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Thursday 11 February 2021
Chiropractor Sentenced in Health Care Fraud, Tax Evasion SchemeRead the Press Release
PROVIDENCE – A Providence chiropractor who admitted to creating and executing a scheme to defraud a health care benefits program and who failed to pay taxes on some of the income he received from his business was sentenced on Wednesday to three years probation, to include the first six months in home confinement; to perform 900 hours of community service while on probation; and to pay a $25,000 fine.
Eugene Kramer, 51, sole owner of New England Spine and Disk Center, previously admitted to the court that he fraudulently billed for days a patient did not attend treatment, for treatment not provided, and that he falsified medical notes and documentation to support a nonexistent personal injury claim.
Kramer admitted that as part of the scheme, from January 1, 2018, to December 31, 2018, he provided invoices for chiropractic treatment to an attorney, who then, in order to support a patient’s bodily injury claim, provided those invoices to an automobile insurance company. To bolster the claim, Kramer created falsified medical notes and documentation.
According to court documents, an individual electronically monitored by the FBI visited Kramer’s office on 15 occasions for chiropractic treatment, under the pretext of having been involved in an automobile accident. In most instances little or no treatment was provided and few if any medical notes were taken. At no time did Kramer provide the person with a diagnosis or discuss a treatment plan. The individual was emailed a package requesting a monetary settlement in connection with a supposed injury claim to Progressive Insurance requesting, among other things, reimbursement for chiropractic services.
At the time of his guilty plea on June 29, 2020, Kramer admitted that for tax years 2015, 2016, and 2017, he failed to report a portion of his personal income, resulting in him owing the IRS $66,914.
Kramer pleaded guilty to one count each of health care fraud and filing a false tax return.
Kramer’s sentence, imposed by U.S. District Court Judge William E. Smith, is announced by United States Attorney Aaron L. Weisman, Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta, and Internal Revenue Service Criminal Investigation Acting Special Agent in Charge Ramsey E. Covington.
The case was prosecuted by Assistant U.S. Attorney Dulce Donovan.
The matter was investigated by the FBI and IRS Criminal Investigation.
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Chesapeake Man Charged with Attempted Murder for Shooting Security Guard at Social Security BuildingRead the Press Release
NORFOLK, Va. – A criminal complaint was filed in the U.S. District Court for the Eastern District of Virginia today charging a Chesapeake man with multiple federal crimes, including attempted murder, related to his alleged attack on a security guard at a Social Security Administration building.
According to court documents, William Douglas Rankin, 44, is alleged to have entered the Social Security Administration building in Norfolk on February 8, armed with a .380 firearm, a 9 millimeter rifle, and approximately 600 rounds of ammunition, including three fully loaded extended 9mm magazines.
After a brief verbal interaction with the security guard on duty, Rankin allegedly raised his .380 handgun and fired a series of bullets at the guard, who suffered non-fatal injuries. The security guard was shot in the arm, shoulder, both legs, and chest area. A ballistic vest stopped the shots to the guard’s chest, and he returned fire and struck Rankin.
Approximately 150 people, including 68 federal employees and a number of Administrative Law Judges, work at the Social Security building on Lake Herbert Drive in Norfolk. Due to the ongoing COVID-19 pandemic, the majority of them were not present at the time Rankin entered the building.
Rankin was charged with the following federal crimes: 1) attempted murder of a person assisting an officer or employee of the U.S. government; 2) possession and discharge of a firearm in furtherance of a crime of violence; 3) assault of a person assisting an officer or employee of the U.S. government; 4) possession of firearms in a federal facility; and 5) felon in possession of a firearm and ammunition.
Based on the charges in the criminal complaint, if convicted, Rankin faces a mandatory minimum penalty of 10 years’ imprisonment and a maximum of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; L. Eric Patterson, Director of the Federal Protective Service; and Larry D. Boone, Chief of Norfolk Police, made the announcement.
Assistant U.S. Attorneys John F. Butler and E. Rebecca Gantt are prosecuting 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. 2:21-mj-52.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Buffalo Man Sentenced to over 3 Years in Prison for Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bryheem Edwards a/k/a Philly a/k/a Leroy, 30, of Buffalo, NY, who was convicted of narcotics conspiracy, was sentenced to serve 37 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that between May 2018 and January 2019, the defendant conspired with co¬defendants, Otis L. Lyons a/k/a Cracks a/k/a “C” and Dalvin Brant a/k/a Turtle, to sell heroin, cocaine and fentanyl. On May 17, 2018, the Niagara County Drug Task Force conducted a controlled purchase of crack cocaine from co-defendant Otis Lyons. On May 31, 2018, the task force conducted another controlled purchase of crack cocaine, this time from the defendant. Edwards was arrested on October 23, 2018, after investigators observed him meeting with co-defendant Brant. At the time of arrest, investigators recovered a quantity of fentanyl.
Defendants Lyons and Brant were previously convicted and sentenced to time served and 15 months in prison, respectively.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the Niagara County Drug Task Force, under the direction of Sheriff Michael J. Filicetti.
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Browning man sentenced to prison for sexually abusing minor girlRead the Press Release
GREAT FALLS – A Browning man convicted by a federal judge of sexually abusing a minor girl on the Blackfeet Indian Reservation was sentenced today to four years in prison and to six years of supervised release, Acting U.S. Attorney Leif Johnson said.
After a one-day bench trial, Chief U.S. District Judge Brian M. Morris found Justin Zane Gobert, 38, guilty on Sept. 22, 2020 of abusive sexual contact. Chief Judge Morris allowed Gobert to self-surrender.
The prosecution said in court documents filed in the case that Gobert sexually abused a minor girl, who was under the age of 12, in June 2017. The abuse occurred in a residence on the Blackfeet Indian Reservation.
Assistant U.S. Attorney Kalah Paisley prosecuted the case, which was investigated by the FBI and Blackfeet Law Enforcement Services
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Billings man admits receiving child pornographyRead the Press Release
BILLINGS — A Billings man accused of knowingly receiving and approving of sexually explicit videos from a minor female on Wednesday admitted to receiving child pornography, Acting U.S Attorney Leif Johnson said today.
Brandon Frank Stricker, 47, pleaded guilty to receipt of child pornography. Stricker faces a minimum mandatory five years to 20 years in prison, a $250,000 fine, and five years to life of supervised release. Under the terms of a plea agreement, if accepted by the Court, Stricker will be sentenced to between seven years and 20 years in prison.
U.S. Magistrate Judge Timothy J. Cavan presided. Stricker was released pending sentencing, which was set for June 16 before U.S. District Judge Dana L. Christensen.
In court documents filed in the case, the prosecution said that in June 2018 Stricker met Jane Doe 1, a 14-year-old female. Stricker communicated online with Jane Doe 1, including via Facebook Messenger. In a June 2018 message, Jane Doe 1 informed Stricker of her age.
On August 11, 2018, Jane Doe 1 sent Stricker two videos via Facebook. One video depicted Jane Doe 1 engaged in sexually explicit conduct by herself and the second video reflected Jane Doe 1 and another minor female engaged in sexually explicit conduct. Stricker expressed his approval of the videos to Jane Doe 1.
Assistant U.S. Attorneys Zeno Baucus and Karla Painter are prosecuting the case, which was investigated by the FBI.
This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.
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Billings man admits cocaine, ecstasy trafficking and firearm brandishing crimesRead the Press Release
BILLINGS—A Billings man indicted in a sex and drug trafficking investigation today admitted to conspiracy and firearms crimes stemming from an ecstasy transaction that went bad, Acting U.S. Attorney Leif Johnson said.
Djavon Lamont King, 30, pleaded guilty to conspiracy to possess with intent to distribute cocaine and ecstasy and to possession of and brandishing a firearm in furtherance of a drug trafficking crime. Pursuant to a plea agreement, King pleaded guilty to charges in a superseding information. King initially was indicted on multiple counts stemming from an investigation into sex trafficking, drug trafficking and firearms crimes. King faces a maximum 20 years in prison, a $1 million fine, and three years of supervised release on the drug count, and a mandatory minimum consecutive seven years in prison on the firearms count.
U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for June 28 and continued King’s detention.
In court documents filed in the case, the prosecution said that in 2019, King, a co-defendant, Mario Drake, and others engaged in a conspiracy to distribute illegal narcotics, including cocaine and ecstasy. Multiple witness interviews and social media messages involved King, Drake, and others in this conspiracy. Drake has pleaded not guilty to charges.
On April 24, 2019, two individuals attempted to distribute some of the ecstasy related to the conspiracy. The transaction, which involved a buyer, was set to occur at a motel in Billings. However, at the meeting a struggle ensued, and the buyer assaulted one of the individuals and left the scene. Following this incident, the individual informed King and Drake what had occurred at the motel. In response, on April 29, 2019, King, Drake, and others, arranged a meeting with the buyer, during which they assaulted that individual while holding firearms.
Multiple witness informed law enforcement of this confrontation, including the buyer, who stated that this confrontation related to the sale of illegal narcotics. In the weeks following the April 29, 2019, incident, King and others informed the two individuals who had gone to the drug deal, that they retaliated against the buyer in response to the failed drug transaction at the motel.
Assistant U.S. Attorneys Zeno Baucus and Bryan Dake are prosecuting the case, which was investigated by the FBI.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. According to the FBI’s Uniform Crime Reports, violent crime in Montana increased by 48% from 2013 through 2019. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Beaver Falls Drug User Charged with Multiple Firearms Law ViolationsRead the Press Release
PITTSBURGH - A resident of Beaver Falls, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, Acting United States Attorney Stephen R. Kaufman announced today.
The 19-count Indictment named Joshua Snowden, age 25, as the sole defendant.
According to the Indictment, on October 1, 2020; October 3, 2020; and November 10, 2020, Snowden made a false statement to purchase a firearm from a licensed firearms dealer, at the direction of another person and with the intention to deliver it to that person. The grand jury further alleges that at various times between May 2020 and November 2020, Snowden possessed firearms, knowing he was an unlawful user of a controlled substance.
The law provides for a maximum total sentence of not more than ten years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Karen Gal-Or is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Auto Dealership Owner Sentenced to Prison in Fraud CaseRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 51 months of incarceration, two years supervised release, a $5,000 fine and ordered to make restitution in the amount of $1,696,210.63 on his conviction of conspiracy to commit wire fraud, United States Attorney Scott W. Brady announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Andrew Thomas Gabler, 52, of North East, Pennsylvania.
According to information presented to the court, Andrew Gabler, as the owner of Lakeside Auto Sales and Lakeside Chevrolet engaged in the following illegal activity between January 2015 and January 2019 that caused a financial loss of more than $1.6 million:
- Gabler falsely indicated that customers made down payments and falsified and inflated the income of customers when submitting auto loan applications to financial institutions on behalf of customers;
- Gabler caused extended warranties to be sold to customers buying vehicles at Lakeside Auto Sales and Lakeside Chevrolet and deliberately failed to remit the paperwork and payments to the extended warranty company;
- Gabler falsely reported vehicle sales to General Motors for vehicles that had not been sold in order to obtain expiring incentive rebates, and;
- Gabler deliberately did not inform S&T Bank when Lakeside Auto Sales and Lakeside Chevrolet sold a vehicle that the dealerships had purchased utilizing S&T Bank’s floor plan financing in order to delay and attempt to avoid the dealerships’ required payment to S&T Bank for the sold vehicles which had been purchased using S&T Bank’s floor plan financing.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Gabler.
Aroostook County Man Pleads Guilty to Federal Drug ChargesRead the Press Release
BANGOR, Maine: A Presque Isle man pleaded guilty in two separate cases in federal court today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney Halsey B. Frank announced.
According to court records, between approximately January 2017 and August 2018, Tyler Neece, 29, and his co-conspirators obtained methamphetamine from an out-of-state source and distributed the drugs in northern Maine. In this case, Neece faces up to 20 years in prison and a fine of up to $1 million. He also faces between three years and a lifetime of supervised release.
Also according to court records, between approximately July 2018 and May 2019, members of a separate conspiracy obtained methamphetamine in western and southern states from sources in Mexico. Neece and his co-conspirators distributed the drugs in Aroostook County and other parts of central and northern Maine. In this case, Neece faces between 10 years and life in prison and a fine of up to $10 million. He also faces between five years and a lifetime of supervised release.
Neece will be sentenced in both cases after the completion of presentence investigation reports by the U.S. Probation Office.
The U.S. Drug Enforcement Administration, Homeland Security Investigations and the Maine Drug Enforcement Agency investigated these cases with the assistance of multiple state and local law enforcement agencies.
The prosecutions are a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Aliquippa Man Indicted on Drug ChargeRead the Press Release
PITTSBURGH, PA - A resident of Aliquippa, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment, turned on February 2, 2021 and unsealed today, named Ossie Foster, age 36, as the sole defendant.
According to the Indictment, on or about June 13, 2020, Foster possessed with intent to distribute 100 grams or more of heroin, 28 grams or more of crack, and a quantity of fentanyl and heroin.
The law provides for a maximum total sentence of not less than five years and not more than 40 years in prison, a fine of $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Beaver County Drug Task Force and the Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
$2.25 Million Fund Available in Justice Department Settlement with AmtrakRead the Press Release
Amtrak recently began accepting claims for monetary compensation for people with mobility disabilities who traveled or wanted to travel from or to one of 78 stations nationally and encountered accessibility issues at the stations, one of which is located in Holdredge, Nebraska. Claims must be submitted by May 29, 2021.
On December 2, 2020, the Department of Justice and Amtrak, the National Railroad Passenger Corporation, entered into an agreement to resolve the department’s findings of disability discrimination in violation of the Americans with Disabilities Act (ADA). Under the agreement, Amtrak will fix inaccessible stations and pay $2.25 million to victims hurt by inaccessibility at the 78 stations.
