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Friday 19 February 2021
Justice Department Files Lawsuit Against Tampa-Area Physician, Pharmacy, and Clinic Owners for Controlled Substances Act ViolationsRead the Press Release
Tampa, FL – The United States filed a civil complaint seeking to permanently enjoin the owners of a Tampa-area clinic and pharmacy from unlawfully dispensing opioids and other controlled substances, the Department of Justice announced today.
In a complaint filed in U.S. District Court for the Middle District of Florida, the government alleges that Dr. Tobias Bacaner, Theodore Ferguson II, and Timothy Ferguson used Paragon Community Healthcare Inc., to unlawfully issue controlled substance prescriptions, and Cobalt Pharmacy Inc., to unlawfully fill controlled substance prescriptions, all in violation of the Controlled Substances Act. The complaint alleges that the defendants ignored obvious signs of abuse or diversion when issuing and filling opioid prescriptions. The complaint also alleges that drug toxicity played a role in the deaths of several individuals who received controlled substances from the defendants.
“The opioid addiction epidemic continues to devastate communities,” said Acting Assistant Attorney General Brian Boynton of the Justice Department’s Civil Division. “The Department of Justice and its law enforcement partners will hold accountable those who illegally distribute and dispense opioids.”
“The illicit proliferation and abuse of opioids, by any means, remains a growing threat to communities across the country,” said U.S. Attorney Maria Chapa Lopez for the Middle District of Florida. “When these means include the breach of trust and illegal conduct of medical professionals, for profit, it is even more disturbing. The U.S. Attorney’s Office will continue to work with its partners to investigate and prosecute those who violate their oath and put the public at risk.”
“DEA will not tolerate individuals who seek to profit from addiction and prey on vulnerable populations,” said Acting Administrator D. Christopher Evans of the Drug Enforcement Administration (DEA). “We will use every tool at our disposal to stop and bring to justice those who willfully endanger others and exacerbate the opioid epidemic.”
The complaint alleges that Bacaner, a medical doctor licensed in Florida, wrote prescriptions for potent and dangerous opioids outside the usual course of professional practice. The complaint alleges that Bacaner and his business partners, Theodore and Timothy Ferguson, profited from unlawful prescribing at the Fergusons’ cash-only pain clinic, Paragon Community Healthcare, and that patients from Paragon often took those same prescriptions to the defendants’ jointly owned pharmacy, Cobalt Pharmacy. The complaint seeks civil penalties as well as a permanent injunction against the defendants.
The claims made in the complaint are merely allegations that the United States must prove if the case proceeds to trial.
The case is being handled by Assistant U.S. Attorney Lindsay S. Griffin, and Trial Attorney Scott Dahlquist of the Justice Department’s Consumer Protection Branch. The investigation is being conducted by the DEA’s Tactical Diversion Squad in the Tampa District Office.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Feb. 17 was:
Travis Rusty Wallace, 18, of Lodge Grass, on charges of arson. If convicted of the most serious crime, Wallace faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Wallace was detained pending further proceedings. The FBI investigated the case. PACER case reference. 20-137.
Appearing on Feb. 19 and pleading not guilty was:
Quinn Henry Jessen, 38, of Miles City, on charges of conspiracy to commit wire fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Jessen faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the conspiracy and fraud counts and a minimum mandatory consecutive two years in prison, a $250,000 fine and one year of supervised release on the identity theft count. Jessen was detained pending further proceedings. The Billings Police Department investigated the case. PACER case reference. 20-128.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Individual Indicted for Armed Robbery of Gas Station in BayamónRead the Press Release
SAN JUAN, Puerto Rico – On February 10, 2021, a federal grand jury returned a two-count indictment charging Rey Omar Pagán-Hernández with the armed robbery of gas station, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the indictment, on July 5, 2020, Rey Omar Pagán-Hernández robbed at gunpoint a Toral gas station located at 101 Magnolia Avenue in Bayamón. He stole approximately $800 and merchandise.
Assistant U.S. Attorney Juan Carlos Reyes-Ramos of the Violent Crimes and National Security Section is in charge of the prosecution of the case. The Federal Bureau of Investigation is in charge of the investigation. If convicted, the defendant faces a sentence in excess of seven years in prison.
An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.
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Houston Women Sentenced for Trading Illegal Drugs for Automatic WeaponsRead the Press Release
BEAUMONT, Texas – Two Houston women have been sentenced for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Cristal Lagunas, 26, and Iris Venture, 22, were indicted by a federal grand jury and charged with conspiracy to possess with intent to distribute cocaine and methamphetamine on March 18, 2020. They pleaded guilty in September 2020. Today, both defendants were sentenced to 135 months in federal prison by U.S. District Judge Marcia A. Crone.
“This case exemplifies how multiple federal law enforcement agencies can work together to take down those involved in the illegal drug trade,” said Acting U.S. Attorney Nicholas J. Ganjei. “We will continue to bring all resources to the fight against unlawful narcotics and firearms trafficking.”
According to information presented in court, on March 10, 2020, Lagunas and Ventura met an undercover federal agent at a credit union in Beaumont, Texas, to exchange a kilogram of methamphetamine and $600 cash for three fully automatic AK-47 rifles.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Hospice Administrator Sentenced for Role in Hospice Fraud SchemeRead the Press Release
The administrator of a Southern California hospice was sentenced Thursday to 30 months in prison for his role in a multimillion dollar hospice fraud scheme.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Assistant Director in Charge Kristi K. Johnson of the FBI’s Los Angeles Field Office, and Special Agent in Charge Timothy B. DeFrancesca of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office made the announcement.
Antonio Olivera, 80, of Norwalk, was also ordered to pay $2,193,914 in restitution. Olivera pleaded guilty to one count of conspiracy to commit health care fraud in November 2020. Three co-conspirators have pleaded guilty and are awaiting sentencing.
As part of his guilty plea, Olivera admitted that from 2011 to 2018, while acting as administrator for Mhiramarc Management LLC (Mhiramarc), a hospice located in Downey, California, Olivera and others paid illegal kickbacks to patient recruiters for the referral of hospice beneficiaries to Mhiramarc. Further, when clinical staff at Mhiramarc determined beneficiary referrals did not qualify to receive hospice services, Olivera overruled those determinations and nonetheless caused the beneficiaries to be put on hospice service.
Olivera and co-conspirators caused Mhiramarc to submit approximately $28 million in claims to Medicare, which resulted in the company being paid over $17 million. Olivera was personally responsible for $4,769,982 in false and fraudulent claims to Medicare, resulting in Medicare paying Mhiramarc $2,984,914 for medically unnecessary hospice services for beneficiaries, many of whom had been recruited through illegal kickbacks.
This case was investigated by the FBI’s Los Angeles Field Office and HHS-OIG’s Los Angeles Regional Office. Trial Attorneys Justin Givens and Claire Yan of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Grand Jury - February 2021Read the Press Release
United States Attorney Joe Kelly announced the federal Grand Jury for the District of Nebraska has returned 17 unsealed Indictments charging 19 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Clifford R. Badberg, age 64, is charged with bank theft for stealing an ATM from Giltner State Bank on or about February 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Edward J. Barta, age 45, of Papillion, Nebraska, is charged with drug user in possession of a firearm on or about December 20, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Manuel Castro Gabriel, age 26, is charged with illegal reentry after deportation on or about December 21, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Blake D. Colson, age 29, of Omaha, is charged with theft of firearms on or about November 8, 2020 and continuing to on or about January 5, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit firearms seized on or about January 5, 2021.
* Gilbert Cruz Hernandez, age 45, of Hemet, California, is charged with possession with intent to distribute 50 grams or more of methamphetamine on or about August 8, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Robert D. Dankemeyer, age 60, of Deshler, Nebraska, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) between on or about June 22, 2020 and June 27, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with felon in possession of a firearm between on or about June 22, 2020 and June 27, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Kaden Henry, age 22, is charged in a two-count Indictment. Count I charge the defendant with conspiracy and possession with intent to distribute 50 grams or more of methamphetamine on or about November 2016 and continuing to on or about November 12, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, five-year term of supervised release, and a $100 special assessment. Count II charges the defendant with concealment money laundering on or about November 2016 and continuing to on or about November 12, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, a $500,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Delbert Lewis, age 27, is charged with a felon in possession of a firearm on or about December 21, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Carlos Lomeli-Jimenez, age 37, is charged with illegal reentry after deportation on or about February 3, 2021, following an aggravated felony conviction. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Craig S. Marsh, age 32, of Kearney, Nicole T. Beattie, a/k/a Nicole T. Barr, age 28, of Kearney, and Jeremy S. Gerdes, age 37, of Kearney, are charged in a two-count Indictment. Count I charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) and 50 grams or more of methamphetamine (mixture) on or about October 29, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Marsh with distribution of 5 grams or more of methamphetamine (actual) on or about October 26, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment.
* Victor Gerado Mendez-Gil, age 32, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about February 16, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Luis D. Pelayo Alcantar, age 26, is charged with illegal reentry after deportation on or about October 5, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Monty Roesler, age 61, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Roesler with abusive sexual contact of a ward on or about October 7, 2020. The maximum possible penalty if convicted is two years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment. Count II charges the defendant with abusive sexual contact of a ward on or about September 21, 2020 and continuing to on or about October 6, 2020. The maximum possible penalty if convicted is two years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* William J. Stafford, age 43, of Omaha, is charged in a two-count Indictment. Count I charges the defendant with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about November 7, 2020. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, four-year term of supervised release, and a $100 special assessment. Count II charges the defendant with felon in possession of a firearm on or about June 26, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Lloyd Torske, age 35, of Carter Lake, Iowa, is charged in a two-count Indictment. Count I charges the defendant with felon in possession of ammunition on or about December 29, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with felon in possession of a firearm on or about January 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jerrell S. Tyndall, age 25, of Macy, Nebraska, is charged in a two-count Indictment. Count I charges Tyndall with being a felon in possession of a firearm on or about January 14, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with tampering with documents or proceedings on or about February 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Lonnie Woodhull, age 20, is charged with interstate transportation of a stolen vehicle on or about December 18, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Georgia Man Charged for Conspiracy to Distribute Nearly 75 Pounds of MethamphetamineRead the Press Release
LAS VEGAS, Nev. – A Georgia man who was traveling cross-country with nearly 75 pounds of methamphetamine in a commercial vehicle made his initial appearance in federal court on Thursday, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada, Assistant Special Agent in Charge Daniel Neill for the Drug Enforcement Administration (DEA), and Colonel Anne Carpenter for the Nevada Department of Public Safety (DPS) - Highway Patrol Division (NHP).
Jaquavius Trishun Powell, 26, of Monroe, Georgia, was charged with one count of conspiracy to distribute a controlled substance and one count of possession with intent to distribute a controlled substance. Powell made his initial appearance before U.S. Magistrate Judge Elayna J. Youchah who scheduled a preliminary hearing for March 4, 2021.
According to allegations in the complaint, on February 15, 2021, the Nevada Highway Patrol conducted a traffic stop on a commercial pickup truck that was towing an unregistered enclosed trailer. Powell was driving the truck, which was going north on I-15 near Flamingo Road. Powell stated that he and a passenger were traveling without a load from San Diego, California to Monroe, Georgia. During an inspection of the trailer, approximately 74 pounds of methamphetamine were recovered. Powell also had a firearm in a bag in the trailer, and the passenger concealed a firearm under the rear passenger seat.
If convicted, Powell faces a mandatory minimum of 10 years in prison, and a maximum statutory penalty of life in prison.
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. Every defendant is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the DEA and DPS-NHP.
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Former Vermillion Township Clerk Charged with $650,000 Wire Fraud SchemeRead the Press Release
United States Attorney Erica H. MacDonald today announced a felony information charging MARYANN HELEN STOFFEL, 70, of Hastings, Minn., with one count of wire fraud. STOFFEL will make her initial appearance before a Judge in U.S. District Court at a later date.
