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Thursday 25 June 2020
Former Union General Hospital CEO and two Blairsville doctors sentenced to federal prison for illegally prescribing and obtaining pain pillsRead the Press Release
GAINESVILLE, Ga. - John Michael “Mike” Gowder, James Heaton, and George David Gowder have been sentenced to federal prison. Both Mike Gowder and Heaton were convicted on October 24, 2019, after a two-week jury trial on 102 counts related to illegally prescribing and obtaining more than 15,000 doses of prescription pain medications outside the usual course of professional practice and for no legitimate medical purpose. In addition, Heaton was convicted of 27 counts of issuing illegitimate prescriptions to two female patients. David Gowder pleaded guilty on March 15, 2019, to illegally dispensing opiates outside the scope of professional practice and without a legitimate medical purpose.
“The abuse of prescription drugs and its related criminal activity is a danger in many of our communities - one we have made a central focus of our office,” said U.S. Attorney Byung J. “BJay” Pak. “Jurors in this case sent a clear message that the illicit prescribing and obtaining of controlled substances will not be tolerated.”
Robert J. Murphy, the Special Agent in Charge of the DEA’s Atlanta Field Division stated, “In this case, the dispensing of addictive prescription pain medication under the guise of a licensed medical professional’s care is not about the good of the community or an individual’s specific health needs; it is about the greed of those involved in illegal prescribing practices.” DEA and its law enforcement partners will continue to expend its time, energy and resources in an effort to stem the tide against the growing opioid epidemic. The spirited level of law enforcement cooperation and the prosecution by the U.S. Attorney’s Office made this investigation a success.”
“I simply want to personally thank our federal partners, the DEA and their outstanding agent. Also, Assistant U.S. Attorneys William McKinnon and Laurel Boatright, and especially U.S. Attorney for the Northern District of Georgia BJay Pak, who without his diligent interest in these cases prosecution and conviction would not have been possible. During my 37 years in law enforcement at the state and local level as Sheriff I have never seen or even heard of a federal prosecutor that was so intent on aiding local law enforcement as U.S. Attorney Pak. He helps make the system work as it should with cooperation, assistance, and a pro-found interest in our needs,” said Mack Mason, Sheriff, Union County.
“The Cherokee County Sheriff’s Office (NC) would like to thank all the partners involved with the investigation and prosecution of this case. It is great to know that a good working relationship among law enforcement agencies keeps drug users and dealers from hiding across state lines to conduct their illegal activities,” said Derrick Palmer, Sheriff, Cherokee County, North Carolina.
“An excellent job was done by all, from the local level, to the state level and at the federal level. The public places a great deal of trust in medical professionals and in order to combat the opioid crisis drug dealers in white coats must be weeded out as well,” said Dennis M. Troughton Sr., Director, Georgia Drugs and Narcotics Agency.
According to U.S. Attorney Pak, the charges and other information presented in court: From 2011 to 2015, Mike Gowder served as the Chief Operating Officer and later Chief Executive Officer of Union General Hospital (“the Hospital”) in Blairsville, Georgia. Dr. James Heaton operated a family practice clinic in Blairsville and worked as the Medical Director of the Nursing Home of the Hospital. Dr. David Gowder was the Emergency Room Director of the hospital and a member of the Hospital’s Board of Directors (until April 2015).
On April 11, 2015, Dr. David Gowder was arrested by the Union County Sheriff’s Office after presenting to two local pharmacies three forged oxycodone prescriptions purportedly issued by a hospital colleague. He admitted that he had become addicted to oxycodone. Investigators later learned that, since mid-2011, David Gowder had been routinely writing or “calling in” to local pharmacies high quantity, high-dose opiate prescriptions in the names of family members and fictitious patients (including alleged missionaries). Investigators also learned that many of the prescriptions were filled by hospital employees at the instruction of David Gowder. He also stole pills from some of his patients at the hospital and elsewhere.
During this same time, investigators also learned that Dr. James Heaton had illegally prescribed increasing quantities of hydrocodone and oxycodone to Mike Gowder between 2012 and 2015, knowing that those prescriptions were issued outside the usual course of professional practice and that the pills obtained with the prescriptions had no legitimate medical purpose. Heaton violated numerous standards of medical practice by prescribing the pills to Mike Gowder, without adequately documenting the medical need for the prescriptions in his patient file and without monitoring patient abuse of the pills he obtained. During the three-and-half years in which Heaton prescribed more than 15,000 hydrocodone and oxycodone pills to Mike Gowder, Heaton recorded only six of the prescriptions in his patient file for Mike Gowder.
Starting in 2012, Mike Gowder obtained oxycodone by fraud, subterfuge, and deception by filling the illegal prescriptions from Heaton at different pharmacies in an effort to conceal the large numbers of pills that Heaton was prescribing to him. In addition to filling the prescriptions at pharmacies in Georgia, Mike Gowder often travelled to North Carolina and Tennessee to fill multiple prescriptions a month at pharmacies in those states. On numerous occasions, Heaton wrote two prescriptions for oxycodone for Mike Gowder on the same day. On other occasions, Mike Gowder traveled to North Carolina to fill one prescription, and then traveled to Tennessee to fill a second prescription, to hide the fact that Heaton had written multiple prescriptions to him on the same day. During this time, Mike Gowder recommended that the hospital purchase Heaton’s sleep study, increase Heaton’s compensation for various roles at the hospital, and that Heaton serve as a member of the Hospital Board of Directors.
Investigators also learned that Heaton issued prescriptions for hydrocodone, oxycodone, and methadone to two female patients outside the usual course of professional practice and without a legitimate medical purpose, including by ignoring obvious signs that the two women were abusing the medications and/or had become addicted. Oxycodone, hydrocodone, and methadone are powerful pain medications that are listed as controlled substances under federal law because each has a high potential for psychological and physical abuse and dependence. Oxycodone, which may be combined with acetaminophen, is sold generically under brand names including Percocet, Endocet, Oxycontin, and Roxicodone. Hydrocodone is sold generically or under brand names including Lortab, Vicodin, and Norco. Methadone is an opioid pain medication that is also used in opioid dependence therapy
The defendants in this case have been sentenced as follows:
- John Michael “Mike” Gowder, 62, of Nashville, Tennessee, has been sentenced to one year and one day in prison.
- Dr. James Heaton, 63, of Blairsville, Georgia, has been sentenced to six years in prison.
- Dr. David Gowder, 63, of Blairsville, Georgia, was sentenced to one year, six months in prison on June 10, 2020, after pleading guilty to illegally dispensing opiates outside the scope of professional practice and without a legitimate medical purpose.
The Drug Enforcement Administration, the Union County (Georgia) Sheriff's Office, Cherokee County (North Carolina) Sheriff’s Office, Georgia Drugs and Narcotics Agency, and Zell Miller Mountain Parkway Drug Task Force are investigating this case.
Assistant U.S. Attorney Laurel R. Boatright, Deputy Chief of the Narcotics and Dangerous Drugs Section (PSN), and former Assistant U.S. Attorney William McKinnon prosecuted the case.
This case was brought as part of Operation SCOPE, Strategically Combatting Opioids through Prosecution and Enforcement. SCOPE is our initiative combining our efforts (criminal, civil, and educational) with those of our law enforcement partners to create one unified front in the battle against the opioid/heroin epidemic. One important aspect of Operation SCOPE is to prosecute those who are illegally prescribing, or distributing, painkillers.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Postal Employee Re-Sentenced for Sexually Exploiting a ChildRead the Press Release
BOSTON – A former U.S. Postal Service (USPS) employee was re-sentenced yesterday in federal court in Worcester for sexually exploiting a child, using USPS computers to access child pornography and possessing child pornography.
Stephen Mantha, 66, of Spencer, was re-sentenced by U.S. District Court Judge Timothy S. Hillman to 16 years and four months in prison and five years of supervised release. In February 2018, Mantha pleaded guilty to one count of producing child pornography, one count of accessing child pornography and one count of possession of child pornography. An identical sentence was imposed in August 2018, but the sentence was vacated on appeal due to an error in calculating the federal sentencing guidelines.
In the summer of 2015, federal investigators were alerted to suspicious internet searches being conducted on a computer at a Shrewsbury postal facility where Mantha worked as an electronic technician. In the course of the investigation, agents installed a computer activity recorder, which tracked all computer usage on that computer, and, a video camera, which recorded the identity of the person using the computer. Agents were then able to observe and record as Mantha searched for, and viewed, child pornography on USPS computers.
On Sept. 21, 2016, a search warrant was executed at Mantha’s residence where numerous thumb drives containing child pornography were recovered. During the review of the materials seized from Mantha’s home, a video was discovered, which had been recorded in approximately 2000 or 2001, depicting Mantha sexually abusing an approximately seven-year-old boy. That same month, agents were able to locate and interview the boy (now an adult), who confirmed the sexual abuse.
In 2000 and 2001, at the date of the offense, the charge of sexual exploitation of a child provided for a mandatory minimum of 10 years and up to 20 years in prison, three years of supervised release and a fine of $250,000. Although existing penalties for producing child pornography are substantially higher, the Constitution prohibits the government from subjecting individuals to more stringent penalties adopted after their crimes had been committed. The charges of accessing child pornography and possession of child pornography provide for a sentence of up to 20 years in prison, five years and up to life of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service, Office of the Inspector General, Northeast Area Office; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Spencer Police Chief David Darrin; and Shrewsbury Police Chief James Hester Jr. made the announcement today. Assistant U.S. Attorney Mark Grady of Lelling’s Worcester Branch Office prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former D.C. Tax Official Pleads Guilty to Accepting Bribes to Erase Millions in Tax LiabilityRead the Press Release
WASHINGTON—A former official of the D.C. Office of Tax and Revenue (OTR) pled guilty today for participating in corruption schemes in which he accepted at least $75,000 in exchange for fraudulently erasing tax liability, inflicting more than $3 million in losses upon the District of Columbia.
The announcement was made by Acting U.S. Attorney Michael R. Sherwin, Special Agent in Charge James A. Dawson of FBI’s Washington Field Office, District of Columbia Inspector General Daniel W. Lucas, and District of Columbia Chief Financial Officer Jeffrey S. DeWitt.
Vincent Slater, 42, of Temple Hills, MD, pled guilty before the Honorable Reggie B. Walton in the District Court for the District of Columbia. The charge of bribery carries a statutory maximum of 15 years in prison and potential financial penalties. Under federal sentencing guidelines, Slater faces a possible range of 87 to 108 months’ imprisonment. A sentencing date has not yet been set.
The investigation into Slater’s schemes—which, to date, has resulted in the guilty pleas of two taxpayers and the indictment of two taxpayers and another former District of Columbia government employee—began in 2017 when internal auditors from the Office of the Chief Financial Officer noticed suspicious adjustments to certain taxpayers’ accounts.
In announcing Slater’s guilty plea, Acting U.S. Attorney Sherwin stated, “Corruption at any level of government should not be tolerated. Our Office is committed to holding accountable officials who abuse the public trust to line their pockets with taxpayer dollars. We will vigorously pursue corruption at all levels of government, and especially corruption targeted at the citizens of the District of Columbia.”
According to the statement of offense, between 2012 and 2017, Slater brokered bribery agreements with various bar and nightclub owners—including Davoud Jafari, 69, of Washington, D.C., and Andre De Moya, 47, Arman Amirshahi, 49, and Charles Zhou, 47, of Maryland—through a former employee of the D.C. Department of Consumer and Regulatory Affairs, Anthony Merritt, 45, of Washington, D.C. Slater then used his position as a manager in OTR’s Adjustment Unit to fraudulently eliminate or reduce the tax liabilities of their businesses, or otherwise act to fraudulently benefit bribe-paying taxpayers.
As part of his guilty plea, Slater admitted to causing a total loss of more than $3 million to the District. Slater explained that typically, he and Merritt agreed to solicit bribe payments equaling approximately half of the amount the taxpayer sought to evade paying, and then to split the bribe proceeds amongst themselves. Slater further admitted that $75,000 in cash deposits he made into his bank accounts during the scheme were bribe proceeds.
Taxpayers Amirshahi and Zhou previously pled guilty for their roles in the bribery schemes and are awaiting sentencing. De Moya, Jafari, and Merritt were indicted by a grand jury in the District of Columbia in 2019 and their cases have not yet been set for trial.
Slater’s plea marked the second time in two weeks that former D.C. tax officials have pled guilty to bribery. On June 12, 2020, Bobby Tucker, 64, of Virginia, former Chief of Collections at OTR, pled guilty to a federal bribery charge stemming from a scheme in which, after departing his OTR position to pursue private business opportunities, he paid bribes to an OTR official in order to reduce the tax liabilities of a business he consulted and to take other actions to benefit Tucker’s business interests. Tucker admitted that he agreed to pay an OTR official, who was working as a confidential source, to obtain referrals of city taxpayers with outstanding tax liabilities. Tucker would then attempt to broker a bribery agreement whereby he would be paid by a business owner to facilitate a bribe to the OTR official to fraudulently reduce or eliminate tax liabilities. The Honorable Beryl A. Howell scheduled Tucker’s sentencing for September 11, 2020.
These cases are being investigated by the FBI’s Washington Field Office and the District of Columbia Officer of the Inspector General, with substantial assistance by the District of Columbia Office of the Chief Financial Officer, Office of Integrity and Oversight. Assistant United States Attorneys Emily Miller and Molly Gaston of the Fraud and Public Corruption Section are prosecuting the Slater case on other individuals involved in his corruption scheme, and Assistant United States Attorney Peter Lallas, also of the Fraud and Public Corruption Section, is prosecuting the Tucker case.
Former Air Force Staff Sergeant Sentenced for Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Willis T. Brown, 31, formerly a Staff Sergeant for the United States Air Force, was sentenced today in federal court for possessing child pornography. United States District Judge Robert F. Rossiter, Jr. sentenced Brown to 54 months’ imprisonment. There is no parole in the federal system. After his release from prison, Brown will begin a 7-year term of supervised release and will be required to register as a sex offender.
