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Friday 28 February 2020
Armed Drug Trafficker Sentenced to PrisonRead 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 Lorenzo Wade, 25, of Rochester, who previously pleaded guilty before United States District Judge Elizabeth A. Wolford to the felony charges of possession with intent to distribute a fentanyl analogue and felon in possession of a firearm and ammunition, was sentenced to serve a seven year prison term in the custody of the United States Bureau of Prisons. He also was sentenced to four years of supervised release.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that Wade, was arrested after law enforcement officers executed a search warrant at 155 McArdle Street, in the City of Rochester, on July 6, 2018. Officers arrested Wade inside the residence. While searching, officers found over 15 grams of a substance containing heroin, fentanyl and a fentanyl analogue, some of which was packaged for distribution. Officers also found a non-functioning Tec-9 semiautomatic pistol, which was loaded with 37 rounds of ammunition.
After arrest, Wade told officers he bought the handgun for $800. He said he knew the firearm did not function because he had tried it. He said he used the handgun as a prop in the music videos he made. Wade also admitted to selling drugs.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. 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.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito
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Anti Defamation League (ADL) Honors Team that Prosecuted James Fields Jr. with SHIELD Award at 10th Annual Ceremony in Washington, D.C.Read the Press Release
Roanoke, VIRGINIA – On Wednesday, February 26, the Anti Defamation League (ADL) honored a team of local, state, and federal law enforcement partners, who worked together to prosecute James Fields Jr., the white supremacist who was convicted of more than two-dozen hate crimes for a car attack in Charlottesville, Virginia in August 2017, with ADL SHIELD Awards during the group’s 10th Annual awards ceremony at the National Press Club in Washington, D.C.
Since 2010, the ADL annually recognizes law enforcement for significant contributions toward protecting the American people from hate crimes, extremism, and domestic or international terrorism.
Among the recipients of this year’s ADL SHIELD Award were the local, state, and federal agencies, and individuals, that investigated, prosecuted, and assisted in the prosecution, of James Fields, Jr. The ADL recognized contributions from the United States Attorney’s Office for the Western District of Virginia, the Department of Justice, Office of Civil Rights, the Federal Bureau of Investigation, the Virginia State Police, the Charlottesville City Police Department, the Albemarle County Police Department, the City of Charlottesville Commonwealth’s Attorney’s Office, and the University of Virginia Police Department.
“The awful events of August 12, 2017, including James Fields’ act of domestic terrorism, left an indelible mark on the local Charlottesville community, the Commonwealth of Virginia, and our country,” U.S. Attorney Thomas T. Cullen stated today. “Although we couldn’t bring Heather Heyer back or heal the permanent physical and psychological injuries suffered by dozens of others, we could seek meaningful justice for these victims, their families, and the community and send a clear message that hate-inspired acts of violence, murder, and terror will be met with the full and collective force of American law enforcement. I am very proud of our federal, state, and local partners and grateful to the ADL for recognizing their extraordinary achievements.”
On August 12, 2017, after attending the Unite the Right Rally in Charlottesville and returning to his vehicle, Fields drove his car onto Fourth Street, a narrow, downhill, one-way street in downtown Charlottesville. At or around that same time, a racially and ethnically diverse crowd had gathered at the bottom of the hill, at the intersection of Fourth and Water Streets. Many of the individuals in the crowd were celebrating as they were chanting and carrying signs promoting equality and protesting against racial and other forms of discrimination. Fields slowly proceeded in his vehicle down Fourth Street toward the crowd. He then stopped and observed the crowd while idling in his vehicle. With no vehicle behind him, Fields then slowly reversed his vehicle toward the top of the hill.
The members of the crowd began to walk up the hill, populating the streets and sidewalks between the buildings on Fourth Street. Having reversed his car to a point at or near the top of the hill and the intersection of Fourth and Market Streets, Fields stopped again. Fields admitted that he then rapidly accelerated forward down Fourth Street in his vehicle, running through a stop sign and across a raised pedestrian mall, and drove directly into the crowd. Fields’s vehicle stopped only when it struck another stopped vehicle near the intersection of Fourth and Water Streets. Fields then rapidly reversed his car and fled the scene. As Fields drove into and through the crowd, Fields struck numerous individuals, killing Heather Heyer and injuring at least 28 others.
As the ADL recognized, local, state, and federal investigators undertook a massive coordinated investigation in the aftermath of Fields’ act of domestic terrorism. Investigators collected and reviewed over 5,000 hours of video footage related to the Unite the Right Rally, interviewed hundreds of witnesses and victims, and completed an exhaustive review of Fields’ background and social-media profile to develop evidence of his racial and anti-Semitic motivations. As a result of these extraordinary efforts, Fields was convicted of 29 federal hate crimes, as well as first-degree murder in state court, and is currently serving multiple life sentences.
Thursday 27 February 2020
West Saint Paul Man Pleads Guilty to Armed Robberies of Several Twin Cities Restaurants and Gas StationsRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of DELFONZO DENELL WALLACE, 30, to eight counts of interference with commerce by robbery, known as the Hobbs Act. The Hobbs Act prohibits actual or attempted robbery affecting interstate or foreign commerce “in any way or degree.” WALLACE, who was charged by an Information on February 20, 2020, entered his guilty plea today before Senior U.S. District Judge Ann Montgomery in U.S. District Court in Minneapolis, Minnesota.
According to the defendant’s guilty plea and documents filed in court, between June 14, 2019, and October 10, 2019, WALLACE, while armed with a dangerous weapon, robbed, in violation of the Hobbs Act, eight separate Twin Cities businesses that were engaged in interstate commerce, including Starbucks, Speedway, Wendy’s, Shuang Hur Supermarket, McDonald’s, and Spitz restaurant. During the robberies, WALLACE used actual and threatened force, violence, and fear of injury against victim employees to steal over $15,000 cash belonging to the businesses and employees. As part of the defendant’s guilty plea and documents filed in court, WALLACE agreed, under the Mandatory Victim Restitution Act, to make restitution to these businesses, as well as to three other business that were robbed between April and September 2019.
This case is the result of an investigation conducted by the Federal Bureau of Investigation (FBI), the Minneapolis Police Department, the St. Paul Police Department, and other local police departments.
Assistant United States Attorney Benjamin Bejar is prosecuting the case.
Defendant Information:
DELFONZO DENELL WALLACE, 30
West St. Paul, Minn.
Convicted:
- Interference with commerce by robbery (Hobbs Act), 8 counts
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West County Doctor Sentenced to 24 Months in Prison for Making a False Claim to MedicareRead the Press Release
St. Louis, MO – Dr. Brij R. Vaid, M.D., 58, of Ladue, MO, was sentenced today to 24 months of imprisonment and order to pay restitution of $176,912.86 to the Medicare and Missouri Medicaid programs. Dr. Vaid previously pleaded guilty on October 29, 2019, to making a false claim to Medicare. Dr. Vaid’s co-defendant in this case was Nurse Practitioner Donna Waldo. Waldo was sentenced on February 10, 2020, to four years probation, a $4000 fine, and $48,669 as restitution to Medicaid. The Honorable Audrey G. Fleissig imposed the sentence today.
According to court documents, Dr. Vaid was a medical doctor who operated St. Louis Internal Medicine (SLIM), where he saw patients at his medical office in St. Louis County, Missouri. Waldo was a nurse practitioner and advanced practice registered nurse. Waldo worked under the supervision of Dr. Vaid at SLIM.
As alleged in the Superseding Indictment, Dr. Vaid had a large number of patients who received Schedule II controlled substance prescriptions typically every 30 days, including opioid pain relief drugs such as Oxycodone® and Hydrocodone and anti-anxiety drugs such as Xanax®. Dr. Vaid was the only person at his office who had the credentials to legally prescribe these pain management and anti-anxiety drugs.
Dr. Vaid traveled frequently, including trips to New Jersey and India. Given the number of patients needing drugs and his own scheduling challenges, Dr. Vaid often signed numerous prescriptions for controlled substances in advance of patients' visits -- before patients had even visited the office or had an examination. Dr. Vaid instructed his staff, including Waldo, to provide these pre-signed prescriptions for controlled substances to patients later, while he was absent from the office. After patients visited his office, Dr. Vaid and Waldo caused claims for reimbursement to be presented to Medicare and Medicaid in which they represented that Dr. Vaid had met face-to-face with the patients and engaged in complex medical decision-making during the office visits.
In his plea agreement, Dr. Vaid admitted that on February 23, 2015, he was out of the country in India. Waldo saw patient B.T. Dr. Vaid knew that Ms. Waldo would be seeing patient B.T. while Dr. Vaid was in out of town. Dr. Vaid caused the presentation of a false claim to Medicare related to the February 23, 2015, office visit. This claim, submitted under CPT code 99214 to Medicare, falsely stated that Dr. Vaid had provided a face-to-face office visit with patient B.T. when he was really out of town. Before imposing the sentence, U.S. District Judge Audrey G. Fleissig ruled that Dr. Vaid’s conduct created a reckless risk of bodily injury to his patients, given the powerful prescription opioid drugs that he repeatedly provided to patients.
In his plea agreement, Dr. Vaid further admitted that he violated the terms of his probation agreement with the Missouri Board of Registration for the Healing Arts when committing this offense.
“The Missouri Attorney General’s Medicaid Fraud Control Unit works tirelessly every day to root out, investigate, and aggressively prosecute instances of healthcare fraud in Missouri. Working with our federal partners, including the U.S. Attorney’s Office, is a crucial component of that effort, and this case is a great example of how state and federal partnerships can lead to great results" said Eric Schmitt, the Attorney General of Missouri.
“Dr. Vaid threatened the health and lives of his patients by prescribing powerful drugs, including opioids, without even a simple examination,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Together with our State and Federal law enforcement partners, we will guard taxpayer-funded government healthcare programs and those dependent on their services.”
This case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services, the Drug Enforcement Administration, the Medicaid Fraud Control Unit of the Missouri Attorney General’s Office, and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service, with critical assistance from the U.S. Customs and Border Protection, U.S. Department of Homeland Security and the Missouri Department of Health and Senior Services, Bureau of Narcotic and Dangerous Drugs.
Union County Man Arrested for Mortgage Fraud and Defrauding the Orange Public LibraryRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was arrested today by federal agents on charges of mortgage fraud and scheming to defraud the Orange Public Library, U.S. Attorney Craig Carpenito announced.
Shenandoah Adams Sr., a/k/a “Shane Adams Sr.,” 54, of New Providence, New Jersey, is charged by indictment with six counts of wire fraud and two counts of making false statements in connection with a mortgage loan. He is scheduled to appear this afternoon before U.S. Magistrate Judge Leda Dunn Wettre in Newark federal court.
According to the indictment:
Adams was a principal of Adams Property Management and Investment Group Limited Liability Company (Adams Property Management), which purchased property on Hilton Street in East Orange, New Jersey, in 2014. The following year, Adams arranged for a close associate (Individual 1) to obtain a $153,562 loan from a mortgage lender to purchase the Hilton Street property from Adams Property Management. Adams knew that Individual 1 did not have the money to pay the balance of the purchase price of $225,000. At the closing on March 25, 2015, Adams directed Individual 1 to issue a fraudulent check in the amount of $90,280.47 (the balance of the purchase price) to give the false impression that Individual 1 had paid the closing balance. Adams reassured Individual 1 that Adams would not negotiate the check. Adams signed a settlement statement, falsely certifying that Individual 1 paid the closing balance and that the settlement statement was a true and accurate statement of all receipts and disbursements made in connection with the sale of the Hilton Street property, when Adams knew that Individual 1’s check was fraudulent. Adams used Individual 1’s loan proceeds to pay off Adams Property Management’s $100,000 mortgage loan to purchase the Hilton Street Property and to obtain a $26,335.30 check for Adams Property Management.
