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Thursday 9 January 2020
Activity in the United States Attorney's OfficeRead the Press Release
Federal District Court Judge Alan B. Johnson sentenced DANIEL ISAAC VASQUEZ MORENO, 30, of El Salvador on January 6, 2020 for illegal re-entry of a previously deported alien into the United States. Moreno was arrested in Gillette, Wyoming. He received four months of imprisonment, to be followed by deportation proceedings, and ordered to pay a $100.00 special assessment. Moreno was previously deported from the United States in 2018. The U.S. Department of Homeland Security investigated this case.
Federal District Court Judge Alan B. Johnson sentenced KEITH ANTHONY CRAWFORD, 31, of Dallas, Texas on January 8, 2020 for transportation in interstate commerce for purpose of prostitution. Crawford was arrested in Cheyenne, Wyoming. He received twenty-four months of imprisonment, to be followed by sixty months of supervised release, and ordered to pay a $500.00 fine and a $100.00 special assessment. The Laramie County Sheriff’s Office, Cheyenne Police Department and the Federal Bureau of Investigation investigated this case.
Federal District Court Judge Alan B. Johnson sentenced YORDY BRINGAS-GARCIA, 23, of Mexico on January 6, 2020 for illegal re-entry of a previously deported alien into the United States. Bringas-Garcia was arrested in Cheyenne, Wyoming. He received time served plus ten days to allow for deportation proceedings and was ordered to pay a $100.00 special assessment. Bringas-Garcia was previously deported from the United States in 2015. The U.S. Department of Homeland Security investigated this case.
Federal District Court Judge Nancy D. Freudenthal sentenced BENJAMIN BRINGAS-BAEZ, 33, of Mexico on January 6, 2020 for illegal re-entry of a previously deported alien into the United States. Bringas-Baez was arrested in Cheyenne, Wyoming. He received time served plus ten days to allow for deportation proceedings and was ordered to pay a $100.00 special assessment. Bringas-Baez was previously deported from the United States in 2019. The U.S. Department of Homeland Security investigated this case.
200 Month Prison Sentence for Smuggler Caught Moving Contraband into Georgia Prisons Through a Meat Packing PlantRead the Press Release
MACON, Ga. – A Jackson, Georgia man caught dropping off a large amount of illicit drugs and contraband at a Georgia Correctional Industries (GCI) meat packing plant was sentenced to 200 months in prison, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Brandon Ray, 39, of Jackson, was sentenced to 200 months in prison by U.S. District Judge Marc Treadwell on Wednesday, January 8, 2020 after he pleaded guilty to one count possession with intent to distribute methamphetamine. There is no parole in the federal system.
Two anonymous tipsters reported to authorities that Ray would be dropping contraband at the GCI meat packing plant in Milledgeville, Georgia on May 6, 2018 after dark. Under surveillance, officers observed Ray enter the GCI plant at 4:00 a.m. on the morning of May 7, 2018 through an unlocked gate. Ray was observed hiding contraband underneath dumpsters next to the GCI building. The defendant was arrested, and officers seized 1,287.2 grams of marijuana, 38 cell phones, 25 cell phone chargers, two blue tooth ear pieces, a quantity of cigarette tobacco, a digital scale and more than five grams of methamphetamine.
“The smuggling of drugs and contraband into our prison system is a direct threat to the safety of prison employees and prisoners, and undermines the very purposes of incarceration – deterrence, punishment and rehabilitation,” said U.S. Attorney Charlie Peeler. “As reflected by this stiff prison sentence, we will prosecute those engaged in distributing contraband into our prisons to the fullest extent of the law. I want to thank DEA and the Georgia Department of Corrections for investigating this case, and helping stop the movement of a large quantity of contraband into our prison system.”
“The punishment in this case clearly fits the crime. This defendant brazenly attempted to smuggle contraband, which included marijuana and methamphetamine, into a prison,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “DEA is committed to keeping dangerous and potentially deadly drugs out of our society, period. Because of the hard work and dedication of investigators in this case, this criminal will have time to think about the crimes he committed.”
“Contraband in the hands of inmates gives them the ability to continue their criminal enterprise, so the support and efforts of our law enforcement partners in stopping those who attempt to introduce these items is paramount in our commitment to public safety,” said GDC Commissioner Timothy C. Ward. “We are pleased to see that justice has been served on this individual for his role in jeopardizing the safe and secure operations of our facilities.”
The case was investigated by the Drug Enforcement Administration (DEA) and the Georgia Department of Corrections with the Baldwin County Sheriff’s Office housing the defendant. Assistant U.S. Attorney Elizabeth Howard prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Wednesday 8 January 2020
Wise County Man Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
Abingdon, VIRGINIA – Joseph Andrew Hobbs, a Wise County man who was one of 20 defendants charged with conspiring to distribute 500 grams or more of methamphetamine, was sentenced yesterday in U.S. District Court in Abingdon to 228 months in federal prison, United States Attorney Thomas T. Cullen announced.
Hobbs, 28, pled guilty in August 2019 to one count of conspiring to distribute and possessing with the intent to distribute 500 grams or more of methamphetamine and one count of possessing a firearm in furtherance of a drug trafficking crime and carrying a firearm during and in relation to a drug trafficking crime.
According to court documents, the 20 defendants conspired to distribute methamphetamine in Lee and Wise counties, and elsewhere, between July 1, 2016 and May 1, 2019. To date, all 20 defendants have been convicted via plea agreement or jury trial. Hobbs is the second defendant to be sentenced. On December 18, 2019, Susan Adrianna Mullins was sentenced to 36 months in federal prison.
A complete list of the defendants and charges can be found here.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Southwest Virginia Drug Task Force, which is comprised of the Scott County Sheriff’s Office, Lee County Sheriff’s Office, Wise County Sheriff’s Office, Dickenson County Sheriff’s Office, Norton Police Department, Big Stone Gap Police Department, and the Virginia State Police. Assistant United States Attorneys Lena Busscher, Anthony P. Giorno, Jonathan Jones, and Zachary T. Lee prosecuted the case for the United States.
Violent felon sentenced for robbery of banks and other businessesRead the Press Release
ATLANTA – Titus Jeshua Lamb, a previously convicted felon, has been sentenced for committing three bank robberies in McDonough, Morrow, and Fayetteville, Georgia.
“Lamb was a violent serial robber who terrorized citizens in this district and elsewhere,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to the coordination between law enforcement agents in Atlanta and Mississippi, he is off the streets and serving a long sentence.”
“For six months Lamb and his accomplice terrorized employees and customers at multiple banks and businesses in Georgia, leaving behind traumatic scars on innocent victims,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Once again, his arrest would not have been possible without a collaborative effort with our law enforcement partners. Those partnerships are invaluable when violent criminals spread terror throughout our communities.”
According to U.S. Attorney Pak, the charges and other information presented in court: Between December 11, 2014, and June 4, 2015, Lamb robbed banks in Morrow, McDonough, and Fayetteville, Georgia, as well as two convenience stores during a six-month crime spree.
During one of the bank robberies, Lamb entered the bank with a scarf tied across his face, demanding money. In two of the robberies, Lamb pointed a pistol at bank tellers. One teller especially feared for her life because Lamb held his firearm close to her head as he ordered everyone in the bank to lie face down on the ground.
In addition to the bank robberies, Lamb also robbed a pharmacy in Riverdale, Georgia, and a department store in Stockbridge, Georgia. Altogether, Lamb took approximately $34,500 from these two businesses.
Lamb also traveled to Mississippi, where he committed an additional bank robbery. His crime spree ended when FBI agents in both Mississippi and Atlanta connected Lamb’s get-away vehicle from surveillance video at one of the banks.
Chauncey Williams, Lamb’s accomplice and get-away driver, was also charged and sentenced. Williams pled guilty to one count of Bank Robbery.
Titus Lamb, 28, of Atlanta, Georgia was sentenced by U.S. District Court Judge Michael L. Brown to 19 years in federal prison, followed by five years of supervised release. On June 21, 2019, a jury found Lamb guilty of three counts of bank robbery, two counts of Hobbs Act robbery, and two counts of brandishing a firearm during those robberies.
This case was investigated by the FBI, the McDonough Police Department, the Morrow Police Department, and the Fayetteville Police Department.
Assistant U.S. Attorneys Dash A. Cooper and Stephanie Gabay-Smith prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected].
Venango County Resident was a Middleman in a Large-Scale Drug Conspiracy Investigated by the Greater Pittsburgh Safe Streets Task ForceRead the Press Release
PITTSBURGH, PA- A resident of Franklin, PA, pleaded guilty in federal court to charges related to narcotics trafficking in connection with a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, United States Attorney Scott W. Brady announced today.
Brian Salaj, 38, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl before United States District Judge William S. Stickman IV. Mr. Salaj is one of 37 defendants charged in the Indictment.
In connection with the guilty plea, the court was advised that in 2017, the Greater Pittsburgh Safe Streets Task Force initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and its drug-trafficking activity, in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February of 2019, the United States received authorization to conduct a federal wire investigation, which continued through June of 2019.
Intercepted communications demonstrated that Mr. Salaj conspired with others to distribute controlled substances, including heroin and fentanyl. Specifically, Mr. Salaj served as a middleman who purchased distribution-level quantities of narcotics from co-conspirators and then redistributed the narcotics to other customers. Mr. Salaj was responsible for the distribution of 15 grams of a mixture of heroin and fentanyl.
Judge Stickman scheduled sentencing for September 2, 2020. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. 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. Mr. Salaj remains on bond pending the sentencing hearing.
Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney’s Office Promotes DOJ’s Elder Justice Initiative at a Cumberland County Senior CenterRead the Press Release
FAYETTEVILLE –The United States Attorney’s Office for the Eastern District of North Carolina promotes the Department of Justice’s Elder Justice Initiative by conducting outreach and educating older adults at the Blue Street Senior Center about the latest scams so they do not fall victim.
The Department of Justice’s Elder Justice Initiative aims to combat the financial exploitation of our senior citizens by expanding efforts to investigate and prosecute financial scams that target seniors, educate older adults on how to identify scams and avoid getting ripped off by scammers, and promote greater coordination with law enforcement partners.
According to statistics collected by the FBI’s Internet Crime Complaint Center victims lost $2.71 billion dollars to fraud in 2018, and victims over the age of 60 lost $649,227.724.
Some examples of financial fraud targeting seniors discussed during the presentation were:
- Affinity Fraud – in which the scammer pretends to have some connection to the senior or a basis for establishing trust, such as being a member of the same cultural, racial, ethnic, or religious community.
- Prize Scam – also known as “lottery scam” in which the scammer claims you won a prize or lottery money but you have to pay a “processing fee” or taxes before you can claim the prize.