According to the allegations in the information, from December 2012 through October 2020, STOFFEL used her position as the Clerk of the Township of Vermillion, an elected position, to misappropriate more than $650,000 of Township funds. Although, in her role as Clerk, STOFFEL had signature authority over the Township’s bank account, Township checks required at least two signatures. As part of the fraud scheme, STOFFEL, at times, forged the signatures of the Township’s Treasurer and the Chairman of the Township Board on Township checks. At other times, STOFFEL solicited signatures from the Township’s Treasurer and the Chairman of the Township Board on blank Township checks by falsely representing that she would use the checks to pay the Township’s bills. Instead of using the funds to pay the Township’s bills, STOFFEL transferred the funds to her personal bank account for her own use and benefit. STOFFEL concealed her fraud from the Township and from the State of Minnesota by excluding the unauthorized payments to herself on the Township’s annual report.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorney Kimberly A. Svendsen is prosecuting the case.
The charges contained in the information are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defendant Information:
MARYANN HELEN STOFFEL, 70
Hastings, Minn.
Charges:
- Wire fraud, 1 count
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Former U.S. Air Force Member Sentenced for Receipt of Child PornographyRead the Press Release
ALEXANDRIA, Va. – A Virginia man who was dishonorably discharged from the U.S. Air Force was sentenced today to seven years in prison for receiving images of child sexual abuse and failing to maintain his sex offender registration as required.
“Bryson Miller not only accessed and retained thousands of videos and images of child sexual abuse from the dark web, but he also failed to update his sex offender registration while employed in a position in which he interacted with children,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Protecting society’s most vulnerable and innocent members—including children—is a top priority for EDVA and the Department of Justice.”
According to court documents, Bryson McNeal Miller, 40, of Alexandria, received a substantial amount of child pornography over the course of several years by accessing sites on the “dark web.” Miller retained thousands of these videos and images of child sexual abuse on various electronic devices in his possession. Additionally, Miller failed to maintain an accurate record of his employment with the Virginia sex offender registry, in that Miller failed to inform authorities that he was employed at a northern Virginia martial arts studio where some of his students were children. Miller was required to register as a sex offender due to a 2006 conviction for possession of child pornography while Miller was serving in the U.S. Air Force.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton.
Assistant U.S. Attorney Seth Schlessinger prosecuted the case.
The FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force, composed of FBI agents and local, state, and federal partners, investigated the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-200.
Final Defendant—A Drug Supplier in D.C. and Prince George’s County Drug Conspiracy—Pleads Guilty to Federal ChargesRead the Press Release
Baltimore, Maryland – Thomas Parker III, a/k/a “June,” age 52, of Washington, D.C., pleaded guilty yesterday to federal charges related to his participation in a conspiracy to distribute fentanyl, heroin, and powder and crack cocaine. Eight co-defendants previously pleaded guilty to their roles in the drug conspiracy.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Interim Chief Hector Velez of the Prince George’s County Police Department; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; and Charles County Sheriff Troy Berry.
According to his guilty plea, from September 2017 to July 2018, Parker and his co-conspirators distributed heroin, fentanyl, and powder and crack cocaine to drug users and distributors in the Maryland and D.C. area. Specifically, Parker supplied heroin and cocaine to co-defendants Arsenio Cleckley (a major narcotics trafficker in Maryland and Washington, D.C), and Diamante Hailey.
As detailed in his plea agreement, on March 9, 2018, Parker and Cleckley spoke over the phone, and Parker told Cleckley that he was serving time in a halfway house, but that a co-conspirator could supply drugs to Cleckley until Parker was released. Shortly thereafter, the co-conspirator sold heroin to Cleckley. Cleckley later complained to Parker that the heroin he got from the co-conspirator was diluted too much. On March 12, 2018, Parker arranged to supply Cleckley with 28 grams of heroin and 31 grams of cocaine. The next day, Cleckley told Parker he wanted to purchase “28 plus 10,” which meant he wanted 28 grams of heroin for himself and 10 grams of heroin for one of his associates. During the conversation, Cleckley again complained about the quality of the heroin he had previously obtained from the co-conspirator. Later on March 13, 2018, Cleckley called Hailey and told him that he had obtained 10 grams of heroin on Hailey’s behalf from Parker.
Parker admitted that on March 15, 2018, he distributed 28 grams of heroin to Cleckley in exchange for $1,800. Cleckley then contacted Hailey to let him know that Cleckley was going to direct heroin users to Hailey’s location so that the users could purchase heroin from Hailey. Later the same day, Cleckley told Hailey that Cleckley intended to purchase an additional 28 to 30 grams of heroin from Parker that Cleckley could split with Hailey.
Between March 20 and May 25, 2018, Parker and Cleckley continued to negotiate drug transactions, including a conversation where Cleckley asked Parker to lower the price he was charging for a gram of heroin, and conversations in which Parker advised Cleckley that Hailey and Cleckly owed him money. During one such call on May 25, 2018, Cleckley told Parker that he recently “fell in a hole” when one of Cleckley’s distributors, James Belt, was arrested with 32.5 grams of crack cocaine on May 18, 2018, in Accokeek, Maryland.
Parker and the government have agreed that, if the Court accepts the plea, Parker will be sentenced to between 78 and 120 months in federal prison. U.S. District Judge Theodore D. Chuang has scheduled sentencing for July 15, 2021 at 12 p.m.
Co-defendants Arsenio Cleckley, a/k/a Bund, age 31 of Accokeek, Maryland; Diamante Lacelle Hailey, a/k/a Tay, age 27 of Clinton, Maryland; James Belt, a/k/a JB, age 32, of Lanham, Maryland; Alphonso Leroy Anthony Black, a/k/a Kobe, age 24 of Temple Hills, Maryland; Terri Bordeaux, a/k/a CeCe and Auntie, age 49, of Washington, D.C.; Christina Marshall, a/k/a Chrissy, age 31, of Accokeek; Devin Simmons, age 42, of Marbury, Maryland; and William Stewart, a/k/a Lil’ Will, age 23, also of Marbury, all previously pleaded guilty. Simmons, Belt, and Hailey were sentenced to five years in federal prison, 54 months in federal prison, and time served—approximately 22 months, respectively, each followed by three years of supervised release. The remaining defendants are awaiting sentencing.
This case is also part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Acting United States Attorney Jonathan F. Lenzner commended HSI, the Prince George County Police Department, the DEA, and the Charles County Sheriff’s Office for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney’s Erin B. Pulice and Jennifer L. Wine, who is prosecuting the case.
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Federal Officials Close Investigation into February 2017 Arrest of Michael FesserRead the Press Release
PORTLAND, Ore.—The U.S. Attorney Office for the District of Oregon announced today that the federal criminal investigation into the arrest of Portland resident Michael Fesser on February 25, 2017 has been closed after finding insufficient evidence to support federal criminal prosecution.
In February 2020, the U.S. Attorney’s Office, the Justice Department’s Civil Rights Division, and the FBI opened a criminal investigation into the circumstances surrounding Mr. Fesser’s arrest following media reports that the West Linn Police Department had settled a civil lawsuit with Mr. Fesser. This federal investigation sought to determine whether the evidence of events leading to Mr. Fesser’s arrest was sufficient to prove beyond a reasonable doubt that any officers’ actions violated federal criminal civil rights or public corruption statutes.
The FBI conducted an independent investigation of the facts surrounding Mr. Fesser's arrest. It interviewed 18 people, including Mr. Fesser, current and former police officers, current and former City of West Linn City employees, and community members. The FBI received approximately 28,000 pages of material in response to 24 subpoenas, including investigative records, training and disciplinary records, phone records, and financial records.
After examining the circumstances surrounding Mr. Fesser’s arrest and the evidence gathered, the FBI and career Justice Department prosecutors from the U.S. Attorney’s Office and the Civil Rights Division concluded that they could not prove beyond a reasonable doubt that officers involved in Mr. Fesser’s arrest willfully violated Mr. Fesser’s civil rights or federal public corruption statutes. In this case, under the applicable federal criminal civil rights laws, the government would have to prove beyond a reasonable doubt that Mr. Fesser’s constitutional rights were violated and, if a violation occurred, the actions taken by law enforcement officers were willful.
Willfulness requires proof that an officer acted with the specific intent to do something the law forbids. It is not enough to show that an officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment. Here, the government cannot prove that the manner in which Mr. Fesser was arrested violated a federally protected right, or that the actions taken by law enforcement officials were willful as defined above.
To the extent that the criminal investigation into Mr. Fesser’s arrest raised issues concerning the broader policies and practices of the West Linn Police Department, the U.S. Attorney’s Office has taken steps to connect West Linn and its police department to national community oriented policing technical assistance.
The Justice Department remains committed to investigating wrongful arrest allegations and will continue to devote the resources required to ensure that all allegations of civil rights violations are thoroughly examined. The department aggressively prosecutes criminal civil rights violations whenever there is sufficient evidence to do so and pursues alternatives when there is not.
Federal Information Technology Contractor Agrees to Pay More Than $6 Million to Settle Federal False Claims Act Allegations of OverbillingRead the Press Release
Baltimore, Maryland – Virginia-based Information Innovators, Inc. (Triple-I) has agreed to pay the United States $6.05 million to resolve allegations that a predecessor company, Creative Computing Solutions, Inc. (CCSi), violated the False Claims Act by knowingly overbilling the U.S. Department of Homeland Security (DHS) for work performed by CCSi employees who lacked required job qualifications.
The settlement was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division; and Inspector General Joseph V. Cuffari of the Department of Homeland Security Office of Inspector General.
“Defense contractors are required to bill for costs actually incurred, and to be truthful in the claims they submit to federal agencies,” said Acting U.S. Attorney Jonathan F. Lenzner. “The U.S. Attorney’s Office and our partners are committed to protecting taxpayer dollars and ensuring integrity and compliance with federal agency standards.”
“Contractors that knowingly overcharge the government will be held accountable,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department will ensure that that those who do business with the government, and seek taxpayer funds, do so fairly and in accordance with their contractual commitments.”
“DHS OIG remains committed to protecting government programs, and American taxpayers who contribute to them, from fraudsters,” said Inspector General Joseph V. Cuffari. “Our agency, working closely with our law enforcement partners, will continue to root out these unlawful contracting fraud schemes.”
Triple-I, which provides information technology (IT) services and solutions to federal agencies, acquired Maryland-based CCSi in 2015. CCSi formerly provided IT services to DHS pursuant to an Enterprise Acquisition Gateway for Leading Edge Solutions Contract (EAGLE Contract). The settlement resolves allegations that, from October 2007 to April 2014, CCSi knowingly submitted claims for payment to DHS for work performed by CCSi employees who lacked required job qualifications. CCSi allegedly violated the terms of the EAGLE Contract by using under-qualified personnel who were billed to DHS at higher rates reserved for more qualified employees.
The claim resolved by this settlement is an allegation. The settlement is not an admission of liability by CCSi, nor a concession by the United States that its claims are not well founded.
The settlement was a result of an investigation by the U.S. Attorney’s Office for the District of Maryland, the Department of Justice Civil Division’s Commercial Litigation Branch - Fraud Section, and the DHS Office of Inspector General, Major Frauds and Corruption Unit. Acting United States Attorney Jonathan F. Lenzner and Acting Assistant Attorney General Brian Boynton commended the DHS Office of the Inspector General for their work in the investigation and thanked Assistant U.S. Attorney Tarra DeShields and Trial Attorney Jake M. Shields of the U.S. Department of Justice’s Civil Division, Fraud Section, who handled this case.
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Federal Contractor Agrees to Pay More Than $6 Million to Settle Overbilling AllegationsRead the Press Release
Virginia-based Information Innovators Inc. (Triple-I) has agreed to pay the United States $6.05 million to resolve allegations that a predecessor company, Creative Computing Solutions Inc. (CCSi), violated the False Claims Act by knowingly overbilling the U.S. Department of Homeland Security (DHS) for work performed by CCSi employees who lacked required job qualifications.
Triple-I, which provides IT services and solutions to federal agencies, acquired Maryland-based CCSi in 2015. CCSi formerly provided IT services to DHS pursuant to an Enterprise Acquisition Gateway for Leading Edge Solutions Contract (EAGLE Contract). The settlement resolves allegations that, from October 2007 to April 2014, CCSi knowingly submitted claims for payment to DHS for work performed by CCSi employees who lacked required job qualifications. CCSi allegedly violated the terms of the EAGLE Contract by using under-qualified personnel who were billed to DHS at higher rates reserved for more qualified employees.
“Contractors that knowingly overcharge the government will be held accountable,” said Acting Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The department will ensure that that those who do business with the government, and seek taxpayer funds, do so fairly and in accordance with their contractual commitments.”