The Nebraska State Patrol was conducting an undercover investigation into individuals receiving child pornography through the internet. A computer at Brown’s residence was identified as sharing images of child pornography. Two of the files involved seven- to nine-year-old girls engaging in sexually explicit conduct. A search warrant was executed in October 2018. Forensic examination of Brown’s devices revealed five images of child pornography in unallocated space. Search terms indicating earlier searches of child pornography were also found.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Five Defendants Sentenced for Marriage/Immigration SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that five defendants have been sentenced this week for conspiracy to commit marriage fraud and making false statements regarding that fraud to the government. Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (Army CID), joined in the announcement.
Those sentenced this week were:
- Sergeant Galima Murry, age 29, was sentenced to serve 8 months in federal prison, followed by 2 years on supervised release.
- Diann Ramcharan, age 37, was sentenced to serve 4 months in federal prison, followed by 2 years on supervised release.
- Rajesh Ramcharan, age 45, was sentenced to serve 3 months in federal prison, followed by 2 years on supervised release.
- Pastor Ken Harvell, age 60, was sentenced to serve 3 years of probation with the first 4 months in home confinement.
- Angelica Guevara, age 31, was sentenced to serve 1 year of probation.
According to facts established at trial, the purpose of the conspiracy was to obtain immigration benefits for Rajesh Ramcharan, Diann Ramcharan, and one of their minor children. The Ramcharans, a married couple, came to the United States from Trinidad & Tobago on visitor visas in 2007. They overstayed their visitor visas and settled in Colorado. They then devised a scheme to defeat United States immigration laws and stay in the country illegally.
The scheme had several steps. First, in 2010, the couple was married by Pastor Ken Harvell, who signed a marriage certificate for the Ramcharans. The couple then filed for a divorce. Five days after that divorce was finalized, Pastor Harvell signed a new marriage certificate for Diann Ramcharan and Sergeant Galima Murry. Sergeant Murry is a citizen of the United States and at the time was a soldier at Fort Carson. Diann Ramcharan and Sergeant Murry entered into this marriage for the purpose of evading immigration laws and enabling Diann Ramcharan to stay in the United States. In addition, Sergeant Murry separately obtained military benefits by claiming to be married to Diann Ramcharan. Several years later, in 2015, Rajesh Ramcharan entered into a marriage with Angelica Guevara, who also is a citizen of the United States. Pastor Harvell, whom the jury found knowingly and voluntarily participated in the conspiracy, also signed the marriage certificate between Guevara and Rajesh Ramcharan. During the time of both the Ramcharans’ fraudulent marriages to Murry and Guevara, the Ramcharans lived with each other and otherwise presented themselves to the world as a married couple.
“We have legitimate and legal processes for becoming a citizen of this country that we expect everyone to follow,” said U.S. Attorney Jason Dunn. “Thousands upon thousands of people do so every year, but these individuals tried to illegally shortcut that process for their own benefit and greed, and as a result will now pay a steep price.”
Each defendant was also convicted for their involvement in the submission of at least one false statement to U.S. immigration authorities as part of the Ramcharans’ attempts to gain lawful immigration status in the United States. Guevara pleaded guilty to the conspiracy and testified at trial about the marriage fraud scheme.
Four of the five defendants were earlier found guilty following a nine-day jury trial, with the guilty verdicts announced on January 16, 2020. The fifth defendant pleaded guilty. The trial and sentencings hearings were conducted by U.S. District Court Judge David M. Ebel.
The defendants were prosecuted by Assistant U.S. Attorneys Daniel McIntyre and Assistant U.S. Attorney Emily Treaster. This case was investigated by Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (CID), with assistance from the El Paso County Sheriff’s Office.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-154.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Final Two Defendants Sentenced in Methamphetamine Trafficking ConspiracyRead the Press Release
PIKEVILLE, KY- Amy Jo King, 40, of Bybro, Ky., and Christopher A. Moore, 41, of Kite, Ky., were sentenced in court on Thursday to 262 months and 108 months, respectively, in federal prison, by U.S. District Judge Karen Caldwell, for conspiracy and possession with intention to distribute methamphetamine.
King admitted that from August 2018 to November 2018, she conspired with Moore and Gregory Phillip Chaffins to distribute 500 grams or more of methamphetamine. According to their plea agreements, King made an arrangement with a methamphetamine dealer in Atlanta, Georgia, where she obtained more 500 grams of methamphetamine and distributed it to other dealers and users, including Moore and Chaffins, who sold it in Floyd, Knott, and Letcher Counties.
Chaffins was sentenced to 200 months in federal prison on Tuesday.
Under federal law, King, Moore, and Chaffins name must serve 85 percent of their prison sentence. Upon release, King will be under the supervision of the U.S. Probation Office for five years, and Moore will be under the supervision of the U.S. Probation Office for four years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Special Agent in Charge, FBI, Louisville Field Division; and Commissioner Rodney Brewer, Kentucky State Police; jointly made the announcement.
The investigation was directed by the FBI and KSP. The United States was represented by Assistant U.S. Attorney Jason Parman.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Fentanyl Dealer Facing up to Eighty Years in PrisonRead the Press Release
PROVIDENCE – A Pawtucket man who admitted to selling significant quantities of fentanyl on the streets of Pawtucket is facing between five and eighty years in federal prison after pleading guilty in U.S. District Court to drug trafficking charges.
Jessie Yanez, 34, was arrested by members of the Cranston Police Department on November 16, 2019, following an investigation by members of the Pawtucket Police Department and the FBI Safe Streets Task Force. The investigation included four controlled purchases of varying amounts of fentanyl and cocaine from Yanez.
According to information presented to the court, Yanez sold an individual 3.5 grams of fentanyl for $240 on October 28, 2019, 20 grams of fentanyl for $1,800 on November 1, 2019, 50 grams of fentanyl for $2,750 on November 6, 2019, and 50 grams of cocaine for $1,900 on November 14, 2019.
Yanez, who has been detained since his arrest, appeared today before U.S. District Court Chief Judge John J. McConnell, Jr. and pleaded guilty to two counts of distribution of less than 40 grams of fentanyl, one count of distribution of more than 40 grams of fentanyl, and one count of distribution of less than 500 grams of cocaine, announced United States Attorney Aaron L. Weisman, Cranston Police Chief Colonel Michael J. Winquist, Pawtucket Police Chief Tina Goncalves, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta.
Yanez is scheduled to be sentenced on August 25, 2020.
Distribution of less than 40 grams of fentanyl is punishable by up to 20 years in federal prison followed by 3 years of supervised release. Distribution of more than 40 grams of fentanyl is punishable by a minimum of 5 years and up to 40 years imprisonment followed by 4 years of supervised release. Distribution of less than 500 grams of cocaine is punishable by up to 20 years in federal prison and 3 years of supervised release.
The case is being prosecuted by Assistant U.S. Attorney’s Stacey P. Veroni and Gerard B. Sullivan.
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Felon Indicted for Gun and Pawn Shop BurglaryRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury last week indicted a felon in connection to a burglary of a gun and pawn shop in Jasper, announced U.S. Attorney Jay E. Town and Bureau of Alcohol, Tobacco, Explosives and Firearms Acting Special Agent in Frank Haera.
A four-count indictment filed in U.S. District Court charges Donald Keith Southall, 55, Quinton, Ala., with one-count of theft of a firearm from a Federal Firearms Licensed business, Outlaw Gun and Pawn in Jasper, on July 1, 2019. The indictment also charges Southall with one-count of possession of a stolen firearm and two-counts of being a felon in possession of a firearm.
“We have zero-tolerance for violent crime in the Northern District of Alabama,” Town said. “Felons with firearms violate our federal laws and present a danger to all of us. Together with our federal, state, and local law enforcement partners we will continue to aggressively prosecute those individuals who threaten the safety of our communities.”
ATF Acting Special Agent in Charge Frank Haera stated, “Stolen firearms from Federal Firearms Licensees cause a serious issue for the safety of the public. This indictment illustrates ATF’s partnerships with the community and law enforcement to provide a safe environment for our communities.”
The maximum penalty for stealing a firearm from a licensed gun dealer, for possession of a stolen firearm, and being a felon in possession of a firearm is 10 years in prison and a $250,000 fine.
ATF investigated the case, along with the Walker County Sheriff’s Office. Assistant U.S. Attorney Britteny Bucak is prosecuting.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Feds Charge Additional Defendant for Looting Neighborhood Pharmacy During Civil UnrestRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell Coleman today announced that a federal grand jury has indicted a man for attempting to rob a pharmacy during civil unrest in Louisville. This indictment is additive to multiple charges recently announced by the United States Attorney’s Office for the looting of neighborhood pharmacies for controlled substances, carjacking, and illegal possession of firearms by convicted felons.
“What does looting a relied-upon neighborhood pharmacy for drugs have to do with constitutionally-protected speech seeking change in policing; nothing,” said U.S. Attorney Russell Coleman. “Federal law enforcement will stand as one to protect our neighbors in all neighborhoods of Louisville.”
Christopher Tinsley, 27, of Louisville, has been charged with conspiracy to commit burglary involving controlled substances by a Federal Grand Jury sitting in Louisville. According to a criminal complaint, on June 2, 2020, LMPD responded to a burglary in progress at Walgreens on 5201 S. 3rd St. Louisville, Kentucky. Police observed multiple people fleeing the business when they arrived. Tinsley was detained at that time along with Vontreil Bailey, 30, of Louisville, who the U.S. Attorney’s Office previously announced was charged with conspiracy to commit burglary involving controlled substances.
During a law enforcement interview on June 6, 2020, an employee of the business advised that the burglary had severely affected Walgreens’ ability to conduct business as patients prescriptions had been stolen, and the pharmacy was left in disarray.
The charges carry a penalty of no more than 10 years, a maximum fine of $250,000 and no more than three years of supervised release
The Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and the Louisville Metro Police Department are investigating the case.
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Fayetteville Man Pleads Guilty to Stealing Postage from Law Firm to File Fraudulent ClaimsRead the Press Release
WILMINGTON, N.C. – A federal judge accepted a guilty plea today from a Fayetteville man who was charged with Conspiracy to Defraud the United States on Claims.
According to the Criminal Information, Casey Tyler Smith, 27, of Fayetteville, worked in Wilmington at a law firm identified in the Criminal Information as “B&S.” In the course of his work at the law firm, Smith had access to the firm’s Pitney Bowes postal meter.
According to the Criminal Information, Smith accessed the firm’s postal meter and fraudulently generated thousands of dollars in postage on the firm’s postal account. He and others then took the stolen postage to a post office where Smith filed fraudulent postal refund claims, alleging that the postage had been lost or stolen. In fact, the postage was used to generate fraudulent proceeds for Smith. The post office then provided refunds on the postage to Smith in the form of postal money orders, both in his own name and in the names of others.
The Criminal Information further alleges that Smith and others then took the postal money orders to banks to convert them into cash.
In total, Smith caused 113 fraudulent postal claims to be filed, resulting in more than $80,000 in losses to B&S.
At sentencing, Smith faces up to 10 years in prison and 3 years of supervised release for committing the offense of Conspiracy to Defraud the United States on Claims.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. The United States Postal Inspection Services handled the investigation of this case, and Assistant U.S. Attorney William M. Gilmore is prosecuting the case.
A copy of this press release is located on our website.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Eleven People Charged with $6 Million Bank Fraud Conspiracy that Operated in South Jersey and Southeastern PennsylvaniaRead the Press Release
CAMDEN, N.J. – Eleven people have been charged for their alleged roles in a large-scale conspiracy to commit bank fraud over in southern New Jersey and southeastern Pennsylvania over the course of four years, U.S. Attorney Craig Carpenito announced today.
The complaints unsealed today charge each of the defendants with bank fraud conspiracy in connection with a scheme that used hundreds of fraudulent accounts to defraud several major banks of $6 million and then launder that money and send it overseas to other conspirators.
According to documents filed in this case and statements made in court:
The defendants are allegedly members of a Nigeria-based, multi-layered organization that engaged in a massive bank fraud conspiracy in several states, including New Jersey, Pennsylvania, Maryland and Rhode Island, between June 2016 and March 2020. Members of the group stole numerous business checks from the United States mail, altered the payee on the checks to a fraudulent name and deposited the checks in bank accounts that had been opened with forged foreign passport documents and fraudulent U.S. visas that matched the names on the stolen checks. Once the banks credited all or a portion of the funds to the accounts – but before the checks had cleared – the defendants withdrew the funds from ATMs or purchased money orders, using debit cards associated with the fraudulent accounts. Members of the organization have used over 400 fraudulent accounts with fake identity documents to defraud the banks.
The organization also laundered the proceeds of the fraud by several means, including using debit cards to purchase money orders from third party stores and using those money orders to purchase used automobiles from different automobile auction companies in Pennsylvania. The vehicles were then exported to Nigeria and other countries in Africa to launder the stolen funds and to increase profits by selling the vehicles at the higher market values obtained for vehicles in these foreign countries.
The bank fraud conspiracy count carries a maximum potential penalty of 30 years in prison and a maximum fine of $1 million.
U.S. Attorney Craig Carpenito credited special agents of the U.S. Postal Inspection Service, under the direction of Damon E. Wood, Inspector in Charge, Philadelphia Division, and Peter R. Rendina, Inspector in Charge, Washington Division; the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason Molina in Newark, Special Agent in Charge Brian A. Michael in Philadelphia, Special Agent in Charge John Ernst in Baltimore, and Special Agent in Charge Michael S. Shea in Boston Division; and the U.S. Department of State Diplomatic Security Service (DSS), New York Field Office and Philadelphia Resident Office, under the direction of Special Agent in Charge Timothy W. Dumas, with the investigation leading to the charges. He also thanked the U.S. Marshals Service and the Pennsylvania State Police for their assistance.
The government is represented by Assistant U.S. Attorney Patrick C. Askin of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The defendants charged today are listed below:
Name
Age
Residence
Sulaiman Fola Dosunmu
39
Darby, Pennsylvania
Tunde Adeowo
40
Lansdowne, Pennsylvania
Muritala Adeowo
55
Lansdowne
Ayanniyi K Alayande
47
Darby
Ahmmed Bamidele Ponle
41
Darby
Margiettu M. Kamu
34
Philadelphia
Rafiat Adesubomi Sarumi
36
Yeadon, Pennsylvania
Babatunde Omotayo Oke
40
Hyattsville, Maryland
Adekunle Kehinde Owolabi
49
Laurel, Maryland
Olayinka Peter Olaseinde
42
Providence, Rhode Island
Olugbenga Oyedele
47
Collingdale, Pennsylvania
East Central Illinois Woman Charged with Meth TraffickingRead the Press Release
URBANA, Ill. – An East Central Illinois woman made her initial appearance in federal court today after she was charged by criminal complaint for alleged possession of more than 50 grams of methamphetamine with intent to distribute. Angela Faith Brown, 41, last known address Mansfield, Ill., was arrested on June 23, 2020, in Ashmore, Ill, a rural Coles County community.