- Grandparent Scam – where the scammer convinces seniors that their grandchild is in trouble and needs money to pay rent, bills, unexpected car repairs, or even money for bail.
- Tech Support Scam – in which seniors may be surfing the internet and a pop-up appears claiming the computer is infected with a virus and is designed to get access to your computer.
- Romance Scam – where scammers start an online romantic relationship and lull victims into believing they need funds for a visit to the U.S. or some other purpose.
- Government Imposter Scam – where scammers threaten immediate arrest if money is not paid.
Some tips shared with the participants on how to avoid falling victim to a financial scam were:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Delete phishing emails and ignore harassing phone calls.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it’s too good to be true, it’s likely a scam.
Robert J. Higdon, the United States Attorney for the Eastern District of North Carolina, stated “By targeting older adults, scammers take advantage of some of the most vulnerable people in our society. We will continue to be vigilant in prosecuting these scammers, but we want to arm our older population with the proper knowledge to recognize the signs of financial fraud schemes so they will not become a victim. This is a priority of the Department of Justice and of the United States Attorney’s Office for the Eastern District of North Carolina.”
For more information about DOJ’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at https://www.justice.gov/elderjustice. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. You can also contact the Victim Connect Hotline between 9am-6pm, Monday through Friday, at: 1- 855-4VICTIM (1-855-484-2846), or contact the Elder Justice Coordinator at the U.S. Attorney’s Office for the Eastern District of North Carolina at (919) 856-4530.
U.S. Attorney's Office Collects over $8.2 Million in Civil and Criminal Actions and Restitution Payments in Fiscal Year 2019Read the Press Release
PORTLAND—U.S. Attorney Billy J. Williams announced today that the District of Oregon collected more than $8.2 million in criminal and civil actions and restitution payments made to victims in Fiscal Year 2019.
The U.S. Attorney’s Office, working with partner agencies and divisions, collected $2,925,024 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
As a whole, the Justice Department collected $9.3 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2019.
An example of the district’s collection efforts was in U.S. v. Jiang. In April 2019, Quan Jiang pleaded guilty to one count of trafficking in counterfeit trademarks for his role in smuggling into the U.S. and obtaining refunds for thousands of fake and altered Apple iPhones. Jiang imported more than 2,000 inoperable counterfeit iPhones and ultimately obtained approximately 1,500 genuine replacement iPhones, each with an approximate resale value of $600. On October 21, 2019, Jiang was sentenced to 37 months’ imprisonment and three years’ supervised release. In addition, he was ordered to pay $200,000 in restitution to Apple, which he remitted to the court prior to sentencing pursuant to his plea agreement with the government.
A second example is U.S. v. Med-Tech Resource LLC. From 2013 to 2015, Med-Tech defrauded the U.S. by intentionally misrepresenting the value and classification of emergency medical supply goods it imported from China. Med-Tech knowingly and repeatedly filed entry papers with U.S. Customs and Border Protection that misclassified and understated by half the value of the goods it imported, thereby fraudulently reducing the duties and fees it owed on those goods. Med-Tech paid $238,654 as part of a civil settlement to resolve claims against it under the False Claims Act. Med-Tech’s president, Michael Modrich, pleaded guilty to two counts of wire fraud, and was sentenced 18 months in prison and ordered to pay a $26,610 fine.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, the Department of Health and Human Services, the Internal Revenue Service, the Small Business Administration and the Department of Education.
U.S. Attorney Jay E. Town Announces Number of Federal Defendants Charged and Imprisoned Highest Ever RecordedRead the Press Release
BIRMINGHAM, Ala. – The number of defendants charged with federal crimes in the Northern District of Alabama in Fiscal Year (“FY”) 2019 and the percentage of those defendants sentenced to prison was the highest ever recorded, announced U.S. Attorney Jay E. Town.
“The priorities of the Department of Justice to reduce violent crime, aggressively address the opioid crisis, and protect the public fisc were all successfully executed by our office in 2019. I believe that our numbers are a reflection of effort by not only my office, but by all of the federal law enforcement agencies and our local and state partners who continue to investigate and refer more cases than ever before,” Town said. “More of our worst offenders are going to federal prison, and for longer. The Criminal, Civil, and Appellate Divisions are coordinating with the others in a true phalanx and, as a result, the office was more productive than ever before. This continues to build on the improvements made in 2018. Not only are prosecutions up, but we have increased our crime prevention efforts dramatically as well and the citizens of the Northern District of Alabama are safer as a result of these efforts.”
All of the caseload data and statistics below are extracted from the United States Attorneys’ Case Management System kept by the Department of Justice in Washington, D.C. The years ascribed to any particular data point are fiscal years, which runs from October 1st through September 30th of any given period. Unless otherwise specified, any comparisons of data are based upon comparisons to previous NDAL statistics.
The data provided by the Department of Justice shows that the 97% of NDAL defendants pleaded guilty, which is largely a result of robust investigations and prosecutorial efforts. The 706 defendants prosecuted by NDAL’s Criminal Division is the single largest number of defendants ever prosecuted by this office, up 22.8% over FY-2018’s 575, which was previously the largest number of defendants prosecuted in a single year since FY-2007. The 706 defendants in FY-2019 is also a 73% increase over the 408 defendants prosecuted just three years ago in FY-2016. The 1281 defendants prosecuted by the Criminal Division in the past two fiscal years, and the 1821 defendants prosecuted by the Criminal Division in the past three fiscal years, accounts for the largest collective number of defendants prosecuted in consecutive years ever recorded in the District.
The number of defendants sentenced to prison in FY-2019 rose 13.7% from 387 defendants in FY-2018 to 440 defendants in FY-2019.
According to the data provided by the Department of Justice, the Northern District of Alabama received more cases from investigative agencies in 2019 than has ever been recorded. The 800 matters received by NDAL topped the previous record of 786 from 2018.
Criminal Division trials increased 150% in FY2019. Over 41% of all defendants sentenced to prison received a term of incarceration of more than 5 years. Nearly 36% of all defendants sentenced to prison received a term of 26-60 months.
Illegal Immigration cases increased by 34% to 63 defendants, the largest number ever recorded in this district. The defendants charged also represented a 394% increase over those illegal immigration defendants filed just 3 years ago in FY-2016.
Defendants prosecuted for drugs increased by 44.4% to 244 defendants. The 413 defendants prosecuted for all drugs in FY-2019 and FY-2018 is the largest two year accumulation of drug prosecutions ever recorded. The percentage of drug defendants sentenced to more than 5 years in federal prison has risen in each of the past three fiscal years by an average of 62.5%. Approximately 71% of Organized Crime Drug Enforcement Task Force (OCDETF) defendants were sentenced to more than 5 years in federal prison. This supports our belief that we are prosecuting the most serious drug traffickers.
The Northern District of Alabama has prosecuted five defendants for terrorism or national security offenses in the past two fiscal years.
There were 281 defendants prosecuted for violent crimes in FY-2019, which is the largest number recorded. The previous record was 259 (FY-2018) which broke the previous record of 239 (FY-2017) which broke the previous record of 224 (FY-2006).
There were 82 cases filed against white collar defendants, which is the highest number since 2014 and an increase of 34.4% over the previous fiscal year.
The Civil Division filed 815 matters in FY-2019, which is a nearly 7% increase.
There were no appeals decided against the United States for the first time since FY-2015, a credit to the work of the Appellate Division.
U.S. Attorney Christina E. Nolan Recognizes Law Enforcement Appreciation DayRead the Press Release
Every year, we observe Law Enforcement Appreciation Day (LEAD) on January 9. On this day, we celebrate and honor our brave men and women in uniform. Every day, our law enforcement officers put their lives on the line to keep us safe, to combat dangerous crime, and to help preserve the Green Mountain State’s unique beauty and quality of life. This involves tremendous daily sacrifice on their parts, to be sure, but also on the parts of their families and loved ones, who worry that officers will come home to them safely at shift’s end.
Consider the case of a young patrol officer, who had recently graduated from the Vermont Police Academy. Last year, she responded to a domestic violence call on behalf of her local Vermont police department. When she arrived to the residence – alone, as backup had not yet arrived – she found a badly beaten, bloody, and unconscious woman on the floor. A man of large stature stood in proximity to her body. When the newly-minted officer gave commands to the man, he did not comply; instead, he walked over to the unconscious female and continued to beat her with his fist. Without firing shots or drawing her gun, the female officer subdued the assailant on her own, saving the woman’s life. This is heroism. And heroic acts like these are performed by our law enforcement officers every day. For every dispatch and 911 call to which they respond, they have no idea what danger may await them. But, in the name of our safety, they always respond and they get there as quickly as they can.
On January 9, take a moment to show support for those who serve and protect. Send them an email, take them to coffee or lunch, tweet support for them, or just give them a call and say “thank you.” This is the least we can do to give back to those who dedicate their lives to public protection and run toward danger to keep us safe. On LEAD and every day, the U.S. Attorney’s Office in Vermont is deeply grateful to its law enforcement partners at the federal, state, local, and county levels. We know that none of our cases are possible without your sacrifice and dedication, and we look forward to continuing our work together to promote justice and public safety in 2020.As we enter this New Year, it’s also a good time to reflect upon, and raise awareness of, officer wellness issues. 2019 witnessed 228 officer suicides nationwide, up from 172 in 2018. Three Vermont officers have died by suicide since 2016. The trauma, stress, and long hours of the job – and harrowing experiences like responses to violent domestics – contribute to these tragic figures. While there is much we can and should do to address the tragedy, a doubling-down of appreciation and support for officers would be a great and much-needed start. The Department of Justice recently launched the HERE, HELP, HOPE campaign. Men and women in uniform, we are “here” for you. If you wear the uniform, or someone you love wears the uniform, there is “help” – call 1800273TALK or text “blue” to 741741. Above all, there is always “hope.”
U.s. Attorney’s Office Collects Nearly $54 Million in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
(Cleveland, Ohio) - U.S. Attorney Justin E. Herdman announced today that the Northern District of Ohio collected $39,306,678.20 in criminal and civil actions in Fiscal Year 2019. Of this amount, $32,884,564.20 was collected in criminal actions and $6,422,114.00 was collected in civil actions.
Additionally, the U.S. Attorney’s Office for the Northern District of Ohio, working with partner agencies and divisions, collected $14,622,034 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
Accordingly, a combined $53,928,712.20 was collected by the U.S. Attorney’s Office for the Northern District of Ohio in FY 2019.
“These figures represent money returned to the United States through the hard work and outstanding effort of our employees and law enforcement partners” said U.S. Attorney Justin E. Herdman. “Whether we are representing the United States in a criminal or a civil action, we will always seek to maximize the financial interests of our country in resolving these cases.”
