.
“No amount of prison time can erase what this monster did to a young, innocent child.”, said Special Agent in Charge of the FBI Tampa Division Michael McPherson. “The 170-year prison sentence handed down in this case proves the seriousness of law enforcement’s commitment and conviction to finding these predators and removing them from society so they can’t hurt another child again.”
This case was investigated by the Federal Bureau of Investigation, with assistance from the Winnebago County (Wisconsin) Sheriff’s Office. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
O'Fallon Building Co. Settles Fraud ClaimsRead the Press Release
Fairview Heights, Ill. – R&W Builders, Inc. (R&W) of O’Fallon, Illinois, has agreed to pay the United States $400,000 to resolve allegations that it violated the False Claims Act by fraudulently obtaining construction contracts reserved for disadvantaged small businesses, U.S. Attorney Steven D. Weinhoeft announced today.
The Small Business Administration (SBA) 8(a) Business Development Program helps provide a level playing field for small businesses owned by socially and economically disadvantaged individuals by limiting competition for certain federal contracts to Program participants. To increase the opportunities available to these disadvantaged businesses, the SBA also permits Program participants to partner with another company on certain contracts through approved joint venture agreements. The SBA requires the joint venture agreements to include specific terms to ensure the relationship is fair and provides a benefit to the disadvantaged business, including provisions designating the disadvantaged business as the managing partner of the joint venture and requiring the disadvantaged business to perform a specified percentage of the work. It is important that 8(a) joint ventures comply with the SBA’s criteria because misuse of the Program deprives real disadvantaged businesses of valuable economic opportunities and undermines the Program’s integrity.
In 2014, after R&W was no longer eligible to participate in the 8(a) Program, it entered into a joint venture agreement with Global Environmental, Inc. (GEI), an 8(a) Program participant based in St. Louis, Missouri. R&W and GEI named the joint venture Patriot Commercial Construction, LLC (Patriot) and successfully secured an award set aside solely for Program participants on the Multiple Award Construction Contract (MACC) at Scott Air Force Base, Illinois.
The United States contends that R&W falsely represented it would abide by the Program requirements and the Patriot joint venture agreement to obtain the SBA’s approval. Immediately after Patriot received an 8(a) award on the MACC, R&W began managing the joint venture and using its own employees to complete nearly all of the work Patriot performed. Over the next two years, R&W caused Patriot to receive numerous MACC task orders set aside for 8(a) Program participants when Patriot was under R&W’s control, in violation of SBA requirements.
“The 8(a) Business Development Program is vital to helping disadvantaged businesses gain valuable experience and access to federal contracts,” U.S. Attorney Steven D. Weinhoeft said.
“When contractors abuse the Program and divert opportunities to themselves, it takes away critical assistance from those who truly need it. We will continue to fight this type of fraud to ensure that disadvantaged businesses in Southern Illinois have the chance to compete.”
“The Defense Criminal Investigative Service (DCIS) will investigate all allegations of abuse related to Government set aside programs designed to encourage and support veteran, woman and minority owned small businesses,” stated Gregory P. Shilling, Acting Special Agent in Charge of the DCIS Southwest Field Office. “Schemes like this one undermine not only the integrity of the programs, but the Government contracting process as a whole. This cannot be allowed.”
“The Department of the Air Force takes the protection of federal SBA set-aside funds seriously, especially when abuses impact the military’s warfighting capability,” said Nicholas J. Groesbeck, Special Agent in Charge of the Air Force Office of Special Investigations (OSI), Procurement Fraud Detachment 4. “OSI along with our joint partners are dedicated to protecting the integrity of government procurement practices from fraud, waste and abuse while ensuring those who violate the law are held accountable.”
The investigation was conducted by the SBA Office of Inspector General, Department of Defense Office of Inspector General, Air of Force OSI, and the Defense Contract Audit Agency.
The United States was represented in this matter by Assistant United States Attorney Laura Barke.
Nesquehoning Man Indicted for Distributing Child PornographyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenneth Persise, age 32, of Nesquehoning, Pennsylvania, was indicted on February 23, 2021, by a federal grand jury for distribution of child pornography.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on February 26, 2020, March 4, 2020 and June 14, 2020, in Carbon County, Persise distributed visual depictions of minors engaged in sexually explicit conduct.
The case was investigated by the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Nashua Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD - Chad Landry, 37, of Nashua, pleaded guilty in federal court to possession of fentanyl with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on December 11, 2018, Landry was arrested on a parole violation warrant. A search by his Probation Officer incident to arrest yielded 8.04 grams of fentanyl on his person. The Officer also seized his telephone and secured screen shots of text exchanges consistent with drug distribution. Landry later admitted to selling about 30 grams of heroin/fentanyl per day. A subsequent search of his telephone pursuant to a warrant disclosed numerous drug distribution-related conversations.
Landry is scheduled to be sentenced on June 4, 2021.