At today’s hearing, before U.S. Magistrate Judge Eric I. Long, Brown was ordered to remain detained in the custody of the U.S. Marshals Service pending a detention hearing scheduled on June 29.
The complaint and supporting affidavit allege that Brown possessed more than 50 grams of methamphetamine with intent to distribute on June 23, 2020, when she was arrested near Ashmore, Ill., in Coles County.
If convicted, the statutory penalty for the offense is 10 years to life in prison.
The charge is the result of an investigation by the FBI Southern Illinois Transnational Organized Crime Task Force; the Coles County Sheriff’s Office; and the Charleston Police Department, with assistance from the Office of Coles County State’s Attorney Jesse Danley. Assistant U.S. Attorney Ryan Finlen represents the government in the case prosecution.
Members of the public are reminded that a complaint is merely an accusation; each defendant is presumed innocent unless proven guilty.
Department of Justice Announces Launch of Civil Rights Reporting PortalRead the Press Release
The Western District of Michigan’s Local Hotline Continues as a Supplement to the New Portal
GRAND RAPIDS, MICHIGAN -The Department of Justice today announced the launch of the Civil Rights Reporting Portal. This new online tool will make it easier for the public to report a civil rights violation.
“The Department is committed to upholding the civil and constitutional rights of all people in the United States,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Civil Rights Reporting Portal will make it easier for the public to connect with us, which in turn makes us more effective at upholding these important rights. I encourage the public to use this portal to report civil rights violations.”
The new Civil Rights Reporting Portal – located at civilrights.justice.gov – will consolidate over 30 unique reporting pathways. The portal will dramatically ease the burden on victims of civil rights violations to identify the proper reporting channel. The form is fully accessible to people with disabilities. It is also available in both English and Spanish, with more languages to be added over the next year.
Western District of Michigan U.S. Attorney Andrew Birge explained that the established civil rights hotline contact for the U.S. Attorney’s Office in Grand Rapids will remain available as well, at 616-808-2004 and [email protected]. “We coordinate with the Civil Rights Division on referrals; so whether you want to reach us quickly with a concern or to actually file a report through the new portal, you will be taken seriously.”
Individuals who believe that they may have been victims of civil rights violations can learn more about their rights and how to report violations by visiting civilrights.justice.gov. If you believe that you are a victim of criminal civil rights violations, such as misconduct by law enforcement officers, hate crimes, or human trafficking, please contact your local FBI office.
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Convicted Felon Sentenced to 13 Months in Prison for Possessing a FirearmRead the Press Release
St. Louis, Missouri – Mark Harris, 25, of St. Louis, Missouri was sentenced to 13 months in prison on a charge of felon in possession of a firearm. He appeared in federal court today before U.S. District Judge Catherine D. Perry.
According to court documents, on May 27, 2019, St. Louis Metropolitan Police Department Officers received a call for suspicious person/drugs in the 4000 block of Blow Street. Upon responding to that area, Officers observed three occupants of a vehicle smoking cigarillos, and the Officers smelled marijuana. Officers knocked on the vehicle’s driver’s window and when the driver, later identified as Mark Harris, rolled down the window, the Officers observed a bag of marijuana on Harris’ lap. When the Officers asked if there were any more illegal drugs in the vehicle, the backseat passenger stated that she had more marijuana in her bag, which she handed to the Officers. Officers removed Harris from the vehicle and patted him down, at which time the Officer immediately felt a firearm in Harris’ shorts pocket. The firearm was a loaded Hi-Point, 9mm semi-automatic pistol. Harris has prior felony convictions for a 2015 Stealing of a Motor Vehicle and a 2016 Forgery.
This case was investigated by the St. Louis Metropolitan Police Department.
Cherokee, N.C. Man Is Sentenced to More Than Seven Years for Possession of A Firearm While on Federal ProbationRead the Press Release
ASHEVILLE, N.C. – Chief U.S. District Judge Martin Reidinger today sentenced Tanner Moren Eagle Larch, 30, of Cherokee, N.C., to 92 months in prison and three years of supervised release for a firearms offense, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Vincent C. Pallozzi, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in North Carolina, and Sheriff Chip Hall of the Jackson County Sheriff’s Office join U.S. Attorney Murray in making today’s announcement.
On April 4, 2013, Larch was sentenced to six and a half years in prison and three years of supervised release for a federal robbery conviction. According to filed court documents and today’s sentencing hearing, on September 14, 2018, while Larch was still on federal probation, the Jackson County Sheriff’s Office was informed that an arrest warrant for Larch had been issued for a violation of the terms of his supervised release. Court records show that Larch had been seen on the campus of Smoky Mountain High School leaving the football stadium on the same day. Law enforcement located and attempted to arrest Larch, who dropped a firearm he possessed and fled on foot. After he fled the scene, Larch, holding a second firearm behind his back, approached five young males standing outside of a car in the parking lot behind the high school’s gymnasium. Following a brief tussle, one of the young men wrestled the firearm out of Larch’s hands, and Larch fled the scene again. Shortly thereafter, Larch was apprehended by law enforcement.
On January 7, 2020, a federal jury convicted Larch of two counts of possession of a firearm by a felon. Larch is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, U.S. Attorney Murray commended the ATF and the Jackson County Sheriff’s Office for their investigation of this case. He also thanked District Attorney Ashley Welch for her office’s coordination over the course of the prosecution of this case.
Special Assistant United States Attorney (SAUSA) Alexis Solheim prosecuted the case. Ms. Solheim is a state prosecutor with the office of the 30th Prosecutorial District, and was assigned by District Attorney Ashley Welch to serve as SAUSA with the U.S. Attorney’s Office in Asheville. Ms. Solheim is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 30th Prosecutorial District and the United States Attorney’s Office. The SAUSA position helps ensure the effective and vigorous prosecution of federal court cases that impact the counties within the 30th Prosecutorial District.
Charleston Man Sentenced to Five Years in Federal Prison for Drug and Gun OffenseRead the Press Release
Charleston, South Carolina --- United States Attorney Peter M. McCoy, Jr., announced today that Sean Deandre Martin, 33, of Charleston, was sentenced to five years in federal prison after pleading guilty to possession of a firearm in furtherance of a drug trafficking crime.
Evidence presented to the court showed that on August 1, 2017, Martin was arrested after a gun and multiple types of narcotics were discovered in the car he was driving on Savannah Highway in West Ashley. Text messages on Martin’s cell phone confirmed that he was dealing drugs. Martin ultimately pleaded guilty to possessing a firearm in furtherance of drug trafficking on February 24, 2020.
United States District Judge David Norton sentenced Martin to 60 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
This case was prosecuted as part of the joint federal, state, and local 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. Assistant United States Attorney Chris Schoen of the Charleston office prosecuted the case.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Carroll, Iowa Man to Federal Prison for Firearm ChargeRead the Press Release
A man who illegally possessed a firearm was sentenced June 24, 2020, to more than 5 years’ in federal prison.
Marcelino Delangel, 47, from Carroll, Iowa, pled guilty on December 30, 2019, to being a felon in possession of a firearm. Delangel had been previously convicted of three felony crimes in Mower County, Minnesota, in 2003, 2006 and 2010, respectively.
At the plea and sentencing hearings, evidence showed that Delangel illegally possessed a .22 caliber pistol, which was seized from his vehicle that he was driving when stopped by law enforcement on November 7, 2018. Also seized from Delangel’s vehicle was 5.2 grams of methamphetamine, Vicodin pills, and a digital scale. Evidence at the hearing, showed the pistol was loaded with four rounds of ammunition and had been stolen during a burglary in Carroll, Iowa in October 2018.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Delangel remains in custody of the United States Marshal until he can be transported to a federal prison. Delangel was sentenced to 61 months’ plus 17 days’ imprisonment. He must also serve a term of 3 years of supervised release following the imprisonment. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, Bureau of Alcohol, Tobacco, Firearms and Explosives, Carroll County Sheriff’s Office, and Carroll, Iowa Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-3054. Follow us on Twitter @USAO_NDIA.
Canadian Man Sentenced for Smuggling Aliens into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Wanderson Dos Santos-Freitas, 35, a Brazilian citizen living in Toronto, Canada, who was convicted of alien smuggling, was sentenced to serve 21 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that on March 13, 2019, at approximately 9:00 a.m., a U.S. Border Patrol Agent spotted a black jet ski with three occupants, two males and one female, about 50-60 feet from the shoreline at Beaver Island State Park. When the occupants noticed the agent, the operator of the jet ski, the defendant, stepped into the water, and began to push the watercraft further away from the shoreline. Dos Santos-Freitas continued to stand up in an apparent attempt to restart the jet ski, but the jet ski began to release smoke from the exhaust. After a couple minutes, the defendant began to wave at the agent and related that the jet ski appeared to be stuck in the ice. Air and Marine Operations were alerted and responded to the scene.
A short time later, Dos Santos-Freitas got off the jet ski, abandoning his two passengers, and walked across the ice onto the shore. When asked by agents on shore for his citizenship, the defendant stated that he was a “permanent resident of Canada.” Dos Santos-Freitas also stated that he did not have any immigration documentation which would allow him to enter the United States legally. The defendant was then placed under arrest. The defendant’s passengers later told agents that they expected to pay the defendant after arriving at their final destinations in the United States.
The sentencing is the result of an investigation by U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Eduardo Payan; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and U.S. Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
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COVID-19 ALERT: Fraudulent Facemask FlyersRead the Press Release
GREENSBORO, NC — U.S. Attorney Matthew G.T. Martin of the Middle District of North Carolina today urged the public to be aware regarding fraudulent postings, cards, or flyers on the internet regarding the Americans with Disabilities Act (ADA) and the use of face masks due to the COVID-19 pandemic, many of which include the United States Department of Justice’s seal. An example of these cards appears below:
These postings, cards, and flyers were not issued by the Department of Justice and are not endorsed by the Department.
“Do not be fooled by the chicanery and misappropriation of the DOJ eagle,” said U.S. Attorney Martin. “These cards do not carry the force of law. The ‘Freedom to Breathe Agency,’ or ‘FTBA,’ is not a government agency.”
U.S. Attorney Martin urges the public not to rely on the information contained in these postings and flyers and to visit http://www.ADA.gov for official information about the Americans with Disabilities Act. For more information and technical assistance about the ADA, please contact the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY).
The Centers for Disease Control and Prevention recommends wearing cloth facial coverings in areas where social distancing guidelines may be difficult to maintain, especially in areas of significant community-based transition.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Bookkeeper sentenced to 37 months in federal prison for stealing nearly $540,000Read the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Kenya Dake, 51, of Indianapolis, was sentenced in federal court for perpetrating a 4 ½-year scheme to steal nearly $540,000 from her employer, an Indianapolis-based small business. Dake was sentenced to 37 months in federal prison by U.S. District Judge Tanya Walton Pratt.
“Fraud on a small business often impacts much more than the bottom line,” said Minkler. “It can cost people good jobs and breed distrust, especially when perpetrated by a trusted employee. Those who exploit their positions for personal financial gain must be, and will be, held accountable.”
Dake’s now-former employer is a local consulting firm that, among other things, helps its clients secure federal grants. Dake, who worked at the company since 2012, was the company’s controller and office manager and made an annual salary of approximately $80,000.
Late last year, federal agents uncovered Dake’s embezzlement scheme and moved to disrupt it as it was happening. The coordinated investigation by four federal law enforcement agencies—the U.S. Postal Inspection Service, Federal Bureau of Investigation, U.S. Marshal’s Service, and Internal Revenue Service-Criminal Investigation—led to search and seizure warrants at Dake’s residence and ultimately federal fraud and money laundering charges.
The investigation revealed that Dake had been stealing from her employer since at least 2015. As Dake admitted in her guilty plea, she funneled company funds to herself by connecting her personal bank accounts to fictitious “vendors” she created in the company’s bookkeeping system. She also made personal purchases on Amazon with company money. The amounts Dake stole were relatively small at first, a few hundred dollars every couple of months. By mid-2017, they had picked up significantly, averaging nearly $20,000 per month until she was caught in 2019. In all, through hundreds of transactions, she stole nearly $540,000, which she concealed by recording the personal purchases and “vendor” payments in the company’s financial ledger as legitimate company expenses.
Dake spent the stolen money on routine living expenses (e.g., meals, groceries, and clothing), significant cash withdrawals, several pieces of diamond and platinum jewelry, a new 2019 Honda SUV, and multiple trips to Aruba.
Federal agents were able to seize the SUV, much of the jewelry, and over $50,000 from two different bank accounts.
“This sentencing reinforces that fraud on small businesses is something we take seriously,” stated Kathy Enstrom, Special Agent in Charge of IRS-CI Chicago Field Office. “IRS-Criminal Investigation is uniquely positioned to investigate financial fraud schemes such as this. We are proud to be able to contribute to this investigation in cooperation with our law enforcement partners.”
“The U.S. Postal Inspection Service, the law enforcement and security arm of the U.S. Postal Service, investigates any fraud in which the U.S. Mail is used, even if the fraud began another way; the use of the mail is what makes it mail fraud” said Felicia George, Acting Inspector in Charge. “In an effort to uphold the nation’s first consumer protection law, Postal Inspectors enforce the mail fraud statute to the fullest extent possible against those seeking to separate innocent customers and businesses from their money through illegal or nefarious means.”
“Through her embezzlement, Ms. Dake took advantage of her position and her employer’s trust for her own personal criminal gain. Theft such as this is unacceptable and today’s sentence clearly shows that cooking the books never pays off in the long run,” said Acting Special Agent in Charge Robert “Alex” Middleton, FBI Indianapolis. “The FBI is dedicated to working with our law enforcement partners to investigate those who choose to engage in illegal activity and bring these corrupt individuals to justice.”
