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Friday 24 January 2020
Columbus Pain Clinic and Owner Agree to Pay $650,000 to Resolve Allegations of Unnecessary ProceduresRead the Press Release
Comprehensive Pain Management Institute and its owner, Leon Margolin, M.D., have agreed to pay the United States $650,000 to resolve False Claims Act allegations that they knowingly billed Medicare for nerve conduction studies and alcohol/substance abuse assessments and interventions (SBIRT) that were medically unnecessary or not provided as billed, the Justice Department announced today. Margolin is a pain management physician in Columbus, Ohio.
“Billing Medicare for unnecessary services undermines the integrity of this important federal healthcare program and squanders taxpayer funds,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The Department will continue to work with its law enforcement partners to protect Medicare and its beneficiaries.”
Nerve conduction studies are used to measure how fast an electrical impulse moves through a person’s nerve. Electromyography is the study and recording of electrical activity in a person’s muscles. This testing is invasive in that it requires needle electrode insertion and adjustment at multiple sites. Performed together, the tests identify the presence and location of diseases that damage nerves and muscles. When a nerve conduction study is performed alone, the results can often be misleading, and it is considered medically unnecessary, except in limited circumstances not present here. SBIRT is an early intervention targeting those with substance abuse to provide effective strategies prior to the need for more extensive treatment. The government alleged that Margolin and his clinic billed Medicare for nerve conduction studies for patients who did not need them and without performing electromyography and for alcohol and/or substance assessments that were not necessary because the patients had no history of drug or alcohol abuse or where the services were not provided as billed.
“Attempting to make a profit by knowingly submitting false claims to Medicare will cost you in the end,” said U.S. Attorney David M. DeVillers of the Southern Disitrict of Ohio. “The U.S. Attorney’s Office remains committed to pursuing improper billing practices by doctors and other medical providers, and will hold them to their obligation to treat Medicare beneficiaries in an ethical manner, and request reimbursement from Medicare in accordance with all applicable rules and regulations.”
The allegations resolved by today’s settlement were identified by a government investigation that arose out of a critical analysis of Medicare claims data. The government’s settlement in this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Southern District of Ohio, and the Department of Health and Human Services Office of Inspector General.
The claims asserted against this defendant are allegations only, and there has been no determination of liability.
Colerain Township man charged with sexually exploiting a minor while on probation for different sex crimeRead the Press Release
CINCINNATI – A local registered sex offender has been charged federally with sexually exploiting a minor and possessing child pornography.
Nicholas J. Veerkamp, 28, of Colerain Township, was arrested yesterday and appeared in federal court today for allegedly taking explicit photographs of a child while she slept.
According to the criminal complaint and supporting affidavit, Colerain Township police received information in November 2019 alleging Veerkamp possessed sexually explicit photos of a known female minor on his laptop.
Further investigation of his computer revealed photographs depicting Veerkamp exposing and photographing a 9-year-old child from Indiana while she slept. A forensic examination of the photographs completed by the Hamilton County Sheriff’s Office – Regional Electronic Crimes Investigation unit indicates the images were created in October 2017.
At the time, Veerkamp was on local probation. He was charged in 2015 with unlawful sexual conduct with a child. He pleaded guilty in that local case to sexual imposition and was required to register as a sex offender.According to the complaint, Veerkamp did not register the address at which he was residing in Colerain Township.
This case was investigated by the FBI’s Child Exploitation Task Force.
Sexually exploiting a minor is a federal crime punishable by 25 to 50 years in prison when a defendant has prior sexual crime convictions. Possessing child pornography carries a potential sentence of 10 to 20 years when a defendant has prior sexual crime convictions. Congress sets the minimum and maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.
David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Colerain Township Police Chief Mark C. Denney; and Hamilton County Sheriff Jim Neil announced the charges. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Coeur d’Alene Man Pleads Guilty to Bank RobberyRead the Press Release
COEUR D’ALENE - Seth Patrick Getty, 24, of Coeur d’Alene, Idaho, pleaded guilty to bank robbery, U.S. Attorney Bart M. Davis announced today. Sentencing for Getty is set for May 5, 2020, before Chief U.S. District Court Judge David C. Nye.
According to court records, on March 12, 2018, Getty entered the Spokane Teachers Credit Union in Coeur d’Alene, intending to commit a robbery. Getty approached the teller and handed her a note, which read, “I have a gun. Hand over all 20’s 50’s 100’s or else. No Tricks.” The teller complied with the demand and after receiving some money, Getty ran from the bank. Officers quickly responded to the robbery. Based upon security footage from the bank and a local business, a tip from the community, and DMV vehicle records, investigators identified Getty as the perpetrator.
The charge of bank robbery is punishable by up to 20 years in federal prison, a maximum fine of $250,000, and a term of supervised release of at least five years.
This case was investigated by Federal Bureau of Investigation and Coeur d’Alene Police Department.
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Clarence Man Pleads Guilty to Gun Possession While Subject to A Domestic Violence OrderRead 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 Michael T. Blajszczak, 53, of Clarence, NY, pleaded guilty to possession of a firearm by a person subject to a domestic violence order of protection before U.S. Magistrate Judge Michael J. Roemer. The charge carry a maximum penalty of 10 years in prison and a 250,000 fine.
Assistant U.S. Attorney Emmanuel O. Ulubiyo who is handling the case, stated that a domestic violence order of protection was issued in Cheektowaga, NY, Town Court against the defendant on April 27, 2019, with an expiration date of October 27, 2019. As a result of the order, Blajszczak was prohibited from possessing any firearm during that time period. On May 2, 2019, the defendant knowingly possessed a .22 caliber rifle and 11 rounds of ammunition.
“Recently, Attorney General Barr announced the Project Guardian initiative, which is intended to strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners better to target offenders who use guns in crimes and those who try to buy or possess guns illegally,” stated U.S. Attorney Kennedy. “This prosecution is brought in furtherance of that initiative and provides an example of how the federal government will work side-by-side with local law enforcement to ensure that individuals who should not have guns will face federal prosecution if they seek to do so.”
The plea is the result of an investigation by Lancaster Police Department, under the direction of Chief William J. Karn, Jr.; the Amherst Police Department, under the direction of Chief John Askey; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing will be scheduled at a later date.
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Chicago Area Drug Trafficker Convicted of Drug and Firearms Offenses in East Central IllinoisRead the Press Release
URBANA, Ill. – A federal jury deliberated less than two hours before returning guilty verdicts late yesterday evening, Jan. 23, 2020, against Deon Evans, 35, of Markham, Ill., for trafficking methamphetamine, carrying or possessing a firearm during a drug trafficking crime, and unlawful possession of a firearm by a felon. Evans had previously pleaded guilty to distributing heroin in the same case. Sentencing for Evans has been scheduled on May 22, 2020, at the U.S. Courthouse in Urbana.
The government presented evidence over three days of trial to establish that Evans traveled from his residence in Markham to Iroquois County on July 29, 2016, where he met a DEA confidential source at the Pilot Gas Station at the Gilman exit off Interstate 57, and distributed 48.4 grams of heroin to the source in exchange for $4,500. During the video and audio-recorded meeting, Evans also offered to sell ecstasy to the confidential source. On Aug. 24, 2016, Evans brought an associate and two loaded firearms to the same location to meet the same source. During this meeting, Evans sold the confidential source 124.3 grams of heroin for $11,250.
After selling the heroin on Aug. 24, Evans’ BMW was stopped by troopers with the Illinois State Police as it was heading north on Interstate 57. During the search of Evan’s car, troopers found the $11,250 in proceeds used to purchase the heroin hidden under the back seat of the BMW, along with the two fully loaded firearms, an extra magazine, and 173 ecstasy pills that contained methamphetamine. Trial evidence established that Evans obtained one of those firearms – a Glock, Model 30, .45 caliber, semi-automatic pistol – by trading a heroin user two grams of heroin and $100 in exchange for the gun, which had been stolen from Indiana. Evans’ DNA was later found on the bottom of the magazine of this gun. Additional trial evidence showed that Evans used two women – known as “straw purchasers” – to purchase guns for him in Birmingham, Alabama.
Evans remains in the custody of the U.S. Marshals Service. At sentencing, Evans faces statutory penalties of a minimum of five years and up to 40 years in prison for distribution of more than 100 grams of heroin (one count); and, for carrying or possessing a firearm during a drug trafficking crime (two counts), the penalty is a minimum of 25 years in prison, to be served consecutive to any other sentence imposed for the underlying drug trafficking crime. The maximum penalty for trafficking methamphetamine is up to 30 years in prison and for possession of firearm by a felon, up to 10 years in prison.
The case investigation was conducted by the Drug Enforcement Administration, Chicago Division, Springfield Resident Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives, Springfield, Ill., and Birmingham Field Offices; and, the Illinois State Police. Assistant U.S. Attorneys Eugene L. Miller and Rachel E. Ritzer represented the government at trial.
California Real Estate Developer Sentenced to 15 Months for Making Conduit Contributions in Two U.S. Congressional CampaignsRead the Press Release
Oakland-area real estate developer James Tong was sentenced to 15 months today for funneling tens of thousands of dollars of his own money through straw donors into two consecutive congressional campaigns for a member of the U.S. House of Representatives.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, United States Attorney David L. Anderson for the Northern District of California, and Special Agent in Charge John F. Bennett of the FBI’s San Francisco Field Office made the announcement.
Tong, 74, of Fremont, California, was sentenced by U.S. District Judge Jon S. Tigar of the Northern District of California.
A federal jury convicted Tong on Oct. 8, 2019, of two counts of making contributions to a federal campaign in the names of other individuals. According to the evidence presented at trial, in 2012 and 2013 Tong made $38,000 in conduit contributions to the initial and reelection campaigns of a candidate who was running for the U.S. House of Representatives. Tong provided envelopes of cash to his bank manager and another business associate and directed them to give the cash to individuals in the community, who then used Tong’s cash to write checks in their own names to the campaign for the U.S. congressional candidate Tong was supporting. Tong leveraged financial obligations and the implied loss of business opportunities to induce his bank manager and business associate to distribute cash in the community to be donated. The network of straw donors included dozens of conduits, including at least one foreign national who was not eligible to make donations to federal elections. Tong also directed his middlemen to conceal the scheme by instructing the straw donors not to deposit the cash; and he later directed one of the middlemen to withhold information from the FBI after he was interviewed.
On Aug. 31, 2017, a federal grand jury indicted Tong charging him with two counts of making and causing campaign contributions in the name of another, in violation of 52 U.S.C. §§ 30122 and 30109(d)(1)(D). The jury found Tong guilty of both counts.
As part of the sentence, Judge Tigar found that Tong obstructed justice when he told his middlemen to not deposit cash given to them. Judge Tigar also sentenced the defendant to a one-year period of supervised release and a $380,000 fine.
The FBI conducted the investigation. Trial Attorneys Amanda R. Vaughn and Rebecca G. Ross of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney S. Waqar Hasib of the Northern District of California prosecuted the case.