To be eligible for monetary compensation, an individual must:
- Have a mobility disability;
- Be harmed physically or emotionally because of accessibility issues, including, for example, inaccessible parking; steep slopes or steps to get to the station; lack of directional signs; toilet rooms with inaccessible entrances, stalls, or sinks; high ticket counters; deteriorated platforms; and narrow routes at stations, at one or more of the stations listed below between July 27, 2013 and December 2, 2020;
- Have lived at, visited, or desired to visit a place closer to one or more of the stations listed below than an accessible, alternative Amtrak station; and
- Submit a claim form and declaration by mail, fax, email or online to the claims administrator by no later than May 29, 2021. Help is available from the settlement administrator for those who are unable to complete the claim form due to a disability.
Questions about making claims (and the 77 other stations in addition to Holdredge, Nebraska) should be directed to the settlement administrator by any of the following methods:
- Online: AmtrakDisabilitySettlment.com
- Email: [email protected]
- Telephone (toll-free): 1-888-334-6165
- TTY Telephone (toll-free): 1-866-411-6976
This action was brought by the Disability Rights Section of the Justice Department’s Civil Rights Division. For more information about the Civil Rights Division, please visit www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 888-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Wednesday 10 February 2021
Whiteville Drug Dealer Sentenced to over 9 Years ImprisonmentRead the Press Release
WILMINGTON, N.C. – A Whiteville man was sentenced today to 117 months in federal prison for possession with intent to distribute a quantity of cocaine case (crack) and possessing a firearm in furtherance of a drug trafficking crime.
According to court documents and information presented at the sentencing hearing, on July 3, 2019, detectives with the Columbus County Sheriff’s Office (CCSO) executed a search warrant at the residence of Jamal Devon Bryant. Bryant was found in an abandoned, dilapidated house behind the main residence. A search of this structure and Bryant’s bedroom in the main residence, uncovered the following items: two .223 caliber semi-automatic rifles, a .40 caliber pistol, digital scales, $4,046 in U.S. currency, 8.4 grams of cocaine base and 4.5 grams of methamphetamine. Bryan was taken into custody and transported to the CCSO where he provided a brief unprotected statement admitting to selling cocaine base and ownership of the aforementioned firearms.
Bryant is responsible for the possession and/or distribution of 58.97 grams of cocaine base and 4.5 grams of methamphetamine. In addition, Bryant is also accountable for the possession of three firearms and maintaining a dwelling for the distribution of controlled substances.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II.
The Columbus County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration investigated the case and Assistant U.S. Attorney Daniel W. Smith prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-CR-00195-BO.
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United States Successfully Negotiates the Return of Two Thai Religious Relics Reported Stolen by Thailand and Displayed at San Francisco Asian Art MuseumRead the Press Release
SAN FRANCISCO – The United States obtained a settlement in its lawsuit today in which the City and County of San Francisco consented to the forfeiture of its two Thai lintels to the United States, announced United States Attorney David L. Anderson of the Northern District of California and Homeland Security Investigations (NorCal) Special Agent in Charge Tatum King.
On October 27, 2020, the United States filed a complaint to forfeit the two Thai lintels which are housed in and have been displayed at the San Francisco Asian Art Museum. The Thai lintels are two 1,500-pound hand-carved decorative relics which, according to the complaint, were originally part of ancient religious temples in Thailand and are prime examples of the decorative lintel and material art traditions of Southeast Asian art. These religiously-significant lintels are alleged to have been exported from Thailand in violation of Thai law over 50 years ago and thereafter were donated to San Francisco and displayed at its Asian Art Museum.
In 2017, the United States learned about the illegal exportation from Thailand of these relics, which renders them forfeitable under federal law, as the complaint alleges. The United States and the City and County of San Francisco entered into a settlement agreement, today signed by U.S. District Court Magistrate Donna M. Ryu, in which San Francisco consents to the forfeiture to the United States of the Thai lintels and, upon the completion of the San Francisco Asian Art Museum’s deaccessioning process, their repatriation to Thailand. The United States will thereafter coordinate with Thai authorities to ensure the safe return of the lintels to Thailand.
“I want to thank San Francisco and the Asian Art Museum for their agreement to forfeit these treasures so they may be returned to Thailand,” said U.S. Attorney Anderson. “The United States is committed to returning stolen relics to nations seeking to preserve their heritage. We will use all our power, including civil forfeiture, to ensure that misappropriated cultural items are returned to their rightful owners.”
Federal importation law provides Homeland Security Investigations (HSI), which led this investigation, with the authority to lead investigations into crimes involving the illicit importation and distribution of cultural property and art. Customs law allows HSI to seize cultural property and art in the United States illegally, such as when it is reported lost or stolen.
“The successful outcome of this investigation helps restore Thailand’s cultural heritage for the appreciation and study of this and future generations,” said Homeland Security Investigations (NorCal) Special Agent in-Charge Tatum King. “The theft and trafficking of cultural artifacts is a tradition as old as the cultures they represent. Returning a nation’s precious cultural antiquities promotes goodwill with foreign governments and citizens, while significantly protecting the world’s cultural history and knowledge of past civilizations. Through our work in this investigation in partnership with the U.S. Attorney’s Office in the Northern District of California, we have diligently sought to ensure the relationship between the United States and Thailand remains one of mutual respect and admiration.”
The Thai lintels, according to the agreement, will be returned to Thailand through the U.S. Department of Justice’s victim remission program. Upon their return, the lintels will be placed on exhibition for the religious and cultural appreciation of the people of Thailand.
Chris Kaltsas is the Assistant U.S. Attorney in the Northern District of California prosecuting this forfeiture with Amanda M. Bettinelli of the Central District of California, and with the assistance of Irene Zhu. The forfeiture action is the result of a three-year investigation by Homeland Security Investigations.
United States Attorney McGregor Scott to Resign after Serving as Chief Federal Law Enforcement Officer for the Eastern District of CaliforniaRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott announced today that he will resign his position as the chief federal prosecutor for the Eastern District of California. The United States Attorney serves as the chief federal law enforcement officer and is responsible for prosecuting federal criminal cases and representing the United States in civil litigation. The Eastern District covers 34 counties throughout the Central Valley and the Sierras and has 92 attorneys and 91 non-attorney staff with offices in Sacramento, Fresno, and Bakersfield.
Mr. Scott tendered his resignation to the President and the Acting Attorney General today, and he will conclude his service as United States Attorney on February 28.
On Dec. 29, 2017, Scott was sworn in as the U.S. Attorney for the Eastern District of California, returning to the position he held from 2003 to 2009.
“Serving as the United States Attorney for the Eastern District of California has been the most fulfilling experience of my professional career,” said Scott. “It has been an honor these past three years to work with the women and men in this office and our law enforcement partners to keep our communities safe, to safeguard the Treasury, and to provide the United States with the highest quality legal representation in all the matters we handle.”
As of March 1, Phillip A. Talbert will assume leadership of the office as Acting U.S. Attorney. Talbert, who is currently the First Assistant U.S. Attorney, has had a distinguished career of more than 18 years in the office. He previously served as the court-appointed U.S. Attorney during the last transition between administrations, the Chief of Appeals and Training, and a prosecutor in the Narcotics and Violent Crime Unit. He also served in the Department of Justice’s Office of Professional Responsibility and Criminal Division before coming to the Eastern District of California. Mr. Talbert was also in private practice. He is a graduate of Harvard University, the University of Sydney, and the UCLA School of Law.
Mr. Scott received his B.A. from Santa Clara University in 1985 and his J.D. from Hastings College of the Law, University of California, in 1989. He served as a deputy district attorney from 1989 to 1997 in Contra Costa County and served as the elected District Attorney of Shasta County from 1997 to 2003. After completing his first term as U.S. Attorney, Mr. Scott practiced as a partner with the law firm of Orrick, Herrington, & Sutcliffe LLP, focusing on white collar criminal defense and corporate investigations. In addition, Mr. Scott retired in 2008 from the United States Army Reserve as a lieutenant colonel after 23 years of service.
United States Attorney Dunavant Announces Upcoming ResignationRead the Press Release
Memphis, TN – D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee, has announced his resignation, effective February 28, 2021. U.S. Attorney Dunavant has served in office since September, 2017.
U.S. Attorney Dunavant was appointed by President Donald J. Trump as the United States Attorney for the Western District of Tennessee and unanimously confirmed by the United States Senate. Dunavant was sworn in as the 50th person to serve as the United States Attorney on September 21, 2017. In that capacity, Dunavant supervised a total office staff of 85 federal employees, including 45 Assistant U.S. Attorneys; managed, oversaw, and implemented a total annual operating office budget of over $10 million; and oversaw the investigation, prosecution, and litigation of all criminal and civil cases brought on behalf of the United States in West Tennessee.
"Nearly three and a half years ago I was provided the professional honor of a lifetime," U.S. Attorney Dunavant said. "To be able to serve the district where I was born, raised and educated, and for which I have tremendous love and respect, was a remarkable experience. I am tremendously grateful to President Trump, Senators Lamar Alexander and Bob Corker, and Congressman David Kustoff for placing their trust in me. I am confident that the extraordinary professionals of the U.S. Attorney’s Office will remain tirelessly devoted to the unwavering cause of justice on behalf of the citizens of West Tennessee and our great nation. I am proud of the consequential work we have accomplished in the Trump administration, including achieving justice for victims, consequences for criminals, support for law enforcement, resources for communities, protection of the U.S. Treasury, better public safety results for citizens, and respect for the rule of law. I am also exceedingly proud to have worked alongside the brave and dedicated men and women of law enforcement as they have selflessly served and sacrificed to make our communities safer. As I step away from this esteemed post, I remain committed to being actively engaged in serving our state and nation in the future."
When he assumed the role as U.S. Attorney in 2017, Mr. Dunavant committed himself to protecting the nearly 1.6 million citizens that comprise West Tennessee through the vigorous enforcement of federal laws and prosecution of high-impact cases in all 22 counties of the district. Mr. Dunavant operated a full service U.S. Attorney’s Office which faithfully executed all applicable laws of Congress, including the Armed Career Criminal Act, the Controlled Substances Act, the False Claims Act, the First Step Act, and the Migratory Bird Act.
Some of Mr. Dunavant’s many highlights during his tenure as U.S. Attorney include the following initiatives, priorities, and programs:
• He reinvigorated the Project Safe Neighborhoods (PSN) Task Force in Memphis, recruiting the addition of new agents and resources from partner law enforcement agencies. In the first year in office, he dramatically increased the number of federal firearms cases filed by over 58%, and the number of defendants charged with firearms offenses by over 68%, leading to a two-year total decrease of 13.1% in overall violent crime and reported gun crime rates from 2017-2019.
• He led the DOJ Public Safety Partnership (PSP) Initiative with local team stakeholders in West Tennessee to receive federal resources for law enforcement training and technical assistance in an innovative framework to enhance data-driven, evidence-based local strategies for violence reduction; and led and hosted the National PSP Symposium on Violent Crime in Memphis in September 2019.
• He served on the Gulf Coast High Intensity Drug Trafficking Area (HIDTA) Executive Board, which continued funding to implement and sustain the Heroin Initiative, a joint coordinated effort between the U.S. Attorney’s Office, Shelby County District Attorney’s Office, DEA, and the MPD Organized Crime Unit that exclusively targets crimes and overdoses involving the distribution of heroin, fentanyl, and prescription opioids. Also while serving on the HIDTA Executive Board, Dunavant coordinated and supported a successful proposal to add and designate Madison County, Tennessee as a new county in the Gulf Coast HIDTA Region, which will significantly expand the law enforcement resource footprint in West Tennessee for drug investigations and interdiction.
• He participated in the DOJ Appalachian Regional Prescription Opioid (ARPO) Strike Force, working closely with other state and federal law enforcement agencies to identify, investigate and prosecute cases involving healthcare fraud and unlawful distribution and diversion of prescription opioids by medical professionals, resulting in the indictments of 16 medical professionals in Memphis and Jackson in 2019.
• He created and sustained a new Carjacking Initiative with ATF and local law enforcement agencies for coordinated, targeted, and increased federal prosecution of armed carjacking offenses in Memphis and Shelby County.
• He served on the Executive Board of the Multi-Agency Gang Unit (MGU), which is comprised of federal, state and local law enforcement officials, with a common goal of combating criminal gang activity in Memphis and Shelby County.
• He initiated and led a combined multi-agency law enforcement operation, "Bluff City Blues" with the U.S. Marshals Service in Memphis and Jackson that resulted in a total of 214 arrests, including 79 identified gang members, 65 individuals for aggravated assault, 34 individuals for homicide, 69 individuals for weapons offenses, and 40 individuals for drug offenses, and the seizure of 28 firearms.
• He initiated and led the "Operation Crime Driver" anti-violence initiative in Tipton County, TN, partnering with multiple state and local law enforcement agencies to target violent offenders with outstanding arrest warrants. The operation resulted in the federal indictments of six individuals from Tipton County, TN for firearms and drug offenses, including Maurice Nash, A/K/A "Monster," of Atoka, TN who was sentenced as an armed career criminal to over 17 years in federal prison for being a convicted felon in possession of a firearm.
• He hosted Attorney General Sessions, Attorney General Barr, and Acting Attorney General Whitaker in Memphis for announcements of major DOJ initiatives, including PSP, ATF Gun Strike Force & Crime Gun Intelligence Center, Project Guardian, and Operation LeGend.
• After the Attorney General designated Memphis as one of a few select cities to receive enhanced federal resources to combat violent crime, Mr. Dunavant led the law enforcement efforts of both the Operation Relentless Pursuit and Operation LeGend initiatives, coordinating with the ATF, FBI, DEA, U.S. Marshals Service (USMS), and Homeland Security Investigations (HSI) to surge and deploy 40 new temporary and permanent federal agents into Memphis to work with the Memphis Police Department, Shelby County Sheriff’s Office, Multi-Agency Gang Unit, and the Shelby County District Attorney General’s Office in a sustained and systematic task force model to fight high levels of violent crime.
• He secured the allocation of DOJ federal grant funding for local law enforcement agencies in support of Operation LeGend and related efforts: City of Memphis Police Department – $9,823,624 (COPS Hiring Program funds, to hire 50 new officers); Shelby County Sheriff’s Office - $1,628,571 (Operation Relentless Pursuit/Operation LeGend); City of Memphis - $500,000 (Real Time Crime Center); Shelby County District Attorney General’s Office - $398,864 (Project Guardian).