According to Assistant U.S. Attorney Nick Linder, who prosecuted the case for the government, Dake will serve 37 months in federal prison, three years of supervised release, and the seized property will be forfeited and Dake must repay all of the money she stole.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the Office’s firm commitment to prosecuting complex, long-running fraud schemes. See United States Attorney’s Office, Southern District of Indiana Strategic Plan 5.1
Bath Man on NYS Parole Arrested on Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ryan Hamilton, 28, of Bath, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a mandatory minimum penalty of 10 years in prison and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in 2016, the defendant was convicted in New York State Court of Possessing a Sexual Performance by a Child and sentenced to 10 years’ probation. In 2017, Hamilton violated his probation, was convicted again of Possessing a Sexual Performance by a Child, and was sentenced to two to four years in prison. The defendant served his sentence and was released from prison in June 2019.
On October 4, 2019, a New York State Parole Officer conducted a home visit at Hamilton’s residence in Bath. During the visit, the defendant was found to be in possession of an unregistered Kyocera cellular telephone and Samsung tablet, in direct violation of his parole conditions. The Parole Officer determined that the tablet contained a number of pornographic videos depicting minors performing sexual acts with adults. Hamilton was arrested for violating his parole. A further review of the tablet recovered approximately 87 videos and 1,124 images containing child pornography.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton, the New York State Police, under the direction of Major Eric Laughton, and the New York State Department of Corrections and Community Supervision, under the direction of under the direction of Acting Commissioner Anthony J. Annucci.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Atlanta hospital system to pay $16 million to resolve false claims allegationsRead the Press Release
ATLANTA - Piedmont Healthcare, Inc., an Atlanta-based hospital system, has agreed to pay $16 million to settle allegations that it violated the False Claims Act by billing Medicare and Medicaid for procedures at the more expensive inpatient level of care instead of the less costly outpatient or observation level of care. The settlement also resolves allegations that Piedmont paid a commercially unreasonable and above fair market value to acquire Atlanta Cardiology Group in 2007 in violation of the federal Anti-Kickback Statute.
“Billing the government for unnecessary inpatient services wastes precious government resources and taxpayer dollars,” said U.S. Attorney Byung J. “BJay” Pak. “All appropriate action will be taken to ensure that beneficiaries of federal health care programs received services untainted by overcharges and improper financial incentives.”
“Our watchdog agency will continue to aggressively investigate healthcare providers that attempt to boost their profits by billing Medicare and Medicaid for medically unnecessary services and engaging in kickback schemes,” said Special Agent in Charge Derrick L. Jackson, U.S. Department of Health and Human Services Office of Inspector General. “We will not tolerate such greed-fueled schemes, which bilk taxpayer-funded health care programs and undermine the public’s trust in the healthcare industry.”
“Our office will continue to work with our federal partners to ensure that healthcare providers abide by rules that serve as important safeguards for public safety and public resources,” said Georgia Attorney General Chris Carr.
The settlement resolves two separate False Claims Act allegations. First, between 2009 and 2013, Piedmont’s case managers allegedly overturned the judgment of its treating physicians on numerous occasions and billed Medicare and Medicaid at the more expensive inpatient level of care even though the treating physicians recommended performing the procedures at the less expensive outpatient or observation level of care. Second, in 2007 Piedmont allegedly acquired the Atlanta Cardiology Group, a physician practice group, in violation of the federal Anti-Kickback Statute by paying a commercially unreasonable and above fair market value for a catheterization lab partly owned by the practice group.
This settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia by a former Piedmont physician under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens to bring lawsuits on behalf the United States and obtain a portion of the government’s recovery. The whistleblower in this case will receive $2,967,400.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the Georgia Medicaid Fraud Control Unit, and Health and Human Services—Office of the Inspector General, with substantial assistance from the Department of Justice Civil Division, Commercial Litigation Branch (Frauds Section).
Assistant U.S. Attorney Armen Adzhemyan represented the United States in this matter and Assistant Attorney General James Mooney represented the State of Georgia.
The case is captioned United States and Georgia ex rel. Doe v. Piedmont Healthcare, Inc. et al., 1:16-CV-780. The claims resolved by this settlement are allegations only and there has been no determination of liability.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Anchorage Woman Charged with Embezzling Funds from a Tribal Organization in AlaskaRead the Press Release
U.S. Attorney Bryan Schroder announced today that an Anchorage woman has been federally charged with embezzling approximately $174,290 from the Alaska Native Harbor Seal Commission (ANHSC), which was primarily funded from federal grants issued by the National Oceanic and Atmospheric Administration, with additional federal grant funds provided by the Bureau of Indian Affairs.
Joni Raelle Bryant, 43, of Anchorage, was named in the indictment charging her with one count of embezzlement from an Indian tribal organization, and two counts of embezzlement from an organization receiving federal funds.
The indictment alleges that, from July 2014 to October 2016, Bryant embezzled approximately $174,290 from the ANHSC for her personal use. During that time, Bryant was employed as the Executive Director at the ANHSC, and was responsible for managing federal grants, as well as the day-to-day financial management of the organization.
Bryant allegedly embezzled the money by using the ANHSC credit card to make unauthorized personal purchases, and by using the ANHSC checking account to make unauthorized cash withdrawals, issue unauthorized checks, and make unauthorized debit card purchases with tribal funds. The unauthorized expenditures included paying for personal travel for herself and family, personal purchases at various retail stores, gas and grocery purchases, wireless service charges, and insurance and utility bills.
If convicted, Bryant faces a maximum sentence of up to 10 years in federal prison and up to a $250,000 fine, for the most serious charges alleged. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The U.S. Department of Interior’s Office of Inspector General (DOI-OIG) conducted the investigation leading to the charges in this case, with assistance from the U.S. Department of Commerce’s Office of Inspector General and the Anchorage Police Department. This case is being prosecuted by Assistant U.S. Attorney Charisse Arce.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Anchorage Motivational Speaker Indicted on Federal Child Pornography ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Donteh Mone Devoe, 41, of Anchorage, has been federally charged with two counts of production of child pornography, one count of receipt of child pornography, and one count of coercion and enticement of a minor. Devoe was arrested in February 2020, and was ordered detained pending trial.
According to court documents, Devoe became the subject of an investigation on Jan. 29, 2020, when Anchorage Police Department (APD) received a tip concerning allegations that Devoe had engaged in inappropriate sexual conduct with a minor. The complaint alleges that, between Sept. 30, 2019, and Oct. 1, 2019, Devoe used text messages to request sexually explicit images of the minor. It is further alleged that the minor would receive sexually explicit images of Devoe while she was in school, and that there were at least two incidents where Devoe and the minor had sexual contact. A search of Devoe’s cell phone and iCloud account revealed the graphic communications, as well as several sexually explicit images of the minor.
After serving his sentence for a federal drug conviction, Devoe traveled throughout Alaska giving motivational speeches about rehabilitation and reentry, oftentimes coming into contact with students from the Anchorage School District.
If the public has any further information regarding Devoe’s activities, please contact FBI’s Anchorage Field Office at (907) 276-4441.
If convicted, Devoe faces a mandatory minimum sentence of 15 years up to life in federal prison, for the most serious charges alleged. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history of the defendant.
The Anchorage Police Department (APD), as well as FBI’s Child Exploitation Task Force, conducted the investigation leading to the charges in this case. This case is being prosecuted by Special Assistant U.S. Attorney Jennifer Ivers of the U.S. Attorney’s Office for the District of Alaska.
The investigation is also 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 U.S. Attorneys’ Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Activity in the United States Attorney's OfficeRead the Press Release
Chief Federal District Court Judge Scott W. Skavdahl sentenced TOMOTHY R. MARTINEZ, 30, of Gillette, Wyoming on June 19, 2020 for retaliation against an informant. Martinez was arrested in Casper, Wyoming. He received thirty-eight months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $500.00 fine and a $100.00 special assessment. The Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced TAYLOR MARIE NICKS, 25, of Gillette, Wyoming on June 19, 2020 for conspiracy to distribute methamphetamine, and using, carrying, brandishing, and discharging a firearm during and in relation to a drug trafficking crime, and retaliation against an informant. Nicks was arrested in Casper, Wyoming. She received two hundred four months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $300.00 special assessment. The Gillette Police Department and the Wyoming Division of Criminal Investigation investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced ISAAC DORMAN, 23, of Casper, Wyoming on June 19, 2020 for carjacking and aiding and abetting, theft from a federally licensed dealer of firearms, and using, carrying, and discharging a firearm during and in relation to a crime of violence. Dorman was arrested in Cheyenne, Wyoming. He received one hundred sixty six months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay restitution in the amount of $3,283.76 and a $300.00 special assessment. The Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced GUADALUPE HERNANDEZ, Jr., 39, of Lovell, Wyoming on June 10, 2020 for felon in possession of a firearm. Hernandez was arrested in Cody, Wyoming. He received twenty-four months of imprisonment, to be followed by thirty-six months of supervised release, and ordered to pay a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Federal District Court Judge Alan B. Johnson sentenced TRISHA ANN GARNER, 36, of Cheyenne, Wyoming on June 11, 2020 for possession with intent to distribute methamphetamine. Garner was arrested in Laramie County, Wyoming. She received thirty-four months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay community restitution in the amount of $200.00 and a $100.00 special assessment. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
Chief Federal District Court Judge Scott W. Skavdahl sentenced SHAWN MICHAEL CONNORS, Jr., 27, of Gillette, Wyoming on June 23, 2020 for receipt of child pornography. Connors was arrested in Gillette, Wyoming. He received sixty months of imprisonment, to be followed by one hundred twenty months of supervised release, and ordered to pay a $100.00 special assessment. The U.S. Department of Homeland Security Investigations and the Wyoming Internet Crimes Against Children Task Force investigated this case.
11 Members and Associates of the Bully Gang Charged with Narcotics Conspiracy, Illegal Weapons Possession and Money LaunderingRead the Press Release
Defendants Include Two New York City Department of Education Employees
Two criminal complaints were unsealed today in federal court in Brooklyn charging 11 members and associates of the New York City-based Bully street gang with crimes related to conspiracies to distribute drugs throughout Maine and in New York, smuggling drugs into Rikers Island, illegal weapons possession and money laundering. The initial appearances of six defendants arrested today in Brooklyn and New Jersey—alleged Bully gang member Derrick Ayers and gang associates Bermon Clarke, Amy Sonnenblick, Nia Govan, Paul Harris and Anthony Kennedy—are scheduled for this afternoon before United States Chief Magistrate Judge Cheryl L. Pollak. Defendant Amanda Walton was arrested in Maine. Defendant Amanda Huard is currently not in custody. The remaining defendants were previously incarcerated.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), Dermot F. Shea, Commissioner, New York City Police Department (NYPD), and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the charges.
“As alleged, these defendants trafficked narcotics between Maine and New York, including smuggling dangerous contraband drugs into Rikers Island,” stated United States Attorney Donoghue. “Drug dealers, and those who launder their drug proceeds, destroy lives and communities and, in this case, jeopardized the safety and security of a prison.”
Mr. Donoghue expressed his grateful appreciation to the Maine Drug Enforcement Agency, the United States Attorney’s Office for the District of Maine, New Hampshire State Police, Maine State Police, Brewer Maine Police Department, Waterville Maine Police Department and Augusta Maine Police Department for their assistance in the case.
“These arrests will undoubtedly have a significant impact on public safety. As alleged, these gang members and their associates plagued communities from New York City to Maine, but today, thanks to the diligent work of the ATF/NYPD Joint Firearms Task Force, their criminal exploits have been brought to an end,” stated ATF Special Agent-in-Charge DeVito. “I would like to thank the United States Attorney’s Office for their work in prosecuting this case and acknowledge the contributions of the New Hampshire State Police, Maine State Police, Maine Drug Enforcement Agency, Waterville Maine Police Department and the Augusta Maine Police Department.”
“The NYPD’s responsibility to prevent crime and keep people safe knows no boundaries. In this case, our hardworking detectives and law enforcement partners dismantled an alleged drug gang with a complex distribution network that crossed state lines and penetrated Rikers Island,” stated NYPD Commissioner Shea.
“Contraband smuggling at Rikers Island continues to be a threat to the security of our City’s jails and an active area of investigation for DOI. These defendants allegedly worked in concert using various methods to smuggle illicit drugs into Rikers Island, including mailing packages of paper soaked with K2 disguised as mail to inmates in an attempt to bypass Department of Correction screening procedures. DOI is proud to partner with the U.S. Attorney for the Eastern District of New York, the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division, and the New York City Police Department to investigate and prosecute these alleged crimes,” stated DOI Commissioner Garnett.
According to the complaints, Ayers, Clarke, Govan, Huard, Jessica Pelkey, Walton and Demetrius Wright are members of a drug ring operating in New York, Maine and elsewhere. The organization trafficked cocaine base (or “crack”), heroin and other controlled substances using vehicles with hidden compartments and “trap” houses in Maine to store and sell narcotics.
As alleged, the drug trafficking proceeds were deposited into various bank accounts, including an account controlled by Sonnenblick, who is employed as a paraprofessional by the New York City Department of Education, as is Clarke. Sonnenblick then transferred the drug money to her co-conspirators. In addition to laundering proceeds through bank deposits and wire transfers, drug proceeds were also laundered through the acquisition of vehicles, including a Range Rover purchased by Sonnenblick and used by Ayers.
As charged in the related complaint, Moeleek Harrell, the founder of the Bully gang and currently an inmate at Rikers Island, coordinated with associates Kennedy and Harris to smuggle 5-Fluoro MDMB-Pica, a Schedule I controlled substance commonly referred to as “K2,” into the jail. Law enforcement officers recovered multiple pages of a court transcript that had been soaked in K2 and earmarked for delivery to Harrell. A subsequent search of Harrell’s cell revealed additional pages of paper from comic books that field tested positive for synthetic cannabinoid and for fentanyl and/or heroin.
Ayers, Clarke, Govan, Huard, Pelkey, Walton and Wright are charged with conspiracy to possess with intent to distribute heroin and at least 280 grams of crack cocaine; Ayers and Clarke are charged with possessing one or more firearms in relation to the drug conspiracy; Ayers, Clarke, Govan, Sonnenblick and Walton are charged with money laundering conspiracy; and Harrell, Harris and Kennedy are charged with conspiracy to distribute and possess with intent to distribute K2.