Separately, the Northern District of Ohio worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $1,239,149.51 in cases pursued jointly by these offices. Of this amount, $35,206.84 was collected in criminal actions and $1,203,942.67 was collected in civil actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
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Two Plead Guilty for Roles in Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – Two defendants pled guilty for their roles in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart.
“This collaborative investigation dismantled a drug trafficking organization that was transporting significant amounts of meth from Akron into West Virginia,” said United States Attorney Mike Stuart. “Although our work is never done, it is through investigations like this that we are able to disrupt the supply of dangerous drugs coming into our state and hold drug dealers accountable.”
Bruce David Angeli, 57, of Charleston, pled guilty to conspiracy to distribute 50 grams or more of methamphetamine. Angeli admitted that between May and June of 2019, he participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Angeli frequently obtained quantities of methamphetamine which were transported by other co-conspirators from Akron to be sold in multiple cities in West Virginia including Huntington and Charleston. Once Angeli was supplied with the methamphetamine, he would distribute it to other individuals in various amounts. As part of his plea agreement, Angeli admitted that he was responsible for distributing up to 200 grams of methamphetamine. Angeli faces 5 to 40 years in prison when sentenced on April 6, 2020.
Darla Renae Lattea, 40, of Scott Depot, pled guilty to possession with intent to distribute 500 grams or more of methamphetamine and prohibited possession of firearms by an unlawful drug user. Lattea admitted that, on June 11, 2019, agents executed a search warrant at her residence in Scott Depot. During the search, agents seized approximately 1.5 pounds of methamphetamine and four firearms. Lattea was present in the residence during the search and admitted that she possessed the methamphetamine and intended to sell it. Lattea also admitted that she possessed the firearms and that she was a regular user of methamphetamine. As part of her plea, Lattea further admitted that between April and September of 2019, she participated with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Lattea obtained large quantities of methamphetamine which were transported from Akron and sold in multiple cities in West Virginia including Hurricane, Scott Depot, and Charleston. Lattea admitted that she was supplied methamphetamine on credit, that she would distribute the methamphetamine, and that she would return proceeds from the sales to drug dealers from the Akron area. Lattea also admitted that she was responsible for distributing up to 5 kilograms of methamphetamine during the conspiracy. Lattea faces 10 years to life in prison when sentenced on April 13, 2020.
The joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Task Force, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearings. Assistant United States Attorney Joseph F. Adams is handling the prosecutions.
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Two People Sentenced for Aiding and Abetting Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that Julia Pease, Ft. Thompson, South Dakota, and Chad Pease, Chamberlain, South Dakota, were convicted of Aiding and Abetting Sexual Abuse of a Minor, and sentenced by Chief Judge Roberto A. Lange, U.S. District Court.
Julia Pease, age 25, was sentenced on November 18, 2019, to 24 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chad Pease, age 25, was sentenced on January 2, 2020, to 34 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Julia Pease and Chad Pease were indicted by a federal grand jury on March 12, 2019. Julia pled guilty on August 27, 2019, and Chad pled guilty on October 9, 2019.
The conviction stemmed from an incident on July 6, 2015, where both defendants engaged in and attempted to engage in a sexual act with a minor under the age of 16.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Julia Pease and Chad Pease were immediately turned over to the custody of the U.S. Marshals Service.
Two More Defendants Sentenced to Federal Prison for Their Role in Staged Accident SchemeRead the Press Release
Spokane – William D. Hyslop, United States Attorney for the Eastern District of Washington, announced that Brittany Jo Harris, age 34, of Newport, Washington, and Michele Lee Smith, age 49, of Spokane Valley, Washington were sentenced for their respective participation in an insurance fraud scheme involving staged automobile, boating and stair fall accidents. Chief United States District Judge Thomas O. Rice sentenced Harris to a 13-month term of imprisonment and Smith to a 10-month term of imprisonment, to be followed by a 3-year term of court supervision after each is released from federal prison. Chief Judge Rice also ordered Harris to pay restitution in the amount of $135,000 and forfeiture of $135,000, and Smith to pay restitution in the amount of $76,000 and forfeiture of $76,000. Harris pled guilty in April 2019, to one count of healthcare fraud conspiracy, one count of mail and wire fraud conspiracy and two counts of mail fraud. Smith pled guilty in May 2019, to guilty to one count of mail and wire fraud conspiracy and four counts of mail fraud.
According to information disclosed during court proceedings, Harris was involved in five staged accidents (two automobile, one boating, and two stair fall) that defrauded insurance companies out of $997,202. Harris received approximately $135,000 of the fraud proceeds. Smith was involved in two staged stair fall accidents and one staged automobile accident in a parking lot that defrauded insurance companies out of $472,650. Smith received approximately $76,000 of the fraud proceeds. Harris and Smith played “injured victims” in several phony accidents and received medical treatment for fictitious or intentionally inflicted injuries.
United States Attorney Hyslop said, “Insurance and health care fraud are serious crimes that affect society in the form of higher premiums. Harris and Smith’s fraudulent conduct also needlessly caused health care providers, emergency personnel and police officers to expend precious resources that otherwise could have been usd to assist true victims. The sentence imposed reflects the roles Harris and Smith played in the scheme. The United States Attorney’s Office for the Eastern District of Washington is dedicated to prosecuting aggressively those individuals who may engage in such conduct. I commend the FBI, IRS Criminal Investigation and U.S. Marshals Service for their outstanding work investigating this case.”
This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service Criminal Investigation, U.S. Marshals Service and U.S. Attorney’s Office for the Eastern District of Washington Criminal Healthcare Fraud Investigator, with assistance from the National Insurance Crime Bureau. This case was prosecuted by George J.C. Jacobs, III, and Brian Donovan, Assistant United States Attorneys for the Eastern District of Washington.
Two Jackson County Women Plead Guilty to Stealing FirearmsRead the Press Release
CHARLESTON, W.Va. – Two Jackson County women pled guilty to a firearm offense, announced United States Attorney Mike Stuart. Destiny Moore, 19, and Rebecca Sellers, 18, of Ravenswood, pled guilty to stealing firearms from a licensed firearms dealer.
“Tragic. Stealing firearms from a licensed dealer is a serious federal offense,” said United States Attorney Mike Stuart. “These young people who should be thinking about going to school or work, or what movie they would like to see, instead find themselves waiting to learn how much time they will be spending in federal prison as a result of their crimes.”
Moore and Sellers admitted that in the middle of the night on April 7, 2019, along with James Evans and a juvenile, they stole approximately 24 firearms from the Old and New Sports store located in Ravenswood and stole approximately 24 firearms. Moore drove Sellers’ vehicle during the robbery while Evans and the juvenile broke into the store. Police have recovered most of the stolen firearms. Evans pled guilty on December 11, 2019, and the juvenile was prosecuted in Jackson County Circuit Court.
Moore and Sellers face up to 10 years in prison when sentenced on April 22, 2020. Evans is scheduled to be sentenced on April 15, 2020.
The Ravenswood Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Joshua Hanks handled the prosecution.
This case is being prosecuted as part of the Project Safe Neighborhoods (PSN) program, 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.
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Two Defendants Charged with Crimes Relating to Public Corruption in Mobile CountyRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that James Antuan Blackman and Kim Wright Green have been charged in two separate federal cases with offenses regarding public corruption in local government in Mobile County, Alabama. Blackman and Green face related state charges in Mobile County.
On December 18, 2019, a federal grand jury for the Southern District of Alabama returned an 18-count indictment against Blackman, charging him with theft concerning programs receiving federal funds, wire fraud, and money laundering. His arraignment in federal district court in Mobile is scheduled for January 15, 2020. According to the indictment, from around November 2016 to around January 16, 2018 Blackman was the Chief of Staff and Administrative Assistant to the Mayor of Prichard, Alabama. In that position, Blackman was an agent of the City of Prichard, Alabama, a local government that received over $10,000 under a federal program involving federal assistance during each year material to the indictment.
The indictment charges that from around November 2016 to around January 2018, Blackman used his position with the City of Prichard to enrich himself by diverting to his personal benefit approximately $200,000 in money and property belonging to the City of Prichard. According to the indictment, Blackman enriched himself by submitting false invoices to the City of Prichard; by taking and depositing for himself checks payable to the City of Prichard, and checks payable to other entities in the care, custody and control of the City of Prichard; and by using his position with the City of Prichard to divert ownership of real property from the City of Prichard for his personal benefit. The indictment also charges that Blackman laundered money by causing a wire transfer of approximately $39,200.36 to be sent from a bank account that he controlled to a title company to facilitate the purchase of real property.
In December 2019, United States Attorney Moore charged Green in a 3-count information, alleging that she had committed theft concerning programs receiving federal funds and filed a false tax return. Green’s arraignment in federal court in Mobile is scheduled for January 10, 2010. According to the criminal information, from around January 2013 to around February 2017 when Green was the City Clerk of the City of Creola, she allegedly embezzled money from the city, resulting in a financial loss to the city of approximately $241,581.
The criminal information against Green further alleges that from around March 2017 to around November 2019, when Green was the City Clerk of the City of Prichard, she allegedly embezzled money from the City of Prichard as Prichard’s City Clerk, resulting in a financial loss to the city of approximately $158,449. Moreover, the criminal information alleges that Green filed a false tax return that stated that her adjusted gross income was $57,341 for the calendar year 2015, whereas, as Green then and there knew, her actual adjusted gross income allegedly exceeded $57,341 for that year, during which she embezzled more than $56,000 from the City of Creola and knowingly failed to report her criminal proceeds as income on her tax return.
Criminal indictments and informations contain only allegations and are not evidence of guilt. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
The Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation are investigating the federal cases with assistance from the Investigations Team of the Mobile County District Attorney’s Office. Assistant United States Attorneys George Martin and Sinan Kalayoglu are prosecuting the cases.
Two Brothers in Warrensburg, KC Plead Guilty to Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Warrensburg, Missouri, man and a Kansas City, Missouri, man pleaded guilty in federal court today to illegally possessing firearms that they sold to an undercover federal agent.
Rufus C. Thomas, also known as “Jackpot,” 30, of Warrensburg, and his brother, Hashir Abdur-Rahman, also known as “Jeremiah Monroe” and “The Noble King,” 42, of Kansas City, pleaded guilty in separate appearances before U.S. District Judge Stephen R. Bough.
Thomas pleaded guilty to four counts of being a felon in possession of firearms. Abdur-Rahman pleaded guilty to one count of being a felon in possession of a firearm. Each of the instances in which Thomas and Abdur-Rahman illegally possessed firearms involved the illegal sale of firearms to an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
By pleading guilty today, Thomas admitted that he was in possession of a Ruger .22-caliber pistol with an obliterated serial number, a Maverick 12-gauge shotgun, and a Smith & Wesson 9mm pistol on Oct. 5, 2017. Thomas also admitted that he was in possession of a Heritage .22-caliber revolver and two Remington 12-gauge shotguns with obliterated serial numbers on Oct. 24, 2017. Thomas also admitted that he was in possession of a Strassel 9mm pistol on Dec. 21, 2017.
