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3 February 2020
HOPE Clinic Physician Pleads Guilty to Drug CrimeRead the Press Release
BECKLEY, W.Va. – A South Carolina physician pled guilty to a drug crime, announced United States Attorney Mike Stuart. William Earley, D.O., 63, pled guilty to distributing oxycodone without a legitimate medical purpose in the usual course of professional medical practice and beyond the bounds of medical practice.
“Earley is the latest drug dealer in a lab coat to plead guilty to charges brought by my office,” said United States Attorney Mike Stuart. “In fact, six medical providers have pled guilty to date as a result of the investigation into HOPE Clinic’s prescribing practices.”
Earley admitted that he worked at the Charleston HOPE Clinic, which held itself out as specializing in the treatment of chronic pain through opioid pain medication. However, Earley admitted to having no formal training in the treatment of chronic pain patients but stated he was reassured by other HOPE Clinic physicians and by a staffing company that the HOPE Clinic was set up to provide appropriate treatment to patients suffering from chronic pain. While working at the HOPE Clinic, Earley admitted that it became apparent to him that some of the patients were not being properly evaluated prior to the doctors writing them prescriptions for opioids. Earley admitted that the patients’ files were poorly kept and often had little relevant medical information in them. Many of the patients came to the HOPE Clinic from out of state and most patients paid in cash.
On April 24, 2014, Earley admitted to prescribing patient D.J.B. 120 Percocet 10mg/325mg pills and 60 Oxycodone 10 mg pills. Earley admitted that a review of D.J.B.’s medical chart showed that by April 24, 2014, he had four failed drug tests and had reported his medication stolen. Despite these red flags, Earley did not do a physical examination of D.J.B., or address any of his failed drug screens with him, and he did not discuss the possibility of addiction or diversion with him on April 24, 2014, before issuing him two short-acting oxycodone prescriptions. Earley admitted that the prescriptions he issued to D.J.B. were not for a legitimate medical purpose in the usual course of professional medical practice and were beyond the bounds of medical practice.
Earley faces up to 10 years in prison when sentenced on May 11, 2020.
The investigation was conducted by the U.S. Department of Health and Human Services Office of Inspector General (OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration – Office of Criminal Investigations, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.
United States District Judge Frank Volk presided over the hearing. Assistant United States Attorneys Monica D. Coleman and Steven I. Loew are handling the prosecution.
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###(Note: this guilty plea was withdrawn on August 24, 2022. On September 8, 2022, Earley pleaded guilty to aiding and abetting obtaining a controlled substance by fraud. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-168.)
Greensburg Doctor Charged with Conspiring to Receive Kickbacks for Prescribing Fentanyl, and Then Causing Insurers to Pay for the Unlawful PrescriptionsRead the Press Release
PITTSBURGH - A Westmoreland County physician has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on charges of conspiracy to violate the Anti-Kickback Statute, conspiracy to distribute fentanyl, health care fraud, and conspiracy to distribute phentermine hydrochloride and diethylpropion, United States Attorney Scott W. Brady announced today.
The four-count Indictment, returned on January 16, and unsealed on January 30, named Thomas Whitten, 69, of Greensburg, PA, as the defendant.
According to the Indictment, from May 2013 to November 2015, in the Western District of Pennsylvania, Whitten conspired to receive kickbacks from Insys Therapeutics in exchange for prescribing fentanyl, in the form of Subsys, to his patients, and that Whitten conspired to distribute fentanyl, in the form of Subsys. The Indictment also alleges that from May 2013 to March 2017, Whitten committed health care fraud by causing insurers to pay for unlawful Subsys prescriptions. Finally, the Indictment alleges that from November 2017 through December 12, 2019, Whitten conspired to distribute phentermine hydrochloride and diethylpropion.
The law provides for a sentence of not less than five years in prison and a maximum of 40 years in prison, a fine not to exceed $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Cindy K. Chung and Karen Gal-Or are prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Federal Bureau of Investigation, Department of Health and Human Services, and the Pennsylvania State Attorney General’s Office, conducted the investigation that led to the prosecution of Thomas Whitten. An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
The investigations leading to the filing of charges in these cases were conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from the following agencies to combat the growing prescription opioid epidemic: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations and the Pennsylvania Bureau of Licensing.
Fresno County Man Pleads Guilty to Illegally Possessing a HandgunRead the Press Release
FRESNO, Calif. — Christian Uriel Garcia Andrade, 36, of Huron, pleaded guilty today to unlawfully possessing a firearm, United States Attorney McGregor W. Scott announced.
According to court documents, on Feb. 18, 2018, while in pursuit of Andrade, a police officer saw him toss an object into a cul-de-sac. The officer later returned to the cul-de-sac and found a loaded 9 mm handgun in the same area where Andrade had tossed the object. Because of his prior felony convictions, Andrade is prohibited from possessing firearms.
This case is the product of an investigation by the Department of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huron Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
Andrade is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. Andrade faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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/projectguardian.
Four Sentenced to Federal Prison on Drug ChargesRead the Press Release
HUNTINGTON, W.Va. – Four defendants were sentenced to federal prison on drug charges by United States District Judge Robert C. Chambers today, announced United States Attorney Mike Stuart.
“Four drug traffickers were sentenced to federal prison today for peddling poisons,” said United States Attorney Mike Stuart. “The underlying charges involved distribution of black tar heroin, heroin, fentanyl and marijuana. Yes, marijuana. My office enforces all federal drug laws. If we find you selling illegal drugs in my district, you will be prosecuted to the fullest extent of the law.”
Mathew Byrd, 32, of Barboursville, was sentenced to 106 months in prison for selling heroin and possessing a firearm in furtherance of a drug trafficking crime. Byrd was also ordered to forfeit a 2016 Cadillac Escalade, $10,000 in U.S. Currency, and various personal property. Byrd previously admitted that on January 31, 2019, he sold seven grams of black tar heroin to a confidential informant. He also admitted to possessing a firearm in furtherance of a drug trafficking crime. The Violent Crime Drug Task Force West and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Stephanie Taylor handled the prosecution.
Tequan Montek Pratt, 24, was sentenced to 34 months in prison for distribution of marijuana. Pratt admitted that on March 30, 2018 and April 9, 2018, he sold a pound of marijuana to a confidential informant at a duplex in Nitro, Putnam County, West Virginia. Pratt also admitted that he and his associates were trafficking the marijuana from cities throughout California for several months. Estimated conservatively, Pratt admitted to trafficking at least 20 kilograms of marijuana from California. Pratt also possessed multiple firearms at another house in Putnam County. The Violent Crime and Drug Task Force West and the Putnam County Sheriff’s Department conducted the investigation. Assistant United States Attorney Ryan A. Keefe and former Assistant United States Attorney Drew O. Inman handled the prosecution.
Abdullah Myles, 25, of Michigan, was sentenced to 15 months in prison for possession with the intent to distribute heroin. Myles previously admitted that on February 7, 2019, officers with the Huntington Police Department executed a search warrant at a residence Myles was living in at 825 21st Street in Huntington. Officers recovered 13 grams of heroin from the room Myles was living in. The Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
Maechelle Relf, 27, of Huntington, was sentenced to seven months in prison for conspiracy to distribute heroin and fentanyl. Relf previously admitted that between December 2018 and May 2019 she conspired with other individuals to distribute heroin and fentanyl in Huntington, West Virginia. Relf admitted that she would travel to Detroit, Michigan to obtain heroin for George Lockhart for him to sell in Huntington. Her charges were the result of Operation Free Market, a long-term drug investigation in the Huntington area. The Drug Enforcement Administration and the Violent Crime and the Drug Task Force West conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution.
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Fort Dodge Man to Federal Prison for Meth and Gun ConvictionsRead the Press Release
A man who conspired to distribute methamphetamine while possessing guns was sentenced January 31, 2020, to more than 11 years in federal prison.
Matthew Guthrie, 34, from Fort Dodge, Iowa, received the prison term after an August 15, 2019, guilty plea to one count of conspiracy to distribute methamphetamine and one count of possession of firearms in furtherance of a drug trafficking crime.
At the guilty plea, Guthrie admitted that from January 2019 through April 16, 2019 he and others distributed more than 500 grams of methamphetamine in the Fort Dodge area. On three separate occasions Guthrie distributed a total of more than 100 grams of pure methamphetamine to an individual cooperating with law enforcement. During a later search of Guthrie’s residence, law enforcement seized four guns (two of which were loaded), methamphetamine, drug paraphernalia, scales, a drug ledger, and other items indicative of drug distribution. Law enforcement later seized two more guns in a consent search.
Guthrie was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Guthrie was sentenced to 135 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Guthrie is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Iowa Division of Narcotics Enforcement, Webster County Drug Task Force, Carroll County, Iowa Sheriff’s Office, and the Iowa Division of Criminalistics Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3019. Follow us on Twitter @USAO_NDIA.