During searches of premises today in Maine, Massachusetts, New Jersey and New York, law enforcement officials found multiple firearms; a substantial amount of U.S. currency; drug manufacturing and packaging supplies; law enforcement paperwork pertaining to criminal investigations and narcotics believed to include marijuana, crack cocaine, heroin and fentanyl.
The charges in the complaints are allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section and Public Integrity Section. Assistant United States Attorneys Drew G. Rolle, Nicholas J. Moscow and Special Assistant United States Attorney Virginia T. Nguyen are in charge of the prosecution.
The Defendants:
E.D.N.Y. Docket No. 20-MJ-453 (RER)
DERRICK AYERS (also known as “Mel”)
Age: 33
Rahway, New JerseyBERMON CLARKE (also known as “G”)
Age: 28
Rahway, New JerseyNIA GOVAN (also known as “Cam”)
Age: 29
Boston, MassachusettsAmanda Huard
Age: 38
MaineJESSICA PELKEY
Age: 26
Presque Isle, MaineAMY SONNENBLICK
Age: 48
Brooklyn, New YorkAMANDA WALTON
Age: 31
Portland, MaineDEMETTRIUS WRIGHT (also known as “Clean” and “Meexhi Brim”)
Age: 22
Brooklyn, New YorkE.D.N.Y. Docket No. 20-MJ-472 (CLP)
MOELEEK HARRELL (also known as “Moe Money”)
Age: 30
Brooklyn, New YorkPAUL HARRIS (also known as “Baldhead”)
Age: 31
Brooklyn, New YorkANTHONY KENNEDY (also known as “Biggie”)
Age: 34
Queens, New York
Wednesday 24 June 2020
WikiLeaks Founder Charged in Superseding IndictmentRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned a second superseding indictment today charging Julian P. Assange, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.
The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged. According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.
Since the early days of WikiLeaks, Assange has spoken at hacking conferences to tout his own history as a “famous teenage hacker in Australia” and to encourage others to hack to obtain information for WikiLeaks. In 2009, for instance, Assange told the Hacking At Random conference that WikiLeaks had obtained nonpublic documents from the Congressional Research Service by exploiting “a small vulnerability” inside the document distribution system of the United States Congress, and then asserted that “[t]his is what any one of you would find if you were actually looking.”
In 2010, Assange gained unauthorized access to a government computer system of a NATO country. In 2012, Assange communicated directly with a leader of the hacking group LulzSec (who by then was cooperating with the FBI), and provided a list of targets for LulzSec to hack. With respect to one target, Assange asked the LulzSec leader to look for (and provide to WikiLeaks) mail and documents, databases and pdfs. In another communication, Assange told the LulzSec leader that the most impactful release of hacked materials would be from the CIA, NSA, or the New York Times. WikiLeaks obtained and published emails from a data breach committed against an American intelligence consulting company by an “Anonymous” and LulzSec-affiliated hacker. According to that hacker, Assange indirectly asked him to spam that victim company again.
In addition, the broadened hacking conspiracy continues to allege that Assange conspired with Army Intelligence Analyst Chelsea Manning to crack a password hash to a classified U.S. Department of Defense computer.
An indictment contains allegations that a defendant has committed a crime. Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Stacey R. Moy, Special Agent in Charge of the FBI's Washington Field Office Counterintelligence Division, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler, Alexander P. Berrang, and Gordon D. Kromberg, and Trial Attorneys Adam L. Small and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.
Assange is currently detained in the United Kingdom on an extradition request from the United States. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs and UK authorities, including the Home Office and the Crown Prosecution Service for England and Wales.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-111.
WikiLeaks Founder Charged in Superseding IndictmentRead the Press Release
A federal grand jury returned a second superseding indictment today charging Julian P. Assange, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.
The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged. According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.
Since the early days of WikiLeaks, Assange has spoken at hacking conferences to tout his own history as a “famous teenage hacker in Australia” and to encourage others to hack to obtain information for WikiLeaks. In 2009, for instance, Assange told the Hacking At Random conference that WikiLeaks had obtained nonpublic documents from the Congressional Research Service by exploiting “a small vulnerability” inside the document distribution system of the United States Congress, and then asserted that “[t]his is what any one of you would find if you were actually looking.”
In 2010, Assange gained unauthorized access to a government computer system of a NATO country. In 2012, Assange communicated directly with a leader of the hacking group LulzSec (who by then was cooperating with the FBI), and provided a list of targets for LulzSec to hack. With respect to one target, Assange asked the LulzSec leader to look for (and provide to WikiLeaks) mail and documents, databases and pdfs. In another communication, Assange told the LulzSec leader that the most impactful release of hacked materials would be from the CIA, NSA, or the New York Times. WikiLeaks obtained and published emails from a data breach committed against an American intelligence consulting company by an “Anonymous” and LulzSec-affiliated hacker. According to that hacker, Assange indirectly asked him to spam that victim company again.
In addition, the broadened hacking conspiracy continues to allege that Assange conspired with Army Intelligence Analyst Chelsea Manning to crack a password hash to a classified U.S. Department of Defense computer.
An indictment contains allegations that a defendant has committed a crime. Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years 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.
John C. Demers, Assistant Attorney General for National Security, G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler, Alexander P. Berrang, and Gordon D. Kromberg, and Trial Attorneys Adam L. Small and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.
Assange is currently detained in the United Kingdom on an extradition request from the United States. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs and UK authorities, including the Home Office and the Crown Prosecution Service for England and Wales.
Wetzel County man sentenced for distributing heroinRead the Press Release
WHEELING, WEST VIRGINIA – Caleb McCune, of New Martinsville, West Virginia, was sentenced today to 33 months incarceration for selling heroin, U.S. Attorney Bill Powell announced.
McCune, age 24, pled guilty to one count of “Aiding and Abetting the Distribution of Heroin in Proximity to a Protected Location” in February 2020. McCune admitted to working with another to sell heroin near Bruce Park in Wetzel County in April 2019.
Assistant U.S. Attorney Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
U.S. District Judge John Preston Bailey presided.
Westbrook Man Pleads Guilty to Tax EvasionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that KEVIN BRAZA, 48, of Westbrook, waived his right to be indicted and pleaded guilty today before U.S. District Judge Janet C. Hall to one count of tax evasion.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding occurred via videoconference.
According to court documents and statements made in court, Braza operates K.E. Braza Construction, a construction and excavation business based in Old Saybrook, For the 2013 through 2017 tax years, Braza failed to report to the IRS approximately $565,161 in income earned through his business, and through gambling winnings. As a result, he failed to pay a total of $184,579 in federal income taxes.
Judge Hall scheduled sentencing for September 16, 2020, at which time Braza faces a maximum term of imprisonment of five years.
Braza has paid full restitution, including penalties and interest, of $394,474.
Braza is released on a $50,000 bond pending sentencing.
This case was investigated by the Internal Revenue Service – Criminal Investigation Division, and is being prosecuted by Assistant U.S. Attorney Heather Cherry.
Wellesley Physician Agrees to Pay $25,000 to Resolve Allegations that he Violated Controlled Substances ActRead the Press Release
BOSTON – A Wellesley plastic surgeon has agreed to pay $25,000 to resolve allegations that he provided controlled substances to family members outside the usual course of his professional practice and failed to maintain records and accurate inventories of controlled substances.
Arthur Shektman, M.D., a plastic surgeon practicing in Wellesley, has agreed to pay $25,000 to resolve allegations that he violated the Controlled Substances Act by dispensing controlled substances outside the usual course of his professional practice and by failing to maintain complete and accurate inventories of controlled substances.
“The proper handling of prescriptions is a critical part of patient safety and crucial to preventing drug diversion,” said United States Attorney Andrew E. Lelling. “This office will continue to ensure that DEA registrants meet federal recordkeeping requirements, whether they are solo physician practices or large pharmacy chains.”
“DEA registrants are responsible for handling controlled substances responsibly and ensuring that complete and accurate records are being properly kept and accounted for in compliance with the Controlled Substance Act,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration (DEA), Boston Field Division. “We are committed to working with our law enforcement and regulatory partners to ensure that these rules and regulations are followed.”
According to the allegations in the settlement, on two occasions, Dr. Shektman provided controlled substances to two family members outside the usual course of his professional practice. Dr. Shektman also allegedly failed to maintain records pertaining to Schedules III-V controlled substances and failed to maintain complete and accurate inventories of controlled substances.
Dr. Shektman cooperated with the federal investigation and has agreed to pay $25,000 to resolve the government’s allegations. He has also agreed to enter into a three-year Memorandum of Agreement with the DEA to come into compliance with the recordkeeping requirements of the Controlled Substances Act.
U.S. Attorney Lelling and DEA SAC Boyle made the announcement today. Assistant U.S. Attorney Lindsey Ross of Lelling’s Civil Division handled the case.
Washington, D.C. Man Sentenced to 9 Years in Federal Prison for the Armed Robbery of A Capitol Heights BarbershopRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Ambrose Augustus Doye, age 25, of Washington, D.C., yesterday to 9 years in federal prison, followed by five years of supervised release, for an armed commercial robbery and for brandishing a firearm during and in relation to a crime of violence.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Chief Hector Velez of the Prince George’s County Police Department.
According to Doye’s guilty plea, on November 26, 2018, Doye and his co-defendant drove to a barbershop in Capitol Heights, Maryland, and spoke with two employees outside of the shop, pretending to be potential customers. The two left and went to a convenience store across the street, then returned to the barbershop. Doye sat in the barbershop chair while an employee prepared to cut his hair. He then drew a handgun and pointed it at the employee, while Bolton struck a second employee in the back of the head with a handgun.
As detailed in the plea agreement, Doye and Bolton then forced the employees to the back of the store and pulled the blinds down over the windows of the barbershop. They forced the employees to strip naked and lie face down on the floor with their hands behind their heads, and ordered them to count to 1,000. They robbed the employees of their cellphones, money, and jewelry. The robbers threatened to kill the employees if they moved while they counted to 1,000. They demanded to know where additional money was located in the store and threatened to kill the employees when they were unable to locate additional money. They again threatened to kill the employees if the robbery was reported, then left the barbershop with the personal belongings of the employees. A search of Doye’s residence recovered a distinctive silver necklace stolen from one of the barbershop employees and a loaded, silver and black .40-caliber semi-automatic pistol.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI and the Prince George’s County Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Catherine K. Dick and Special Assistant U.S. Attorney Jared Hernandez, who are prosecuting the case.
# # #
Virginia Married Couple Arrested for COVID-Relief Loan FraudRead the Press Release
ALEXANDRIA, Va. – An Ashburn woman made her initial appearance in federal court this afternoon for conspiracy to commit wire fraud after allegedly submitting false loan applications in connection with the COVID-19 outbreak that resulted in the disbursement of over $1.4 million in proceeds under the Paycheck Protection Program (“PPP”).
Monica Magdalena Jaworska, 43, and her husband and co-defendant, Tarik Jaafar, 42, were arrested at John F. Kennedy International Airport on June 20, 2020, as they were attempting to flee to Poland. According to court documents, between April and May 2020, Jaworska and Jaafar submitted eighteen PPP loan applications containing materially false statements to twelve financial institutions in the names of four business entities. Relief provided by the CARES Act authorized up to $349 billion in forgivable loans to small businesses for job retention and certain permissible expenses, including payroll costs, rent, and utilities. The applications submitted by Jaworska and Jaafar allegedly were false because they claimed certain payroll tax returns were filed with the Internal Revenue Service (IRS) for each of the four businesses, when they were not in fact filed with the IRS.
As a result of the false statements, three financial institutions disbursed four loans totaling $1,438,500. While some of the funds were subsequently frozen, Jaafar was able to withdraw at least $30,000 in cash.
If convicted, Jaworska and Jaafar each face a maximum penalty of 20 years 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.
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at [email protected]. Members of the public in the Eastern District of Virginia are also encouraged to call 804-819-5416, or email [email protected] to reach their local Coronavirus Fraud Coordinator.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the Criminal Division for the FBI’s Washington Field Office; and Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA), made the announcement. Assistant U.S. Attorneys William Fitzpatrick and Kimberly Shartar are prosecuting the case.
Agents from the FBI’s John F. Kennedy International Airport Resident Agency, which included agents from U.S. Customs and Border Protection, assisted in the arrest.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-mj-167.
A criminal complaint is merely an accusation. The defendants are presumed innocent until proven guilty.
Virginia Drug Dealer Pleads Guilty to Possessing with Intent to Distribute Heroin and FentanylRead the Press Release
Baltimore, Maryland – Shawn Growden, age 30, of Winchester, Virginia, pleaded guilty today in federal court in Baltimore, Maryland to federal charges of possessing and distributing heroin and fentanyl.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Sheriff Mark A. Butler of the Northwest Virginia Regional Drug Task Force; Chief Marcus Jones of the Montgomery County Police Department; Sheriff Lenny Milholland of the Frederick County, Virginia Sheriff’s Office; and Chief John Piper of the Winchester, Virginia Police Department.
“State and federal law enforcement are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “More and more people are dying from fentanyl overdoses, including the fatal overdose victim who bought drugs from this defendant. We must do everything we can to reduce overdose deaths from this drug and from all opioids.”
According to Growden’s plea agreement, he regularly obtained narcotics from a Baltimore-based drug trafficking organization (“DTO”) which he then resold to paying customers in Winchester, Virginia and the surrounding areas.
From March 1, 2019, through Growden’s arrest on March 26, 2019, he regularly traveled to Baltimore to purchase approximately 62 grams of heroin laced with fentanyl, which he possessed with the intent to distribute.
On one occasion, Growden’s drug dealing resulted in a fatal overdose. On March 22, 2019, Growden purchased approximately 11 grams of heroin laced with fentanyl from the DTO in Baltimore. Later that day, Growden traveled to Winchester, Virginia and sold a portion of the heroin/fentanyl he had just bought to a victim.
On March 24, 2019, Virginia State Police responded to the victim’s house for a welfare check and found him deceased inside his bedroom. Inside the residence, police found a powdery substance consistent with heroin, along with the victim’s phone which revealed that the final outgoing text communications were with Growden on March 22, 2019, the contents of which were consistent with arranging a drug transaction. The medical examiner later concluded that the cause of death was acute combined fentanyl, acetyl fentanyl, heroin, and tramadol poisoning.