Abdur-Rahman admitted that he was in possession of a Winchester 12-gauge shotgun on Dec. 7, 2017. Abdur-Rahman also admitted that he sold the shotgun to an undercover federal agent, on behalf of Thomas, for $350.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Thomas has prior felony convictions for burglary, possession of a controlled substance, being a felon in possession of a firearm, and two prior felony convictions for theft. Abdur-Rahman has a prior felony conviction for possession with the intent to sell illegal drugs.
Under federal statutes, Thomas and Abdur-Rahman are each subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Stefan C. Hughes. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Tucson Woman Sentenced to 10 Years for Distribution of Fentanyl Resulting in DeathRead the Press Release
TUCSON, Ariz., on January 7, 2020, Lana Leshinsky, 43, of Tucson, Ariz., was sentenced by U.S. District Court Judge Raner C. Collins to 10 years of imprisonment followed by three years of supervised release. Leshinsky previously pleaded guilty to distribution of fentanyl resulting in death.
On July 13, 2017, Leshinsky sold fentanyl powder to the victim, who ingested the substance during the early morning hours of July 14, 2017, and died shortly thereafter.
This case was investigated by the Drug Enforcement Administration. The prosecution was handled by Stefani Hepford and Erica Seger, Assistant U.S. Attorneys, District of Arizona, Tucson.
Three Members of Trip-And-Fall Scheme Sentenced to Prison for A $31.7 Million Scheme to Defraud New York City-Area Businesses and Their Insurance CompaniesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that BRYAN DUNCAN, ROBERT LOCUST, and RYAN RAINFORD were sentenced yesterday by U.S. District Judge Sidney H. Stein to prison in connection with their participation in a multimillion-dollar trip-and-fall fraud scheme. DUNCAN was sentenced to 80 months in prison; RAINFORD was sentenced to 68 months in prison; and LOCUST was sentenced to 60 months in prison.
On May 28, 2019, DUNCAN, LOCUST, and RAINFORD were each convicted for their participation in a conspiracy to commit mail and wire fraud following a three-week trial before Judge Stein. The jury also convicted DUNCAN of a second count of conspiracy to commit mail and wire fraud, along with one count of mail fraud and one count of wire fraud. Co-conspirators Peter Kalkanis, a former chiropractor, and Kerry Gordon previously pled guilty before Judge Stein to conspiracy to commit mail and wire fraud, mail fraud, and wire fraud. Kalkanis also pled guilty to aggravated identity theft. Kalkanis and Gordon have yet to be sentenced.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Bryan Duncan, Robert Locust, and Ryan Rainford were each sentenced to lengthy prison terms for their roles in an age-old fraud scheme that was callous and exploitive. They honed the slip-and-fall ‘accident’ to an efficient operation, recruiting people to stage accidents, filing fraudulent lawsuits against property owners, steering ‘accident victims’ to particular crooked medical clinics, and often even directing them to have unnecessary surgeries. Now they will spend years in prison for their crimes.”
Judge Stein said during LOCUST’s sentencing: “The whole essence of this conspiracy is find the down-and-out, find the desperate, find the homeless. No person who has a job and education and can support his or her family even minimally is going to say, ‘Oh, I’ll undergo unnecessary back surgery for a thousand dollars.’ These people were vulnerable and desperate.”
According to the evidence introduced at trial, other proceedings in this case, and documents previously filed in Manhattan federal court:
Between in or about 2013 through 2018, DUNCAN, LOCUST, and RAINFORD, the defendants, engaged in a widespread fraud scheme through which the defendants defrauded businesses and insurance companies by staging trip-and-fall accidents and filing fraudulent lawsuits arising from those staged trip-and-fall accidents. Fraud scheme participants, including the defendants, recruited hundreds of individuals to stage trip-and-fall accidents at particular locations throughout New York City and to claim that they injured themselves as a result of their accidents. Common accident sites used during the fraud scheme included cellar doors, cracks in concrete sidewalks, and purported “pot holes.” The defendants instructed the recruited patients to claim that they sustained injuries to particular areas of their bodies, including the knees, shoulders, and/or back – body parts that, if injured, would reap high recoveries in personal injury lawsuits.
After the staged trip-and-fall accidents, recruited patients were referred to specific attorneys who would file lawsuits against the owners of the accident sites and/or insurance companies of the owners of the accident sites (the “Victims”). The lawsuits did not disclose that the recruited patients had deliberately fallen at the accident sites or, in some cases, had not fallen at all. During the course of the fraud scheme, the defendants, together with others known and unknown, attempted to defraud the Victims of at least $31,791,000.
The recruited patients were also instructed to receive ongoing medical treatment from certain chiropractors and doctors. The fraud scheme participants advised the recruited patients that if they intended to continue with their lawsuits, they were required to undergo surgery to increase the value of their fraudulent lawsuits. The medical procedures included discectomies, spinal fusions, non-surgical epidural injections, and knee and shoulder surgeries. As an incentive to getting surgery, the recruited patients were offered payments after they completed surgery as well as a percentage of any settlement payments from their lawsuits. Patients generally had two surgeries and received between $1,000 and $1,500 after each surgery.
The defendants recruited low-income individuals as patients – individuals desperate enough to undergo surgeries in exchange for these small post-surgery payments. In some instances, the defendants even recruited patients from homeless shelters in New York City. Over the course of the trial, more than 20 witnesses testified, including 11 patients who admitted to staging trip-and-fall accidents at the direction of DUNCAN, LOCUST, RAINFORD, or other co-conspirators.
DUNCAN was one of the organizers and leaders of the scheme. DUNCAN recruited patients into the scheme, organized the recruited patients’ legal and medical appointments, and assisted in procuring the funding for the recruited patients’ medical treatment and lawsuits. DUNCAN and his partner Kerry Gordon, who started their own case management and legal funding companies, made over $1.5 million in profit from the fraud scheme.
LOCUST and RAINFORD helped recruit patients into the fraud scheme, transported patients to medical and legal appointments, identified potential accident sites, made payments to recruited patients, and coached recruited patients on faking their injuries.
Peter Kalkanis, was another organizer and leader of the scheme. Kalkanis paid his co-defendants to recruit patients into the scheme and transport the patients to medical and attorney appointments.
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In addition to the prison terms, DUNCAN, RAINFORD, and LOCUST, were each sentenced to three years of supervised release.
Mr. Berman praised the outstanding investigative work of the New York Field Office of the Federal Bureau of Investigation and the New York City Police Department. Mr. Berman also thanked the National Insurance Crime Bureau for their assistance in the investigation.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Nicholas Folly, Alexandra Rothman, and Nicholas Chiuchiolo are in charge of the prosecution.
Three Dominican Nationals Indicted for Fentanyl ConspiracyRead the Press Release
BOSTON – Three Dominican nationals living in Lawrence were indicted today by a federal grand jury in a four-count indictment.
Francis Jimenez Minyetty, 38, Enmanuel Brioso Fabal, 29, and Nieves Guzman, 32, were indicted for conspiracy to distribute and possession with intent to distribute fentanyl. The defendants were charged by criminal complaint and arrested on Nov. 2, 2019.
According to court documents, investigators conducted two controlled purchases of suspected fentanyl from Brioso Fabal and Jimenez Minyetty: approximately 500 suspected fentanyl pills on Aug. 5, 2019, and approximately 55 grams of suspected fentanyl powder on Sept. 26, 2019. On Nov. 2, 2019, investigators executed a search warrant at a suspected stash house in Lawrence associated with this drug organization and encountered Guzman, who had a kilogram brick of fentanyl in her purse. At the stash house, investigators also located various drug distribution paraphernalia, including a mixing bowl containing suspected fentanyl, sifters and blenders.
The charge of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl, and distribution of 40 grams or more of fentanyl —applicable to Brioso Fabal and Jimenez Minyetty—carries a mandatory minimum sentence of five years and up to 40 years in prison, at least 4 years of supervised release and a fine of $5 million. The charges of possession with intent to distribute 400 grams or more of fentanyl and conspiracy to distribute 400 grams or more of fentanyl—applicable to Guzman— carry a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. The case is being prosecuted by Lelling’s Narcotics and Money Laundering Unit.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Texas man sentenced for trafficking methRead the Press Release
LAREDO, Texas – A 40-year-old resident of San Antonio has been ordered to prison following his conviction of conspiring to import approximately two kilograms of meth, announced U.S. Attorney Ryan K. Patrick.
Santos Rene Deleon pleaded guilty July 3, 2019.
Today, U.S. District Judge Marina Garcia Marmolejo handed Deleon a 87-month sentence to be immediately followed by three years of supervised release. At the hearing, the court noted Deleon had a lengthy criminal history and had stated he was trafficking drugs to pay off a debt.
On April 17, 2019, Deleon entered the United States through the Laredo port of entry as the passenger in a 2000 red Dodge Durango. Authorities soon discovered approximately 1.98 kilograms of meth inside the vehicle’s driveshaft.
Deleon admitted he knowingly imported the drugs into the United States from Mexico with the intent to deliver them to San Antonio. He expected to be paid $3,000.
The drugs had an estimated street value of $14,000.
Deleon will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’ s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Francisco J. Rodriguez prosecuted the case.
St. Francis Man Sentenced for Assault by Striking, Beating, or WoundingRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on January 6, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Jason Corey Poorman, Sr., age 43, was sentenced to 12 months in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Poorman was indicted by a federal grand jury on May 14, 2019. He pled guilty on January 6, 2020.
The conviction stemmed from an incident that occurred in St. Francis between December 20, 2018, and December 21, 2018, wherein Poorman assaulted his girlfriend, causing bodily injury.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Poorman was immediately turned over to the custody of the U.S. Marshals Service.
Shelbyville man sentenced to 200 years in federal prison for persistent and perverse sexual exploitation of a childRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Jeffrey Esposito, 54, of Shelbyville, Indiana, was sentenced in federal court, by U.S. District Chief Judge Jane Magnus-Stinson, to 200 years in federal prison, after having previously pleaded guilty to sexual exploitation of a child and possession of child pornography.
“Esposito tortured, sexually abused, and sexually exploited children for years,” said Minkler. “Judge Magnus-Stinson’s sentence ensures that he will never come in contact with another child again.”