Although Adams reassured Individual 1 that Adams would fund Individual 1’s mortgage payments, by May 2016 Individual 1’s mortgage payments on the Hilton Street property were substantially in arrears. Adams arranged for Individual 1 to sell the property to another associate for a price of $255,000. The closing on that sale commenced on May 31, 2016; the total amount to pay off Individual 1’s mortgage was $210,565.34. On June 1, 2016, Adams and Individual 1 had a telephone conversation with an out-of-state representative of the mortgage servicer for Individual 1’s lender, during which Adams made false and fraudulent statements to induce the lender to reduce the payoff amount. The lender agreed to reduce Individual 1’s payoff amount to $190,000. At Adams’s direction, Individual 1 cashed the check for the amount of the reduction, $20,665.34, and delivered the cash proceeds to Adams.
Adams also was a principal of VH Electrical and Plumbing Limited Liability Company (VH). On March 11, 2015, Adams, on behalf of VH, entered into a contract with the Orange Public Library to replace the library’s HVAC/Chiller unit for a price of $49,000. The project was funded by a U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant to the library and Orange.
Before getting the contract with the library, Adams sent the library’s executive director, Timur Davis, two fake quotes purportedly from two vendors to give the false impression that VH would replace the library’s chiller for less than those other vendors. After VH had been hired, Adams sent Davis records to give the false impression that Adams was taking steps to order a replacement chiller. Adams received $40,000 from the library, but did not replace the chiller. Davis pleaded guilty on Feb.13, 2020 to making false statements to HUD in connection with the project.
The charges of wire fraud carry a maximum potential penalty of 20 years in prison and a maximum $250,000 fine. The charges of making false statements in connection with a mortgage application carries a maximum potential penalty of 30 years in prison and a maximum potential fine of $1 million.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, with the investigation leading to today’s arrest.
The government is represented by Assistant U.S. Attorneys J Imbert and Cari Fais of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: TBD
U.S. Attorney Announces Women in Leadership Initiative, Appoints New First Assistant U.S. Attorney for UtahRead the Press Release
SALT LAKE CITY– United States Attorney John W. Huber announced today the creation of Utah Women in Leadership (UWIL), an inter-agency initiative designed to bring together employees of the U.S. Attorney’s Office, the Federal Public Defender’s Office, U.S. District Court, the U.S. Probation Office, the U.S. Marshals Service, and other federal agencies and civil practitioners to foster professional development and association.
UWIL will offer quarterly presentations by speakers and panels on a variety of topics, including mentor/mentee relationships, leadership and courage, the art of a balanced life, effective communication, bias/diversity/inclusion, leading out/leaning in, and being the only woman in the room. In addition, UWIL is committed to community service and outreach to younger women who have an interest in federal public service work.
Elizabeth Kronk Warner, Dean of the University of Utah’s S.J. Quinney College of Law, and the first woman and first Native American to hold that title, was the inaugural speaker for UWIL. She spoke on Thursday at the U.S. Attorney’s Office about the experiences that have defined her professionally and personally.
Future speakers for UWIL will include community and business leaders, educators, professional coaches, and athletes, among others.
While the U.S. Attorney’s Office is taking a leadership role in organizing the group, which will be chaired by Jennifer E. Gully, an Assistant U.S. Attorney. A steering committee comprised of representatives from other federal agencies and partners will lead the group.
Steering Committee members for 2020-2021 include Melina Shiraldi, Assistant U.S. Attorney; Daphne Oberg, Assistant Public Defender; Anne Morgan, Chief Deputy Clerk, U.S. District Court; Kathryn Kerkhoff, Special Agent, Department of Transportation, Office of the Inspector General; Carissa Spencer, Special Agent, Housing and Urban Development, Office of the Inspector General; and Elizabeth Schulte, Department of the Interior, Office of the Solicitor.
Huber used Thursday’s inaugural meeting to announce the appointment of a new First Assistant U.S. Attorney for Utah. Andrea Martinez, currently the Deputy Section Chief of Violent Crimes, will become the second in command in the U.S. Attorney’s Office. Her predecessor, Jared Bennett, will begin service as a federal magistrate judge in May.
Ms. Martinez has served in a number of key positions during her 10 years in the office, including Senior Litigation Counsel, Project Safe Childhood Coordinator, and the Violence Against Women Act Coordinator. She has also served as the office’s Diversity Chairperson for more than six years. Prior to joining the U.S. Attorney’s Office in 2010, she was a state court prosecutor for more than eight years.
“Andrea’s demeanor is one of calm confidence and professionalism. She is approachable to all, and impeccably trustworthy. Although strong and certainly one who can hold to a worthy position, she is also humble and willing to see another’s perspective. In her supervisory capacity, she has gained experience in fostering success in others. She has numerous skills that will make her an excellent First Assistant U.S. Attorney in our office,” U.S. Attorney John W. Huber said.
Trucker sentenced for hauling 300 kilograms of marijuana disguised inside clear wrapping paperRead the Press Release
LAREDO, Texas – A 49-year-old Carrizo Springs resident has been ordered to federal prison following his conviction for conspiring to possess with the intent to distribute more than 300 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.
Vicente Guajardo-Cantu pleaded guilty Nov. 4, 2019.
Today, U.S. District Judge Marina Garcia Marmolejo sentenced Guajardo-Cantu to serve a 60-month term of imprisonment to be immediately followed by four years of supervised release.
Guajardo-Cantu worked as a truck driver with a North Dakota commercial driver’s license. On Sep. 16, 2017, he arrived at the U.S. Highway 83 checkpoint driving his tractor-trailer. During an initial inspection, a K-9 alerted to the trailer he was hauling. There, authorities ultimately found 28 cellophane bundles of marijuana hidden inside the trailer.
Further investigation also revealed he presented a fraudulent bill of landing during the primary inspection.
The drugs weighed a total of 312 kilograms (688 pounds) with a street value of approximately $200,000.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Border Patrol conducted the investigation. Assistant U.S. Attorney Francisco J. Rodriguez prosecuted the case.
Three Men Plead Guilty to Drug Federal CrimesRead the Press Release
HUNTINGTON, W.Va. – Three men pled guilty to federal drug crimes before United States District Judge Robert C. Chambers in Huntington, announced United States Attorney Mike Stuart.
“Three more out-of-state drug dealers that were peddling deadly poisons in Huntington stand convicted of their crimes,” said United States Attorney Mike Stuart. “We’re making great progress in Huntington because of partnerships, collaboration, and a focus on tough prosecution.”
Demaurea Davis, 23, of Akron, Ohio, pled guilty to possession with intent to distribute fentanyl. Davis admitted that while serving a state sentence of home confinement, he possessed approximately 40 grams of heroin and fentanyl in his residence. On January 29, 2018, officers searched his residence and located approximately 40 grams of heroin and fentanyl. Davis admitted that he intended to sell the heroin and fentanyl. Davis faces up to twenty years in prison when sentenced on June 8, 2020.
Rudolph Jackson, 42, also of Akron, pled guilty to a five count indictment which charged him with selling heroin and aiding and abetting the possession with intent to distribute methamphetamine and heroin. Jackson admitted that on four separate occasions he sold heroin to a confidential informant in Huntington. Jackson also admitted that on August 22, 2019, officers with the Huntington Police Department executed a search warrant at 702 Washington Avenue, Apartment 7 in Huntington. Officers found distribution quantities of methamphetamine and heroin inside the apartment. Jackson admitted he intended to aid other individuals in selling the methamphetamine and heroin. Jackson faces up to twenty years in prison when sentenced on June 1, 2020.
Alonzo Wayne Clay, Jr., 31, of Austin, Texas pled guilty to possession with intent to distribute crack cocaine. Clay admitted that on September 18, 2019, he fled from officers in his vehicle. Once he stopped his vehicle, officers found approximately 25 grams of crack cocaine and 1,000 ecstasy pills in his vehicle. He admitted he intended to sell the crack cocaine and the ecstasy pills. Clay faces up to twenty years in prison when sentenced on June 8, 2020.
The Huntington Police Department conducted the investigations. Assistant United States Attorney Stephanie Taylor is handling the prosecutions.
The Davis and Jackson cases are being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Follow us on Twitter: SDWVNews and USAttyStuart
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Suburban Man Sentenced to More Than 12 Years in Prison for Amassing Child Pornography CollectionRead the Press Release
CHICAGO — A suburban man has been sentenced to more than a dozen years in federal prison for amassing a collection of nearly 200,000 images and videos of child pornography.
JONATHAN STEPHENS, 50, of Forest Park, used a computer to access file-sharing software and download child pornography. Over a period of at least four years, Stephens amassed a collection of approximately 194,000 sexually explicit images and videos that he stored on computers and external hard drives in his home and which he allowed other users to access and download. Many of the minors in the images and videos were under the age of 12 and forced to engage in sadistic and masochistic conduct.
Stephens pleaded guilty in 2018 to one count of transportation of child pornography. U.S. District Judge Ronald A. Guzman on Wednesday sentenced Stephens to 12 years and seven months in prison, to be followed by nine years of supervised release. Judge Guzman also ordered Stephens to pay $187,500 in restitution to the known child victims.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI. The case was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, specifically members from the Cook County Sheriff’s Office and Cook County State Attorney’s Investigations Bureau, as well as the Forest Park Police Department.
“The defendant’s victims are numerous,” Assistant U.S. Attorney Jeannice W. Appenteng argued in the government’s sentencing memorandum. “Each child depicted in the images and videos went through a horrible experience and continues to relive that suffering and endure new suffering because of the defendant’s actions.”
The government was represented in the case by Ms. Appenteng and Assistant U.S. Attorney Jared C. Jodrey.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to www.missingkids.com/home or by calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
Straw Purchaser Convicted for Role in Firearms TraffickingRead the Press Release
RICHMOND, Va. – A federal jury convicted a Chester man yesterday on charges related to his straw purchase of six firearms.
According to court records and evidence presented at trial, Brandon Andrea Powell, 41, purchased six firearms at three federally licensed firearms dealers in the Richmond area during August and September 2015. When purchasing the firearms, Powell falsely stated that he was the actual purchaser of the firearms, when in fact, he was straw purchasing them for an individual named Trenton Pointer. Pointer provided the guns to Abdul Shashid Davis, who in turn, sold them to an undercover New York City Police Detective.
Powell was convicted of making a false statement to acquire a firearm. He faces a maximum penalty of 40 years in prison at sentencing. 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.
Pointer and Davis were charged, convicted, and sentenced in New York State for their role in this scheme.
Nine other federal defendants have been sentenced for making false statements in connection with this scheme:
Name, Age
Hometown
Felony Conviction
Sentence
Cherie Elanda Wyatt, 42
Richmond
False Statement to Acquire Firearm
1 year of probation
Kevin Edward Wilson, 29
Powhatan
False Statement to Acquire Firearm
2 years of probation, 180 days of home detention
Denise Michelle Sinkford, 41
Richmond
False Statement to Acquire Firearm
2 years of probation, 180 days of home detention
Shanta Teisha Brown, 29
Richmond
False Statement to Acquire Firearm
2 years of probation, 60 days of home detention
Evelyn Jean Collins-Chandler, 54
Richmond
Conspiracy to Make False Statements to Acquire Firearm
2 years of probation, 60 days of home detention
Ebony Danielle Clarke, 34
Richmond
False Statement to Acquire Firearm
3 years of probation, 210 days of home detention
Jeremy Durand Lewis, 35
Chesterfield County
False Statement to Acquire Firearm
2 1/2 years in prison
Yolanda Lisa Stone, 47
Richmond
False Statement to Acquire Firearm
2 years of probation, 7 months of home detention
Jeffrey Quinton Toole, 56
Richmond
False Statement to Acquire Firearm
13 months in prison
This case is 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. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after U.S. District Judge David J. Novak accepted the verdict. Assistant U.S. Attorney Michael C. Moore is prosecuting the case.
