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22 January 2020
Idaho Man Sentenced for Guiding Without a License in Noatak Preserve and Filing False Hunting DocumentsRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that an Idaho man was sentenced for multiple Lacey Act violations by unlawfully providing guided bear and moose hunts in the Noatak National Preserve.
Paul Silvis, 52, of Nampa, Idaho, was sentenced today by U.S. District Judge Sharon L. Gleason to serve six months of home confinement, followed by five years of supervised release. In addition to the sentence, Silvis was ordered to pay a $20,000 fine, and ordered not to hunt in Alaska for the remainder of his lifetime. In October 2019, Silvis pleaded guilty to two felony counts of Lacey Act violations.
According to court documents, from 2009 to 2016, Silvis, a resident of Idaho, repeatedly violated state and federal law by unlawfully providing guided bear and moose hunts in the Noatak National Preserve. Silvis was motivated by pecuniary gain, as he acquired approximately $121,500 by unlawfully selling and providing guide services, which resulted in the unlawful taking of seven brown bear and one moose.
Specifically, on Sept. 5, and Sept. 12, 2014, as well as Sept. 25, 2013, within the Noatak National Preserve, Silvas knowingly guided illegal hunts for other residents of Idaho that did not possess the appropriate permits. The investigation revealed that Silvis advertised his unlicensed guiding services under the name “Orion Outfitters,” he transported illegally taken game across state lines, and submitted false business records to the Alaska Department of Fish and Game (ADF&G) in order to conceal the illegal take of brown bears and illegally guided hunts.
In order to lawfully hunt brown bears within the Noatak National Preserve, a non-resident hunter would be required to have contracted with a licensed big game guide, possess the appropriate ADF&G draw permits as well as purchasing the appropriate big game tags. Once the permit is obtained, hunters are required to accurately report to ADF&G the big game animals hunted or killed. Silvis was neither a licensed big game guide, nor did he, or any of his clients, possess the appropriate big game tags.
The National Park Service (NPS) and the Alaska Wildlife Troopers (AWT) conducted the investigation leading to successful prosecution of this case. This case was prosecuted by Deputy Criminal Chief Steven E. Skrocki and Assistant U.S. Attorney Jonas M. Walker for the U.S. Attorney’s Office, District of Alaska.
Head of human smuggling ring sentenced to 10 years in prisonRead the Press Release
McALLEN, Texas – The 41-year-old female leader of an alien smuggling organization has been ordered to prison in a conspiracy to transport undocumented aliens and for illegally re-entering the country, announced U.S. Attorney Ryan K. Patrick.
Brenda Yadira Gamez-Castaneda aka Guera La Trailera, of Mexico, pleaded guilty Oct. 8, 2019.
Today, U.S. District Judge Micaela Alvarez handed Gamez-Castaneda a 120- month term of imprisonment for the conspiracy. She also received 24 months for illegal re-entry to run concurrently for a total of 10 years. Not a U.S. citizen, she is expected to face removal proceedings following her incarceration.
The court enhanced her sentence, finding she obstructed or impeded the administration of justice. Gamez-Castaneda had destroyed evidence, demanded others to do the same and instructed a co-defendant on what to say to authorities. She also attempted to flee from the country after realizing she was a target of the investigation.
While imposing the sentence, Judge Alvarez noted Gamez-Castaneda was the leader or organizer of a criminal activity that involved five or more participants or that was otherwise extensive and at least two alien smuggling cells.
Beginning on approximately May 17, 2019, Roberto Flores-Brewster utilized his property in Donna known as “the Brewster Compound” to harbor and transport undocumented aliens with Adolfo Medina-Cervantez. Flores-Brewster then transported the aliens to Gamez-Castaneda. From there, she and Silber Vazquez-Mireles would transport the undocumented aliens to additional stash houses and hotel locations where other members of the criminal enterprise would harbor them. The aliens remained there while Gamez-Castaneda coordinated with tractor trailer drivers to smuggle them beyond the South Texas Border Patrol (BP) checkpoints.
Gamez-Castaneda was found responsible for smuggling at least 25 undocumented aliens. At least one of them was an accompanied minor, while another had been involuntarily detained. Another alien was held by coercion, threat or in connection with a demand for payment. The court also noted that she had utilized a 10-year old child to assist in the alien smuggling conspiracy at a hotel where undocumented aliens, including an unaccompanied juvenile, were being harbored.
On Oct. 9, 2019, Vazquez-Mireles, 32, of Mexico, was ordered to serve 40 months in federal prison for his role in the smuggling ring. At the time of his sentencing, Vazquez-Mireles also received an enhancement for obstruction of justice. The court found he had placed jail calls during which he informed Gamez-Castaneda, then unindicted, to destroy evidence related to the conspiracy.
Flores-Brewster, 60, and Medina-Cervantez, 29, are set for sentencing before U.S. District Judge Alvarez March 25.
Gamez-Castaneda has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and BP conducted the investigation. Assistant U.S. Attorney Matthew Redavid prosecuted the case.
Hazard Man Sentenced to 115 Months for Possession of a Firearm by Convicted Felon and Bank RobberyRead the Press Release
LONDON, Ky. - Robert Dale Terry, 53, of Hazard, Kentucky, was sentenced to 115 months in federal prison on Wednesday, for possession of a firearm by a convicted felon in furtherance of taking money by force, violence, and intimidation, by U.S. District Judge Robert E. Weir.
According to Terry’s plea agreement, he admitted that, on May 21, 2018, he entered the Hyden Citizen’s Bank in Leslie County and gave a teller a note that instructed employees to fill a green money bag and that “know {sic} one would get hurt.” Terry admitted to stealing $16,080 from the bank. After Terry left the bank, several dye packs exploded; he spent the unaffected money and burnt the affected money.
On June 22, 2018, Terry also admitted to entering the First National Bank of Manchester, in Clay County, and presenting another handwritten note that directed bank employees to fill a money bag and that “know {sic} one will get hurt.” The Defendant stole $3,340 from the second bank. Terry also admitted to knowing that he was prohibited from possessing a firearm, based on his prior felony convictions.
Terry pleaded guilty to the charges in July 2019. Terry was previously convicted in Perry County Circuit Court of possession and trafficking of a controlled substance, for which he was sentenced to five years in prison.
Under federal law, Terry must serve 85 percent of their prison sentences and will be under the supervision of the U.S. Probation Office for three years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation, jointly announced the sentences.
The investigation was conducted by the FBI. The U.S. Attorney’s Office was represented by Assistant U.S. Attorneys Jenna E. Reed and Rajbir Datta.
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Harwich Man Sentenced for Unlawful Firearms Possession and Drug OffensesRead the Press Release
BOSTON – A Harwich man was sentenced today in federal court in Boston for firearms and drug offenses.
Timothy Fletcher, 36, was sentenced by U.S. District Court Judge Richard G. Stearns to 168 months in prison and three years of supervised release. In July 2018, Fletcher was convicted by a federal jury of one count of possession of cocaine base with intent to distribute, one count of possession of cocaine with intent to distribute and one count of being a felon in possession of a firearm and ammunition - a Tisas, Model Regent .45 caliber semi-automatic pistol, 58 rounds of .45 caliber ammunition and 60 rounds of 9mm ammunition.
On April 3, 2015, police executed a search warrant at a storage unit in Hyannis where they recovered, among other items, firearms, 124 rounds of ammunition, crack cocaine, powder cocaine, $1420 in cash, drug paraphernalia, two digital scales, boxes of plastic sandwich baggies, approximately 223 pairs of sneakers and various documents containing Fletcher’s name. The firearms, firearm magazines, some of the drugs and the cash were hidden inside various sneakers and sneaker boxes. In addition, Fletcher’s fingerprints were recovered from a magazine found inside a sneaker box with the .45 caliber semi-automatic pistol.
The night before the warrant was executed, Fletcher was stopped by the police and found to be in possession of the key to the storage facility and unit.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Barnstable Police Chief Matthew Sonnabend; and Yarmouth Police Chief Frank Frederickson made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Lelling’s Major Crimes Unit prosecuted the case.
Hartford Man Sentenced to 51 Months in Prison for Role in Gang-Related Drug RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DANNIE DARLING, 32, of Hartford, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 51 months of imprisonment, followed by three years of supervised release, for distributing heroin and fentanyl.
According to court documents and statements made in court, this matter stems from an investigation conducted by the FBI’s Northern Connecticut Violent Crimes Task Force and Hartford Police Department’s Vice and Narcotics Division into the trafficking of narcotics and associated violence in Hartford’s South End by members and associates of the Almighty Latin Kings Nation (“Latin Kings”). The investigation, which included court-authorized wiretaps, physical surveillance and controlled purchases of narcotics, revealed that two alleged members of the Latin Kings operated separate drug trafficking organizations that distributed fentanyl, heroin, cocaine and crack cocaine. The organizations used multiple locations to process, package, store and distribute narcotics, and possessed firearms in furtherance of their drug trafficking activities.