On April 11, 2018, Jeffrey Esposito was charged by indictment with twenty counts of sexual exploitation of a child and one count of possession of child pornography. The first twenty charges relate to the recording of his repeated sexual abuse of his minor victim. The defendant’s sexual abuse of the victim started when the victim was approximately 7-8 years old and continued for years, including bondage and torture sessions with choking, whipping, and other forms of pain. The twenty counts represent twenty images or videos of abuse and exploitation over multiple occasions out of the hundreds of sexual abuse files that the defendant created using this minor victim. The defendant was a member of various websites devoted to the sexual exploitation of children on an anonymous network, and he participated on various anonymous chatting platforms where he met other offenders, shared his produced material, and specifically requested and received child pornography from those users in exchange. The final charge represents the thousands of other depictions of sexual abuse that Esposito maintained on his various devices, which included images and videos depicting bondage and torture, images and videos depicting children as young as three years old, and images and videos of minor victims who were abused by other offenders specifically for Esposito’s benefit.
This case was investigated by the Department of Homeland Security Investigations (HSI).
“Let this sentence serve as a reminder that HSI is committed to standing firmly in the way of those who prey on and exploit our most vulnerable population – our children,” said Special Agent in Charge James M. Gibbons. “HSI, in cooperation with our law enforcement and judicial partners, will work tirelessly to identify and bring to justice individuals who commit these heinous crimes.”
According to Assistant United States Attorney Steven D. DeBrota and Department of Justice, Child Exploitation and Obscenity Section, Trial Attorney Lauren S. Kupersmith, who prosecuted this case for the government, Esposito will serve lifetime supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to utilize and partner with law enforcement agencies to prosecute individuals engaged in the sexual exploitation of children. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 4.1.
Sacaton Man Sentenced to over 4 Years for Assaulting Gila River Police OfficersRead the Press Release
PHOENIX, Ariz. – On January 6, 2020, Pete Terry, 42, of Sacaton, Arizona, an enrolled member of the Gila River Indian Community, was sentenced by U.S. District Judge John J. Tuchi to 51 months in prison, to be followed by 3 years of supervised release. The defendant pleaded guilty on October 3, 2019, to Assault on a Federal Officer and Assault Resulting in Serious Bodily Injury.
On March 19, 2019, the defendant pointed a handgun at a Gila River police officer and then attempted to evade other Gila River police officers as they attempted to arrest him. The defendant drove through the desert, ran stop signs, and eventually hit another Gila River police officer’s vehicle causing serious injuries to that officer.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
Rosebud Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on January 6, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Mario Lopez, Jr., age 18, was sentenced to 2 years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Lopez was charged by criminal complaint on September 10, 2019.
The conviction stemmed from an incident that occurred on September 10, 2019, when Lopez bit his girlfriend on her arm.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Lopez was released following sentencing.
Richmond Hill man charged in 'intricate scheme' to frame former acquaintance in health care investigationRead the Press Release
SAVANNAH, GA: A Richmond Hill man who claimed to be a whistleblower has been charged with falsely accusing a former acquaintance of patient privacy violations.
Jeffrey Parker, 43, is charged in a federal information with one count of False Statements, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a possible sentence of up to five years in federal prison.
“Falsely accusing others of criminal activity is illegal, and it hinders justice system personnel with the pursuit of unnecessary investigations,” said U.S. Attorney Christine. “This fake complaint caused a diversion of resources by federal investigators, as well as an unnecessary distraction for an important health care institution in our community.”
As outlined in court documents, Parker “engaged in an intricate scheme” in which he contacted the U.S. Department of Justice (DOJ) to claim that a former acquaintance had violated privacy provisions of the Health Insurance Portability and Accountability Act (HIPAA).
As part of the scheme alleged, Parker created email addresses using the names of real individuals and pretended to be these individuals to make it appear as if the acquaintance committed a crime. He sent these communications to the hospital where the acquaintance worked, to the DOJ, and to the FBI. Parker then claimed to have received threatening messages in retaliation for blowing the whistle, and FBI agents took steps to ensure his safety and quickly investigate the alleged crime. After an FBI agent interviewing Parker found inconsistencies in his story, Parker admitted the statements he made and emails he sent were false.
“The allegations against Parker are disturbing because they not only undermine whistleblower laws, they also waste investigative resources and damage the falsely accused,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Hopefully the quick uncovering of this alleged scheme by our investigators will send a message that these types of actions will be exposed and justice will be served.”
A criminal information represents a charge, and defendants are presumed innocent unless and until proven guilty.
The case was investigated by the FBI, and is being prosecuted for the United States by Assistant U.S. Attorney J. Thomas Clarkson.
Richard Whitcomb Imprisoned for Firearm OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Richard Whitcomb, 40, of White River Junction, was sentenced in the United States District Court in Rutland today to 37 months in prison after his guilty plea to being a felon in possession of a firearm. Chief Judge Geoffrey Crawford also ordered that Whitcomb serve three years of supervised release when he completes his prison term. Whitcomb has been incarcerated since his guilty plea to the charge in September 2019.
According to court documents, on January 11, 2018, 19-year-old Austin Colson disappeared from the Royalton area of Vermont. In May 2018, investigators found Colson’s body inside a barn on Beaver Meadow Road in Norwich where Richard Whitcomb had been a caretaker. Colson’s death has been ruled a homicide caused by gunshot.
Shortly after Colson’s disappearance, law enforcement learned that Whitcomb had been scheduled to meet with Colson on the morning of January 11 to go looking for scrap metal. This prompted investigators to ask Whitcomb for an interview. During that interview, Whitcomb said he spoke with Colson on the morning of January 11 and agreed that he was scheduled to meet Colson to go scrapping. Whitcomb claimed, however, that Colson never showed. Whitcomb further told investigators that Colson was his drug supplier and that he would obtain drugs from Colson and turn around and sell them. Whitcomb had also recently given Colson a firearm as collateral to hold in exchange for cocaine. Whitcomb said he sold the cocaine obtained from Colson and later paid Colson back and retrieved the firearm. Whitcomb is a previously convicted felon.
After the interview, Whitcomb allowed investigators to seize cell phones located at his residence, along with ammunition and the firearm he used as collateral during the drug deal with Colson. During a search of Whitcomb’s cell phone, investigators learned that text messages and other information on the phone had recently been deleted. However, investigators found that the last search in the Safari web browser on the phone—a search conducted just days after Colson’s disappearance and hours before Whitcomb was interviewed by detectives—was a search for: “How long does GSR last.” GSR is a common acronym for “gunshot residue.”The investigation into the homicide of Austin Colson is still ongoing.
Whitcomb was indicted for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and for possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c). Whitcomb pleaded guilty to the felon in possession charge in exchange for his agreement to serve 37 months in prison. The government dismissed the 924(c) count.
This case was investigated by the Vermont State Police and is part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Whitcomb is represented by Brad Stetler, Esq. The prosecutor is Assistant U.S. Attorney Wendy L. Fuller.
Ranking gang member sentenced for drug traffickingRead the Press Release
VICTORIA, Texas – A ranking member of the Texas Chicano Brotherhood (TxCB) has been ordered to federal prison following his conviction of conspiracy to possess and distribution of more than 1,000 kilograms of marijuana, announced U.S. Attorney Ryan K. Patrick.
Rafael Diaz, 31, Rio Grande City, pleaded guilty Feb. 4, 2019.
Today, Senior U.S. District Judge John D. Rainey handed Diaz 145-month sentence to be immediately followed by five years of supervised release.
The TxCB is a violent criminal organization operating primarily in Starr County and Hidalgo Counties. Members have been involved in numerous crimes to include drug, firearms and human trafficking; kidnappings; home invasions; aggravated assaults; murders and other major crimes.
As a result, law enforcement launched a multi-agency investigation in May 2016. The investigation resulted in the identification of at least 70 members and criminal associates of the TxCB to include their leadership.
Authorities had identified Diaz and other TxCB members as part of a “rip crew.” The crew used force and intimidation to steal marijuana from drug smugglers and traffickers along the Rio Grande Valley area and re-sell it at discounted prices.
The investigation involved the smuggling and distribution of at least 1,000 kilograms of marijuana between February 2017 and February 2018. During that time, Diaz and other TxCB members were responsible for smuggling and/or stealing multiple loads of marijuana in and around Rio Grande City. Law enforcement interdicted at least five loads linked to Diaz and other members of the TxCB.
Diaz will remain in custody pending transfer to a U.S. Bureau of Prison facility to be determined in the near future.
The Texas Department of Public Safety conducted the investigation along with Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Customs Enforcement’s Homeland Security Investigations; District Attorney’s Offices in Starr and Hidalgo Counties; and the Texas Attorney General’s Office. Assistant U.S. Attorneys Patti Hubert Booth and David Paxton prosecuted the case.
Pukwana Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Pukwana, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on January 2, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Sidney Dubray, age 25, was sentenced to 30 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dubray was indicted by a federal grand jury on May 14, 2019. He pled guilty on September 25, 2019.
The conviction stemmed from an incident on December 20, 2018, when Dubray and the victim were drinking and got into a shouting match. When the victim left the argument to sit on the couch, Dubray grabbed a kitchen knife in anger and stabbed the victim in the back of his head.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Dubray was immediately turned over to the custody of the U.S. Marshals Service.
Portsmouth Man Pleads Guilty to Wire Fraud ChargesRead the Press Release
CONCORD - John Foster, 56, of Portsmouth, pleaded guilty in federal court on Monday to four counts of wire fraud, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from 2014 to sometime in May of 2018, Foster owned multiple limited liability corporations (LLCs) which he used in his scheme. In each of the schemes, Foster defrauded victims to obtain money that he claimed would be used for business projects, but actually used the money for his own personal benefit.
In 2018, Foster owned J.O. Foods, a company that facilitated the purchase and shipment of food to foreign countries. He agreed to send several thousand pounds of lobster to Vietnam. A customer agreed to pay J.O Foods a total of $145,500 for the delivery of the lobster. Foster falsely assured the company that the lobster was being shipped and induced the customer to send him over $100,000.
In 2014, Foster owned JM Application, Design and Technologies, LLC, which purportedly developed and sold mobile computer applications. Foster used false representations to persuade seven individuals to invest $250,000 in the business and falsely claimed that the money was being used to further business development when Foster actually used the money for his personal benefit.
In 2015, Foster promised to investors that he would develop an app called “Rocket Dog” to assist a business. Foster convinced an individual to invest over $156,000 to develop the app. During the next several months, Foster provided misleading information and material about the development of the Rocket Dog app and used most of the money for personal expenses.
In 2015, Foster also offered to create an app for another business and falsely claimed to have secured a patent for the app. He used false representations to persuade individuals to provide over $120,000 that he falsely claimed would be used to develop the app. Foster actually used most of the money for his personal benefit.
Foster, who was detained pending sentencing, is scheduled to be sentenced on April 13, 2020.
“White collar crimes deprive victims of their hard-earned money,” said U.S. Attorney Murray. “Those who engage in fraud schemes should be aware that they will be caught, arrested, and prosecuted. We will work with the FBI and all of our law enforcement partners to seek justice on behalf of their victims.”