“Fentanyl distributors are causing grave harm in our communities by distributing a deadly substance,” said U.S. Attorney Murray. “Through Operation SOS, we are working with our law enforcement partners in Hillsborough County to identify and prosecute fentanyl traffickers. By holding these drug dealers accountable for their actions, we are securing a safer community for the citizens of the Granite State.”
This matter was investigated by the Nashua Police Department and the New Hampshire Department of Corrections. The case is being prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Missoula man sentenced for pointing laser at airplane on approach to Great Falls airportRead the Press Release
GREAT FALLS – A Missoula man who admitted aiming a laser beam at an airplane as it was approaching the Great Falls airport was sentenced today, Acting U.S. Attorney Leif Johnson said.
Brian John Loven, 42, pleaded guilty on Oct. 28, 2020 to aiming a laser pointer at an aircraft.
The defendant faced a possible sentence of five years in prison, a $250,000 fine and three years of supervised release. The government recommended a sentence within the guideline range of 15 months to 21 months in prison. The court sentenced Loven to three years of probation.
Chief U.S. District Judge Brian M. Morris presided.
“Mr. Loven’s conduct needlessly threatened the safety of the passengers and crew of a commercial aircraft. It is important for the public to understand that pointing any laser, even a small one, at the cockpit of an aircraft can obscure the pilot’s view and jeopardize the safe operations of the aircraft. Fortunately, the Great Falls incident did not result in any injuries. This office regards such cases as serious matters requiring aggressive prosecution,” said Acting U.S. Attorney Johnson.
In court documents filed in the case, the prosecution said that at about 9:40 p.m. on March 3, 2020, two pilots operating a SkyWest flight reported that on their descent to the Great Falls airport, the plane was hit with a bright green laser that lit up the cockpit. The pilots reported that the incident occurred on the east end of town in the area of Giant Springs State Park.
Cascade County Sheriff’s deputies dispatched to the area located a Jeep driving slowly through the parking lot of Heritage Park, which was closed at the time. Loven was a passenger. The driver told deputies that she was learning how to drive a manual transmission car. While speaking with the driver, deputies noticed a small, black pen-like device sticking out of the center cup holder and asked about the item. The driver said the device was a laser pointer and activated it. The laser pointer projected a green light onto the dashboard.
Deputies interviewed Loven, who admitted to shining the laser at an airplane while it was approaching the airport. Loven explained that he was unaware it was a federal offense to shine a laser at a plane and just wanted to “test out the distance of the laser.”
Assistant U.S. Attorney Jeffrey Starnes prosecuted the case, which was investigated by the Transportation Security Administration, Cascade County Sheriff’s Office and Airport Security.
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Mendota Man Indicted for Assault with a Dangerous Weapon in Aid of RacketeeringRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Oscar Armando Orellana Guevara, 23, of Mendota, charging him with assault with a dangerous weapon in aid of racketeering and conspiracy to commit assault with a dangerous weapon in aid of racketeering, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Aug. 28, 2020, Guevara and others assaulted a man by punching, kicking and stabbing him with a straight-blade knife. They stabbed him in his chest, thigh, abdomen, and arm. During the confrontation, Guevara announced the group’s affiliation with Mara Salvatrucha or MS-13 and threatened to kill him and a companion. The assault occurred in and around an area of Mendota over which MS-13 claims control, and before assaulting him, Guevara and others told the victim he could not be there.
This case is the product of an investigation by the FBI, Multi-Agency Gang Enforcement Consortium (MAGEC), the Fresno County Sheriff’s Office, and the Mendota Police Department. Assistant U.S. Attorneys Kimberly A. Sanchez and Stephanie Stokman are prosecuting the case.
If convicted of the assault with a dangerous weapon, Guevara faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. The maximum statutory penalty for the conspiracy charge is three years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Member of Santo Domingo Pueblo sentenced to three years in prison for assault on federal officersRead the Press Release
ALBUQUERQUE, N.M. – Stephen Reano, 22, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, was sentenced in federal court on Feb. 23 to three years and four months in prison, three years of supervised release and 50 hours of community service for an assault on federal officers.
Reano pleaded guilty on Oct. 30, 2020. In the plea agreement, Reano admitted that on June 11, 2020, he was carrying a rifle in the village area of Santo Domingo Pueblo in Sandoval County. Bureau of Indian Affairs patrol officers, responding to calls about an armed individual, located him standing near a utility pole beneath a street light in the village. Reano pointed his rifle at one officer, then at another officer when the second officer used the patrol unit’s public address system to order Reano to put down his weapon. Reano was shot in the shoulder after repeatedly ignoring the officers’ commands. He was treated for his injuries and remained in custody pending his plea and sentencing. At the time of the incident, both federal officers were engaged in the performance of their official duties.