Nelson Ferry, also known as “300,” led one of the drug trafficking organizations and operated a “trap house” at 149 Wethersfield Avenue in Hartford as a distribution point for drug customers. Darling, who is Ferry’s brother-in-law, purchased distribution quantities of fentanyl/heroin from Ferry and, at times, delivered narcotics to another member of the organization.
On May 22, 2018, a member of Ferry’s organization was shot and seriously wounded in an apparent robbery of the Wethersfield Avenue trap house. After the shooting, intercepted communications revealed that Ferry solicited Darling to locate and likely harm the shooter. In order to prevent violence, investigators followed Ferry, sent uniformed police officers into targeted areas, and stopped Darling in his vehicle to identify him.
Darling has been detained since his arrest on June 19, 2018. On September 9, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, heroin and fentanyl.
Darling’s criminal history includes multiple convictions and he previously served a 78-month sentence in state custody.
Ferry has pleaded guilty and awaits sentencing.
This matter is being investigated by the FBI’s Northern Connecticut Violent Crimes Gang Task Force and the Hartford Police Department. The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Division and Shooting Task Force have provided valuable assistance to the investigation.
The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Hartford Man Sentenced to 2 Years in Federal Prison for Illegal Gun PossessionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that LLERALD CARRASQUILLO, 28, of Hartford, was sentenced yesterday by U.S. District Judge Kari A. Dooley in Bridgeport to 24 months of imprisonment, followed by three years of supervised release, for illegal possession of a firearm and ammunition.
According to court documents and statements made in court, in early 2019, law enforcement learned that an individual who was addicted to opioids had traded firearms with Carrasquillo in exchange for fentanyl and heroin. In May and June 2019, investigators made two controlled purchases of fentanyl from Carrasquillo at his Hartford residence. On July 10, 2019, a court-authorized search of the residence revealed a quantity of fentanyl, two 9mm handguns and ammunition. One of the handguns was lawfully registered to Carrasquillo’s wife, but Carrasquillo has admitted that he had received the other handgun from the addicted individual in exchange for fentanyl.
Carrasquillo’s criminal history includes two felony convictions for possession with intent to distribute narcotics. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On October 29, 2019, Carrasquillo pleaded guilty to one count of possession of a firearm and ammunition by a convicted felon.
Carrasquillo, who is released on a $10,000 bond, is required to report to prison on March 23, 2020.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with the assistance of the U.S. Postal Inspection Service, Connecticut State Police and Windsor Police Department. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
This prosecution 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 neighborhoods safer for everyone.
Hartford Man Pleads Guilty to Federal Narcotics Distribution and Firearm Possession OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that DYZHAE RICHARDSON, 23, of Hartford, pleaded guilty yesterday before U.S. District Judge Janet Bond Arterton in New Haven to narcotics distribution and firearm possession offenses.
According to court documents and statements made in court, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Violent Crimes Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. During the investigation, investigators made two controlled purchases of heroin/fentanyl from Richardson in August and September 2019.
Richardson was arrested on September 13, 2019. On that date, a court-authorized search of his residence revealed a loaded Taurus G2C 9mm handgun, additional loose rounds of 9mm ammunition, approximately 100 wax folds of heroin, a quantity of crack cocaine and approximately $2,500 in cash. A search of Richardson’s person also revealed approximately $1,000 in cash.
Richardson has been detained since his arrest.
Richardson’s criminal history includes felony convictions for narcotics and weapon offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Richardson pleaded guilty to one count of possession with intent to distribute heroin, fentanyl and cocaine base (“crack”), which carries a maximum term of imprisonment of 20 years, and one count possession of a firearm by a previously convicted felon, which carries a maximum term of imprisonment of 10 years.
Judge Arterton scheduled sentencing for April 14, 2020.
The FBI’s Northern Connecticut Violent Crimes Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson as 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 neighborhoods safer for everyone.
Hancock Man Pleads Guilty to Possessing Fentanyl with Intent to DistributeRead the Press Release
Bangor, Maine: A Hancock man pleaded guilty yesterday in federal court in Bangor to possessing with the intent to distribute 40 grams or more of a substance containing fentanyl, United States Attorney Halsey B. Frank announced.
According to court records, on February 13, 2019, law enforcement officers encountered William Smeal, 33, in Ellsworth, Maine. A bag containing over 100 grams of a substance containing fentanyl was seized from his car. Smeal admitted to purchasing drugs in Massachusetts that day. A search of Smeal’s home and an additional search of his car resulted in the seizure of more than another 100 grams of a substance containing of fentanyl.
Smeal faces between five years and 40 years in prison and up to a $5,000,000 fine. He also faces between four years and a lifetime of supervised release.
The Maine Drug Enforcement Agency and the FBI investigated the case.
The prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Forces (OCDETF) Program, a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Hammond Man Pleads Guilty to Violations of Federal Gun Control Act and Conspiracy to Distribute Substances Containing MethamphetamineRead the Press Release
NEW ORLEANS - United States Attorney Peter G. Strasser announced today that defendant LARRY GREEN (“GREEN”), age 37, of Hammond, LA, pled guilty on January 21, 2020 to (Count 1) possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924(c)(1)(A) and (Count 2) conspiracy to distribute and possess with intent to distribute a substance containing a detectable amount of methamphetamine, in violation of Title 21, United States Code, Section 846.
According to court documents, between February 2019 and April 2019 GREEN distributed approximately 644 grams of a mixture or substance containing a detectable amount of methamphetamine. On Valentine’s Day 2019, GREEN possessed a firearm in furtherance of one of the illegal narcotics transactions.
The court set sentencing in this matter for April 21, 2020. For Count 1, GREEN faces a maximum term of imprisonment of life and a $250,000 fine. Any term of imprisonment imposed for Count 1 is to be served consecutively to any other term of imprisonment. For Count 2, GREEN faces a maximum term of imprisonment of (20) twenty years and a $1,000,000 fine. For Count 1, GREEN faces up to (5) five years supervised release following any term of imprisonment and a $100 special assessment fee. For Count 2, GREEN faces at least (3) three years supervised release following any term of imprisonment, and a $100 special assessment fee.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This matter was handled by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Duane A. Evans is prosecuting the matter.
Former Regional Sales Director for Insys Therapeutics Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former Regional Sales Director for Insys Therapeutics was sentenced today in federal court in Boston for bribing practitioners to prescribe Subsys, a fentanyl-based pain medication, often when medically unnecessary.
Sunrise Lee, 38, of Bryant City, MI, was sentenced by U.S. District Court Judge Allison D. Burroughs to 1 year and 1 day in prison, three years of supervised release, restitution to be determined at a later date and ordered to forfeit the proceeds of the offense (the exact amount to be determined at a later date). The government recommended a sentence of 72 months in prison.
In May 2019, Lee was convicted by a federal jury of racketeering conspiracy along with four other Insys executives.
Subsys, a drug owned and manufactured by Insys Therapeutics, Inc., is a fentanyl-based, rapid-onset opioid approved to treat cancer patients suffering intense breakthrough pain. From May 2012 to December 2015, Lee and her co-defendants conspired to bribe practitioners, many of whom operated pain clinics, in order to induce them to prescribe Subsys to patients, often when medically unnecessary. They also conspired to mislead and defraud health insurance providers who were reluctant to approve payment for the expensive drug when it was prescribed for patients without cancer. Medicare would not approve payment for the drug unless the patient was being treated for breakthrough cancer pain.
Lee joined Insys as a District Sales Director, excelling at recruiting and cultivating high prescribers of Insys, including a pain management physician in Michigan and another physician outside Chicago. The prescribers bribed by Lee became some of the most prolific prescribers of the drug. Lee obtained agreements from the doctors to write significant quantities of Subsys prescriptions, and prescriptions in increasing dosages, in exchange for participation in the Insys speaker program, a vehicle used to pay kickbacks. Lee was promoted to Regional Sales Director in 2013. In that capacity, she was responsible for managing nearly a third of the company’s sales force.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Phillip Coyne, Special Agent in Charge of the U.S Department of Health and Human Services, Office of the Inspector General; Judy McMeekin, Pharm.D. Acting Associate Commissioner for Regulatory Affairs of the U.S. Food and Drug; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division; Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office; Jeffrey K. Stachowiak, Acting Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General; and Thomas W. South, Deputy Assistant Inspector General for Investigations of the Office of Personnel Management made the announcement.
Assistant U.S. Attorneys K. Nathaniel Yeager, Fred M. Wyshak and David G. Lazarus prosecuted the case for Lelling’s Health Care Fraud Unit.