• He led public awareness efforts at the onset and throughout the COVID-19 pandemic to encourage reporting and investigation of hoarding and price-gouging of critical medical supplies, PPP fraud, treatment and vaccine scams, and COVID relief/stimulus fraud.
• He coordinated with federal, state, and local law enforcement to protect critical infrastructure sites and mitigate threat risks to significant events, including election security, federal buildings and property, and the 50th Anniversary of Dr. Martin Luther King, Jr.’s assassination (MLK 50 – April 4, 2018).
• He developed and launched three new video public service announcements (PSAs) providing targeted messaging to educate and inform the public to raise awareness and increase reporting about the Department of Justice priority areas of violent crime, elder fraud, and opioids.
• He joined with ATF and the National Shooting Sports Foundation (NSSF) to launch the "Don’t Lie for the Other Guy" public awareness campaign to warn about the seriousness of the crime of purchasing a firearm for someone who cannot legally do so, and to deter potential straw purchases.
With a focus on aggressively prosecuting cases involving violent crime, child exploitation, immigration offenses, health care fraud, embezzlement, identity theft, public corruption, gang conspiracies and racketeering, drug trafficking organizations, and unlawful firearm possession, prosecutorial highlights and case examples during Mr. Dunavant’s tenure include:
• Patricia Parsons, of Brighton, Tennessee, was sentenced to sixty months in federal prison for aiding and abetting solicitation to commit the kidnapping of a State Court Judge and County Sheriff.
• Jeremy Drewery, former Shelby County Sheriff’s deputy, was sentenced to 63 months in federal prison for Hobbs Act Extortion, Receipt of a Bribe by a Government Agent, and Solicitation to Tamper with a Witness.
• Byron Montrail Purdy, a/k/a "Lil B" or "Ghetto," of Jackson, Tennessee, was sentenced to 360 months imprisonment and five years of supervised release for leading and conspiring to participate in a racketeering enterprise, as part of a large RICO conspiracy case known as "Operation .38 Special", charging and convicting a total of 16 members of the Gangster Disciples criminal enterprise with racketeering and other crimes, resulting in the disruption and dismantlement of the Gangster Disciples organization, including several governors, enforcers, and ranking members of the gang.
• Marvin "Pookie" Foster, of Lauderdale County, TN, was sentenced to 300 months in federal prison for distributing heroin resulting in a fatal overdose.
• Deon Brown, Sr., a/k/a/ "Pleezy," of Bolivar, TN, was sentenced to 275 months in federal prison for conspiracy to distribute 50 grams or more of actual methamphetamine (ICE).
• WellBound of Memphis agreed to pay a $3,246,000 settlement of a False Claims Act complaint against the healthcare company for false claims to Medicare, TriCare, and TennCare for services rendered to home dialysis patients that were due to illegal inducements paid in violation of the Anti-Kickback statute.
• Quenton Irwin White, former U.S. Attorney for the Middle District of Tennessee as well as the former Commissioner of the Tennessee Department of Correction, was sentenced to federal prison for a mail fraud scheme to defraud black farmer clients.
• Cornelius Richmond, of Memphis, was sentenced to 324 months in federal prison for committing armed robberies of a Brink’s Armored Truck and Circle K store.
• Calvin Bailey, Sandra Bailey, and Bryan Bailey, of Milan, TN, were sentenced to a total of 249 months in federal prison for Conspiracy to defraud Medicare, Medicaid and Tricare resulting in millions of dollars of loss to federal health care programs.
• Gloria Harris, of Memphis, was sentenced to 64 months in federal prison on bank fraud charges arising from her theft of approximately $292,500 from her former employer, Crescent Medical Corporation.
• Ronda Hopkins Richards, owner of Ronda’s Travel Corner, in Jackson, TN, was sentenced to federal prison for a wire fraud scheme in which she defrauded approximately 100 clients/victims of funds related to their travel, with a total loss of approximately $410,280.25.
• Dimitar Petlechkov, a Bulgarian national, was sentenced to federal prison for mail fraud in a scheme to defraud FedEx, resulting in over $800,000 in financial losses.
• Cleve Collins, aka Milton Cleve Collins of Memphis was sentenced to federal prison for major fraud involving a scheme to defraud the United States on a construction contract valued at approximately $1.5 million administered by the General Services Administration for the replacement of the roof and the air conditioning system at the Ed Jones Federal Courthouse and Post Office in Jackson, TN.
• Guy Randal Stockard, a/k/a Randy, owner of Southern Meat Market in Memphis, was sentenced to 51 months in federal prison for defrauding the federal Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, of more than $1.2 million over an approximately 28-month period.
• Antonio Hawkins, of Memphis, was was sentenced to 360 months in federal prison on five counts related to sex trafficking, including sex trafficking of a minor victim and sex trafficking by force, fraud, and coercion.
• Michael Jay Harris, of McNairy County, TN, was sentenced as a career drug offender to life imprisonment for methamphetamine trafficking.
• Kevin Coleman and Terrion Bryson, both former Memphis Police Officers, were sentenced to federal prison for narcotics, weapons, and extortion offenses committed while on duty.
• Zachary M. Baker was sentenced to federal prison in connection with theft of over $800,000 from his former employer, Masterson Farms, a horse breeding farm located in Somerville, Tennessee.
• Michael Beamish, of Obion County, was sentenced to 120 months in federal prison for solicitation and enticement of a minor for sexual activity.
• Brian Black, former Crockett County 911 Director, was sentenced to 57 months in federal prison for embezzlement of $178,000 from the trust account of a decedent’s estate.
• Michael and Tawni Boutin, featured marijuana farmers on a television show called "Weed Country" in Oregon, were both sentenced to federal prison for conspiracy to distribute high-grade marijuana from Oregon to West Tennessee.
• Marlon Pruitt a/k/a "Big Putt", of Memphis, was sentenced as an armed career criminal to 15 years in federal prison for being a convicted felon in possession of a firearm and drugs.
• Marcus Danner a/k/a "Poncho", of Memphis, was sentenced to 352 months imprisonment for his leadership role of an armed robbery crew and a member of a drug trafficking organization.
• Cortez Armstrong, of Memphis, was sentenced to 20 years in federal prison for distributing a lethal dose of fentanyl resulting in a fatal overdose.
• Christino Alcazar-Ortiz and Armando Alcazar-Ortiz, of Union City, were both sentenced to 120 months imprisonment for conspiracy to distribute and possess with the intent to distribute 50 grams or more of actual methamphetamine and Illegal Reentry into the United States after having been previously deported.
• Jason King, a former employee and cast member of the TV series, the "Deadliest Catch," was sentenced to 51 months in federal prison for possession of a firearm as a convicted felon.
• Willie Somerville, of Tipton County, TN, was sentenced to life in federal prison plus 10 years for his leadership role in the home invasion attempted robbery and murder of Timothy Edwards in Covington. Co-defendants Armoni Hall, Eddie Poindexter, Christian Sherrill, and Darrell Owens were also convicted for their participation in the robbery, and each received significant federal sentences.
• Brandon Albonetti, of Memphis, was sentenced to 20 years in federal prison for the armed robberies and attempted robberies of five CVS stores and one Burger King during the summer of 2018.
• Marlon "Jazz" Taylor, of McKenzie, TN, was sentenced to life in prison for his leadership role in a conspiracy to distribute multiple kilograms of actual methamphetamine, cocaine, marijuana, and firearms.
• James Nelson, of Memphis, was sentenced as an armed career criminal to 405 months in federal prison for being a felon in possession of a firearm he used in the domestic shooting death of his child’s mother.
• Roland Jackson and Taveyon Turnbo, both from Chicago, Illinois, were sentenced to a total of 109 months in federal prison for transporting and possession of 366 stolen firearms taken from the United Parcel Services ("UPS") facility in Memphis.
• SK Engineering & Construction Co. Ltd. (SK), one of the largest engineering firms in the Republic of Korea, pled guilty to wire fraud in connection with a fraudulent scheme to obtain U.S. Army contracts through payments to a U.S. Department of Defense contracting official and the submission of false claims to the U.S. government, resulting in the payment by the defendant of $60,578,847.08 in criminal fines, the largest fine ever imposed against a criminal defendant in the Western District of Tennessee.
• James Jackson, of Memphis, known as the "Father of Identity Theft", was sentenced to 17 years in federal prison for multiple counts of mail fraud, aggravated identity theft, access device fraud and theft of mail resulting in losses to victims of over $300,000.
• Olufolajimi Abegunde, an extradited citizen of Nigeria residing in Atlanta, and Javier Luis Ramos-Alonso, a citizen of Mexico residing in California, were sentenced to federal prison for an international cyber fraud scheme involving online dating and business email compromises.
• Sequna Copeland a/k/a "Cutthroat", of Ripley, Tennessee, was sentenced to 120 months in federal prison on two counts of being a convicted felon in possession of a firearm that was used in the murder of a pregnant woman.
• Michael Love, of Horn Lake, MS, was givenmultiple life sentences in federal prison after having been found guilty of kidnapping and sexually assaulting six women in Memphis and attempting to kidnap and rape a seventh between 2008 and 2015.
• Jamal Cherry and Wendy Thomas were sentenced to federal prison for robbery of mail, money or other property of the United States and use of a firearm during and in relation to a crime of violence, arising out of the armed robbery of a United States Postal Letter Carrier.
• Johnny Lee Nixon, Jr. was sentenced to 160 months in federal prison for Conspiracy to Commit multiple business robberies, Hobbs Act business robbery, possession of a firearm during a robbery, and receiving firearms while under indictment during 3 business robberies and 2 shooting incidents in the Brownsville, Haywood County area.
• Isaiah Miller, of Memphis, was sentenced to 300 months in federal prison for participating in multiple (4) armed carjackings and brandishing a firearm during crimes of violence.
• Keith Norris, of Weakley County, was sentenced to 23 years in federal prison for leading a drug trafficking organization in a conspiracy to distribute methamphetamine.
• Gene Allen Howell, of Selmer, Tennessee, was sentenced to 38 years in federal prison for two armed bank robberies in McNairy and Henderson counties.
• Calvin Cole a/k/a "Fathead," of Jackson, TN, was sentenced to 170 months in federal prison for being a leader in a conspiracy to distribute controlled substances from a residence in Alamo, TN.
• Argel Hernandez-Escobar was sentenced to federal prison for possessing a firearm as an illegal alien which was used in the fatal shooting of his minor child, and illegally re-entering the United States.
• Cortez Young was sentenced to a total of 52 years in federal prison for committing nine (9) armed business robberies across Memphis over a period of 44 days.
• Richard Farmer, a psychiatrist in Memphis, was sentenced to 4 years in federal prison for distribution of controlled substances outside the scope of professional practice and without a legitimate medical purpose.
• Former TDOC Correctional Officers Tommy Morris, Nathaniel Griffin, Tanner Penwell, Carl Spurlin, Jr., Cadie McAlister, and Jonathan York, were charged and convicted for their roles in the civil rights violations during the assault of an inmate, and the conspiracy to obstruct the investigation by covering up evidence and providing false information.
Mr. Dunavant also led successful investigations and federal prosecutions of multiple criminal gang organizations, including the Gangster Disciples, Major Stackz Entertainment, Stackz Squad, Vice Lords, Kitchen Crips, Bloods, Conservative Vice Lords/Concrete Cartel, Peda Roll Mafia, Fast Cash Boyz Entertainment, Young Mob, Grape Street Crips, and the Stendo gang.
Between 2017 and 2021, Mr. Dunavant supervised a Financial Litigation Unit in the U.S. Attorney’s Office that collected more than $76 million in criminal and civil actions for victims of crime and the United States Treasury.
In 2019, Mr. Dunavant initiated and joined a legal action with Deputy Attorney General Rosenstein and U.S. Attorney colleagues in Tennessee to challenge, oppose, and stay the effectiveness of BPR Formal Ethics Opinion 2017-F-163, which expanded a Tennessee prosecutor’s duty of disclosure of information beyond that which is required by well-established substantive federal law. Dunavant drafted and signed the DOJ Amicus Brief to the Tennessee Supreme Court which ultimately vacated the formal ethics opinion and clarified that prosecutors’ ethical duties under Rule 3.8(d) are coextensive with their legal obligations under Brady and its progeny.
In addition, Mr. Dunavant served on the Attorney General’s Advisory Committee’s (AGAC) Violent & Organized Crime Subcommittee, Native American Issues Subcommittee, and the Controlled Substances Subcommittee, where he provided input and guidance on a Parcel Interdiction Initiative recommendation to the Attorney General.
Mr. Dunavant was responsible for fully staffing both the Memphis and Jackson divisions of the U.S. Attorney’s Office by hiring nearly half of the Office’s current Assistant U.S. Attorneys (AUSAs), along with one-third of the Office’s support staff. He created and appointed a dedicated Appellate Division responsible for handling all appeals in both criminal and civil matters in the 6th Circuit Court of Appeals; restructured the Criminal Division of the Memphis office into three distinct subject matter units for greater efficiency; increased the appointment and allocation of Special Assistant U.S. Attorneys (SAUSAs) from state prosecutor offices; and designated an Elder Justice Coordinator to target elder fraud and financial exploitation cases. He was able to accomplish these milestones while navigating his staff through several unprecedented challenges, including the longest government shutdown in American history (from December 22, 2018, to January 25, 2019), a worldwide pandemic health crisis, nationwide civil unrest, contentious elections, and an unprecedented and unwarranted backlash against law enforcement. In 2018, the U.S. Attorney’s Office was recognized by The Commercial Appeal with a Memphis Area Top Workplace Award.
Prior to his appointment as U.S. Attorney, Mr. Dunavant served as the elected District Attorney General for the 25th Judicial District of Tennessee from 2006-2017. For eleven years prior to that, he was a partner in the law firm of Carney, Wilder & Dunavant in Ripley, Tennessee.
Effective March 1, 2021, First Assistant United States Attorney Joe Murphy will succeed Dunavant as the Acting United States Attorney for the Western District of Tennessee pursuant to the Vacancies Reform Act.