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.
Baltimore Heroin and Fentanyl Dealer Sentenced to More Than 10 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Maximo Gondres-Medrano, age 35, of Baltimore, Maryland, to 10 years and one month (121 months) in federal prison, followed by 5 years of supervised release, on the federal charge of possession with intent to distribute more than 400 grams of fentanyl and heroin. Gondres-Medrano was convicted on October 9, 2019, after a three-day jury trial.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge John Eisert of Homeland Security Investigations (HSI) Baltimore; and Commissioner Michael Harrison of the Baltimore Police Department.
“State and federal law enforcement and prosecutors in Baltimore City are working together to arrest and prosecute those who peddle deadly fentanyl on our streets and in our neighborhoods,” said U.S. Attorney Robert K. Hur. “I am grateful to Baltimore City State’s Attorney Marilyn Mosby, who shares my resolve and has cross-designated an Assistant State’s Attorney from her office, so that we are effectively using our resources to coordinate our efforts. We are committed to reducing overdose deaths from fentanyl and from all opioids.”
“The fentanyl this individual was dealing had potential to kill thousands of people. He chose to pursue profit over the lives and livelihoods of the people of Baltimore,” said John Eisert Homeland Security Investigations (HSI) special agent in charge of the Baltimore field office. “HSI is committed to ending the opioid scourge through continued collaboration with our state, local, and federal law enforcement partners.”
According to evidence presented at his three-day trial, on September 8, 2017, federal law enforcement prepared an operation to arrest and search Gondres-Medrano based on information that he would be transporting a large quantity of narcotics. The agents observed Gondres-Medrano leave his residence in the 800 block of Whitelock Avenue, in Northwest Baltimore, carrying a shoebox believed to contain narcotics, and then enter the passenger seat of a vehicle. The vehicle was stopped and law enforcement recovered the box, which contained a wrapped package of almost 793 grams of a mixture of heroin and fentanyl—a quantity sufficient to kill hundreds of thousands of people. During the investigation, federal law enforcement learned that on August 24, 2017, Gondres-Medrano received a shipment of suspected narcotics in a commercial mail shipping envelope from Mexico. Gondres-Medrano used his phone to record a series of instructional videos of himself opening the envelope while he demonstrated how the narcotics were successfully concealed within the envelope so that it would not be detected. In the videos, Gondres-Medrano filmed himself opening the envelope, peeling back a black film that masked the drugs that came from Mexico, and showing the suspected heroin/fentanyl to viewers.
In a recorded interview with law enforcement after his arrest, Gondres-Medrano admitted that the August 24, 2017 shipping envelope contained heroin, and provided information about his drug trafficking activity. Gondres-Medrano admitted that he had multiple sources of supply of heroin and ordered kilogram-sized quantities from them. Gondres-Medrano testified at trial and denied that he carried the shoebox of narcotics to the car on September 8, 2017, and asserted that he never looked inside the nearly 793 gram package to see that it contained narcotics. However, on cross examination, he admitted that he had taken delivery of the narcotics, which he knew to contain heroin, from one of his sources of supply in order to deliver it to another individual.
United States Attorney Robert K. Hur commended the FBI, HSI, and the Baltimore Police Department for their work in the investigation. Mr. Hur thanked Special Assistant U.S. Attorney Jeffrey M. Hann, an Assistant State’s Attorney from the Office of the State’s Attorney for Baltimore City who is cross-designated to handle fentanyl and other drug cases in federal court, and Assistant U.S. Attorney Derek E. Hines, who prosecuted the case.
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Ashland Man Sentenced to Prison for Representative Payee FraudRead the Press Release
LEXINGTON, Ky. - An Ashland, Kentucky man, Michael Allen Artrip, 68, was sentenced in federal court on Friday, to 13 months in federal prison, by U.S. District Judge David Bunning, for unlawfully utilizing representative payee funds, which were received on behalf of individuals living in the Artrip Personal Care Home in Ashland.
Artrip admitted in his plea agreement that, in his role as part owner of Artrip Personal Care home, he received representative payee benefits from the Social Security Administration, on behalf of certain individuals living in his personal care home. According to the plea agreement, between November 2013 and November 2017, Artrip received representative payee funds for more than twenty individuals, totaling $241,142. Artrip admitted he spent a total of $97,806 of those representative payee funds on expenses unrelated to the use and benefit of the beneficiaries, including on his two rental properties and personal farm.
Artrip pled guilty in August 2019. As part of his plea agreement, Artrip agreed pay $97,806 in restitution to the victims. Pursuant to the plea agreement, Artrip also agreed to sell the personal care home and withdraw as the representative payee for any current Social Security beneficiaries.
Under federal law, Artrip must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Wayne R. Warren, Acting Special Agent in Charge, Atlanta Field Division of the Social Security Administration, Office of Inspector General, jointly made the announcement.
The investigation is part of the Department of Justice’s Elder Justice Initiative and was assisted by the Kentucky Elder Justice Task Force, which is comprised of federal, state, and local law enforcement and government agencies working together to protect the Commonwealth’s elderly population from fraud and abuse.
The investigation was directed by the SSA-OIG. The United States was represented by Assistant U.S. Attorney Kate K. Smith.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Ashland Man Pleads Guilty to Bank RobberyRead the Press Release
ASHLAND, Ky. - An Ashland man, Danny P. Chaffin Jr., 38, admitted to bank robbery in federal court Friday, before U.S. District Judge David L. Bunning.
According to Chaffin’s plea agreement, he admitted that on April 5, 2019, by intimidation, he took money from the Bluegrass Community Federal Credit Union in Ashland. Chaffin admitted to wearing a black mask and running into the Credit Union and demanding the teller to “Give me all the money now!” The teller complied, and Chaffin was able to take $12,506. Chaffin was arrested the following day in possession of $10,256 of the bank’s money.
Chaffin was indicted in October 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Chief Todd Kelley, Ashland Police Department; jointly announced the guilty plea.
The investigation was conducted by the FBI and Ashland Police Department. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Will Moynahan.
The investigation was conducted by the Ashland Police Department and the FBI. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Will Moynahan.
Chaffin is scheduled to be sentenced on April 13, 2020. He faces up to 20 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
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Armed Cocaine Dealer Sentenced to 15 YearsRead the Press Release
MADISON, WIS. - Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Martell Norris, 37, Chicago, Illinois was sentenced yesterday by U.S. District Judge James D. Peterson to two concurrent 15-year prison terms for possessing cocaine base (crack cocaine) with intent to distribute and possessing a loaded firearm as a felon.
Norris pled guilty to these offenses on October 31, 2019. On May 16, 2019, he arranged to sell cocaine to one of his customers. Law enforcement learned of the planned sale, which was to occur on East Washington Avenue in Madison, and moved in to arrest Norris. Norris fled in a vehicle, triggering a high-speed chase, during which he nearly hit a police officer and caused a nearby bicyclist to crash. Shortly thereafter, Norris ran into an apartment building on South Blount Street where he was arrested.
At the South Blount Street location, Norris discarded a backpack he had been wearing down a trash chute that emptied in a ground level dumpster. In the dumpster, officers found Norris’s backpack which contained 125 grams of powder cocaine, 75 grams of crack cocaine, a digital scale, and a loaded, semiautomatic pistol.
While Norris was subject to a 15-year minimum mandatory based on his firearm possession after having been convicted of three violent felonies, Judge Peterson indicated that he would have provided Norris the same sentence even if no minimum mandatory applied. The facts at sentencing showed that Norris was a kilogram-level cocaine dealer and possessed additional high powered firearms. Judge Peterson explained that a lengthy prison term was necessary to protect the public from Norris because he used firearms in his drug dealing business and because, in selling large quantities of cocaine, he exploited addicts and drove them into poverty.
The charges against Norris were the result of an investigation conducted by the Drug Enforcement Administration, Wisconsin Department of Justice Division of Criminal Investigation, Dane County Narcotics Task Force, and Mauston Police Department. Assistant U.S. Attorney Timothy M. O’Shea handled this case.
This case was brought as part of the Project Safe Neighborhoods (PSN) initiative, the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Anchorage Man Sentenced for Drug Distribution and Money Laundering SchemeRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that an Anchorage man has been sentenced to federal prison for distributing methamphetamine, and for laundering drug proceeds through an auto loan for his Mercedes Benz.
Abel Cruz-Perez, 24, of Anchorage, was sentenced on Wednesday, Jan. 22, 2020, by Sr. U.S. District Judge Ralph R. Beistline to serve 33 months in prison, followed by five years of supervised release. In September 2018, Cruz-Perez pleaded guilty to one count of money laundering and one count of distribution of methamphetamine.
According to court documents, on Oct. 24, 2016, Cruz-Perez knowingly distributed 50 grams or more of methamphetamine to another individual, and previously, on Dec. 8, 2014, Cruz-Perez also attempted to possess cocaine with the intent to distribute it to another individual.
On March 25, 2017, Cruz-Perez purchased a 2013 Mercedes Benz C-Class from an automobile dealership in Anchorage. Cruz-Perez obtained financing from a federally insured credit union to purchase the vehicle, and on his application, he provided his employment at J&S Commercial Services as the source of his monthly income. Between April 7 and Aug. 8, 2017, Cruz-Perez paid off a portion of the vehicle loan, sometimes transferring money from his credit union account to pay off the loan. The source of the funds transferred from his account to his loan included cash, as well as postal money order deposits, into his credit union account.
The investigation revealed that the source of the funds used to pay off his vehicle loan in whole or in part came from the distribution of controlled substances. Specifically, Cruz-Perez provided false information on his loan application and used his personal credit union account to conceal the true source and nature of the funds used to pay the vehicle loan.
The Internal Revenue Service, Criminal Investigation (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); Homeland Security Investigations (HSI), and the U.S. Postal Inspection Service (USPIS) conducted the investigation leading to the successful prosecution of this case. This case was prosecuted by Assistant U.S. Attorney Stephan Collins for the U.S. Attorney’s Office, District of Alaska.
Allahjuan Calhoun Imprisoned for Gun PossessionRead the Press Release
The United States Attorney for the District of Vermont announced that Allahjuan Calhoun, 29, of Yonkers, NY, was sentenced yesterday in United States District Court in Burlington to 26 months of imprisonment following his guilty plea to a charge of being a felon in possession of a firearm. U.S. District Judge Christina Reiss also ordered that Calhoun serve a two-year term of supervised release following completion of his prison term.
On January 31, 2019, law enforcement authorities arrested Calhoun on state charges of aggravated domestic assault and possessing a firearm as a prohibited person. The arrest took place after state and federal officers executed a search warrant at a residence in Barre where Calhoun had been staying. During the search, officers seized a .38 caliber revolver that had Calhoun’s DNA on it. The state dismissed its charges last May after a federal grand jury indicted Calhoun for being a felon in possession of the gun. Calhoun pled guilty to the federal charge in October. Calhoun is prohibited from possessing firearms because of a 2017 Vermont felony conviction for possessing heroin.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms and the Barre Police Department.