Former Police Detective and FBI Task Force Officer Indicted for Bribery and Other OffensesRead the Press Release
A veteran detective for the Carlisle, Pennsylvania Police Department, who was also a task force officer with the FBI and a member of the Cumberland County Drug Task Force, was indicted by a federal grand jury for bribery, drug distribution, fraud and making false statements.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, First Assistant U.S. Attorney Bruce D. Brandler of the Middle District of Pennsylvania, Special Agent in Charge Guido Modano of the Department of Justice Office of the Inspector General’s New York Field Office and Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Field Office made the announcement.
The indictment alleges that Christopher Collare, 52, of Blythewood, South Carolina, used his official position to obtain sex from two women in exchange for agreeing to take actions in prosecutions. In 2015, Collare allegedly agreed to accept sex or money in exchange for not appearing at an evidentiary hearing so that a criminal charge would be dismissed. In 2018, Collare allegedly agreed to accept sexual favors in exchange for taking steps to help reduce a potential sentence.
The indictment also alleges that Collare distributed heroin in 2016. The indictment alleges that between 2011 and 2018 he defrauded the Borough of Carlisle and the Cumberland County Drug Task Force by providing confidential informants with drugs and allowing informants to retain drugs that they had obtained during controlled buys.
The indictment further alleges that Collare lied on a federal form he completed during the process of becoming an FBI task force officer and that he made multiple false statements in an interview with federal agents in May 2018.
The FBI and the U.S. Department of Justice Office of the Inspector General investigated the case. Trial Attorney James I. Pearce of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Carlo D. Marchioli and Phillip J. Caraballo are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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.
Former Cruise Line Call Center Rep Pleads Guilty to Threatening CustomerRead the Press Release
WICHITA, KAN. – A former cruise line service representative pleaded guilty today to threatening a customer over the phone, U.S. Attorney Stephen McAllister said.
Allison C. Dixon, 32, Wichita, Kan. pleaded guilty to one count of transmitting a threatening communication. Dixon worked for Celebrity Cruise Line as a customer service representative in a call center in Wichita. In April 2018, she took a call from a Celebrity customer in Illinois who became dissatisfied with her service and hung up on her. About three minutes later, Dixon called the customer back. Dixon told the customer she knew where the customer lived and she intended to come to Illinois and kill the customer and the customer’s family.
Sentencing is set for April 10. She could face a sentence of up to five years in federal prison and a fine up to $250,000. McAllister commended the FBI and Assistant U.S. Attorney Lanny Welch for their work on the case.
Former Carlisle Police Detective and FBI Task Force Officer Indicted for Bribery and Other OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Michael Harpster of the FBI’s Philadelphia Field Office, and Special Agent in Charge Guido Modano of the Department of Justice Office of the Inspector General’s New York Field Office announced that Christopher Collare, age 52, currently a resident of Blythewood, South Carolina, was indicted by a federal grand jury for bribery, drug distribution, fraud, and making false statements.
The indictment alleges that Collare, who was a veteran detective for the Carlisle Police Department, a task force officer with the Federal Bureau of Investigation (FBI), and a member of the Cumberland County Drug Task Force, used his official position to obtain sex from two women in exchange for agreeing to take actions in prosecutions. In 2015, Collare allegedly agreed to accept sex or money in exchange for not appearing at an evidentiary hearing so that a criminal charge would be dismissed. In 2018, Collare allegedly agreed to accept sexual favors in exchange for taking steps to help reduce a potential sentence.
The indictment also alleges that Collare distributed heroin in 2016, and that he defrauded the Borough of Carlisle and the Cumberland County Drug Task Force between 2011 and 2018 by providing confidential informants with drugs and allowing informants to retain drugs that they had obtained during controlled buys.
The indictment further alleges that Collare lied on a federal form he completed during the process of becoming an FBI task force officer, and that he made multiple false statements in an interview with federal agents in May 2018.
First Assistant U.S. Attorney Bruce D. Brandler was designated United States Attorney for this case because United States Attorney David J. Freed recused himself. Mr. Freed was previously the District Attorney for Cumberland County and worked with Collare.
The case was investigated by the FBI and the U.S. Department of Justice Office of the Inspector General. Assistant U.S. Attorneys Carlo D. Marchioli and Phillip J. Caraballo and Trial Attorney James I. Pearce of the Criminal Division’s Public Integrity Section are prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law ranges from 10 years to 20 years on the bribery-related counts, 20 years on the drug distribution count, 20 years on each of the fraud-related counts, and 5 years on each of the false statement counts. There is also a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Former CEO of Insys Therapeutics Sentenced for Racketeering SchemeRead the Press Release
BOSTON – The former CEO and President of Insys Therapeutics was sentenced today in federal court in Boston for bribing practitioners to prescribe Subsys, a fentanyl-based pain medication, often when medically unnecessary.
Michael Babich, 43, of Scottsdale, Ariz., was sentenced to 30 months in prison, three years of supervised release, and ordered to pay restitution and forfeiture to be determined at a later date. In January 2019, Babich pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud and one count of mail fraud, and agreed to cooperate with the government.
From May 2012 to December 2015, Babich along with the founder of Insys Therapeutics, John Kapoor, and others conspired to bribe practitioners, many of whom operated pain clinics, in order to induce them to prescribe Insys’ fentanyl-based pain medication, Subsys, to patients often when medically unnecessary. Subsys is a powerful, rapid-onset opioid intended to treat cancer patients suffering intense breakthrough pain.
Babich and others used pharmacy data to identify practitioners who either prescribed unusually high volumes of rapid-onset opioids, or had demonstrated a capacity to do so, and bribed and provided kickbacks to the practitioners to increase the number of new Subsys prescriptions, and to increase the dosage and number of units of Subsys. Babich and his co-conspirators also measured the success by comparing the net revenue earned from targeted practitioners with the total value of bribes and kickbacks paid. The defendants used this information to reduce or eliminate bribes paid to practitioners who failed to meet satisfactory prescribing requirements.
Babich, who was called by the government as a witness at the trials of Kapoor and his co-defendants, testified over the course of five days. During his testimony, Babich described the inner workings of the conspiracy in detail. The trial resulted in the conviction of Kapoor; as well as the company’s Vice President of Managed Markets, Michael Gurry; the company’s National Director of Sales, Richard Simon; and two of the company’s Regional Sales Directors, Joseph Rowan and Sunrise Lee.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Phillip Coyne, Special Agent in Charge of the U.S Department of Health and Human Services, Office of the Inspector General; Judy McMeekin, Pharm.D. Acting Associate Commissioner for Regulatory Affairs of the U.S. Food and Drug; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, Northeast Field Office; Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division; Matthew Modafferi, Special Agent in Charge of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office; Jeffrey K. Stachowiak, Acting Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General; and Thomas W. South, Deputy Assistant Inspector General for Investigations of the Office of Personnel Management made the announcement.
Assistant U.S. Attorneys K. Nathaniel Yeager, Fred M. Wyshak and David G. Lazarus prosecuted the case for Lelling’s Health Care Fraud Unit.
Former Border Patrol Agent Sentenced to 80 Months for Distribution, Receipt and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Keith E. Hook, age 55, of Oswego, New York, was sentenced yesterday to 80 months in prison for distributing, receiving and possessing child pornography, announced United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
United States Attorney Grant C. Jaquith said, “It is a sad day when a federal agent violates his duty to protect society in such a profound way. Thanks to the hard work of our law enforcement partners, Border Patrol Agent Hook has been held accountable for trading child pornography while on duty, and his sentence reflects the reprehensible nature of his behavior.”
As part of his guilty plea, Hook admitted that he used the Kik Messenger application to distribute and receive child pornography from other Kik users between January 2018 and July 2018. Hook, using his iPod Touch, traded images of child pornography using a Wifi connection both at his home and while on duty at the Oswego Port of Entry. Forensic analysis of Hook’s iPod revealed that at the time of his arrest he possessed on his iPod 138 images and 4 video files depicting minors engaged in sexually explicit conduct. In addition to those images, Hook also had 10 video files and over 200 image files saved in his iCloud storage account and another 3 images stored on his laptop computer. The images and videos included depictions of the rape and sodomy of prepubescent children and toddlers.
United States District Judge Hon. David N. Hurd also imposed a 10-year term of supervised release, which will start after Hook is released from prison, ordered a $300 special assessment, and a payment of $9,000 in restitution to the victims. As a result of his conviction, Hook will be required to register as a sex offender upon his release from prison.