Special assistance in this investigation and prosecution was provided by the New York City Police Department and the New York County District Attorney’s Office.
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 Nos. 3:18-cr-37, 56, 77, 86, 110, 120, 138, 154, and 3:19-cr-13.
Stevens Point Man Sentenced to 18 Years for Producing Child PornographyRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Nicholas Kvatek, 41, Steven Point, Wisconsin, was sentenced today by U.S. District Judge William M. Conley to 18 years in federal prison for producing child pornography. This term of imprisonment is to be followed by 25 years of supervised release. Kvatek pleaded guilty to this charge on November 26, 2019.
Following the execution of a search warrant at Kvatek’s home, law enforcement officers found two videos of Kvatek sexually assaulting a then 14-year-old girl. In addition to the two videos produced by Kvatek which were the subject of his guilty plea, officers also found numerous images of prepubescent and toddler girls being sexually assaulted. Kvatek did not appear in these images.
In sentencing the defendant, Judge Conley was concerned about the fact that Kvatek had a lengthy criminal history that seemed to be escalating. Judge Conley also expressed concerns about the defendant’s history of drug use and was concerned the defendant did not understand the seriousness of his actions.
The charge against Kvatek was the result of an investigation conducted by Stevens Point Police Department and the Portage County Sheriff’s Office. The prosecution of the case has been handled by Assistant U.S. Attorney Elizabeth Altman.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat child sexual exploitation and abuse. 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.
Statement of U.S. Attorney William M. McSwain Regarding Proposed Drug Injection Site in South PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain released the following statement regarding the proposed drug injection site in South Philadelphia today:
Yesterday morning, Safehouse announced during a press conference that it intends to open a heroin injection site in South Philadelphia next week – although it did not specify the precise location or the precise date, in keeping with Safehouse’s consistent lack of transparency in dealing with the community. By contrast, I wanted to update the community on the efforts of the U.S. Attorney’s Office to prevent this proposed site from opening. First, yesterday afternoon, my Office filed its official Notice of Appeal with the U.S. District Court, which begins the process of the U.S. Court of Appeals for the Third Circuit’s review of the District Court’s decision. Second, my Office will be filing a motion today for the District Court to stay its final order during the pendency of the appeal.
This request for a stay is critically important. My Office filed suit against Safehouse in the first place to bring order, reason and fairness to a potentially explosive situation. The current dispute over injection sites should be settled in the courts, not in the streets. But, that court process is not over, and I believe that a stay is appropriate so that the dispute will continue to be resolved via careful, reasoned analysis and not deteriorate into a literal street fight. Here, a stay would preserve the status quo while the Third Circuit examines the legality of the proposed site, and would prevent the chaos that would occur should Safehouse lurch forward with an opening while the case is still ongoing.
This unnecessary chaos was on full display at Safehouse’s press conference yesterday morning. That press conference was a dumpster fire.
The press conference featured, among other things, understandably angry South Philadelphia residents yelling at former Governor Rendell, calling him unworthy of the title of Governor and berating him as a “sneak” for hiding his intention to locate the first injection site in South Philadelphia, as well as a sitting City Councilman (Mark Squilla) screaming at Safehouse’s founders that their proposal was “horrible and a disgrace” and “not a part of democracy” because he and his constituents had never been informed about Safehouse’s plans.
It also featured plenty of logical inconsistency: Governor Rendell, for example, claimed that an injection site in Philadelphia would have saved the life of his friend’s son (who tragically overdosed in his parents’ home) on the assumption that this young man would have traveled from the suburbs to the site to inject. Immediately contradicting this, Safehouse co-founder Ronda Goldfein, in response to angry questions from South Philadelphia residents who fear that the site would draw addicts to their neighborhood, adamantly insisted that “nobody” from outside the South Philadelphia neighborhood would use the site. Goldfein quickly became irritated with the residents’ legitimate questions; things got so bad that she threw in the towel and deferred any questions to an imaginary, future community meeting to be held at an unnamed time and place.
The sad fact is that Safehouse’s secretive, haphazard “plan” has not been vetted with any of the affected neighborhood residents, community groups, City Council members, State Representatives or State Senators. It is being unfairly foisted on them on the assumption that they don’t matter. It is treating them like fools.
The residents of Philadelphia deserve better than this. And my Office will continue to fight for it – and for them.
Statement of U.S. Attorney Kennedy Regarding the Cayuga Nation of Indians Dispute in Seneca County, NYRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051The United States Attorney’s Office for the Western District of New York shares the public's concerns regarding the impact that this internal dispute within the Cayuga Nation of Indians has on the public safety of all members of our community. My Office, together with the Department of Justice—Office of Tribal Justice (DOJ-OTJ), and other DOJ components, is collecting information regarding the pre-dawn events of February 22, 2020, and assessing whether any violations of applicable law occurred. We are engaged in ongoing discussions with Department of Interior, Bureau of Indian Affairs (BIA), regarding both the circumstances giving rise to the incident, the incident itself, and potential responses. In addition, we have requested the assistance of both BIA as well as DOJ's Community Relations Service (CRS) in the dispute. Across the Department of Justice, our paramount objective is the preservation of public safety. We will continue to work with our federal, state, and local partners in pursuit of that goal, as we do all that we can to ensure that all involved exhibit respect not only for applicable law—but for one another as well.
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St. Louis County Business Owner Pleads Guilty to Failing to Pay over Employee Withholding Taxes and Failing to File Personal Tax ReturnsRead the Press Release
St. Louis, MO – Craig Gustafson, 45, of Grover, MO, pled guilty to twenty counts of failing to remit employee withholding taxes to the Internal Revenue Service, and four counts of failing to file personal income tax returns. Gustafson appeared today before U.S. District Judge Rodney Sippel who accepted his plea and set sentencing for June 5, 2020.
According to the plea agreement, Gustafson owned and operated Consumers Periodical Service of Missouri, Inc., a magazine subscription business in St. Louis County, Missouri. From 2013 through 2017, Gustafson withheld quarterly federal income and social security taxes from his employees, but failed to remit those taxes to the Internal Revenue Service as required. Gustafson issued annual W-2 forms to his employees which reflected the withheld taxes in order to lull those employees into believing that their withheld taxes had been properly remitted to the Internal Revenue Service. Further, for the tax years 2013 through 2016, Gustafson failed to file his own annual personal income tax forms and failed to pay personal income taxes owed to the Internal Revenue Service. During that period, Gustafson earned at least $670,400 from his company, and the tax loss to the United States from his failure to file tax forms and pay over required taxes was $131,296.
“Employers have a responsibility to their employees to withhold the proper amount of taxes and pay those taxes over to the IRS,” said IRS Criminal Investigation Special Agent in Charge Karl Stiften. “When employers fail to do so, it results in a loss of revenue to the United States government, but more importantly, it could affect their employees’ Medicare and Social Security benefits.”
The failure to remit employee withholding taxes charges each carry a maximum possible penalty of five years imprisonment, a fine of $10,000 or both imprisonment and a fine. The failure to file annual tax forms charges each carry a maximum possible penalty of one year imprisonment, a fine of $25,000, or both imprisonment and a fine. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Lindsay McClure-Hartman is handling the case for the United States Attorney’s Office.
Springfield Man Sentenced to 10 Years for Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man has been sentenced in federal court for illegally possessing a firearm.
Dionysus Azeria Hale, 40, was sentenced by U.S. District Judge Brian C. Wimes on Monday, Feb. 24, to 10 years in federal prison without parole, which is the statutory maximum for this offense.
On Aug. 14, 2019, Hale pleaded guilty to being a felon in possession of a firearm.
According to court documents, Springfield police officers executed a search warrant at Hale’s residence on Feb. 20, 2019, as part of an investigation into the distribution of heroin and/or fentanyl. In Hale’s front right pocket were two zipper pouches that contained a total of $3,264. Officers found a loaded Glock .40-caliber semi-automatic pistol with an extended capacity magazine in the bedroom. Hale’s sentence reflects the court’s ruling that Hale used or possessed the firearm in connection with a drug-trafficking offense.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. In 2001, Hale was convicted of possession of a controlled substance in two separate cases and was given a suspended two-year sentence, but his probation was revoked due to incurring numerous violations. In 2002, Hale was convicted of possession with the intent to distribute and possession of a controlled substance and had his parole revoked numerous times for various violations. While on parole, Hale committed and was convicted of possession with intent to distribute a controlled substance, and once again had his probation and parole revoked due to numerous violations.
While on supervision for possession with intent to distribute a controlled substance, Hale committed and was convicted of being a felon in possession of a firearm. Hale was sentenced to 80 months in federal prison and released on Jan. 6, 2017. Upon being placed on supervised release, he incurred violations that led to a revocation of his supervised release and received a seven-month sentence and a new two-year term of supervised release. While on his new term of supervised release, he committed this offense of being a felon in possession of a firearm.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Springfield, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.South Carolina man sentenced to 30 years in prison for the kidnapping and sexual assault of an Alabama womanRead the Press Release
Anthony Ingram, 32, was sentenced today for kidnapping and sexually assaulting an Alabama woman. United States District Judge Sara Lioi sentenced Ingram to 30 years in prison followed by five years of supervised release. A jury previously convicted Ingram after a week-long trial in October.
According to court records and evidence presented at trial:
Ingram worked for a cross-country trucking company. On August 10, 2018, Ingram, while in Michigan, offered to transport an Alabama woman to Indiana so she could retrieve her vehicle. Unbeknownst to the woman, Ingram had no intention of taking her to Indiana. Instead, Ingram drove the woman into Ohio and repeatedly ignored her pleas to be released from the truck. Hours later, Ingram pulled the truck over on the Ohio Highway near Hudson, Ohio, where he forced the woman into the rear of the cab, struck her in the face, threatened her with a weapon and sexually assaulted her. After the attack, Ingram continued driving into Pennsylvania. Ingram stopped at a rest stop along the Pennsylvania highway, at which time the woman was able to escape and call for help. Ingram fled and was arrested hours later in Pennsylvania.
The Federal Bureau of Investigation and the Ohio State Highway Patrol investigated the case, with assistance from the Beaver Township Police Department, Pennsylvania State Police, and the Summit County Prosecutor’s Office. The case was prosecuted by Assistant U.S. Attorneys Peter Daly and Aaron Howell.
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Six Indicted on Federal Drug Charges in DanvilleRead the Press Release
Danville, VIRGINIA – In an indictment returned under seal earlier this month and unsealed recently following the defendants’ recent arrests, a federal grand jury sitting in U.S. District Court in Roanoke has charged six Danville-area residents with conspiring to distribute and possess with the intent to distribute methamphetamine. United States Attorney Thomas T. Cullen and Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms, and Explosives [ATF] Washington Field Division announced the indicted today.
Charged in the indictment are Darrell William Murdock, 33, of Danville, Va., Steven Ray Dove, 41, of Danville, Va., Bendi Annette Davis, 47, of Ringgold, Va., Steven Wayne Flynn, 41, of Orange, Va., Lianna Nicole Parker, 30, of Lynchburg, VA, and Misty Nicole Kiley, of Danville, Va.