On March 26, 2019, Growden again communicated with a member of the Baltimore DTO and arranged to purchase approximately 10 grams of heroin. While returning to Winchester, Virginia, Growden’s vehicle was stopped by members of the Frederick County Sheriff’s Office, who recovered the heroin that Growden had just purchased.
After Growden was arrested, he agreed to speak with investigators and admitted that he had sold heroin to the fatal overdose victim on March 22, 2019. Growden also provided consent to search his cellular phone, which revealed additional text communications indicating that Growden had been redistributing the heroin purchased from the Baltimore DTO over the prior three weeks.
Growden faces a maximum sentence of 40 years in prison possessing and distributing heroin and fentanyl. Actual sentences for federal crimes are typically less than the maximum penalties. U.S. District Judge Deborah K. Chasanow has scheduled sentencing for October 29, 2020 at 2:00 pm.
United States Attorney Robert K. Hur praised the FBI; the Northwest Virginia Regional Drug Task Force; the Frederick County, Virginia Sheriff’s Office; and the Winchester, Virginia Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Michael Goldsticker and Matthew DellaBetta, who are prosecuting the case.
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United States Files Suit Against Drug Manufacturer Regeneron for Paying Kickbacks Through Co-Pay FoundationRead the Press Release
BOSTON – The U.S. Attorney’s Office announced today that the government has filed a civil False Claims Act complaint against drug manufacturer Regeneron Pharmaceuticals, Inc. (Regeneron), of Tarrytown, N.Y. The complaint alleges that Regeneron paid tens of millions of dollars in kickbacks for its macular degeneration drug Eylea, using a foundation as a conduit to cover co-pays for Eylea.
When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B, the beneficiary may be required to make a partial payment, which can take the form of a deductible or co-insurance amount (collectively, co-pays). Congress included co-pay requirements in the Medicare program, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value, including coverage of co-pays – to induce Medicare patients to purchase the companies’ drugs.
“According to the allegations in today’s complaint, Regeneron funneled tens of millions of dollars in kickbacks through a third-party foundation to ensure that few Medicare patients paid a co-pay on Eylea and that physicians who prescribed and purchased the drug did not have to collect Medicare co-pays from their patients,” said United States Attorney Andrew E. Lelling. “Regeneron allegedly paid these substantial sums only after confirming that the foundation needed the money to cover co-pays only for Eylea, and not for competing drugs, and that the company’s payments would generate a handsome return on investment, or ‘ROI,’ in the form of Medicare payments for Eylea. Furthermore, senior company executives allegedly took extensive measures to cover up the scheme.”
“Kickback schemes can undermine our healthcare system, compromise medical decisions, and waste taxpayer dollars,” said Phillip Coyne, Special Agent in Charge, Office of the Inspector General of the Department of Health and Human Service’s Boston Regional Office. “We will continue to hold pharmaceutical companies accountable for subverting the charitable donation process in order to circumvent safeguards designed to protect the integrity of the Medicare program.”
“As alleged, a pharmaceutical company has once again been caught manipulating the system and profiting handsomely at the expense of our taxpayer funded Medicare program,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “The FBI will aggressively pursue justice against this company and all companies like it until those in the pharmaceutical industry learn they are not above the law.”
The complaint alleges that, in 2012, soon after the launch of Eylea, Regeneron considered how much to pay a foundation that covered Medicare co-pays for patients taking macular degeneration drugs. At the time, Regeneron and Genentech, which sold Lucentis, were the leading manufacturers of macular degeneration drugs. Regeneron’s senior management was willing to pay the foundation only enough to cover Medicare co-pays for Eylea patients. As Regeneron’s former Chief Financial Officer put it, Lucentis patients were “Genentech’s problem.” Moreover, Regeneron senior management wanted assurances that the company’s payments to the foundation would generate a handsome ROI.
To satisfy senior management, the complaint alleges, Regeneron employees repeatedly contacted the foundation to learn the amount of money the foundation would need to cover the co-pays of Eylea patients only. They then determined the Medicare revenue that Regeneron would derive from those patients and calculated that the company would earn a return of over 400% on its payments to the foundation. Over the course of 2013 and through the beginning of 2014, Regeneron paid the foundation exactly what it said it needed to cover Medicare expenses for Eylea patients only.
The government alleges that Regeneron’s conduct violated the anti-kickback statute which prohibits such “indirect” kickbacks to subsidize the price of a Medicare drug. The government further alleges that Regeneron’s senior management knew the conduct was illegal. In 2013, company auditors twice inquired about the information Regeneron was getting from the foundation about Eylea. Both times, Regeneron management, including the company’s commercial chief, lied and asserted that the company was not getting Eylea-specific data from the foundation. In fact, as the executives knew, the company was getting frequent Eylea-specific reports from the foundation and then using that data to correlate the company’s payments to the foundation with the foundation’s spending on co-pays for Eylea. As a result, the government alleges, the physicians who prescribed and purchased Eylea rarely, if ever, had to consider the drug’s substantial cost, because they knew that the foundation would cover their patients’ Medicare co-pays.
U.S. Attorney Lelling, HHS-OIG SAC Coyne, and FBI SAC Bonavolonta made the announcement today. The U.S. Postal Inspection Service also assisted with the investigation. The matter is being handled by Assistant U.S. Attorneys Gregg Shapiro and Evan Panich of Lelling’s Affirmative Civil Enforcement Unit.
U.S. Attorney McSwain Announces Charges Filed Against Leader of Northeast Philadelphia Heroin Distribution Ring, his Girlfriend and Five OthersRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Juan Caceres, 30, of Elkins Park, PA; Jose M. Suarez-Mendosa, 29, of Philadelphia, PA; Jerson David Diaz, 31, of Philadelphia, PA; Ezequiel Regalado-Rosario, 45, of Philadelphia, PA; Ramcel Duarte-Rodriguez, 21, of Philadelphia, PA, and Juan Francisco Regalado-Ferreras, 27, of Philadelphia, PA, were arrested and charged by criminal complaint on charges of possession with intent to distribute various amounts of heroin as associates of the Caceres drug trafficking organization.
During the execution of simultaneous search warrants in June, Caceres, Regalado-Rosario, Duarte-Rodriguez and Regalado-Ferreras were arrested at a residence in the 1000 block of Saint Vincent Street in Northeast Philadelphia and charged with possession with intent to distribute one kilogram or more of heroin. At the same time, Suarez-Mendosa and Diaz were arrested at a residence in the 2900 block of Teesdale Street, also in Northeast Philadelphia, and charged with possession with intent to distribute 100 grams or more of heroin.
All six defendants made their initial appearances in federal court last week. Caceres – the ring-leader of the group – Diaz, Suarez-Mendosa, and Regalado-Rosario were all detained by the court until trial. Duarte-Rodriguez and Regalado-Ferreras will appear in court for their detention hearings on Friday, June 26. A seventh defendant, Braulizabeth Reyes-Villanueva (identified as Person #1 in the criminal complaint), 31, of Philadelphia, PA, was charged elsewhere with conspiracy to distribute one kilogram or more of heroin, was arrested separately and also made an appearance in court last week.
In a related investigation, four other defendants, Tennille Lee, 43, of Atlantic City, NJ; Ebony Chapman, 40, of Absecon, NJ; Andrew Prater, 38, of Atlantic City, NJ; and Theresa Lockhart, 28, of Millville, NJ; were charged elsewhere by the Atlantic County Prosecutor’s Office and arrested by authorities in New Jersey in June as part of a joint investigation with members of the Liberty Mid-Atlantic HIDTA (High Intensity Drug Trafficking Area) Task Force.
According to the federal criminal complaint, from February until June 2020, the defendants operated a drug trafficking scheme to package, store and distribute large amounts of heroin in Philadelphia, PA; Elkins Park, PA; Atlantic City, NJ; and other locations in the region. During the execution of the Teesdale Street and Saint Vincent Street search warrants, agents discovered a large-scale heroin packaging operation at the residence on Saint Vincent Street, including tens of thousands of packets of heroin, grinders, scales and other paraphernalia, as well as a loaded Glock 42 firearm with an additional box of 50 rounds. Agents also found two children, approximately two months old and four years old, apparently living in the drug-infested residence.
During the investigation, agents allegedly observed Reyes-Villanueva and Caceres supplying Lee with packages of drugs on multiple occasions in an alleyway behind the Teesdale Street residence. Lee would transport the drugs from Philadelphia in her vehicle to a stash house in Atlantic City. From there, Lee, Chapman, Prater and Lockhart were also allegedly involved in a drug distribution conspiracy in New Jersey working for a different organization. According to the complaint, Reyes-Villanueva is romantically linked with Caceres and is a major facilitator in his organization with multiple vehicles used by members of the group registered in her name.
“As alleged in the criminal complaint, Caceres and his cohorts pumped huge quantities of deadly heroin onto the streets of our city and region,” said U.S. Attorney McSwain. “Drug trafficking is an inherently dangerous business that preys on individuals in addiction and puts innocent bystanders, like the two young children found living in one of these drug dens, in jeopardy. Our office is determined to work with our law enforcement partners at all levels and in other jurisdictions to investigate and convict those who are poisoning our community with deadly drugs and put them where they belong -- behind bars.”
“Those who profit from drug trafficking have no regard for the incredible damage they’re doing to our communities,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “As alleged, Caceres and his crew pushed vast amounts of heroin into Philadelphia, Atlantic City, and surrounding areas, a region hit hard by the opioid epidemic. The FBI will continue to work with our federal, state, and local partners to take drug traffickers and their dangerous product off the streets.”
“This investigation proves once again that drug traffickers do not allow state lines to interfere with their illegal operations,” said Susan A. Gibson, Special Agent in Charge of the DEA’s New Jersey Division. “It is the mission of law enforcement at all levels to keep our communities safe. Those choosing to distribute these deadly narcotics need to know we will go wherever the investigation takes us to carry out that mission.”
“Atlantic County is a part of the epi-center of the opioid epidemic in this country,” said Atlantic County Prosecutor Damon G. Tyner. “This operation is exactly the type of collaborative effort that we envisioned when the Atlantic County Prosecutor’s Office sought to be included in the Liberty Mid-Atlantic High Intensity Drug Trafficking Area. The ability to work with multiple agencies to disrupt the illegal activity of large drug trafficking organizations and make our community safer is our mission every day.”
If convicted, the defendants arrested in the Teesdale residence, Suarez-Mendosa and Diaz, face a maximum possible sentence of 40 years in prison, and the defendants arrested in the Saint Vincent Street residence, Caceres, Regalado-Rosario, Duarte-Rodriguez and Regaldo-Ferreras, as well as Reyes-Villanueva, face a maximum possible sentence of lifetime imprisonment.
The case was investigated by the Federal Bureau of Investigation Philadelphia Division, the Philadelphia Police Department, the Pennsylvania Attorney General’s Office, the Montgomery County District Attorney’s Office Detectives – Violent Crime Unit, and the Cheltenham Police Department, with assistance from the Federal Bureau of Investigation Newark Division – Atlantic City Resident Agency, the Drug Enforcement Administration Atlantic City office and the Atlantic County Prosecutor’s Office, and is being prosecuted by Assistant United States Attorney Joseph Labrum.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two-Time Convicted Felon Pleads Guilty under Project EJECT to Illegally Possessing a FirearmRead the Press Release
Jackson, Miss – Hakeem Burnett, 30, of Jackson, pled guilty today before U.S. District Court Judge Henry T. Wingate to possessing a firearm after having been previously convicted of a felony crime, announced U.S. Attorney Mike Hurst and Michelle A. Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
On November 15, 2019, Vicksburg Police officers and FBI Task Force officers apprehended Burnett in Vicksburg pursuant to a warrant out of Hinds County for Drug Court violations. Burnett was in possession of a firearm at the time he was apprehended. Burnett has previous convictions for house burglary and being a felon in possession of a firearm.
On January 15, 2020, Burnett was charged in a federal criminal indictment with possessing a firearm as a convicted felon. He will be sentenced on September 22, 2020 at 9:30 a.m. by Judge Wingate. He faces a statutory penalty of up to 10 years in prison and a $250,000 fine.
This case was investigated by the Vicksburg Police Department and the Federal Bureau of Investigation. It is being 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.
Two Men Indicted for Bank RobberyRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury today indicted two Florida men for a bank robbery in Anniston, announced U.S. Attorney Jay E. Town and FBI Special Agent Johnnie Sharp, Jr.
A one-count indictment filed in U.S. District Court charges Christopher Jermain Spann, 35, and Shaun Jamar Harris, 31, Miami, FL with the January 10th robbery of a Regions Bank branch on Greenbriar Road in Anniston.
“The defendants did not care about the terror they caused when robbing the bank,” Town said. “Citizens doing their jobs and those conducting business in a bank should feel safe. We will continue to work with our law enforcement partners to investigate and prosecute those who commit violent crime in the district.”
The maximum penalty for bank robbery is 20 years in prison and a $250,000 fine.
The FBI investigated the case, along with the Anniston Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Fayetteville Men Indicted for the Arson of Fayetteville’s Market HouseRead the Press Release
WILMINGTON, N.C. – A federal grand jury returned indictments today charging two Fayetteville men with the arson of the City of Fayetteville’s Market House, a National Historic Landmark.
According to the indictments, Charles Anthony Pittman, 32, and Andrew Salvarani Garcia-Smith, 32, took part in the burning of the Market House after the peaceful protests following the death of George Floyd turned violent.
Several local news outlets filmed Pittman carrying around a red gasoline container on the second story of the Market House. Pittman proceeded to pour the gasoline throughout the second story of the Market House, which was then set on fire. Prior to any protests, Pittman posted a video on social media discussing his plans to bring the Market House down.
Authorities identified Garcia-Smith after he reported to a local hospital with several burn injuries as a result his actions. Garcia-Smith threw a bottle of burning liquid into the Market House. As he did so, the burning liquid spilled back onto him—setting Garcia-Smith’s hair and clothes ablaze. A social media video of the incident went viral, as several news outlets showed Garcia-Smith running down the steps of the Market House engulfed in flames.
Pittman and Garcia-Smith are each charged with the malicious burning of a building owned or possessed by an entity receiving Federal assistance. If convicted, both Pittman and Garcia-Smith face mandatory minimum sentences of 7 years in prison.
Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fayetteville Police Department are investigating the case and Assistant U.S. Attorneys Chad Rhoades and J.D. Koesters are prosecuting the case.