Calhoun is represented by Assistant Federal Public Defender David McColgin. The prosecutor is Assistant U.S. Attorney Gregory Waples.
4 Members of an Aiken County Drug Conspiracy Sentenced in Federal CourtRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced today that Scott Dylan Green, Joseph Price Langford, Ricardo Dunbar, and James Clinton Gunter, Jr., all of Aiken County, were sentenced in federal court for their involvement in a methamphetamine and heroin conspiracy.
United States District Judge J. Michelle Childs of Columbia sentenced Green to 210 months in federal prison, followed by 5 years of court-ordered supervision. Langford was sentenced to 180 months in federal prison followed by 5 years of court-ordered supervision. Dunbar was sentenced to 120 months in federal prison followed by 8 years of court-ordered supervision. Gunter was sentenced to 84 months in federal prison followed by 4 years of court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court when the defendants pleaded guilty established that the Drug Enforcement Administration initiated an investigation into the narcotics distribution activities of co-defendants Kenneth Evans and Eddie Brockington. Evans is an inmate in the South Carolina Department of Corrections and Brockington is an inmate in the Georgia Department of Corrections. Through controlled purchases and other investigative techniques, agents learned that members of the conspiracy purchased and distributed large amounts of methamphetamine and/or heroin for Evans and Brockington. Some of the individuals charged were responsible for transporting multi-kilogram amounts of methamphetamine and heroin into South Carolina and then distributing the drugs throughout the state. Brockington and Evans have pleaded guilty to the conspiracy charge against them and are awaiting sentencing.
The case was investigated by agents of the Drug Enforcement Administration and the Aiken County Sheriff's Office. Assistant United States Attorney William K. Witherspoon of the Columbia office prosecuted the case.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Thursday 23 January 2020
Waterbury Man Sentenced to 5 Years in Federal Prison for Supplying Heroin and Crack to Street GangRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CYRUS BRADFORD, 43, of Waterbury, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking heroin and crack cocaine
According to court documents and statements made in court, in the fall of 2017, the FBI, ATF and Waterbury Police Department began an investigation into drug trafficking by suspected members of “Addicted to Money,” also known as “ATM,” a violent street gang operating in Waterbury. The investigation, which included court-authorized wiretaps, physical surveillance and controlled purchases of heroin and crack, revealed that Bradford supplied distribution quantities of narcotics to members and associates of ATM.
The investigation resulted in federal charges against Bradford and 10 other individuals.
Bradford has been detained since his arrest on July 17, 2018. On July 23, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin and 28 grams or more of cocaine base (“crack”).
This matter is being investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Waterbury Police Department’s Gang Task Force. The case is being prosecuted by Assistant U.S. Attorneys Patrick F. Caruso and Natasha M. Freismuth.
Washington Parish Man Sentenced to Eleven Years for Gun and Heroin OffensesRead the Press Release
NEW ORLEANS, La. – U.S. Attorney Peter G. Strasser announced that ALEX MILLER, age 37, from Washington Parish, Louisiana, was sentenced to 130 months in prison in connection with his convictions for heroin and gun charges.
On July 23, 2019, MILLER pled guilty to conspiring to distribute 100 grams or more of heroin, two counts of possessing a firearm despite being a felon, and one count of possessing a firearm in furtherance of drug trafficking.
For the heroin conspiracy charge and the two felon-in-possession charges, Judge Wendy B. Vitter sentenced MILLER to (5) five years (60 months) in prison. For the charge of possessing a firearm in furtherance of drug trafficking, Judge Vitter sentenced MILLER to 70 months in prison, consecutive to his sentences for the other counts. This resulted in a total sentence of 130 months in prison. MILLER’s term of imprisonment will be followed by (4) four years of supervised release.
MILLER’s codefendant, LARRY DAVIS, pled guilty on August 6, 2019 to the same heroin conspiracy charge and a single count of possessing a firearm as a felon. Judge Wendy B. Vitter set sentencing for DAVIS for March 10, 2020.
U.S. Attorney Strasser praised the work of the Drug Enforcement Administration, the Louisiana State Police, the Washington Parish Sheriff’s Office Drug Task Force, and the Bogalusa Police Department. Assistant United States Attorneys Nicholas D. Moses and André Jones are in charge of the prosecution.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Wallingford Man Sentenced to 2 Years in Federal Prison for Bankruptcy FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOEL C. RILEY, 48, of Wallingford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 24 months of imprisonment, followed by three years of supervised release, for bankruptcy fraud.
According to court documents and statements made in court, between approximately April 2015 and July 2016, Riley fraudulently applied for and obtained loans and lines of credit in the name of another individual (“the victim”), without the victim’s knowledge or permission, using her name and personal information. By December 2016, the outstanding debt on those loans was approximately $211,142, and Riley did not have the intent or the ability to repay the debt.
On December 15, 2016, Riley visited an attorney claiming that he had power of attorney for the victim. Riley informed the attorney that the victim was ill and that Riley wanted to file a bankruptcy petition on her behalf. The attorney told Riley that the attorney needed to meet with the victim to confirm her identity.
After several delays, on June 6, 2017, Riley and a woman claiming to be the victim (“the imposter”) met with the attorney at his office. Riley had recruited the imposter to impersonate the victim and provided the imposter with the victim’s Connecticut driver’s license, which Riley had taken from the victim without her knowledge or permission. During the meeting with the attorney, the imposter presented the driver’s license as identification. The parties subsequently reviewed and signed a Chapter 7 bankruptcy petition, which the attorney filed with the U.S. Bankruptcy Court for the District of Connecticut. The petition listed unsecured debts of approximately $277,000.
Later in June 2017, the victim tried to use a department store credit card and learned that a bankruptcy petition had been filed in her name, without her knowledge and authorization. On June 28, 2017, the victim met with the attorney and stated that she did not file for bankruptcy. That same day, Riley sent an email to the attorney stating “I clearly owe you more than an apology and clearly have not been in the right frame of mind. I need to make this right. And I know that exposes myself. You have done so much for me and I betrayed that. Please let me know what I can do to resolve this.” The attorney then notified the bankruptcy court.
The victim testified in bankruptcy court that her identification had been missing from her wallet when the petition was filed. She further testified that, other than a student loan, all of the other unsecured debt listed in the bankruptcy petition was not her debt and that Riley had impersonated her in the past in order to obtain credit. On July 21, 2017, the bankruptcy court dismissed the false bankruptcy petition in the victim’s name.
At the time he fraudulently obtained the loans, Riley was employed by the Connecticut Judicial Branch as a human resources manager.
Riley was arrested on a federal criminal complaint on May 7, 2018.
Judge Thompson ordered Riley to pay restitution of $211,142 to the victim financial institutions.
In addition to this criminal conduct, the investigation revealed that in at least 19 separate instances over more than a decade, Riley obtained or attempted to obtain loans from financial institutions using the identities of family members without their knowledge or permission.
Riley, who is released on a $100,000 bond, is required to report to prison on March 25.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
U.S. Postal Service Contractor Arrested for TheftRead the Press Release
SAN FRANCISCO – Christopher Ernest Rocha was charged in a criminal complaint with theft of public money, announced United States Attorney David L. Anderson and Postal Inspector in Charge Rafael E. Nuñez, United States Postal Inspection Service. The criminal complaint was signed following Rocha’s arrest on January 21, 2020, and his appearance the next day before the Honorable Sallie Kim, U.S. Magistrate Judge.
According to an affidavit filed by a postal inspector of the U.S. Postal Inspection Service, Rocha, 50, of Fresno, Calif., was employed as a driver by an independent trucking company that supplies transportation services to the U.S. Postal Service (“USPS”). Rocha transported U.S. mail, as well as money and other USPS property, from post offices in Sonoma County to a USPS processing and distribution center in San Francisco.
As stated in the affidavit, on January 21, 2020, Rocha took custody of and signed for a mail bag from the Healdsburg Post Office. Surveillance showed Rocha carry what appeared to be the same bag to the cab of his truck before leaving Healdsburg. Rocha then drove to the Santa Rosa Main Post Office, where surveillance indicated that he disposed of a torn USPS remittance pouch used to store cash for transport. From Santa Rosa, Rocha drove to San Francisco, where he was arrested. A search of the cab of Rocha’s truck revealed a stack of over $5,000 in cash. Serial numbers on the bills matched those placed in the mail bag at the Healdsburg Post Office.
The affidavit suggests that Rocha has stolen the cash inside of mail bags on a number of occasions and that he used the money to pay bills, buy drugs, and buy a Corvette.
Rocha is charged with one count of theft of public money, in violation of 18 U.S.C. § 641.
Rocha made his initial appearance this morning in federal court before Magistrate Judge Sallie Kim. Magistrate Judge Kim released Rocha on a $50,000 bond and scheduled his next court appearance for February 11, 2020, for preliminary hearing or arraignment.
A criminal complaint merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted on the charge in the criminal complaint, the defendant would face a maximum sentence of 10 years’ imprisonment, three (3) years’ supervised release, and a fine of $25,000, plus restitution if appropriate. However, any sentence following conviction would only be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kevin Rubino is prosecuting the case. The prosecution is the result of an investigation by the U.S. Postal Inspection Service.
U.S. Attorney, COPS Program Honor Rhode Island Law EnforcementRead the Press Release
PROVIDENCE – More than forty local, state, and federal law enforcement officers and agents were honored today by United States Attorney Aaron L. Weisman and prosecutors from the United States Attorney’s Office for their investigative work on several large-scale, highly impactful criminal and civil cases charged and prosecuted in federal court in Providence.
Agents from six federal and thirteen local and state law enforcement agencies were honored for their extraordinary efforts, resulting in successful prosecutions and convictions in virtually every area of federal enforcement, from gang and gun violence, drug trafficking, and those who prey on minors, to white collar financial offenses and health care fraud schemes involving fraudulent billing and accepting kickbacks in exchange for prescribing highly addictive opioid drugs.
In recognizing forty-five law enforcement officers and agents at today’s ceremony, United States Attorney Aaron L. Weisman told the honorees, “Our office cannot do its job without the dedication, commitment, energy, and grit that each and every member of law enforcement brings to their profession day in and day out. And for that, we owe each and every member of law enforcement our gratitude and our thanks.”
Additionally, at today’s United States Attorney’s Law Enforcement Awards Ceremony, the Department of Justice’s Community Oriented Policing Services (COPS) program presented Rhode Island a certificate signifying the law enforcement community’s commitment to protecting the safety and lives of all law enforcement across the state, by establishing a Blue Alert Plan.
The certificate, presented to Rhode Island State Police Colonel and Rhode Island Public Safety Commissioner James Manni, acknowledges Rhode Island’s participation in the National Blue Alert Network, along with 34 other states.
Blue alerts provide for rapid dissemination of information to law enforcement, the media, and the public about violent offenders who have killed, seriously injured, or pose an imminent threat to law enforcement. Blue Alerts can also be used to help locate a member of law enforcement missing in connection with official duties.