“Defense contractors are required to bill for costs actually incurred, and to be truthful in the claims they submit to federal agencies,” said Acting U.S. Attorney Jonathan F. Lenzner for the District of Maryland. “The U.S. Attorney’s Office and our partners are committed to protecting taxpayer dollars and ensuring integrity and compliance with federal agency standards.”
“DHS OIG remains committed to protecting government programs, and American taxpayers who contribute to them, from fraudsters,” said Inspector General Joseph V. Cuffari. “Our agency, working closely with our law enforcement partners, will continue to root out these unlawful contracting fraud schemes.”
The settlement was a result of a joint investigation by the Civil Division’s Commercial Litigation Branch (Fraud Section), the U.S. Attorney’s Office for the District of Maryland, and the Department of Homeland Security Office of the Inspector General’s Major Frauds and Corruption Unit. The claims resolved by the settlement are allegations only and there has been no determination of liability.
Federal Charges Against Stanford University Researcher ExpandedRead the Press Release
A federal grand jury issued a superseding indictment charging Chen Song with visa fraud, obstruction of justice, destruction of documents, and false statements in connection with a scheme to conceal and lie about her status as a member of the People’s Republic of China’s military forces while in the United States, the Justice Department announced yesterday.
“We allege that while Chen Song worked as a researcher at Stanford University, she was secretly a member of China’s military, the People’s Liberation Army,” said U.S. Attorney David L. Anderson for the Northern District of California. “When Song feared discovery, she destroyed documents in a failed attempt to conceal her true identity. This prosecution will help to protect elite institutions like Stanford from illicit foreign influences.”
"Members of the Chinese People's Liberation Army cannot lie on their visa applications and come to the United States to study without expecting the FBI and our partners to catch them." said Assistant Director Alan E. Kohler Jr. of the FBI's Counterintelligence Division. "Time and again, the Chinese government prioritizes stealing U.S. research and taking advantage of our universities over obeying international norms."
“The FBI’s investigation revealed Song Chen took active steps to destroy evidence of her official affiliation with the Chinese military, including her current PLA credentials depicting her in military dress uniform,” said Special Agent in Charge Craig D. Fair of the FBI's San Francisco Field Office. “The FBI is committed to protecting academic institutions in the Bay Area from PRC military officers who knowingly and willfully lie about their military affiliations to access American research and development. We will exhaust all investigative techniques and measures to ensure the safety, security, and hard work of American universities.”
The superseding indictment expands on the allegations set out in an affidavit supporting a criminal complaint filed on July 17, 2020, and an indictment filed on Jan. 7, 2021. According to the superseding indictment, Song, 39, a Chinese national, entered the United States on Dec. 23, 2018, using a J-1 non-immigrant visa to conduct research at Stanford University. Song obtained the J-1 visa, a document “for individuals approved to participate in work-and study-based exchange visitor programs” with an application she submitted in November 2018.
In that application, Song described herself as a neurologist who was coming to the United States to conduct research at Stanford University related to brain disease. As part of the application, Song stated that she had served in the Chinese military only from Sept. 1, 2000, through June 30, 2011. She further stated that her employer was “Xi Diaoyutai Hospital” located at “No. 30 Fucheng Road, Beijing, 100142,” and that her highest rank was “STUDENT.” The superseding indictment alleges that these were lies, and that Song was a member of the People’s Liberation Army (PLA), the Chinese military, when she entered and while she was in the United States, and that the hospital she listed on her visa as her employer was a cover for her true employer, the PLA Air Force General Hospital in Beijing.
The superseding indictment also adds allegations and charges of obstructive conduct by Song. Specifically, the superseding indictment alleges that Song found out about a case against another PLA member, who was charged on June 7, 2020, in the Northern District of California with visa fraud. The superseding indictment alleges that she then attempted to delete a digital folder of documents on an external hard drive that she possessed containing records relating to her military service and visa fraud, including:
- A digital version of a letter from Song, written in Chinese and addressed to the People’s Republic of China consulate in New York, in which Song explained that her stated employer, “Beijing Xi Diaoyutai Hospital” was a false front, and that because relevant approval documents were classified, she had attempted to mail them;
- An image of Song’s PLA credentials, with a photograph of her in military dress uniform, covering the time period from July 2016 to July 2020; and
- A digital version of a resume for Song, written in Chinese, again with a photograph of her in military dress uniform and listing her employer as the Air Force General Hospital.
Further, according to the superseding indictment, Song lied to FBI agents when interviewed, denying any affiliation with the PLA after 2011, and information associating Song with the PLA or Air Force General Hospital began to disappear from the Internet after the FBI’s investigation of Song was known to her. Finally, the superseding indictment alleges that, after Song had been charged by criminal complaint in this case, she selectively deleted relevant emails from that account, including certain emails relevant to her military service, employment, and affiliations.
Song is charged with visa fraud, in violation of 18 U.S.C. § 1546(a); obstruction of official proceedings, in violation of 18 U.S.C. § 1512(c)(2); two counts of alteration, destruction, mutilation, or concealment of records, in violation of 18 U.S.C. § 1512(c)(1); and making false statements to a government agency, in violation of 18 U.S.C. § 1001(a)(2).
An indictment merely alleges that a crime has been committed and Song, like all defendants, is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, she faces a maximum statutory penalty of up to 10 years in prison and a fine of $250,000 for the visa fraud count; up to 20 years in prison and a fine of $250,000 for each of the obstruction and alteration charges; and up to five years in prison and a fine of $250,000 for the false statements charge. In addition, the court may order additional terms of supervised release. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Song’s next appearance is scheduled for April 7, 2021, at 12:00 p.m. PST, before the Honorable William Alsup, U.S. District Judge, for pretrial conference, with a trial scheduled to begin on April 12, 2021.
The FBI San Francisco Field Office led the investigation. The U.S. Attorney’s Office Special Prosecutions Section is prosecuting the case.
Fargo Man Sentenced for Attempting to Derail a BNSF TrainRead the Press Release
Fargo – United States Attorney Drew Wrigley announced that U.S. District Court Chief Judge Peter D. Welte sentenced Skylar Dayne Goodman, age 19 of Fargo, ND, to four days’ incarceration followed by three years of supervised released for attempting to derail a Burlington Northern Santa Fe (BNSF) train in violation of 18 U.S.C. § 1992(a)(1) and corruptly attempting to obstruct an official proceeding in violation of 18 U.S.C. § 1512(c)(2). Judge Welte also ordered Goodman to pay $3,124 in restitution to BNSF Railway.
On May 7, 2020, a BNSF train was traveling from Brenkenridge, Minnesota to Black Thunder Mine in Wyoming when it approached a crossing one mile west of Casselton at which point it encountered a rough track. The crew on the train immediately reported the rough track and that same evening a train inspector discovered a re-railer. A re-railer is a tool used by railroading contractors to place a train back on the track after a derailment and they’re capable of causing a train to derail. A Re-railer is typically painted bright yellow in the event it is inadvertently left on the track. The re-railer discovered on the railroad track on the evening of May 7, 2020, was spray-painted black.
An investigation by the BNSF and FBI revealed that Skylar Goodman placed the rerailer on the track on the evening of May 7, 2020. Following his arrest for attempting to derail the train, an acquaintance of the defendant’s contacted law enforcement with an incredulous story that exonerated the defendant. Further investigation by BNSF and the
FBI revealed that this individual was threatened by defendant to fabricate a story that falsely exonerated defendant’s involvement in the attempted train derailment.
"This defendant planned and attempted a serious attack on critical infrastructure and human life, and then he obstructed the federal investigation," said United States Attorney Drew Wrigley, who added that "while we respect the judge in this matter, we take strong exception to a sentence that allows the defendant to walk free, avoiding the applicable guideline sentence of 2 to 2-1/2 years in federal prison."
This case was investigated by the Federal Bureau of Investigation, BNSF Police Department and Cass County Sheriff’s Department, and was prosecuted by Assistant United States Attorney Jennifer Puhl.
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Fairbanks Man Indicted for Murder for Hire PlotRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Roger Keeling, 54, of Fairbanks has been indicted by a federal grand jury in a superseding indictment for murder for hire. A federal grand jury indicted Keeling last month for Stalking.
According to court documents, Keeling allegedly strangled his girlfriend in October 2020. Keeling pleaded to a misdemeanor assault charge in state court, and upon release, over the course of several weeks and while on ankle monitoring, violated court orders not to contact her numerous times. Keeling continued to harass and contact the victim by emailing her, following her and leaving notes for her, slashing her vehicle tires, and placing her in fear for her life. Keeling was arrested for stalking her. In January 2021, Keeling allegedly devised and solicited a murder for hire plot targeting her.
If convicted Keeling could face a sentence of up to 10 years for his attempt to arrange a murder for hire in addition to the sentence that may be imposed on the charges previously filed. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation and the Alaska State Troopers (AST) conducted the investigation leading to the indictment in this case. This case is being prosecuted by Assistant U.S. Attorney Dan Doty.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The charges in the indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dubuque Felon Who Provided Gun to New Year’s Day Shooter Sentenced to Federal PrisonRead the Press Release
A man who handed a loaded handgun to another felon, who then shot a third person, was sentenced today to eight years in federal prison.
Katwan Montez Brown, age 27, from Dubuque, Iowa, received the prison term after an August 25, 2020 guilty plea to being a felon in possession of a firearm. Evidence at sentencing showed that Brown handed a loaded pistol to Derrick Timmons after Timmons had been in an argument in the street during the early morning hours of New Year’s Day 2020. Video evidence showed that, shortly after Brown gave Timmons the pistol, Timmons shot multiple times from the doorway of a home, striking one individual. After the shooting, Brown left the house and ran to an alleyway behind it, returning moments later. Dubuque police officers later found a pistol in the alleyway, as well as a cell phone and identification belonging to Brown. Brown’s fingerprints were found on the magazine inside the pistol, and shell casings outside the residence from where Timmons shot matched the pistol that had Brown’s fingerprints. At sentencing, the judge found that Brown’s conduct in handing Timmons the loaded firearm before the shooting set in motion all of the events, and commented that “this is not the Wild West.” Brown had previously been convicted of felony forgery and felony possession with intent to distribute marijuana in 2013 and felony possession of contraband in a correctional facility in 2018. He was also convicted of domestic abuse assault with strangulation and domestic abuse assault causing bodily injury in 2015, and domestic abuse assault causing bodily injury, second offense, in 2017.
Brown was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Brown was sentenced to 96 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.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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 /media/1122011/dl?inline.
This case was made possible in part by evidence from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
Brown is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-01013-2-CJW-MAR.
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Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Dominican national who previously resided in Middleton was sentenced today in federal court in Boston for illegal reentry.
Joaquin Diaz, 39, was sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to 36 months in prison and three years of supervised release. Diaz will also be subject to deportation upon completion of his sentence. In October 2019, Diaz pleaded guilty to one count of unlawful reentry of deported alien.
On May 21, 2014, Diaz was encountered in Middleton. Diaz was previously deported in in 2007. At some point after each deportation, he illegally reentered the United States. Diaz was charged in this case in November 2018.
United States Attorney Andrew E. Lelling and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Dietary Supplement Executive Sentenced in Scheme to Fraudulently Sell Popular Dietary SupplementsRead the Press Release
A federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah and Acting Assistant Attorney General Brian Boynton of the Department of Justice’s Civil Division.
On Feb. 19, 2021, U.S. District Judge Sam A. Lindsay sentenced former S.K. Laboratories Vice President Sitesh Patel, 37, of Irvine, California, to 41 months’ imprisonment and one year of supervised release. The court previously ordered Patel’s former company, S.K. Laboratories, to forfeit $6 million in connection with the case.
According to documents filed in the case, Patel played a key role in developing and manufacturing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based USPlabs.
In pleading guilty in 2019 to conspiracy to introduce misbranded food into interstate commerce, Patel and several of his co-defendants admitted that they imported substances with false and misleading labeling to avoid law enforcement and regulatory agency attention.
Patel also pleaded guilty to introduction of misbranded food into interstate commerce. The misbranding charges relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the U.S. Food and Drug Administration (FDA) into whether the supplement caused liver injuries in consumers.
An indictment returned by a Dallas federal grand jury in 2015 against Patel and four other individuals associated with USPlabs alleged that the defendants sold some of their products without determining whether they would be safe to use.