The grand jury charged all six defendants with one count of conspiracy to distribute and possess with the intent to distribute methamphetamine. In addition, Murdock is charged with two counts of distribution of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking crime. Davis is charged with two counts of distribution of cocaine and one count of distribution of methamphetamine. Dove is charged with two counts of distribution of methamphetamine, one count of distribution and possession with the intent to distribute methamphetamine, and one count of illegal possession of a firearm by a previously convicted felon. Flynn is charged with one count of illegal possession of a firearm by a previously convicted felon and one count of possession of a firearm in furtherance of a drug trafficking crime.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Danville Police Department. Assistant United States Attorney Rachel Swartz is prosecuting the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Researcher at University Arrested for Wire Fraud and Making False Statements About Affiliation with a Chinese UniversityRead the Press Release
UPDATE
The defendant in this case, Anming Hu, was acquitted by the court of the charges alleged in the indictment described in the press release below.
Anming Hu, a an Associate Professor in the Department of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK) was arrested today on a federal indictment and charged with three counts of wire fraud and three counts of making false statements.
“Hu allegedly committed fraud by hiding his relationship with a Chinese university while receiving funding from NASA,” said Assistant Attorney General for National Security John C. Demers. “This is just the latest case involving professors or researchers concealing their affiliations with China from their American employers and the U.S. government. We will not tolerate it.”
“The United States Attorney’s Office takes seriously fraudulent conduct that is devised to undermine federally-mandated funding restrictions related to China and Chinese universities,” said U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee. “The University of Tennessee has cooperated with the investigation, and the U.S. Attorney’s Office values the university’s assistance in this matter.”
The indictment alleges that beginning in 2016, Hu engaged in a scheme to defraud the National Aeronautics and Space Administration (NASA) by concealing his affiliation with Beijing University of Technology (BJUT), a university in China. Federal law prohibits NASA from using appropriated funds on projects in collaboration with China or Chinese universities. As alleged in the indictment, Hu’s false representations and omissions to UTK about his affiliation with BJUT caused UTK to falsely certify to NASA that UTK was in compliance with this federal law.
If convicted, Hu faces up to 20 years in federal prison and a fine up to $250,000 on each of the wire fraud counts, and up to five years in prison on each of the false statement counts.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge. In all cases, defendants are presumed innocent until and unless proven guilty; indictments merely contain allegations supported by probable cause.
The case is being investigated by the FBI, the Offices of the Inspectors General for NASA and the Department of Energy. The case is being prosecuted by Assistant U.S. Attorneys Casey Arrowood and Frank Dale of the Eastern District of Tennessee, and Trial Attorney Nathan Charles of the National Security Division’s Counterintelligence and Export Control Section.
Researcher at University of Tennessee Arrested for Wire Fraud and Making False Statements About Affiliation with A Chinese UniversityRead the Press Release
Knoxville, Tenn. – U.S. Attorney J. Douglas Overbey and FBI Special-Agent-in-Charge Joseph E. Carrico announced today the arrest of a researcher at the University of Tennessee, Knoxville (UTK), following the return of a federal grand jury’s indictment. Anming Hu, 51, an Associate Professor in the Department of Mechanical, Aerospace and Biomedical Engineering at UTK, is charged with three counts of wire fraud and three counts of making false statements.
The indictment alleges that beginning in 2016, Hu engaged in a scheme to defraud the National Aeronautics and Space Administration (NASA) by concealing his affiliation with Beijing University of Technology (BJUT) in China. Federal law prohibits NASA from using federally appropriated funds on projects in collaboration with China or Chinese universities. As alleged in the indictment, Hu’s false representations and omissions to UTK about his affiliation with BJUT caused UTK to falsely certify to NASA that UTK was in compliance with federal law.
“The United States Attorney’s Office takes seriously fraudulent conduct that is devised to undermine federally-mandated funding restrictions related to China and Chinese universities,” said U.S. Attorney J. Douglas Overbey for the Eastern District of Tennessee. “The University of Tennessee has cooperated with the investigation, and the U.S. Attorney’s Office values the university’s assistance in this matter.”
“Hu allegedly committed fraud by hiding his relationship with a Chinese university while receiving funding from NASA,” said Assistant Attorney General for National Security John C. Demers. “This is just the latest case involving professors or researchers concealing their affiliations with China from their American employers and the U.S. government. We will not tolerate it.”
“The FBI and its federal government, private-sector, and academic partners will continue to investigate and collaborate to counter these efforts at concealment, wherever they occur,” said FBI Special-Agent-in-Charge Joseph E. Carrico.
If convicted, Hu faces up to 20 years in federal prison and a fine up to $250,000 on each of the wire fraud counts, and up to five years in prison on each of the false statement counts.
The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the assigned judge. In all cases, defendants are presumed innocent until and unless proven guilty; indictments merely contain allegations supported by probable cause.
The case is being investigated by the Federal Bureau of Investigation, the Offices of the Inspectors General for NASA and the Department of Energy, and the Department of Homeland Security-Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorneys Casey Arrowood and Frank Dale of the U.S. Attorney’s Office for the Eastern District of Tennessee, and Trial Attorney Nathan Charles of the Department of Justice’s National Security Division’s Counterintelligence and Export Control Section.
This case is part of the Department of Justice’s China Initiative, which reflects the strategic priority of countering national security threats and reinforces the President’s overall national security strategy. In addition to identifying and prosecuting those engaged in trade secret theft, hacking and economic espionage, the initiative will increase efforts to protect our critical infrastructure against external threats including direct foreign investment, supply chain threats and the foreign agents seeking to influence the American public and policymakers without proper registration.
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Queens Pharmacy Owner Found Guilty of Health Care Fraud and Money Laundering Charges for Role in Billing SchemeRead the Press Release
BROOKLYN, NY – A federal jury in Brooklyn returned a guilty verdict last night against pharmacy owner Yuriy Barayev on one count of health care fraud and seven counts of money laundering for his role in a scheme to defraud Medicare by billing for prescription medications that were not provided to patients. The verdict followed a four-day trial before United States District Judge Edward R. Korman. When sentenced, Barayev faces up to 10 years in prison for health care fraud and up to 20 years in prison on each of the money laundering counts.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division, Scott J. Lampert, Special Agent-in-Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), and Jonathan D. Larsen, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation (IRS-CI), announced the verdict.
As proven at trial, from November 2013 to December 2015, Barayev engaged in a scheme to defraud Medicare by submitting claims for hundreds of medications that were never dispensed through his pharmacy, Woodhaven Rx. The evidence further showed that Barayev laundered the proceeds of his health care fraud scheme through a shell company owned by his wife, and then spent the money on himself, his family and friends.
This case was investigated by HHS-OIG and IRS-CI. Trial Attorneys Sarah Wilson Rocha and Debra Jaroslawicz, and Assistant Chief A. Brendan Stewart of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception, Strike Force prosecutors filed more than 1,750 cases charging more than 3,800 defendants who collectively billed the Medicare program approximately $15 billion; 2,643 defendants pleaded guilty and 338 others were convicted in jury trials; and 2,424 defendants were sentenced to imprisonment for an average term of approximately 50 months. Medicare payment trends demonstrate the positive impact of Strike Force enforcement and prevention efforts.
The Defendant:
YURIY BARAYEV
Age: 45
Queens, New YorkE.D.N.Y. Docket No. 18-CR-318 (ERK)
Queens Pharmacy Owner Found Guilty of Health Care Fraud and Money Laundering Charges for Role in Billing SchemeRead the Press Release
A federal jury found a New York pharmacy owner guilty Wednesday of health care fraud and money laundering charges for his role in a scheme to defraud Medicare by billing for prescription medications that were not provided to patients.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Richard P. Donoghue of the Eastern District of New York, Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations and Acting Special Agent in Charge Jonathan Larsen of Internal Revenue Service Criminal Investigation’s (IRS-CI) New York Field Office made the announcement.
After a four-day trial, Yuriy Barayev, 45, of Queens, New York, was found guilty of one count of health care fraud and seven counts of money laundering. U.S. District Judge Edward R. Korman of the Eastern District of New York, who presided over the trial, will sentence Barayev at a later date.
According to evidence presented at trial, from November 2013 to December 2015, Barayev engaged in a scheme to defraud Medicare by submitting claims for prescription medications that were not actually dispensed to patients. Barayev billed Medicare for hundreds of medications that were never dispensed through his pharmacy, Woodhaven Rx, the evidence showed. The evidence further showed that Barayev laundered the proceeds of his health care fraud scheme by transferring money to a shell company owned by his wife and then spending the money to benefit himself, his family and others close to him.
This case was investigated by HHS-OIG and IRS-CI. Trial Attorneys Sarah Wilson Rocha and Debra Jaroslawicz and Assistant Chief A. Brendan Stewart of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
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.
Previously convicted sex offender from Las Cruces faces federal child pornography and kidnapping charges in New MexicoRead the Press Release
ALBUQUERQUE, N.M. – Clarence Ransom, 52, of Las Cruces, New Mexico, appeared in federal court in Las Cruces today for arraignment on charges of attempted coercion and enticement of a minor, attempted production of child pornography, solicitation of child pornography, committing a federal offense as a registered sex offender, international parental kidnapping, and failure to report international travel as a sex offender.
A grand jury returned an indictment against Ransom on Jan. 15 charging these offenses. The indictment accuses Ransom of attempting to coerce and entice a child under the age of 18 to engage in sexual activity in Doña Ana County, New Mexico between May 16, 2019 and May 25, 2019. The indictment also accuses Ransom of attempting to produce child pornography with the child.
According to a criminal complaint, Ransom was previously convicted in 1991 of engaging in unlawful sexual acts with a minor. He is required to register as a sex offender and must notify authorities in advance before traveling internationally. Ransom allegedly kidnapped two victims, who are his children, by taking them to Mexico when they should have been in their mother’s custody and without approval to travel outside the United States.
Mexican law enforcement arrested Ransom on Dec. 1, 2019 and later turned him over to U.S. authorities at the border. Ransom made an initial appearance in federal court in the District of Arizona on Dec. 5, 2019 before being transported to New Mexico.
Ransom is currently in custody pending trial. Indictments and criminal complaints are only accusations. A defendant is presumed innocent until proven guilty.
The FBI and Las Cruces Police Department investigated this case with assistance from law enforcement in Mexico. Assistant U.S Attorneys Tilli M. Villalobos, Mark A. Saltman and Dustin Segovia are prosecuting the case.
Plant City Man Sentenced to Seven Years for Possessing Firearm and AmmunitionRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced James Bailey (33, Plant City) to seven years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Bailey to forfeit the firearm and ammunition.
Bailey had pleaded guilty on October 24, 2019.
According to court documents, on March 12, 2019, law enforcement officers responded to a 911 call regarding an aggravated assault with a deadly weapon. Upon arrival, the officers encountered Bailey and located a loaded sawed-off shotgun, with an obliterated serial number, at the rear of his vehicle. Bailey then fled on foot, but was apprehended after a short foot chase. Following his arrest, Bailey admitted to possessing the firearm. Witnesses also confirmed that Bailey had pointed the shotgun out of his car’s window. Bailey, an 11-time convicted felon, was prohibited from possessing a firearm or ammunition.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Plant City Police Department. It was prosecuted by Assistant United States Attorney David C. Waterman.
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. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Paterson Police Sergeant Charged with Conspiracy to Violate Civil Rights and Filing False Police ReportRead the Press Release
NEWARK, N.J. – A federal grand jury today charged a sergeant with the Paterson Police Department with conspiring with other officers to violate individuals’ civil rights, and submitting a false police report to conceal their illegal activity, U.S. Attorney Craig Carpenito announced.