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United States Attorney Andrew E. Lelling Announces DepartureRead the Press Release
BOSTON – United States Attorney Andrew E. Lelling announced today that, effective February 28, 2021, he will step down as United States Attorney for the District of Massachusetts. Mr. Lelling tendered his resignation to the President of the United States earlier this week.
Today’s announcement marks the end of Mr. Lelling’s 20-year career in the Department of Justice, starting in 2001 as a senior official in the Civil Rights Division, followed by positions as a federal prosecutor in the U.S. Attorney’s Offices for the Eastern District of Virginia and, since 2005, for the District of Massachusetts. In September 2017, with the support of Senators Elizabeth Warren and Edward Markey, President Donald J. Trump nominated Mr. Lelling for the position of United States Attorney. In December 2017, the United States Senate voted unanimously to confirm him.
“It has been an honor to lead this office,” said Lelling. “Over the last 15 years, I have had the privilege of working not only with the best federal prosecutors in the country, but with the federal, state and local law enforcement officers who put themselves at risk to keep Massachusetts safe. My goal as U.S. Attorney has been to do this job without fear or outside influence, and to make clear that everyone – regardless of wealth, status, or position of authority – will be treated the same under the law. Massachusetts deserves nothing less.”
Under Mr. Lelling’s leadership, the U.S. Attorney’s Office brought successful, high impact cases in a number of areas.
- The office launched the most significant federal enforcement action in U.S. history targeting corruption in college admissions, an effort that sparked a national conversation on fairness and equality in the admissions process. Fifty-six people were charged in the college admissions case, 42 of whom have been convicted to date.
- In the first federal racketeering case targeting senior corporate executives for their role in exacerbating the opioid epidemic, in 2019, seven senior executives of Insys Therapeutics, Inc., including its CEO, John Kapoor, were convicted at trial.
- Lelling spearheaded a nationally recognized anti-opioid media campaign focused on preventing first time use, especially among teens. The campaign used social media and nontraditional platforms with targeted messaging developed using focus groups of teens and others. It was first of its kind in the country and reached millions of people in the Commonwealth and beyond.
- In a push to tackle public corruption in the Commonwealth, since late 2017, under Lelling’s leadership the office has charged: 11 current and former members of the Massachusetts State Police and 10 current and former members of the Boston Police Department for fraudulent overtime practices and other corruption; State Representative David Nangle for alleged fraud; and a state district court judge for alleged obstruction of justice.
- Continuing the office’s longstanding role as a leader in national healthcare enforcement, since late 2017 the office’s civil prosecutors have recovered nearly $1 billion from major pharmaceutical companies for violations of civil anti-kickback laws.
- Leading a coordinated group of federal, state and local law enforcement agencies, the U.S. Attorney’s Office prioritized rooting out drug trafficking and violent offenders in Lawrence, Mass., a city in which crime has dropped 46% in the last two years.
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Since late 2017, Lelling’s gang and organized crime prosecutors have convicted dozens of members of the violent transnational gang MS-13, and indicted more than 70 members of the Latin Kings gang, substantially dismantling both gangs in Massachusetts.
Under Lelling’s leadership, the U.S. Attorney’s Office was also a national leader in federal civil rights enforcement:
- The Office’s “pattern and practice” investigation of the Springfield Police Department was the only such investigation opened in the country under the Trump administration.
- During Lelling’s tenure, the Boston U.S. Attorney’s Office was the only one to use the Americans with Disabilities Act to require nursing facilities and county jails to provide medically assisted treatment to recovering addicts.
- Lelling’s office continues to pursue a federal civil rights investigation of allegations of mismanagement and neglect at the Holyoke Soldiers’ Home during the pandemic, a situation that resulted in the deaths of over 75 elderly veterans.
- Lelling’s office continues to negotiate with the Massachusetts Department of Correction to improve treatment of inmates requiring mental health treatment and reduce the use of restrictive housing.
Mr. Lelling added, “This is a unique and powerful job – there is no flesh-and-blood client, but only an unshakable obligation to be fair and to work in the public interest. I know that my colleagues, in the U.S. Attorney’s Office and in the law enforcement agencies we work with, share my belief that this is a calling. I look forward to new challenges in the years ahead, but I will miss the sense of mission that comes with working for the U.S. Department of Justice.”
Following Lelling’s departure, First Assistant U.S. Attorney Nathaniel R. Mendell will assume the role of Acting U.S. Attorney.
U.S. Attorney Peter McCoy Seeks Public’s Help to Fight Human TraffickingRead the Press Release
Charleston, South Carolina – Following last month’s recognition as National Slavery and Human Trafficking Prevention Month, United States Attorney Peter McCoy is urging the public to continue raising awareness about human trafficking and support efforts to fight modern-day slavery in South Carolina.
“Ending the horrendous crime of human trafficking will take an unwavering and unified commitment of law enforcement and the public,” said U.S. Attorney McCoy. “I call on the public to understand the signs, learn how and whom to report to, and stand firm with law enforcement to ensure justice is served for the victims of both sex trafficking and labor trafficking.”
Federal law defines sex trafficking as the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial act is induced by force, fraud, or coercion, or in which the person induced to perform such an act is under that age of 18 years old. Federal law defines labor trafficking as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.
While victims of human trafficking come from every area, age, gender, ethnicity, education, and socio-economic background – U.S. Attorney McCoy warns that traffickers seek out people who are vulnerable to the crime.
“Those with substance abuse problems, those with caregivers who have substance abuse problems, runaways, those who experienced childhood abuse or neglect, those with disabilities, those with unstable living and financial situations, and victims of domestic violence unfortunately have a higher chance of falling victim to sex and labor trafficking,” said U.S. Attorney McCoy.
U.S. Attorney McCoy asks the public to be alert for signs of potential trafficking.
“It is common for a trafficker to lure a victim in with stories that are simply too good to be true,” said U.S. Attorney McCoy. “Look out for stories of an instant ‘everlasting love’ or a promise of an incredible job opportunity far away but lacking any specific details of the job. Such dreams of a brighter future could quickly turn into a nightmare that is often extremely difficult to get out of.”
Should one witness these signs or have knowledge of human trafficking, U.S. Attorney McCoy implores to immediately call 911.
“If you know a victim is being trafficking or have a gut feeling that something just doesn’t add up, contact law enforcement immediately,” said U.S. Attorney McCoy. “In addition to calling 911, I ask that you also report suspicious activity to the National Human Trafficking Hotline at 1-888-373-7888.”
U.S. Attorney McCoy encourages the public to fully educate themselves on human trafficking at the U.S. Department of Health and Human Services’ Office on Trafficking in Persons website (https://www.acf.hhs.gov/otip/about/what-human-trafficking).
“As United States Attorney for the District of South Carolina, I am unwavering in my commitment to rescue and support victims of human trafficking, while seeking the harshest punishments allowable by law for human traffickers,” said U.S. Attorney McCoy. “And our office is committed to continue ensuring fellow law enforcement agencies have the latest and best training on the methods of investigating and prosecuting federal human trafficking cases. But, let me be clear, the public’s support is a critical component to the success of law enforcement’s work to stop human trafficking in South Carolina.”
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U.S. Attorney Bill Powell announces his resignationRead the Press Release
WHEELING, WEST VIRGINIA – U.S. Attorney Bill Powell, of the Northern District of West Virginia, has announced his resignation effective midnight on February 28, 2021.
Powell, a graduate of Salem College and West Virginia University College of Law, had previously served as the Chief Deputy Prosecuting Attorney in Jefferson County, West Virginia. He has also held positions as a Member of Jackson Kelly, PLLC, and as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of West Virginia.
“It has been my great professional honor to work with the dedicated men and women in the Northern District of West Virginia. It was that dedication along with their hard work that the districts’ successes were possible. I believe this district serves as an example of consistency, fairness and effectiveness. I always did my best to serve justice and to do so in an impartial manner. I will miss serving in this position more than words can express, and I wish great success to whoever is appointed as the new US Attorney.”
During Powell’s tenure as U.S. Attorney, the number of defendants charged federally has increased by 50%, with a 90% conviction rate. He championed Department of Justice initiatives, such as Elder Justice, Project Safe Neighborhoods, and battling the drug epidemic. Powell and his team took a strong stance on drugs, with 85% of drug defendants sentenced to prison. He also took a hard stance on firearms convictions, with 90% of those convicted of a firearms violation going to prison. He fostered better relationships with law enforcement, understanding that working together makes our communities safer. From 2017 to 2018, cities across the Northern District of West Virginia saw a more than 20% reduction in violent crime. Martinsburg saw a more significant drop, more than 30%.
Powell worked diligently with his staff, the FBI, and the Veterans Affairs Office of Inspector General to ensure that the murders of eight veterans at the Louis A. Johnson VA Medical Center were fully investigated and the person responsible was brought to justice. Reta Mays, a former employee at the hospital, admitted her guilt in July 2020. Mays pled guilty to seven counts of second-degree murder in the deaths of seven veterans and one count of intent to commit murder involving the death of the eighth veteran. Mays will be sentenced later this year. She faces life imprisonment.
Powell also oversaw an active participation in solutions to curb the opioid epidemic in the District, understanding that prosecutions are only a small part of helping to reduce the substance abuse issue in West Virginia. The office has become active with several Quick Response Teams in the District, offering support and staff to assist with their good work. He also committed thousands of hours of staff for prevention presentations at schools across the district, reaching thousands of students each year.
Drug prosecutions took up the majority of the criminal docket each year, as the office, along with law enforcement partners, focused on dismantling multiple drug trafficking operations that involved many other states and jurisdictions. From charging MS-13 gang members for trafficking to dissecting and dissolving criminal enterprises that trafficked hundreds of pounds of dangerous drugs into the Mountain State, Powell led his team in taking a hard stance on reducing drugs being brought into the state by out-of-state drug dealers looking to prey on West Virginians.
In 2018, Powell announced Operation Synthetic Opioid Surge (S.O.S.), created by the Attorney General, which focuses on a surge in prosecutions of those distributing fentanyl and other synthetic opioids. The Northern District of West Virginia was one of 10 participating districts. SOS focused efforts in the NDWV in Berkeley County. Berkeley County has consistently seen the highest rate of overdose deaths in the district. In 2020, there were 50 defendants named in 11 indictments under the SOS initiative.
Powell was one of nine U.S. Attorneys to be an integral part of the Appalachian Regional Prescription Opioid Strike Force (ARPO Strike Force), a joint law enforcement effort that brings together the resources and expertise of the Health Care Fraud Unit in the Criminal Division’s Fraud Section (HCF Unit), the U.S. Attorney’s Offices in five states, as well as law enforcement partners at the FBI, U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) and U.S. Drug Enforcement Administration (DEA). The mission of the ARPO Strike Force is to identify and investigate health care fraud schemes in the Appalachian region and surrounding areas. Powell was insistent that efforts be made to hold physicians and pharmacists accountable for illegally prescribing and distributing opioids, and several were prosecuted. The District’s civil division also did its share and garnered large settlements with healthcare providers, including a $50 million settlement with Wheeling Hospital, Inc., in 2020.
Powell serves as the vice chair of Appalachia HIDTA (High-Intensity Drug Trafficking Area). The Appalachia HIDTA mission is to enhance and coordinate drug enforcement efforts of local, state and federal law enforcement agencies within areas designated as High Intensity Drug Trafficking Areas by pursuing the disruption/dismantlement of Drug Trafficking Organizations, particularly as it relates to the specific drug threat of the Appalachian region. Several of the district’s drug task forces are partially or completely funded by Appalachia HIDTA and Washington/Baltimore HIDTA.
The office also worked diligently on behalf of victims, ensuring their voices were heard and cases litigated. From October 2017 to February 2021, the District recovered nearly $60 million in civil and criminal collections for victims, as well as secured multiple years of incarceration for their perpetrators.
In the three and a half years as U.S. Attorney, Powell hired 13 new Assistant U.S. Attorneys to continue criminal and civil work in the district. He also hired 12 new support staff to work in the district’s four offices.
Powell was nominated by President Donald J. Trump to serve as the United States Attorney for the Northern District of West Virginia on August 3, 2017. He was confirmed by the United States Senate on October 3, 2017. On October 13, 2017, Chief United States District Judge Gina M. Groh administered the oath of office to the U.S. Attorney Powell, making him the 28th person to serve in this position.
The Northern District of West Virginia covers 32 counties, and includes the cities of Wheeling, Martinsburg, Clarksburg, and Elkins. The United States Attorney’s Office, with staffed offices in those cities, has 25 attorneys and is responsible for conducting all criminal and civil litigation in the district involving the United States government.
Powell’s post-resignation plans have not been announced.
Two Louisiana Return Preparers Plead Guilty to Tax Fraud ConspiracyRead the Press Release
Two Louisiana tax preparers pleaded guilty today to conspiracy to defraud the United States, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Peter G. Strasser for the Eastern District of Louisiana.
According to court documents and statements made in court, from January through April 2015, Morgan Antoine and Jennifer Austin conspired to file false tax returns for clients of Pelicans Income Tax and Payroll Service, a tax preparation business located in Kenner and Westwego, Louisiana. Antoine and Austin prepared client returns reporting false income and withholdings in order to generate larger tax refunds. In addition to preparing false returns for her clients, Antoine also filed a fraudulent personal return that claimed a false dependent. In total, Antoine and Austin caused a tax loss of more than $550,000.
U.S. District Judge Sarah S. Vance scheduled sentencing for May 26, 2021. At sentencing, Antoine and Austin each face a maximum sentence of five years in prison. Antoine and Austin also face a period of supervised release, restitution, and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Strasser commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jessica Kraft and William Montague of the Tax Division and Assistant U.S. Attorney Carter Guice, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Two Federal Law Enforcement Task Force Officers Receive National Organized Crime and Drug Enforcement Task Force AwardsRead the Press Release
RALEIGH, N.C. – Today, the Director of the Department of Justice Organized Crime and Drug Enforcement Task Forces (OCDETF) recognized Jason Corprew, a task force officer with the Drug Enforcement Administration, and Kevin Perry, a task force officer with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, for their outstanding work with and their commitment to the OCDETF Program. Officer Corprew is an officer with the Wilson Police Department, and Officer Perry is a deputy sheriff with the Sampson County Sheriff’s Office. Both officers were nominated due to their work on OCDETF operations in the Eastern District of North Carolina and were two out of nine awardees in the country.