Former Tax Lawyer Sentenced to Five Years in Federal Prison for Evading Back Taxes He Owed to Internal Revenue ServiceRead the Press Release
LOS ANGELES – A former tax and estate-planning lawyer who set up shell companies to evade the payment of more than $1.4 million he owed to the IRS was sentenced today to 60 months in federal prison.
James Roy McDaniel, 66, of Long Beach, was sentenced by United States District Judge S. James Otero, who also ordered McDaniel to pay $1.54 million in restitution.
In October 2019, McDaniel pleaded guilty to one count of tax evasion.
McDaniel was a licensed California lawyer from 1981 until he surrendered his law license in 2004, shortly before he pleaded guilty to one felony count of subscribing to a false income tax return. In 2005, McDaniel was sentenced to three years in federal prison for that crime. In that case, McDaniel’s failure to report income – $1.6 million embezzled from his law firm clients – resulted in a tax loss of $677,368 to the federal government. The IRS subsequently assessed McDaniel more than $1.4 million in taxes, interest and penalties for the tax years 1997 through 2001. The Los Angeles County District Attorney’s Office prosecuted McDaniel for grand theft in that matter and he was sentenced to two years in state prison.
Following his convictions in the previous cases, McDaniel willfully attempted to evade paying his debt to the IRS by creating two shell companies – Davis Bell Consulting LLC and James Roy Consulting LLC – where he directed payments for tax and estate planning consulting work he performed after he was released from prison. Between May 2008 and late 2018, McDaniel attempted to mislead federal tax authorities and conceal his income by directing other people to sign documents identifying themselves as the sole managing members of the shell companies. McDaniel directed them to open bank accounts where he deposited checks for his tax and estate planning work.
In his plea agreement, McDaniel admitted to owing a total of $1,584,126 in unpaid taxes for the years 2008 to 2017. He has been in federal custody since his arrest in December 2018.
“Despite his fortuitous second chance for a lucrative career, rather than properly report his income and pay taxes, defendant set up a complex web of limited liability corporations and straw bank accounts to conceal his connection to the tax consulting income,” prosecutors wrote in their sentencing memorandum. “As if defendant’s conduct was not bad enough, for years he used his unwitting girlfriend and young adult children as nominees.”
This case was investigated by IRS Criminal Investigation.
This matter was prosecuted by Assistant United States Attorney Ruth C. Pinkel of the Public Corruption and Civil Rights Section.
Former Mayor of Gurabo Found Guilty of Public CorruptionRead the Press Release
SAN JUAN, P.R. – After a four-day jury trial, Victor M. Ortiz-Díaz, a.k.a. “Manolito”, former mayor of the municipality of Gurabo, Puerto Rico, was found guilty of one count of bribery, announced United States Attorney W. Stephen Muldrow. United States District Court Judge Jay A. Garcia-Gregory presided over the trial. The Federal Bureau of Investigation (FBI) was in charge of the investigation.
According to the indictment, on or about October 2012, the Municipality of Gurabo owed Company A payments for eight outstanding invoices for work performed in the municipality. Person A, co-owner of Company A, met with mayor Ortiz-Díaz to discuss the outstanding debt. The mayor solicited $125,000 from Person A to invest in a telecommunications antenna project. Because Company A did not have the money to pay the $125,000, the mayor told Person A that he would have the municipality make a payment to the company. With this money, Company A could be able to cover the “loan” to Ortiz-Díaz, as well as pay other debts it owed its suppliers.
On October 19, 2012, Person A issued three post-dated Company A checks payable to three different individuals, who were employees of Miguel Merced. Merced was the individual orchestrating the telecommunications investment scheme in which Ortiz-Díaz invested the three checks totaling $125,000. On that same date, the Municipality of Gurabo issued two checks totaling $196,643.26 payable to Company A for contracting work performed.
Unbeknownst to him, Ortiz-Díaz used the money he extorted from Person A in what turned out to be a Ponzi scheme run by Merced, who recently concluded a six-year prison sentence. The jury acquitted Ortiz-Díaz of the extortion charge pending against him.
This case was investigated by the FBI and HUD-OIG, and was prosecuted by Assistant United States Attorney Scott Anderson. The defendant faces a sentence of up to 10 years in prison. The sentencing is scheduled for July 2, 2020.
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Former Major at Angola Prison Convicted of Beating a Handcuffed and Shackled InmateRead the Press Release
Daniel Davis, 44, a former major at Louisiana State Penitentiary (LSP) in Angola, Louisiana, was found guilty by a jury yesterday in federal court for his participation in the beating of an inmate who was handcuffed, shackled, and not resisting and for failing to intervene to stop his subordinates from participating in the same beating. In a previous trial in January 2018, Davis was convicted of conspiring with other officers to cover up the beating by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath. Davis was also previously convicted of this beating in November 2018, but was granted a new trial based on juror misconduct.
Four other officers—former LSP Captains James Savoy, John Sanders, and Scotty Kennedy, and former Sergeant Willie Thomas—have all previously pleaded guilty for their roles in the beating and cover up. At Davis’s trial, Captains Sanders and Kennedy testified for the government and described the abuse and the extensive cover up.
After hearing testimony over the course of three days, the jury convicted Davis of willfully depriving the inmate of his right to be free from cruel and unusual punishment. The evidence showed that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and the other officers punched, kicked, and stomped on the inmate, leaving the inmate with a dislocated shoulder, a hematoma, a collapsed lung, and broken ribs.
“The Constitution and its Bill of Rights protect all people in our nation from unlawful abuse by the government, and the Department of Justice will continue to prosecute officers who willfully violate the Constitution by abusing their power over those in custody,” said Attorney General Eric Dreiband for the Civil Rights Division. “This officer violated his oath and the law, and the Department of Justice will not tolerate this kind of criminal misconduct by correctional officers.”
U.S. Attorney Brandon Fremin stated, “Corrections officers are charged with the duty of protecting the public, not abusing those who have been lawfully incarcerated. This district contains several penal institutions, and this should serve as a warning to those who would abuse their power that federal, state, and local law enforcement agencies will relentlessly pursue those who violate the public trust. I commend all of the agencies responsible for this conviction, and want to thank them for their partnership in this important matter.”
“Correctional officers have an obligation to protect inmates serving their sentences as ordered by the court,” said Bryan A. Vorndran, FBI New Orleans Special Agent in Charge. “Daniel Davis abused his authority by inflicting physical harm upon an inmate that was restrained and non-combative. His actions are a disgrace to all correctional officers who serve ethically and continue to maintain high moral standards throughout our correctional facilities. I commend the men and women of the FBI’s Baton Rouge Resident Agency Office, Louisiana Office of the State Inspector General, and the Department of Justice Civil Rights trial attorneys for their commitment to uphold the constitution and protect all Americans.”
“This is a just verdict,” said Louisiana Inspector General Stephen Street. “We cannot and will not tolerate the abuse of the considerable power afforded corrections officers. Whenever it does occur, it is critical to hold offenders criminally accountable in order to protect the integrity of the system. The jury did exactly that with Mr. Davis, and it was worth the time and effort to obtain this result. Thanks again to our federal partners at the FBI and DOJ.”
No date has been set for Davis’s sentencing. He faces a maximum penalty of five years of imprisonment on the conspiracy and perjury counts, 10 years of imprisonment on the excessive force count, and 20 years of imprisonment on each of the remaining obstruction counts.
This case was investigated by the FBI’s Baton Rouge Resident Agency Office and the Louisiana Office of the State Inspector General. It was prosecuted by Trial Attorneys Zachary Dembo and Anita Channapti of the Civil Rights Division’s Criminal Section. Trial Attorney Christopher J. Perras of the Civil Rights Division and Assistant U.S. Attorney Frederick A. Menner Jr., of the Middle District of Louisiana also assisted in the case.
Florida man admits to scheme to defraud the IRS, using taxpayer identitiesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Juan David Moreno, of Miramar, Florida, has admitted to wire fraud and identity theft through use of a computer, U.S. Attorney Bill Powell announced.
Moreno, age 33, pled guilty today to one count of “Wire Fraud” and one count of “Aggravated Identity Theft.” Moreno admitted to fraudulently accessing the Internal Revenue Service (IRS) eAuthentication online taxpayer system, which has servers located in Berkeley County, from January 2015 to February 2017. Through his scheme to defraud, Moreno obtained personal identifying information of taxpayers without their knowledge to access the online taxpayer system to obtain income tax transcripts for those taxpayers. Moreno then filed tax returns and directed tax refunds in the amount of at least $86,525 be deposited in an account in Florida without the taxpayers’ knowledge.
Moreno faces up to 20 years incarceration and a fine of up to $250,000 for the wire fraud count, and two years incarceration for the aggravated identity theft count. 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 Treasury Inspector General for Tax Administration Cybercrime Investigations Division investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Florida Resident Sentenced to 21 Months' Imprisonment for Mail Theft Related to Fraud Scheme Targeting Financial InstitutionsRead the Press Release
PITTSBURGH - A resident of Pembroke Pines, Florida, has been sentenced in federal court to a term of imprisonment of 21 months to be followed by three years of supervised release on his conviction for theft of mail, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur Schwab imposed the sentence on Cassio Orville Donald Slowden, age 28.