The Albuquerque office of the FBI investigated this case. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Member of Santo Domingo Pueblo sentenced to three years in prison for assault on federal officersRead the Press Release
ALBUQUERQUE, N.M. – Stephen Reano, 22, of Santo Domingo, New Mexico, and an enrolled member of Santo Domingo Pueblo, was sentenced in federal court on Feb. 23 to three years and four months in prison, three years of supervised release and 50 hours of community service for an assault on federal officers.
Reano pleaded guilty on Oct. 30, 2020. In the plea agreement, Reano admitted that on June 11, 2020, he was carrying a rifle in the village area of Santo Domingo Pueblo in Sandoval County. Bureau of Indian Affairs patrol officers, responding to calls about an armed individual, located him standing near a utility pole beneath a street light in the village. Reano pointed his rifle at one officer, then at another officer when the second officer used the patrol unit’s public address system to order Reano to put down his weapon. Reano was shot in the shoulder after repeatedly ignoring the officers’ commands. He was treated for his injuries and remained in custody pending his plea and sentencing. At the time of the incident, both federal officers were engaged in the performance of their official duties.
The Albuquerque office of the FBI investigated this case. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case.
Man Charged in Manhattan Federal Court for Fraudulently Posing as Medical ProfessionalRead the Press Release
Audrey Strauss, United States Attorney for the Southern District of New York, and Keith J. Byrne, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service (“DSS”), New York Field Office, announced today the unsealing of a complaint charging RODNEY ROBINSON, a/k/a “Alim Shariff,” with forgery and false use of a passport, false statements, and aggravated identity theft in connection with his years-long effort to fraudulently pose as a medical professional and Naval Reserve Officer. ROBINSON was arrested this morning in New York, New York, and will be presented before U.S. Magistrate Judge Sarah Netburn later today.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Rodney Robinson abused the trust of his employers, colleagues, and clients by claiming to be someone he is not. He has finally been caught in his web of lies.”
DSS Special Agent-in-Charge Keith J. Byrne said: “The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office of the Southern District of New York to investigate allegations of crimes related to passport fraud and identity theft. We are very pleased to have apprehended Mr. Robinson to face the charges levied against him.”
According to the allegations in the Complaint:[1]
ROBINSON spent years posing as “Dr. Alim Shariff” – a “board certified behavior analyst,” “licensed psychological examiner,” and Naval Reserve Officer. Using the Shariff identity, ROBINSON gained employment at multiple New York City area social service and rehabilitation providers. In applying for these positions of trust, ROBINSON used fake identification documents, claimed stolen identification information, and made false statements to federal agencies.
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ROBINSON, 55, of New York, New York, is charged with two counts of forgery and false use of a passport, each of which carries a maximum sentence of 10 years in prison, one count of false statements, which carries a maximum penalty of five years in prison, and three counts of aggravated identity theft, each of which carries a mandatory consecutive term of two years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by a judge.
Ms. Strauss praised the outstanding investigative work of the Diplomatic Security Service.
If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900, or [email protected]. For additional information, go to: http://www.usdoj.gov/usao/nys/victimwitness.html.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Ashley C. Nicolas is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, 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 should be treated as an allegation.
Malden Man Arrested on Cocaine Trafficking ChargeRead the Press Release
BOSTON – A Malden man was arrested today and charged in connection with operating a drug trafficking enterprise, including selling fentanyl, cocaine and cocaine base to an undercover officer on multiple occasions.
Dhamari Jordan, a/k/a/ “DMO,” a/k/a “DMO Crashout,” 20, was charged with one count of conspiracy to distribute and possess with intent to distribute a controlled substance. Jordan was detained following an initial appearance before Magistrate Judge Donald L. Cabell.
As noted during today’s court hearing, a loaded 9mm firearm was recovered in Jordan’s residence this morning during the execution of a search warrant.
It is alleged that Jordan and other members of his conspiracy were captured on recording selling fentanyl, cocaine and cocaine base to an undercover officer on three occasions in January 2021. During all of these sales, Jordan was on pretrial release for a pending firearms case in Cambridge District Court from June 2019. According to charging documents, Jordan was arrested in January 2020 by Boston Police in a vehicle where a firearm and pills containing heroin were recovered. It is further alleged Jordan posted a music video online depicting him brandishing firearms in a kitchen where cocaine was being cooked into “crack” cocaine.
The charge of possession of a controlled substance with intent to distribute provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistance was provided by the Middlesex District Attorney’s Office, Suffolk District Attorney’s Office, Boston Police Department and Malden Police Department. Assistant U.S. Attorneys Philip A. Mallard and Sarah Hoefle of Lelling’s Organized Crime and Gang Unit are prosecuting the case.
The operation was conducted by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Luzerne County Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Caleb Guerrier, age 39, of Hanover Township, pled guilty on February 24, 2021, before U.S. District Court Judge Malachy E. Mannion, for being a convicted felon in possession of firearms and ammunition and being in possession with intent to distribute crack cocaine.