Sergeant Michael Cheff, 49, of Paterson, New Jersey, was charged in a two-count indictment with conspiring to deprive individuals of civil rights under color of law and with falsifying a police report. Cheff was previously charged by criminal complaint in January 2020. He will be arraigned in federal court on a date to be determined.
According to documents filed in this and other cases, and statements made in court:
Eudy Ramos, Daniel Pent, Jonathan Bustios, Matthew Torres, and Frank Toledo were police officers with the Paterson Police Department. Cheff supervised their activities and approved their reports and other paperwork related to arrests and seizures of money, narcotics, and firearms. Ramos, Pent, Bustios, Torres, and Toledo, while on official duty, violated the civil rights of individuals in Paterson. They stopped and searched motor vehicles without any justification and stole cash and other items from the occupants. They also illegally stopped and searched individuals in buildings or on the streets of Paterson and seized cash from them. They concealed their activities by submitting to Cheff false reports that omitted, or lied about, their illegal activities. Cheff signed off on those false police reports, and routinely received a portion of these stolen monies from some of these officers. In 2016, Cheff told one of the officers to start “tagging,” or logging into evidence, some of the money that the officer was stealing, because effecting narcotics arrests without logging money into evidence would otherwise raise questions.
On Nov. 14, 2017, Cheff joined Bustios, Ramos, and Torres in stealing cash from an apartment in Paterson. Bustios, Ramos, and Torres stopped and arrested an individual in Paterson. Bustios stole a few hundred dollars from the individual during the arrest, then the officers went to the individual’s apartment, and were joined by Cheff. Torres stayed behind to guard the arrested individual, who was handcuffed in a police car, while Cheff, Ramos, and Bustios obtained consent to search the apartment by lying to the individual’s mother.
Cheff, Ramos, and Bustios then searched the individual’s room. Cheff located a safe inside a closet in the room and took money and narcotics from the safe. He handed a small portion of the money to Bustios and told Bustios to log it into evidence. Cheff put the rest of the money in his pocket. After the search, in a bathroom at the Paterson police station, Cheff gave Torres and Ramos a portion of the stolen money. Cheff also approved a police report that falsely stated that the officers had recovered $319 from on top of a shelf in the individual’s room.
Later that day, Bustios and Toledo exchanged text messages discussing Cheff’s theft of money. Bustios said, among other things, that Cheff “got us for over a stack today,” that “there was a safe” and that Cheff “grabbed the cash.” According to the individual whose apartment was searched, the safe contained approximately $2,700, and all of it was missing after the search was completed.
The conspiracy to violate civil rights charge carries a maximum penalty of 10 years in prison. The false records charge carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s indictment. He also thanked the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Paterson Police Chief Ibrahim “Mike” Baycora, and the Paterson Police Department Office of Internal Affairs for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division, and Assistant U.S. Attorney Lee M. Cortes Jr., Chief of the Health Care Fraud Unit.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: John Lynch Esq., Union City
Pair Charged with Dealing in Firearms Without A License, at Least 48 Firearms Purchased, Some Seized at US/Mexico BorderRead the Press Release
SALT LAKE CITY – Norma Llamas Rodriguez, age 46, of Moreno Valley, California, and her son, Carlos Arturo Garcia, age 21, of West Valley City, are charged with firearms trafficking in a seven-count federal indictment unsealed Monday afternoon.
According to the indictment, from about June 10, 2017, and continuing until at least Feb. 12, 2019, Llamas Rodriguez and Garcia purchased at least 48 firearms in transactions conducted through FFLs. The indictment alleges that at no time did either defendant possess a Federal Firearms License (FFL) required to be lawfully engaged in the business of dealing in firearms.
Seven of the firearms Llamas Rodriguez and Garcia purchased were FN M249S rifles, which are semi-automatic belt-fed tripod mount rifles. Llamas Rodriguez and Garcia purchased the rifles from FFLs between Nov. 20, 2018, and Feb. 12, 2019 for approximately $7,485-$7,895 using U.S. Postal money orders. During the same period, the indictment alleges the pair transferred firearms to others without conducting lawful transfers through FFLs.
ATF special agents in Utah launched an investigation in February 2019 after receiving information from an FFL concerned about a suspicious purchase. The FFL reported that they had listed an FN Model M249S belt-fed rifle for sale for $7,900. A buyer in Utah attempted to purchase the firearm. According to a complaint in the case, the FFL was concerned that it might be a scam so he reviewed additional information and noticed that the Utah purchaser had used the account to purchase two other FN M249S rifles within the past month. The FFL contacted the sellers of the other rifles and they did not report any issues. After the FFL received a U.S. Postal money order for the firearm, Llamas Rodriguez reached out to him and requested a refund for the firearm. The FFL reported Llamas was “spooked” and wanted her money back. The FFL started researching Llamas Rodriguez on the internet and then contacted the ATF after he became suspicious with her purchase of $24,000 worth of firearms in such a short period of time, according to the complaint.
The complaint alleges that ATF continued to investigate the two FN M249S rifles Llamas Rodriguez purchased and learned that the firearms were shipped to FFLs in Salt Lake City and Murray where Llamas Rodriguez and Garcia picked them up. They also found that between October 2017 and December 2018, Llamas had purchased an additional 22 AR-15 type rifles and four handguns from one of the FFLs.
ATF served a search warrant at two mobile homes in South Salt Lake City on Feb. 14, 2019. Agents found three firearms, documentation showing wire transfers to/from Mexico, multiple firearm operator manuals, and $7,400 in cash. Llamas Rodriguez was not at the residence. Garcia was there and, according to the complaint, told agents Llamas Rodriguez was buying the firearms for Hispanic males in California and was on her way to California with one of the FN M249S rifles.
During the investigation, ATF agents learned on March 3, 2018, six AR-15 firearms were seized at the Nogales Port of Entry on a bus entering Mexico from the United States. Four of those firearms were traced to Llamas Rodriguez. Records show Llamas Rodriquez purchased the firearms just two days prior on March 1, 2018. Agents traced two others to purchases she made on Feb. 22, 2018.
The indictment charges the pair with one count of dealing in firearms without a license. Llamas Rodriguez is also charged with four counts of false statements in the acquisition of a firearm and Garcia is charged with two counts of making a false statement in the acquisition of a firearm. The maximum potential penalty for dealing in firearms without a license is five years in prison. Each of the false statements in the acquisition of a firearm counts has a potential sentence of 10 years in prison.
Llamas Rodriguez was arrested on the complaint in California and had an initial appearance in federal court in California. She was released on conditions, including a $100,000 bond. She had an initial appearance in Salt Lake City Monday afternoon where she entered a plea of not guilty to the charges. She continues on the conditions of release set in California. Llamas Rodriguez is in the country on a green card. She is a former resident of West Valley City.
Garcia, a U.S. citizen, was taken into custody when he came to the federal courthouse Monday afternoon. He had an initial appearance Tuesday and entered a not guilty plea to the charges. He was released on conditions of supervised release.
Nitro Woman Pleads Guilty to Theft of Social Security Income BenefitsRead the Press Release
Defendant fraudulently obtained over $74,000
HUNTINGTON, W.Va. – A Nitro, West Virginia woman entered a guilty plea to the felony offense of fraudulently obtaining Social Security Income benefits, announced United States Attorney Mike Stuart. Teresa Ahrent, 56, faces up to 5 years of incarceration when she is scheduled to be sentenced on June 8, 2020. She will also be required to pay restitution back to the United States Social Security Administration. United States Attorney Mike Stuart praised the work of the United States Social Security Administration-Office of Inspector General (SSA-OIG) and the Social Security Administration (SSA).
“Social security and government benefit fraud is rampant and epidemic. Stealing government benefits is an abhorrent repugnant act,” said United States Attorney Mike Stuart. “The bottom line is this- steal social security or any other government benefit and we will prosecute you to the fullest extent of the law. If we catch you ripping off the system and the taxpayers, we will hold you accountable. No excuse is acceptable. We are working closely with the Social Security Administration to identify fraudsters and hold them accountable.”
Ahrent applied for Title XVI Social Security benefits in January 2005 as a representative payee on behalf of her adult daughter. These Social Security benefits are based on income and living arrangements, and create a duty on the representative payee to report a change in income or living arrangements. In 2005, Ahrent indicated that her daughter resided with her in her (then) home in Hurricane, Putnam County, West Virginia. In 2010, Ahrent’s adult daughter was removed from Ahrent’s home and began to live in Mildred Mitchell-Bateman psychiatric hospital in Huntington, where Ahrent’s daughter resided for nine years. Every year, Ahrent represented to the SSA that her adult daughter resided in Ahrent’s home in Hurricane, when in fact her daughter was living full time at the Bateman hospital and Ahrent had moved to Nitro, Kanawha County, West Virginia. In 2019, the Social Security Administration learned of the fraud and referred the case to the Office of Inspector General. On April 30, 2019, Ahrent gave a detailed statement to federal investigator with the Office of Inspector General and a representative with the Social Security Administration admitting that her daughter did not reside in her home and that she was receiving money that she was not entitled to receive. From June 2010 through May 2019, Ahrent received $74,641 in Social Security benefits in excess of the amount she was due.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys Erik S. Goes and Julie White handled the prosecution.
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Niagara Falls Man Pleads Guilty for His Role in Drug ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Wayne Payne, 63 of Niagara Falls, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to conspiring to possess with intent to distribute 500 grams or more of cocaine. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 40 years, and a fine of $5,000,000.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between May 2017 and November 2017, the defendant conspired with Lavon Parks and others to sell cocaine in the Niagara Falls and Buffalo, NY areas. Specifically, Payne drove Parks to meet with other individuals to perform drug transactions and to collect drug proceeds from lower-level distributors who worked for Parks. Defendant also drove Parks to meet with out-of-state suppliers, who provided bulk quantities of cocaine which would be transported back to Niagara Falls for distribution.
On November 30, 2017, during a trip to Houston, Texas, the defendant, Parks, and Parks’ father, James Parks, were stopped for several traffic infractions. A subsequent consensual search of the rental vehicle revealed four packages of cocaine wrapped with plastic and duct tape concealed in the spare tire area.
Lavon and James Parks are currently charged in federal court with narcotics conspiracy and discharge of firearm causing death involving the murder of Kevin Turner. 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.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Superintendent Thomas Licata; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the U.S. Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; and the Lackawanna Police Department, under the direction of Chief James Michel.
Sentencing is scheduled for July 17, 2020, at 1:00 p.m. before Judge Vilardo.
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Morgan County man admits to crossing state lines to have sex with a minorRead the Press Release
MARTINSBURG, WEST VIRGINIA – Elmer Leroy Kerns, of Paw Paw, West Virginia, has admitted to a sex charge, U.S. Attorney Bill Powell announced.
Kerns, age 44, pled guilty to one count of “Interstate Travel for Sex with a Minor.” Kerns admitted to traveling across state lines to engage in sexual activity with a person under the age of 18. The crime took place in July 2019 in the Northern District of West Virginia and elsewhere.
Kerns faces up to 30 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.Montgomery County Attorney Sentenced to Five Years in Prison for Stealing from His Former Law FirmRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Craig A. Cohen, 55, of Blue Bell, PA was sentenced to 60 months’ imprisonment, three years’ supervised release and ordered to pay over $3.4 million in restitution by United States District Court Eduardo C. Robreno for his scheme to steal money from various entities through his work as an attorney.
The defendant pleaded guilty to mail fraud in November 2019. For approximately eight years, Cohen worked for a Philadelphia-based law firm. He specialized in representing insurance companies in subrogation matters, particularly those matters involving losses generated by water damage. As a subrogation attorney, Cohen filed claims on behalf of insurance companies to obtain recoveries against product manufacturers and class action settlement funds after the insurance companies covered losses of insured individuals due to water damage resulting from defective products.