Previously, in connection with Slowden’s guilty plea, the court was advised that in February 2019, Citizens Bank replacement debit cards and PIN reminders were fraudulently ordered for several customers in McMurray, Pennsylvania. On the afternoon of February 11, U.S. mail was delivered to the mailbox of one of the residences in McMurray. Shortly after, Slowden removed several pieces of mail from the mailbox and drove away from the residence. Slowden’s vehicle was stopped by law enforcement, and a search of the vehicle recovered stolen mail, including the Citizens Bank replacement debit card and PIN reminder taken from the mailbox of the McMurray residence.
The Court was further advised that Citizens Bank, Bank of America, and other financial institutions were victims of an ongoing multistate fraud scheme. The scheme involved one or more callers contacting banks and impersonating customers. The caller would order replacement debit cards and debit card PIN reminders to the customer’s address on file. The suspects would intercept the cards and use them to make fraudulent ATM withdrawals. Slowden is connected to at least $116,277.19 in losses related to fraudulent withdrawals from accounts of at least 12 Citizens Bank and Bank of America customers
Assistant United States Attorney David Lew prosecuted this case on behalf of the government.
The U.S. Postal Inspection Service and U.S. Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations conducted the investigation leading to the successful prosecution of Slowden.
Five Defendants Plead Guilty to Conspiracy to Rob Chase Bank in ModestoRead the Press Release
FRESNO, Calif. — Robert Zavala Jr., 24, and Moises Garcia DeLeon, 27, both of Soledad, pleaded guilty today to conspiracy to commit armed bank robbery, U.S. Attorney McGregor W. Scott announced.
On Nov. 16, 2018, six Monterey County men were arrested as they were preparing to rob a bank in Modesto. Zavala and Garcia DeLeon are the fourth and fifth defendants to plead guilty to in this case. Soledad residents Victor Bravo, 24; Enrique Lopez, 28; and Cesar Lemus, 21, all previously pleaded guilty to conspiracy to commit armed bank robbery. Charges are pending against co‑defendant Jesus Robledo.
According to court documents, a deputy sheriff noticed a Nissan Altima parked in a parking lot at an apartment complex in Modesto that had been reported stolen from Salinas. Officers set up surveillance on the stolen Nissan and watched four cars leave the apartment complex together.
The cars traveled close to each other to a shopping area in Modesto that contained a Chase Bank. Lemus, who drove one of the cars, drove back and forth past the Chase Bank, talking to his co-conspirators on the phone.
The stolen Nissan, driven by Bravo, parked in a loading area behind the shopping center next to a car driven by Lopez. Lopez got out of his car and started loading items into the stolen Nissan. The stolen Nissan then left the loading area, drove through an alley, and parked in a parking lot near Chase Bank, at which time officers stopped the car and detained all four occupants. Inside the stolen Nissan, officers found two assault rifle-style firearms, a handgun, a revolver, masks, gloves, and a large duffel bag.
This case is the product of an investigation by the Federal Bureau of Investigation, the Stanislaus County Sheriff’s Office, the Modesto Police Department, the Monterey County Sheriff’s Office, the San Mateo County Sheriff’s Office, the Tulare County Sheriff’s Office, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Ross Pearson is prosecuting the case.
Jesus Robledo is scheduled for a status conference on May 11. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
All remaining defendants are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 11. The defendants face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Federal Court Orders North Carolina Pharmacy and Pharmacist to Pay $600,000 and to Permanently Cease Dispensing Opioids or Other Controlled SubstancesRead the Press Release
A federal court in eastern North Carolina entered a consent judgment and permanent injunction requiring a North Carolina pharmacy, Farmville Discount Drug Inc., and its owner and pharmacist-in-charge, Robert L. Crocker, to pay $600,000 in civil penalties and to permanently cease dispensing opioids or other controlled substances, the Department of Justice announced today. Under the court’s order, Crocker will also surrender his license to practice pharmacy and never seek its renewal, and Farmville Discount Drug will permanently surrender its registration with the U.S. Drug Enforcement Administration (DEA).
The consent order resolves a complaint filed by the United States alleging that Farmville Discount Drug and Crocker repeatedly filled prescriptions for opioids and other controlled substances in violation of the Controlled Substances Act. The United States alleged that, for years, the defendants ignored well-known “red flags” of drug diversion and drug-seeking behavior when filling prescriptions for controlled substances. These prescriptions often involved well-known, highly addictive, and highly abused painkillers such as oxycodone, hydrocodone, hydromorphone, and methadone, along with other “potentiator” drugs — drugs that heighten the euphoric effects of opioids, like diazepam (i.e., Valium), alprazolam (i.e., Xanax), and zolpidem (i.e., Ambien).
“The Department of Justice has made combating the opioid crisis one of its top priorities,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will work hand-in-hand with the DEA and other law enforcement partners to ensure that pharmacies that fail to uphold their obligation to dispense controlled substances lawfully will be held accountable.”
As alleged in the complaint, many prescriptions raised multiple red flags, but Crocker and Farmville Discount Drug failed to take the required steps to resolve those red flags and ensure the prescriptions’ legitimacy before filling them. The red flags allegedly ignored by Crocker and Farmville Discount Drug were numerous:
- Crocker and his pharmacy filled prescriptions for dangerous, highly abused prescription-drug cocktails for long-distance patients who saw a doctor an hour away and lived an hour away;
- The pharmacy filled hundreds of opioid prescriptions for multiple members of the same family;
- The pharmacy filled prescriptions for a prescriber that Crocker knew had been cut off from other pharmacies;
- The pharmacy filled controlled-substance prescriptions for patients who hopped from doctor to doctor or pharmacy to pharmacy.
The complaint also asserts that when other employees expressed concern to Crocker about Farmville Discount Drug’s practices, he dismissed them, allegedly saying that if a doctor wrote the prescription, the pharmacy would fill it.
The defendants have not admitted the allegations in the complaint, but the parties agreed to resolve the case without further litigation. The court adopted the parties’ agreement and entered a consent order ensuring, among other things, that Crocker and Farmville Discount Drug will never dispense opioids or other controlled substances again.
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said Robert J. Higdon Jr., U.S. Attorney for the Eastern District of North Carolina. “As the last line of defense between these dangerously addictive substances and our communities, pharmacists and pharmacies play a critical role in stemming the tide of the opioid epidemic. The turn-a-blind-eye approach to pharmacy practice on display at Farmville Discount Drug did just the opposite; it made matters worse. Today’s order demonstrates our office’s unwavering commitment to hold all those who had a role to play in this crisis — from distributors, to prescribers, to the pharmacies who ultimately put the pills in patients’ hands — responsible for their actions.”
“DEA Diversion Investigators will continue to aggressively pursue the unlawful dispensing practices of healthcare providers,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “These providers should be in compliance with a set standard of rules and regulations. This civil suit and permanent injunction shows that DEA, its law enforcement partners and the U.S. Attorney’s Office are committed to making sure that healthcare providers are abiding by its mandates.”
Trial Attorney James W. Harlow of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorneys C. Michael Anderson and John E. Harris of the U.S. Attorney’s Office for the Eastern District of North Carolina represented the United States. The Greensboro Resident Office of the Drug Enforcement Administration investigated the case.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the Eastern District of North Carolina, visit its website at https://www.justice.gov/usao-ednc.
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.
Federal Court Orders North Carolina Pharmacy and Pharmacist to Pay $600,000 and to Never Again Dispense Opioids or Other Controlled SubstancesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, a consent judgment and permanent injunction was entered requiring a North Carolina pharmacy, FARMVILLE DISCOUNT DRUG, INC., as well as its owner and pharmacist-in-charge, ROBERT L. CROCKER, to pay $600,000.00 in civil penalties and to never again dispense opioids or other controlled substances. Under the Court’s order, CROCKER will also surrender his license to practice pharmacy and never seek its renewal, and FARMVILLE DISCOUNT DRUG will permanently surrender its registration with the U.S. Drug Enforcement Administration (DEA).
CONSENT JUDGMENT AND PERMANENT INJUNCTIONThe consent order resolves a complaint filed by the United States alleging that FARMVILLE DISCOUNT DRUG and CROCKER repeatedly filled prescriptions for opioids and other controlled substances in violation of the Controlled Substances Act. The United States alleged that, for years, defendants ignored well-known “red flags” of drug diversion and drug-seeking behavior when filling prescriptions for controlled substances. These prescriptions often involved well-known, highly addictive, and highly abused painkillers such as oxycodone, hydrocodone, hydromorphone, and methadone, along with other “potentiator” drugs—drugs that heighten the euphoric effects of opioids, like diazepam (i.e., Valium), alprazolam (i.e., Xanax), and zolpidem (i.e., Ambien). Those potentiators also increase the risk of abuse and overdose.