According to Acting United States Attorney Bruce D. Brandler, the charge of felon in possession of firearms and ammunition stems from an incident in March 2014, in which investigators served a search warrant at Guerrier’s residence and seized a cache of weapons and ammunition, including five semi-automatic pistols, three of which had obliterated serial numbers, one sawed-off shotgun, multiple boxes of assorted ammunition, drug paraphernalia and $195 in United States currency. Guerrier is a convicted felon and is prohibited under federal law from possessing firearms or ammunition. The charge of possession with intent to distribute crack cocaine stems from a separate incident in June 2016, in which investigators searched a storage unit which Guerrier rented in Wilkes-Barre Township and seized crack cocaine and additional amounts of ammunition.
Judge Mannion ordered that a presentence investigation take place. Sentencing will be scheduled at a later date.
The investigation was conducted by the Federal Bureau of Investigation, the Luzerne County Drug Task Force, and the Hanover Township Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Guerrier faces a maximum possible penalty of up to thirty years in prison, a term of supervised release following imprisonment, and a $1,250,000 fine
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Louisiana Man Charged with Conspiracy to Defraud the Government and Violate the Procurement Integrity Act and Lying to Federal AgentsRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Peter G. Strasser and Acting Assistant Attorney General Richard A. Powers, for the Antitrust Division of the Department of Justice, announced that Johnny Guillory, Sr., 72, of Opelousas, Louisiana, was charged in a two-count indictment by a federal Grand Jury with conspiracy to defraud the United States and to violate the Procurement Integrity Act and making false statements to federal agents.
According to the indictment, Guillory conspired with Cajan Welding & Rentals, Ltd., and other unnamed co-conspirators to defraud the United States by corrupting and impairing the government procurement process, and by obtaining non-public pricing and cost information in order to obtain subcontract awards and payments from the U.S. Department of Energy in connection with its operation of the nation’s Strategic Petroleum Reserve. From 2002 until 2016, Cajan was awarded over 50 subcontracts and received payments in excess of $15,000,000 from the U.S. Department of Energy, during which time Guillory received financial benefits from Cajan.
If convicted, Guillory faces a maximum term of five years imprisonment, fine of $250,000, a three year term of supervised release, and a special assessment of $200.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the U.S. Attorney’s Office in the Eastern District of Louisiana, Department of Justice Antitrust Division, and Department of Energy-Office of the Inspector General.
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Las Vegas Man Charged with Mailing White Powder to the New York State Gaming CommissionRead the Press Release
ALBANY, NEW YORK – Brent Carter, age 72, of Las Vegas, Nevada, was charged by criminal complaint with mailing envelopes containing suspicious powders to the New York State Gaming Commission in Schenectady, New York.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Carter was charged in a criminal complaint with conveying false information and hoaxes. He appeared yesterday in Albany federal court before United States Magistrate Judge Christian F. Hummel, and was ordered released with conditions.
Carter is accused of using the U.S. mail to send envelopes containing white power and other substances to the New York State Gaming Commission, between April 15, 2019 and January 28, 2021. Samples from all the white powder and other substances were tested and did not contain hazardous material. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge of conveying false information and hoaxes carries a maximum sentence of 5 years in prison, a 3-year term of post-imprisonment supervised release, and a fine of up to $250,000. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and the U.S. Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Richard Belliss.
Lancaster County Pharmacy and Pharmacist Agree to Resolve Civil Allegations of Dispensing Controlled Substances Without a Prescription and Falsely Billing Medicare for $2.9 MillionRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that the United States filed a civil lawsuit against Lancaster County-based McElroy Pharmacy, Inc. and Jeffrey Eshelman alleging a years-long practice of illegally dispensing opioids and other controlled substances, and billing Medicare for drugs that were not actually dispensed to beneficiaries. At the same time the civil suit was filed, the United States also filed a proposed consent judgment that, subject to the court’s approval, would resolve the lawsuit. The consent judgment would require McElroy Pharmacy and Eshelman to pay $2.9 million in civil penalties and damages under the Controlled Substances Act and False Claims Act, and would permanently prohibit them from dispensing controlled substances or obtaining another controlled substance registration in the future.
The civil lawsuit alleges that McElroy Pharmacy, which operated as a retail pharmacy in Lititz, PA, and its co-owner and pharmacist, Jeffrey Eshelman, on many occasions illegally dispensed hydrocodone and other controlled substances without requiring any prescription. As alleged in the complaint, McElroy and Eshelman did so with the knowledge that the individual to whom they dispensed hydrocodone, in one particular case, had a substance use disorder. Nonetheless, for years, they allegedly continued to dispense the opioids without any prescription. Eshelman was charged by state authorities and pled guilty to state charges in the Lancaster County Court of Common Pleas earlier this year relating to some of the conduct alleged in the federal complaint.