"John Foster finally accepted responsibility for running a variety of scams behind the mask of a legit entrepreneur, designed to reel in more than a half-million dollars from multiple investors and one overseas company. As we too often see, he spent most of that money on himself," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. "Rest assured, the FBI will make it our business to bring to justice those like him who take advantage of others and profit from their trust."
This matter was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney John Davis. Former Assistant U.S. Attorney Robert M. Kinsella previously participated in the prosecution of this case.
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Plattsburgh Man Sentenced to 120 Months on Crack Cocaine ConvictionRead the Press Release
ALBANY, NEW YORK – Niles O’Neil, age 28, of Plattsburgh, New York, was sentenced today to 120 months in prison for possessing and intending to distribute crack cocaine.
The announcement was made by United States Attorney Grant C. Jaquith and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his plea on May 9, 2019, O’Neil admitted that he possessed approximately 40 grams of crack cocaine that he was intending to distribute on April 3, 2018. Agents also found a digital scale, drug packaging, and cutting agents in his residence.
Chief United States District Judge Glenn T. Suddaby also imposed a 4-year term of supervised release to begin after imprisonment. O’Neil has been incarcerated since his arrest on April 3, 2018.
This case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Douglas Collyer.
Pittsburgh Felon Caught During Foot Chase Admits Illegally Possessing a Loaded Glock HandgunRead the Press Release
PITTBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to a charge of violating the federal firearms laws, United States Attorney Scott W. Brady announced today.
Derek Reddix, 30, pleaded guilty to one count before Senior United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that on February 23, 2018, Derek Reddix was on pretrial release for two separate state court firearms charges. That day, Pittsburgh Police officers were driving outbound on the 7500 block of Formosa Way when they observed an individual, later identified as Reddix, manipulating what was believed to be a firearm in his waistband. Officers exited their vehicle in order to conduct an investigation. As the officers began approaching Reddix, he fled on foot, running between and behind houses, despite the officers’ repeated and clear orders to "Stop." One officer eventually was able to catch and tackle Reddix. Reddix fell to the ground, while clutching a blue flip phone. Officers handcuffed Reddix, and he stated that he had dropped his other cell phone while running, and asked whether the officers were able to find it.
Officers secured the area where Reddix had been observed running, and they discovered and seized a Glock handgun with a 30-round extended magazine under the rear porch of 7578 Kelly Street. The gun was loaded with one round in the magazine. Within approximately a few feet of the gun, officers also discovered and seized Reddix’s other cell phone. A subsequent search of the cell phone revealed photographs of Reddix holding the Glock.
Reddix is prohibited under federal law from possessing a firearm, as he was convicted on or about April 21, 2009, in the Allegheny County Court of Common Pleas of the crime of Firearms Not to Be Carried Without a License, and was sentenced to one to two years’ in jail.
Judge Conti scheduled sentencing for May 5, 2020, at 2:30 p.m. The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court ordered that Reddix remain detained on the federal firearms charge.
Assistant United States Attorney Troy Rivetti is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosive, and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Derek Reddix.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Philadelphia-Based Personal Injury Law Firm Agrees to Resolve Allegations of Unpaid Medicare DebtsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that a Philadelphia-based personal injury law firm, Simon & Simon, P.C., has entered into a settlement agreement with the United States to resolve allegations that it failed to reimburse the United States for certain Medicare payments. The government had made these payments to medical providers for the firm’s clients.
The government’s investigation arose under the Social Security Act’s Medicare Secondary Payer provisions. This law authorizes Medicare, as a secondary payer, to make conditional payments for medical items or services under certain circumstances. When an injured person receives a settlement or judgment, Medicare regulations require entities who receive the settlement or judgment proceeds, such as the injured person’s attorney, to repay Medicare within 60 days for its conditional payments. If Medicare does not receive timely repayment, these regulations permit the government to recover the conditional payments from the injured person’s attorney and anyone else who received the settlement or judgment proceeds.
The government alleged that at various points between 2014 and 2019, Medicare made conditional payments to healthcare providers to satisfy medical bills of eight of the firm’s clients. Although Medicare demanded that Simon & Simon repay the resulting Medicare debts, the firm allegedly failed to do so.
Under the terms of the settlement agreement, Simon & Simon agreed to pay a lump sum of $6,604.59. The firm also agreed to (1) name a person responsible for paying Medicare secondary payer debts; (2) train the employee to ensure that the firm pays these debts on a timely basis; (3) review any additional outstanding debts to ensure compliance; and (4) provide written certifications of compliance. In addition, Simon & Simon acknowledged that any failure to submit timely repayment of Medicare secondary payer debt may result in liability for the wrongful retention of a government overpayment under the False Claims Act.
The resolution here follows a similar one against Rosenbaum & Associates, a Philadelphia personal injury firm that settled with the United States in 2018. When an attorney fails to reimburse Medicare, the United States can recover from the attorney—even if the attorney already gave the money to the client. Congress enacted these provisions to ensure that Medicare receives timely reimbursement for its conditional payments.
“This settlement agreement should remind personal injury lawyers and others of their obligation to reimburse Medicare when they receive settlement or judgment proceeds for their clients,” said U.S. Attorney McSwain. “Lawyers need to set a good example and follow the rules of the road for Medicare reimbursement. If they don’t, we will move aggressively to recover the money for taxpayers.”
There has been no determination of civil liability. The settled civil claims are allegations only.
The case was handled by Assistant U.S. Attorney Michael S. Macko, acting upon a referral from Eric S. Wolfish, Assistant Regional Counsel for the United States Department of Health and Human Services, Office of the General Counsel, Region III.
Philadelphia-Area Doctor Sentenced to 12 Months in Prison for Unlawfully Distributing OxycodoneRead the Press Release
A Philadelphia-area doctor was sentenced to 12 months and one day in prison and ordered to pay a $100,000 fine yesterday for the illegal distribution of oxycodone.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney William M. McSwain of the Eastern District of Pennsylvania, Special Agent in Charge Michael T. Harpster of the FBI’s Philadelphia Field Office, Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office, Special Agent in Charge Jonathan A. Wilson of the U.S. Drug Enforcement Administration’s (DEA) Philadelphia Field Division and U.S. Marshal Eric S. Gartner of the Eastern District of Pennsylvania made the announcement.
Richard Ira Mintz, D.O., 69, of Dresher, Pennsylvania, was sentenced by U.S. District Judge Michael M. Baylson of the Eastern District of Pennsylvania, who also ordered Mintz to serve three years of supervised release and 90 days of home confinement following release. Mintz pleaded guilty in March 2019 to eight counts of distributing controlled substances (oxycodone) outside the scope of professional practice and not for a legitimate medical purpose.
Mintz has surrendered his medical license and DEA Certificate of Registration.
The FBI, HHS-OIG, DEA, U.S. Marshals Service, Pennsylvania Attorney General’s Office, and Philadelphia Police Department investigated the case. Trial Attorney Adam G. Yoffie of the Criminal Division’s Fraud Section is prosecuting the case. Assistant U.S. Attorney Michael S. Macko of the Eastern District of Pennsylvania handled the parallel civil case, in which Mintz paid a $107,584 monetary penalty.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Payson Man Sentenced to 14.5 Years in Prison for Sexual AssaultRead the Press Release
PHOENIX, Ariz. – On December 23, 2019, Paul Darrell Burdette, of Payson, Ariz., was sentenced by U.S. District Judge Steven P. Logan to 175 months of imprisonment to be followed by supervised release for life. Burdette had previously been found guilty at trial of one count of Aggravated Sexual Abuse.
On August 6, 2017, Burdette forcibly raped the victim in a wooded area on the Tonto Apache Indian Reservation. Burdette was convicted after a four-day jury trial that concluded on May 17, 2019.
The investigation in this case was conducted by the Tonto Apache Police Department and the Bureau of Indian Affairs. The prosecution was handled by Assistant U.S. Attorneys Tracy Van Buskirk and Brandon Brown, District of Arizona, Phoenix.
Pair Indicted for Violent Convenience Store Robberies Plead Guilty to CrimesRead the Press Release
ALBANY, Ga. – Two defendants indicted for a string of convenience store robberies in Albany, shooting and injuring two clerks, have pleaded guilty for their crimes, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Anthony Parks, 29, and Javarius Mallory, 27, both of Albany, entered guilty pleas today before U.S. District Judge Leslie Gardner. Parks pleaded guilty to counts four and ten of his indictment, each charging him with possession and discharge of a firearm during a crime of violence. Parks is facing a minimum ten years in prison to a maximum life sentence for each charge, a fine of $250,000 and a maximum five years’ supervised release. Mallory pleaded guilty to counts six and fourteen of his indictment, each charging him with possession and discharge of a firearm during a crime of violence. Mallory is facing a minimum ten years in prison to a maximum life sentence for each charge, a fine of $250,000 and a maximum five years’ supervised release. At minimum, it is anticipated both defendants will be sentenced to twenty years in prison for their crimes, up to a maximum life term in prison. Sentencing will be scheduled at a later date. There is no parole in the federal system.
The pair were involved in a violent robbery spree across Albany during 2016, the defendants admitting guilt in a total of four of the seven robberies charged in the indictment. Parks and Mallory, armed and masked, robbed the Neighborhood Grocery on West Gordon Avenue close to midnight on September 6, 2016 (count four). During the course of the robbery, Parks fired three shots into a locked office door, stealing a total of $8,702. A little more than two weeks later, on September 23, 2016, Mallory admitted he held up the same Neighborhood Grocery Store on West Gordon Avenue, armed with a loaded 9mm pistol (count six). Every time Mallory demanded more money from the store clerk, he would discharge his weapon into the ceiling. Five spent 9mm shell casings were found inside the store, and Mallory ran off with $3,923. The defendants held up the BP store on Dawson Road in the early morning hours of October 6, 2016 with two clerks inside (count ten). One clerk, who got on the floor when the pair walked in, armed and masked, was shot by Parks in the buttocks. The other clerk chased the defendants after they ran off on foot with cash stolen from the store, and fired his own gun at them, shattering the back windshield of a customer’s vehicle. Both Parks and Mallory, armed with handguns and wearing ski masks to cover their faces, robbed the Dawson Food Mart on Dawson Road on November 3, 2016 (court fourteen). $8916.13 was stolen from the store, plus $400 from the clerk. Mallory shot the clerk in his leg.
“The citizens in the Middle District of Georgia deserve to live in safe neighborhoods, and our office will not stop prosecuting violent crime until all violent criminals, like these two individuals, are brought to justice,” said Charlie Peeler, the U.S. Attorney. “We are committed to working closely with our law enforcement partners at the local and state level to ensure violent criminals are captured and put behind bars. I want to thank the FBI and the Albany Police Department for their excellent work in this investigation which removed two more violent criminals from the streets.”