As detailed in the complaint, many prescriptions raised multiple red flags, but CROCKER and FARMVILLE DISCOUNT DRUG failed to take the required steps to resolve those red flags and ensure the prescriptions’ legitimacy before filling them. The red flags ignored by CROCKER and FARMVILLE DISCOUNT DRUG were numerous:
- CROCKER and his pharmacy filled prescriptions for dangerous, highly abused prescription-drug cocktails for long-distance patients who saw a doctor an hour away and lived an hour away;
- The pharmacy filled hundreds of opioid prescriptions for multiple members of the same family;
- The pharmacy filled prescriptions for a prescriber that CROCKER knew had been cut off from other pharmacies;
- The pharmacy filled controlled-substance prescriptions for patients who hopped from doctor to doctor or pharmacy to pharmacy.
When other employees expressed concern to CROCKER about FARMVILLE DISCOUNT DRUG’s practices, he dismissed them, saying that if a doctor wrote the prescription, the pharmacy would fill it.
For example, as set forth in the complaint, FARMVILLE DISCOUNT DRUG dispensed thousands of high-strength opioid pills to Individual A, a person who lived approximately 60 miles from FARMVILLE DISCOUNT DRUG. A doctor located approximately 53 miles from the pharmacy wrote individual A’s prescriptions. Approximately 77% of the prescriptions Individual A filled at FARMVILLE DISCOUNT DRUG were for 30-mg oxycodone tablets, the highest strength immediate-release oxycodone tablet available. At one point, FARMVILLE DISCOUNT DRUG dispensed four thirty-day supplies of 30-mg oxycodone tablets (720 tablets) for Individual A in just 66 days. And to make matters worse, FARMVILLE DISCOUNT DRUG often dispensed oxycodone to Individual A in combination with other opioids (such as 5-mg or 10-mg methadone) or muscle relaxers (such as 350-mg carisoprodol), increasing the risk of abuse or overdose. For example, although the Centers for Disease Control and Prevention urge caution when an individual receives an opioid dosage greater than 90 morphine milligram equivalents (MME) per day, at times, FARMVILLE DISCOUNT DRUG dispensed oxycodone and methadone pills to Individual A totaling more than 300 MME per day, before adding the additional depressant effects of the muscle relaxer.
During the same period, FARMVILLE DISCOUNT DRUG also filled more than thirty prescriptions for Individual B, who shared the same last name as Individual A and who resided at the same address as Individual A for at least a portion of the time they were both filling prescriptions at FARMVILLE DISCOUNT DRUG. Notably, approximately 97% of the prescriptions that FARMVILLE DISCOUNT DRUG filled for Individual B were for 30-mg oxycodone tablets—the same drug and strength that Individual A was receiving.
The claims resolved by the consent order remain allegations only, and there has been no judicial determination or admission of liability. Rather, the court adopted the parties’ agreement to resolve the case without further litigation and entered a consent order ensuring, among other things, that CROCKER and FARMVILLE DISCOUNT DRUG will never dispense opioids or other controlled substances again.
“The Department of Justice has made combating the opioid crisis one of its top priorities,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “We will work hand-in-hand with the DEA and other law enforcement partners to ensure that pharmacies that fail to uphold their obligation to dispense controlled substances lawfully will be held accountable.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said United States Attorney Robert J. Higdon. “As the last line of defense between these dangerously addictive substances and our communities, pharmacists and pharmacies play a critical role in stemming the tide of the opioid epidemic. The turn-a-blind-eye approach to pharmacy practice on display at Farmville Discount Drug did just the opposite; it made matters worse. Today’s order demonstrates our office’s unwavering commitment to hold all those who had a role to play in this crisis—from distributors, to prescribers, to the pharmacies who ultimately put the pills in patients’ hands—responsible for their actions.”
Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division commented on the case, “DEA Diversion Investigators will continue to aggressively pursue the unlawful dispensing practices of healthcare providers. These providers should be in compliance with a set standard of rules and regulations. This civil suit and permanent injunction shows that DEA, its law enforcement partners and the U.S. Attorney’s Office are committed to making sure that healthcare providers are abiding by its mandates.”
The investigation and prosecution of this case were a joint effort by the U.S. Drug Enforcement Administration, the U.S. Attorney’s Office for the Eastern District of North Carolina, and the Consumer Protection Branch of the U.S. Department of Justice. Assistant United States Attorneys C. Michael Anderson and John E. Harris and Consumer Protection Branch Trial Attorney James W. Harlow represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Ex-Chairman of Christian Science Church in Los Angeles Pleads Guilty to Criminal Charges of Stealing $11 Million from ChurchRead the Press Release
LOS ANGELES – The former chairman of the board for the Fifth Church of Christ, Scientist, of Los Angeles pleaded guilty today to federal criminal charges that he stole more than $11 million in church money via bank accounts for phony companies and tried to cover his tracks by impersonating a real estate developer.
Charles Thomas Sebesta, 55, of Huntington Beach, pleaded guilty to one count of wire fraud affecting a financial institution and one count of bank fraud. He has been in federal custody since his arrest in August 2019.
According to his plea agreement and other court documents, Sebesta was hired in 2001 as the church’s facilities manager and joined the church in 2005, ultimately serving as its local chairman. In this capacity, he had control over the church’s financial assets and operations, including some of its bank accounts.
From at least August 2006 through December 2016, Sebesta caused the church to make checks and other payments to fictitious companies for which he had opened bank accounts that he controlled, as well as to bank accounts he held in his own name and in the names of his family members and a female companion. To further conceal these payments, Sebesta forged a church member’s signature on numerous checks drawn against the church’s bank accounts.
In the fall of 2008, Sebesta oversaw the sale of church property in Hollywood for approximately $12.8 million. He admitted that he siphoned a significant majority of the proceeds for his personal use, including purchasing a home with more than $2 million in cashier’s checks drawn from church bank accounts. The checks were falsely recorded in church records as “donations” and environmental remediation payments to a fictitious “Sky Blue Environmental” company.
In 2009 and 2010, Sebesta wired $1.86 million and $309,622 in church money to be credited to his own personal tax accounts in order to generate overpayment refunds to himself from the U.S. Treasury and the California Franchise Tax Board, respectively.
To conceal his crimes, Sebesta impersonated a real estate developer by creating an email account in the executive’s name. Posing as the developer, Sebesta sent emails to church members in which he fraudulently represented that the real estate developer was making donations to the church, including making rent payments for the church’s new location, and held Sebesta in high esteem.
Sebesta also admitted to defrauding another former employer – a private high school in Los Angeles County – out of $34,032.
He also embezzled $36,282, which had been donated to the church by the estate of a donor.
In total, Sebesta stole at least $11,438,213 of church assets, according to court documents.
United States District Judge Stephen V. Wilson has scheduled a May 18 sentencing hearing, at which time Sebesta will face a statutory maximum penalty of 60 years in federal prison.
The United States Secret Service investigated this matter.
This case is being prosecuted by Assistant United States Attorney Valerie L. Makarewicz of the Major Frauds Section.
Convicted Felon Pleads Guilty to Illegal Re-Entry, False Representation of Social Security NumberRead the Press Release
United States Attorney Erica H. MacDonald today announced the guilty plea of OLGA MARINA FRANCO DEL-CID, 36, to one count of illegal re-entry after removal and one count of false representation of social security account number. FRANCO DEL-CID, who was charged on December 12, 2019, entered her guilty plea earlier today before Judge Susan Richard Nelson in U.S. District Court, in St. Paul, Minnesota. A sentencing date has been set for June 11, 2020.
According to the defendant’s guilty plea and documents filed in court, FRANCO DEL-CID was previously removed from the United States on May 4, 2016, following a felony conviction on August 8, 2008, in Lyon County, for criminal vehicular homicide. On November 26, 2019, FRANCO DEL-CID was found in the United States in violation of the previous removal. FRANCO DEL-CID also admitted to falsely representing a social security number on an Employment Eligibility Verification Form I-9.
This case is the result of an investigation conducted by U.S. Immigration and Customs Enforcement.
Assistant U.S. Attorney Laura M. Provinzino is prosecuting the case.
Defendant Information:
OLGA MARINA FRANCO DEL-CID, 36
Inver Grove Heights, Minn.
Charges:
- Illegal re-entry after removal, 1 count
- False representation of social security account number, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Colusa County-based Darkweb Drug Vendor “Budgetbudsexpress” Pleads GuiltyRead the Press Release
SACRAMENTO, Calif. — Eric Friccero, 29, of Arbuckle, pleaded guilty today to possessing with intent to distribute a controlled substance, U.S. Attorney McGregor W. Scott announced.
According to court documents, Fricerro, operating under the name “BudgetBudsExpress,” distributed marijuana to customers throughout the United States through darkweb marketplaces. On Jan. 31, 2019, law enforcement officers searched Friccero’s residence and found marijuana that was offered for sale on the darkweb, along with bitcoin and cash.