“Dietary supplement manufacturers must not be allowed to mislead the public about untested ingredients mixed into their products,” said Acting U.S. Attorney Prerak Shah. “We are proud to hold this defendant accountable for lying to the public about ingredients that had the potential to cause them harm.”
“Consumers should not have to question whether the dietary supplements they find on store shelves will cause them physical harm,” said Acting Assistant Attorney General Brian Boynton. “This case demonstrates the department’s commitment to working with our agency partners to prosecute individuals and companies that defraud the public and place consumers at risk.”
“FDA regulation of the manufacturing and distribution of dietary supplements helps ensure the safety of American consumers. Illegal schemes to subvert FDA’s oversight and trick the public into buying a product that does not meet FDA standards create a serious threat to public health,” said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work with our law enforcement partners to investigate and bring to justice those who put profits ahead of the health of U.S. consumers.”
“The defendant knowingly profited by deceiving American consumers, causing harm to them by concealing the true ingredients of a product intended to improve the very health it damaged,” said Acting Special Agent in Charge Mark Pearson of the IRS-Criminal Investigation, Dallas Field Office. “Working to prosecute those people and institutions who endanger consumers is something the IRS-CI is dedicated to continuing to pursue with our partners in law enforcement.”
The court previously sentenced Jacobo Geissler, 44, of University Park, Texas, the CEO of USPlabs, to 60 months’ imprisonment, and Jonathan Doyle, 41, of Dallas, the president of USPlabs, to 24 months’ imprisonment for their roles in the fraud. The court also sentenced defendants Cyril Willson, 40, of Ralston, Nebraska, a former consultant for USPlabs, and Matthew Hebert, 42, of Dallas, a co-owner of the company, to 18 months’ and 15 months’ imprisonment, respectively. In addition, USPlabs was ordered to pay $4.7 million in criminal forfeiture.
The case was investigated by Special Agent Chad Medaris of the FDA’s Office of Criminal Investigations and Special Agent Larissa Wilson of the IRS-Criminal Investigation. The case was prosecuted by Trial Attorneys Patrick Runkle, David Sullivan, and Raquel Toledo with the Consumer Protection Branch of the Department of Justice’s Civil Division, and Assistant U.S. Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.
Dietary Supplement Executive Sentenced in Scheme to Fraudulently Sell Popular Dietary SupplementsRead the Press Release
A federal court in Texas sentenced a former dietary supplement company executive to prison for his role in fraudulently selling popular workout supplements, the Justice Department announced today.
On Feb. 19, 2021, U.S. District Judge Sam A. Lindsay sentenced former S.K. Laboratories Vice President Sitesh Patel, 37, of Irvine, California, to 41 months’ imprisonment and one year of supervised release. The court previously ordered Patel’s former company, S.K. Laboratories, to forfeit $6 million in connection with the case.
According to documents filed in the case, Patel played a key role in developing and manufacturing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based USPlabs. In pleading guilty in 2019 to conspiracy to introduce misbranded food into interstate commerce, Patel and several of his co-defendants admitted that they imported substances with false and misleading labeling to avoid law enforcement and regulatory agency attention. Patel also pleaded guilty to introduction of misbranded food into interstate commerce. The misbranding charges relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the U.S. Food and Drug Administration (FDA) into whether the supplement caused liver injuries in consumers. An indictment returned by a Dallas federal grand jury in 2015 against Patel and four other individuals associated with USPlabs alleged that the defendants sold some of their products without determining whether they would be safe to use.
“Consumers should not have to question whether the dietary supplements they find on store shelves will cause them physical harm,” said Acting Assistant Attorney General Brian Boynton of the Department of Justice’s Civil Division. “This case demonstrates the department’s commitment to working with our agency partners to prosecute individuals and companies that defraud the public and place consumers at risk.”
“Dietary supplement manufacturers must not be allowed to mislead the public about untested ingredients mixed into their products,” said Acting U.S. Attorney Prerak Shah for the Northern District of Texas. “We are proud to hold this defendant accountable for lying to the public about ingredients that had the potential to cause them harm.”
“FDA regulation of the manufacturing and distribution of dietary supplements helps ensure the safety of American consumers. Illegal schemes to subvert FDA’s oversight and trick the public into buying a product that does not meet FDA standards create a serious threat to public health,” said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “We will continue to work with our law enforcement partners to investigate and bring to justice those who put profits ahead of the health of U.S. consumers.”
“The defendant knowingly profited by deceiving American consumers, causing harm to them by concealing the true ingredients of a product intended to improve the very health it damaged,” said Acting Special Agent in Charge Mark Pearson of the IRS-Criminal Investigation, Dallas Field Office. “Working to prosecute those people and institutions who endanger consumers is something the IRS-CI is dedicated to continuing to pursue with our partners in law enforcement.”
The court previously sentenced Jacobo Geissler, 44, of University Park, Texas, the CEO of USPlabs, to 60 months’ imprisonment, and Jonathan Doyle, 41, of Dallas, the president of USPlabs, to 24 months’ imprisonment for their roles in the fraud. The court also sentenced defendants Cyril Willson, 40, of Ralston, Nebraska, a former consultant for USPlabs, and Matthew Hebert, 42, of Dallas, a co-owner of the company, to 18 months’ and 15 months’ imprisonment, respectively. In addition, USPlabs was ordered to pay $4.7 million in criminal forfeiture.
The case was investigated by Special Agent Chad Medaris of the FDA’s Office of Criminal Investigations and Special Agent Larissa Wilson of the IRS-Criminal Investigation. The case was prosecuted by Trial Attorneys David Sullivan, Patrick Runkle, and Raquel Toledo with the Consumer Protection Branch of the Department of Justice’s Civil Division, and Assistant U.S. Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Texas, visit its website at https://www.justice.gov/usao-ndtx.
Des Moines Man Sentenced to Four Years Probation, Six Months Home Confinement for Illegal Storage of Hazardous WasteRead the Press Release
Des Moines, IA—On February 19, 2021, Russell Allen McKeehan, Sr., age 60, of Des Moines, appeared before United States District Court Judge Rebecca Goodgame Ebinger and was sentenced to four years of probation for storage of hazardous waste without a permit. The sentence includes a six-month term of home confinement. McKeehan pleaded guilty to this offense on October 14, 2020.
McKeehan, doing business as Chrome Reflections, operated a chrome and metal plating and polishing business. He ceased chrome and metal processes at the East 14th Street facility around March 2013. After, he continued to store over 3,800 kilograms of hazardous wastes, including corrosive chemicals and reactive cyanide at the location. Cleanup of the site began in September 2016 and concluded in November 2017 and cost $79,926. The Court ordered McKeehan pay restitution in the amount of $49,926 toward the cleanup costs.
“Hazardous wastes pose serious public health and environmental dangers, so it’s imperative they be handled and disposed of safely and legally,” said Special Agent in Charge Lance Ehrig of the EPA’s criminal enforcement program in Iowa. “Today’s sentencing sends a clear signal that EPA and its law enforcement partners are committed to holding individuals accountable who violate the environmental laws that protect the health of our communities.”
“Our office will continue to aggressively enforce these important environmental laws to protect the citizens of the Southern District of Iowa,” said Acting United States Attorney Richard D. Westphal. “This case demonstrates the committed partnership between the EPA and the United States Attorney’s Office to protect the environment and ensure individuals and companies follow the law.”
This matter was investigated by the Environmental Protection Agency Criminal Investigation Division (EPA-CID). The case was prosecuted by the United States Attorney's Office for the Southern District of Iowa.
Cresco, Iowa, Man Pleads Guilty to CyberstalkingRead the Press Release
A man who used Facebook and the mail to stalk another person pled guilty today in federal court in Cedar Rapids.
Michael Shawn McGuire, age 57, from Cresco, Iowa, was convicted of four counts of cyberstalking.
At the plea hearing, McGuire admitted that he used Facebook and the mail to engage in conduct to harass and intimidate another person and cause substantial emotional distress to that person. Evidence from a previous hearing in this case established that between August 25, 2018, and May 25, 2019, numerous yard signs were posted where the victim resided in Minnesota. The signs were sexually explicit and contained the victim’s name, telephone number, address, and email address. During this same time period, various friends, family members, and associates of the victim received sexually explicit mailings with semi-nude photos of the victim. In addition, various Facebook profiles sent similar semi-nude photos to some of the victim’s contacts through Facebook and various fake dating profiles associated with the victim were created.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. McGuire remains in custody of the United States Marshal pending sentencing. McGuire faces a possible maximum sentence of 20 years’ imprisonment, a possible $250,000 fine per count, and up to 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorneys Ashley Corkery and Kyndra Lundquist. This case was investigated by the Minnesota Kandiyohi County Sheriff’s Office, the Willmar, Minnesota Police Department, the Litchfield Minnesota Police Department, the Minnesota Renville County Sheriff’s Office, the Minnesota Pipestone County Sheriff’s Office, the Cresco, Iowa Police Department, the Minnesota Bureau of Criminal Apprehension, and the Iowa Division of Criminal Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2075.
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Chicago Man Charged with Sex Trafficking of a MinorRead the Press Release
CHICAGO — A federal grand jury has indicted a Chicago man for allegedly transporting a minor from Wisconsin to Illinois to engage in commercial sex acts.
The two-count federal indictment charges WILLIAM MCBETH, also known as “Tony,” 35, with sex trafficking of a minor and transporting that victim from Wisconsin to Illinois for purposes of prostitution. The sex trafficking count is punishable by a minimum prison sentence of ten years and a maximum term of life, while the transportation charge is punishable by up to ten years. McBeth is currently in law enforcement custody. Arraignment in federal court in Chicago has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The Chicago Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Michelle Petersen.
According to the indictment and a criminal complaint previously filed in the case, the minor victim was 15 years old in December 2015 when McBeth enticed her to engage in commercial sex acts in the Chicago area. McBeth transported her to various locations in Chicago and the surrounding suburbs to engage in commercial sex acts, and on at least one occasion brought her from Wisconsin back to Illinois for that purpose, according to the charges.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
Cedar Rapids Man Headed to Prison for Possessing Drugs and GunsRead the Press Release
A man who possessed multiple firearms and drugs was sentenced today to more than eight years in federal prison.
Daniel James Abbott, age 48, from Cedar Rapids, Iowa, received the prison term after a September 2, 2020 guilty plea to possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime.
Documents filed earlier in the case show that in September 2019, Abbott was arrested with a backpack containing methamphetamine and marijuana-based edibles. Officers recovered a firearm a short distance away and Abbott was wearing a gun holster. Law enforcement officers searched two businesses run by Abbott. Officers located methamphetamine, marijuana, drug paraphernalia, another firearm, and $50,000 in cash at one business. In October 2019, officers searched Abbott’s residence and recovered methamphetamine, drug paraphernalia, and approximately 4,732 rounds of ammunition in various caliber
Abbott was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Abbott was sentenced to 105 months’ imprisonment and fined $20,000. He was ordered to pay $4,736 in attorney fees. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Abbott 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 Emily K. Nydle and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Hiawatha Police Department, the Cedar Rapids Police Department, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Linn County Sheriff’s Office, the Marion Police Department, the Iowa Division of Narcotics Enforcement, and the Drug Enforcement Administration.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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 /media/1122011/dl?inline
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-cr-00032.
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Buffalo Man Charged with COVID Relief FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – A Buffalo, New York man was charged in a criminal complaint unsealed today for his alleged participation in a scheme to defraud multiple financial institutions by filing bank loan applications that fraudulently sought forgivable Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney James P. Kennedy, Jr. for the Western District of New York, Special Agent in Charge Patricia Tarasca of the Federal Deposit Insurance Corporation – Office of Inspector General (FDIC-OIG), Special Agent in Charge William Kalb of the U.S. Treasury Inspector General for Tax Administration’s Office of Inspector General’s (TIGTA-OIG’s) North East Field Office, Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office, and Special Agent in Charge Amaleka McCall-Brathwaite of the Small Business Administration’s Office of Inspector General (SBA-OIG), Eastern Region made the announcement.
Christian Johnson, 23, of Buffalo, was charged by criminal complaint with wire fraud, bank fraud, and false statements to a financial institution.