Hook’s case was investigated by Homeland Security Investigations (HSI) Syracuse, with assistance from the U.S. Department of Homeland Security-Office of Inspector General, U.S. Customs and Border Protection-Office of Professional Responsibility, The New York State Police Computer Crimes Unit, and NYSP Fulton. The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Former Baltimore Delegate Pleads Guilty to Federal Honest Services Wire Fraud and Bribery Charges for Official Actions Taken on Legislation Related to Medical Marijuana, Opioid Therapy Clinics, and Liquor LicensesRead the Press Release
Baltimore Maryland – Former Maryland State Delegate Cheryl Diane Glenn, age 68, of Baltimore, Maryland, pleaded guilty today to federal honest services wire fraud and bribery charges.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
“As a public official, Cheryl Glenn’s duty was to place the interests of the public above her own. Instead, she accepted more than $33,000 in bribes in exchange for official actions,” said U.S. Attorney Robert K. Hur. “We trust our elected officials to make decisions in the best interests of the public, not to use their positions of authority to line their own pockets. The U.S. Attorney’s Office and the FBI will hold accountable those who betray the public trust for their own greed.”
“Elected officials owe the public their honest services,” said Special Agent in Charge Jennifer Boone. “They should be making decisions and taking action based on what is in the best interest of their constituency, not their pocketbook. The FBI is dedicated to rooting out public corruption so that the citizens we serve can feel secure that their officials are serving them, not the highest bidder.”
According to her plea agreement, until her resignation on December 18, 2019, Glenn was a Maryland State Delegate representing District 45, which covered portions of Baltimore. During her tenure, Glenn served as the Chair of the Banking, Consumer Protection, and Commercial Law Subcommittee of the Economic Matters Committee; the Vice Chair of the Rules and Executive Nominations Committee; and the Chair of the Baltimore City Delegation, among other roles.
As detailed in her plea agreement, from at least March 4, 2018 through February 11, 2019, Glenn defrauded the citizens of Maryland of the right to her honest services by soliciting and accepting bribes in exchange for her official actions. Specifically, Glenn accepted $33,750 in bribes from an associate in exchange for voting in favor of a bill to increase the number of medical marijuana grower and processing licenses that were available to an out-of-state company; promising to lead the effort to change the law in order to provide a preference for Maryland residency to in-state medical marijuana license applicants; introducing legislation that decreased the number of years of experience required to be a medical director of an opioid maintenance therapy clinic; and introducing legislation that created a class B alcohol and liquor license in District 45.
Glenn admitted that after a meeting on March 5, 2018 with an associate and two businesspersons, she agreed to use her position as a state legislator to vote for a bill which could favor Company 1 in its pursuit of a medical marijuana license, in exchange for $3,000 in cash, which would be used to pay an outstanding tax bill on her residence. Glenn subsequently voted for the bill after its Third Reading on March 8, 2018, and again on April 7, 2018, after amendments from the Senate. The bill passed and on April 20, 2018, the associate provided Glenn with $3,000 in cash during a meeting at a restaurant in Baltimore County.
According to the plea agreement, on June 7, 2018, Glenn and her associate met with another businessperson at a restaurant in Baltimore to discuss medical marijuana licenses. During the conversation, Glenn told the businessperson that people had asked her how a medical marijuana company had been awarded a medical marijuana growing license without having any high-priced lobbyists. Glenn responded, “…they know God and Cheryl Glenn.” A few weeks later, Glenn followed up with the associate to see if the businessperson was “lookin’ for [Glenn] to help him or something?” The associate confirmed that the businessperson did want Glenn’s help and Glenn asked “…is he going to be makin’ a donation or something?” On August 10, 2018, the associate told Glenn that the businessperson had offered the associate $10,000 to get Maryland law changed so that local businesses would be given priority for medical marijuana licenses. The associate offered to split the $10,000 with Glenn, who agreed to introduce legislation to get the law changed in exchange for a payment of $5,000. In order to get the businessperson to make the $10,000 payment, Glenn subsequently sent the associate an e-mail pledging to take the lead in the effort to get the law changed so that Maryland residents received a preference for medical marijuana licenses. On August 23, 2018, the associate gave Glenn $5,000 in cash during a meeting at a Baltimore restaurant.
Further, Glenn admitted that on October 18, 2018, she pre-filed legislation to reduce the required experience for medical directors at opioid maintenance therapy clinics in order to receive another $5,000 payment from the businessperson. The payment was provided on October 22, 2018, and Glenn subsequently introduced the bill on January 9, 2019. Glenn also agreed to introduce legislation to obtain a liquor license for a restaurant that the businessperson wanted to open in Glenn’s district, in exchange for $20,000, with the initial payment of $5,000 to be made up front and the remaining $15,000 payment when the legislation was introduced. As stated in the plea agreement, Glenn received the $5,000 payment on December 10, 2018. On January 28, 2019, Glenn introduced the bill to obtain the liquor license and on February 11, 2019, received a bribe payment of $15,000.
Glenn took steps to conceal her illegal activities, including: agreeing not to deposit bribe payments in her bank account; agreeing to meet in person to discuss the details of bribes rather than discussing them over the phone; and creating a false loan note for the $15,000 bribe payment, falsely stating that the money was a gift and was in no way connected to her position as a State Delegate. On at least two occasions, Glenn texted an associate who was providing the bribe payments on behalf of the businesses and falsely advised the associate that the bribe payments were short a total of $750, which the associate subsequently provided to Glenn.
Glenn faces a maximum sentence of 20 years in federal prison for honest services wire fraud and five years in federal prison for the bribery charge. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. U.S. District Judge Catherine C. Blake has scheduled sentencing for May 8, 2020, at 9:30 a.m.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Derek E. Hines and Leo J. Wise, who are prosecuting the case.
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Felon sentenced for transporting cocaineRead the Press Release
LAREDO, Texas – A 49-year-old man has been ordered to federal prison following his conviction of importing a large quantity of cocaine into the United States via Laredo, announced U.S. Attorney Ryan K. Patrick.
Willie Earl Rucker Jr., of Memphis, Tennessee, pleaded guilty Aug. 6, 2019, to importing 500 grams or more of cocaine and conspiracy to do so.
Today, U.S. District Judge Marina Garcia Marmolejo ordered Rucker to serve 72 months in federal prison to be followed by four years of supervised release. In handing down the sentence, the court cited Rucker’s extensive criminal record, which included prior felony convictions for possession with intent to distribute cocaine, sale of cocaine and assault with intent to commit robbery with a deadly weapon. The court also noted that Rucker admitted he had transported drugs From Mexico on three prior occasions and had been working for a drug trafficking organization for a year.
On May 12, 2019, Rucker attempted to enter the United States at the Lincoln-Juarez Bridge #1 in Laredo. After a positive K-9 alert and an x-ray examination, authorities located six bundles of cocaine concealed within his vehicle’s battery. The cocaine weighed 3.421 kilograms and was valued at more than $80,000.
Rucker admitted that he planned to transport the drugs from Nuevo Laredo, Mexico, to his residence in Memphis. He expected to receive approximately 30 pounds of marijuana as payment for the job.
He was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Jennifer Day prosecuted the case.
Federal Jury Convicts Deltona Man of Theft of Government FundsRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Bobby Morlen (54, Deltona) guilty of two counts of theft of government funds. Morlen faces a maximum penalty of 10 years in federal prison on each count. His sentencing hearing is scheduled for April 8, 2020.
Morlen had been indicted on September 11, 2019.
According to evidence presented at trial, Morlen’s mother was receiving benefits from the Social Security Administration (SSA) and the U.S. Department of Veterans Affairs (VA). She died on August 18, 2014. The death of Morlen’s mother was not reported to the SSA or the VA, and the agencies continued to make benefit payments into her bank account. Morlen was a joint account holder on the account into which his mother’s benefits were being deposited. He used the funds deposited by the SSA and the VA after her death for his own personal expenses.
The total loss the SSA and the VA in this case is approximately $140,670.
This case was investigated by the Social Security Administration Office of the Inspector General and the Department of Veterans Affairs Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Suzanne Huyler.
Eastern Panhandle man indicted on sex offender chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Dustin A. Parsons, of Kearneysville, West Virginia, was indicted today on a sex offender registry violation, U.S. Attorney Bill Powell announced.
Parsons, age 33, is charged with one count of “Failure to Register.” Parsons is required to register as a sex offender after a sex offense conviction. Parson is accused of traveling from one state to another without registering and updating his sex offender registration from July to September 2019 in Berkeley County and elsewhere.
Parsons faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Jeffrey A. Finucane is prosecuting the case on behalf of the government. The United States Marshal Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Eastern Connecticut Drug Trafficker Guilty of Cocaine, Heroin and Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that CARLOS DELGADO, also known as “Los,” 50, of Mansfield, has been convicted of drug trafficking and firearm possession offenses.
According to the evidence presented during a trial before U.S. District Judge Janet C. Hall in New Haven, in 2018, law enforcement began investigating an eastern Connecticut drug trafficking organization headed by Delgado. The investigation revealed that Delgado was having kilogram quantities of cocaine shipped through the U.S. Mail from Puerto Rico to various locations in eastern Connecticut. He and his associates distributed the drugs, and mailed cash proceeds from narcotics sales back to individuals in Puerto Rico. During the investigation, investigators seized two packages containing $26,860 and $9,900 in cash, respectively, that Delgado had mailed to addresses in Puerto Rico.