Over the course of approximately four years, from 2015 through 2019, Cohen engaged in a fraudulent scheme to obtain millions of dollars in financial recoveries from product manufacturers and class action settlement funds. He committed this fraud by filing fraudulent subrogation claims that illegally funneled the financial recoveries directly to him.
Cohen operated the scheme primarily from his home in Blue Bell where he created a legal entity, WLSP, PLLC (“WLSP”), which he used to file the fabricated claims. He also opened a post office box in Philadelphia and created internet domains and email addresses for his company so that his fraudulent business could function effectively and appear legitimate.
In total, Cohen submitted dozens of fraudulent claims, causing losses to numerous victims, including product manufacturers, class action settlement funds, insurance companies, and his employer, for a total loss of over $3.4 million.
“Attorneys take an oath to uphold the law and to act in the best interest of their clients – not to use their position to steal,” said U.S. Attorney McSwain. “Mr. Cohen went to great lengths to deceive and defraud his employer, its clients, and other entities of millions of dollars. This is illegal conduct for an employee in any line of work, but it is especially reprehensible for a lawyer.”
“Cohen’s elaborate fraud scheme spanned several years, during which he stole more than $3.4 million of his victims’ money,” said Tara A. McMahon, Acting Special Agent in Charge of the FBI’s Philadelphia Division. “He lied to his employer and clients, fabricated supporting evidence, and cashed in on bogus claims. The FBI is committed to bringing such egregious financial crimes to light and the perpetrators to justice.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Deputy United States Attorney Louis D. Lappen.
Misdemeanor Count Against Scott Warren DismissedRead the Press Release
Yesterday, the United States Attorney’s Office filed a motion to dismiss the remaining misdemeanor count against Scott Warren, for which he was found guilty. Senior District Judge Raner Collins granted the motion in court this morning. The dismissal is only as to the specific offense in Count 1 of the information. Dismissing the remaining count of conviction in this case does not foreclose the United States from prosecuting Warren for other crimes in the Cabeza Prieta National Wildlife Refuge, should he violate the law.
“While we continue to evaluate appellate options after an adverse ruling in a similar case, we want to ensure consistency in our prosecution of these violations moving forward,” said United States Attorney Michael Bailey. “But to be clear, these groups must follow the law, even when delivering true humanitarian aid, and we will continue to prosecute those who intentionally help illegal immigrants evade law enforcement detection while deceptively cloaking their illegal acts as ‘humanitarian aid.’”
Meyersdale Woman Sentenced for Defrauding Social SecurityRead the Press Release
JOHNSTOWN, Pa. – A resident of Meyersdale, Pa. has been sentenced in federal court in Johnstown to one day of imprisonment, three years’ supervised release, including one year of home confinement, and restitution in the amount of $251,000 to the Social Security Administration on her conviction of conversion of government funds, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence on Donalee Harvey, 73, of Meyersdale, Pa.
According to information presented to the court, from Dec. 3, 1997, to March 2, 2018, Harvey did receive and convert falsely to her own use a total of $164,862, which represents approximately 236 separate Social Security Administration benefit payments made to another person, to which she was not entitled.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Mr. Brady commended the Social Security Administration, Office of Inspector General for the investigation that led to the successful prosecution of Harvey.
Mexican National Illegally Entered the United States Six Times, Sentenced for Drug-Trafficking, Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Mexican national in Kansas City, Missouri, has been sentenced in federal court for his role in a conspiracy to distribute marijuana, illegally possessing a firearm, and illegally entering the United States for the sixth time.
Uriel L. Martinez, 24, was sentenced by U.S. District Judge Stephen R. Bough on Wednesday, Feb. 26, to six years in federal prison without parole.
Co-defendant Omar A. Bustillos, 34, of Kansas City, Missouri, pleaded guilty to his role in the drug-trafficking conspiracy on Tuesday, Feb. 25. Bustillos admitted he was responsible for distributing or possessing at least 1.966 kilograms of heroin, 2.6 kilograms of methamphetamine, and 4.8 kilograms of marijuana.
On Oct. 21, 2019, Martinez pleaded guilty to conspiracy to distribute marijuana, possessing firearms in furtherance of a drug-trafficking crime, and illegally reentering the United States.
Martinez had previously been deported from the United States on five separate occasions between April 12, 2015, and April 19, 2018.
According to court documents, Martinez’s role in the drug-trafficking conspiracy was limited to marijuana. Martinez was responsible for distributing or possessing at least 50 kilograms of marijuana. Both Martinez and Bustillos admitted that $64,600 seized by law enforcement was proceeds from the sale of illegal drugs.
According to court documents, Martinez was arrested in California in 2017 when law enforcement officers found 98 large marijuana plants (approximately six to eight feet in height and four to five feet in width) on the property where he had been living. The total weight of the plants was 5,100 pounds. Martinez failed to appear in court and those charges are still pending.
Detectives with the Kansas City, Missouri, Police Department executed a search warrant on the residence of co-defendant Nathan R. Carpenter, 28, of Kansas City, Missouri, on Jan. 8, 2019, and seized nearly a kilogram of heroin, more than 1.2 kilograms of marijuana, 86.19 grams of methamphetamine, a stolen Romarm 7.62x39 caliber, AK-style rifle, a Taurus .22-caliber handgun and a Remington .22-caliber semi-automatic rifle. Carpenter told investigators he was holding the approximately two pounds of heroin for Bustillos and his girlfriend, co-defendant Tonya Marie Thomas, 34, of Kansas City, Missouri, who were Carpenter’s suppliers for narcotics.
On Jan. 15, 2019, detectives executed a search warrant at the residence of Thomas and Martinez (where Bustillos also resided before his arrest on unrelated state charges). They seized more than a kilogram of heroin, 605.81 grams of methamphetamine, more than 4.7 kilograms of marijuana, 31 acetaminophen/hydrocodone pills, a Smith and Wesson .40-caliber handgun, a Stoeger 9mm handgun, an SCCY 9mm handgun, $20,283, and two drug ledgers. Officers also found $44,317 in Thomas’s vehicle, along with approximately 73.26 grams of marijuana. Thomas told detectives she had been selling methamphetamine since Bustillos was arrested, and estimated selling a quarter pound of methamphetamine every day during the previous two weeks.
Martinez, Carpenter, Bustillos and Thomas are among six defendants who have pleaded guilty in this case. Martinez is the first defendant to be sentenced.
This case is being prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Kansas City, Mo., Police Department.
Member of Lightfoot Drug Trafficking Organization Pleads Guilty to Distributing Large Quantities of CocaineRead the Press Release
PITTSBURGH – A former resident of Donora, PA, pleaded guilty yesterday to federal narcotics charges, United States Attorney Scott W. Brady announced today.
Edward Alford II, 32, pleaded guilty to one count of conspiracy to possess with the intent to distribute and distribute 500 grams or more of cocaine in front of United States District Court Judge Mark R. Hornak.
According to information presented to the court, from January 2015 to November 2017, Alford conspired with others to import large quantities of cocaine and marijuana into Western Pennsylvania. Once the narcotics were in Western Pennsylvania, Alford would then resell large quantities of cocaine to customers in Allegheny, Westmoreland and Washington Counties.
The law provides for a mandatory minimum sentence of not less than 10 years in prison and a maximum of life and/or a fine of not more than $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Timothy M. Lanni and Shaun Sweeney are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the Indictment in this case.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
May 27 Sentencing Hearing Set in Atchison Clean Air Act CaseRead the Press Release
TOPEKA, KAN. – A federal judge has set a May 27, 2020, hearing for the sentencing of Harcros Chemicals, Inc., and MGP Ingredients Inc., for violating the federal Clean Air Act when a cloud of toxic chlorine gas formed over Atchison, Kan., in 2016, U.S. Attorney Stephen McAllister said.
The hearing is set for 1:30 p.m. in room 403 of the Frank Carlson Federal Building at 444 S.E. Quincy St. in Topeka before U.S. District Judge Daniel D. Crabtree.
“Many people were affected by the release of the gas in Atchison,” said U.S. Attorney Stephen McAllister. “We know that 140 individuals including members of the public, first responders, employees of MGP Ingredients and Harcros Chemicals sought medical attention at the time of the incident.”
“I want everyone to be aware that the sentencing hearing will be open to the public,” McAllister continued.
Both companies have pleaded guilty to violating the Clean Air Act and each has agreed to pay a $1 million fine.
McAllister said that he wants to assure that anyone impacted by the incident is afforded the right to be reasonably heard and not to be excluded from court. Due to time constraints, it may be impractical for each victim to speak at the sentencing hearing. However, anyone who would like to submit a written victim impact statement for the court’s consideration, please email those statements to [email protected] .
For updates and resources on this case, please visit our website: https://www.justice.gov/usao-ks/us-v-mgp-ingredients-inc-et-al
Man Sentenced to Prison for Failing to Register as a Sex OffenderRead the Press Release
A man who failed to register as a sex offender was sentenced on February 26, 2020, to more than four years in federal prison.
Marquette Lamont Lawson, age 48, from Chicago, Illinois, received the prison term after a September 26, 2019 guilty plea to failure to register as a sex offender.
At the guilty plea, Lawson admitted that from May 2017 to February 12, 2018, he knowingly failed to register or update his registration as required by the Sex Offender Registration and Notification Act while he was residing and working in Iowa. Lawson is required to register as a sex offender due to his prior conviction for aggravated criminal sexual abuse, on January 11, 1989, in Cook County, Illinois.
Lawson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lawson was sentenced to 51 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Lawson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the United States Marshals Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-0071.
Follow us on Twitter @USAO_NDIA.
Madison Man Sentenced for 2nd Conviction for Passing Counterfeit CurrencyRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Cornelius Stewart, 25, Madison, Wisconsin, was sentenced today by U.S. District Judge William Conley to 36 months in federal prison for conspiring with others to pass counterfeit U.S. currency at numerous merchants in Wisconsin in early 2019. Stewart pleaded guilty to the conspiracy charge on December 13, 2019.
In addition to the prison time for this new conviction, Stewart also received an additional 12-month sentence based upon the revocation of his federal supervision for a prior conviction for passing counterfeit currency. The 12-month sentence will be served consecutive to the 36-month sentence. In February 2017, Stewart and four other co-defendants were convicted of passing counterfeit $100 bills in southern Wisconsin during 2016. Stewart served two years in prison as a result of that conviction, and was released to federal supervision in early 2019.
From March through May 2019, while he was on federal supervision, Stewart again supplied counterfeit currency to four new associates. They passed the counterfeit $100 bills at nearly 80 restaurants and merchants from Hudson, Wisconsin to Beaver Dam, Wisconsin. The group would make small-dollar purchases for which they would present the fake $100 bills in order to receive a large amount of change in legitimate currency from the merchants. His co-conspirators would bring legitimate currency back to Stewart in exchange for more counterfeit bills to pass.
Judge Conley, who had sentenced Stewart for the prior offense, expressed frustration with Stewart’s choice to commit the exact same crime and to do so while on supervised release for his original conviction. In addition to the total sentence of four years, Judge Conley ordered Stewart to pay restitution of $8,294.33 to the victims of his scheme.
The charges in this case were the result of an investigation conducted by the Stoughton, Hudson, Madison, Middleton, and Beaver Dam Police Departments in coordination with the U.S. Secret Service, with the assistance of other police departments and sheriffs’ offices in Wisconsin. The prosecution of the case has been handled by Assistant U.S. Attorney Robert A. Anderson.