This case is the product of an investigation by the Northern California Illicit Digital Economy Task Force (NCIDE), composed of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration, and IRS Criminal Investigation. The NCIDE Task Force is a federal task force focused on targeting all forms of darkweb and cryptocurrency activity in the Eastern District of California. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
Friccero is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on Aug. 17. Friccero faces a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Cherokee Man Is Sentenced to More Than Four Years for Sexually Abusing A Minor on Indian ReservationRead the Press Release
ASHEVILLE, N.C. – David Paul George Sr., 56, of Cherokee, N.C., was sentenced today to 51 months in prison for the sexual abuse of a minor in Indian Country, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina. In addition to the prison term imposed, U.S. District Judge Max O. Cogburn Jr. also ordered George to serve 15 years under court supervision, and to register as a sex offender after he is released from prison.
Chief Doug Pheasant, of the Cherokee Indian Police Department, joins U.S. Attorney Murray in making today’s announcement.
According to court documents and today’s sentencing hearing, between March and May 2018, George, who is an enrolled member of the Eastern Band of Cherokee Indians, sexually abused a minor female entrusted in his care. As George previously admitted in court, the defendant sexually abused the victim on multiple occasions. The sexual abuse took place in Swain County, within the boundaries of the Indian reservation.
George has been in federal custody since June 2019. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the Cherokee Indian Police Department for their investigation of this case.
Assistant U.S. Attorney John Pritchard, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Carjacker Sentenced to 15 Years in Federal PrisonRead the Press Release
An armed carjacker who led police on a wild chase across Northeast Dallas was sentenced today to 15 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Austin David Reed, 27, pleaded guilty in September to carjacking and brandishing a firearm during a crime of violence.
According to plea papers, Mr. Reed admitted that while armed with a pistol, he used force and violence to steal a 2006 Acura in February 2019.
Law enforcement encountered Mr. Reed, who was wearing a bullet proof vest, at a hotel room in Dallas after receiving about a domestic disturbance.
According to an indictment, Mr. Reed stated he was “not going down like this,” and fled the scene, running through a wooded area and into a nearby neighborhood, where he carjacked the Acura.
He then led police on a high-speed chase, crashing the car through a neighborhood gate in an attempt to reach the road. After wrecking the Acura on a light pole, Mr. Reed exited the vehicle and ran into a nearby home. Inside, he brandished a knife and demanded car keys. When one of the home’s occupants confronted Mr. Reed with a firearm, he fled through the garage.
The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Dallas Police Department conducted the investigation. Assistant U.S. Attorney Ryan Raybould prosecuted the case. U.S. District Judge Samuel A. Lindsay handed down the sentence.
Bridgeport Man Guilty of Heroin Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that, on January 31, 2020, a federal jury in New Haven found DEWAYNE JOYNER, also known as “Weezy,” 35, of Bridgeport, guilty of heroin distribution offenses.
According to the evidence presented during the trial, during the summer of 2017, members of the ATF, DEA and Bridgeport Police Department, who were investigating narcotics trafficking in Bridgeport’s East End neighborhood, learned that Joyner was selling heroin. In September 2017, investigators conducted controlled purchases of heroin from Joyner. The investigation revealed that Joyner was staying at a hotel in Bridgeport, and was storing narcotics in his hotel room.
Joyner was arrested on September 12, 2017. At the time of his arrest, a search of his person revealed a quantity of heroin, $1,326 in cash, four cellphones and his hotel room key. A search of the hotel room revealed more than 250 grams of heroin and items used to process and package narcotics for street sale.
The jury found Joyner guilty of one count of one count of possession with intent to distribute 100 grams or more of heroin, one count of possession with intent to distribute a quantity of heroin, and two counts of possession with intent to distribute, and distribution of, a quantity of heroin. Joyner was found not guilty of one count of possession with intent to distribute, and distribution of, a quantity of heroin.
Joyner, who has been detained since his arrest, faces at least five years of imprisonment when he is sentenced by U.S. District Judge Jeffrey A. Meyer. A sentencing date is not scheduled.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force and the Bridgeport Police Department. The DEA Task Force includes personnel from the DEA, Connecticut State Police and Norwalk, Stamford, Stratford, Milford, Bridgeport and Trumbull Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Joseph Vizcarrondo and Sarala Nagala.
Bradenton Man Sentenced to More Than Seven Years for Drug and Gun OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Quleton Monix (36, Bradenton) to seven years and nine months in federal prison for possessing with the intent to distribute cocaine and for possessing a firearm in furtherance of a drug trafficking crime. The court also ordered Monix to forfeit the firearm and ammunition.
Monix had pleaded guilty on October 24, 2019.
According to court documents, between August 20 and September 12, 2018, Monix sold crack cocaine to an undercover officer on five different occasions. On September 26, 2018, law enforcement officers arrested Monix on multiple warrants for the sale of narcotics. After his arrest, authorities searched Monix and his vehicle and recovered $1,917 from Monix’s pocket, $3,071 from his wallet, 3.9 grams of crack cocaine from the center console of the vehicle, and $18,020, wrapped in stacks of $1,000, from a bag underneath the passenger seat.
That same day, a search warrant was executed at Monix’s residence. Inside the home, law enforcement officers located, among other things, 38 grams of cocaine, a digital scale, a razor blade, two silver pots and a fork that contained cocaine residue, a loaded semi-automatic pistol, and a box of ammunition.
This case was investigated by the Federal Bureau of Investigation and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney David C. Waterman.
This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Bradenton Man Pleads Guilty to Drug and Gun OffensesRead the Press Release
Tampa, Florida – Joseph Brice, Jr. (26, Bradenton) has pleaded guilty to distributing heroin and fentanyl, and to possessing a firearm as a convicted felon. He faces a maximum penalty of life in federal prison. A sentencing date has not yet been scheduled.
According to the plea agreement, Brice sold heroin and fentanyl to an undercover officer on five different occasions. During the fifth drug sale, Brice sold heroin and a firearm to the undercover officer. Brice, who has prior felony convictions for armed burglary and cocaine distribution, is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manatee County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David C. Waterman.
This case was brought as part of Project Safe Neighborhoods (“PSN”). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Boone County Man Pleads Guilty to Transportation of Child PornographyRead the Press Release
COVINGTON, Ky.- Joshua E. Tippett, 19, of Florence, Kentucky, pleaded guilty in federal court on Friday, before U.S. District Judge David L. Bunning, and admitted that he knowingly transported child pornography.
Tippett admitted that, from July to December 2018, he used internet based programs and accounts to upload on a computer approximately 50 videos depicting minors engaged in sexually explicit conduct.
Tippett was indicted in February 2019.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Steve Igyarto, Special Agent in Charge, Department of Homeland Security – Homeland Security Investigations (DHS-HSI); Commissioner Rodney Brewer, Kentucky State Police; and Sheriff Michael Helmig, Boone County Sheriff’s Department, jointly announced the guilty plea.
The investigation was conducted by HIS, Kentucky State Police, and Boone County Sheriff’s Department. The U.S. Attorney’s Office was represented by Assistant U.S. Attorney Jennifer Weinhold.
Tippett is scheduled to be sentenced on May 21, 2020. He faces up to 20 years in prison and a maximum fine of $250,000. However, any sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
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Attorney General Barr Names Bobak Talebian Director of the Office of Information PolicyRead the Press Release
Attorney General William P. Barr today appointed Bobak (Bobby) Talebian as Director of the Office of Information Policy (OIP). He has served as Acting Director since October 2019, and replaces Melanie Ann Pustay as Director.
Mr. Talebian will be responsible for managing the Department’s responsibilities related to the Freedom of Information Act (FOIA), including responding to initial requests made to the Department’s senior leadership offices, adjudicating all appeals from denials by any Department component under the FOIA, developing FOIA policy guidance for all Executive Branch agencies, providing legal counsel and training to agency personnel on the procedural and substantive aspects of the Act, and for overseeing agency compliance with the law.
“Bobby brings a wealth of experience and knowledge to this position,” said Attorney General Barr. “OIP and the Department of Justice will continue to benefit from his insight, expertise and dedication to public service.”
Before becoming Acting Director, Mr. Talebian served as Acting Chief of Staff from August 2019 to October 2019, where he supervised and managed the day-to-day operations of the office. Earlier, from May 2013 to August 2019, he was the Chief of OIP’s FOIA Compliance Staff, where his team executed OIP’s responsibilities to oversee and encourage government-wide compliance with the FOIA.
Mr. Talebian graduated from the University of Tennessee College of Law where he served on Law Review.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Armed Fentanyl Dealer Sentenced to 20 Years in PrisonRead the Press Release
NORFOLK, Va. – A Norfolk man was sentenced today to 20 years in prison for distributing fentanyl, and for carrying and possessing a firearm during multiple drug-trafficking crimes.
According to court documents, in January 2019, Jermaine Curtis Parker, 36, a five-time felon, sold pure fentanyl to an undercover police officer six times, although Parker marketed the drugs as heroin. During at least three of those deals, he was armed with a 9mm handgun.