Delgado was arrested on a federal criminal complaint on July 9, 2018. On that date, a search of Delgado residence, vehicle and a third location revealed more than one kilogram of heroin, four firearms, narcotics packaging materials, and approximately $74,000 in cash.
Delgado has been detained since his arrest.
On January 21, 2021, the jury found Delgado guilty of one count of conspiracy to distribute, and to possess with intent to distribute, five kilograms or more of cocaine; and one count of possession with intent to distribute one kilogram or more of heroin. The jury found Delgado not guilty of one count of possession of a firearm in furtherance of a drug trafficking crime.
Today, the jury found Delgado guilty of one count of possession of firearms by a previously convicted felon.
Judge Hall scheduled sentencing for April 16, 2020, at which time Delgado faces a mandatory minimum term of imprisonment of 10 years and a maximum term of life in prison.
This matter is being investigated by the Drug Enforcement Administration’s Hartford Task Force, Connecticut State Police, Willimantic Police Department, U.S. Postal Inspection Service and Bureau of Alcohol, Tobacco, Firearms, and Explosives. The DEA Task Force includes participants from the Bristol, East Hartford, Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Willimantic and Windsor Locks Police Departments, and the Food and Drug Administration.
This case is being prosecuted by Assistant U.S. Attorneys Natasha M. Freismuth and Patrick F. Caruso.
Domestic Abuse Lands Humboldt County Man in Federal Prison for Firearm OffenseRead the Press Release
A convicted felon who unlawfully possessed a gun was sentenced January 3, 2020, to 21 months in federal prison.
Matthew Fowler, age 32, from Bradgate, IA, received the prison term after an August 20, 2019, guilty plea to one count of possession of a firearm by a felon. Fowler was previously convicted of leaving the scene of an accident where death resulted in Iowa.
Evidence produced during the change of plea and sentencing hearings revealed on or about February 20, 2019, when Fowler’s wife threatened to leave him, Fowler reacted by physically pushing and choking his wife, eventually pushing her outside into the snow. He held the gun to his head and threatened to kill himself if she left. He also, locked his wife outside of the home separating her from himself and the couple’s infant child.
It was in responding to this domestic disturbance that law enforcement discovered Fowler was a felon and unlawfully in possession of a gun.
Fowler was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Fowler was sentenced to 21 months’ imprisonment. Henry must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Fowler is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Humboldt County Sheriff’s Office and prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-3022.
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Department of Justice Joins Federal Law Enforcement Training Centers for Human Trafficking RoundtableRead the Press Release
The Department of Justice today joined the Federal Law Enforcement Training Centers (FLETC) and federal and local law enforcement officials at a roundtable to discuss the challenges posed by human traffickers. The meeting was held following the launch of FLETC’s Human Trafficking Awareness Training last week.
Bill Woolf, Senior Advisor for Human Trafficking in the Department of Justice’s Office of Justice Programs (OJP), participated in the event along with Tania Groover, Assistant U.S. Attorney and Human Trafficking Coordinator for the Southern District of Georgia, and Kai Munshi, FLETC’s Chief of Security and Professional Responsibility.
“Human trafficking is a sophisticated and obscenely profitable global enterprise, and combating it demands the full coordination of law enforcement agencies at all levels,” said OJP’s Woolf. “The Department of Justice is very pleased and proud to lend its support to the brave men and women here in southeastern Georgia — and throughout the country — who pursue trafficking perpetrators and bring aid to trafficking victims.”
The roundtable convened law enforcement leaders from Glynn County and the City of Brunswick, as well as officials from the enforcement units of the Department of Justice and the Department of Homeland Security. They and their counterparts from across the nation are among the first to take part in FLETC’s human trafficking training program. The training was piloted in May and is now part of the permanent training catalog.
“Human trafficking is modern-day slavery, subjecting individuals to involuntary servitude for the profit of others,” said U.S. Attorney Bobby L. Christine of the Southern District of Georgia. “Building awareness of these fast-growing criminal enterprises will help in the fight to eradicate human trafficking, and our office will vigorously prosecute those who would illegally exploit victims of this despicable trade.”
“Educating our first responders about human trafficking is a shared responsibility, and FLETC is committed to doing its part,” said FLETC Director Thomas J. Walters.
Woolf and Munshi also took part in an event organized by the Georgia Human Trafficking Initiative titled “Prisoners of Darkness.” The program brought together about 400 advocates and concerned citizens from the Golden Isles region to raise awareness of human trafficking. Prosecutions led by the Southern District of Georgia’s Human Trafficking Task Force, spearheaded by the U.S. Attorney’s Office, have freed at least 39 human trafficking victims.
In November 2019, Department of Justice officials, including Principal Deputy Associate Attorney General Claire Murray and OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan, joined Georgia First Lady Marty Kemp in announcing $4.3 million in grants to help officials in Georgia investigate and prosecute human traffickers and serve trafficking survivors. The Department of Justice, through OJP, awarded more than $100 million in fiscal year 2019 grants to agencies and organizations across the United States to combat human trafficking and provide vital services to victims. More funding is available this year, including up to $13.5 million to provide housing for human trafficking survivors.
About the Office of Justice Programs:
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
About the Federal Law Enforcement Training Centers:
FLETC trains the majority of federal law enforcement officers and agents in the United States. In addition to providing training for over 90 federal partner organizations, FLETC provides training to state, local, tribal and international police in advanced programs. FLETC graduates approximately 70,000 students annually and is the largest law enforcement training organization in the country. To learn more about FLETC, visit www.fletc.gov.
Delaware U.S. Attorney's Office and ICE Recover Fourth - and Most Rare - Stolen Christopher Columbus Letter on Behalf of the Government of ItalyRead the Press Release
WILMINGTON, Del. — Today, and for the fourth time since 2016, U.S. Attorney David C. Weiss and U.S. Immigration and Customs Enforcement (ICE) announce that they have recovered a more than 500-year-old copy of Christopher Columbus’ letter describing his discoveries in the Americas to the Government of Italy. This announcement follows a court filing in the District of Delaware, which ordered the return of this historic document to the Biblioteca Nazionale Marciana in Venice, Italy. This letter, commonly known as a Plannck I edition (“Columbus Letter-Plannck I”), is exceptionally rare because this first edition only mentions the King of Spain, while the second edition, commonly known as Plannck II, acknowledges both the King and Queen of Spain. This Columbus Letter-Plannck I is valued in excess of $1,300,000.
Following a lengthy investigation by ICE’s Homeland Security Investigations, the U.S. Attorney’s Office for the District of Delaware, and the Italian Carabinieri Command for Protection of Cultural Heritage, investigators determined that, sometime in or around 1875, the Biblioteca Nazionale Marciana in Venice, Italy acquired a copy of the Columbus Letter-Plannck I, described above. At an unknown time between 1985 and 1988, the Columbus Letter-Plannck I was stolen from the Biblioteca Nazionale Marciana.
Unlike prior recovered Columbus letters, this Columbus Letter-Plannck I was not replaced with a forgery, but instead was missing from the Biblioteca Nazionale Marciana for decades. The investigation determined that, in May 2003, a collector acting in good faith unknowingly purchased the Biblioteca Nazionale Marciana’s Columbus Letter-Plannck I letter from a rare book dealer in the United States.
In 2019, following negotiations between the U.S. Attorney’s Office and representatives for the individual in possession of the letter, the parties agreed to permit Dr. Paul Needham from Princeton University to inspect the Columbus Letter-Plannck I, along with important evidence provided by the Biblioteca Nazionale Marciana. Dr. Needham’s inspection ultimately assisted investigators in determining that the Columbus Letter-Plannck I was, in fact, the stolen letter that belonged to the Biblioteca Nazionale Marciana. Accordingly, the individual in possession of the Columbus Letter-Plannck I voluntarily agreed to relinquish title and interest in the letter.
U.S. Attorney Weiss stated that, “We continue to be thankful for our strong law enforcement partnership with the Government of Italy to combat cross-border crimes that bring stolen cultural property into the United States for sale. This recovery is an excellent example of international law enforcement collaboration resulting in the return of world treasurers to their rightful owners. I commend the efforts of those involved in this case, including Dr. Needham for his expertise in this field.”
“Culturally significant artifacts are assigned a monetary value in the world's marketplaces in which they are traded,” said William Walker, Acting Special Agent in Charge of HSI Philadelphia. “But the cultural and symbolic worth of these objects far surpasses any given dollar value to the nations to whom they rightfully belong. HSI is pleased that today's court action is a positive step toward returning this five-century old Christopher Columbus letter to the people of Italy.”
The case is being investigated by Special Agent Mark Olexa and Investigator Mario Coppola, HSI and is being prosecuted by Assistant U.S. Attorney Jamie M. McCall for the District of Delaware.