In addition to dispensing controlled substances without a prescription, the complaint alleges that McElroy Pharmacy and Jeffrey Eshelman submitted false billings to Medicare by billing for more expensive, brand-name medications, while dispensing the less expensive generic versions to patients. The complaint also alleges that McElroy was unable to account for tens of thousands of pills of controlled substances in an audit conducted by the Drug Enforcement Administration (DEA).
McElroy has already surrendered its pharmacy registration to the DEA. McElroy Pharmacy and Eshelman further agreed to resolve their civil liability under terms outlined in the proposed consent judgment, if accepted by the court. Among other things, McElroy and Eshelman would pay $2.9 million in civil penalties and damages under the Controlled Substances Act and False Claims Act. The proposed resolution would also permanently prevent Eshelman from distributing or dispensing any controlled substances in the future and prevent McElroy Pharmacy from ever applying for a new controlled substance registration from the DEA. Eshelman also agreed to be excluded from Medicare, Medicaid, and all other Federal healthcare programs for nine years.
“The opioid epidemic has devastated the lives of so many families and individuals across our country and this District. When healthcare providers such as pharmacists engage in illegal conduct that feeds the epidemic, our office will act,” said Acting U.S. Attorney Williams. “This civil suit and consent judgment make clear that pharmacists who engage in illegal dispensing of opioids and healthcare fraud will be held accountable.”
“Eshelman and McElroy Pharmacy are accused of gross violations of the Controlled Substances Act through their alleged distribution of powerful opioid painkillers without requiring any prescription at all,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “In addition to the consent judgment, the permanent surrender of their DEA registration will ensure that Eshelman and McElroy Pharmacy can no longer handle or dispense controlled substances in the future.”
“Pharmacies are expected to submit claims to the Medicare program for the actual products they provide to patients,” said Maureen R. Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “These civil actions demonstrate HHS-OIG and our law enforcement partners’ long-standing commitment to ensuring the integrity of the Medicare program by holding those who choose to engage in healthcare fraud and drug diversion accountable.”
The case was investigated by the Philadelphia Field Division of the Drug Enforcement Administration and the U.S. Department of Health and Human Services, Office of Inspector General. The civil investigation, litigation, and resolution are being handled by Assistant United States Attorney Anthony D. Scicchitano.
The complaint contains allegations only and does not contain any admissions, other than those made in the state criminal case. The proposed consent judgment would resolve any alleged civil liability.
Judge sentences St. Louis man for armed robbery at Family Dollar and brandishing a firearmRead the Press Release
ST. LOUIS – United States District Judge John A. Ross sentenced Michael Saffold to 121 months in prison today. The 27-year-old St. Louis, Missouri resident pleaded guilty, earlier this month, to one count of armed robbery and one count of brandishing a firearm in furtherance of a crime of violence.
On June 23, 2019, Saffold approached the register of the Family Dollar in the 8900 block of Halls Ferry Road in St. Louis, Missouri. Saffold gave the cashier money for Starburst candy. The cashier opened the cash register to complete the transaction. Saffold then displayed a black semiautomatic handgun to the cashier and demanded money. The cashier complied with Saffold’s demands and gave him all of the money in the cash register drawer. Saffold then escaped.
Family Dollar surveillance footage later revealed that moments before the robbery, Saffold took a glove from the store. Saffold then wore that glove during the robbery and left the open package of gloves in the store. Investigators took fingerprint lifts from the box of gloves. Those lifts were later matched to Saffold. Saffold was subsequently arrested and charged.
The St. Louis Metropolitan Police Department and the Federal Bureau of Investigation investigated this case.
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Judge sentences St. Louis County man for conspiracy to distribute fentanylRead the Press Release
ST. LOUIS – United States District Judge Stephen R. Clark sentenced Lewis Brown to 135 months in prison today. The 44-year-old Florissant, Missouri resident pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute fentanyl.
Beginning in October 2017, Federal Bureau of Investigation agents conducted an investigation into the distribution of controlled substances, including fentanyl, in the Eastern District of Missouri. On November 15, 2017, officers with the McAlester, Oklahoma Police Department stopped a car for speeding. Occupants of the vehicle included Brown, his two co-defendants, and the registered owner of the vehicle. Officers seized narcotics, drug paraphernalia, and $10,499 in cash from the car.
Investigators obtained a court-authorized warrant to install a GPS tracker on a car known to be driven by Brown and a co-defendant. The tracking device revealed the vehicle repeatedly traveled to a residence in the 24000 block of Sweet Lane in Waynesville, Missouri.
Agents observed multiple cars, including the car stopped for speeding in Oklahoma, make brief stops at the residence and depart shortly after, which is a common indicator of narcotics sales. The court issued a search warrant for the residence, which investigators executed on February 14, 2018. During the execution of the warrant, investigators took into custody one of Brown’s co-defendants. Officers also seized a home surveillance system, various firearms and narcotics, and cell phones.