“There could scarcely be a more worthwhile endeavor than protecting Rhode Island law enforcement from violent criminals who have done or would do serious harm to them. In joining 34 other states in providing for the rapid dissemination of information to law-enforcement agencies, media, and the public about violent offenders who have killed, seriously injured, or pose an imminent and credible threat to law enforcement, Rhode Island continues to demonstrate its commitment to the vital mission served by our law enforcers,” said US Attorney Aaron L. Weisman.
"As a law enforcement executive with over 50 years of experience in this noble profession, it’s an honor and a privilege to administer the National Blue Alert Network,” said COPS Office Director Phil Keith. “Violent attacks on law enforcement officers constitute an assault on the American way of life and erode the actual and perceived safety of affected communities and our nation as a whole. The COPS Office and the entire Department of Justice applaud the state of Rhode Island for their commitment to law enforcement by affording this vital tool to its law enforcement officers and communities they serve.”
There are currently 35 states with Blue Alert plans. The COPS Office provides resources and technical assistance to states, territories, law enforcement agencies, and tribes seeking to establish or enhance Blue Alert plans; including, voluntary activation guidelines, examples of legislation, policies, and forms gathered from around the nation in a central Blue Alert data repository.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 130,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov
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U.S. Attorney's Office personnel recognized for outstanding performanceRead the Press Release
DAYTON – David M. DeVillers, U.S. Attorney for the Southern District of Ohio, honored the work of 11 district employees by presenting them with the 2019 U.S. Attorney’s Awards for Outstanding Performance.
“These individuals continually demonstrate the willingness to go above and beyond the call of duty in order to bring justice on behalf of the people of southern Ohio,” said U.S. Attorney DeVillers.
Those receiving recognition are:
- Brent G. Tabacchi for Outstanding Performance by an Assistant U.S. Attorney.
Mr. Tabacchi carried the largest caseload in the Dayton office in 2019, spanning almost every substantive area of federal criminal law. In 2019, he was responsible for federal charges against 60 defendants in 34 cases, including Dayton City Commissioner Joey Williams, who pleaded guilty to public corruption, and against 19 defendants in a large drug trafficking investigation. Tabacchi also helped bring federal charges that could carry the death penalty against three defendants in connection with the murder of DEA Task Force Officer Jorge Del Rio. Tabacchi’s 2019 contributions to the community in the enforcement of drug laws led to the seizure of more than 50 kilograms of fentanyl, heroin or mixtures thereof. In addition, he presented arguments before the U.S. Sixth Circuit Court of Appeals, and won a jury conviction of a defendant on weapons charges who claimed that the DEA authorized him to commit non-violent offenses.
- Appellate Chief Mary Beth Young, Assistant U.S. Attorney Kimberly Robinson, and Paralegal Laura Griffin for Outstanding Performance by a Litigative Team.
This appellate team is recognized for its extraordinary handling of the complex appeals stemming from the Short North Posse criminal trials. The team briefed and argued two separate appeals, ultimately resulting in the affirmance of the vast majority of the convictions and life sentences in the case. The appeals were lengthy and contentious. The five defendants tried jointly filed a 200-page consolidated opening brief. Ms. Young led the District’s response, with Ms. Robinson serving as co-counsel and Ms. Griffin providing paralegal assistance, which included pouring over extensive trial evidence and listening to voluminous recording. Ms. Robinson handled the lead defendant’s separate appeal, stemming from his separate trial. The court held oral arguments in both appeals, including a lengthy oral argument on the consolidated appeal involving five separate defense counsel arguing against Ms. Young, before ruling in the government’s favor.
- AUSAs Ken Affeldt, Maritsa Flaherty, and Tim Oakley, and Paralegal Kelly Terry for Outstanding Contribution to the Mission of the U.S. Attorney’s Office.
The four individuals are recognized for their extraordinary work in 2019 in combatting the opioid epidemic in Ohio. During this past year, members of this group brought to indictment the Miami-Luken case, a large and complex prosecution of a significant opioid pill distributor, the company’s executives and certain pharmacists. Ms. Flaherty and Mr. Affeldt successfully tried the Bernard Oppong case and handled sentencing in the related Bryant and Kusi cases, all the while ably assisted by Ms. Terry. They accomplished this, while simultaneously leading the health care fraud task force and handling health care fraud, other pill mill and related cases.
- Megan Black for Outstanding Performance in Administration.
As part of a District evaluation, the District underwent a full Human Resources Audit. Ms. Black led the District’s preparation for the audit, responding to the data and other requests of the auditors, and otherwise addressing the needs of audit. The auditors found no “red flags,” which is significant and reflective of her extraordinary work in the HR field, and the processes she and the Administration team have in place to ensure compliance with the numerous HR-related requirements. At the same time, she “on-boarded” an extraordinary number of new employees.
- Krista Zeller for Outstanding Performance in Legal Support.
In addition to fulfilling her victim-witness functions with skill and expertise, Ms. Zeller absorbed additional duties, including criminal paralegal functions and administrative tasks. Her willingness to go above and beyond to assist the Cincinnati office during a staffing shortage in 2019 did not go unnoticed and should be commended.
- Michelle Gable for Outstanding Performance by a Contract Employee.
The Southern District of Ohio typically has at least two asset forfeiture contract employees in the Columbus office. For much of 2019, Ms. Gable was the only asset forfeiture contractor there. She has become a “go-to” resource for the attorneys and other personnel in Columbus on forfeiture matters, assisting with meeting the asset forfeiture needs of the Columbus office with skill and enthusiasm.
The U.S. Attorney’s Office serves the approximately 5.5 million residents of 48 counties in Ohio and maintains offices in Columbus, Cincinnati and Dayton. The award ceremony occurred in Dayton.
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Two Men Indicted for Conspiracy to Traffic Methamphetamine and Fentanyl in Tulare CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Saul Giovanni Solis Ontiveros, 24, of Pixley, and Eduardo Garcia, 20, of McFarland, charging them with conspiring to distribute over 160 pounds of methamphetamine and approximately 300 fentanyl pills, U.S. Attorney McGregor W. Scott announced.
According to court documents, the defendants were stopped in a routine traffic stop in Pixley. Through the rear windows of the car, officers saw two buckets with a white crystalline substance on the rim of the lids. Eventually, further searches of the car and two residences located over 160 pounds of methamphetamine, over 200 pounds of liquid methamphetamine, and approximately 300 pills containing fentanyl. Inside both residences law enforcement officers found active methamphetamine conversion laboratories.
This case is the product of an investigation by the Drug Enforcement Administration and the Tulare County Sheriff’s Office with assistance from the California Department of Justice. Assistant U.S. Attorney Katherine Schuh is prosecuting the case.
If convicted, Ontiveros and Garcia face a mandatory minimum sentence of 10 years in prison, a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Twenty-Two Time Convicted Felon Charged with Being A Felon in Possession of A FirearmRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Michler Gabriel (38, Tampa) with being a convicted felon in possession of a firearm. If convicted, Gabriel faces a mandatory minimum sentence of 15 years, and up to life, in federal prison. The indictment also notifies Gabriel that the United States intends to forfeit the firearm and ammunition used in the offense.
According to the indictment, on September 26, 2019, Gabriel was found to be in possession of a firearm and several rounds of ammunition. Gabriel was previously convicted of 22 felonies, including drug and firearm offenses, child abuse, and forgery. As a previous convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It will be prosecuted by Assistant United States Attorney Callan Albritton.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Troy Man Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Kurtis Walter, age 26, of Troy, New York, pled guilty yesterday to distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Walter admitted that, in November 2017, he used a laptop computer equipped with an Internet-based instant messaging and file-sharing application to distribute child pornography. He also admitted to using the same laptop to search for and download child pornography, which he accessed through sites located on the Internet’s “dark web.” Walter’s laptop and external devices contained approximately 98 video files and 2,349 image files depicting child pornography.
Sentencing is scheduled for May 26, 2020 before United States Judge Mae A. D’Agostino.
Walter faces a minimum term of imprisonment of 5 years, and a maximum term of imprisonment of 20 years. The Court is also required to impose a term of supervised release of between 5 years and life, and Baker will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors
This case was investigated by the FBI, with assistance from the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Three Men Indicted for Murder-For-Hire Conspiracy Resulting in Martin Luther King, Jr. Observance Day MurdersRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of a superseding indictment charging Kermon Williams, a/k/a “The General” (42, St. Petersburg), James Higgs, Jr., a/k/a “Hammer” (40, St. Petersburg), and Jhaphre Higgs, a/k/a “Pre,” (35, St. Petersburg) in relation to the murders of Roger Lee Ford Jr. (42), and Tywan Jeremiah Armstrong (39), which occurred in St. Petersburg on January 21, 2019, on Martin Luther King, Jr. Observance Day. The superseding indictment also notifies the defendants that the United States intends to forfeit firearms and ammunition, which are alleged to be involved in certain charged offenses. Attached is a chart summarizing the charges and potential penalties relating to each defendant.
According to the superseding indictment, Williams asked Jhaphre and James Higgs, Jr. to kill Armstrong, who Williams saw as a threat to his drug business. Williams offered to pay them with drugs and money. The indictment alleges that the Higgses shot and attempted to kill Armstrong in September 2018, but Armstrong survived. Then on January 21, 2019, on Martin Luther King, Jr. Observance Day, the Higgses shot and killed Tywan Armstrong and Roger Ford, and injured a third victim. The indictment further alleges that both James and Jhaphre Higgs were convicted felons, who unlawfully possessed the firearms and ammunition used in the murders and that Jhpahre Higgs possessed additional firearms and ammunition on other dates.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Petersburg Police Department. Both agencies have offered a $10,000 reward for information leading to the conviction of the persons responsible for the homicides. This case will be prosecuted by Assistant United States Attorney Natalie Hirt Adams.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Tampa Man Sentenced for Selling CocaineRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces that U.S. District Judge William F. Jung today sentenced Manuel Alfonso Munoz (48, Tampa) to 9 years and 3 months in federal prison for selling cocaine.
Munoz had pleaded guilty on February 27, 2019.
According to court documents, Munoz sold cocaine to a confidential informant on six occasions. The total amount of cocaine sold by Munoz was over 400 grams.
This case was investigated by the Drug Enforcement Administration and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.
Tampa Man Sentenced for Being A Felon in Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Marqui M. Newton (28, Tampa) to 3 years and 10 months in federal prison for being a felon in possession of a firearm. The court also ordered Newton to forfeit the firearm and ammunition used in the offense.
Newton had pleaded guilty on October 18, 2019.
According to court documents, Newton was a passenger in a vehicle that fled from officers during a traffic stop. After the car eventually came to a stop, Newton got out of the car and fled on foot behind a building. Officers in a police helicopter observed Newton drop something, and when officers on the ground went to investigate, they discovered a loaded gun with Newton’s fingerprints on it.