After the sixth purchase, ATF agents and police officers executed search warrants on three of Parker’s properties and recovered an AR pistol, an AR-type rifle, and other handguns. Distribution amounts of marijuana, cutting agents, and drug-packaging materials for heroin were also found at these residences. One of the handguns had been reported stolen during a vehicle theft in Norfolk. Parker was arrested outside one of these properties after engaging in a standoff with the police during which he refused to leave the residence. He later admitted to using the delay to hide one of his guns in the HVAC system.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorney William B. Jackson prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-141.
Armed Drug Dealer Sentenced to More Than Ten Years in PrisonRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Andrea Manassa was sentenced to 123 months of imprisonment on January 23, 2020. Manassa pled guilty in July of 2019 to two charges—possession with intent to distribute crack cocaine and carrying a firearm in furtherance of a drug trafficking felony.
United States District Court Judge Terry F. Moorer imposed a sentence of sixty three months on the drug charge and ordered that it run consecutive to 60 months on the carrying a firearm in furtherance of the drug trafficking felony, for a total sentence of imprisonment of 123 months. The judge ordered that when Manassa is released from imprisonment, he will serve four years of supervised release.
Court records established that on November 27, 2018 law enforcement officers in the City of Prichard, Alabama saw the Manassa in the passenger seat of a car. Officers recognized Manassa and knew he had active felony warrants. The officers also recognized the vehicle as it had fled from law enforcement during a drug investigation approximately one week earlier. Officers approached the vehicle and Manassa fled on foot but was captured. On the passenger floorboard where Manassa was sitting officers recovered approximately 63 grams of crack cocaine and approximately 75 grams of powder cocaine as well as a loaded firearm, a Glock, Model 43, 9mm handgun. Manassa possessed the firearm in furtherance of his drug trafficking to protect his drugs.
The case was investigated by the City of Prichard Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. (ATF). It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney George May.
Arizona Man Pleads Guilty to Assaulting a Federal Officer in a Restricted Area Outside of Federal Court in Washington, D.C.Read the Press Release
WASHINGTON - United States Attorney for the District of Columbia Timothy J. Shea, and Chief Deputy U.S. Marshal Lamont Ruffin, of the U.S. Marshals Service (USMS), announced that Kyle Piunti, 31, of Arizona, pled guilty on Friday, January 31, 2020, to Assaulting, Resisting, or Impeding Certain Officers or Employees, before United States District Court Chief Judge Beryl A. Howell.
Chief Judge Howell will sentence Piunti, on April 10, 2020. At sentencing, Piunti faces a term of incarceration and up to three years of supervised release for the charge. The Court ordered that Piunti be held without bond pending his sentencing.
According to the government’s evidence, on August 21, 2019, at approximately 7:40 p.m., an on-duty Court Security Officer, who is designated a federal officer, observed the defendant inside of a USMS vehicle located inside the restricted parking lot of the United States District Court. The Court Security Officer told the defendant to get out of the vehicle and the restricted parking lot area. The defendant became aggressive, and began to assault the Court Security Officer. During the assault, the defendant pushed the Officer to the ground; the Officer was immediately taken to the hospital for treatment for a severe ankle injury which subsequently required surgical treatment to repair the damage caused by the defendant. The defendant ran from the restricted area before he was ultimately apprehended several blocks away.
In announcing the plea, U.S. Attorney Shea and Chief Deputy U.S. Marshal Ruffin commended the work of those who investigated the case from the U.S. Marshals Service. They expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialist Teesha Tobias, Rommel Pachoca, and Legal Assistant Kate Abrey. Finally, they commended the work of Assistant U.S. Attorney Emory V. Cole who investigated and prosecuted the case.
"Froggy Robber" Sentenced to Federal Prison for Armed Bank RobberyRead the Press Release
PORTLAND, Ore.—Diego Sanchez-Lopez, 25, of Clark County, Washington, known locally as the “Froggy Robber,” was sentenced today to 97 months in federal prison and three years’ supervised release for armed bank robbery.
According to court documents, between November 2017 and April 2018, Sanchez-Lopez stole more than $87,000 from the following six banks in Oregon and Southwest Washington:
- On November 27, 2017, $9,710 was stolen from the Albina Community Bank located at 2002 NE Martin Luther King Jr. Boulevard in Portland.
- On December 27, 2017, $26,000 was stolen from the Wells Fargo Bank located at 8699 SW Main Street in Wilsonville, Oregon.
- On January 11, 2018, $11,580.99 was stolen from the Wells Fargo Bank located at 6785 Beaverton Hillsdale Highway in Beaverton, Oregon.
- On January 30, 2018, $6,720 was stolen from the U.S. Bank located at 52313 Columbia River Highway in Scappoose, Oregon.
- On February 12, 2018, $15,400 was stolen from the Wells Fargo Bank located at 1800 Main Street in Vancouver, Washington.
- On April 30, 2018, 33,357 was stolen from the Wells Fargo Bank located at 7200 NE Butler Street in Hillsboro, Oregon.
During sentencing, U.S. District Court Judge Michael W. Mosman ordered Sanchez-Lopez to pay more than $119,000 in restitution.
Previously, On August 5, 2019, Sanchez-Lopez pleaded guilty to six counts of bank robbery. As a non-citizen and lawful permanent resident, this conviction will subject Sanchez-Lopez to removal from the U.S. by immigration authorities.
This case was investigated by the FBI and prosecuted by John C. Brassell, Assistant U.S. Attorney for the District of Oregon.
2 February 2020
Sioux Falls Man Sentenced for Meth Distribution ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 29, 2020, by U.S. District Judge Karen Schreier.
Fredrick Green, a/k/a Frederick Green, age 47, was sentenced to 10 years in federal prison, followed by 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Fredrick Green was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on March 5, 2019. He pled guilty on November 7, 2019.
From an unknown date, until on or about January 15, 2019, in the District of South Dakota and elsewhere, Fredrick Green did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown, to knowingly and intentionally distribute a mixture and substance containing 500 grams or more of methamphetamine, a Schedule II controlled substance.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Taskforce. Assistant U.S. Attorney Jennifer Mammenga prosecuted the case.
Green was immediately turned over to the custody of the U.S. Marshals Service.
Ridgeview Man Indicted on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Ridgeview, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Shilo Phillip Hill, age 24, was indicted on July 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 18, 2019, Hill, having been knowingly convicted of a crime punishable by imprisonment for a term exceeding one year and knowingly being an unlawful user of and addicted to a controlled substance, knowingly possessed a handgun near Eagle Butte, South Dakota.
The charge is merely an accusation and Hill is presumed innocent until and unless proven guilty.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Hill was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Woman Charged with Theft of Government Property and FraudRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Property, Supplemental Security Income Benefits Fraud, and two counts of False Statement.
Holli Lundahl, a/k/a Holli Telford, age 63, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in prison, and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for the Theft of Government Property charge. The maximum penalty upon conviction for the other charges is 5 years in prison, and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Lundahl knowingly converting to her own use money of the U.S. Social Security Administration, namely Title XVI Social Security Supplemental Income payments in excess of $1,000, between 2014 and 2019. Lundahl also falsely reported her resources and assets, and concealed and failed to disclose her resources and assets in order to continue to receive and spend SSI benefit payments made by the Social Security Administration. On March 28, 2019, Lundahl failed to disclose to a Social Security Administration Claims Specialist that she had joint access to a checking account that contained in excess of $25,000, and that she had an ownership interest in property located in Texas, which she knew would affect her right to ongoing SSI payments. In December 2018, Lundahl filed a Notice of Appeal with a document that contained a forged date stamp with the U.S. Court of Appeals for the Eighth Circuit.
The charges are merely accusations and Lundahl is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General – Social Security Administration. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Lundahl was released on bond pending trial. A trial date has been set for April 7, 2020.
Rapid City Man Sentenced for Illegal Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Karen E. Schreier, U.S. District Court Judge.
Louis Bettelyoun, age 32, was sentenced on January 23, 2020, to 21 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to Bettelyoun, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a Bersa S.A., Thunder 380, .380 caliber semi-automatic pistol in March 2019 at Rapid City.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Bettelyoun was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Court Judge.
Cory Myers, age 45, was sentenced on January 30, 2020, to 7 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Myers, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a stolen Taurus, model PT92 AF, 9mm semi-automatic pistol, and 18 other stolen firearms in January 2019 at Rapid City, which were found after Myers came into contact with Rapid City police officers.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Myers was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Illegal Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Moses Montileaux Jr. was charged on September 10, 2019. Montileaux appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2020, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Montileaux, a previously convicted felon who is prohibited from possessing firearms, being in possession of a 9x19mm Luger caliber semi-automatic pistol. The charge is merely an accusation and Montileaux is presumed innocent until and unless proven guilty.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Montileaux was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Illegal Possession of FirearmsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Manufacturing an Unregistered Firearm and Possession of a Firearm by a Prohibited Person.