The National OCDETF Awards recognize outstanding investigations, as well as individuals that best exemplify the prosecutor led, intelligence driven, multi-agency mission of the OCDETF program. These officers demonstrated leadership and commitment, overcoming seemingly insurmountable obstacles to bring an investigation from sometimes one traffic stop or single drug arrest to targeting and dismantling of national and international criminal organizations. These investigations have resulted in numerous arrests and successful prosecutions, and lengthy sentences from 20 years to life imprisonment for some of the most dangerous individuals involved in these organizations. Officers Corprew and Perry relentlessly pursued these organizations, spending countless hours over several years to bring members of the organizations to justice. These officers were the backbones of complicated investigations, taking these dangerous individuals off the streets of the Eastern District of North Carolina and off the streets of multiple other states and countries.
The Organized Crime and Drug Enforcement Task Forces Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF strategy aims to focus federal drug resources on reducing the flow of illicit drugs and drug proceeds by identifying and targeting major trafficking organizations, eliminating the financial infrastructure of drug organizations by emphasizing financial investigations and asset forfeiture, redirecting federal drug enforcement resources to align them with existing and emerging drug threats, and conducting expanded, nationwide investigations against all the related parts of the targeted organizations.
The awards were presented by Robert J. Higdon, Jr, the United States Attorney for the Eastern District of North Carolina. Principle Associate Director of the OCDETF Program, Gil Guerrero, OCDETF Southeast Regional Director Michael Smith, DEA Assistant Special Agent in Charge of the Raleigh, NC, office, Matthew O’Brien, and ATF Special Agent in Charge of the Wilmington, NC, office, Shawn Stallo, also made remarks. During the presentation of the awards, special appreciation was shown for the Chief of the Wilson Police Department, Thomas Hopkins, and the Sheriff of Sampson County, Jimmy Thornton, for their departments’ willingness to contribute these Officers and many other resources to the mission of the Organized Crime and Drug Enforcement Task Force.
Trenton Man Sentenced for Possessing Firearms as a FelonRead the Press Release
RALEIGH, N.C. – A Trenton man was sentenced today to 48 months in prison for possessing firearms as a convicted felon.
According to court documents, Gregory Wade Howard, Jr., 34, possessed handguns on two separate occasions in October and December 2019, while he was on supervised probation. On October 17, 2019, probation officers and deputies with the Jones County Sheriff’s Office found a handgun during a search of Mr. Howard’s residence in Trenton. On December 9, 2019, medical personnel and Sheriff’s Deputies responded to Mr. Howard’s residence after an emergency call for assistance for a drug overdose. While rendering assistance to Mr. Howard the deputies found another handgun in the residence. Mr. Howard had previously been convicted of several felonies, including a previous federal conviction for possessing a firearm as a felon in the Eastern District of North Carolina.
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. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted 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.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Jones County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the North Carolina Department of Public Safety, Division of Adult Corrections and Juvenile Justice, and the District Attorney’s Office for Onslow, Duplin, Sampson and Jones Counties investigated and assisted with the case and Assistant U.S. Attorney John Parris prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-cr-00040-D-1.
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Ten defendants charged with drug trafficking conspiracy alleging prescription drug fraudRead the Press Release
SAVANNAH, GA: Ten people have been charged in a federal indictment alleging a conspiracy to obtain and sell large amounts of opioids through fraudulent prescriptions.
The indictment charges eight men and two women with taking part in a scheme to use forged and fraudulent prescriptions to obtain large amounts of the highly addictive opioid Oxycodone, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. All 10 defendants are charged with Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone, which carries a possible prison term of up to 20 years upon conviction.
There is no parole in the federal system.
“As the opioid addiction crisis continues to rage across our nation, law enforcement agencies welcome the assistance of vigilant prescribers and pharmacists in detecting potentially illegal activity,” said Acting U.S. Attorney Estes. “This cooperation is vital in battling the damage from illegally obtained opioids.”
A pharmacist in Savannah first raised an alarm in April 2020 when she questioned the authenticity of a prescription for Oxycodone-Acetaminophen and contacted the Savannah Police Department and the U.S. Drug Enforcement Administration’s Savannah Tactical Diversion Squad. As alleged in the indictment, the conspiracy involves the defendants forging the signatures of at least seven doctors on prescriptions and then filling these fraudulent prescriptions in at least three counties across Georgia – Chatham, Richmond and Columbia. The indictment alleges that defendants filled more than 25 fraudulent prescriptions to procure in excess of 2,000 pills.
The defendants named in the indictment, and their charges, are:
- Raheem Hardy, 28, of Lithonia, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone);
- Ke’Vontae Jenkins, 23, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone);17 counts of Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; two counts of Attempt to Acquire Possession of a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; Possession of a Stolen Firearm; and Possession of Ammunition by a Convicted Felon;
- Denzil Shaw, 24, of Beech Island, S.C., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone); seven counts of Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; two counts of Attempt to Acquire Possession of a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; and Possession of a Firearm by a Convicted Felon;
- Antonio Wideman, 27, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone);
- Ronald Clements, 29, of Lithonia, Ga., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone);
- Darien Grant, 27, of North Augusta, S.C., charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone);
- Kentrell Thomas, 20, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone); and two counts of Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge;
- Marquaill Leverett, 22, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone); and Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge;
- Destiny Thompson, 20, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone); two counts of Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; and one count of Attempt to Acquire Possession of a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge; and,
- Kitana Long, 22, of Augusta, charged with Conspiracy to Possess with Intent to Distribute and to Distribute Controlled Substance (Oxycodone); and three counts of Acquiring or Obtaining a Controlled Substance (Oxycodone) by Misrepresentation, Fraud, Forgery, Deception or Subterfuge.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
Robert J. Murphy, the Special Agent in Charge of DEA’s Atlanta Division said, “Addressing the country’s opioid addiction continues to be a top priority for DEA. In this case, the pharmacist’s vigilance was an integral part of this investigation. DEA, its law enforcement partners and the U.S. Attorney’s Office, will not stand idly by and allow criminals to profit off of the addictions of others.”
“The opioid crisis in this country is real and we are experiencing the harmful effects in this area firsthand. The alleged actions of these 10 individuals to use forgery and fraud to illegally obtain prescription medication and then funnel those toxins into our community is despicable,” said Chatham-Savannah Counter Narcotics Team Director Michael G. Sarhatt. “CNT remains dedicated to identifying and investigating the individuals who are illegally supplying these highly addictive substances to our community. We are working closely with our partner law enforcement agencies to use our collective resources to stem the tide of the addiction crisis impacting this area.”
The case is being investigated by the DEA, the Chatham Savannah Counter Narcotics Team, the Pooler Police Department, and the Savannah Police Department, with assistance from the Columbia County Sheriff’s Office and Richmond County Sheriff’s Office, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Attorneys Matthew A. Josephson and Organized Crime Drug Enforcement Task Force Coordinator Marcela C. Mateo.
South Georgia Convicted Felon, Wanted at the Time of His Arrest, Facing Ten Years in Federal Prison for Possessing a FirearmRead the Press Release
VALDOSTA, Ga. – A South Georgia man with an extensive criminal history is facing a maximum ten years in federal prison after pleading guilty to illegally possessing a firearm, said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia.
Jamie Dean Fountain, 31, of Valdosta, pleaded guilty to one count possession of a firearm by a convicted felon before U.S. District Judge Louis Sands on Tuesday, February 9. Fountain faces a maximum ten years in prison, to be followed by three years of supervised release, and a $250,000 fine. A sentencing date has not been scheduled. There is no parole in the federal system.
On July 16, 2019, Clinch County, Georgia, Sheriff’s deputies approached Fountain’s car, which was parked in Homerville, Georgia. At the time, there was an active warrant for Fountain’s arrest, and one of the deputies knew Fountain might be in possession of a gun. When the deputies pulled behind his vehicle, Fountain pulled out a black shotgun and began to raise the weapon. Deputies drew their weapons and gave Fountain commands to place his shotgun on the roof of his car. Fountain complied and was taken into custody. Fountain has multiple prior felony convictions, to include burglary, escape, and criminal damage to property, in Clinch County, Lowndes County and Ware County Superior Courts, dating back to 2008. Because of these crimes, Fountain has served four separate prison sentences in state prisons.
“Convicted felons, especially those with lengthy criminal histories like Fountain, will face federal prosecution and the possibility of a steep federal prison sentence, without parole, for possessing a firearm,” said Acting U.S. Attorney Leary. “I want to commend the Clinch County deputies for safely bringing this defendant into custody and protecting the citizens of Clinch County.”
“The Clinch County Sheriff’s Office will continue to work with the United States Attorney’s Office in the Middle District of Georgia to pursue violent criminals who cause disruption in the county. Working joint cases with other agencies and the Department of Justice benefits all citizens of Clinch County,” said Clinch County Sheriff Stephen Tinsley.
The investigation was conducted 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.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The investigation was conducted by the Clinch County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Robert McCullers. Questions can be directed to Pamela Lightsey, Public Information Officer, U.S. Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Officer (Contractor), U.S. Attorney’s Office, at (478) 765-2362.
Sharpsburg Felon Pleads to Firearms OffenseRead the Press Release
PITTSBURGH - A resident of Sharpsburg, PA pleaded guilty to a charge of violating a federal firearms law, United States Attorney Scott W. Brady announced today.
Christopher Flewellen, 28, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
According to the Indictment, on May 28, 2020, Flewellen was found to be in possession of a firearm. Flewellen is prohibited from carrying firearms due to a prior conviction.
In connection with the guilty plea, the court was advised that on or about May 28, 2020, Flewellen possessed a firearm knowing he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year.
Judge Fischer scheduled sentencing for May 20, 2021. The law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000.00, a term of supervised release of 3 years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jonathan D. Lusty is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and Allegheny County Police Department conducted the investigation that led to the prosecution of Christopher Flewellen.
Puerto Rican Man and Buffalo Man Plead Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Harold Alexis Ortiz Cosme, 22, of Puerto Rico, and Luis G. Candelario, 26, of Buffalo, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Charles E. Watkins, who is handling the case, stated that on February 7, 2020, a federal search warrant was executed on a suspicious parcel in Puerto Rico addressed to “Harold Ortiz.” The package contained approximately one kilogram of cocaine, which was replaced with sham and sent on to its destination. On February 12, 2020, a controlled delivery of the package was conducted at a residence on Grant Street in Buffalo, which was rented by defendant Candelario in furtherance of the conspiracy. Candelario received the package, then got into a vehicle and took the package to defendant Cosme, who placed it in the trunk of his vehicle. Investigators conducted a traffic stop of both vehicles and recovered the parcel. A search of the Grant Street residence found the apartment devoid of any furniture, except for a chair located at a window with a clear view of the street and mailbox, indicating that the sole purpose of the apartment was to possess narcotics in furtherance of the conspiracy. The defendants were subsequently arrested.
The pleas are the result of an investigation by the U.S. Postal Inspection Service, under the direction of Boston Division Inspector-in-Charge Joseph W. Cronin, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan.
Defendants Cosme and Candelario will be sentenced on June 7 and June 9, 2021, respectively, both before Judge Sinatra.
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Providence Man Sentenced in California to Rhode Island Heroin an Cocaine PipelineRead the Press Release
PROVIDENCE – A Providence man who admitted to participating in a criminal drug conspiracy that shipped more than 200 packages containing large quantities of heroin and cocaine from Los Angeles, Culver City, and Marina del Rey, CA, to cities and towns in the greater Providence and Southeastern Massachusetts areas has been sentenced to five years in federal prison.
Shawn A. Silva, 38, previously admitted to the court that between May 2017 and August 2019, he routinely traveled to cities and towns in the greater Providence and Southeastern, Mass., areas to retrieve parcels that contained large quantities of heroin and cocaine shipped to commercial mail receiving agencies.
An investigation by the United States Postal Inspection Service and Rhode Island High Intensity Drug Trafficking Task Force determined that at least 219 packages containing heroin and cocaine were shipped by members of the conspiracy from California to the greater Providence and Southeastern, MA, areas.
A co-defendant in this matter, Robert A. Brown, 32, of Los Angeles, CA, previously admitted to the court that he and others purchased large quantities of heroin and cocaine, and that they broke the larger quantities into smaller packages and shipped the packages to, among other places, commercial mail receiving agencies in the greater Providence and Southeastern, MA, areas.
A court-authorized search of Brown’s Los Angeles apartment on August 14, 2019, resulted in the seizure of more than a kilogram of cocaine in vacuumed sealed bags, $32,150 in cash, a loaded semi-automatic handgun and a semi-automatic rifle, various Priority Mail package receipts, commercial mailbox rental receipts, numerous fraudulent driver’s licenses, a cash counting machine, and various items used in the packaging and distribution of drugs.
Silva and Brown pleaded guilty to conspiracy to possess more than one kilogram of cocaine, possession with intent to distribute more than 500 grams of cocaine, and possession with intent to distribute more than 100 grams of heroin.
Brown, who pleaded guilty on July 28, 2020, was sentenced by U.S. District Court Judge William E. Smith on October 29, 2020, to 78 months in federal prison, to be followed by four years of supervised release.
Silva, who pleaded guilty on November 11, 2020, was sentenced Tuesday by U.S. District Court Judge William E. Smith to 60 months in federal prison to be followed by four years of supervised release.
Additionally, Joel P. Sennon, 42, of Providence, previously pleaded guilty to conspiracy to possess more than one kilogram of cocaine and possession with intent to distribute more than 500 grams of cocaine. He is scheduled to be sentenced on March 5, 2020.
Giselle S. Polanco, 22, and Marion V. Gamboa, 25, of Providence, previously pleaded guilty to charges brought as a result of this investigation and are awaiting sentencing. Sentencing hearings have not yet been scheduled.
Deondre Jones, 43, of Los Angeles, and Valerie G. Gamboa, 26, of Providence, are awaiting trial.