The complaint alleges that Johnson submitted multiple fraudulent PPP loan applications on behalf of a company called Million Man LLC (Million Man) to at least three financial institutions. The complaint alleges that these applications contained numerous false and misleading statements about Million Man’s business and operations, including the number of employees and average monthly payroll. The complaint further alleges that in support of the fraudulent loan applications, Johnson submitted falsified federal tax documents payroll records.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding, and in December 2020, Congress authorized another $284 billion in additional funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses for payroll costs, interest on mortgages, rent and utilities. The PPP allows the interest and principal to be forgiven if businesses spend the proceeds on these expenses within a set time period and use at least a certain percentage of the loan towards payroll expenses.
A federal criminal complaint is merely an allegation. A defendant is presumed innocent until proven guilty.
This case was investigated by the FDIC-OIG, TIGTA-OIG, FBI, and SBA-OIG. Trial Attorneys Joshua N. DeBold and Matthew Reilly of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David J. Rudroff of the U.S. Attorney’s Office of the Western District of New York are prosecuting the case.
The Fraud Section leads the Department’s prosecution of fraud schemes that exploit the PPP. In the nine months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $60 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/ppp-fraud.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Bronx Tax Preparer Pleads Guilty to $3 Million Tax FraudRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Jonathan D. Larsen, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today that ROBERTO PEREZ RAMIREZ, the owner of a tax preparation business named RAP Tax Service in the Bronx, New York, pled guilty to 10 counts of aiding and assisting the preparation of false and fraudulent income tax returns for the tax years 2013 to 2016. As part of the plea agreement, RAMIREZ agreed to make restitution to the IRS in the amount of $2,974,547. RAMIREZ pled guilty this morning before U.S. District Judge Andrew L. Carter Jr.
Manhattan U.S. Attorney Audrey Strauss said: “As he admitted in court today, Roberto Ramirez submitted false and fraudulent tax returns on behalf of numerous taxpayers, often falsely claiming dependents, nonexistent charitable deductions, or bogus business expenses on behalf of clients who paid Ramirez to do so. Now he awaits sentencing for his admitted crimes.”
IRS-CI Special Agent in Charge Jonathan D. Larsen said: “The defendant’s admissions today, at the kickoff of the filing season, are a timely reminder of the vital need for the taxpayer to do their due diligence in choosing a preparer. A preparer who is claiming to offer an unusually large return or one who is charging exorbitant fees should automatically raise red flags with the taxpayer.”
According to the allegations contained in the Information to which RAMIREZ pled guilty, RAMIREZ’s plea agreement, and statements made in court:
Through his Bronx tax preparation business, RAP Tax Service, RARMIREZ prepared and filed nearly 3,000 individual income tax returns on behalf of taxpayers for the tax years 2013 to 2016.
On many of the returns that he prepared for the tax years 2013 to 2016, RAMIREZ falsely claimed dependents who were not in fact dependents of the named taxpayers. The false dependents included real persons located in Puerto Rico, among other places. By including false dependents, RAMIREZ fraudulently inflated the refunds that could be obtained on the named taxpayers’ returns. RAMIREZ sometimes charged clients a $1,000 fee to add a false dependent.
In addition to reporting false dependents, RARMIREZ also reported false Schedule A deductions, such as gifts to charity or unreimbursed employee business expenses, and false Schedule C business expenses. By including false Schedule A deductions and false Schedule C expenses, RAMIREZ fraudulently inflated the refunds that could be obtained on the named taxpayers’ returns.
For the tax years 2013 through 2016, RAMIREZ’s scheme caused an estimated tax loss to the IRS of approximately $3 million.
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RAMIREZ, 59, of Hackensack, New Jersey, pled guilty to 10 counts of aiding and assisting the preparation of false and fraudulent income tax returns for the tax years 2013 to 2016. Each count carries a maximum sentence of three years in prison. As part of the plea agreement, RAMIREZ has agreed to pay restitution to the IRS in the amount of $2,974,547. RAMIREZ is scheduled to be sentenced by Judge Carter on June 25, 2021, at 10:00 a.m.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the outstanding investigative work of IRS-CI in this case.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Alexander Li is in charge of the prosecution.
Boca Raton Resident Who Threatened to Kill FBI Agents Charged in West Palm Beach Federal CourtRead the Press Release
Miami, Fl. – South Florida federal prosecutors have charged a 59-year-old woman from Boca Raton with making a communication in interstate commerce that threatened to kill agents from the Federal Bureau of Investigation (FBI).
According to the allegations in the criminal complaint affidavit, the FBI received an online tip to the National Threat Operation Center (NTOC) on January 16, 2021, that Suzanne Kaye posted information on her Facebook page that she was present at the United States Capitol in Washington, D.C., on January 6, 2021. On January 28, 2021, agents contacted Kaye by phone and informed her of the FBI’s interest in interviewing her about her travel to Washington, D.C. on January 6, 2021. Kaye asked the agents if they had proof that she traveled to Washington D.C., says the affidavit. Agents stated that the FBI would like to interview her about her travel. Kaye denied having traveled to Washington D.C., but claimed she was aware of individuals who did travel there. She agreed to speak with the FBI and provided her current address in Boca Raton, Florida.
The complaint affidavit also alleges that on January 31, 2021, at approximately 10:38 p.m., Kaye posted a video on her Facebook page titled “ANGRY Patriot Hippie” which was captioned, “F--- the FBI!!” In the video, Kaye announced that she received a telephone call from the FBI asking about her travel to Washington D.C. Kaye then told her audience in the video that she will not talk to the FBI without counsel, and that she will exercise “my second amendment right to shoot your f------ ass if you come here,” implying that she will use violence against FBI Agents if they come to her residence. On that same day, Kaye posted the same video to her Instagram and TikTok social media platforms as well, alleges the affidavit.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI, made the announcement.
Kaye had her initial appearance this week before a federal magistrate judge in West Palm Beach, where law enforcement officers arrested her. A bond hearing has been scheduled for February 24, 2021.
FBI West Palm Beach is handling the investigation. Assistant U.S. Attorney Mark Dispoto of the Southern District of Florida is prosecuting the case.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
You may find related court documents on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 21-mj-08055.
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Birmingham Man Pleads Guilty for Fraud on Fallen Huntsville Police Officer’s Memorial FundRead the Press Release
BIRMINGHAM, Ala. – A Birmingham man pleaded guilty today to fraud on customers of the U.S. Postal Service, and fraud on the memorial fund set up to provide aid to the family of a fallen Huntsville Police officer, announced U.S. Attorney Prim F. Escalona, U.S. Postal Inspector In Charge, Houston Division, Adrian Gonzalez, and FBI Special Agent in Charge Johnnie Sharp, Jr.
DEVONTE LEMOND HAMMONDS, 27, pleaded guilty to one count of access device fraud and one count of wire fraud. In December 2019, Hammonds devised a scheme to fraudulently obtain money from the Billy Clardy Memorial Fund. Billy Clardy was a Huntsville Police officer killed in the line of duty in 2019. After Officer Clardy’s death, a memorial fund was established to collect contributions and provide aid to his family.
According to the plea agreement, Hammonds used the identity of another person to open a bank account and transfer funds from the Billy Clardy Memorial Fund bank account to the fictitious account for his own use. Hammonds also devised a scheme to defraud customers of the U.S. Postal Service. Hammonds used the U.S. Postal Service website to reroute mail from numerous U.S. Postal Service customers to addresses in Birmingham that he could access, used the rerouted mail to obtain personal identifying information of those customers, and used that information to pay bills, make purchases, and open new accounts.
The maximum penalty for access device fraud is ten years in prison and a $250,000 fine. The maximum penalty for wire fraud affecting a financial institution is thirty years in prison and a $250,000 fine.
The FBI and USPIS investigated the case, which Assistant U.S. Attorneys J.B. Ward and Michael Pillsbury are prosecuting.
Thursday 18 February 2021
Zuni Pueblo man sentenced to ten years in prison for injuring two children in drunk driving crashRead the Press Release
ALBUQUERQUE – Stanton Sanchez, 33, of Zuni Pueblo, New Mexico, and an enrolled member of the Zuni Pueblo, was sentenced on Feb. 17 in federal court to 10 years in prison for assault of two minors resulting in serious bodily injury in Indian Country.
Sanchez pleaded guilty on Jan. 8, 2020. In his plea agreement, Sanchez admitted to driving recklessly while intoxicated and hitting two children who were walking in a residential area on the Zuni Pueblo in McKinley County on July 22, 2018. Sanchez’s blood alcohol content was more than twice the legal limit. As a result of the crash, both children suffered serious injuries. At the time of the incident, the victims were 10 and 11 years old.
The Zuni Tribal Police Department investigated this case. Assistant U.S. Attorney Allison Jaros prosecuted the case.
Woman Pleads Guilty After Robbing Man at GunpointRead the Press Release
A Tulsa woman pleaded guilty today in federal court for her role in robbing a man at gunpoint at a local hotel, announced U.S. Attorney Trent Shores.
Rebecca Raye Jackson, 33, pleaded guilty to conspiracy to use or carry a firearm during and in relation to a crime of violence and to robbery in Indian Country.
“The victim in this case found himself staring into the barrel of a shotgun after Rebecca Jackson and her coconspirator lured him to a hotel with intent to steal his money and belongings,” said U.S. Attorney Trent Shores. “This office will hold accountable individuals who place lives in jeopardy and ensure justice for victims of crime.”
In her plea agreement, Jackson admitted that on Sept. 26, 2020, she conspired with another individual to lure the victim into a room at a Super 8 Hotel in Tulsa with the promise of sex. When the victim walked into the room, the two women locked the door, and Jackson pointed a shotgun at the victim and robbed him. She took the victim’s money, keys, wallet and cell phone.
Chief U.S. District Judge John E. Dowdell set sentencing for May 24, 2021.
The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorney Ryan Heatherman is prosecuting the case.
Wolf Point man admits sexually abusing minorRead the Press Release
GREAT FALLS — A Wolf Point man today admitted charges that he sexually abused a minor on the Fort Peck Indian Reservation, Acting U.S. Attorney Leif Johnson said.
Christopher George Follette, 33, pleaded guilty to sexual abuse of a minor as charged in an indictment. Follette faces a maximum 15 years in prison, a $250,000 fine and five years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for May 27 and ordered Follette detained.
The prosecution said in court documents that in 2019 and 2020, Follette sexually abused a minor, identified as Jane Doe, who was between the ages of 12 and 16, on the Fort Peck Indian Reservation.
Assistant U.S. Attorney Jared Cobell is prosecuting the case, which was investigated by the FBI, Fort Peck Law Enforcement Services and Wolf Point Police Department.
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Wilmington Man Sentenced to 99 Months for Gun OffenseRead the Press Release
NEW BERN, N.C. – Antonio Blake Spencer, 32, of Wilmington, North Carolina was sentenced today to 99 months in prison for possession of a firearm by a convicted felon. Spencer was charged with one count of felon in possession of a firearm on April 30, 2019 and pled guilty on October 17, 2020.
According to court documents and other information, on April 21, 2019, while on probation for multiple prior state offenses, including a felony drug conviction, Spencer was involved in an altercation with a pregnant female in the Houston Moore housing complex in Wilmington. During the altercation – which was captured on Wilmington Housing Authority surveillance video – Spencer brutally assaulted the female. The female ultimately was able to flee the scene. Moments later, Spencer was approached by a male subject and the two fought for several minutes. During the struggle, a gun Spencer had in his waistband, dropped to the ground and was ultimately used to shoot Spencer multiple times. Spencer was treated and released from the hospital two days later. Just nine days after the shooting incident, on April 30, 2019, law enforcement located Spencer in an effort to serve him with arrest warrants for assault on a female and assault on an unborn child arising from the April 21, 2019 incident. At the time of arrest, Spencer again had a firearm on his person, along with a quantity of PCP in his vehicle. During a post-arrest interview, Spencer admitted to possessing the firearms from both the April 21 and April 30 incidents.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The North Carolina 6th Judicial District Attorney’s Office, Wilmington Police Department, New Hanover County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) investigated the case, and Assistant U.S. Attorney Bryan Stephany prosecuted the case.
This case is also 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 United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-CR-00092-FL.
Virginia Inmate Pleads Guilty and Gets 20-Month Sentence for Conspiring to Launder Drug Trafficking Proceeds in PrisonRead the Press Release
PITTSBURGH – Sterling Marshall pled guilty and was sentenced to 20 months in prison for conspiring to launder drug-trafficking proceeds between 2017 and 2019, United States Attorney Scott W. Brady announced today.