A search warrant obtained and executed on the seized home surveillance system revealed Wilkins and a co-defendant were using the home on Sweet Lane to distribute narcotics, including fentanyl, in Waynesville.
In July 2018, investigators conducted a controlled purchase of approximately 30 grams of fentanyl and 10 grams of crack cocaine from Brown in St. Louis County. Brown conducted a hand-to-hand transaction with a confidential informant in exchange for money. Following that sale, officers searched a home in the 1200 block of Chaparall Creek Drive in Hazelwood where Brown was found to be in possession of $29,812 in cash and multiple cell phones containing a co-defendants’ contact information. Investigators also discovered an electric grinder and digital scale both containing drug residue.
Investigators subsequently learned that Brown traveled to Pulaski County two times a week for more than a year to deliver narcotics for distribution.
“Working together with other agencies pays off and helps rid our communities of drugs and illegal possession of firearms,” said Pulaski County Sheriff Jimmy Bench.
“The joint cooperation between local and federal agencies is imperative to the successful apprehension and prosecution of individuals who engage in continuing criminal activity,” said St. Louis County Police Chief Mary Barton.
The FBI, Pulaski County Sheriff’s Department and St. Louis County Police Department investigated the case. Assistant United States Attorney Geoffrey Ogden is handling the case.
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Jennifer Faith Charged with Obstructing Investigation into Husband’s DeathRead the Press Release
The wife of a Dallas man allegedly gunned down by her paramour has been charged with obstruction of justice, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Jennifer Lynne Faith, 48, was arrested at her residence in Oak Cliff on Wednesday, charged via criminal complaint with one count of destruction of an object with the intent to obstruct a federal investigation. The complaint was unsealed on Thursday. Ms. Faith will make her initial appearance before U.S. Magistrate Judge Renee Toliver on Friday.
“Even as she publicly claimed she was ‘desperate for answers’ regarding her husband’s murder, Jennifer Faith was communicating with the alleged killer, actively urging him to destroy evidence and attempting to delete incriminating communications from her phone,” said U.S. Attorney Prerak Shah. “Thanks to the dedication of our agents and officers, Ms. Faith could not keep law enforcement from identifying her husband’s killer. Even so, we cannot allow her obstruction of justice to stand. We are determined to hold her accountable for her crime.”
“Sometimes things just aren’t what they seem. Special Agents and Detectives knew Mrs. Faith was hiding something and were able to expose her darkest secrets. She was indeed entangled with the man we believe to have murdered her husband,” stated ATF Special Agent in Charge of the Dallas Field Division Jeffrey C. Boshek II. “Her cowardly attempts to utilize the media to conceal her involvement did not hamper relentless investigators. She will now face the consequences for her misdeeds.”
“I am pleased to see that there were no stones left unturned during the course of this investigation, and that our collaborative efforts have brought those involved to justice,” said Dallas Police Department Chief Eddie Garcia. “I am also excited to continue this partnership with the USDOJ in our ongoing determination to remove the criminal elements off the streets.”
According to the complaint, a search of Ms. Faith’s phone revealed she was having what she described as “a full-blown emotional affair” with Darrin Ruben Lopez, the 48-year-old Tennessee man who allegedly murdered Ms. Faith’s husband, James Faith, on Oct. 9, 2020.
Investigators determined that Mr. Lopez drove from his home in Tennessee on Oct. 9 to the Faiths’ home in Dallas, where he allegedly laid in wait until the couple left to walk their dog, then shot Mr. Faith seven times before fleeing the scene.
Ballistic tests proved that a .45 caliber handgun found inside Mr. Lopez’s home on Jan. 11, 2021 was the weapon used to kill Mr. Faith. Law enforcement agents also learned that Mr. Lopez owned a Nissan Titan pickup that matched witnesses’ description of the shooter’s vehicle. In November, law enforcement agents in Tennessee observed a distinctive “T” decal on the truck’s back window, which matched witness’ descriptions of a “T” sticker on the rear window of the shooter’s truck.
In an interview with law enforcement in January, Ms. Faith allegedly admitted that she communicated daily with Mr. Lopez via cell phone, but denied an intimate relationship.
An analysis of Mr. Lopez’s cell phone, seized after his arrest on Jan. 11, revealed that Ms. Faith and Mr. Lopez were intimately involved. Ms. Faith used her cell phone to update Mr. Lopez on her efforts to collect on Mr. Faith’s life insurance policy and to coach Mr. Lopez on how to respond to potential police questioning.
Text messages revealed that even as she publicly projected the grieving widow persona on TV, privately, Ms. Faith instructed Mr. Lopez to remove the distinctive “T” decal off of his truck – the same decal that witnesses had reported to law enforcement on the day of the murder.