The cases are being prosecuted by Assistant U.S. Attorneys William F. Ferland and Christine D. Lowell.
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Postal Worker Indicted on Mail Theft ChargeRead the Press Release
BOSTON – A former U.S. Postal Service mail carrier was arrested today and charged with stealing mail.
Brian Thibodeau, 48, was indicted on one count of theft of mail by an employee of the U.S. Postal Service. Thibodeau was released on conditions following an initial appearance before U.S. Magistrate Judge Marianne B. Bowler.
Beginning in 2001, Thibodeau worked for many years as a letter carrier in the Saugus Post Office. It is alleged that, in 2020, Thibodeau stole customers’ gift cards sent in the mail and spent them for his personal use. Thibodeau admitted to stealing approximately $2,000 worth of gift cards from postal customers on his route.
The charging statute provides for a sentence of up to five years in prison, three years of supervised release, a fine of $250,000, or twice the gross gain or loss, whichever is greater; and restitution. 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 and Matthew Modafferi, Inspector in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office made the announcement today. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Lelling’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Perryton Police Officer Charged with Transporting Child PornographyRead the Press Release
A Perryton, Texas Police Officer has been charged with uploading and sharing sexually explicit images of children on the internet, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Aaron B. Daugherty, 35, an officer with the Perryton Police Department, was charged via criminal complaint with transportation of child pornography. Mr. Daugherty was arrested at his residence on Tuesday morning, and made his initial appearance in federal court today.
“Mr. Daugherty’s alleged conduct not only victimized children, it shattered the public’s trust given to him as a police officer,” said Acting U.S. Attorney Prerak Shah. “The Department of Justice will not tolerate anyone who uses the internet to prey on children for sexual gratification.”
“Law enforcement officers are held to the highest standards,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “Instead of protecting our most vulnerable population this defendant exploited them by allegedly viewing, uploading and sharing child pornography. We will continue to work with our partners to serve justice for these innocent victims.”
According the complaint, Mr. Daugherty allegedly used Kik, a messaging app popular among teenagers, to upload and share explicit images and videos of child pornography.
Law enforcement initiated an investigation of a Kik user, later identified as Mr. Daugherty, who was in a chat group sharing multiple images and videos of child pornography. The videos and images allegedly depicted children as young as toddlers and infants engaged in sexually explicit conduct. In one instance, while in a Kik chat group on June 22 at approximately 6:37 am, Mr. Daugherty stated, “I’m here to look at CP, everybody . . . Go on with the CP content!”
Federal agents requested the subscriber data for Mr. Daugherty’s alleged Kik account. Kik provided the account information including the IP address. Agents subsequently subpoenaed the subscriber information associated with the uploads and traced it back to Mr. Daugherty.
A search of Mr. Daugherty’s residence revealed a cell phone with Kik installed. Under questioning, Mr. Daugherty allegedly acknowledged he was the sole owner of the Kik account, which he said he used to view, upload, and share child pornography.
A complaint is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Daugherty is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison.
The FBI Dallas Field Office – Amarillo Resident Agency, the Texas Rangers, and the Winnebago County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Joshua Frausto is prosecuting the case.
Owner of South Haven Home Health Care Company Sentenced to Five Years of Prison for Health Care FraudRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that Kenneth Nash, the owner of a South Haven home health agency, was sentenced to sixty-three months in federal prison. Nash pled guilty to health care fraud on October 28, 2020, admitting that his company, Universal Home Health Care, submitted claims for home health services totaling more than $750,000 when no physician had approved the services but, instead, employees forged physician signatures at Nash’s direction and with his knowledge. The federal investigation further revealed that Universal also billed Medicare for services that were not provided and that were medically unnecessary, as some of the patients were not homebound. At the sentencing hearing in Kalamazoo, Michigan, United States District Judge Paul L. Maloney also imposed three years of supervised release following imprisonment and a restitution order of $755,628.52.
Upon the execution of federal search and seizure warrants in June of 2018, Nash closed the business and forfeited two Mercedes Benzes, a Land Rover, an Aston Martin, a Jaguar convertible, and a motorhome that had been purchased with proceeds from the fraud. In imposing a sentencing at the high end of the sentencing guidelines, Judge Maloney noted that Nash had a history of prior fraud convictions, that this offense involved a large loss to a government program, and that other health care providers needed to be deterred from defrauding Medicare.
U.S. Attorney Andrew Birge noted that “This sentence should serve as a warning to others in the health care industry that fraudulent billing has significant consequences. Mr. Nash has had to give up all he gained from his scheme and now his freedom as well.”
“Healthcare fraud is not a victimless crime,” said Lamont Pugh III, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “Medically unnecessary services can adversely impact a patient’s well-being and false and/or fraudulent billings waste limited tax-payer dollars that support federally funded programs such as Medicare and Medicaid. The OIG will continue to work to identify, investigate and hold accountable those who choose to engage in these criminal acts.”
“This sentence sends an unambiguous message that those who cheat Medicare will be held accountable," said Timothy Waters, Special Agent in Charge of the FBI in Michigan. "These taxpayer-funded programs are designed to provide essential medical services to the elderly, not to enrich corrupt health care professionals and other fraudsters."
The investigation was conducted by the U.S. Department of Health and Human Services, Office of Inspector General, the Federal Bureau of Investigation, and the U.S. Attorney’s Office for the Western District of Michigan. Assistant U.S. Attorney Raymond E. Beckering III represented the United States.
Health care fraud costs all taxpayers and can be associated with harm to patients. You can report suspected health care fraud at https://tips.oig.hhs.gov/ or by calling the U.S. Attorney’s Office at (616) 456-2404 and requesting to speak with a health care fraud investigator.
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Orlando Man Sentenced to over Three Years in Federal Prison for Possessing A Firearm as A Convicted FelonRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron today sentenced Louis Farmer, Jr. (24, Orlando) to 3 years and 10 months in federal prison for possessing a firearm as a convicted felon. Farmer had been found guilty on November 13, 2020, following a bench trial.
According to court documents, on September 30, 2019, at approximately 2:00 a.m., following a traffic accident in downtown Orlando, law enforcement officers observed a loaded AR-15 rifle in Farmer’s vehicle. As law enforcement officers began investigating the traffic accident, Farmer stepped out his car and attempted to flee from the officers. He was apprehended a short time later. Further investigation revealed that Farmer also had in his possession a second firearm, as well as heroin. At the time of the incident, Farmer was on state supervised release, following a 36-month state prison sentence for robbery with a firearm and aggravated battery with a firearm, and therefore, is prohibited from possessing firearms or ammunition.
This case was investigated by the Federal Bureau of Investigation and the Orlando Police Department. It was prosecuted by Assistant United States Attorneys Shawn P. Napier and Amanda Daniels.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Ocala Man Sentenced to 12 Years in Federal Prison for Conspiring to Distribute MethamphetamineRead the Press Release
Ocala, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Dominique Lamar Oliver (31, Ocala) to 12 years in federal prison for conspiracy to distribute methamphetamine. Oliver had pleaded guilty on October 2, 2020.
According to court records, in July 2019, Oliver collided with a Marion County fire truck that had stopped for an accident on County Road 326. Moments after the collision, firemen observed Oliver attempt to conceal a backpack in the high grass of the median. A Florida Highway Patrol trooper subsequently recovered the backpack that contained marijuana, cocaine, various prescription pills, and several baggies used to distribute drugs. Investigators found a package addressed to Oliver containing 447 grams of methamphetamine (valued at between $25,000 and $35,000) inside Oliver’s disabled vehicle.
After his arrest, federal agents with the United States Postal Service, Office of Inspector General began investigating Oliver. Agents discovered that in the year leading up to the collision, Oliver had received 112 packages from source states including California, Washington, and Nevada. Oliver eventually admitted to the agents that he had been ordering marijuana, pills, and methamphetamine from the “dark web” and distributing the drugs in the Middle District of Florida.
This case was investigated by the United States Postal Service, Office of Inspector General and the Florida Highway Patrol. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
Norwalk Fitness Club Agrees to Comply with the ADA and Improve AccessibilityRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that the U.S. Attorney’s Office has reached a settlement agreement with Fitness International, LLC, doing business as L.A. Fitness, to resolve allegations that an L.A. Fitness club in Norwalk was not operating in compliance with the Americans with Disabilities Act of 1990 (“ADA”).
The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that the L.A. Fitness club located at 761 Main Avenue in Norwalk was not accessible to individuals with physical disabilities. L.A. Fitness is in the process of making required changes to the location, including improving the accessibility of the facility’s fitness equipment areas, adding accessible features to restrooms and locker rooms, ensuring access to all guests in the pool area, and making improvements in the “Kids Klub” area to ensure access for individuals with disabilities.
Fitness International, LLC will continue to make improvements over the next three years.
Under federal law, health club facilities are considered “public accommodations” and are prohibited from discriminating on the basis of disability. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance of covered entities. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance, and to seek injunctive relief, monetary damages, and civil penalties.
U.S. Attorney Durham noted that the Fitness International, LLC has worked cooperatively and collaboratively with the U.S. Attorney’s Office to address the ADA issues without litigation and to make comprehensive changes to the Main Avenue health club facility to improve accessibility.
Any member of the public who wishes to file a complaint alleging that a health club facility or any other place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
This matter was handled by Assistant U.S. Attorney Brenda M. Green of the District of Connecticut in coordination with the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
North Country Man Sentenced to 60 Months on Drug Distribution ConvictionRead the Press Release
ALBANY, NEW YORK – Terry Thomas, age 33, of Hogansburg, New York, was sentenced today to 60 months in prison for possessing and intending to distribute a large amount of marijuana in Clinton County.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his guilty plea, Thomas admitted that on May 16, 2019, he transported 12 hockey bags containing 337 pounds of marijuana with the intent to distribute the drugs in the Northern District of New York. Thomas admitted that he was heading south on Interstate 87 near Plattsburgh, New York, when he was pulled over by police. Thomas admitted that he had the hockey bags in the rear of his truck, and the bags were full of multiple vacuum-sealed plastic bags of marijuana, totaling 337 pounds.
Senior United States District Judge Gary L. Sharpe also imposed a 4-year term of supervised release, to begin after Thomas’s release from prison.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Troy Anderson.
New York City Department of Buildings Inspector Charged in Queens Bribery SchemeRead the Press Release
A criminal complaint was filed today in federal court in Brooklyn charging New York City Department of Buildings (DOB) Inspector Francesco Ginestri with solicitation and receipt of a bribe in exchange for his agreement to ensure that DOB would not issue a fine in connection with a stop work order. Ginestri was arrested this morning and made his initial appearance via videoconference this afternoon before United States Magistrate Lois Bloom. The defendant was released on a $150,000 bond.
Seth D. DuCharme, Acting United States Attorney for the Eastern District of New York, announced the arrest and charge.
“As alleged, Ginestri, a buildings inspector who was entrusted with protecting public safety at city construction sites, instead exploited his position to line his pockets with a cash bribe,” stated Acting United States Attorney DuCharme. “This Office will vigorously prosecute those who would betray their public trust for personal gain.”
Mr. DuCharme thanked the Federal Bureau of Investigation, New York Field Office, U.S. Department of Labor, Office of Inspector General, and the New York City Department of Investigation, for their exemplary work on the case.
According to the complaint, on July 31, 2020, Ginestri re-inspected a construction site in Flushing, New York, after a stop work order was issued for safety violations earlier in the month. After learning that construction had continued during the pendency of the stop work order, Ginestri solicited a $1,200 cash bribe from an employee of the construction company in exchange for the defendant’s agreement to ensure that DOB would not issue a $25,000 fine to the company. In August 2020, an employee of the construction company met Ginestri at a bakery and provided him with the $1,200 bribe payment. The meeting was recorded under the supervision of federal law enforcement agents.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Tanya Hajjar and Alicia N. Washington are in charge of the prosecution.
The Defendant:
FRANCESCO GINESTRI
Age: 36
Queens, New YorkE.D.N.Y. Docket No. 21-MJ-169
New Hampshire Man Convicted of Interstate Stalking and Domestic Violence ChargesRead the Press Release
PORTLAND, Maine: A Somersworth, New Hampshire man pleaded guilty today in federal court to stalking and traveling interstate to violate a protection order, U.S. Attorney Halsey B. Frank announced.
According to court documents, in June 2020, Lawrence Keenan IV, 30, began sending harassing text messages to a former girlfriend and her family in an effort to reconcile. When the victim, who resided in South Berwick, Maine at the time, refused to respond, Keenan also sent threatening messages to the victim and her former husband, which caused them both emotional distress. The victim then obtained a temporary protection order from the Maine District Court in York. The order prohibited Keenan from contacting the victim or entering her residence, which Keenan later did, resulting in his arrest. The temporary order was later made final by the Maine District Court. Keenan was released on bail with a new condition that he not return to South Berwick.
In late June 2020, Keenan left approximately 23 harassing and threatening voicemails for the victim in violation of the final protection order and state bail conditions. In the last message, Keenan warned the victim that he was on his way to her residence. Keenan drove from New Hampshire to Maine with the intent to violate the protection order. In the early morning of June 29, 2020, the South Berwick Police responded to a 911 call and found Keenan inside the porch of the victim’s residence. She was not home at the time.
Keenan faces up to five years in prison and a fine of up to $250,000 on each charge. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The South Berwick, Maine and Somersworth, New Hampshire police departments; the York County District Attorney’s Office; and the FBI investigated the case.
This case was 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.
Natick Man Charged with Fentanyl, Methamphetamine and Heroin Trafficking and Drug Distribution Resulting in DeathRead the Press Release
BOSTON – A Natick man was charged in a superseding indictment today in connection with fentanyl trafficking resulting in the death of a 24-year old woman in Natick in November 2019.
Rafael Ashworth, 27, was charged in a superseding indictment on one count of distribution of and possession with intent to distribute fentanyl resulting in death and one count of possession with intent to distribute 40 grams or more of fentanyl, 50 grams or more of methamphetamine and heroin. Ashworth was initially indicted on Dec. 18, 2019. He was arrested by state authorities on Nov. 17, 2019 and has been in custody since.