Long-Haul Trucker Indicted for Kidnapping and Child Pornography CrimesRead the Press Release
NASHVILLE, Tenn. – February 27, 2020 – Roy Nellsch, 63, of Logan, Alabama, was indicted yesterday by a federal grand jury in Nashville, and charged with kidnapping, possession of child pornography and transportation of child pornography, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Nellsch was transferred from the Montgomery County, Tennessee jail to federal custody earlier today and will make an initial appearance before a U.S. Magistrate Judge later this afternoon.
According to the indictment and documents filed with the Court, on May 22, 2019, Nellsch, a long-haul trucker for more than 40 years, encountered a woman with car trouble on I-24, near Fort Campbell, Kentucky. The woman’s car was out of gas and Nellsch offered to give her a ride to the next exit, which was Exit 1 in Tennessee. The woman accepted the ride and got into the truck and Nellsch proceeded to drive eastbound on I-24. When Nellsch continued past Exit 1 and Exit 4, the woman became scared and started screaming.
Nellsch then pulled over on the exit ramp at Exit 8 and pointed a handgun at the woman and told her he was kidnapping her and was going to rape her. Nellsch ordered the woman into the sleeper part of the cab where he began assaulting her and ripped her dress. During the struggle, the woman was able to turn the gun toward Nellsch and pull the trigger but it did not fire. Nellsch produced another handgun and struck the woman in the head. He then handcuffed the woman, placed a blanket over her, and continued driving along Interstate 24.
As Nellsch was driving, the woman was able to slip one hand out of the handcuffs. She then placed the blanket over Nellsch’s head and placed one arm around his throat while she attempted to steer the truck and honk the horn with the other hand and screamed for him to pull over. Nellsch pulled the truck to the side of road, took the remaining handcuff off the woman and she got out of the truck and flagged down oncoming motorists for help. Nellsch drove away from the scene and was stopped and arrested a short time later in Springfield, Tennessee.
A subsequent search of the truck by law enforcement produced, among other items, two handguns; a stun gun; handcuffs; bags containing numerous pairs of women’s underwear and bras and numerous electronic devices, including a digital camera, laptop computers, cell phones, and media storage devices. A subsequent examination of the electronic devices found over 10,000 images and videos of child pornography, including videos depicting violence against small children and a ledger with lists of names, ages, locations and descriptions of women and children.
If convicted, Nellsch faces up to life in prison.
Agencies participating in this investigation include the FBI; the Department of Homeland Security-Immigration & Customs Enforcement; the Tennessee Bureau of Investigation; and the Clarksville Police Department; with valuable assistance from the Coopertown Police Department and the Springfield Police Department. Assistant U.S Attorney Brooke K. Schiferle is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Local Man Sentenced for Role in West End Drug CaseRead the Press Release
PITTSBURGH - A Pittsburgh man has been sentenced in federal court to three years’ probation with 90 days’ home detention on his conviction of conspiracy to distribute crack cocaine, United States Attorney Scott W. Brady announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Robert Moore, age 36, of Oakhurst Street. Pittsburgh, Pa.
According to information presented to the court, in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Robert Moore conspired to distribute quantities of crack cocaine.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation and the Drug Enforcement Administration jointly with the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, for the investigation leading to the successful prosecution of Moore.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Lewiston Man Sentenced to Federal Prison for Multiple OffensesRead the Press Release
COEUR D’ALENE - James Howard Gallaher, 34, of Lewiston, Idaho, was sentenced in U.S. District Court to prison in two separate cases for conspiracy to distribute controlled substances and possession of a stolen firearm, U.S. Attorney Bart M. Davis announced today. U.S. District Judge B. Lynn Winmill sentenced Gallaher in each case to 120 months in federal prison to run concurrently with each other. Upon completion of his prison time, Gallaher was ordered to serve an additional three years of supervised release.
According to court records, Gallaher was arrested in July 2018, after he was found passed out in a stolen vehicle and in possession of a stolen firearm. After his arrest, officers discovered that Gallaher had also been involved in a conspiracy to steal and distribute prescription-controlled substances from the Owl Southway Pharmacy in Lewiston. During that conspiracy, thousands of pills were stolen by a co-conspirator from the pharmacy and then distributed by Gallaher and others to individuals in Lewiston and on the Nez Perce Indian Reservation.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Nez Perce County Sheriff’s Office, Lewiston Police Department, and Nez Perce Tribal Police.
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Last of Three Defendants Involved in Two Armed Robberies Sentenced to More than 17 Years in PrisonRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced the getaway driver in two armed robberies in Tuscaloosa, announced U.S. Attorney Jay E. Town and Bureau of Alcohol Tobacco and Firearms Special Agent in Charge Marcus Watson.
U.S. District Judge L. Scott Coogler sentenced Jemarkus Vonsha Thompson, 25, of York, to 214 months in prison for Hobbs Act Robbery and carrying and brandishing a firearm during and in relation to a violent crime. Thompson was convicted by a federal jury in October 2019.
“Thompson’s involvement in this robbery as the “get-away driver” is treated no differently under our laws than those who placed innocent citizens at gunpoint,” Town said. “Thompson shares responsibility in this crime and he will share a cell in a federal penitentiary for 214 months as a result.”
“ATF’s Crime Gun Intelligence partnerships with the Tuscaloosa Police Department as part of Project Guardian, continue to focus on reducing violent crime by those individuals who commit armed robberies,” Watson said.
“The Tuscaloosa Police Department’s investigators, ATF’s agents, and the U.S. Attorney’s Office all worked very hard on this case,” said Captain Brad Mason, Tuscaloosa Police Department. “I am happy that we are able to bring this to a resolution where a violent criminal will be off of the streets for a long time. We would like to thank the ATF and the U.S. Attorney’s Office for their work on this case. We look forward to working together in the future.”
According to evidence at trial, Thompson was the driver of the suspect vehicle used to rob the Quick Stop Tobacco and Snack and Subway on Old Greensboro Road in Tuscaloosa. Watson and Rodgers robbed the two stores at gun point using an assault style rifle, while Thompson remained in the vehicle. Cell phone tower information placed Thompson at the scene of both crimes. Watson, Rodgers, and Thompson were stopped by Tuscaloosa police minutes after the robberies, where evidence of both crimes were found in their possession, including money, receipts, and the firearms.
Quartaius Deandrew Rodgers, 24, Cuba, Ala., pled guilty in July 2019. In November 2019, U.S. District Court L. Scott Coogler sentenced Rodgers to 95 months in prison for Hobbs Act Robbery and carrying and brandishing a firearm during and in relation to a violent crime.
Ladarius Maurice Watson, 23, Tuscaloosa, pled guilty in July 2019. In January, U.S. District Court Judge L. Scott Coogler sentenced Watson to 180 months in prison for Hobbs Act Robbery and carrying and brandishing a firearm during and in relation to a violent crime.
ATF investigated the case along with the Tuscaloosa Police Department, which Assistant U.S Attorney Brad Felton and Allison Garnett prosecuted.
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.
Kentucky Correctional Officers Sentenced for Beating Handcuffed Detainee and Attempting to Cover up the AssaultRead the Press Release
The Hon. Rebecca Grady Jennings of the U.S. District Court for the Western District of Kentucky sentenced David M. Schwartz, 48, and Donna K. Gentry, 55, former correctional officers at the Louisville Metro Department of Corrections (LMDC), on charges of violating the civil rights of a pretrial detainee, writing false reports, and obstructing justice, for their roles in the assault of an inmate at LMDC and the subsequent attempt to cover up the misconduct.
Schwartz was sentenced to 24 months of incarceration and Gentry was scheduled to eight months of home confinement. Schwartz and Gentry previously pleaded guilty on Oct. 31, 2019. A third officer, Devan Edwards, previously pleaded guilty to assaulting the detainee and failing to intervene to prevent Schwartz from assaulting him.
“These officers violated their oath to defend the laws of our nation,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will vigorously seek to uphold the constitutional rights of inmates and will hold our correctional officers accountable for their actions.”
“The rule of law requires holding everyone to this same standard regardless of position of authority,” said U.S. Attorney Russell Coleman for the Western District of Kentucky. “The conduct here is an aberration among our city’s fine public safety professionals and I am grateful for the KY Public Corruption Civil Rights Task Force and our career federal prosecutors who achieved justice in the result.”
“Corrections officers have extremely difficult jobs; however, our community demands these officers conduct themselves professionally. Through the Kentucky Public Corruption Civil Rights Task Force, FBI Louisville will continue to aggressively investigate any public official that abuses those they have been sworn to protect,” said Special Agent in Charge Robert Brown, FBI Louisville Field Office.
According to documents filed in connection with the guilty pleas, on April 18, 2018, Schwartz, while on duty as a correctional officer, punched a pretrial detainee, T.W., in the face while T.W. had his hands cuffed behind his back, and while he was pleading with Schwartz and posing no threat. Schwartz then wrote a false and misleading report, in which he intentionally omitted the fact that he had used force against T.W., and wrote a citation charging T.W. with felony third-degree assault, in which he knowingly included false information about T.W.’s conduct.
On the same date, Gentry, who was then a sergeant, learned that Schwartz and Edwards had assaulted the detainee and that Edwards had accidentally turned on his body camera and recorded part of that assault. Gentry wrote and filed a false report, in which she included false statements and made material omissions about the excessive force used by Schwartz and Edwards. She then directed Edwards to review her report and provide the same false account in his own report, changing the wording so that it would not be obvious that he had copied from her report.
Edwards will be sentenced on March 5, 2020.
This case was investigated by the Kentucky Public Corruption Civil Rights Task Force which consists of the FBI, Louisville Metro Police Department, the Kentucky office of the Attorney General, and the Kentucky State Police. The case was prosecuted by Assistant U.S. Attorney Amanda Gregory of the Western District of Kentucky and Special Litigation Counsel Christopher J. Perras of the Department of Justice’s Civil Rights Division.
Kansas Clinic Agrees to Pay $775,000 to Resolve False Claims Act AllegationsRead the Press Release
KANSAS CITY, KAN. - Trina Health–Wichita NW, LLC, located in Wichita, Kan., and Jack West of Dallas, Texas, one of the company’s principals, agreed to pay the United States $775,000 to resolve allegations that they violated the False Claims Act by submitting false claims to Medicare and TRICARE.
The company submitted claims to the federal programs for what the company called “artificial pancreas treatment” for diabetes. The United States alleged that from September 2015 through May 2017, Trina and West violated the False Claims Act because the claims were actually for an outpatient insulin infusion regimen that was not medically reasonable or necessary and specifically not covered by the federal programs.
Medicare is a federal health insurance program for people 65 or older, certain younger people with disabilities, and people with End-Stage Renal Disease. TRICARE, formerly known as CHAMPUS, is a federal health care system administered through the Department of Defense for uniformed service members, retirees, and their families.
“This office is committed to civil health care fraud enforcement as a key component of the mission of our office,” said United States Attorney Stephen McAllister. “Medicare beneficiaries rightly expect medically appropriate treatment. We will continue working with our law enforcement partners to hold accountable those who defraud federal programs and taxpayers.”
“Medicare enrollees, as well as taxpayers, deserve nothing less than appropriate medical treatments,” said Curt L. Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Those claiming government health program funds for medically unnecessary services should expect aggressive investigation and legal action.”
“I applaud the Department of Justice and the U.S. Attorney for the District of Kansas for their continued efforts to hold health care providers accountable to the American taxpayer,” said Army Lt. Gen. Ronald Place, director of the Defense Health Agency. “The efforts of the Department of Justice to safeguard the health care benefit for our service members, veterans and their families is commendable. The Defense Health Agency continues to work closely with the Justice Department, and other state and federal agencies to investigate all those who participated in fraudulent practices.”