Council Bluffs Resident Sentenced for Distributing MethamphetamineRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced that on January 21, 2020, Omar A. Martinez, age 46, was sentenced to 300 months in prison by Chief Judge John A. Jarvey for Conspiracy to Distribute at least 500 Grams or More of a Controlled Substance. Martinz will serve ten years of supervised release following his release from prison.
The sentencing was the result of a lengthy investigation by Iowa Division of Narcotics Enforcement and the Federal Bureau of Investigation Safe Streets Task Force into methamphetamine trafficking in Western Iowa and the Omaha Metro Area. The investigation revealed that methamphetamine was being brought from Mexico into the Omaha, Nebraska, area and then transported to various location in Nebraska and Western Iowa for distribution.
The following were sentenced as part of this investigation, and received the following years in prison: Bernave Navarrete,twenty years; Joseph Brown, ten years; Chris Rouse, twenty years; Jackie Thielen, ten years; Brandy Kumpula, eight years; Chase Richard, fifteen years; Jessica Snavely, ten years; Colby Dunn, eight years; Laura Rausch Anderson, five years; Manda May Rowell, five years; and, William LaBenz, five years.
This case was investigated by Iowa Division of Narcotics Enforcement, Federal Bureau of Investigation’s Safe Streets Task Force, Omaha Police Department, Southwest Iowa Narcotics Task Force, Council Bluffs Police Department, Harlan, Iowa Police Department, and the Shelby County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Convicted smuggler sentenced again after admitting he sexually abused womanRead the Press Release
LAREDO, Texas – A Mexican national and convicted felon has been ordered to federal prison, again, after violating the terms of his supervised release, announced U.S. Attorney Ryan K. Patrick.
On Feb. 23, 2016, Jose Arrecis-Andrade, 28, was sentenced to federal prison for alien smuggling and given a three-year-term of supervised release. He was removed from the country in 2017. However, authorities found him in the United States illegally in September 2018. At that time, he was arrested on charges of aggravated sexual assault, illegally re-entering the country and for violating his supervise release. He pleaded guilty to the illegal re-entry charge March 1, 2019.
Today, Arrecis-Andrade admitted he committed the sexual assault, thereby violating the terms of his federal supervised release.
At the hearing, U.S. District Judge Marina Garcia Marmolejo then sentenced him to 27 months for the illegal re-entry conviction. The court also revoked his supervised release and ordered he serve an additional 24 months in prison. The sentences will run consecutively for a total 51-month-term of imprisonment. Not a U.S. citizen, he again expected to face removal proceedings following his incarceration.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and Laredo Police Department conducted the investigations. Assistant U.S. Attorneys Jennifer Day and David Fawcett prosecuted the case.
Convicted Massachusetts Felon Sentenced on Firearm ChargeRead the Press Release
PROVIDENCE – A convicted felon from Boston who is prohibited by law from possessing ammunition because of previous felony convictions was sentenced today to 36 months in federal prison for being in possession of ammunition he purchased from a Woonsocket federally licensed firearms dealer, in a Project Guardian case brought by the United States Attorney’s Office.
Charlie D. Vick, 30, of Everett, Mass., pleaded guilty on May 15, 2019, to being a felon in possession of ammunition, admitting to the Court that he and Gabriel A. Rosario, 23, of Chelsea, Mass., traveled from Boston to a Woonsocket firearms dealer with the intent of buying ammunition, aware that Rhode Island state law does not require a background check for ammunition purchases, unlike Massachusetts.
Vick admitted to the Court that once inside the store he asked the store manager for assistance with ammunition. The manager accompanied Vick to an area of the store away from a countertop where a .22 caliber firearm was displayed. While Vick and the manager were away from the counter area, Rosario took the .22 caliber firearm from the countertop, placed it in his waistband, and left the store.
After Rosario left the store, the store manager and Vick returned to the counter area. Vick knowingly illegally purchased three boxes of ammunition. Vick left the store and he and Rosario drove away from the area.
A Bureau of Alcohol, Tobacco, Firearms (ATF) and Explosives investigation determined that within a few days the stolen firearm was sold on the streets of Boston.
To obtain assistance from the public in identifying the two men responsible for the theft of the firearm, ATF offered a $1,500 reward leading to the identification of one or both of the men. At least two individuals contacted the Woonsocket Police Department and identified Charlie Vick as one of the two men depicted in surveillance camera photos publicized by law enforcement.
At sentencing today, U.S. District Court Judge William E. Smith sentenced Vick to 36 months incarceration to be followed by 3 years supervised release, announced United States Attorney Aaron L. Weisman, Special Agent in Charge of the Boston Field Division of ATF Kelly D. Brady, and Woonsocket Police Chief Thomas Oates.
Gabriel A. Rosario, 23, of Chelsea, Mass., pleaded guilty on March 7, 2019, to theft of a firearm from a licensed firearm dealer. He is scheduled to be sentenced on January 30, 2020.
The cases are being prosecuted by Assistant U.S. Attorney Milind M. Shah.
United States Attorney Aaron L. Weisman, Special Agent in Charge of the Boston Field Division of ATF Kelly D. Brady, and Woonsocket Police Thomas Oates thank the United States Marshals Service and the Chelsea, Mass., Police Department for their assistance in the investigation and arrest of Vick and Rosario.
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.
The United States Attorney’s Office has prosecuted this case with support from the following Project Guardian partners: Bureau of Alcohol, Tobacco, Firearms, and Explosives; Woonsocket Police Department; United States Marshals Service; and the Chelsea, Mass., Police Department.
For more information about Project Guardian, please see https://www.justice.gov/projectguardian
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Convicted Felon in Possession of a Firearm During Domestic Violence Incident Sentenced to 10 Years in Federal PrisonRead the Press Release
Memphis, TN – Richard Mukes, 33, of Memphis has been sentenced to 10 years in federal prison for being a convicted felon in possession of a firearm. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on October 5, 2018, Memphis Police officers responded to a domestic violence call on Browning Avenue. The victim advised police that when she tried to end her relationship with her boyfriend, Richard Mukes, he became angry and began making threats towards her. The victim was at home with her mother, niece and nephews at the time. The victim further advised Mukes came to her front door to retrieve his belongings around two o'clock in the morning. When she refused to let him in, he became extremely irate and began beating on the door. Mukes drew a firearm and fired four shots in the air before leaving the residence.
Officers searched the area for Mukes and observed him walking northbound on Pendleton away from the residence. The officers could see Mukes holding a black handgun and gave verbal commands to drop the weapon. Mukes began to flee on foot and then threw the gun on the ground on Pendleton. After a brief chase, officers captured Mukes and the firearm, a loaded Taurus 9mm pistol, was recovered.
Mukes has prior violent felony convictions for aggravated robbery and aggravated assault, and as a result, was prohibited from possessing a firearm pursuant to 18 U.S.C. 922(g)(1).
On January 16, 2020, U.S. District Court Judge Mark S. Norris sentenced Mukes to the maximum statutory penalty, 120 months in federal prison, followed by 2 years supervised release.
U.S. Attorney D. Michael Dunavant said, "The presence of a firearm during a crime of domestic violence dramatically increases the chances that the victim or other family members in the household, including children, will be fatally shot. Under our PSN initiative, we focus on removing firearms from the hands of prohibited persons, and removing dangerous felons from our streets. Clearly, this recidivist had no hesitation in committing a violent domestic crime with a firearm, and he will now be removed from the community for 10 years. We are FED UP. Gun Crime is Max Time."
The Memphis Police Department, Project Safe Neighborhoods (PSN) Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated this case.
Assistant U.S. Attorney Raney Irwin prosecuted this case on behalf of the government.
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Columbia County Man Sentenced to 18 Years in Connection with Two Overdose DeathsRead the Press Release
ALBANY, NEW YORK – Jacob Ebel, age 32, of Niverville, New York, was sentenced today to 18 years in prison after admitting that he distributed heroin and fentanyl to two people who died in Columbia County in July 2016.
The announcement was made by United States Attorney Grant C. Jaquith; Special Agent in Charge Ray Donovan, New York Division, U.S. Drug Enforcement Administration (DEA); New York State Police Superintendent Keith M. Corlett; and Columbia County Sheriff David P. Bartlett.
United States District Judge Mae A. D’Agostino imposed the 18-year term of imprisonment that the Government and Ebel jointly recommended to her when he pled guilty on September 11, 2019. Ebel will also serve a 3-year term of supervised release. In imposing sentence, Judge D’Agostino told Ebel, “You are forever intertwined with the senseless, tragic deaths of two people who were loved by their families.”
In pleading guilty, Ebel admitted to selling heroin, fentanyl and other controlled substances, from 2014 through July 26, 2016, in Columbia County.
Ebel admitted to dealing heroin and fentanyl first to a man identified as S.B., who overdosed on July 3, 2016 and died five days later, and then to a woman identified as S.S., who overdosed and died on July 23, 2016.