Christopher Bittner, age 25, was charged on January 22, 2020. Bittner appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2020, and pleaded not guilty to the charges.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Bittner making an unregistered shortened 12-gauge pump-action shotgun, as well as possessing other firearms and marijuana in November 2019 at Rapid City. The charges are merely an accusation and Bittner is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduceviolent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Bittner was released pending trial. A trial date has not been set.
Pine Ridge Man Sentenced to 20 Years in Federal Prison for Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced by Jeffrey L. Viken, U.S. District Court Judge.
Isadore White Calf, age 56, was sentenced on January 29, 2020, to 20 years in federal prison, followed by a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Calf was indicted for the charge by a federal grand jury in July 2018. The charge related to White Calf forcibly sexually assaulting a female in February 2017 at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
White Calf was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Aaron Brian James Neck, age 43, was indicted on October 16, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 21, 2019, Neck did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.
The charge is merely an accusation and Neck is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Neck was released on bond pending trial. A trial date has not been set.
North Dakota Man Pleads Guilty to Wildlife Violations Involving Bald Eagle DeathsRead the Press Release
United States Attorney Ron Parsons announced that a Flasher, North Dakota, man has been charged by information for Unlawful Taking of Bald Eagle, Unlawful Taking of Migratory Birds, and Unlawful Use of Restricted Use Pesticide.
David Alan Meyer, age 58, was charged on January 16, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on January 30, 2020, and pled guilty to the Information.
The maximum penalty upon conviction is 1 year in federal prison, a $100,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may be ordered.
In March and April 2016, a joint U.S. Fish and Wildlife Service and Environmental Protection Agency investigation revealed that David Meyer, owner of Meyer Buffalo Ranch on the Standing Rock Sioux Indian Reservation, had supervised the misapplication of 39,000 pounds of Rozol prairie dog bait, a restricted use pesticide, on over 5,400 acres of his property.
Over a dozen workers were interviewed and confirmed they were supposed to put the poison in the holes, but due to the high demand on the amount of poison that needed to be dispensed and the large land tract, workers got sloppy and the poison was not dispensed as required by the label. Because of the misapplication, the EPA emergency response team was dispatched to oversee the cleanup of the ranch land by Meyer. During the course of the investigation six bald eagles were recovered and confirmed to have died as a result of the poison.
Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Meyer was released on bond pending sentencing, scheduled for April 2, 2020.
Mission Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on January 28, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Logan James Fast Horse, age 22, was sentenced to 30 months in federal prison, followed by 3 years of supervised release, $335.42 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fast Horse was indicted by a federal grand jury on May 14, 2019. He pled guilty on November 6, 2019.
The conviction stemmed from an incident that occurred on April 5, 2019, when Fast Horse did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Fast Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Indicted for Involuntary Manslaughter and Threatening a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and Influencing a Federal Officer by Threat.
Steven Burning Breast, age 24, was indicted on November 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 22, 2019, in Todd County, South Dakota, Burning Breast killed two individuals by operating a motor vehicle in a grossly negligent manner. The Indictment further alleges that on October 16, 2019, Burning Breast threatened to murder a law enforcement officer who was employed by the Rosebud Sioux Tribe.
The charges are merely accusations and Burning Breast is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bennett County Sheriff’s Office. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Burning Breast was released on bond pending trial. A trial date has not been set.
McLaughlin Couple Indicted on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, couple have been indicted by a federal grand jury for Conspiracy to Distribute Marijuana, Possession of a Firearm by a Prohibited Person, Possession of an Unregistered Firearm, and Maintaining a Drug Involved Premises Near a Playground.
Brady James Claymore, age 32, was indicted on January 14, 2020, for Conspiracy to Distribute Marijuana, Possession of a Firearm by a Prohibited Person, and Possession of an Unregistered Firearm. The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, at least 3 years up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Michelle Rose Helper, age 35, was indicted on January 14, 2020, for Maintaining a Drug Involved Premises Near a Playground. The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Claymore and Helper appeared before U.S. Magistrate Judge William D. Gerdes on January 30, 2020, and pled not guilty to the indictments.
Claymore’s Indictment alleges that beginning on the 1st day of January, 2010, and continuing to September 24, 2019, in South Dakota, Claymore, knowingly and intentionally, combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 50 kilograms or more of marijuana. It further alleges that he possessed several firearms, including an unregistered short-barreled shotgun, while knowingly being an unlawful user of and addicted to marijuana in McLaughlin, South Dakota.
Helper’s Indictment alleges that between 2011 and 2019, she intentionally and knowingly used and maintained a place in McLaughlin, South Dakota, for the purposes of distributing and using marijuana within 1,000 feet of a playground.
The charges are merely accusations and Claymore and Helper are presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation is being conducted by the Mobridge Police Department, the Bureau of Indian Affairs, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Claymore and Helper were released on bond pending trial. A trial date has not been set.
Lower Brule Man Sentenced for Retaliation Against a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Retaliation against a Federal Officer by Threat was sentenced on January 28, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Jarraid Crazy Bull, a/k/a Jerraid Crazy Bull, age 34, was sentenced to approximately 9 months of imprisonment, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crazy Bull was indicted by a federal grand jury on April 17, 2018. He pled guilty on November 6, 2019.
The conviction stemmed from an incident on July 31, 2017, when Bureau of Indian Affairs law enforcement officers responded to a call of Crazy Bull threatening an individual. When law enforcement arrived to the scene in Lower Brule, Crazy Bull fled from the officers. Law enforcement then pursued Crazy Bull and located him hiding in a yard where he was placed under arrest. Upon his arrest, Crazy Bull threatened to shoot the officers involved and further threatened one of the officers again while enroute to the correctional facility.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crazy Bull was released on conditions following his sentencing hearing.
Kyle Man Charged with Illegal Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Possession of a Firearm with an Obliterated Serial Number.
Jesse Runnels, age 37, was charged on December 17, 2019. Runnels appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2020, and pleaded not guilty to the charges. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Runnels, a previously convicted felon who is prohibited from possessing firearms, being in possession of a Smith & Wesson 9mm semi-automatic pistol, which had an obliterated serial number. The charges are merely an accusation and Runnels is presumed innocent until and unless proven guilty.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Runnels was detained pending trial. A trial date has not been set.
Jury Finds Wagner Man Guilty of Simple AssaultRead the Press Release
United States Attorney Ron Parsons announced that Francis Stanford Stricker, age 48, of Wagner, South Dakota, was found guilty of Simple Assault following a two-day jury trial in Pierre, South Dakota. The verdict was returned on January 30, 2020.
The charge carries a maximum sentence of up to 6 months in prison and/or a $5,000 fine, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.
Stricker was indicted by a federal grand jury on March 12, 2019. The charge stems from an incident that occurred on August 7, 2018, in Mission, South Dakota. On that date, Stricker grabbed his girlfriend, knocked her down, and assaulted her with his hands while she attempted to fight him off and escape.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
A sentencing date has been set for April 20, 2020. Stricker was released pending sentencing.
Colorado Man Sentenced to Ten Years for Trafficking of MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Greeley, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Judge Jeffrey L. Viken, U.S. District Court.
John Schrum, age 47, was sentenced on January 27, 2020, to 10 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Schrum was indicted by a federal grand jury in November 2018. The charge related to Schrum and another person obtaining and transporting at least 500 grams of methamphetamine from Colorado, for distribution in western South Dakota between 2017 and 2018. During a traffic stop on July 6, 2018, Schrum possessed a .40 caliber semi-automatic pistol, which he is prohibited from possessing, and agreed to forfeit all interests in the firearm. The co-conspirator’s case is still pending.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 its 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 local communities to develop effective, locally-based strategies to reduce violent 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/projectguardian.
This case was investigated by federal, state and local agencies, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, and the Unified Narcotics Enforcement Team (“UNET”), which is a local drug task force comprised of various agencies, including the South Dakota Department of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. The case was prosecuted by Assistant U.S. Attorney Eric Kelderman.
Schrum was immediately turned over to the custody of the U.S. Marshals Service.
31 January 2020
Woman Pleads Guilty to Distributing Contraband CigarettesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that Crystal King, 32, of the Akwesasne Mohawk Indian Reservation, pleaded guilty before U.S. Magistrate Judge Marian W. Payson, to distribution of contraband cigarettes. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa Marangola, who is handling the case, stated that the defendant worked with others to acquire “cut rag tobacco” which would be used to manufacture contraband cigarettes. Monies to purchase the cut rag tobacco were wired from Rochester, NY to CanStar International Inc., a tobacco broker, in the state of Florida. The cut rag tobacco was subsequently obtained from a tobacco distributor located in the state of North Carolina.