Marshall, age 26 of Allegheny County, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan directed that the prison sentence be served consecutively to the federal prison sentence Marshall was serving for prior heroin-trafficking and firearm crimes.
Marshall was incarcerated at USP-Lee in Virginia in 2017 and 2018 when he conspired to launder the proceeds of the distribution of Schedule I synthetic cannabinoid controlled substances. Such substances have caused severe illness and deaths throughout the United States in recent years.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the Federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
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.
Vessel Operator and Engineers Sentenced for Oil Waste Discharge OffensesRead the Press Release
WASHINGTON – A vessel operating company was sentenced today in Hagatna, Guam, for illegally discharging oil into Apra Harbor, Guam, and for maintaining false and incomplete records relating to the discharges of oily bilge water from the vessel Kota Harum.
Pacific International Lines (Private) Limited (PIL), Chief Engineer Maung Maung Soe, and Second Engineer Peng Luo Hai admitted that oily bilge water was illegally dumped from the Kota Harum directly into the ocean and into Apra Harbor, Guam, without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. The defendants also admitted that these illegal discharges were not recorded in the vessel’s oil record book as required by law.
“This case was particularly egregious as it not only involved oily waste discharges out at sea, but also in the Port of Guam itself,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “I’d like to thank the stevedores at the Port of Guam who reported the oil discharge to authorities. The Department of Justice and our partner agencies will continue to ensure that polluters who threaten our natural resources are held fully accountable under the law.”
“This case demonstrates our continued commitment to enforcing federal environmental laws in our districts,” said U.S. Attorney Shawn N. Anderson of the Districts of Guam and the Northern Mariana Islands. “We will not allow our waters to be dumping grounds for vessel owners and their crews. The substantial penalties imposed by the court are a strong measure of accountability for these unconscionable acts.”
“This case is a strong example of how the U.S. Coast Guard environmental protection missions safeguard our shared natural resources,” said Josh Empen, Deputy Commander, Coast Guard Sector Guam. “We are very thankful to have an expert team of pollution investigators, port state control examiners, and Coast Guard Investigative Service agents who are dedicated to the mission and allowed referral of the case to the U.S. Attorney. I would also like to thank the professional men and women of the Port Authority of Guam who reported the illegal discharge to the National Response Center.”
Specifically, on Oct. 4, 2019, Hai, who was employed by PIL, used the Kota Harum’s emergency fire/ballast pump to discharge oily bilge water directly overboard, leaving an oil sheen upon the water of Apra Harbor. Additionally, Soe, who was also employed by PIL, admitted that excessive leaks in the vessel caused oily bilge water to accumulate in the vessel’s engine room bilge at a rate that exceeded the oil water separator’s (required pollution prevention machinery) processing capacity.
Rather than repairing these leaks before continuing to sail or storing the oily bilge water in holding tanks to be discharged to shore-side reception facilities, it was the routine practice onboard the Kota Harum to discharge the oily bilge water directly overboard into the ocean. Soe then failed to record these improper overboard discharges in the vessel’s oil record book. Additionally, Soe admitted that he altered the vessel’s sounding log so that it would appear as though oily bilge water was being stored in the vessel’s holding tank instead of being pumped overboard.
PIL pleaded guilty to five felony violations of the Act to Prevent Pollution from Ships for failing to accurately maintain the Kota Harum’s oil record book, and one felony violation of the Clean Water Act for knowingly discharging oil into a water of the United States in a quantity that may be harmful. The judge sentenced PIL to pay a total criminal penalty of $3 million and serve a four- year term of probation, during which all vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan.
Soe and Hai previously pleaded guilty and were sentenced to two years of probation and one year of probation, respectively. Additionally, both Soe and Hai are prohibited from serving as engineers onboard any commercial vessels bound for the United States during their respective terms of probation.
This case was investigated by the U.S. Coast Guard Sector Guam and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Trial Attorney Stephen Da Ponte of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Marivic P. David for the Districts of Guam and the Northern Mariana Islands.
Vessel Operator and Engineers Sentenced for Oil Waste Discharge OffensesRead the Press Release
A vessel operating company was sentenced today in Hagatna, Guam, for illegally discharging oil into Apra Harbor, Guam, and for maintaining false and incomplete records relating to the discharges of oily bilge water from the vessel Kota Harum.
Pacific International Lines (Private) Limited (PIL), Chief Engineer Maung Maung Soe, and Second Engineer Peng Luo Hai admitted that oily bilge water was illegally dumped from the Kota Harum directly into the ocean and into Apra Harbor, Guam, without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. The defendants also admitted that these illegal discharges were not recorded in the vessel’s oil record book as required by law.
“This case was particularly egregious as it not only involved oily waste discharges out at sea, but also in the Port of Guam itself,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “I’d like to thank the stevedores at the Port of Guam who reported the oil discharge to authorities. The Department of Justice and our partner agencies will continue to ensure that polluters who threaten our natural resources are held fully accountable under the law.”
“This case demonstrates our continued commitment to enforcing federal environmental laws in our districts,” said U.S. Attorney Shawn N. Anderson of the Districts of Guam and the Northern Mariana Islands. “We will not allow our waters to be dumping grounds for vessel owners and their crews. The substantial penalties imposed by the court are a strong measure of accountability for these unconscionable acts.”
“This case is a strong example of how the U.S. Coast Guard environmental protection missions safeguard our shared natural resources,” said Josh Empen, Deputy Commander, Coast Guard Sector Guam. “We are very thankful to have an expert team of pollution investigators, port state control examiners, and Coast Guard Investigative Service agents who are dedicated to the mission and allowed referral of the case to the U.S. Attorney. I would also like to thank the professional men and women of the Port Authority of Guam who reported the illegal discharge to the National Response Center.”
Specifically, on Oct. 4, 2019, Hai, who was employed by PIL, used the Kota Harum’s emergency fire/ballast pump to discharge oily bilge water directly overboard, leaving an oil sheen upon the water of Apra Harbor. Additionally, Soe, who was also employed by PIL, admitted that excessive leaks in the vessel caused oily bilge water to accumulate in the vessel’s engine room bilge at a rate that exceeded the oil water separator’s (required pollution prevention machinery) processing capacity.
Rather than repairing these leaks before continuing to sail or storing the oily bilge water in holding tanks to be discharged to shore-side reception facilities, it was the routine practice onboard the Kota Harum to discharge the oily bilge water directly overboard into the ocean. Soe then failed to record these improper overboard discharges in the vessel’s oil record book. Additionally, Soe admitted that he altered the vessel’s sounding log so that it would appear as though oily bilge water was being stored in the vessel’s holding tank instead of being pumped overboard.
PIL pleaded guilty to five felony violations of the Act to Prevent Pollution from Ships for failing to accurately maintain the Kota Harum’s oil record book, and one felony violation of the Clean Water Act for knowingly discharging oil into a water of the United States in a quantity that may be harmful. The judge sentenced PIL to pay a total criminal penalty of $3 million and serve a four-year term of probation, during which all vessels operated by the company and calling on U.S. ports will be required to implement a robust Environmental Compliance Plan.
Soe and Hai previously pleaded guilty and were sentenced to two years of probation and one year of probation, respectively. Additionally, both Soe and Hai are prohibited from serving as engineers onboard any commercial vessels bound for the United States during their respective terms of probation.
This case was investigated by the U.S. Coast Guard Sector Guam and the U.S. Coast Guard Investigative Service. The case is being prosecuted by Trial Attorney Stephen Da Ponte of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Marivic P. David for the Districts of Guam and the Northern Mariana Islands.
U.S. Attorney Brandon J. Fremin Announces His DepartureRead the Press Release
United States Attorney Brandon J. Fremin announced today that he has submitted his resignation as United States Attorney for the Middle District of Louisiana, effective February 28, 2021. Mr. Fremin was appointed by President Donald J. Trump to the position of United States Attorney in February 2018.
U.S. Attorney Fremin stated, “Serving our nation, our state, and our community as the United States Attorney has been the highest honor of my career as a prosecutor. I will always remain grateful for being entrusted with the awesome responsibility of leading an office of the highest caliber attorneys and support staff, who have earned a great reputation for fairness, diligence, and honesty in the pursuit of justice. The success of the office belongs to them, and they have my admiration and respect. I also wish to thank our many law enforcement partners on the local, state, and federal levels, whose tireless and unwavering dedication to public safety were critical in striving to achieve our common goal of making our communities safer.”
As U.S. Attorney, Mr. Fremin’s priorities have been protecting Americans from terrorism and threats to national security as well as combating violent crime, cyber threats, the opioid epidemic, and fighting healthcare and disaster fraud. Protecting the country’s most vulnerable – children, the elderly, and victims of exploitation – has also been a focus of Mr. Fremin’s office.
As the chief federal law enforcement officer in the Middle District of Louisiana, Mr. Fremin oversaw the investigation and prosecution of all federal criminal violations within the district. Under Mr. Fremin’s leadership, the Criminal Division has aggressively fought violent crime by pursuing violent offenders. In his first year in office, these efforts resulted in an increase in the prosecution of gun cases of 103% compared to the average of the prior four years and in the following year, 2019, resulted in an increase of 176% in gun case convictions compared to the average of the prior four years. Relationships with state, local, and community leaders and law enforcement agencies were strengthened, and through the Organized Crime Drug Enforcement Task Force (OCDETF), Mr. Fremin led his office to amplify efforts in removing violent criminals from the streets. In one operation alone, 43 offenders were prosecuted, one of the largest such prosecutions in the history of the district, and in various other operations, major drug traffickers and violent criminals were sent to federal prison with large sentences of 300 months, 360 months, 384 months, and life.
Mr. Fremin’s tenure as the United States Attorney was not without challenges. Among them were the longest government shutdown in American history; nationwide civil unrest, riots, and violence; and a viral pandemic unlike any other since 1918. Despite the challenges, the Middle District continued to obtain successful results. With the Department of Justice committed to strengthening efforts to reduce gun violence, Mr. Fremin oversaw the implementation of two new DOJ initiatives. The first to launch was Project Guardian, a nationwide initiative to reduce gun violence and enforce federal firearms laws through information-sharing and enforcing gun prohibitions based on domestic violence convictions and mental health denials. Under this initiative, a Baton Rouge man was convicted of multiple firearms violations, including possession of a firearm by a person adjudicated as a mental defective in the first federal trial in the Middle District during COVID-19 restrictions. The second initiative, focusing on domestic violence, was launched in 2020 and was implemented to work with state and local prosecutors and law enforcement agencies to generate domestic violence referrals involving firearms. Mr. Fremin and his office, along with local District Attorneys, were at the forefront of this initiative, creating educational materials for distribution and conducting a statewide CLE training on the federal response to domestic violence crimes to generate more federal referrals in Louisiana. Additionally, during Mr. Fremin’s tenure, Baton Rouge was designated as one of ten new National Public Safety Partnership (PSP) sites, whose goal was to focus on areas with elevated violent crime rates. Mr. Fremin and his office collaborated with local leadership in areas such as data collection and analysis; violence reduction initiatives; crime-science research findings; and ways to enhance partnerships in the community to reduce violence and increase public safety.
Under Mr. Fremin’s direction, white collar criminals were vigorously prosecuted. Among them included one of the largest healthcare prosecutions in our district involving a genetic testing scheme with a loss of $240 million to Medicare. This prosecution was in concert with four other federal districts engaged in a sweeping federal law enforcement action that resulted in charges in five federal districts against 35 defendants associated with dozens of telemedicine companies and cancer genetic testing laboratories for their alleged participation in one of the largest health care fraud schemes ever charged. According to the charges, these defendants fraudulently billed Medicare more than $2.1 billion nationally for these tests. Other white collar prosecutions included the former President of Our Lady of the Lake Foundation for wire fraud and money laundering and a former Southern University band director for embezzlement. Mr. Fremin’s tenure also saw the prosecution and sentencing of a Florida man sentenced to 121 months for an investment fraud scheme involving Baton Rouge area victims, all of whom were elders, and which resulted in the forfeiture of nearly $4 million in assets through seizures including over $2 million in a Swiss Bank account, all of which has been returned to the victims; the conviction and sentencing (144 months) of a Baton Rouge man for multi-million dollar bank and wire fraud schemes; the conviction of a financial adviser sentenced to 168 months in federal prison for stealing $1.1 million from elderly investors; and the conviction and sentencing of a Zachary man to 195 months for production of child pornography.