“The victims of these violent offenders feared for their lives and will never recover emotionally from the terror they faced,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “To those victims, including two injured by gun shots, no sentence will justify what they went through. Hopefully they will take some solace in knowing no one else will have to go through what they did while these defendants are in prison.”
"This is another example of the collaborations with our state and federal partners in the effort to keep our community safe. I am thankful for the men and women of the Albany Police Department who worked tirelessly in bringing these subjects to justice. Special thanks to U.S. Attorney Peeler and his office for prosecuting this case and helping send the message that crime is not beneficial,” said Chief Michael Persley, Albany Police Department.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/archives/projectguardian.
The case was investigated by the FBI and the Albany Police Department. U.S. Attorney Charlie Peeler and Assistant U.S. Attorney Alan Dasher are prosecuting the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Owners of Upper Darby Tax Preparation Service Sentenced to Prison for Scheme to Create False Tax ReturnsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Omar Faruq, 37, and Omar Ali, 36, both of Pennsauken, New Jersey, were sentenced today by United States District Court Judge Nitza I. Quiñones for their roles in conspiring to file false tax returns while operating a tax preparation business in Upper Darby, Pennsylvania. Judge Quiñones sentenced Omar Faruq to 24 months’ imprisonment, three years’ supervised release, and restitution of $688,362; she sentenced Omar Ali to 18 months’ imprisonment, three years’ supervised release, and restitution of $573,322. Faruq and Ali must pay the restitution to the United States Department of Treasury.
Codefendants Faruq and Ali pleaded guilty in June 2019 to filing false tax returns on behalf of their clients at Omar Consultancy Inc., a tax service they operated with offices in Pennsylvania and New Jersey. In filing tax returns for their clients, Faruq and Ali consistently used false filing status, Schedule A deductions and expenses, Schedule C business income and losses, and fictitious credits to decrease a client’s tax liabilities, all of which resulted in increased refunds for many of their clients. Faruq and Ali then diverted portions of these refunds into their own bank accounts as part of the conspiracy.
“These defendants – professional tax preparers – committed fraud and stole from the United States government, while duping their clients,” said U.S. Attorney McSwain. “The defendants also stole from the pockets of all taxpayers who do the right thing every April and pay their fair share of taxes. With tax season approaching, these sentencings serve as a warning for anyone considering this type of fraud.”
“With this year’s filing season just around the corner, today’s sentencings are a good reminder of how important it is to do your homework when choosing a professional tax preparer,” stated John R. Tafur, Special Agent in Charge, IRS Criminal Investigation, Newark Field Office. “Taxpayers should be selective in choosing a tax preparer and have confidence knowing that person will prepare accurate tax returns and safeguard their financial information. Those tax preparers who choose to abuse our tax system will end up on the radar screen of IRS Criminal Investigation.”
The case was investigated by Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant United States Attorney Richard P. Barrett.
Owner of Tax Return Preparation Business Sentenced to PrisonRead the Press Release
A New York tax return preparer was sentenced to 36 months in prison today for wire fraud, aggravated identity theft, and assisting in the preparation and filing of false returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents and statements made in court, Oyeniyi Jaiyesimi was the owner of Pace Financial Services, a tax preparation business located in Springfield Gardens, New York. From 2014 through 2016, Jaiyesimi used stolen identities to file fraudulent tax returns with the Internal Revenue Service (IRS) in order to obtain refunds to which he was not entitled. Jaiyesimi also filed false tax returns on behalf of his clients that claimed fraudulent dependent exemptions in order to obtain larger refunds for them.
In addition to the prison term, U.S. District Judge Edward R. Korman ordered Jaiyesimi to serve two years of supervised release and to pay approximately $58,000 in restitution to the United States.
Principal Deputy Assistant Attorney General Zuckerman commended the special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Mark McDonald and Eric Powers of the Tax Division, who are prosecuting 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.
Operation Free Market Update: Huntington Man Pleads Guilty to Distributing FentanylRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pled guilty to selling fentanyl, announced United States Attorney Mike Stuart. Bryant Holloway, 41, pled guilty to distributing 40 grams or more of fentanyl.
Holloway admitted that on April 24, 2019, he sold 95 grams of fentanyl to a confidential informant for $10,000.
“95 grams of fentanyl -- enough to kill almost 50,000 people,” said United States Attorney Mike Stuart. “Fentanyl is powerful and deadly. Many West Virginians have died as a result of fentanyl overdoses. We owe a debt of gratitude to the investigators that kept this from hitting the streets of Huntington.”
Holloway faces between five and forty years in prison when sentenced on April 6, 2020.
Operation Free Market was a long-term drug investigation in the Huntington area. The investigation was the result of a joint effort by the Drug Enforcement Administration and the Violent Crime and Drug Task Force West.
The plea hearing was held before United States District Judge Robert C. Chambers. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), an enforcement surge that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
Follow us on Twitter: SDWVNews and USAttyStuart
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Oklahoma Woman Sentenced for Transporting Illegal AliensRead the Press Release
ALBANY, NEW YORK – Yvette Davila, age 34, of Oklahoma City, Oklahoma, was sentenced today to time served (23 days in jail), followed by a one-year period of supervised release, and to pay a fine of $1,000, for transporting two illegal aliens within the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On December 19, 2018, Davila drove to the international border near Trout River, New York, from Chelsea, Massachusetts, where she met with and picked up two illegal aliens from Mexico. The aliens, Miguel Morales-Moreno and Cesar Ivan Almada-Velazquez, had avoided immigration inspection when they walked across the border east of the Trout River Port of Entry late on the night of December 19, 2018.
Morales-Moreno and Almada-Velazquez walked to a spot south of the border where they waited for Davila. After arriving at the border area the morning of December 20, 2018, Davila stopped and picked up Morales-Moreno and Almada-Velazquez. Border Patrol Agents encountered Davila’s car parked on the side of Route 11 just east of Chateaugay, New York, where they arrested Davila and her two passengers.
The passengers, Miguel Morales-Moreno, age 43, and Cesar Ivan Almada-Velazquez, age 38, citizens of Mexico, were convicted of the misdemeanor offense of entry without inspection by an alien on January 3, 2019 and each sentenced to 20 days in jail.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Ohio man who pretended to be missing Illinois boy pleads guilty to aggravated identity theftRead the Press Release
CINCINNATI – An Ohio man who pretended to be a missing Illinois boy pleaded guilty in U.S. District Court today to aggravated identity theft.
Michael Rini, 23, formerly of Medina, Ohio, was charged by criminal complaint on April 6, 2019 and indicted by a grand jury on April 18, 2019.
According to court documents, Newport, Ky. police officers responded to a call on April 3, 2019 in which the caller described Rini as wandering the street, looking confused and in need of assistance.
Rini told officers his name was a minor who had been abducted when he was six years old and he “just wanted to go home.”
Local authorities confirmed that the identity Rini provided was associated with a missing and possibly abducted child. Specifically, in 2011, the then six-year-old boy went missing from Aurora, Ill.
Posing as the missing child, Rini claimed he was 14 and had recently escaped from a hotel room in which two men had been holding him captive. He said he had been sexually and physically abused for years while in captivity and that he was having abdominal pain.
Rini was transferred to Cincinnati Children’s Hospital Emergency Room because of the complaint of abdominal pain, and there, FBI task force officers met with Rini to potentially investigate sex trafficking and crimes against children. FBI special agents and a detective from the Aurora, Ill. police department also spoke with Rini.
Rini continued to claim to be the missing boy throughout conversations in the hospital. He refused to provide his fingerprints to investigators at Children’s Hospital; however, eventually, he agreed to submit a buccal swab for DNA testing.
DNA test results confirmed Rini’s identity. As a prior felon, Rini’s DNA was known to the FBI. Ohio Department of Corrections records indicate Rini was released from an Ohio prison on March 7, 2019.
Once law enforcement officers confronted Rini about his true identity, Rini immediately stated he was not the missing child. He said he watched a story about the child on 20/20 and stated he wanted to get away from his own family.
Further investigation by the FBI found that Rini had allegedly portrayed himself as a juvenile sex trafficking victim on two prior occasions. In those instances, he was only identified once he was fingerprinted.
Aggravated identity theft is a federal crime punishable by a mandatory two-year term of imprisonment. Congress sets the 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; Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Robert Brown, Special Agent in Charge, FBI, Louisville, Ky. Division; Cincinnati Police Chief Eliot K. Isaac; Newport Police Chief Thomas Collins; Vance Callender, Special Agent in Charge, Homeland Security Investigations (HSI); Hamilton County Coroner Dr. Lakshmi Sammarco; Hamilton County Sheriff Jim Neil and officials with the Aurora, Ill. Police Department announced the plea entered into today before U.S. District Judge Michael R. Barrett. Assistant United States Attorney Kyle J. Healey and Deputy Criminal Chief Christy L. Muncy are representing the United States in this case.
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Ohio County man admits to drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Hermon Clemons, Jr., of Wheeling, West Virginia, has admitted to drug distribution, U.S. Attorney Bill Powell announced.
Clemons, age 50, pled guilty to one count of “Conspiracy to Distribute and Possess with the Intent to Distribute Controlled Substances.” Clemons admitted to working with others to distribute cocaine base, methamphetamine, heroin, and fentanyl in Ohio County and elsewhere from September 2018 to June 2019.
Clemons faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Ohio Valley Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
New York Man Sentenced for Assault Aboard Cruise ShipRead the Press Release
BOSTON – A New York man was sentenced today in federal court in Boston for assaulting a woman aboard a cruise ship.
Adam Damian Panetta, 45, of Farmingville, N.Y., was sentenced by U.S. District Court Judge Leo T. Sorokin to two months in prison, two years of supervised release and a $1,000 fine. In September 2019, Panetta pleaded guilty to one count of assault resulting in substantial bodily injury. Panetta was arrested and charged in April 2019.
On April 25, 2019, while aboard the Norwegian Cruise Line’s Gem, Panetta was observed on surveillance video pulling a woman by her hair down the full length of a hallway. The two were then observed outside one of the cabins. While Panetta attempted to open the cabin door, the woman stuck Panetta in the face with an open hand. Panetta then turned toward the woman and punched her twice in the side of her head with a closed fist. The woman fell to the ground and appeared to be unconscious. Panetta then entered the cabin and left the woman on the floor in the hallway. After about one minute, Panetta came out of the cabin and leaned down to the woman, who was unresponsive. Eventually, the woman began to crawl into the room. Panetta did not appear to assist her, and as she began to crawl, Panetta kicked her twice in the buttocks. He then followed her into the room.