S.B., age 29, overdosed and was found unconscious in Niverville on July 3, 2016, less than a mile from Ebel’s house. A State Police investigation established that prior to the overdose, S.B. had had extensive text message communications with Ebel, and that Ebel had sold heroin and fentanyl to S.B. at about 2:15 p.m. on July 3, 2016, several hours before S.B. was found unresponsive. Inside S.B.’s vehicle, State Police located a folded, yellow sticky note with heroin and fentanyl, and “4-0” written on the outside – the amount of money that S.B. told the defendant he had in the text message conversations.
Ebel and S.B. were friends. Ebel knew that S.B. had died, but he kept dealing heroin and fentanyl.
On the morning of July 23, 2016, the Columbia County Sheriff’s Office (CCSO) responded to a house in Stuyvesant, New York, and found S.S. dead. Investigators found three folded sticky notes in a small plastic bag on her bed; the notes contained heroin and fentanyl. The CCSO investigation established that Ebel had sold heroin and fentanyl to S.S.’s husband in the days prior to S.S.’s death, and that S.S., age 19, had taken these drugs and died.
Law enforcement executed a search warrant on Ebel’s house in the early morning hours of July 26, 2016. Investigators seized about 16 grams of heroin and fentanyl that Ebel intended to sell. Ebel was arrested that day and has been in custody ever since.
This case was the result of a joint investigation conducted by the New York State Police-Troop K and Columbia County Sheriff’s Office, with assistance from the U.S. Drug Enforcement Administration (DEA) and the office of Columbia County District Attorney Paul Czajka. The case was prosecuted by Assistant U.S. Attorney Michael Barnett.
Charleston Man Pleads Guilty to Role in Federal Meth ConspiracyRead the Press Release
HUNTINGTON, W.Va. – A Charleston man pled guilty today in federal court for his role in a conspiracy that involved large quantities of methamphetamine which were transported from Akron and sold in West Virginia, announced United States Attorney Mike Stuart. Brad Acy Holley, 39, pled guilty to conspiracy to distribute 500 grams or more of methamphetamine.
“Holley was responsible for distributing up to 5 kilos of meth in our communities,” said United States Attorney Mike Stuart. “He and his co-conspirators were bringing in tremendous amounts of meth from Akron and peddling it throughout the District. We owe a debt of gratitude to our law enforcement partners that shuttered this drug trafficking organization.”
Holley admitted that between the Fall of 2018, and September of 2019, he participated in a conspiracy with multiple individuals to distribute methamphetamine in the Southern District of West Virginia. During the conspiracy, Holley pooled money with another individual to obtain large quantities of methamphetamine which he and the other individual would then distribute. Holley also began obtaining methamphetamine himself which was transported from Akron and sold in multiple cities in West Virginia including Huntington and Charleston. Holley admitted that he was supplied methamphetamine on a regular basis and that he was aware some of the customers to whom he distributed methamphetamine intended to further distribute the drug across the district. As part of his plea, Holley admitted that he was responsible for distributing up to 5 kilograms of methamphetamine during the conspiracy.
Holley faces 10 years to life in prison when sentenced on April 27, 2020.
This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
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California Woman Pleads Guilty in College Admissions CaseRead the Press Release
BOSTON – A California woman pleaded guilty today in federal court in Boston in connection with paying $9,000 to have an individual take online classes for her son, in order to earn credits to facilitate his graduation from Georgetown University.
Karen Littlefair, 57, of Newport Beach, Calif., pleaded guilty to one count of conspiracy to commit wire fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for May 13, 2020.
Littlefair agreed with William “Rick” Singer and others to pay approximately $9,000 to have an employee of Singer’s for-profit college counseling business, The Edge College & Career Network (“The Key”), take online classes in place of Littlefair’s son and submit those fraudulently earned credits to Georgetown to facilitate his graduation. The Key employee allegedly completed four classes for Littlefair’s son at Georgetown and elsewhere, and in exchange, Littlefair paid Singer’s company approximately $9,000. Littlefair’s son graduated from Georgetown, using the credits earned by the Key employee, in May 2018.
Singer previously pleaded guilty and is cooperating with the government’s investigation.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit wire fraud carries a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000. According to the terms of the plea agreement, the government will recommend a sentence of four months in prison, one year of supervised release, a fine of $9,500 and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the cases.
The details contained in the court documents are allegations and the remaining defendants are presumed not guilty unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to fentanyl distribution.
Anthony Smallwood, 29, pleaded guilty to four counts of distribution and possession with intent to distribute 40 grams or more of fentanyl. U.S. District Court Judge Richard G. Stearns scheduled sentencing for May 27, 2020. Smallwood was previously charged by criminal complaint and arrested on May 22, 2019.
According to court records, between March and May 2019, Smallwood engaged in four separate drug sales of fentanyl to a witness cooperating with the government. These sales totaled over 230 grams of fentanyl.
The charges of distribution of, and possession with intent to distribute more than 40 grams of fentanyl, each carry a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Boston Police Commissioner William Gross made the announcement today. Valuable assistance was provided by members of the Organized Crime Drug Enforcement Task Force Strike Force. Assistant U.S. Attorney Stephen W. Hassink of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case
Braking Point Recovery Center Owner Sentenced to 7 1/2 Years in Prison for Health Care Fraud and Drug CrimesRead the Press Release
Ryan P. Sheridan, 39, the owner and operator of Braking Point Recovery Center, which operated in the Youngstown and Columbus areas, was sentenced to 7 ½ years in prison for crimes related to a health care fraud conspiracy where Medicaid was billed $48 million for drug and alcohol recovery services, much of which were not provided, not medically necessary, lacked proper documentation, or had other issues that made them ineligible for reimbursement.
Sheridan was also ordered to pay $24,479,939 in restitution. He pleaded guilty last October to one count of conspiracy to commit health care fraud, seven counts of health care fraud, one count of conspiracy to distribute Suboxone, twenty-two counts of use of another’s registration number of another to obtain controlled substances, one count of operating a drug premises, and twenty-eight counts of money laundering.
On January 21, 2020, co-defendants Dr. Thomas Bailey and Dr. Arthur Smith were sentenced to 2 years of probation with 6 months of community service and a $5,000 fine. Co-defendant Lisa Pertee was sentenced to 1 year of probation with 60 days of community service, and order to pay $2,200 in special assessments.
According to court documents:
Ryan Sheridan was the sole owner of Braking Point Recovery Center, which operated drug and alcohol rehabilitation centers in Austintown and Whitehall, Ohio, that provided detox, intensive outpatient treatment, day treatment and residential living rehabilitation.
Sheridan also owned and operated numerous other businesses, including Breaking Point Health and Fitness LLC and Braking Point Recovery Housing LLC, which owned recovery houses (or “sober houses”) for individuals attempting to maintain abstinence from drugs and alcohol.
As part of being a certified provider, Sheridan agreed to follow the rules and regulations of the Ohio Medicaid Program and the Ohio Department of Mental Health and Addiction Services.
Between January 2015 and October 18, 2017, Sheridan and various other defendants submitted or caused to be submitted billings to Medicaid for drug and alcohol services that were: coded to reflect a service more costly than was actually provided; without proper documentation; without proper assessment documents containing valid diagnosis; billings for patients whose records did not contain diagnosis by a physician; related to treatment at unlicensed inpatient beds; billings related to dispensing of Suboxone, even though the treating physician did not have the authority to do so; for case management services when, in fact, the clients were working out at Sheridan’s gym; billings based on quotas provided to the nurses by the defendants to bill four to five hours of treatment daily, even if the services were not medically necessary; billing for in-patient detox and drug treatment services that were, in fact, provided in an out-patient setting, among other violations.
Braking Point submitted approximately 134,744 claims to Medicaid for more than $48.5 million in services it claimed to provide between May 2015 and October 2017. The claims caused Medicaid to pay Braking Point more than $31 million. Medicaid suspended payments to Braking Point on October 18, 2017.
Sheridan and other defendants developed a standard protocol of distributing the same amount of Suboxone to every patient seeking drug treatment immediately upon entering Braking Point’s detox program without being evaluated by a properly licensed physician to determine the medical necessity for the use of Suboxone. Sheridan had the treating physician use another physician’s DEA data waiver license to dispense more than 3,000 doses of Suboxone in 2017 alone without the data waiver physician having seen the patients.
Sheridan also made numerous financial transactions in excess of $6 million, involving money derived from these unlawful activities, including health care fraud and conspiracy to commit health care fraud. As such, Sheridan was ordered to forfeit property and proceeds obtained as a result of these crimes, including nearly $3 million, property in Columbiana, Mahoning and Trumbull counties, and eight automobiles, including replicas of vehicles used in the movies “Back to the Future,” “Ghostbusters,” and “Batman.”