Throughout his time as the United States Attorney, Mr. Fremin was committed to the prosecution of those persons who violated the civil rights of others, including the conviction of a former major at Louisiana State Penitentiary at Angola for beating a handcuffed and shackled inmate. Recently, the Middle District joined forces with the U.S. Attorneys for the Eastern and Western Districts of Louisiana and the Department of Justice’s Civil Rights Division in D.C. for a civil investigation under the Civil Rights of Institutionalized Persons Act (CRIPA) into the Louisiana Department of Public Safety and Corrections’ prisoner release practices and policies.
Under Mr. Fremin’s leadership, the office’s commitment to law enforcement and our communities went beyond the courtroom. During his tenure, the U.S. Attorney’s law enforcement community outreach program sponsored and conducted trainings for over 2,400 state and local law enforcement officers from over 105 agencies across the state of Louisiana and beyond. Topics included Gangs and Drugs, Protecting Churches, Officer-Involved Shoots, Opioid/Fentanyl Procedures, Meth Investigations, Jail Gang Intelligence, Pharmaceutical Drug Investigations, Follow the Money, and many, many more.
Mr. Fremin led the Civil Division in fighting healthcare fraud, protecting the interests of the United States, aggressively pursuing the forfeiture of criminal proceeds, and ensuring the collection of millions of dollars in criminal and civil judgments for federal programs and victims of crime. Notable achievements in the Civil Division included a $13.42 million settlement under the False Claims Act with the Louisiana Department of Health; a $2.5 million settlement against home health companies who defrauded the Medicare and Louisiana Medicaid programs; a $1.262 million false claims settlement against Louisiana pediatric dental providers for defrauding Louisiana Medicaid; and the successful resolution of a 40 year old desegregation case in St. Helena Parish. Mr. Fremin’s leadership saw an increase in criminal and civil asset forfeitures and criminal and civil collections, with over $30 million collected by the Civil Division’s Asset Recovery Unit and the majority of that amount returned to victims of crimes.
During his tenure as U.S. Attorney, Mr. Fremin also served as the Executive Director of the National Center for Disaster Fraud (“NCDF”). The NCDF receives and processes disaster fraud-related complaints nationwide and facilitates complaints to the appropriate federal, state, and local investigative agencies. Since March 1, 2018, the NCDF has received and processed over 28,000 disaster-related complaints. Under Mr. Fremin’s leadership, the NCDF quickly engaged in the fight against COVID fraud, as directed by the Attorney General, and has received and processed over 18,000 COVID-related complaints since March 2020. The NCDF team reviewed, identified, and referred a multitude of matters to numerous agencies, including, but not limited to, the Federal Trade Commission, the Federal Bureau of Investigation, the Food and Drug Administration, the Department of Labor – OIG, local authorities, and many other agencies. Under Mr. Fremin’s direction, the NCDF created and launched a web-intake portal to expedite the process for intaking complaints from the public, which has proven instrumental given the volume of matters received.
Mr. Fremin also served on the Attorney General’s Advisory Subcommittee for Cyber & Intellectual Property, which collaborated with the Department of Justice, U.S. Attorneys, and other federal components to discuss current trends in cybercrime; and the Attorney General’s Advisory Subcommittee for Civil Rights, which focused on human trafficking, voting rights, and hate crimes. To further hate crime prevention efforts, Mr. Fremin and his office made it a priority to meet with and build relationships with community and religious leaders, understanding the needs and priorities of the community and opening the lines of communication to increase public safety.
“U.S. Attorney Brandon Fremin has been instrumental in bringing violent criminals to justice, helping to reduce violent crime rates, and improving cooperation within law enforcement,” said ATF Special Agent in Charge Kurt Thielhorn. “It’s been my pleasure to serve with him in our efforts to make our communities safer.”
DEA Special Agent in Charge Brad L. Byerley said, “I would like to thank Mr. Fremin for his relentless friendship and partnership with DEA. With resolve and conviction, Mr. Fremin has successfully led the U.S. Attorney’s Office in the Middle District of Louisiana, all while combatting drug trafficking and the violent crimes associated with it, making our communities safer places to live. Together, DEA and the U.S. Attorney’s Office, along with our federal, state and local law enforcement partners, have successfully put drug traffickers and violent criminals in prison where they belong.”
“The outstanding partnership that the FBI New Orleans has shared with the U.S. Attorney’s Office in the Middle District of Louisiana has resulted in a reduction in violent crime, gang violence, fraud, and public corruption. This is a direct result of the leadership of Mr. Fremin,” stated Special Agent in Charge Bryan Vorndran. “We thank him for his friendship and his unyielding desire to protect our communities and make them safer for the citizens of Louisiana.”
Special Agent in Charge Leslie Pichon of the United States Secret Service New Orleans Field Office, which includes the Middle District of Louisiana said, “Mr. Fremin has been an outstanding partner to the Secret Service and has gone above and beyond to ensure the success of the Secret Service‘s integrated mission; protecting our nation’s leaders and investigating complex cyber enabled financial crimes were executed with the full support and leadership of the United States Attorney. We wish him the best in his future endeavors.”
Mr. Fremin is a career prosecutor who has served the community and his country for many years. Prior to his appointment as the U.S. Attorney, he served as the Director of the Criminal Division for the Office of the Louisiana Attorney General. He has also served as a Criminal Investigator, Assistant District Attorney, and Section Chief in the Office of the District Attorney for the 19th Judicial District of Louisiana and as an Assistant U.S. Attorney in the Middle District of Louisiana. Mr. Fremin earned a Bachelor’s degree in Criminal Justice, with honors, from Southeastern Louisiana University and a Bachelor of Civil Law and Juris Doctor from the Paul M. Hebert Law Center at Louisiana State University. Mr. Fremin is also a veteran of the United States Marine Corps, where he earned the rank of sergeant.
Two Sioux Falls Men Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that two men from Sioux Falls, South Dakota, convicted of Conspiracy to Distribute a Controlled Substance, were sentenced by U.S. District Judge Karen E. Schreier.
Gigilo Terrance Terrett, a/k/a GT, a/k/a Ronnie Phillips, age 42, was sentenced on February 10, 2021, to 240 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.
Abdi Abdullahi Ismail, a/k/a Ish, a/k/a Juice, age 24, was sentenced on January 22, 2021, to 157 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.
Ismail and Terrett were indicted by a federal grand jury on March 3, 2020. Terrett pled guilty on September 3, 2020 and Ismail pled guilty on September 4, 2020.
The conviction stemmed from incidents beginning on an unknown date until on or about March 2, 2020, in the District of South Dakota, when Ismail and Terrett knowingly and intentionally combined, conspired, confederated, and agreed together with each other, and others known and unknown, to intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Ismail and Terrett were immediately turned over to the custody of the U.S. Marshals Service following their respective sentencings.
Two Rochester Fugitives Arrested in Mexico, Charged in Arson IndictmentRead the Press Release
United States Attorney Erica H. MacDonald today announced the arrest of JOSE ANGEL FELAN, JR., 34, and MENA DHAYA YOUSIF, 22, for their roles in multiple arsons on May 28, 2020. FELAN and YOUSIF were detained on February 15, 2021, in Mexico by Mexican authorities for immigration violations after the U.S. Marshals Service located them. A superseding indictment charges FELAN with three counts of arson and YUSIF with being an accessory after the fact. FELAN and YOUSIF made their initial appearances on February 17, 2021, before a Magistrate Judge in U.S. District Court in the Southern District of California. The defendants were ordered to remain in custody pending a formal detention hearing on February 23, 2021.
“Thanks to the skilled investigative work of the ATF and the tireless apprehension efforts of the U.S. Marshals Service these two defendants, who have been on the run for more than eight months, will be returned to Minnesota to face justice,” said U.S. Attorney Erica H. MacDonald.
According to the allegations in the superseding indictment, on May 28, 2020, FELAN maliciously damaged and destroyed by means of fire the Goodwill retail store, the Gordon Parks High School, and the 7 Mile Sportswear store, all of which were located on University Avenue in St. Paul. YOUSIF assisted FELAN in preventing his apprehension by law enforcement.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the St. Paul Police Department, the St. Paul Fire Department, and the Minnesota State Fire Marshal Division. The fugitive apprehension efforts were led by the U.S. Marshals Service.
This case is being prosecuted by Assistant U.S. Attorneys Melinda A. Williams and Emily Polachek.
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant Information:
JOSE ANGEL FELAN, JR., 34
Rochester, Minn.
Charges:
- Arson, 3 counts
MENA DHAYA YOUSIF, 22
Rochester, Minn.
Charges:
- Accessory after the fact (arson), 1 count
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Two Individuals Indicted for Trafficking Firearms from FloridaRead the Press Release
SAN JUAN, Puerto Rico – On February 17, 2021, a federal grand jury returned a two-count indictment charging Edsel Samuel Torres-Cancel and Yomisheika Marie Morales-Rivera with illegally trafficking in firearms and receiving guns from out of state, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the indictment, Edsel Samuel Torres-Cancel and Yomisheika Marie Morales-Rivera were members of a conspiracy that wired money to Orlando, Florida, in 2020 and 2021, and illegally received firearms in Puerto Rico, where the guns were then sold without a license. In February 2021, federal agents intercepted a package sent from Florida to the defendants’ residence containing six Glock pistols and seventeen pistol magazines.
Assistant U.S. Attorney Jeanette Collazo of the Violent Crimes and National Security Section is in charge of the prosecution of the case. Homeland Security Investigations and United States Postal Inspectors are in charge of the investigation. If convicted, the defendants face up to five years in prison.
An indictment contains only charges and is not evidence of guilt. A defendant is presumed to be innocent unless and until proven guilty.
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Two Indicted for Fraud Scheme Targeting El Dorado County VictimRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Laxmikanth Biyani, 27, and Akshar Patel, 27, of New Jersey, charging them with conspiracy to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, from October to December 2020, a victim in El Dorado County sent over $600,000 to a caller who pretended to be an agent of the Drug Enforcement Administration. He directed her to transfer money to him for safekeeping during the investigation of a drug trafficking case that involved her social security number. Some of the funds were transferred via Bitcoin, and $270,000 was transferred through cash drops in the parking lot of an elementary school in El Dorado Hills. On four occasions in November and December 2020, Biyani picked up cash drops left by the victim and delivered or attempted to deliver the money to co-conspirators. On two of those occasions, Patel assisted Biyani in the pickup and delivery of the cash drops. Biyani and Patel were arrested by the El Dorado County Sheriff’s Office on December 15, 2020, and remain in custody.
This case is the product of an investigation by the United States Secret Service and the El Dorado County Sheriff’s Office. Assistant U.S. Attorney Mira Chernick is prosecuting the case.
If you believe you may be a victim of this fraud scheme, please contact the United States Secret Service at [email protected].
If convicted, Biyani and Patel each face a maximum statutory penalty of 20 years in prison and a $500,000 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 defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Tuscaloosa Man Sentenced to 5 ½ Years in Prison for Possession of Guns and MarijuanaRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a Tuscaloosa man to federal prison for possession of marijuana and guns used in furtherance of drug dealing, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Annemarie Carney Axon sentenced MONTRELL LEROBERT WHITE, 20, to 66 months in prison after he pleaded guilty in September 2020 to one count of possessing marijuana with intent to distribute and one count of possessing firearms in furtherance of a drug trafficking crime. As a result of his guilty plea, White received a sentence of 6 months on the drug charge and a mandatory minimum of 60 months for the firearms count. On October 9, 2019, Tuscaloosa Police Department officers and Tuscaloosa County Sheriff’s deputies, assisted by ATF and the United States Marshal’s Service, went to White’s residence to arrest him on a warrant. Individuals inside the residence permitted officers to come inside to confirm White’s absence. While walking through the apartment, officers smelled marijuana and observed firearms, ammunition, and drug paraphernalia in White’s bedroom. As a result, they obtained a search warrant and seized four pistols, various magazines, ammunition, marijuana, and other evidence of drug distribution activities. Subsequent search warrants revealed White’s communications evidencing drug sales.