“So I woke up in a little bit of a panic… something is eating away at me telling me you need to take the sticker out of the back window of the truck,” she texted Mr. Lopez on Dec. 3.
“I don’t want to just take it off all at once the girls would notice that,” he responded thirty minutes later. “But I have been working on it.”
“I have a bad feeling and I really think you need to get that sticker off ASAP….like today,” Ms. Faith texted the following day.
“Sticker done,” Mr. Lopez responded on Dec. 6, confirming he had removed the “T” sticker from his truck as Ms. Faith had instructed.
“Oh YAY!!! Thank you!!” Ms. Faith replied. “I feel SOOOOOO much better.”
Law enforcement agents conducting surveillance in Tennessee noted that the “T” sticker had been removed from Lopez’s vehicle when they observed the truck on Dec. 8.
Then, on Jan. 10, a day before Ms. Faith was scheduled to be interviewed by police, Ms. Faith texted Mr. Lopez and told him she planned to wipe down the contents on her cell phone prior to meeting with investigators.
“Don’t text me Monday. I am going to factory reset my phone on Sunday night after deleting texts,” Ms. Faith texted.
“If asked about you, you are an old friend going through a divorce. We talk every night because I am helping/giving support with the girls since you have sole custody. If it ever comes to it, I’ll answer the same way. Just so you and I have the same explanations. Just thinking in case they [law enforcement] pulled phone records and asked,” she added.
After meeting with Ms. Faith on Jan. 11, investigators searched her cell phone and determined she had deleted most of the text messages from her phone, including her texts with Mr. Lopez.
Despite the factory reset of Ms. Faith’s cell phone, investigators were able to recover the deleted text messages off of Mr. Lopez’s cell phone.
Mr. Lopez has been charged by the state with murder and by the feds with transporting a firearm in interstate commerce.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Ms. Faith and Mr. Lopez are presumed innocent until proven guilty in a court of law.
If convicted, Ms. Faith faces up to 20 years in federal prison on the obstruction count. Mr. Lopez faces up to 10 years in federal prison on the federal firearm count and up to life in a state penitentiary on the murder charge brought by Dallas County.
The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division and the Dallas Police Department’s Homicide Unit conducted the investigation with the assistance of the ATF’s Nashville Field Office, the Federal Bureau of Investigation’s Dallas Field Office, Homeland Security Investigations, the Tennessee Bureau of Investigation’s Aviation Unit, and the U.S. Attorney’s Office for the Middle District of Tennessee. NDTX Assistant U.S. Attorney Rick Calvert is prosecuting the case.
Irmo Man Sentenced to 19 Years in Federal Prison on Narcotics and Firearms ChargesRead the Press Release
Columbia, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Steve Seman Hattar, 57, of Irmo, was sentenced to 19 years in federal prison after pleading guilty to possessing with intent to distribute methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.
Evidence presented to the Court showed that, on October 31, 2019, officers from Richland County Sheriff’s Department made a traffic stop on a vehicle driven by Hattar and located suspected methamphetamine, heroin, and other narcotics, as well as three firearms and ammunition. Later that day, law enforcement searched a hotel room used by Hattar and found methamphetamine and other narcotics. Further investigation revealed Hattar had trafficked some 43 kilograms of methamphetamine and one kilogram of heroin in the six months prior to the traffic stop. Hattar had previously served a significant sentence for a federal drug crime in another state.
Senior United States District Judge Joseph F. Anderson, Jr. sentenced Hattar to 228 months in federal prison, to be followed by a ten-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Drug Enforcement Administration (DEA) and the Richland County Sheriff’s Department.
Assistant United States Attorney Katherine Flynn prosecuted the case.
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IRS Employee Charged with Tax FraudRead the Press Release
Memphis, TN – Linda Williams, 52, of Memphis, Tennessee, an Internal Revenue Service (IRS) tax examiner, was indicted for defrauding the IRS by filing false tax returns for various tax payers in the Memphis area. Williams claimed over $500,000 in false deductions for these citizens. Many of these citizens were unaware of the false deductions discovered on their tax returns. D. Michael Dunavant, U.S. Attorney, announced the indictment today.
According to the indictment, from 2015 to 2017, Williams executed a scheme to prepare and file false tax returns for friends and family members. The tax returns contained false deductions to inflate tax payers’ refunds. Specifically, these deductions were pertaining to medical expenses, charitable contributions and business expenses. Williams would then take a portion from the refunds and transfer the funds to her personal bank account.
Williams was indicted for filing (10) false tax returns. She faces up to three years imprisonment for this offense and a fine in the amount of $250,000. There is no parole in the federal system.
U.S. Attorney D. Michael Dunavant said: "Protection of the United States Treasury and individual taxpayers is a core value and critical mission for this office and the Department of Justice. Whenever there is fraud against our tax system, we will use all available resources to expose, punish, and deter such dishonest criminal behavior. I commend the outstanding investigation by our federal law enforcement partners in this important case."