According to court documents, after responding to a report of an overdose death at Ashworth’s apartment, police found Ashworth with approximately 100 grams of a substance containing fentanyl, methamphetamine, and heroin along with other paraphernalia associated with drug packaging and distribution. Police also found a deceased woman in the apartment, who is believed to have died from a fentanyl overdose.
The charge of possession with intent to distribute more than 40 grams of fentanyl, 50 grams or more of methamphetamine, and heroin carries a mandatory minimum sentence of five years and up to 40 years in prison, at least four years of supervised release and a fine of up to $5 million. The charge of distribution of and possession with intent to distribute fentanyl resulting in death carries a mandatory minimum sentence of 20 years and up to life in prison, at least three years of supervised release and a fine of up to $1 million. 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 and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement today. Special assistance was provided by the Natick Police Department and the Massachusetts State Police. Assistant U.S. Attorneys Leah Foley and Stephen Hassink of Lelling’s Narcotics and Money Laundering Unit are 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.
Mother & daughter sentenced for income tax evasion of more than $3.7 millionRead the Press Release
COLUMBUS, Ohio – Theresa R, Gregory, 67, of Mount Vernon, Ohio, was sentenced to 36 months of imprisonment for evading the assessment and payment of incomes taxes due to the Internal Revenue Service (IRS). Gregory pleaded guilty to the aforementioned charges on Aug. 28, 2020.
Tera L. Gore, 44, of Croton, Ohio was sentenced to six months of imprisonment to be followed by 12 months of home confinement on the same charges. Gore also pleaded guilty on Aug. 28, 2020.
As part of their sentences, Gregory and Gore were ordered to pay $3.3 million in restitution. Gregory was also ordered to pay a $20,000 fine.
According to court documents, between January 2008 and December 2017, Theresa Gregory and her daughter, Tera Gore, evaded the assessment and payment of income taxes owed to the IRS by Gregory. As Gregory earned millions of dollars annually, Gregory and Gore worked together to hide Gregory’s income and assets. They also falsified documents to help Gregory purchase a second home in Florida, including a bank statement that claimed a bank account held nearly $2 million more than it actually held.
Since the 1990’s, Gregory has earned income from multi-level marketing companies. As a distributor, Gregory earned commissions and bonuses based on the volume of products she sold, as well as the volume of products sold by other individual’s she recruited to be part of her distributor network. By 2012, Gregory's annual income exceeded $900,000. In each subsequent year, Gregory's annual income exceeded $1 million, and in at least one year exceeded $4.5 million. Between January 2009 through December 2017, Gregory earned approximately $17,498,680.55 in gross income from the multi level marketing companies.
Despite this substantial amount of income, according to IRS records, Gregory failed to voluntarily file personal income tax returns and has paid no personal income taxes (other than Form W-2 withholdings) for over 20 years, even though she had an annual obligation to do so. Dating back to at least 1993, Gregory has been the subject of several IRS civil examination and collection proceedings. During this period, in furtherance of its examination and collection efforts, the IRS conducted audits, filed substitutes for return, and filed tax liens. The IRS also notified Gregory of her ongoing obligation to file tax returns for more recent years. Gore knew that Gregory owed a substantial amount of money for her personal taxes.
Gregory and Gore worked together to conceal Gregory's income and assets from the IRS. Gregory and Gore systematically moved assets, including businesses and bank accounts, out of Gregory's name and into Gore's name. Gregory and Gore directed income owed to Gregory to entities and accounts nominally in the control of Gore. Gregory and Gore took these steps so that IRS records would not link the income or assets to Gregory and did so with the intent to evade the payment and assessment of taxes.
Gregory retained personal control of the funds received from the multi-level marketing companies. She spent the funds on lavish personal expenses, including home furnishings and home improvements, at high-end retailers such as Louis Vuitton, Jimmy Choo, Saks Fifth Avenue and Nordstrom, on cruises, horse dealers, quarter horse events, custom horse show clothing, gifts for Gore and other family members, mortgage payments on a house in Florida and at various automotive dealerships.
Gore benefitted from her criminal actions through gifts from Gregory. Gore had bank cards for the bank accounts in her name, and she used them for a substantial amount of personal expenses for herself and her family. Gregory also authorized the use of funds to purchase and subsidize a feed store, and to purchase and subsidize the operation of an equestrian training center and wedding venue that Gore operated. Gregory also authorized the use of funds to pay a private tutor and horse trainers for Gore's daughter, and for other individuals who provided personal services to Gore.
Gregory and Gore also worked together to alter, falsify, forge, and fabricate financial and other business documents relative to Gregory's purchase of a second home in Grand Island, Florida, for $1,115,000. Gregory financed a portion of the purchase with a seller-backed mortgage to avoid any requirement to disclose tax returns in making the purchase, and in furtherance of her scheme to evade taxes. Gregory provided documents to the real estate agent, representing that she had sufficient funds to buy the house. The documents included a business bank account statement representing that the account contained $1,900,003.21. In truth, the bank account contained only $3.21. Gregory and Gore worked together to alter, falsify, forge and fabricate the documents and provide them to the real estate agent. Following the false representations, Gregory closed on the purchase of the house.
The combined total tax loss for the 1998 through 2006, 2008, and 2014 through 2017 income tax years was $3,759,889.11.
“Theresa Gregory earned millions of dollars of income, but she did not file an income tax return for over 20 years,” said Bryant Jackson, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “Gregory and Gore went to great lengths to hide funds from the IRS and evade paying their fair share of taxes.”
David M. DeVillers, United States Attorney for the Southern District of Ohio and Bryant Jackson, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office, announced the sentenced handed down by Chief U.S. District Judge Algenon L. Marbley.
This case is being prosecuted by Assistant United States Attorney Peter K. Glenn-Applegate and was investigated by special agents of IRS-Criminal Investigation.
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Milton Man Sentenced to 84 Months’ Imprisonment for Distributing and Possessing Child PornographyRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Barry Ritter, Jr., age 55, of Milton, Pennsylvania, was sentenced on February 9, 2021, by United States District Court Judge Robert D. Mariani to 84 months of imprisonment and a 10-year term of supervised release, for distributing and possessing child pornography.
According to Acting United States Attorney Bruce D. Brandler, Ritter pled guilty to the receipt and distribution of child pornography between March 2018 to July 2018. Ritter used online forums to obtain and re-distribute child pornography on at least several dozen occasions, and admitted to viewing child pornography for approximately 10 years. A search warrant conducted at his residence yielded electronic devices containing dozens of photographs and videos of child pornography. Ritter also was held accountable for possessing material involving prepubescent minors and the abuse of infants.
Judge Mariani also ordered Ritter to pay $3,000 in restitution to victims of child pornography and $5,100 in assessments. Ritter has remained in custody since his February 5, 2019 arrest.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was investigated by Homeland Security Investigations. Assistant United States Attorney Phillip J. Caraballo prosecuted the case.
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Man Purchased Lamborghini After Receiving $3.9 Million in PPP LoansRead the Press Release
A Florida man pleaded guilty today for fraudulently obtaining approximately $3.9 million in Paycheck Protection Program (PPP) loans and using those funds, in part, to purchase a $318,000 Lamborghini sports car for himself.
Authorities seized the Lamborghini and $3.4 million from the bank accounts of David T. Hines, 29, of Miami, at the time of his arrest. Hines pleaded guilty today to one count of wire fraud and is scheduled to be sentenced on April 14.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Kyle A. Myles of the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG), Office of Investigation’s Atlanta Regional Office, Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service’s Miami Division, Special Agent in Charge Amaleka McCall-Brathwaite of the U.S. Small Business Administration (SBA) OIG, Investigations Division, Eastern Regional Office, Acting Special Agent in Charge Tyler R. Hatcher of the IRS Criminal Investigation (CI) Miami Office, and Acting Special Agent in Charge Stephen Donnelly of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection OIG, Eastern Region, made the announcement.
As part of his guilty plea, Hines admitted that he fraudulently sought millions of dollars in PPP loans through applications to an insured financial institution on behalf of different companies. Hines caused to be submitted fraudulent loan applications that made numerous false and misleading statements about the companies’ respective payroll expenses. The financial institution approved and funded approximately $3.9 million in PPP loans.
Hines further admitted that within days of receiving the PPP funds, he used the funds to purchase a 2020 Lamborghini Huracan sports car for approximately $318,000. Plea documents indicate that in the days and weeks following the disbursement of PPP funds, Hines did not make payroll payments that he claimed on his loan applications. He did, however, use the PPP proceeds for personal expenses.
The Coronavirus Aid, Relief, and Economic Security (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%. Businesses must use PPP loan proceeds 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.
This case was investigated by the FDIC-OIG, U.S. Postal Inspection Service, IRS-CI, the SBA-OIG, and the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection OIG. Trial Attorney Emily Scruggs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Michael Berger of the Southern District of Florida are prosecuting the case.
The Fraud Section leads the Department’s prosecution of fraud schemes that exploit the PPP. In the months since the CARES Act passed, 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.
Maintenance Supervisor at State Facility in the Finger Lakes Pleads Guilty to Violating the Clean Air ActRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that James S. Marshall, 68, of Farmington, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to negligent endangerment under the Clean Air Act. The charge carries a maximum penalty of one year in prison and a $125,000 fine.
“The very essence of the Clean Air Act is to protect people from dangerous, and potentially deadly, hazardous air pollutants,” stated U.S. Attorney Kennedy. “As maintenance supervisor for the property owner where work was being done, the defendant had an obligation to look out for the safety of the hired contractors. Unfortunately, his failure to do what he should have, put their health at risk.”
“Defendant Marshall’s negligence was not without consequence,” said Tyler Amon, Special Agent-in-Charge of the EPA's Criminal Investigation Division in New York. “Following his failure to properly identify regulated asbestos containing material, he continued to place workers at risk of being exposed to asbestos.”
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a Maintenance Supervisor with the Finger Lakes Office for People with Developmental Disabilities (OPWDD), Developmental Disabilities Services Office. As part of his duties, Marshall was involved in the cleanout of the Hillcrest Building, a building owned by OPWDD and located on E. Maple Avenue in Newark, NY. In November 2014, the OPWDD solicited public bids for the cleanout of the Hillcrest building, and in December 2014, a third-party contractor was awarded the contract. The defendant was not involved in the awarding of the bid, nor was Marshall involved with the approval of contract documents.
In April 2015, during the cleanout of the Hillcrest Building, asbestos was released into the ambient air, which negligently placed other individuals in imminent danger of death or serious bodily injury. On April 9, 2015, the defendant responded to the Hillcrest Building and told the workers that a licensed third-party testing company had conducted the sampling at the Hillcrest Building and that such sampling yielded negative results for asbestos. However, based on Marshall’s prior experience with the Hillcrest building, and other buildings on the Newark campus, he should have been aware of the possibility of asbestos-containing material throughout the Hillcrest building. Following the defendant’s conversation with the workers, some of the workers chose to continue to work in the building on April 9 and 10, 2015, and during such work, asbestos was released into the ambient air. Marshall failed to take any further measures to protect the health of the work crew.
The plea is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-in-Charge Tyler Amon. Additional assistance was also provided by the New York State Department of Labor, Asbestos Control Bureau.
Sentencing is scheduled for May 10, 2021, before Judge Siragusa.
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Local man sent to prison for enticing minor via social mediaRead the Press Release
McALLEN, Texas — A 34-year-old Mercedes resident has been ordered to federal prison after admitting he intended to engage in sexual activity with a young female, announced U.S. Attorney Ryan K. Patrick.
Jason Hernandez pleaded guilty Dec. 2, 2020.
Today, U.S. District Judge Micaela Alvarez sentenced him to 140 months in federal prison. In handing down the sentence, the court noted that unlike many other crimes, Hernandez was not motivated by the desire to make money, instead by his own immoral purposes and desires. The court further noted Hernandez clearly intended to engage in sexual activity with a minor as he had arrived at the meeting location with condoms in his possession.
Hernandez was further ordered to serve 10 years on supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children. He will also be ordered to register as a sex offender.
“With ever increasing access to communication platforms, we must continue to stay a step ahead of those who exploit technology to facilitate some of the worst crimes in modern society. The defendant in this case will serve the next several years in prison for his unfathomable acts,” said Acting Special Agent in Charge Craig Larrabee of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “ HSI will continue to dedicate law enforcement resources to identify and bring to justice child predators who traumatize and victimize children.”
Between the months of August and September 2020, Hernandez enticed an individual he believed to be a 13-year-old female on a social media application. In their communications, Hernandez had graphically described sexual acts he desired to perform with the minor and expressed his desire to impregnate her.
Hernandez then requested to meet the alleged minor in person at an agreed upon location at a park in Harlingen, at which time he expected to engage in sexual activity with her. However, law enforcement took him into custody upon his arrival.
HSI’s Rio Grande Valley Child Exploitation Task Force conducted the investigation.
Assistant U.S. Attorney Michael Mitchell prosecuted the case. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lebanon, Pa. Man Indicted for Threatening to Murder Members of the United States SenateRead the Press Release
HARRISBURG, Pa., - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenelm L. Shirk, age 71, of Lebanon, Pennsylvania, was indicted on February 3, 2021, by a federal grand jury for threatening to murder members of the United States Senate.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that Shirk made threats to murder Democratic members of the United States Senate. On January 21, 2021, Shirk was stopped by the Pennsylvania State Police in his vehicle en route to Washington D.C. A search of Shirk’s vehicle recovered several firearms and large amount of ammunition. Shirk was then taken into custody by the Pennsylvania State Police and charged with making terroristic threats.
Shirk made his initial appearance before Magistrate Judge Susan E. Schwab on February 9, 2021, and pled not guilty to the federal charges. He was detained pending a trial that was scheduled for April 5, 2021.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, the Franklin County District Attorney’s Office, the Cornwall Police Department, and the Washington D.C. Capitol Police. Assistant U.S. Attorney Jaime M. Keating is prosecuting the case.
Indictments, Criminal Informations and Criminal Complaints are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 10 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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KC Man Pleads Guilty to Illegal Firearm Following Police ChaseRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man pleaded guilty in federal court today to illegally possessing a firearm after leading police officers on a high-speed chase.