As a previously convicted felon, Newton is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Callan Albritton.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Smith County Landscaper Guilty of Failing to Pay Payroll TaxesRead the Press Release
TYLER, Texas – A 46-year-old Whitehouse, Texas business owner has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Miles Brosang pleaded guilty to one criminal count of willful failure to collect or pay over tax before U.S. Magistrate Judge K. Nicole Mitchell on Jan. 22, 2020.
According to information presented in court, Brosang was the only director, sole shareholder, and general manager of Brosang’s Landscaping, Inc. As such, he exercised control over every aspect of the business affairs of Brosang’s Landscaping, Inc., including approving all payments by the company and controlling all of the bank accounts of Brosang’s Landscaping, Inc.
During the third quarter of 2015, between approximately July 1, 2015, and September 30, 2015, Brosang’s Landscaping, Inc. withheld payroll taxes from its employees’ paychecks, including federal income taxes, and Medicare and social security taxes (often referred to as Federal Insurance Contribution Act or “FICA” taxes.) Brosang knew that Brosang’s Landscaping, Inc. was required to make deposits of the payroll taxes to the Internal Revenue Service on a periodic basis.
In his capacity with Brosang’s Landscaping, Inc., Brosang was a “responsible person,” that is, he had the corporate responsibility to collect, truthfully account for, and pay over the payroll taxes for Brosang’s Landscaping, Inc. During the third quarter of 2015, Brosang’s Landscaping, Inc. failed to make required payments to the Internal Revenue Service. As a responsible person, Brosang knew that Brosang’s Landscaping, Inc. had a duty to pay, and the ability to make, the required payments, and he intentionally and willfully failed to make and pay over, or have Brosang’s Landscaping, Inc. make and pay over, the payments. The amount of taxes that should have been, and was not, paid over for the third quarter of 2015 is $49,704.47. The total of payroll taxes that should have been, and was not, paid over is $229,552.
“Business owners need to understand the importance of their obligations in the withholding of payroll taxes,” said United States Attorney Joseph D. Brown. “They hold those taxes in trust for the employee and the government and there are criminal penalties for those who divert those funds for other uses.”
Under federal statutes, Brosang faces up to five years in federal prison at sentencing. The maximum penalty prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office. This case was investigated by the IRS – Criminal Investigation and prosecuted by Assistant U.S. Attorney Alan R. Jackson.
San Mateo Man Charged with Making False Statements in Application for PassportRead the Press Release
SAN FRANCISCO – A San Francisco grand jury returned an indictment charging Mustapha Traore, aka Olivier Adella, with making false statements in an application for a passport, announced United States Attorney David L. Anderson; U.S. State Department, Diplomatic Security Service (DSS), San Francisco Field Office Special Agent in Charge Matthew Perlman; and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.
Today’s indictment follows Traore’s arrest by federal authorities on a criminal complaint on February 10, 2020. According to the complaint, Traore, of Burlingame, Calif., made false statements about his true name and birthplace in his December 2011 application for a U.S. passport. The complaint alleges that in February 2002, Traore used a fake French passport with the name Olivier Adella to enter the United States.
Further, the criminal complaint alleges that after Traore used the fake passport to enter the United States, he then used it to obtain immigration status and eventually a naturalization certificate. Then, after obtaining a California driver’s license under the name Olivier Adella, Traore applied for and obtained a U.S. passport. In May 2016, Troare signed an application to renew his passport and again provided false information. In sum, the complaint and indictment charge Traore with knowingly making false statements in an application for a passport with the intent to induce and secure the issuance of a passport, in violation of 18 U.S.C. § 1542.
Traore made his initial federal court appearance on January 13, 2020. After a detention hearing on January 15, 2020, U.S. Magistrate Judge Sallie Kim ordered that he be detained as a serious risk of flight. Magistrate Judge Kim has scheduled Traore’s next appearance for tomorrow morning at 10:30 for arraignment on the indictment.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the charge, Traore faces a maximum statutory sentence of 10 years in prison and a $250,000 fine. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant United States Attorney Daniel Pastor is prosecuting the case with assistance from Marina Ponomarchuk. The prosecution is the result of an investigation by the DSS and HSI.
San Diego’s Arch Health Pays $2.9 Million to Resolve False Claims Act AllegationsRead the Press Release
NEWS RELEASE SUMMARY – January 23, 2020
SAN DIEGO – Arch Health Partners, Inc. (“Arch Health”) has agreed to pay the United States $2,910,370 to resolve allegations that it violated the False Claims Act by submitting false claims to Medicare. Arch Health is a San Diego-based medical organization that contracts with physician groups to provide care through the Palomar Health system.
The United States alleged that Arch Health violated the False Claims Act by submitting claims for federal reimbursement for medical evaluation and management services absent sufficient documentation regarding the nature and complexity of the services provided. Those particular allegations were originally self-disclosed by Arch Health and were also brought in a lawsuit filed by a former employee of Arch Health, Catherine Jones, under the qui tam, or whistleblower, provisions of the False Claims Act, which allow private citizens with knowledge of fraud against the government to bring suit on behalf of the government and to share in any recovery. Ms. Jones will receive $183,830 of the settlement proceeds. The United States also alleged, based on certain self-disclosures by Arch Health, that it paid compensation to referring physicians and physician groups that was above fair market value in violation of the Anti-Kickback Act, the Stark Statute, and, by extension, the False Claims Act.
“Improper billing practices and unlawful financial arrangements with referring health care providers present serious program integrity concerns,” said United States Attorney Robert S. Brewer, Jr. “This civil settlement confirms our commitment to civil health care fraud enforcement as a key component of the mission of our office. We also commend the whistleblower for coming forward and working with our investigators.”
“When companies falsely claim payment for services, taxpayers and government health programs are both victimized,” said Timothy B. DeFrancesca, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue working with our law enforcement partners to hold accountable those who would harm these programs.”
“This $2.9 million dollar settlement demonstrates how these violations have a significant and direct economic impact on the health care industry,” said FBI Special Agent-in-Charge Scott Brunner. “Our priority is to protect consumers and hold accountable those in the healthcare system who misuse government health programs.”
The investigation was conducted by the United States Attorney’s Office for the Southern District of California, the U.S. Department of Health and Human Services’ Office of Inspector General, and the Federal Bureau of Investigation. U.S. Attorney Brewer commended the excellent work by AUSA Glen Dorgan of the office’s Civil Division, whose diligence was a major factor in resolving this matter.
This case is captioned United States ex rel. Jones v. Arch Health Partners, Inc., et al., Case No. 3:17-cv-0090-MMA-BLM, and the matter was handled by Assistant U.S. Attorney Glen F. Dorgan of the Affirmative Civil Enforcement Unit of the U.S. Attorney’s Office.
Russian National Pleads Guilty to Running Online Criminal MarketplaceRead the Press Release
A Russian national pleaded guilty today to charges related to his operation of two websites devoted to the facilitation of payment card fraud, computer hacking and other crimes.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia and Special Agent in Charge Matthew S. Miller of the U.S. Secret Service’s Washington Field Office made the announcement.
Aleksei Burkov, 29, pleaded guilty before Senior U.S. District Judge T.S. Ellis III to access device fraud and conspiracy to commit computer intrusion, identity theft, wire and access device fraud and money laundering. Sentencing is scheduled for May 8, 2020.
According to court documents, Burkov ran a website called “Cardplanet” that sold payment card numbers (e.g., debit and credit cards) that had been stolen primarily through computer intrusions. Many of the cards offered for sale belonged to U.S. citizens. The stolen credit card data sold on Burkov’s site has resulted in over $20 million in fraudulent purchases made on U.S. credit cards.
Additionally, Burkov ran another website that served as an invite-only club where elite cybercriminals could advertise stolen goods, such as personal identifying information and malicious software, and criminal services, such as money laundering and hacking services. To obtain membership in Burkov’s cybercrime forum, prospective members needed three existing members to “vouch” for their good reputation among cybercriminals and to provide a sum of money, normally $5,000, as insurance. These measures were designed to keep law enforcement from accessing Burkov’s cybercrime forum and to ensure that members of the forum honored any deals made while conducting business on the forum.
Burkov was arrested at Ben-Gurion airport near Tel Aviv in December 2015. An Israeli district court approved his extradition in 2017. He was extradited to the United States from Israel on Nov. 11, 2019, after appeals to the Israeli Supreme Court and the Israeli High Court of Justice were denied.
Trial Attorney Laura Fong of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Kellen S. Dwyer and Alexander P. Berrang of the Eastern District of Virginia are prosecuting the case.
The Office of International Affairs of the Justice Department’s Criminal Division provided significant assistance in securing the defendant’s extradition from Israel.
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.
Russian National Pleads Guilty to Running Online Criminal MarketplaceRead the Press Release
ALEXANDRIA, Va. – A Russian national pleaded guilty today to charges related to his operation of two websites devoted to the facilitation of payment card fraud, computer hacking, and other crimes.
According to court documents, Aleksei Burkov, 29, ran a website called “Cardplanet” that sold payment card numbers (e.g., debit and credit cards) that had been stolen primarily through computer intrusions. Many of the cards offered for sale belonged to United States citizens. The stolen credit card data sold on Burkov’s site has resulted in over $20 million in fraudulent purchases made on United States credit cards.
Additionally, Burkov ran another website that served as an invite-only club where elite cybercriminals could advertise stolen goods, such as personal identifying information and malicious software, and criminal services, such as money laundering and hacking services. To obtain membership in Burkov’s cybercrime forum, prospective members needed three existing members to “vouch” for their good reputation among cybercriminals and to provide a sum of money, normally $5,000, as insurance. These measures were designed to keep law enforcement from accessing Burkov’s cybercrime forum and to ensure that members of the forum honored any deals made while conducting business on the forum.
Burkov was arrested at Ben-Gurion airport near Tel Aviv in December 2015. An Israeli district court approved his extradition in 2017. He was extradited to the United States from Israel on Nov. 11, 2019, after appeals to the Israeli Supreme Court and the Israeli High Court of Justice were denied.
Burkov pleaded guilty to access device fraud and conspiracy to commit computer intrusion, identity theft, wire and access device fraud, and money laundering, and faces a maximum sentence of fifteen years in prison when sentenced on May 8. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; and Matthew S. Miller, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office, made the announcement after the plea was accepted by Senior U.S. District Judge T.S. Ellis, III. Assistant U.S. Attorneys Kellen S. Dwyer and Alexander P. Berrang are prosecuting the case, along with Trial Attorney Laura Fong of the Criminal Division’s Computer Crime and Intellectual Property Section.
The Office of International Affairs of the Justice Department’s Criminal Division provided significant assistance in securing the defendant’s extradition from Israel.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-245.
Russian Brothers Sentenced to 12 Years in Prison for Running Massive Identity Theft and Credit Card Fraud Factory from their Fort Lauderdale ResidenceRead the Press Release
Igor Grushko, 33, and Denis Grushko, 29, Russian nationals who were residing in Fort Lauderdale, Florida were sentenced yesterday to 145 months in prison, after having been previously convicted by a South Florida federal jury of aggravated identity theft, conspiracy to possess and use stolen credit cards, production of fraudulent credit cards, and production of counterfeit identification documents.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Brian Swain, Special Agent in Charge of the U.S. Secret Service’s (USSS) Miami Field Office, made the announcement.