The two left the room a short while later and the woman was holding a white towel over her head, which appeared to be stained with blood. The two arrived at the ship’s medical center where the woman was treated for her injuries, which included approximately 8cm of swelling on the right side of her head as well as a 2.5 cm laceration that required five stiches.
At the time of the alleged assault, the ship was approximately 200 miles off the coast of Massachusetts. Panetta was taken into custody when the ship arrived into port in Boston.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Nashua Man Pleads Guilty to Participating in Drug Trafficking Conspiracy in Nashua AreaRead the Press Release
CONCORD – Lawrence Fortenberry, 66, of Nashua, pleaded guilty on Tuesday in federal court to participating in a conspiracy to distribute crack cocaine, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Fortenberry was a member of a drug trafficking organization that distributed crack cocaine and other drugs to various customers in the Nashua area.
Fortenberry is scheduled to be sentenced on April 8, 2020.
“Drug trafficking has had a damaging effect on the health and safety of the citizens of Nashua and communities throughout New Hampshire,” said U.S. Attorney Murray. “In order to combat the threat posed by traffickers, we will continue to work closely with all of our law enforcement partners to bring those who distribute dangerous drugs to justice.”
"Lawrence Fortenberry conspired to flood the neighborhoods of Nashua with crack cocaine, and in doing so poured fuel on the vicious cycle of addiction for his own financial gain," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. "We hope his acceptance of responsibility for his crime persuades others to think twice about going into business with a drug trafficking organization. As shown in this case, that alliance will be no match for the FBI's partnership with local, state and federal law enforcement."
This matter was investigated by the Federal Bureau of Investigation and the Nashua Police Department. The case is being prosecuted by Assistant U.S. Attorneys Georgiana Konesky and Anna Krasinski.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Montgomery County Doctor Sentenced to 12 Months in Prison for Unlawfully Distributing OxyCodoneRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain and Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division announced that Richard Ira Mintz, D.O., 69, of Dresher, Pennsylvania was sentenced to one year and one day imprisonment, three years’ supervised release, and $100,000 fine by United States District Court Judge Michael Baylson for illegally distributing controlled substances.
The defendant pleaded guilty in March 2019 to eight counts of distributing controlled substances (oxycodone) outside the scope of professional practice and not for a legitimate medical purpose. Mintz has surrendered his medical license and DEA Certificate of Registration. From approximately July 2016 through July 2018, Mintz worked at a medical practice in Philadelphia where he sold fraudulent and medically unnecessary oxycodone prescriptions. He wrote the prescriptions in the names of three individuals whom he had never met or examined.
“As our District is struggling under the weight of the opioid epidemic, this doctor used his prescription pad to harm rather than heal,” said U.S. Attorney McSwain. “He saw an opportunity to make money off of those struggling with addiction and took advantage of the situation out of sheer greed. Physicians who abuse their positions of trust within the community for financial gain will be held accountable by my Office.”
“Dr. Mintz pleaded guilty to federal drug distribution charges for selling prescriptions for powerful and addictive prescription painkillers such as oxycodone without any legitimate medical purpose and for profit,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s Philadelphia Field Division. “Medical doctors, like all DEA registrants that are entrusted with handling controlled substances, need to do so in accordance with good faith medical practice and for legitimate medical purposes.”
This case originated as part of a regional Medicare Fraud Strike Force that operates in the Eastern District of Pennsylvania and the District of New Jersey. The Strike Force is a joint initiative between the Department of Justice and the Department of Health and Human Services to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 federal districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion.
The case was investigated by the Federal Bureau of Investigation (FBI), the U.S. Department of Health and Human Services - Office of Inspector General (HHS – OIG), the U.S. Drug Enforcement Administration (DEA), the U.S. Marshals’ Service, the Office of Pennsylvania Attorney General and the Philadelphia Police Department. Trial Attorney Adam G. Yoffie of the Criminal Division’s Fraud Section is prosecuting the case. Assistant U.S. Attorney Michael S. Macko of the Eastern District of Pennsylvania handled the parallel civil case, in which defendant Mintz paid a $107,584 monetary penalty.
Monroe County Man Guilty of Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Akbar Muhammad, age 42, who resided in New York City and East Stroudsburg, pleaded guilty on January 7, 2019, before Senior U.S. District Court Judge James M. Munley, to conspiracy to distribute and possess with intent to distribute more than a kilogram of heroin.
According to United States Attorney David J. Freed, Muhammad admitted to participating in the conspiracy during 2015 through early 2019. Muhammad admitted that he agreed with others to obtain heroin from suppliers in New Jersey and New York, and distribute the drug to associates and customers in Monroe County. A kilogram of heroin is approximately equivalent to 40,000 retail bags of heroin.
Muhammad was indicted by a grand jury in May 2019, as a result of an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Stroud Area Regional Police.
Judge Munley ordered a pre-sentence investigation to be completed. Sentencing is scheduled for April 8, 2020. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
The maximum penalty under federal law for this offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 10 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexico citizen arrested in illegal transportation case admits immigration crimeRead the Press Release
GREAT FALLS – A Mexico citizen pleaded guilty today to illegal re-entry after she was arrested in Glacier County with others during an investigation into possible alien smuggling from Canada, U.S. Attorney Kurt Alme said.
Ma Mercedes Rivera-Gutierrez, 39, pleaded guilty to illegal re-entry into the United States after having been previously deported. Rivera-Gutierrez faces a maximum two years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Brian Morris presided and set sentencing for Feb. 6. Rivera-Gutierrez was detained pending further proceedings.
The prosecution said in court records that Rivera-Gutierrez was found in Glacier County on Nov. 17, 2019, shortly after she entered the United States. Rivera-Gutierrez had been removed from the United States in 2001, 2007 and 2012 and had not applied for permission to re-enter. Rivera-Gutierrez admitted she re-entered the United States on foot, north of Cut Bank, in Glacier County.
On Nov. 17, 2019, a Border Patrol agent observed a black Chevrolet Suburban traveling south on Highway 213 at about 10:45 p.m. and, based on intelligence and surveillance, had reason to believe the vehicle was being used to traffic undocumented aliens. When the agent activated his emergency lights and performed a traffic stop on the Suburban, multiple occupants absconded on foot into an agricultural field. Agents searched the field and arrested multiple persons, including Rivera-Gutierrez.
Assistant U.S. Attorney Paulette Stewart is prosecuting the case, which was investigated by U.S. Customs and Border Protection.
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Mexican national sent to prison for assaulting federal officerRead the Press Release
BROWNSVILLE, Texas – A 41-year-old Mexican national has been ordered to prison after admitting he injured a Border Patrol (BP) agent by hitting him with arm shackles, announced U.S. Attorney Ryan K. Patrick.
Salvador Ramirez-Olvera pleaded guilty June 4, 2019.
Today, U.S. District Judge Rolando Olvera handed Ramirez-Olvera an 18-month sentence. Not a U.S. citizen, he is expected to face removal proceedings following the sentence.
On April 1, 2019, Ramirez-Olvera was in custody at the Brownsville BP station for illegal entry. While awaiting transfer to federal court, he slipped out of his arm shackles and hit the agent with them. The agent was hit on his shoulder area, thus causing bodily injury.
After a brief struggle, officers had to use a Taser to control Ramirez-Olvera.
He was then arrested and charged with assaulting a federal agent who was engaged in the performance of his official duties.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation. Assistant U.S. Attorney Joe Esquivel and Ana Cano prosecuted the case.
Mexican National Sentenced on Heroin Trafficking ChargesRead the Press Release
BOSTON – A Mexican national was sentenced yesterday in federal court in Boston in connection with drug trafficking activities that resulted in the seizure of four kilograms of heroin.
Miguel Angel Morales Torres, 40, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 46 months in prison and two years of supervised release. Morales Torres will be subject to deportation proceedings upon completion of his sentence. In October 2019, Torres Morales pleaded guilty to one count of possession with the intent to distribute one kilogram or more of heroin.
In August 2018, a cooperating witness arranged to purchase four kilograms of “china white,” referring to fentanyl, from a large-scale narcotics distributor for $55,000 per kilogram. The distributor agreed to deliver the drugs to the cooperating witness using a courier. On Aug. 20, 2018, Torres Morales drove a tractor trailer to the area of the “Park and Ride” parking lot on Granite Avenue in Milton to deliver the drugs. Federal agents stopped the tractor trailer and, in a cabinet behind the driver’s seat, located four brick-packed kilograms of heroin wrapped in cellophane.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorney Lauren A. Graber and Alathea Porter of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Medical Doctor Arrested on Charges of Illegal Distribution of AdderallRead the Press Release
ALEXANDRIA, Va. – A Fairfax medical doctor was arrested today on charges of illegally diverting Adderall.
According to allegations included in the affidavit in support of the criminal complaint, Dr. Gurpreet Singh Bajwa, 48, of Oakton, operated a medical practice in Fairfax. During a 21-month period between January 2017 and September 2018, Bajwa allegedly issued approximately 15,000 controlled substance prescriptions to more than 1,000 patients—a total of more than 700 prescriptions per month. Several local pharmacies had flagged Bajwa and would no longer fill prescriptions from him. The Virginia Department of Health Professions had previously suspended his medical license in 2012 for issues related to his prescription practices.
Beginning in summer 2018, two undercover law enforcement officers posed as patients and made appointments to see Bajwa. At each visit, Bajwa allegedly prescribed the undercover officers a 30-day supply of Adderall—despite the undercover officers not having a need for the medication. One of the officers told Bajwa that she was a fitness model and needed Adderall for her workouts, which is not a legitimate use for the substance. The undercover officer also asked Bajwa to prescribe her extra pills that she could give to a “friend” and he readily agreed.
Bajwa is charged with illegal distribution of Adderall, a Schedule II controlled substance. He faces a maximum penalty of 20 years in prison if convicted. 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; Timothy M. Dunham, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorney Katherine E. Rumbaugh is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-MJ-3.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Man from Pinehill, New Mexico pleads guilty to assault and firearms charges in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Harrington Alonzo, 34, of Pinehill, New Mexico, pleaded guilty in federal court in Albuquerque on January 6 to charges of assault with a dangerous weapon in Indian Country, and using and carrying a firearm during and in relation to a crime of violence, and possessing and discharging the firearm in furtherance of such crime.
A grand jury previously returned an indictment against Alonzo on May 22, 2019.
According to Alonzo’s plea agreement, he committed this crime in Cibola County on April 24, 2019. Alonzo unlawfully assaulted a Navajo Nation police officer by shooting at the officer with a semiautomatic handgun. The officer was responding to a domestic dispute between Alonzo and his girlfriend. Alonzo is an enrolled member of the Navajo Nation where this crime occurred. Alonzo is currently in custody pending sentencing.
The Gallup resident office of the FBI and the Ramah Navajo Police Department investigated this case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.