The ATF investigated the case along with the Tuscaloosa Police Department and Tuscaloosa Sheriff’s Office. Assistant U.S. Attorney Alan Baty prosecuted the case.
Telford Man Sentenced for Being A Felon in Possession of A FirearmRead the Press Release
GREENEVILLE Tenn. – On February 8, 2021, Lyle Vernon Tarlton, 30, of Telford, was sentenced by the Honorable J. Ronnie Greer, in the United States District Court for the Eastern District of Tennessee at Greeneville.
Tarlton plead guilty to possessing a firearm after having been convicted of an offense punishable by imprisonment exceeding one year. Tarlton was sentenced to 63 month’s imprisonment followed by three years on supervised release.
On August 13, 2019, deputies with the Washington County Sheriff’s Office found Tarlton asleep in a vehicle parked on the side of a road in Telford, Tennessee. Tarlton, who was sitting in the driver’s seat with the keys in the ignition, was asked to step out of the vehicle. Deputies observed a short barrel shotgun laying between the driver’s seat and the driver’s door. Tarlton, who had previously been convicted of a felony, was prohibited from possession of a firearm. Additionally, it is a violation of federal law to possess a shotgun with a barrel shorter than 18 inches that has not been registered in the National Firearms Registration and Transfer Record.
The criminal indictment was the result of a joint investigation by the Washington County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant United States Attorney J. Gregory Bowman represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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St. Louis County man pleads guilty to child pornography chargesRead the Press Release
ST. LOUIS –Harry Hamm, 79, of Chesterfield, Missouri, pleaded guilty to two counts of possession of child pornography and one count of access with intent to view child pornography. Hamm appeared, Wednesday, before United States District Court Judge Stephen R. Clark.
On April 19, 2019, officers from the St. Ann Police Department, obtained a search warrant to search Hamm’s premises and conducted the search on the same day. Police then contacted the St. Louis Division of the Federal Bureau of Investigation. A special agent obtained a federal search warrant to search the items seized by St. Ann Police from Hamm, his home and Hamm’s employer, including two iPhones, an Acer laptop computer, an iPad and a Toshiba laptop. The items were then searched by a forensic examiner.
A forensics examiner located on Hamm’s iPhones deleted web history showing the phones were used to search for and view child pornography. The examiner also found images of child pornography.
The examiner found: (1) deleted images of child pornography on Hamm’s Acer laptop; (2) deleted web history showing searches for a viewing of child pornography on Hamm’s iPad; and (3) computer search terms consistent with child pornography on Hamm’s Toshiba laptop computer.
The special agent obtained, through Canada’s legal process, Hamm’s Shoebox account, which revealed images of child pornography. Hamm used his iPhone and the internet to access his Shoebox account between March 1, 2018 and April 18, 2019.
Altogether, Hamm possessed 57 images of child pornography. Some included prepubescent minor children engaged in sexually explicit conduct, sadistic or masochistic conduct or other acts of violence.
Each charge of possession of child pornography carries a maximum of 20 years imprisonment and $250,000 fine. The charge of access with intent to view child pornography carries a maximum of 20 years imprisonment and $250,000 fine.
Judge Clark has not yet set a sentencing date for Hamm.
The FBI and St. Ann Police Department investigated the case. Assistant United States Attorney Rob Livergood is handling the case.
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St. Croix Man Pleads Guilty to Aiding and Abetting Possession of a Firearm by a Defendant Under IndictmentRead the Press Release
St. Croix, USVI – A’keem Stanley, 24, of St. Croix, appeared before Magistrate Judge George W. Cannon in District Court and entered a guilty plea to the charge of Aiding and Abetting Possession of Firearm by Person Under Indictment, United States Attorney Gretchen C.F. Shappert announced.
This offense carries a possible sentence of incarceration of up to 5 years, a maximum fine of up to $250,000 dollars, and a term of supervised release of up to 3 years. Sentencing is set for June 18, 2021.
According to court documents, on November 4, 2016, Ameade Williams was charged by information with felony offenses in the Superior Court of the Virgin Islands (SX-16-CR-311). On May 23, 2018, the Superior Court entered an order releasing Williams into the custody of A’keem Stanley and required that they reside at 4E Two Williams, Frederiksted, St. Croix. On May 25, 2018, Stanley signed a document acknowledging his consent and obligation to monitor Williams’ compliance with his terms of release as a third party custodian.
During a search of 4E Two Williams on September 11, 2018, while the charges were still pending against Williams, police seized a Kel-Tech pistol from the living room and a Taurus 9mm pistol in bedroom where Stanley was located. The Kel-Tech firearm contained a magazine with 29 live rounds of ammunition. According to court documents, Williams, who
was present, stated that the firearms belonged to him and that other persons had nothing to with
the firearms.During a post arrest interview, Stanley told police that he had made the arrangements to
acquire possession of 4E Two Williams and that he observed the firearms being brought into
the residence two weeks earlier. However, Stanley did not report Williams’ possession of the
firearm to appropriate officials, thus permitting Williams’ possession to remain undetected by
law enforcement. Both firearms were manufactured outside of the United States Virgin
Islands.The case was investigated by the Virgin Islands Police Department and the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Daniel H. Huston
prosecuted the case.Springfield Woman Charged with Aggravated Identity Theft and Stealing Government BenefitsRead the Press Release
BOSTON – A Springfield woman was arrested today on charges of aggravated identity theft and theft of government money.
Jane Doe, whose identity is unknown, was indicted on two counts of theft of public money, one count of false representation of a Social Security number and one count of aggravated identity theft.
It is alleged that Doe falsely represented another individual’s Social Security number as her own on an application for Section 8 housing assistance benefits in October 2018. In addition, Doe is charged with stealing Social Security disability benefits from August 2017 to August 2018, and Section 8 benefits from April 2019 through February 2021.
Aggravated identity theft carries a mandatory two-year sentence that must run consecutively to any other sentence imposed, one year of supervised release and a fine of $250,000. The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; and Christina Scaringi, Special Agent in Charge of the Department of Housing and Urban Development, Office of Inspector General made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sioux Falls Man Indicted for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Julio Rodriguez, III, a/k/a Julio Rodriquez, III, age 19, was indicted on February 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 12, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 10, 2020, in Todd County, South Dakota, Rodriguez knowingly engaged in, and attempted to engage in, a sexual act with a minor under the age of 16.
The charge is merely an accusation and Rodriguez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Rodriguez was released on bond pending trial. A trial date has not been set.
Serial Bank Robber Sentenced to over Nine Years in Prison for Drug-Fueled Crime SpreeRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Gerald Griffith, also known as “Jerry Porecca,” 47, of Philadelphia, PA, was sentenced to nine years and two months in prison and three years of supervised release by United States District Court Judge Nitza I. Quinones Alejandro for a nearly six-month-long crime spree during which he robbed eight banks and businesses.
In December 2019, the defendant pleaded guilty to two counts of bank robbery, two counts of armed bank robbery, and four counts of Hobbs Act robbery. The charges arose from a drug-fueled crime spree between July and December 2018, during which Griffith robbed or attempted to rob four separate banks, as well as four convenience or grocery stores, all in Philadelphia.
The defendant’s series of robberies began on July 9, 2018, when he attempted to rob the BB&T Bank on Roosevelt Boulevard by threatening to blow up the bank, and then robbed the Firstrust Bank on Krewstown Road approximately ten minutes later, again by verbal threat. In August, Griffith moved on to armed bank robbery, holding up the BB&T Bank on East York Street on August 21, and then the BB&T Bank on Orthodox Street the very next day. During these last two bank robberies, Griffith brandished what the bank tellers described as a long, shiny silver handgun, threatening them not to press “any buttons” and demanding that they give him “hundreds.” In addition, Griffith robbed the ShopRite grocery store on Oxford Avenue earlier that summer, and between December 5 and December 8, he robbed the Wawa convenience store on Richmond Street, and attempted to rob the Sonoco-A-Plus gas station also on Richmond Street and the Dollar General store on Cedar Street.
“The complete disregard that this defendant displayed for the safety of others over such a sustained period of time is chilling,” said Acting U.S. Attorney Williams. “He terrorized a large swath of this city for months, affecting dozens of people who are now living with the repercussions of having been in the wrong place at the wrong time: working in or patronizing businesses that Griffith decided to target. The streets of Philadelphia are safer now that the defendant will be in prison for nearly a decade.”
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.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Sara Solow and Matthew T. Newcomer.
Senior Care Company Agrees to Pay $714,996 to Resolve False Claims Act AllegationsRead the Press Release
NEWARK, N.J. – A New Jersey senior care company will pay $714,996 to resolve allegations that it violated the False Claims Act by making false representations in connection with submissions to the Centers for Medicare & Medicaid Services, Acting U.S. Attorney Rachael A. Honig announced today.
According to the contentions of the United States contained in the settlement agreement:
CareOne Management LLC, now known as ABC1857 LLC (CareOne), submitted claims for payment to Medicare for reimbursement of Medicare bad debt from Jan. 1, 2012, to July 2, 2018. Medicare reimburses health care providers for uncollectable deductible and coinsurance amounts from Medicare beneficiaries – known as “bad debts.” The company made false representations of compliance with applicable statutory and regulatory criteria, including “criteria for allowable bad debt,” which require a provider to “be able to establish that reasonable collection efforts were made” of amounts owed by beneficiaries before a provider submits the claim as bad debt to Medicare.
The allegations were originally made in a lawsuit filed by Margaret Gathman under the whistleblower provisions of the False Claims Act. The Act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Ms. Gathman will receive $143,000 from the federal share of the settlement.
Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800‑HHS‑TIPS (800-447-8477).
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of the U.S. Department of Health and Human Services, Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Supervisory Special Agent Thomas Mahoney, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney Daniel Meyler of the Health Care Fraud Unit in Newark.
The lawsuit is captioned United States ex rel. Gathman v. CareOne LLC, 17-cv-6180 (D.N.J.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
San Gabriel Valley Man Pleads Guilty to Mail Fraud Charge for Fraudulently Obtaining over $500,000 in COVID-19 Jobless ReliefRead the Press Release
LOS ANGELES – A San Dimas man pleaded guilty today to a federal criminal charge that he fraudulently obtained more than $500,000 in COVID-19-related unemployment benefits in the names of foreign nationals he falsely claimed were local real estate agents hit hard financially by the pandemic.
Bonifacio Jastilana Marinas, 50, pleaded guilty to a single-count criminal information charging him with mail fraud.
According to his plea agreement, from April 2020 to August 2020, Marinas took advantage of provisions in the CARES Act to file approximately 85 unemployment insurance claims with the California Employment Development Department (EDD) that falsely asserted that the named claimants were self-employed real estate agents in Los Angeles County whose jobs had been adversely impacted by the COVID-19 pandemic. Marinas often listed his own real estate business – Vintage Realty & Finance Inc., located in West Covina – as the purported workplace of the named claimants.
In actuality, the named claimants resided in Saipan or the Philippines, were not registered as real estate agents in Los Angeles County, had no employment history in California, and were not eligible for the benefits Marinas claimed.
Marinas listed his own residence as the mailing address for each of the named claimants, the plea agreement states. As a result, the debit cards used to distribute the unemployment benefits were mailed to Marinas, who then used them to withdraw the fraudulently obtained funds. In his plea agreement, Marinas admitted that his scheme caused losses to EDD and the United States Treasury of at least $516,244.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed by Congress and signed into law in March 2020, helped provide unemployment insurance benefits during the COVID-19 pandemic to people who did not otherwise qualify, including business owners, self-employed workers, independent contractors, and those with a limited work history.
United States District Judge Fernando M. Olguin has scheduled a June 24 sentencing hearing, at which time Marinas will face a statutory maximum sentence of 20 years in federal prison.
This matter was investigated by the Department of Labor Office of Inspector General, IRS Criminal Investigation; the United States Postal Inspection Service, and the United States Secret Service. EDD Investigations provided substantial assistance.
This case is being prosecuted by Assistant United States Attorney Ranee A. Katzenstein, Chief of the Major Frauds Section.
Rosebud Man Indicted on Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lloyd Jacob One Star, a/k/a Lloyd One Star, III, age 31, was indicted on February 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 17, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 14, 2020, in Todd County, South Dakota, One Star assaulted an individual with shod feet with the intent to do bodily harm and the assault resulted in serious bodily injury.
The charges are merely accusations and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
One Star was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.