According to the trial record, brothers Igor and Denis Grushko were running a sophisticated credit card fraud factory out of their Fort Lauderdale residence. When USSS agents executed a search warrant at their home, law enforcement discovered rubber molds and plastic resin which the Grushkos used to manufacture their own credit card skimming devices; dozens of skimming devices, ATM overlays, pinhole cameras, and similar devices used to steal credit and debit card information; a credit card embosser, encoder, and magnetic stripe reader used to create counterfeit cards; sheets of Maryland state identification holograms and an identification card printer which was used to create fake identification cards (ID’s); hundreds of fraudulent credit cards and fake ID’s; and thousands of unauthorized credit and debit card numbers on the Grushkos’ computers.
Law enforcement also discovered several tutorials appearing to instruct the Grushko brothers how to commit identity theft and credit card fraud. For example, one document in their possession read, “What is carding? Well, carding is the art of credit card fraud. The motive is usually tied to money. Handling a $9,000 plasma TV knowing that you didn’t pay one cent for it is definitely a rush. But real carders seem to card for something more. The rush that the federalles could bust down your door at any minute? The defiance of knowing that every day that you are walking among the public is another day that you have gotten away with a federal crime?”
Evidence at trial further established that the Grushko brothers conspired with Vadym Vozniuk to use the personal identifying information of hundreds of unsuspecting victims across South Florida, including victims’ credit card numbers, names, addresses, and phone numbers, to fraudulently obtain over $100,000 in high-end electronics from local Target retail stores.
Vozniuk, 24, a Ukrainian national who was also residing in Fort Lauderdale, was sentenced to 27 months in prison, after having been convicted at trial of conspiracy to possess and use stolen credit cards. The three defendants were sentenced by U.S. District Judge Rodney Smith in Fort Lauderdale (Case No. 18cr20859).
U.S. Attorney Fajardo Orshan commended the investigative efforts of the USSS’s Miami Field Office in this matter. She also thanked Target’s Special Investigations team for their assistance. This case was prosecuted by Assistant U.S. Attorneys Michael B. Homer, Kiran Bhat, and Jonathan Stratton.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Rochester Man Going to Prison for over 7 Years on Gun Trafficking and Drug ChargesRead 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 Carlos Cruz-Garcia, 37, of Rochester, NY, who was convicted of conspiring to distribute, and possessing with intent to distribute, cocaine, and possession of a firearm in furtherance of a drug trafficking crime, was sentenced to serve 87 months in prison U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Katelyn Hartford, who is handling the case, stated that between 2015 and September 27, 2018, the defendant conspired with others to distribute cocaine, shipped in the mail from Puerto Rico, in the Rochester area.
On September 27, 2018, Cruz-Garcia received a package containing approximately 500 grams of cocaine at his place of employment, “The Landing of Brighton,” on Westfall Road in Rochester. The defendant took the package to his residence, where law enforcement officers arrested Cruz-Garcia and seized the package. The cocaine was secreted inside of an electronic device.
The defendant also helped launder tens of thousands of dollars for the drug conspiracy in an attempt to conceal the conspiracy’s money. At the time of Cruz-Garcia’s arrest, law enforcement officers found a loaded Glock .40 caliber pistol, which the defendant possessed in connection with the drug conspiracy.
The sentencing is the result of an investigation by 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 United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Rochester Police Department, under the direction of Chief La’Ron Singletary; the Greece Police Department , under the direction of Chief Patrick D. Phelan; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; Ontario County Sheriff’s Office, under the direction of Sheriff Kevin M. Henderson; and the New York State Police, under the direction of Major Eric Laughton.
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Repeat offender sentenced to 8+ years in prison for dealing drugs in Seattle’s Pioneer Square neighborhoodRead the Press Release
Seattle - A repeat offender who was arrested in Pioneer Square armed with a concealed pistol with hollow point bullets, was sentenced today in U.S. District Court in Seattle to 101 months in prison and five years of supervised release. JONATHAN RUSHING, 40, was convicted in October 2019 following a three-day trial for possession of crack cocaine and MDMA with intent to distribute, being a felon in possession of a firearm, and carrying a firearm during and in relation to a drug trafficking crime. This is RUSHING’s fourth conviction for being a felon in possession of a firearm. “I think you are a threat to the community,” U.S. District Judge Thomas S. Zilly said at sentencing. “We know that if you have possession of a gun and you are doing drugs, bad things can happen. You know that better than anyone in this courtroom.”
“As we saw just last night, armed criminals in downtown Seattle pose a terrible risk to our community,” said U.S. Attorney Brian T. Moran. “Through DOJ’s Project Guardian, both here in Seattle and nationally, we remain focused on partnering with our law enforcement colleagues in getting these armed criminals off the streets and behind bars where they belong.”
RUSHING was identified during an investigation into a drug distribution ring operating in downtown Seattle on the evening of November 8, 2017. RUSHING was observed meeting with known members of the drug distribution group and then returning to the passenger side of a car he had parked near Pioneer Square. After sitting on the passenger side of the sedan near the glove box for about 20 minutes, RUSHING went to a bar in Pioneer Square. When RUSHING left the bar, uniformed Seattle Police Officers approached RUSHING in order to identify him. RUSHING took off running but was arrested a few blocks away. RUSHING had a Glock firearm in a holster inside his waistband. The Glock had a laser sight and flashlight attached and was loaded with hollow point bullets. When authorities searched the car RUSHING was driving, they found dealer amounts of crack cocaine and MDMA hidden in a sock in the glove box.
After RUSHING was arrested that November night, he left the Seattle area and was a fugitive when the drug trafficking organization was indicted on February 13, 2018. RUSHING was ultimately arrested in February 2019 in Moreno Valley, California, on a warrant from the U.S. Marshal Service. RUSHING fought with local officers who subdued him following a traffic stop.
RUSHING has an extensive criminal history, including a 1997 conviction at age 18 in King County Superior Court for second-degree murder. RUSHING shot and killed another 18-year-old in downtown Seattle during a drug transaction. He has King County convictions for illegally possessing firearms in 1996 and1997 and a federal conviction for being a felon in possession of a firearm from 2012. Rushing was arrested in this case only two months after completing his term of supervision from his 2012 federal conviction for firearm possession.
This was an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation, providing supplemental federal funding to the federal and state agencies involved.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence and enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes. Project Guardian ensures that federal resources are directed at the criminals posing the greatest threat to our communities. More information about Project Guardian is here.
The case was investigated by the Seattle Police Department and the Drug Enforcement Administration (DEA).
The case is being prosecuted by Assistant United States Attorneys Kate Vaughan, Tobias Tobler, and Vince Lombardi.
Queens Pharmacist Indicted for Illegal Distribution of Oxycodone and Filing False Tax ReturnsRead the Press Release
A 12-count indictment was unsealed today in federal court in Brooklyn charging Daniel E. Russo, a pharmacist, with conspiracy to distribute and possess with intent to distribute oxycodone, distribution and possession of oxycodone, distribution of oxycodone by a pharmacist without legitimate prescription and filing false tax returns. Russo was arrested this morning by federal agents and arraigned this afternoon before United States Magistrate Judge Cheryl L. Pollak. The defendant was released on a $1.5 million bond.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Richard E. Zuckerman, Principal Deputy Assistant Attorney General of the Justice Department’s Tax Division, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration (DEA), and Jonathan D. Larsen, Special Agent-in-Charge, Internal Revenue Service Criminal Investigation (IRS-CI), announced the charges.
As set forth in the indictment and other court documents, Russo owns and operates Russo’s Pharmacy in Far Rockaway, Queens. Between March 2011 and June 2014, Russo allegedly conspired with others, including medical professionals and employees of a physician, to fill fraudulent prescriptions for oxycodone and dispense thousands of oxycodone pills in return for hundreds of thousands of dollars in cash. Russo then filed false corporate income tax returns for his pharmacy for the years 2013 through 2016, omitting the proceeds of his scheme, and false individual income tax returns for the years 2012 through 2016. In total, Russo is charged with failing to report over $1 million in cash earnings, most of it generated from his oxycodone distribution scheme.
More than a dozen physicians for whom Russo filled prescriptions have since been convicted of crimes related to the distribution of oxycodone.
“We can count the hundreds of thousands of dollars Russo allegedly pocketed from the charged scheme, but the resulting human misery in our communities is incalculable,” stated United States Attorney Donoghue. “This Office will continue working with federal and local law enforcement partners to investigate and prosecute medical professionals who seek to profit from the opioid epidemic.”
“It is a misconception that pharmacists can hide their role in illegal drug distribution by blindly following what doctors have prescribed for their patients,” stated DEA Special Agent-in-Charge Donovan. “By law, pharmacists must practice due diligence, and take their corresponding responsibility seriously. If diversion of prescriptions is suspected, and merely cast aside to make a quick dollar, the pharmacist is no better than a dealer on the street. Today’s arrest reemphasizes law enforcement’s commitment to identifying and arresting all of those responsible for furthering drug abuse and overdose deaths throughout our hometowns.”
“Income earned from the sale of prescription drugs is taxable regardless if those sales are legal or illegal,” stated IRS Special Agent-in-Charge Larsen. “Mr. Russo allegedly failed to report the illegal income on his corporate tax returns in conjunction with concealing how the income was derived.”
If convicted of the drug charges, Russo faces up to 20 years’ imprisonment. If convicted of the tax charges, he faces up to three years’ imprisonment for each count.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, comprising agents and officers of the DEA, Nassau County Police Department, Suffolk County Police Department, Port Washington Police Department and Rockville Centre Police Department. The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the U.S. Department of Health & Human Services’ Office of the Inspector General and New York City Department of Investigation.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, the New York State Police and other key federal, state and local government partners launched the initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Preventions called an epidemic increase in the abuse of so-called opioid analgesics. To date, the initiative has brought over 160 federal and local criminal prosecutions including the prosecution of 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorney Nomi D. Berenson and Trial Attorney Michael C. Vasiliadis of the Tax Division.
The Defendant:
DANIEL E. RUSSO
Age: 40
Cedarhurst, New YorkE.D.N.Y. Docket No. 20-CR-23 (DLI)
Project Guardian: Three Sentenced to Federal PrisonRead the Press Release
CHARLESTON, W.Va. – Defendants in three separate cases appeared in federal court and have been sentenced to prison, announced United States Attorney Mike Stuart.
“Violence won’t be tolerated. Each one of these defendants posed a threat of violence to our communities,” said United States Attorney Mike Stuart. “While we have significantly increased the number of prosecutions of gun law violators and violent drug dealers, we continue our work with a sense of urgency to protect the public from gun violence.”