The investigation was conducted by the United States Department of Health and Human Services, Office of Inspector General, Office of Investigations, the United States Attorney’s Office for the District of Kansas, and the Defense Criminal Investigative Service. The matter was handled by Assistant United States Attorney Jon Fleenor.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Justice Department Sues Caroline County, Virginia Commissioner of the Revenue for Disability DiscriminationRead the Press Release
The Justice Department filed a lawsuit today alleging that the Caroline County Commissioner of the Revenue in Bowling Green, Virginia, fired a former Master Deputy Commissioner of the Revenue on the basis of her disability, a respiratory impairment, in violation of Title I of the Americans with Disabilities Act (ADA).
The Commissioner of the Revenue allegedly also failed to provide reasonable accommodations for this qualified employee with a disability, as required by Title I of the ADA. According to the complaint, the employee, who had worked for the Commissioner of the Revenue since 1991, needed reasonable accommodations because of her physical impairments, which cause shortness of breath and hoarseness. The lawsuit alleges that instead of providing these reasonable accommodations, the Commissioner of the Revenue terminated the employee.
Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability in employment. These prohibitions include failing to provide reasonable accommodations if the accommodation does not pose an undue hardship to the employer. Reasonable accommodations include acquiring equipment or devices, among other things.
“The Justice Department is committed to enforcing the rights of qualified individuals with disabilities to earn a living and serve their communities,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Nearly 30 years after the ADA was signed into law, every qualified individual with a disability who wants to work should be able to do so without fear of discrimination. It is past time for every covered employer to comply with the law by providing reasonable accommodations for qualified applicants and employees with disabilities if the accommodation wouldn’t pose an undue hardship.”
This matter was based on a referral from the Equal Employment Opportunity Commission’s Norfolk Local Office, which completed the initial investigation of the facts. Those interested in finding out more about the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
2020 marks the 30th Anniversary of the Americans with Disabilities Act. The Justice Department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. The Justice Department will continue to use its enforcement and technical assistance tools to eliminate unlawful discrimination against individuals with disabilities.
NOTE: The complaint can be found here.
Jefferson County man admits to cocaine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Cedric Eugene Galloway, of Charles Town, West Virginia, has admitted to a drug charge, U.S. Attorney Bill Powell announced.
Galloway, age 50, pled guilty to one count of “Possess with Intent to Distribute Cocaine Base.” Galloway admitted to distributing cocaine base, or “crack,” in May 2019 in Jefferson County.
Galloway faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Ranson Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.Jackson Man Sentenced to Almost Five Years in Prison under Project EJECT for Illegally Possessing a GunRead the Press Release
Jackson, Miss. – Travis Cortez Lewis, 30, of Jackson, was sentenced by U.S. District Judge Carlton W. Reeves to 57 months in federal prison, followed by three years of supervised release, for being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Lewis was also ordered to pay a $1,000 fine.
On May 13, 2018, officers with the Jackson Police Department arrested Travis Cortez Lewis on a pending warrant and found him in possession of a firearm. Upon questioning, Lewis admitted to purchasing the firearm and to being a convicted felon. Lewis has prior convictions in Hinds County for cocaine possession and robbery.
Lewis was charged in a federal criminal indictment with being a felon in possession of a firearm. He pled guilty before Judge Reeves on November 12, 2019.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Lynn Murray.
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.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United States After Being Deported Two TimesRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to eight months in federal prison.
Jose Cruz-Medio, age 48, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after a December 4, 2019, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Cruz-Medio admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government. Cruz-Medio was deported in September 2009 and November 2013.
Cruz-Medio’s second deportation was subsequent to a September 2013 conviction in the United States District Court for the Northern District of Iowa for illegal reentry of a deported alien, a felony. Cruz-Medio also has a prior conviction in Wright County, Iowa, in 2009 for operating a motor vehicle while intoxicated. Cruz-Medio most recently came to the attention of immigration agents in September 2019 following his arrest in Allamakee County, Iowa, for operating a motor vehicle while intoxicated. This case is still pending.
Cruz-Medio was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cruz-Medio was sentenced to eight months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Cruz-Medio is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-123.
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Gettysburg Man Charged with Receipt and Distribution of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Craig M. Killmeyer, age 54, of Gettysburg, Pennsylvania, was charged on February 24, 2020, in a criminal information with exploitation of minors.
According to United States Attorney David J. Freed, Killmeyer is alleged to have received and distributed child pornography between December 2017 and December 9, 2018. The one-count information also includes a notice of the Government’s intent to forfeit all images of child pornography and the electronic devices associated with those images.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Georgia Woman Pleads Guilty to Providing Local Gang Members with Illegal GunsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Brittany Hutcherson, 28, of Lawrenceville, GA, pleaded guilty before U.S. District Judge John L. Sinatra Jr. to transfer of firearms to an out of state resident. The charge carries a maximum penalty of five years in prison and a fine of $250,000.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on April 22, 2016, the defendant, a Georgia resident, purchased four firearms from Deaton’s Gun Shop, Inc. in Loganville, Georgia. Between April 22 and July 17, 2016, Hutcherson gave two of the firearms to an individual living in New York State who was a member of the BFL/CBL gang. The defendant knew the individual was a member of the gang and knew it would be unlawful for that individual to possess a firearm in New York State.
On July 17, 2016, Cheektowaga Police Officers conducted a traffic stop of the car Larell Watkins was driving. In the trunk of that vehicle was one of the firearms purchased by Hutcherson on April 22, 2016. Watkins was subsequently convicted for his role in the criminal activities of the BFL/CBL Gang.
On July 29, 2016, another one of the firearms purchased by the defendant was recovered by Buffalo Police Officers from Maurice Rice, another convicted CBL/BFL gang member.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
Sentencing is scheduled for June 23, 2020, at 2:00 p.m. before Judge Sinatra.
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Former Senior Iraqi Military Officer During the Saddam Hussein Regime has Been Sentenced and DenaturalizedRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama, announces that Colonel Saad Taha Ahmed Yousif al-Qaysy was sentenced to three years of probation and stripped of his United States citizenship after being convicted of lying to obtain his citizenship.
Ahmed was born in Baghdad, Iraq in 1958. He earned a degree in electrical engineering in the early 1980s, and then was conscripted into the Iraqi Army in 1983 during the Iran-Iraq War. After his mandatory service was complete in 1985, Ahmed joined the Iraqi Army as a First Lieutenant in the al-Quds Reconnaissance Brigade. Thereafter, the Army sent Ahmed to a university in Yugoslavia to gain Serbian and Russian language skills.
After returning to Iraq, Ahmed rose up the ranks as an Iraqi Army officer. He served as a Captain in the 10th Armored Division during the Invasion of Kuwait and the Gulf War, and as a Colonel during the 2003 Iraq War. Ahmed’s twenty-year military career ended when Coalition Forces disbanded the Iraqi Army on May 23, 2003. During his final two years in the Iraqi Army, Ahmed was assigned to two public hospitals as a senior military officer. This is significant because the Saddam Hussein regime used public hospitals at this time for dual purposes — treatment centers for the sick and injured, and torture sites for political prisoners and military deserters.
Following the dissolution of the Iraqi Army, Ahmed claimed that he worked for an American military contractor in Abu Ghraib, Iraq. However, the military contractor has no record of Ahmed. Furthermore, a letter of recommendation purportedly from Ahmed’s direct supervisor at the military contractor, which was later submitted to U.S. Citizenship & Immigration Services, had been forged.
After Ahmed’s brother and nephew were killed in sectarian violence in 2006, Ahmed fled from the Baghdad region to northern Iraq and then to Giza, Egypt. While in Egypt, Ahmed and other former senior Iraqi military officers discussed the need to hide the true nature and extent of their military careers in order to be admitted as refugees into the United States.
In 2009, Ahmed applied for refugee status via the United States Refugee Admissions Program. In his application, Ahmed falsely claimed that he only served in the Iraqi Army for a brief period in the 1980s as a conscript during the Iran-Iraq War. Ahmed’s refugee application was approved in January 2010, and he was admitted into the United States as a refugee fleeing the war in Iraq. Thereafter, Ahmed was approved for refugee resettlement and placed in Mobile, Alabama.
In 2011, Ahmed adjusted his status from refugee to legal permanent resident. Once again, Ahmed lied about the nature and extent of his military service, and falsely claimed that he was merely an electrical engineer working on a base in Baghdad from 1987 to 1991. Ahmed further claimed that his military service ended just prior to the Invasion of Kuwait, when, in fact, he was a Captain in the 10th Armored Division during the invasion.Finally, in April 2015, Ahmed applied for United States citizenship. In his citizenship application, Ahmed perpetuated the false narrative that he was simply an electrical engineer forced to join the Iraqi Army during the Iran-Iraq War. Ahmed was officially sworn in as a United States citizen on July 20, 2015 in Atlanta, Georgia.
In November 2019, Ahmed pleaded guilty in the Southern District of Alabama to knowingly and intentionally procuring United States citizenship through fraudulent means, in violation of 18 U.S.C. § 1425(a). By statute, being convicted of this offense results in the denaturalization of the defendant at the time of sentencing.
Following his sentencing and denaturalization on February 21, 2020, Ahmed was taken into custody by immigration officials. An Immigration Judge will now determine whether Ahmed will lose his status as a legal permanent resident, and whether he will be deported to Iraq.
This matter was investigated by FBI-Mobile’s Joint Terrorism Task Force, and was prosecuted by Assistant United States Attorney Christopher Bodnar.
Former Prisoner Transport Officer Charged for Abusing Detainees in His Care and Threatening Them with Retaliation if They Reported His AbuseRead the Press Release
A federal grand jury in Albuquerque, New Mexico, has indicted former prison transport officer Anthony Buntyn, 53, for abusing detainees who were in his care and for threatening the detainees with retaliation if they reported his abuse.
According to the indictment, at the time of his alleged crimes, Buntyn was a prisoner transport officer employed by Prisoner Transportation Services of America (PTS), a company that was hired by local jails and prisons throughout the country to transport people who had been arrested pursuant to out-of-state warrants and needed to be transported back to the states that had issued the warrants. Buntyn was in charge of a PTS transport in March 2017 that stopped in New Mexico during a cross-country trip.
Count One of the indictment charges Buntyn with willfully depriving a detainee of the constitutional right to be free from unreasonable force, in violation of Title 18, United States Code, Section 242. Count Two charges Buntyn with willfully depriving multiple detainees of the constitutional right not to be subjected to conditions of confinement on the transport vehicle that posed a substantial risk of serious harm to the detainees’ health or safety, and resulted in bodily injury to some of them, in violation of Title 18, United States Code, Section 242. Count Three charges Buntyn with knowingly using intimidation and threats against multiple detainees to prevent communication to a federal law enforcement officer of truthful information relating to the commission of a federal crime, in violation of Title 18, United States Code, Section 1512(b)(3).
The indictment alleges that, during the stop in New Mexico, Buntyn repeatedly used a Taser on a handcuffed detainee without legal justification. It further alleges that, while in New Mexico, Buntyn transported the detainees in the PTS van in conditions of confinement that posed a substantial risk of serious harm to their health or safety, and resulted in injury to at least four detainees. Finally, the indictment alleges that Buntyn threatened the detainees who were being transported in the PTS van with retaliation if they reported any of his alleged crimes.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendant is presumed innocent unless proven guilty. If convicted, Buntyn faces a maximum sentence of 10 years of imprisonment on each of the first two charges and a maximum sentence of 20 years on the third charge.
The case was investigated by the FBI Kansas City Field Office and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley of the District of New Mexico and Trial Attorneys Zachary Dembo and Laura Gilson of the Justice Department’s Civil Rights Division.