Raymond L. Pierce, 22, pleaded guilty before U.S. District Judge Roseann Ketchmark to one count of being a felon in possession of a firearm.
By pleading guilty today, Pierce admitted that he illegally possessed a loaded Glock 9mm handgun on Dec. 28, 2019. Pierce also admitted that he was in possession of a Smith and Wesson .40-caliber semi-automatic handgun and a Glock 9mm extended magazine on July 9, 2020.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Pierce has a prior felony conviction for possession of a controlled substance.
On Dec. 28, 2019, a Jackson County Sheriff’s Deputy was working uniformed, but off-duty, patrolling the area around nightclubs that were letting out on Southwest Boulevard in Kansas City, Mo., at 2:36 a.m. As he was trying to move people out of the street, the deputy saw in his rear-view mirror a green Ford Mustang approaching him without its headlights on at a high rate of speed. The Mustang quickly changed lanes to avoid the deputy’s car and individuals in the street moved back to ensure not being hit. The deputy attempted to pull the Mustang over, but the Mustang fled and the deputy discontinued the chase.
At 3:05 a.m., a different Jackson County sheriff’s deputy was traveling eastbound on 1-670 just east of the Broadway overpass in Kansas City, Mo., and saw a green Ford Mustang crash into the center mediate concrete barrier and guard rail. The deputy stopped to render aid. As he approached the green Mustang, he saw Pierce, who was on probation, standing outside the driver’s door. As the deputy approached him, Pierce climbed back inside the vehicle, reached across the center console, and placed his hand down near the passenger side floorboard. The deputy directed Pierce to exit the vehicle and show his hands, and Pierce refused. Once back-up arrived, officers were able to get Pierce out of the vehicle. Pierce said his leg and mouth hurt, and officers ordered EMS. The car was inventoried prior to being towed and officers found the loaded Glock 9mm handgun under the front passenger seat. The serial number on the barrel of the Glock was filed off and the serial number plate had been removed.
On July 9, 2020, law enforcement officers were conducting surveillance on Pierce, who had felony arrest warrants. They saw Pierce driving a silver Dodge Avenger with two passengers. Pierce drove to a house in Raytown, Mo., where all three went into the house. When they returned to the car, they placed a backpack in the back seat. Investigators attempted to pull Pierce over, but Pierce fled, disregarding stop signs and light signals. Investigators used aerial surveillance to track Pierce to a gas station in Kansas City, Kansas, where they again attempted to take him into custody. Pierce refused to comply again and fled, striking a law enforcement vehicle in his escape.
Aerial surveillance continued to track Pierce. At one point in his flight, Pierce drove through the area of 40th Street and Genesee Street in Kansas City, Mo. Officers received a call from that area about a car traveling at a high rate of speed the wrong way, which threw out a firearm and a Louis Vuitton backpack. Officers responded to the location and found a Smith and Wesson .40-caliber semi-automatic handgun. Inside the Louis Vuitton backpack, officers found the Glock 9mm handgun, the Glock 9mm extended magazine, and 115 grams of marijuana. Investigators later identified Pierce’s Facebook account. Posted to that account was a photograph of Pierce with the Louis Vuitton backpack.
Arial surveillance tracked Pierce to a Grandview residence, where he and the two passengers left the car and went into the house. Officers found Pierce hiding in the basement.
Under federal statutes, Pierce is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Sean T. Foley. It was investigated by the FBI, the Jackson County, Mo., Sheriff’s Department, and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Judge sentences St. Louis County man for his role in drug trafficking organizationRead the Press Release
ST. LOUIS – United States District Judge John A. Ross sentenced Amos Vonzell Blanchard, Jr. to 54 months in prison today. The 45-year-old Florissant, Missouri resident previously pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute cocaine and cocaine base and one count of possession with the intent to distribute cocaine base.
Beginning in 2018, investigators with the Federal Bureau of Investigation and the St. Louis County Police Department began an investigation into a group of cocaine and cocaine base distributors operating in and around St. Louis County. Blanchard, Jr., along with others, was obtaining cocaine and cocaine base for redistribution.
On January 15, 2019, investigators executed a search warrant at Blanchard, Jr.’s stash house in the 6400 block of Ridge Avenue. Detectives observed Blanchard, Jr. holding a black latex glove while trying to open a bedroom window from inside the residence. The glove was found to contain more than 66 individual clear plastic baggies of cocaine base, commonly known as “crack” cocaine, 52 tablets of methamphetamine and a small amount of powder cocaine.
This case was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation and the St. Louis County Police Department. Assistant United States Attorney Lisa Yemm is handling the case.
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Judge sentences St. Louis County man for his role in drug trafficking organizationRead the Press Release
ST. LOUIS – United States District Judge John A. Ross sentenced Amos Vonzell Blanchard, Jr. to 54 months in prison today. The 45-year-old Florissant, Missouri resident previously pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute cocaine and cocaine base and one count of possession with the intent to distribute cocaine base.
Beginning in 2018, investigators with the Federal Bureau of Investigation and the St. Louis County Police Department began an investigation into a group of cocaine and cocaine base distributors operating in and around St. Louis County. Blanchard, Jr., along with others, was obtaining cocaine and cocaine base for redistribution.
On January 15, 2019, investigators executed a search warrant at Blanchard, Jr.’s stash house in the 6400 block of Ridge Avenue. Detectives observed Blanchard, Jr. holding a black latex glove while trying to open a bedroom window from inside the residence. The glove was found to contain more than 66 individual clear plastic baggies of cocaine base, commonly known as “crack” cocaine, 52 tablets of methamphetamine and a small amount of powder cocaine.
This case was an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation and the St. Louis County Police Department. Assistant United States Attorney Lisa Yemm is handling the case.
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Jefferson County Engineer Guilty of more than $10 Million Covid Relief FraudRead the Press Release
BEAUMONT, Texas – A 30-year-old Beaumont, Texas engineer pleaded guilty today for filing fraudulent bank loan applications seeking more than $10 million dollars in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Acting U.S. Attorney Nicholas J. Ganjei for the Eastern District of Texas, Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Senior Executive Michael J. Mullaney for Law Enforcement Operations, Federal Housing Finance Agency – Office of Inspector General (FHFA-OIG), Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation – OIG (FDIC-OIG), Inspector General Hannibal “Mike” Ware of the SBA-OIG, and Inspector in Charge Delany De Leon-Colón of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group made the announcement.
Shashank Rai pleaded guilty to one count of making false statements to a bank. He was charged on May 13, 2020, with violations of wire fraud, bank fraud, false statements to a financial institution, and false statements to the SBA.
“The Payroll Protection Program was designed to help struggling businesses and hardworking Americans, not individuals who concoct imaginary businesses and employees,” said Acting U.S. Attorney Nicholas J. Ganjei. “We will continue to work diligently with our law enforcement partners to investigate and prosecute those who exploit this critical, taxpayer-funded program.”
As part of his guilty plea, Rai admitted that he sought millions of dollars in forgivable loans guaranteed by the SBA from two different banks by claiming to have 250 employees earning wages when, in fact, no employees worked for his purported business. Rai made two fraudulent claims to two different lenders for seek loans guaranteed by the SBA for COVID-19 relief through the Paycheck Protection Program (PPP). In the application submitted to the first lender, Rai sought $10 million in PPP loan proceeds by fraudulently claiming to have 250 employees with an average monthly payroll of $4 million. In the second application, Rai sought approximately $3 million in PPP loan proceeds by fraudulently claiming to have 250 employees with an average monthly payroll of approximately $1.2 million.
According to court documents, the Texas Workforce Commission provided information to investigators of having no records of employee wages having been paid in 2020 by Rai or his purported business, Rai Family LLC. In addition, the Texas Comptroller’s Office of Public Accounts reported to investigators that Rai Family LLC reported no revenues for the fourth quarter of 2019 or the first quarter of 2020.
According to court documents, materials recovered from the trash outside of Rai’s residence included handwritten notes that appear to reflect an investment strategy for the $3 million, which is the amount of money that Rai allegedly sought from the second lender.
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 percent. 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.
This case was investigated by the FHFA-OIG, FDIC-OIG, SBA-OIG, and USPIS. Assistant Chief L. Rush Atkinson and Trial Attorney Lou Manzo of the Criminal Division’s Fraud Section, and Assistant U.S. Attorneys Nathaniel Kummerfeld and Frank Coan for the Eastern District of Texas are prosecuting the case.
The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. In the 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.
Jackson Man Sentenced to Nearly 4 Years in Federal Prison under Project EJECT for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss – Eddie Terrell Adams, 39, of Jackson, was sentenced today by U.S. District Judge Kristi H. Johnson to 46 months in federal prison, followed by 3 years of supervised release, for possessing a firearm as a convicted felon, announced Acting U.S. Attorney Darren LaMarca and Michelle A. Sutphin, Special Agent in Charge of the Jackson Federal Bureau of Investigation in Mississippi.
On March 10, 2018, officers with the Jackson Police Department stopped a car with an expired license plate. During the traffic stop, Adams became agitated and told officers they would have to catch him. Adams then fled from the traffic stop. After a brief car pursuit, Adams attempted to run inside of an apartment but was stopped and apprehended by police at the front door. Just before he was apprehended, Adams opened the apartment door and tossed a handgun behind the door. Officers soon determined that Adams was previously convicted of aggravated assault and therefore prohibited from possessing a firearm.
On January 25, 2019, Adams was charged in a federal criminal indictment with possessing a firearm after having been previously convicted of a felony crime. Adams pled guilty on October10, 2019.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Bert Carraway.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
Houston scientist settles grant fraud allegationsRead the Press Release
HOUSTON – A local scientist and his southwest Houston invention and technology company have agreed to pay nearly $150,000 to resolve allegations they defrauded the National Science Foundation (NSF) and the Navy, announced U.S. Attorney Ryan K. Patrick.
Dr. Rouzbeh Shahsavari, 40, is the owner and chief scientist at C-Crete Technologies Ltd. in Stafford. Today, he has paid $147,589 to settle allegations they violated the False Claims Act.
“Fraud targeting grants and loans for small business development has an outsized impact on recipients and those left out,” said Patrick. “Some deserving and legitimate small business missed out because this man lied. The taxpayer is now being made right.”
Shahsavari and C-Crete allegedly made material misrepresentations to NSF and the Navy in applications for Small Business Technology Transfer (STTR) and Small Business Innovation Research (SBIR) awards in 2015 and 2016. STTR and SBIR programs are highly competitive federal programs. They are designed to encourage small, independent and domestically owned businesses through the investment of federal funds to conduct research and development in areas that further United States interests, including those concerning national health, welfare and defense. Only qualified small businesses that meet strict program requirements are eligible for awards.
STTR and SBIR award applicants are required to designate an employee as the principal investigator for the proposed research. His/her qualifications and credentials are a key component of award decisions. STTR award applicants must also have a subaward agreement with a collaborating research partner.
C-Crete and Shahsavari represented they had the mandatory agreement with Rice University. However, the investigation revealed they did not. They also failed to notify Navy personnel that their designated principal investigator had stopped working for C-Crete almost three months before the award was granted.
In both circumstances C-Crete was ineligible, but still accepted grant funds.
“It is imperative that federal award recipients provide true and accurate representations and certifications during all phases of the grant process,” said NSF Inspector General Allison Lerner. “The SBIR/STTR program is a valuable tool in advancing NSF’s mission to promote the progress of science by increasing opportunities for innovative research by small businesses. It is essential to protect the integrity of this program.”
NSF-Office of Inspector General and Naval Criminal Investigative Service conducted the coordinated investigation with the assistance of the U.S. Attorney’s Office. Assistant U.S. Attorney Julie Redlinger handled the matter.
The claims resolved by this settlement are allegations only. There has been no determination of liability.
Henderson Man Gets More Than 12 Years in Federal Prison for Dealing HeroinRead the Press Release
RALEIGH, N.C. – A Henderson man was sentenced last week to 144 months in prison for conspiracy to distribute and possess with intent to distribute heroin.
According to court documents, law enforcement in Vance County received information that Theodus Lewis Williams, 50, was distributing heroin from his residence, including from a tent in his front yard, and from his neighbor’s residence. Law enforcement utilized confidential informants to conduct controlled purchases of heroin from Williams and his co-conspirators on several occasions. As a result, on August 1, 2019, officers executed a search warrant on both residences and the tent, and found quantities of heroin laced with fentanyl, suboxone, more than $3,500 in U.S. currency, and firearms. Williams pled guilty on August 20, 2020. He is a convicted felon, having prior drug, gun, and assault convictions, including a 1996 conviction in federal court for possession of a firearm by a felon for which he received a 10-year prison sentence.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III on February 4, 2021. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Henderson Police Department, and the Vance County Sheriff’s Office investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:19-CR-494-D.
Hartford Man Involved in Cocaine Trafficking Ring Sentenced to 27 Months in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALEX NEGRON, 37, of Hartford, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 27 months of imprisonment, followed by three years of supervised release, for his role in a cocaine trafficking ring.
According to court documents and statements made in court, this matter stems from an investigation conducted by the Drug Enforcement Administration’s Hartford Task Force and the U.S. Postal Inspection Service into a drug trafficking organization that was receiving shipments of cocaine from Puerto Rico and California, and distributing the drug in and around Hartford. The investigation revealed that a U.S. Postal Service letter carrier was facilitating the shipment of parcels containing kilograms of cocaine through the USPS to addresses that were on his delivery route in Hartford. The letter carrier distributed cocaine to his own drug customers, and also delivered parcels to other large-scale cocaine traffickers in the Hartford area.
On March 17, 2019, Negron received a parcel containing approximately 500 grams of cocaine. The cocaine was delivered to his co-conspirators.
On June 4, 2019, a grand jury in Hartford returned an indictment charging Negron and 18 co-defendants with conspiracy to distribute cocaine and related offenses. Negron was arrested on May 6, 2020. On October 28, 2020, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine.
Negron, who is released on a $175,000 bond, is required to report to prison on April 5, 2021.
The Drug Enforcement Administration’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.