Dachaun Marcies Thaxton, of Charleston, was sentenced to 106 months in prison for possession with intent to distribute methamphetamine and possession of firearms in furtherance of drug trafficking crimes. Thaxton was also ordered to serve a five year term of supervised release. Thaxton previously admitted that on March 14 and 19, 2019 and April 1, 2019, he distributed methamphetamine to a confidential informant working with law enforcement in Dunbar, Kanawha County, West Virginia. On April 5, 2019, officers executed a search warrant at his residence located in Solon Court in Dunbar and located one Bushmaster AR-15 rifle with a loaded magazine in the fire position and one Anderson Manufacturing AR-15 rifle loaded with a 90 round drum also in the fire position in the front bathroom. In that same bathroom, officers also found a Cai-Georgiavt AK-47 with a chambered round and loaded magazine. In the rear bedroom, officers found approximately 360 grams of methamphetamine that Thaxton admitted he intended to distribute. Thaxton admitted to possessing the firearms to protect his drugs, drugs proceeds, and himself. Thaxton also admitted that at the time he possessed the firearms, he was a felon. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Monica D. Coleman handled the prosecution.
Tyerice Martell Irvin, of Columbus, Ohio, was sentenced to 60 months in prison for carrying a firearm during a drug trafficking crime. He will also serve five years on supervised release after completing his prison sentence. Irvin previously admitted that on April 5, 2019, he was a passenger in a vehicle that was stopped by law enforcement for a traffic violation. Based on the smell of marijuana in the vehicle, officers decided to conduct a search of the vehicle and Irvin was asked to step out of the vehicle, which he did. An officer then began to pat Irvin down for weapons. During the pat down, the officer felt a firearm on Irvin. Irvin pushed the officer and fled the area. Officers began to chase Irvin and he ran toward the area of the stores at Patrick Street Plaza. During the chase, Irvin admitted to throwing a loaded semi-automatic Beretta 948 .22 caliber semi-automatic pistol into a dumpster near the Rent-A-Center store while fleeing. He also ran through the Rent-A-Center store where he threw a bag of marijuana in his possession. Officers eventually apprehended him in front of the Rent-A-Center store. Officers found a bag of what they believed at the time was heroin on Irvin but laboratory testing later confirmed the substance to be 3.167 grams of fentanyl. Officers recovered both the marijuana, the fentanyl, and the Beretta 948 .22 caliber semi-automatic pistol. Officers also recovered a SCCY CPX-2 9 millimeter semi-automatic pistol in another dumpster along the route Irvin ran. Irvin admitted that he knew the substance that he possessed was a controlled substance and that he intended to distribute it and that he was carrying the Berretta 948 .22 caliber semi-automatic pistol to protect his drugs, his drug proceeds, and himself. He further admitted that he knew he was prohibited from possessing the firearm because he is a convicted felon. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Monica D. Coleman handled the prosecution.
Mark Matthew Smith, 30, of Parkersburg, was sentenced to 37 months in federal prison for possessing a firearm after being convicted of a felony. Upon release from prison, Smith will serve three years of federal supervised release. On December 6, 2017, Smith was a passenger in a vehicle stopped by Parkersburg Police at 3:00 a.m. at the intersection of East Street and 7th Street. Smith admitted that there was a firearm in the vehicle but refused to tell the officer where it was. When Smith began moving his arm toward the vehicle’s center console, the officer directed Smith to get out of the vehicle. An officer retrieved a KAHR .45 caliber pistol from the passenger seat floorboard. Smith was wearing a concealed carry holster wrapped around his chest. An officer ran Smith’s criminal history and learned that he had been convicted of several felonies including forgery, grand larceny, and drug possession. Upon searching him incident to the arrest, police found methamphetamine, cocaine base, several buprenorphine tablets, five counterfeit $100 bills, and six Social Security cards belonging to other people in Smith’s pockets. On October 31, 2019, Smith pled guilty in federal court to being a felon in possession of a firearm. The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Joshua C. Hanks handled the prosecution.
These cases are 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. The United States Attorney’s Office has prosecuted this case with support from the Project Guardian partners referenced above. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
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Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Cresencio Antonio Chinchilla-Roque, age 26, of Honduras, was indicted on January 22, 2020, by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney David J. Freed, Chinchilla-Roque was previously deported from the United States to Honduras in June 2016. He is alleged to have illegally reentered the United States sometime after June 2016, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Joanne M. Sanderson is prosecuting the case.
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.
Chinchilla-Roque faces a maximum penalty of 2 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.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Portland Man Sentenced to Federal Prison for Cyber Intrusion of Former EmployerRead the Press Release
PORTLAND, Ore.—On January 22, 2020, Kristopher Ives, 33, of Portland, was sentenced to 12 months and one day in federal prison and three years’ supervised release for illegally accessing the computer network and data of his former employer, Gearbox Studios, after being terminated.
According to court documents, in 2008, Ives began working as a computer programmer for Gearbox Studios, a Portland-based digital marketing agency. Ives eventually became Gearbox Studio’s lead programmer for server architecture and support, a position of trust with access to the computer networks and data of both the company and the company’s clients.
Between February and May 2015, after being terminated from his position, Ives illegally accessed Gearbox’s computers to steal and tamper with data. He used this data to attack Gearbox’s servers and various websites belonging to Gearbox customers. Ives deleted nearly 20,000 products from customer websites and changed prices for various items. Ives also stole names and credit card numbers from these Gearbox customer websites and threatened to release the information unless Gearbox made payment to a bitcoin address.
On October 18, 2019, Ives pleaded guilty to one count of fraud in connection with computers.
This case was investigated by the FBI’s Oregon Cyber Task Force and prosecuted by Quinn P. Harrington, Assistant U.S. Attorney for the District of Oregon.
Any public or private entity suspecting a cyber intrusion or attack should contact the FBI through the Internet Crime Complaint Center at www.ic3.gov or by calling your nearest FBI office.
Port St. Lucie Man Charged with Possessing Cocaine with the Intent to DistributeRead the Press Release
Tampa, Florida – United States Attorney Maria Chapa Lopez announces the return by a grand jury of an indictment charging Damian Sierra (41, Port St. Lucie) with possessing 500 grams or more of cocaine with the intent to distribute. If convicted, Sierra faces a mandatory minimum sentence of 5 years, up to 40 years, in federal prison.
According to the indictment, on February 21, 2019, Sierra possessed 500 grams or more of cocaine with an intent to distribute it.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Drug Enforcement Administration and the Manatee County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Callan Albritton.
Pittsburgh Woman Sentenced to Probation, Fined for Drug Law ViolationRead the Press Release
PITTSBURGH, PA- A resident of Pittsburgh, Pennsylvania has been sentenced in federal court to one year of probation and to pay a fine of $1,000 on her conviction of violating federal drug laws, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Asonte Turner, 32.
According to information presented to the court, the defendant knowingly possessed cocaine and cocaine base from on or about July 1, 2017 through July 21, 2017. The court was further informed that on July 21, 2017, during a search of the residence she shared with her boyfriend and multiple children, law enforcement found drugs, supplies for manufacturing crack cocaine, drug packaging supplies, and several firearms spread throughout the home. Multiple packages of suspected drugs tested positive for cocaine and crack cocaine, and the defendant admitted to possessing those drugs.
Assistant United States Attorney Christy C. Wiegand prosecuted this case on behalf of the government.
The Drug Enforcement Administration and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Turner.
Pittsburgh Residents Plead Guilty to Drug and Gun ChargesRead the Press Release
PITTSBURGH – John Burton and Nico Nixon were convicted following guilty pleas to fentanyl and heroin trafficking and firearm crimes, United States Attorney Scott W. Brady announced today.
Burton, age 31, and Nixon, age 29, both of Pittsburgh, pled guilty before United States District Judge Arthur J. Schwab. Burton pled guilty to possessing with intent to distribute fentanyl, fentanyl analogues, heroin, and crack cocaine and possessing a firearm in furtherance of a drug trafficking crime on August 26, 2019. Nixon pled guilty to possessing with intent to distribute fentanyl and heroin and possessing a firearm in furtherance of a drug trafficking crime on August 3, 2019.
Burton’s sentencing hearing is scheduled to occur on July 14, 2020, at 10:00 a.m. Nixon’s sentencing hearing is scheduled to occur on July 13, 2020, at 10:00 a.m.
The law provides for a maximum total sentence of at least five years and up to life in prison and a fine of up to $2,250,000. Under the Federal Sentencing Guidelines, the actual sentences imposed will be based upon the seriousness of the offenses and the prior criminal histories of the defendants.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Pittsburgh Bureau of Police, the United States Marshals Service and the Pennsylvania Office of Attorney General conducted the investigation leading to the convictions in this case. This case is being prosecuted as part of Project Safe Neighborhoods (PSN) which 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.
Pittsburgh Man on Federal Supervised Release for Drug Trafficking Admits Distributing HeroinRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of possession with the intent to distribute heroin, United States Attorney Scott W. Brady announced today.
Davee Ward, age 29, pleaded guilty to one count before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Ward possessed with the intent to distribute heroin on July 25, 2016. The government also filed with the Court a notice that the defendant was previously convicted in Federal Court in Pittsburgh for distribution of heroin. The defendant was on supervised release for the prior offense at the time of the alleged new offense.
Judge Bissoon scheduled sentencing for May 20, 2020 at 10:00 a.m. The law provides for a total sentence of not more than 30 years in prison, a fine of $2,000,000, or both. The defendant also faces a maximum of three years of imprisonment based on the alleged violation of his supervised release stemming from his prior federal prosecution for drug trafficking. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Ward.
Pittsburgh Man Sentenced for Robbing South Side BankRead the Press Release
PITTSBURGH, PA- A former resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 30 months’ imprisonment, three years’ supervised release, and to pay restitution to the victim bank on his bank robbery conviction, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Vaughn Carter, 56.
According to information presented to the court, on November 1, 2018, defendant entered the First National Bank, located at 114 East Carson Street, wearing a baseball hat and dark clothing and presented a demand note to a teller, which stated: "This is a robbery. Give me large bills." Carter then took $1,000 from the teller and fled the bank. Law enforcement identified and located Carter after tracking the getaway vehicle and obtaining fingerprints from the vehicle.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the City of Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Carter.
Pinole Woman Sentenced to More Than Two Years in Prison for Wire Fraud Embezzlement SchemeRead the Press Release
SAN FRANCISCO – Sherryl Santos-Tan was sentenced to 25 months in prison and ordered to pay restitution for wire fraud after defrauding her former employer and another individual of more than $300,000, announced United States Attorney David L. Anderson and United States Secret Service Special Agent in Charge Thomas C. Edwards. The sentence was handed down by the Honorable Edward M. Chen, U.S. District Judge.
Santos-Tan, 36, of Pinole, pleaded guilty to the charges on October 18, 2019. According to her plea agreement, Santos-Tan admitted that over the course of more than two years she executed a scheme by which she defrauded her former employer and another individual by exploiting her access to credit cards and other funds that belonged to the employer. Santos-Tan admitted she diverted money to accounts under her control and made purchases for her personal use. Further, she admitted she used the stolen money at casinos and for other personal expenditures such as funding prepaid charge cards. She also admitted she concealed her actions by falsifying and manipulating information in expense reports. Santos-Tan acknowledged that the money and property she obtained through this scheme totaled more than $300,000.