The Internal Revenue Service-Criminal Investigation and the U.S. Treasury Inspector General for Tax Administration investigated this case.
The charges and allegations contained in the indictment are merely accusations of criminal conduct, not evidence. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt, and convicted through due process of law.
Assistant U.S. Attorney Damon K. Griffin is prosecuting this case on behalf of the government.
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Howard University Employee Pleads Guilty to Healthcare Fraud Government Continues Crackdown on People Who Defraud MedicaidRead the Press Release
WASHINGTON – Folashade Adufe Horne, 51, of Laurel, Maryland, pled guilty on February 17, 2021 in federal court to defrauding the D.C. Medicaid program out of more than $370,000.
The announcement was made by Acting U.S. Attorney Michael R. Sherwin; James A. Dawson, Special Agent in Charge, FBI Washington Field Office, Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C.; and Daniel W. Lucas, Inspector General for the District of Columbia.
Horne pled guilty to health care fraud in the United States District Court for the District of Columbia. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Horne faces a likely recommended sentence of between 18 and 24 months in prison. The Honorable Reggie B. Walton took the plea and scheduled sentencing for May 12, 2021.
At various times between January 2014 and June 2020, Horne was employed by four different home health agencies to serve as a personal care aide for D.C. Medicaid beneficiaries. Horne also was employed full-time by Howard University during this same period. The home health agencies employed Horne to assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Horne was supposed to document the care she provided to the Medicaid beneficiaries on timesheets and then submit the timesheets to the home health agencies, which would in turn bill Medicaid for the services that she rendered.
Horne acknowledged that between January 2014 and June 2020, she caused the D.C. Medicaid Program to issue payments totaling $373,564 for services that she did not render. As part of her fraud scheme, she submitted false timesheets to different home health agencies purporting that she provided personal care aide services that she did not provide. She claimed she provided such services during times when she actually was working her shift as a full-time employee at Howard University Hospital. She claimed to work more than twenty hours in a given day on more than 200 occasions, including 28 days when she asserted that she provided 32 hours of PCA services. She also claimed to provide personal care aide services in the District of Columbia on days when she was not even in the United States.
The FBI, the Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program. Since October 2019, six former personal care aides have been sentenced in U.S. District Court for defrauding Medicaid. Cases against two other personal care aides remain outstanding.
The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477].
Assistant U.S. Attorney Kondi Kleinman of the Fraud Section is prosecuting the case.
Honduran Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Five TimesRead the Press Release
A man who illegally returned to the United States after being deported five times was sentenced yesterday to over one year in federal prison.
Carlos Antonio Giron-Amador, age 29, a citizen of Honduras illegally present in the United States and residing in Hampton, Iowa, received the prison term after a guilty plea on November 18, 2020, to one count of illegal reentry into the United States after having been deported following a conviction for a felony.
At the guilty plea, Giron-Amador admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Giron-Amador was deported to Honduras from Texas in September 2011, May 2012, and May 2013. In November 2016, Giron-Amador was convicted in the Iowa District Court for Franklin County for operating while intoxicated (OWI). In March 2017, Giron-Amador was convicted in the Northern District of Iowa of illegally reentering the United States, a felony, and was deported a fourth time in May 2017. In April 2018, Giron-Amador was convicted in Texas of illegally entering the United States, a misdemeanor, and deported a fifth time in September 2018. Giron-Amador most recently came to the attention of immigration agents in October 2020 following an arrest in Franklin County, Iowa, related to his earlier conviction for OWI.
Giron-Amador was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Giron-Amador was sentenced to 13 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Giron-Amador is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3039.
Follow us on Twitter @USAO_NDIA.
Hazelwood Man Indicted on Drug and Gun ChargesRead the Press Release
PITTSBURGH - One resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The two-count Indictment, returned on February 3, 2021, named Robert Burkes-Kelley, 23, of the City's Hazelwood neighborhood, as the sole defendant.
According to the Indictment, on December 18, 2020, Burkes-Kelley possessed with the intent to distribute 28 grams or more of cocaine base and quantities of a heroin and fentanyl mixture, heroin, fentanyl, and cocaine. Additionally, Burkes-Kelley possessed a Springfield Arms XD Elite 9mm semiautomatic handgun; a Walther, Model PPS, 9 mm semiautomatic handgun; and a Diamond Arms, Model DB 15, semiautomatic rifle, in furtherance of the aforementioned drug trafficking crime.
The law provides for a maximum total sentence of not less than 5 years to a maximum of 40 years in prison, a fine not to exceed $4,000,000 or both for the drug trafficking charge, as well as another sentence of not less than 5 years to a maximum of life in prison, a fine not to exceed $250,000 or both for the firearms charge. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ira M. Karoll is prosecuting this case on behalf of the government.
The Allegheny County Police Department conducted the investigation leading to the Indictment in this case, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.