A copy of this press release is located on our website. Related court documents and information are located 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-mj-01575-JG for Pittman and 5:20-mj-01574-JG for Garcia-Smith.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
Three New Jersey Men Charged in Connection with Interstate Luxury Car Theft RingRead the Press Release
NEWARK, N.J. – Three New Jersey men have been charged for their alleged roles in a conspiracy to steal luxury cars in New Jersey, New York, and Connecticut and transport them across state lines, U.S. Attorney Craig Carpenito announced today.
Malik Baker, a/k/a “Smack,” a/k/a “Mu,” of Vauxhall, New Jersey, 26, and Hakeem Smith, a/k/a “B.A.,” a/k/a “Hak,” 29, and Nafique Goodwyn, 26, both of Newark, were charged by complaint with conspiring to transport stolen vehicles in interstate commerce. Baker and Smith were also charged with one count of conspiring to receive stolen vehicles and one count of receiving a stolen vehicle that had crossed state lines after being stolen, and Smith was also charged with one count of transporting a stolen vehicle across state lines. Goodwyn was arrested today and made his initial appearance via video conference before U.S. Magistrate Judge Joseph A. Dickson. He will be released on $100,000 bond with home detention. Baker and Smith are currently detained on unrelated charges and will make their initial appearances in federal court at a later date.
According to documents filed in this case and statements made in court:
Beginning in July 2019, the defendants and others stole and conspired to steal at least 10 luxury cars in New Jersey, New York, and Connecticut, and hid those cars at a location in Irvington, New Jersey. The cars included a 2019 BMW X4 M40i, stolen from Greenwich, Connecticut, on July 19, 2019; a 2016 Mercedes-Maybach S600, stolen from Clifton, New Jersey, on Aug. 1, 2019; a 2019 Porsche Cayenne, stolen from New City, New York, on Aug. 6, 2019; a 2017 Mercedes S550 and a 2019 Rolls Royce, stolen from Hewlett Bay Park, New York, on Aug. 13, 2019; a 2019 Land Rover, stolen from Kensington, New York, on Aug. 22, 2019; a 2019 Mercede-Maybach, stolen from Quogue, New York, on Aug. 29, 2019; a 2014 Lexus GS, stolen from West Long Branch, New Jersey, on Aug. 29, 2019; a 2017 BMW M4, stolen from Marlton, New Jersey, on Sept. 7, 2019; and a 2017 Mercedes AMG S63, stolen from Orangeburg, New York, in September 2019.
The defendants often used the stolen cars to steal additional cars, and, in one instance, they used a Maserati GranTurisimo they stole from Manalapan, New Jersey, to steal a Range Rover and a Porsche Cayenne in the early morning hours of Aug. 6, 2019 in New City, New York. When law enforcement attempted to conduct a stop of the Maserati, the Maserati accelerated and crashed head-on into a police vehicle before the suspects fled the scene in another stolen vehicle. Law enforcement recovered one of the stolen cars in a shipping container at the port in Newark en route to Ghana.
The cars stolen by the defendants have an estimated value of at least $1.5 million.
The charges of interstate transportation of stolen vehicles and receipt of stolen vehicles are both punishable by a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offenses.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Douglas Korneski in Newark;, as well as the Newark Police Department, under the direction of Public Safety Director Anthony Ambrose; the Irvington Township Police Department, under the direction of Director Tracy Bowers; the Clarkstown, New York, Police Department, under the direction of Chief Raymond McCullagh; the Wall Township Police Department, under the direction of Chief Kenneth Brown Jr.; the Marlboro Township Police Department, under the direction of Chief Peter Pezzullo; the Tewksbury Township Police Department, under the direction of Chief Tim Barlow; the New Jersey State Police, under the direction of Colonel Patrick J. Callahan; and the Hunterdon County Prosecutor’s Office, under the direction of Acting Prosecutor Michael J. Williams, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Christopher Amore and Olajide Araromi of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Three Men Indicted for Setting Fire to Police Vehicle During Protest in Las VegasRead the Press Release
LAS VEGAS, Nev. — Tyree Walker, 23, Devarian Haynes, 23, and Ricardo Densmore, 24, all of Las Vegas, were arraigned in federal court today on an indictment charging them for conspiring to and setting fire to a Las Vegas Metropolitan Police Department vehicle during a protest in Las Vegas three weeks ago, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
Walker, Haynes, and Densmore were each charged with two counts of conspiracy to commit arson and two counts of arson. The defendants made their initial appearance today before U.S. Magistrate Judge Cam Ferenbach who scheduled a jury trial for August 24, 2020, before U.S. District Judge Andrew Gordon.
According to allegations contained in court documents, on May 31, 2020, Walker, Haynes, and Densmore conspired with each other to damage a marked Las Vegas Metropolitan Police Department (LVMPD) patrol vehicle while protests relating to George Floyd’s death in Minneapolis were occurring in the vicinity. Shortly after midnight on May 31, Las Vegas Fire & Rescue responded to a fire involving a LVMPD patrol vehicle parked near the intersection of South Ninth St. and East Carson Avenue in downtown Las Vegas. A video posted to social media captured the event, leading LVMPD investigators to Walker, Haynes, and Densmore. The video, which was filmed by Densmore, showed Haynes pouring a flammable liquid from a gas can through a broken front passenger side window of the patrol vehicle. Walker lit an object to ignite the liquid, and then Haynes dropped the gas can into the patrol vehicle. All three defendants fled when they heard sirens from an approaching LVMPD vehicle.
If convicted, each defendant faces on each of the conspiracy and arson counts: (a) a mandatory minimum sentence of five years; (b) a mandatory maximum sentence of 20 years in prison; and (c) up to a $250,000 fine. The minimum and maximum statutory sentences are prescribed by Congress, and are provided here for informational purposes only. If convicted of any offense, the sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
An indictment merely alleges that crimes have been committed. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was the product of an investigation by the ATF, the Las Vegas Metropolitan Police Department, Las Vegas Fire & Rescue, and the FBI-led Criminal Apprehension Team in conjunction with the Joint Terrorism Task Force. Assistant U.S. Attorneys Lisa Cartier-Giroux and Stephanie Ihler are prosecuting the case.
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Three Individuals Indicted & Arrested for Health Care FraudRead the Press Release
SAN JUAN, Puerto Rico – On June 17, 2020, a Federal Grand Jury in the District of Puerto Rico returned a 43-count indictment charging Sophia Piñeiro-Ruscalleda, Dr. Alice Ruscalleda-Lebrón and Juan José Ruscalleda, former officials of New Health Med Group, Inc. (NHMG), with health care fraud, aggravated identity theft, conspiracy to commit health care fraud and obstruction of a criminal investigation related to health care offenses. The defendants were arrested today, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The Office of Inspector General for the United States Department of Health and Human Services (HHS-OIG) was in charge of the investigation. The indictment was unsealed today upon the arrest of the three defendants by HHS-OIG agents.
According to the indictment, from in or about July 2015 through in or about March 2017, Sophia Piñeiro-Ruscalleda, Dr. Alice Ruscalleda-Lebrón and Juan José Ruscalleda enriched themselves by submitting or causing to be submitted false and fraudulent claims to the Medicare program. The claims submitted by the defendants were for services purportedly rendered by various providers on behalf of NHMG, when said providers did not render any such services and never worked for NHMG on the dates of service listed on the claims submitted.
Defendants submitted and/or caused to be submitted to Medicare a total of 2,711 claims using various rendering providers’ identifiers totaling $194,960. The defendants are facing a health care fraud forfeiture allegation of $85,422, which constitutes the amount of money Medicare paid the defendants.
“Defrauding the Medicare program by submitting false claims will not be tolerated and we will continue to work with our law enforcement partners to hold those responsible for their criminal actions,” said U.S. Attorney Muldrow. “Medical professionals who steal federal health care funds divert scarce resources that are needed to deliver essential services to beneficiaries. This case demonstrates our resolve in attacking fraud and restoring confidence in federal programs intended to benefit the citizens of Puerto Rico.”
If found guilty, the defendants face maximum sentences of: (a) up to ten years in prison for charges relating to health care fraud and conspiracy to commit health care fraud; (b) up to five years’ imprisonment for the obstruction of a criminal investigation related to health care offenses; and (c) a mandatory two-year consecutive term in prison for aggravated identity theft.
The case was investigated by the HHS-OIG and was prosecuted by Assistant U.S. Attorney José Ruiz Santiago, Criminal Health Care Fraud Coordinator at the United States Attorney’s Office.
Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
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Three Defendants Plead Guilty in $65 Million Health Care Fraud; Additional Charges Brought Against Alleged RingleadersRead the Press Release
Assistant U. S. Attorney Mark Pletcher (619) 546-9714
NEWS RELEASE SUMMARY – June 23, 2020
SAN DIEGO – Three former U.S. service members pleaded guilty in federal court today, admitting their roles in a fraud scheme that bilked the military healthcare program known as TRICARE out of more than $65 million.
Kyle Adams, Daniel Castro and Jeremy Syto are scheduled to be sentenced September 11, 2020 before U.S. District Court Judge Janis L. Sammartino.
At the same time, the alleged ringleaders of this scheme were charged with additional crimes. Jimmy and Ashley Collins, a civilian married couple living in Cleveland, Tennessee, were originally charged in January 2018. They were charged on June 9, 2020 with additional crimes related to their operation of the scheme that cheated the health care program that covers United States military service members, retirees, and their dependents.
As Adams, Castro, and Syto admitted today, the defendants illegally recruited TRICARE patients to receive extraordinarily expensive and largely unnecessary prescription compounded drugs—which cost TRICARE an average of more than $14,500 per medication per month. They induced the patients to sign up by offering monthly payments to participate in a bogus “medical evaluation,” when, in fact, no medical evaluation was taking place.
“The military is very important to San Diego, and the U.S. Attorney’s Office and its law enforcement partners will ensure that military dollars are legally spent on necessary goods and services for military personnel,” said U.S. Attorney Robert Brewer. “Fraudsters, scammers, charlatans and thieves beware, there is no free passage through San Diego.”
“The theft of military health care dollars directly harms our Warfighters and will not be tolerated,” said Michael Mentavlos, Special Agent in Charge, Southwest Field Office, Defense Criminal Investigative Service. “Today’s guilty pleas demonstrate that DCIS, in partnership with NCIS, IRS, and the FBI, will aggressively pursue those who pillage DOD resources.”
“NCIS and our law enforcement partners began to uncover this multimillion dollar scheme to defraud the military thanks to a tip from a single service member,” said NCIS Marine Corps West Field Office Special Agent in Charge Amy Murphy. “These results highlight how critically important it is for our military personnel and family members to remain vigilant and always report suspected fraud. NCIS is grateful to the Defense Criminal Investigative Service, the Internal Revenue Service, and the FBI for their exceptional efforts during this extensive investigation.”
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient requires a particular dosage or application or is allergic to a dye or other ingredient.
Adams, Castro, and Syto admitted today that between October 2014 and July 2015, they worked as recruiters for Jimmy and Ashley Collins. At the Collins’ direction, the defendants recruited TRICARE beneficiaries by promising to pay them to evaluate the medications as part of an ongoing medical study, when in reality, no study was taking place. Once a recruiter convinced a TRICARE beneficiary to sign up to receive the compounded medications, the straw beneficiary’s information was sent to Choice MD, a Tennessee medical clinic co-owned and operated by Jimmy and Ashley Collins. Doctors and medical professionals employed by the Collinses at Choice MD, including Dr. Susan Vergot, Dr. Carl Lindblad, and Candace Craven, then wrote prescriptions for the TRICARE beneficiaries, despite never conducting a medical review or examination of the patients in person. Once signed by the doctors, these prescriptions were not given to the straw beneficiaries, but sent directly to The Medicine Shoppe, a pharmacy in Bountiful, Utah, which filled the prescriptions and received massive reimbursement from TRICARE.
Between December 2014 and May 9, 2015 – the day that TRICARE stopped reimbursing for compounded medications – the doctors working for the Collinses at Choice MD authorized 4,442 prescriptions and billed TRICARE $65,679,512.00 for these prescriptions.
The owners of The Medicine Shoppe then paid kickbacks to the Collinses based on a percentage of the TRICARE reimbursement paid for the prescriptions referred by the Collinses’ recruiter network. Between February and July 2015, these kickback payments to the Collinses totaled at least $45.7 million dollars. The Collinses, in turn, paid kickbacks to the recruiters working as part of their network, including Adams, Castro, and Syto, among others.
The Superseding Indictment also includes a lengthy list of forfeitable funds, property, and items purchased by the Collinses and others with the proceeds of the scheme, all of which has been previously seized or restrained by the United States. Included among these items is an 82-foot yacht, multiple luxury vehicles, including two Aston-Martins, dozens of pieces of farm equipment and tractor-trailer trucks, and three pieces of Tennessee real estate.
In addition to today’s guilty pleas from Adams, Castro, and Syto, both Dr. Vergot and Dr. Lindblad as well as Candace Craven, a nurse practitioner at Choice MD, have previously pleaded guilty for their roles in the conspiracy to commit healthcare fraud. CFK, Inc., the corporate owner of the Medicine Shoppe, has also pleaded guilty and paid a fine as part of this investigation.
Josh Morgan, another patient recruiter and former Marine from San Diego, pleaded guilty in March 2018 for his role in recruiting TRICARE beneficiaries to fraudulently receive these prescriptions, as did another former Marine, Bradley White, who admitted in July 2019 that he recruited patients who billed TRICARE over $7.6 million, for which he was paid over $195,000.
The next court date for defendants Jimmy and Ashley Collins is July 2, 2020.