A federal grand jury indicted Santos-Tan on July 18, 2019, charging her with six counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of aggravated identity theft, in violation of 18 U.S.C. § 1028A. Santos-Tan pleaded guilty to the wire fraud counts and the identity theft count was dismissed.
In addition to the prison term, Judge Chen sentenced the defendant to a three-year period of supervised release to begin at the completion of the prison term, and ordered her to pay restitution to the victims of her crimes. Judge Chen ordered the defendant to surrender on or before April 21, 2020, to begin serving her prison term.
Assistant U.S. Attorney Eric Cheng is prosecuting the case with the assistance of Morgan Byrne. The prosecution is the result of an investigation by the Secret Service.
Pendleton County man sentenced to 20 years for drug and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Jamie William Sites, of Circleville, West Virginia, was sentenced today to 240 months incarceration for methamphetamine distribution, U.S. Attorney Bill Powell announced.
Sites, age 42, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” and one count of “Possess a Firearm in Furtherance of a Drug Trafficking Crime” in May 2019. Sites admitted to distributing methamphetamine in November 2017 in Pocahontas County and having a .22 caliber pistol during a drug crime in September 2018 in Pendleton County.
Sites’ criminal history spans 25 years, with this being his third felony drug offense.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives; the West Virginia State Police; the Potomac Highlands Drug & Violent Crimes Task Force; the Grant County Sheriff’s Office; and the Moorefield Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Owner of Frederick Payroll Processing Business Sentenced to 48 Months in Federal Prison for Defrauding Victims of More Than $1.6 MillionRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced David Richison, age 64, of Frederick, Maryland, to 48 months in federal prison for wire fraud and aiding in the filing of a false tax return. Richison, who owned and operated a payroll processing business, took funds from his clients’ tax escrow account and used them to pay his own personal expenses. Judge Russell also ordered restitution and forfeiture in the amount of the victims' full loss, which will be determined after a restitution hearing.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Kelly R. Jackson of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Special Agent in Charge Timothy M. Dunham of the Criminal Division of the FBI Washington Field Office.
"After years of deceiving his clients for his own personal benefit, Richison is now feeling the consequences of his despicable actions," said IRS-CI Special Agent in Charge Kelly R. Jackson. "We will continue to work with the United States Attorney's Office to pursue justice of those who violate our tax laws, especially those who commit fraud at the expense of others."
According to his plea agreement, Richison owned and operated a Frederick-based payroll processing business, Period Financial, doing business as Period Payroll. Period Payroll provided payroll processing and payroll tax payment services to businesses in Maryland and Virginia, using special software specifically designed by Richison. In addition to printing paychecks for client employees, Period Payroll was responsible for calculating the employment taxes owed to federal and state taxing authorities by the client companies and those companies’ employees, as well as preparing and filing the client companies’ employment tax returns.
Period Payroll clients entrusted Richison with the authority to remove funds directly from their bank accounts to pay their federal and state taxes, as well as to pay fees to Period Payroll. Richison’s practice was to send the clients a copy of the tax return to be filed and an accounting of the funds to be removed from their accounts and subsequently paid over. Funds removed from client accounts were placed into an escrow account, which Richison used to make electronic payments to the IRS, generating a unique number for each wire sent on behalf of a client.
Richison admitted that from at least 2012 through 2014, the tax forms prepared and filed by Richison on behalf of Period Payroll clients properly reported the amount of taxes owed, but a corresponding amount of tax deposits was not made with the IRS. Richison began taking money from the client escrow fund to pay for his own personal and business-related expenses, such as legal fees, rather than paying those funds to the IRS, as he represented to his clients.
For example, in July 2012, Richison transferred $53,000 from the client escrow account to his personal attorney to pay legal fees. Over the course of 2013 and 2014, the frequency with which Richison failed to pay over client funds to the IRS increased. When clients received notices from the IRS that their employment taxes had not been paid, Richison provided false explanations for the missed payments and falsely promised to make the payments and cover the penalties and interest. To further conceal the scheme, Richison used one client’s escrowed funds to pay another client’s debt, penalties, and interest, without informing either client that he was doing so. In addition, Richison sent e-mails to clients falsely stating that he had made payments to the IRS on their behalf and provided as proof the wire numbers of transfers that he had made on behalf of other clients. Between approximately February 2013 and December 2014, Richison used approximately $598,365 of client escrow funds to make payments to the IRS to cover the penalties and interest his clients had accrued in order to conceal the fraud and continue to deceive his clients into thinking that Period Payroll was solvent.
By the end of 2014, there were insufficient funds in the client escrow account to cover the mounting debts and Richison closed Period Payroll. By that time, the difference between the amount taken from clients and reported to have been paid to the IRS per the tax returns filed on behalf of clients, and the actual payments made as required by those returns totaled at least $1,622,481.56.
United States Attorney Robert K. Hur commended the IRS Criminal Investigation and the FBI Washington Field Office for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Sean Delaney, who prosecuted the case.
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Orangeburg Man Accused of Shooting at Orangeburg Police Indicted on Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- Acting United States Attorney A. Lance Crick announced today that Phillip Michael King, 33, of Orangeburg, was charged in federal court this week in a one-count indictment with being a felon in possession of a firearm and ammunition. King also faces South Carolina state charges of attempted murder, possession of a weapon during a violent crime, possession of a stolen handgun, and possession of a stolen handgun with a damaged or removed serial number, in relation to an incident in which officers of the Orangeburg Department of Public Safety were shot at on September 22, 2018.
The federal indictment alleges that on September 22, 2018, King was in possession of a Smith & Wesson, Model SW9VE, 9mm pistol and various rounds of 9mm ammunition. The indictment also alleges that at the time of the possession, federal law prohibited King from possessing a firearm or ammunition because of at least one prior felony conviction.
King faces up to 10 years in prison, a fine of $250,000, and 3 years of supervised release on the federal indictment returned this week. If the court determines enhanced penalties apply based on the King’s prior criminal record, King may face a mandatory minimum of 15 years in prison and a maximum of life, a fine of $250,000, and 5 years of supervised release.
The charge against King was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), South Carolina Law Enforcement Division (SLED), and Orangeburg Department of Public Safety. The case is being prosecuted by Assistant United States Attorney Elliott B. Daniels of the Columbia office.
This case is prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The Acting U.S. Attorney stated that all charges in the indictment are merely accusations and that defendants are presumed innocent unless and until proven guilty.
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Ohio Man Sentenced to Federal Prison for Sex Offense Involving a MinorRead the Press Release
CHARLESTON, W.Va. – A Chesapeake, Ohio man was sentenced to federal prison for a sex offense involving a minor, announced United States Attorney Mike Stuart. Johnathan Matthew Taylor, 24, was sentenced to 18 months in prison for traveling in interstate commerce in order to engage in illicit sexual activity with a minor. Following his release from prison, Taylor will serve a seven year term of supervised release and will be required to register as a sex offender.
“My office is receiving so many referrals of cases like this one – it’s tragic. I am passionate about protecting our kids,” said United States Attorney Mike Stuart. “We’ll prosecute every single one of these cases- EVERY ONE- to protect West Virginia’s children.”
Taylor previously admitted that on June 1, 2019, he communicated via a social messaging application with a minor he believed to be a 15-year-old girl located in Bluefield, West Virginia. Despite knowing her age, Taylor discussed traveling to Bluefield from Ohio to meet the minor to engage in sexual intercourse, but the plans were canceled by the purported minor due to the late hour at which he would arrive. Two days later, on June 3, 2019, Taylor arranged to meet the minor female in Saint Albans, Kanawha County, West Virginia, in order to engage in sexual intercourse. On that same date he traveled from Chesapeake, Ohio to West Virginia, where he purchased condoms before arriving at the location to meet the purported 15-year-old female.
The FBI West Virginia Child Exploitation and Human Trafficking Task Force in conjunction with the West Virginia States Police Internet Crimes Against Children Task Force and the Kanawha County Sheriff’s Office conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald handled the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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North Platte Man Sentenced for Distributing MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Sean Heinemann, 42, of North Platte, Nebraska, was sentenced today to 48 months in prison by Senior United States District Judge Laurie Smith Camp for distribution of methamphetamine. In addition to his prison term, Heinemann will serve three years of supervised release following his release from prison.
On November 8, 2017, an undercover officer met with Heinemann and purchased 27.04 grams of methamphetamine.
This case was investigated by the North Platte Police Department and the Nebraska State Patrol.
North Carolina Man Sentenced After Pleading Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, La. – AMIN SULUKI, age 38, a resident of Burlington, North Carolina, was sentenced to (60) sixty months’ imprisonment and (4) four years of supervised release after pleading guilty to a one-count Superseding Bill of Information charging him with conspiracy to distribute and possess with intent to distribute five hundred grams or more of cocaine hydrochloride, announced U.S. Attorney Peter G. Strasser. SULUKI was sentenced by United States District Court Judge Carl J. Barbier.
According to court records, the Homeland Security Investigations Border Enforcement Security Task Force, New Orleans (HSI/NO) received information that SULUKI was attempting to purchase kilogram quantities of cocaine. Under the direction of HSI/NO, a confidential informant contacted SULUKI who informed the confidential informant that he was only able to purchase one kilogram of cocaine. On November 23, 2017, SULUKI and another individual, Wilfredo Morales, met with the confidential informant and agreed to purchase a total of five kilograms of cocaine for $120,000.00. The following day, SULUKI and Morales met with the confidential informant and an undercover officer to purchase the cocaine. After inspecting sham cocaine provided by the informant and officer, SULUKI and Morales provided the confidential informant with the money, at which time agents arrested SULUKI and Morales.
This case was investigated by the Homeland Security Investigations Border Enforcement Security Task Force, New Orleans. The prosecution is being handled by Assistant United States Attorney André Jones.
Newton County Felon Convicted of Firearms PossessionRead the Press Release
BEAUMONT, Texas – A 41-year-old Newton, Texas, man has been convicted of federal firearms violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Desmond Deray Gatson was found guilty on Jan. 22, 2020, of being a felon in possession of a firearm following a two-day jury trial before U.S. District Judge Marcia A. Crone.
According to information presented in court, on Feb. 8, 2019, Gatson was stopped by Beaumont police on Lucas Road in Beaumont for having an obstructed license plate. During the traffic stop, officers could smell marijuana and Gatson indicated that he had just finished smoking marijuana. Gatson also admitted to having served prison time for a drug conviction. A search of the vehicle revealed a handgun under the seat and marijuana in the center console. As a convicted felon, Gatson is prohibited from owning or possessing firearms or ammunition. Gatson was indicted on Aug. 7, 2019 and charged with federal firearms violations.
Under the federal statute, Gatson faces up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorneys Michael Anderson and Rachel Grove.