In October 2018, King directed that a shipment of cut rag tobacco be sent to individuals who the defendant knew were manufacturing and distributing unlicensed cigarettes on and from the Akwesasne Mohawk Indian Reservation, which is located in the Northern District of New York. On October 18, 2018, law enforcement officers stopped a pickup truck, towing an enclosed gray trailer, shortly after leaving the reservation. A search of the trailer located approximately 3,000,000 contraband cigarettes wrapped in plastic bags. None of the cigarettes bore a New York State tax stamp or other evidence of the payment of applicable New York State cigarette taxes. Under New York law, tax stamps are required on all cigarettes that enter the stream of commerce in New York State.
King admits that she knowingly assisted others in evading approximately $150,990 in federal excise taxes and $652,500 in New York State sales taxes related to the manufacture, possession and distribution of illegal contraband cigarettes.
The plea is the culmination of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge; Homeland Security Investigations - Border Enforcement Security Team, under the direction of Special Agent-in-Charge Kevin Kelly; Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher; the Alcohol and Tobacco Tax and Trade Bureau – Office of Field Operations, under the direction of Assistant Administrator Nicholas Colucci; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for April 30, 2020, at 12:00 p.m. before U.S. District Judge Charles J. Siragusa.
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Wilmington Pair Sentenced for Drug Distribution and Firearm ChargesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, Chief United States District Judge Terrence W. Boyle sentenced NATHANIEL JOSEY, 61, of Wilmington, North Carolina, to 84 months imprisonment, followed by 4 years of supervised release. On April 2, 2019, JOSEY pled guilty to conspiracy to possess with intent to distribute 500 grams or more of cocaine, two counts of distribution of a quantity of pocaine, possession with intent to distribute a quantity of cocaine and cocaine base (crack), and possession with intent to distribute 500 grams or more of cocaine.
Previously, Chief United States District Judge Boyle sentenced ANTHONY WILLIAMS, 36, of Wilmington, to 168 months imprisonment and 5 years supervised release. On January 15, 2019, WILLIAMS pled guilty to conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, possession with intent to distribute 500 grams or more of cocaine and 28 grams or more of cocaine base (crack), and possession of a firearm in furtherance of a drug trafficking crime.
In May 2017, the FBI’s Coastal Carolina Criminal Enterprise Task Force, which is comprised of the Federal Bureau of Investigation, New Hanover County Sheriff’s Office, Wilmington Police Department, Brunswick County Sheriff’s Office, and North Carolina State Bureau of Investigation, and the Drug Enforcement Administration, initiated an investigation into JOSEY’s drug trafficking activities.
On May 30 and June 6, 2017, the New Hanover County Sheriff’s Office conducted two controlled purchases of cocaine from JOSEY, both times in the parking lot of a business on Carolina Beach Road in New Hanover County. After JOSEY completed the June 6 drug deal, detectives conducted a traffic stop on JOSEY’s car. New Hanover Sheriff’s Detectives found quantities of cocaine and cocaine base (crack) and $3,800. Detectives developed information that JOSEY lived in Brunswick County and had more cocaine at his residence.
New Hanover County Detectives provided this information to the Brunswick County Sheriff’s Office. Detectives then conducted a consent search of JOSEY’s residence and found several ounces of cocaine and cocaine base (crack), more than $60,000 in drug proceeds, two loaded handguns, and numerous long guns.
During the investigation it was determined that JOSEY was being supplied by WILLIAMS and that JOSEY had recently received cocaine from WILLIAMS. New Hanover County Detectives obtained a search warrant for a residence associated with WILLIAMS. Detectives found 10 kilograms of cocaine, more than 380 grams of crack cocaine, items used to convert cocaine into crack cocaine, a loaded semi-automatic handgun, and more than $205,000 in drug proceeds.
The investigation uncovered that WILLIAMS imported and distributed approximately 60 kilograms of either cocaine and/or crack cocaine during the course of the drug conspiracy.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The success of this case is the direct result of the phenomenal partnership between law enforcement agencies and the United States Attorney's Office in the Eastern District of North Carolina. There is no limit to what the FBI, the New Hanover County Sheriff's Office and the Brunswick County Sheriff's Office can accomplish when it comes to protecting the members of their communities. Assistant United States Attorney Timothy M. Severo and Special Assistant United States Attorney Murphy Averitt represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
West Virginia physician sentenced for illegally distributing drugsRead the Press Release
CLARKSBURG, WEST VIRGINIA – Dr. George P. Naum, of Wheeling, West Virginia, was sentenced today to six months incarceration to be followed by two years of supervised release, with the first six months on home confinement, for illegally distributing controlled substances, U.S. Attorney Bill Powell announced.
“When you illegally distribute drugs, you must be held accountable. Dr. Naum chose to prey on those most vulnerable, seeking treatment for substance abuse. He chose to further their addiction instead of help, as he was sworn to do. Thank you to the prosecution team, including investigators, who worked hard to bring this case to justice,” said Powell.
After a six-day trial in April 2019, a jury found Naum, guilty of one count of “Conspiracy to Distribute Controlled Substances Outside the Bounds of Professional Medical Practice,” and four counts of “Aiding and Abetting the Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.” He was found not guilty of one count of “Aiding and Abetting the Distribution of Controlled Substances Outside the Bounds of Professional Medical Practice.” Naum, age 60, conspired with others to illegally distribute controlled substances from a drug treatment center, Advance Healthcare, Inc., in Weirton, West Virginia from 2008 to 2016.
Naum was also ordered to pay $77,063.20 in forfeiture, and to pay a $2500 fine. Naum will have to relinquish his medical license while incarcerated and on supervised release. He is permitted to seek to reinstate his license once his sentence is served. Naum will report for his incarceration on March 9, 2020.
Assistant U.S. Attorneys Sarah E. Wagner and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration, the Federal Bureau of Investigation, the Office of Inspector General at the U.S. Department of Health and Human Services, WV Offices of the Insurance Commissioner Fraud Division, WV Medicaid Fraud Control Unit, Office of Ohio Attorney General Health Care Fraud, Ohio Bureau of Workers’ Compensation, the Hancock-Brook-Weirton Drug Task Force, a HIDTA-funded initiative, the Greater Harrison County Drug Task Force, a HIDTA-funded initiative, West Virginia State Police, the Hancock County Sheriff’s Office, and the Weirton Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.Vermont Man Sentenced to 57 Months for Attempting to Meet a Minor for SexRead the Press Release
ALBANY, NEW YORK –John Curley, age 48, of Chester, Vermont, was sentenced today to 57 months in prison for attempting to meet a 12-year-old girl for sex.
The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Curley admitted that he used an internet-based social networking service to solicit sex from someone he thought was a 12-year-old girl, but who was actually a police investigator acting in an undercover capacity. Curley was arrested in a parking lot in Fort Ann, New York, where Curley believed he was going to meet the 12-year-old girl for sex.
United States District Judge Mae A. D’Agostino also imposed a 20-year term of supervised release, which will start after Curley is released from prison. As a result of his conviction, Curley will be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and was prosecuted by Assistant U.S. Attorney Ashlyn Miranda.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Valliant Man Sentenced to 18 Months for Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John David Sanders, age 41, of Valliant, Oklahoma, was sentenced to 18 months’ imprisonment, and 5 years of supervised release for Failure To Register As Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3). The charges arose from an investigation by the Texas Department of Public Safety, the McCurtain County Sheriff’s Office, and the United States Marshals Service.
The Indictment alleged that from in or about March 2019, until about July 16, 2019, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act (“SORNA”), as a result of a conviction for Indecency with a Child, traveled in interstate and foreign commerce and knowingly failed to register and update his registration as required by SORNA.
Sex offender registration and notification programs are important for public safety purposes. Sex offender registration is a system for monitoring and tracking sex offenders following their release into the community. The registration provides important information about convicted sex offenders to local and federal authorities and the public, such as offender's name, current location and past offenses.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States.U.S. Attorney Christina Nolan Welcomes Congress’ Action to Reauthorize Ban on Deadly Fentanyl AnaloguesRead the Press Release
This week Congress passed a bill reauthorizing the temporary ban on deadly fentanyl analogues until May 6, 2021. Before passage of the bill, DEA’s temporary scheduling of fentanyl analogues was set to expire on February 6, 2020. The bill—S. 3201, Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act—extends the ban for another 15 months, which will allow for additional study on the potential permanent scheduling of all fentanyl analogues. In the near term, it allows prosecutors to continue to bring cases against those involved in the distribution of these lethal substances. The U.S. Attorney community across the country, including U.S. Attorney Nolan, advocated for passage of this bill in recently-published op-ed articles.
U.S. Attorney Nolan praised the passage of the bill, calling it “an essential step in saving lives and keeping fentanyl analogues — some of the most lethal narcotics in existence — out of Vermont communities.” She added: “Law enforcement encounters with fentanyl analogues fell by fifty percent in the wake of DEA’s temporary ban. The congressional extension of the prohibition will reduce the presence of fentanyl analogues in the country and give prosecutors a critical tool to break up drug trafficking organizations and bring consequences to for-profit dealers. We thank our U.S. Attorney colleagues in New England for joining our office in supporting the legislation and we continue to hope for a permanent ban on these lethal drugs.”
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