DEFENDANTS
Case Number 18CR0432
Jimmy D. Collins Age: 56 Cleveland, TN
Ashley Collins Age: 33 Cleveland, TN
Kyle Adams Age: 33 Victoria, TX
Daniel Castro Age: 32 Oak Lawn, IL
Jeremy Syto Age: 26 Chula Vista, CA
SUMMARY OF CHARGES
Count 1:
Conspiracy to Commit Health Care Fraud – Title 18, U.S.C §§ 1349, 1347
Maximum Penalty: Ten years’ in prison and fine of higher of $250,000 or twice loss amount
Counts 2:
Conspiracy to Pay and Receive Illegal Remunerations
Conspiracy to Defraud the United States
Maximum Penalty: Five years in prison and fine of higher of $250,000 or twice loss amount
Counts 3-7:
Receipt of Illegal Remunerations – Title 42 U.S.C. § 1320(a)-7b(b)(1)
Maximum Penalty (per count): Five years in prison; $250,000 fine
Counts 8-13:
Payment of Illegal Remunerations -- Title 42 U.S.C. § 1320(a)-7b(b)(2)(A)
Maximum Penalty (per count): Five years in prison; $250,000 fine
AGENCY
Defense Criminal Investigative Service
Naval Criminal Investigative Service
IRS Criminal Investigation Division, Gulfport, MS
Federal Bureau of Investigation - Jackson, MS Field Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Texas Man Charged with COVID Relief FraudRead the Press Release
A Houston funeral director has been taken into custody on allegations he fraudulently sought over $13 million in Paycheck Protection Program (PPP) loans.
Jase DePaul Gautreaux, aka Jase Dixon, 38, is charged in a criminal complaint, unsealed today upon his arrest, with making false statements to a financial institution, wire fraud, bank fraud and engaging in unlawful monetary transactions. He is expected to make his initial appearance before U.S. Magistrate Frances H. Stacy in Houston at 2 p.m. CDT today.
Gautreaux allegedly perpetrated a scheme to file fraudulent loan applications seeking more than $13 million in forgivable loans. The Small Business Administration (SBA) guarantees the loans for COVID-19 relief through the PPP under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
The complaint alleges Gautreaux allegedly submitted several fraudulent PPP loan applications to federally insured banks, including applications on behalf of a business that did not exist and other applications on behalf of a business with which he had no affiliation. In these applications, Gautreaux allegedly falsified his identity, misrepresented the number of employees and payroll expenses of the putative companies and made numerous other inaccurate statements. According to the complaint, Gautreaux also submitted falsified tax documents and bank account information in support of these applications. He submitted fraudulent applications for over $13 million in PPP funds and ultimately received over $1.6 million in PPP funds, according to the charges.
The CARES Act is a federal law enacted March 29. It is designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act is 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.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. 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.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The Office of the Inspector General (OIG) - Federal Housing Finance Agency, Federal Deposit Insurance Corporation – OIG, SBA – OIG and U.S. Postal Inspection Service - Houston Division conducted the investigation. Trial Attorney Timothy A. Duree of the Criminal Division’s Fraud Section and Assistant U.S. Attorney James McAlister of the U.S. Attorney’s Office for the Southern District of Texas are prosecuting the case. The case team would also like to recognize the invaluable assistance of the Houston Police Department.
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.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Tennessee Man Sentenced for Traveling to Virginia to Sexually Abuse MinorsRead the Press Release
RICHMOND, Va. – A Tennessee man was sentenced today to 16 years in prison for traveling from Tennessee to Henrico County in order to meet up with and sexually abuse two minor children.
According to court documents, Thomas Monti, 73, of Murfreesboro, used the moniker “Master Thorn” to reach out online to an undercover FBI agent posing as an adult with access to two minor children. Monti detailed his interest in engaging in sexual acts with the children, to include graphic and violent sadomasochistic conduct. The explicit chats continued for approximately two months until October 2019, when Monti made the 10-hour trip from Tennessee to Virginia to meet the purported woman and the children in Henrico County. His intent was to live with the woman and the children for a time in order to engage in various forms of sexual abuse.
Upon arriving at a restaurant in Henrico County on the afternoon of October 3, agents with the FBI Child Exploitation Task Force arrested Monti. In his car were handcuffs, plastic ties, chains, metal skewers, ball gags, various sex toys, and candy.
Monti previously worked as a teacher since 1972 and served as an assistant principal from 1996 to 2007 in the Nashville, Tennessee area.
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 U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Special Assistant U.S. Attorney Samuel E. Fishel prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-154.
Tahlequah Man Sentenced to 12 Months 1 Day for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Haskell Doak Willis, age 65, of Tahlequah, Oklahoma was sentenced to 12 months and 1 day of imprisonment, and 3 years of supervised release for Felon In Possession Of Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Willis was also ordered to resign as a member of the Oklahoma Bar Association. The charges arose from an investigation by the Tahlequah Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on August 26, 2019, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, knowingly possessed in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
United States Attorney Brian J. Kuester said, “The Department of Justice is committed to working with state, local, and tribal law enforcement agencies to make communities safer. Enforcing federal gun laws is an effective strategy to do that.”
“ATF is committed to keeping illegal firearms and Narcotics off the streets of Tahlequah. Mr Willis, as a practicing attorney, knew these risks better than anyone. He will now know what it feels like to be on the other side of the law,” stated ATF Special Agent in Charge Jeffrey C. Boshek II.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. First Assistant United States Attorney Christopher Wilson represented the United States at the sentencing hearing.Syracuse-Area Brothers Plead Guilty to Conspiracy to Traffic in Contraband CigarettesRead the Press Release
SYRACUSE, NEW YORK – Jamal Hassan, age 42, of Liverpool, New York, and Saddam Hassan, age 39, of East Syracuse, New York, pled guilty yesterday to conspiracy to traffic in contraband cigarettes, announced United States Attorney Grant C. Jaquith. Jamal Hassan also pled guilty to one count of a money laundering conspiracy.
“Contraband cigarette dealers cheat state and local governments of tax revenue, and that lost revenue undercuts vital government programs,” said U.S. Attorney Grant C. Jaquith. “These illegal sales also put honest businesses at a disadvantage. Jamal and Saddam Hassan will now be held accountable for their efforts to line their pockets with unpaid taxes including forfeiture of $400,000.”
“Illicit cigarette smuggling is a highly profitable crime that steals from the taxpayer and funds other criminal activity," said Kevin Kelly, HSI Buffalo special agent in charge. “HSI, with our law enforcement partners, is committed to dismantling these criminal organizations that exploit our borders for profit.”
New York State Commissioner of Taxation and Finance Michael Schmidt said, “When individuals knowingly sidestep their tax obligation everyone suffers. These blatant acts rob the local community of funding for valuable public programs and services in addition to placing honest business owners at a massive disadvantage. We’ll continue to work with law enforcement, from the federal level on down to ensure those responsible are held accountable.”
As part of their guilty pleas, the Hassan brothers admitted that they conspired to possess, sell, distribute, and purchase contraband cigarettes. During searches at their residence and at a storage facility rented by Jamal Hassan and used by Saddam Hassan, law enforcement officers seized over 250,000 contraband cigarettes and over 760 counterfeit New York State tax stamps. The Hassan brothers admitted that they sold the contraband cigarettes to markets and delis in the Syracuse area. Jamal Hassan faces a maximum sentence of 20 years in prison, a fine of up to $500,000, and a term of 3 years of supervised release for his plea to conspiracy to commit money laundering. Jamal Hassan and Saddam Hassan face a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release for their plea to conspiracy to traffic in contraband cigarettes. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by Homeland Security Investigation Buffalo Field Office; Internal Revenue Service Criminal Investigation; New York Police Department Intelligence Bureau-Strategic Intelligence Unit; New York State Department of Taxation and Finance; Oswego County Drug Task Force; and the Syracuse Police Department, and is being prosecuted by Assistant U.S. Attorney Tamara B. Thomson.
Statement from Assistant Attorney General Beth A. Williams on the Senate’s Confirmation of 200 JudgesRead the Press Release
Assistant Attorney General Beth A. Williams issued the following statement today on the Senate’s confirmation of the 200th Article III judge under the Trump Administration. Earlier this week, Williams penned an op-ed noting that the administration’s judicial appointments have earned the American Bar Association’s “Well Qualified” rating at nearly the highest rate in five decades.
“The Department of Justice is pleased that today the Senate confirmed the 200th Article III judge since President Trump took office, including two Supreme Court justices, 53 Circuit Court judges, 143 District Court judges, and two Court of International Trade judges. These judges are among the most qualified in history and — in committing to rule faithfully and impartially, to follow the law and not personal preference — they embody the highest ideals of our legal system. We are proud of this historic milestone and grateful to these remarkable individuals for their willingness to serve our country, protect our Constitution, and uphold the rule of law. The Department looks forward to their years of future service, and to the continued confirmation of principled and well-qualified jurists to our nation’s courts.”
Seven Members and Associates of Elite Assassin Millas Gang Charged with Racketeering Conspiracy, Murder, Attempted Murders and Firearms OffensesRead the Press Release
Defendants Used GPS Tracking Device to Stalk and Target a Shooting Victim
An indictment was unsealed today in federal court in Brooklyn variously charging seven members and associates of the Elite Assassin Millas (“EAM”), a subset of the Bloods street gang, with racketeering conspiracy, murder in-aid-of racketeering, attempted murder in-aid-of racketeering, conspiracy to commit murder in-aid-of racketeering, assault in-aid-of racketeering, interstate stalking, accessory after-the-fact to attempted murder and assault and related firearms offenses. Five defendants were arrested last night and will make their initial appearance via videoconference this afternoon before United States Chief Magistrate Judge Cheryl L. Pollak. The two remaining defendants, who are in federal custody, will be arraigned at a later date.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the charges and arrests.
“Gang-related violence begets more violence, and we will not tolerate the violent crimes allegedly committed by these defendants in our communities,” stated United States Attorney Donoghue. “Thanks to the hard work of federal and local law enforcement officers, the defendants will now face prosecution for the charged crimes. The Eastern District will continue working tirelessly to dismantle and eradicate violent street gangs like EAM that have turned streets into lethal shooting galleries in the neighborhoods of East New York.”
“Members of the FBI New York Metro Safe Streets Task Force work long, hard hours diligently investigating gang members who hold no regard for life, and who let a twisted turf war over drugs dictate who dies and who lives. We are out every day, doing our best to protect communities being terrorized by violent gangs, and the FBI agents and NYPD detectives should be commended for their commitment,” stated FBI Assistant Director-in-Charge Sweeney.
“Everything the NYPD does is geared toward preventing crime and keeping people safe. This indictment represents the coordinated work our detectives and federal partners do together to arrest those accused of inflicting violence in our neighborhoods,” stated NYPD Commissioner Shea.
As detailed in the government’s detention letter filed earlier today, the EAM set of the Bloods street gang follows many of the rules and the hierarchical structure of other Bloods sets, earning money through drug-trafficking and fraud, and protecting their reputation through violent crimes and firearms offenses.
In recent years, Quandel Smothers has held EAM’s highest-ranking position of “Godfather.” On April 30, 2011, Smothers allegedly shot a fellow EAM member whom he believed intended to harm another member of the gang over a drug-related dispute. As a result of the shooting, the victim’s leg was amputated.
On March 25, 2015, another member of EAM was shot and killed in East New York, Brooklyn. Almost immediately, EAM members and associates sought to retaliate by locating and killing those they believed to be responsible. On April 21, 2015, Tyshawn Corbett allegedly shot and killed Michael Tenorio on McKinley Avenue in East New York. Surveillance video of the murder shows that Corbett chased Tenorio down the residential block while firing at him, then continued shooting the victim after he fell to the ground.
On March 7, 2016, Corbett shot an individual (identified as “John Doe #1” in the indictment) on Shepard Avenue in East New York. Surveillance video shows Corbett — who appears to have been lying in wait near a parked vehicle — run down the sidewalk and shoot John Doe #1 from close range. John Doe #1 survived that attempt on his life, but on June 28, 2018, Corbett again shot John Doe #1 as he sat in a car parked in Jamaica, Queens, paralyzing him. Corbett fled in a car driven by defendant Desmon Beckett. This shooting was the result of extensive efforts by Corbett and brothers Marlon and Devon Bristol to stalk and kill their victim, including the use of a GPS tracking device that law enforcement officers subsequently recovered from John Doe #1’s car.
In the spring of 2018, a feud developed between members of EAM and another individual (identified as “John Doe #2” in the indictment). Surveillance video from June 10, 2018, shows defendant Corbett and John Doe #2 in a fistfight. A short time later, the two shot at each other, but no one was hit. Law enforcement officers later recovered one of the firearms used in the shooting incident from a storage unit maintained by Corbett under a false name. The feud continued, and EAM members Qawon Allen and Andrew Campbell conspired with others to kill John Doe #2. On July 28, 2018, a member of EAM repeatedly shot John Doe #2 on Glenmore Avenue in East New York using a firearm provided by Allen. John Doe #2 was left paralyzed by the shooting.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted of murdering Tenorio, Corbett faces a mandatory sentence of life in prison, and is eligible for the death penalty. If convicted of the firearms offenses, Allen faces a mandatory minimum sentence of 15 years in prison and a maximum of life in prison, and Smothers, Marlon Bristol and Devon Bristol each face a mandatory minimum sentence of five years in prison and a maximum of life in prison. If convicted of the conspiracy to commit murder in-aid-of racketeering, Campbell faces up to 10 years in prison, and Beckett faces up to 10 years in prison if convicted as an accessory after-the-fact to the assault in-aid-of racketeering.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Margaret E. Gandy and Jonathan Siegel are in charge of the prosecution.
The Defendants:
TYSHAWN CORBETT (also known as “Reck”)
Age: 30
Brooklyn, New YorkQAWON ALLEN (also known as “40” and “Phorty Wap”)
Age: 26
Brooklyn, New YorkDESMONN BECKETT (also known as “Des”)
Age: 27
Brooklyn, New YorkDEVON BRISTOL (also known as “D”)
Age: 29
Brooklyn, New YorkMARLON BRISTOL (also known as “Marlo”)
Age: 32
Brooklyn, New YorkANDREW CAMPBELL (also known as “Phaze”)
Age: 24
Brooklyn, New YorkQUANDEL SMOTHERS (also known as “Chucky”)
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-213 (KAM)
Rochester Man Going to Prison for 21 Months for Attempting to Transfer Obscene Images to A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Anthony M. Girolamo, 43, of Rochester, NY, who was convicted of transferring obscene material to a person he believed to be a minor, was sentenced to serve 21 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney John J. Field, who handled the case, stated that Girolamo established a texting relationship with “Liz,” whom he believed to be a 14-year old minor female. In fact, “Liz” was an undercover law enforcement officer. During the course of their text exchanges, Girolamo told “Liz” that he wanted to have sex with her, and sent “Liz” images of adult females performing oral sex on adult males.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Robert Guyton.
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