“These defendants stole tens of millions of dollars from taxpayers through fraudulent billing and other crimes,” U.S. Attorney Justin Herdman said. “They used the drug epidemic plaguing Ohio as a way to line their pockets and profited off the suffering of others.”
“That beacon of hope for the addicted turned out to be a bonfire of our tax dollars. Heartless,” Ohio Attorney General Dave Yost said.
“Regardless of position, title, status, or degree, no one is above the law,” said DEA Special Agent in Charge Keith Martin. “DEA will continue to work with U.S. Attorney Herdman’s office to bring those who blatantly violate drug dispensing laws to justice.”
“Ryan Sheridan and his co-conspirators deserve the sentences handed down in federal court for their fraudulent and deceptive criminal behavior,” stated FBI Special Agent in Charge Eric Smith. “These individuals preyed on a healthcare system that is in place to help those in need and not to be used as an ATM to cipher millions of dollars from the taxpayers for their own pleasures.”
“These sentences send a clear message that those who choose to exploit Medicaid for illegal personal gain will pay the price for those criminal acts. Taking advantage of a program set up to assist low-income people and the disabled will not be tolerated,” said Lamont Pugh III, Special Agent in Charge of the Chicago Region for the U.S. Department of Health and Human Services, Office of Inspector General. “The OIG will work tirelessly with our law enforcement partners to combat fraud in the health care system and protect vital tax payer dollars.”
“Ryan Sheridan’s actions put our health care system at risk for his own personal gain which in unfathomable,” IRS Criminal Investigation SAC Bryant Jackson said. “Not only is Ryan Sheridan going to jail, but the government has seized a portion of the illegal proceeds through asset forfeiture which is one of the government's most powerful weapons in combating crimes of this magnitude. IRS criminal investigation followed the flow of money in this case in order to uncover the fraud and we are proud to work with our law enforcement partners to investigate health care fraud schemes.”
This case was prosecuted by Assistant United States Attorneys Mark S. Bennett and Jason M. Katz, and Special Assistant United States Attorney Jonathan Metzler following an investigation by the Department of Health and Human Services -- Office of the Inspector General, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service, and the Ohio Attorney General’s Medicare Fraud and Corruption Unit.
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Attorney General William P. Barr Announces the Establishment of the Presidential Commission on Law Enforcement and the Administration of JusticeRead the Press Release
Today, Attorney General William P. Barr announced the establishment of the Presidential Commission on Law Enforcement and the Administration of Justice. On Oct. 28, 2019, President Donald J. Trump signed Executive Order No. 13896, authorizing and designating the Attorney General to create such a Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.
“There is no more noble and important profession than law enforcement. A free and safe society requires a trusted and capable police force to safeguard our rights to life and liberty,” said Attorney General William P. Barr. “But as criminal threats and social conditions have changed the responsibilities and roles of police officers, there is a need for a modern study of how law enforcement can best protect and serve American communities. This is why the President instructed me to establish this critical Commission, whose members truly reflect the best there is in law enforcement. Together, we will examine, discuss, and debate how justice is administered in the United States and uncover opportunities for progress, improvement, and innovation.”
The Executive Order instructs the Commission to conduct its study by focusing on the law enforcement officers who are tasked with reducing crime on a daily basis. It also directs the Commission to research “important current issues facing law enforcement and the criminal justice system,” and recommends a variety of subjects for study, such as, but not limited to:
- The challenges to law enforcement associated with mental illness, homelessness, substance abuse, and other social factors that influence crime and strain criminal justice resources;
- The recruitment, hiring, training, and retention of law enforcement officers, including in rural and tribal communities;
- Refusals by State and local prosecutors to enforce laws or prosecute categories of crimes;
- The need to promote public confidence and respect for the law and law enforcement officers; and
- The effects of technological innovations on law enforcement and the criminal justice system, including the challenges and opportunities presented by such innovations.
The Commission will principally conduct its study through a series of hearings, panel presentations, field visits, and other public meetings. At these events, the Commission will hear from subject matter experts, public officials, private citizens, and other relevant stakeholders and institutions who can provide valuable insight into these issues.
The Commissioners, appointed by the Attorney General and announced today, are urban police chiefs, state prosecutors, county sheriffs, members of rural law enforcement, federal agents, U.S. Attorneys, and a state attorney general. In addition to their diverse experiences and backgrounds, each member brings to the Commission an expertise in formulating and shaping law enforcement policy and leading police departments and law enforcement organizations.
Commissioners on the Presidential Commission on Law Enforcement and the Administration of Justice include:
- Chair: Phil Keith, Director, Community Oriented Policing Services
- Vice-Chair: Katharine Sullivan, Principal Deputy Assistant Attorney General, Office of Justice Programs
- David Bowdich, Deputy Director, Federal Bureau of Investigation
- Donald Washington, Director, United States Marshals Services
- Regina Lombardo, Acting Director, Bureau of Alcohol, Tobacco, Firearms & Explosives
- Erica Macdonald, United States Attorney, District Of Minnesota
- D. Christopher Evans, Chief of Operations, Drug Enforcement Administration
- James Clemmons, Sheriff, Richmond County, North Carolina
- Frederick Frazier, City Council, McKinney, Texas/ Police Officer, Dallas Police Department
- Robert Gualtieri, Sheriff, Pinellas County, Florida
- Gina Hawkins, Chief of Police, Fayetteville, North Carolina
- Ashley Moody, Florida Attorney General
- Nancy Parr, Commonwealth’s Attorney, Chesapeake, Virginia
- Craig Price, South Dakota Secretary of Public Safety
- Gordon Ramsay, Chief of Police, Wichita, Kansas
- David B. Rausch, Director, Tennessee Bureau of Investigation
- John Samaniego, Sheriff, Shelby County, Alabama
- James Smallwood, Police Officer, Nashville Metropolitan Police Department
The Commission will meet monthly for the next year and then report its findings to the Attorney General, who will submit a final report to the President.
Attorney General William P. Barr Announces the Establishment of the Presidential Commission on Law Enforcement and the Administration of JusticeRead the Press Release
Today, Attorney General William P. Barr announced the establishment of the Presidential Commission on Law Enforcement and the Administration of Justice. On Oct. 28, 2019, President Donald J. Trump signed Executive Order No. 13896, authorizing and designating the Attorney General to create such a Commission that would explore modern issues affecting law enforcement that most impact the ability of American policing to reduce crime.
“There is no more noble and important profession than law enforcement. A free and safe society requires a trusted and capable police force to safeguard our rights to life and liberty,” said Attorney General William P. Barr. “But as criminal threats and social conditions have changed the responsibilities and roles of police officers, there is a need for a modern study of how law enforcement can best protect and serve American communities. This is why the President instructed me to establish this critical Commission, whose members truly reflect the best there is in law enforcement. Together, we will examine, discuss, and debate how justice is administered in the United States and uncover opportunities for progress, improvement, and innovation.
“This commission is relevant to my district because Oklahomans champion the rule of law and respect law enforcement. The commission will review and address the needs of those on the front lines of public safety. The Attorney General has challenged the commission to think boldly and to consider diverse perspectives and approaches to the administration of justice throughout America,” said U.S. Attorney Trent Shores. “I believe this commission will prove crucial to the identification of resources needed by law enforcement to perform their job at the highest level. Moreover, I hope to see the commission address the physical and mental health needs of officers. The spate of officer suicides is troubling and must be discussed to ensure the provision of resources to meet the need.”
The Executive Order instructs the Commission to conduct its study by focusing on the law enforcement officers who are tasked with reducing crime on a daily basis. It also directs the Commission to research “important current issues facing law enforcement and the criminal justice system,” and recommends a variety of subjects for study, such as, but not limited to:
- The challenges to law enforcement associated with mental illness, homelessness, substance abuse, and other social factors that influence crime and strain criminal justice resources;
- The recruitment, hiring, training, and retention of law enforcement officers, including in rural and tribal communities;
- Refusals by State and local prosecutors to enforce laws or prosecute categories of crimes;
- The need to promote public confidence and respect for the law and law enforcement officers; and
- The effects of technological innovations on law enforcement and the criminal justice system, including the challenges and opportunities presented by such innovations.
The Commission will principally conduct its study through a series of hearings, panel presentations, field visits, and other public meetings. At these events, the Commission will hear from subject matter experts, public officials, private citizens, and other relevant stakeholders and institutions who can provide valuable insight into these issues.
The Commissioners, appointed by the Attorney General and announced today, are urban police chiefs, state prosecutors, county sheriffs, members of rural law enforcement, federal agents, U.S. Attorneys, and a state attorney general. In addition to their diverse experiences and backgrounds, each member brings to the Commission an expertise in formulating and shaping law enforcement policy and leading police departments and law enforcement organizations.
Commissioners on the Presidential Commission on Law Enforcement and the Administration of Justice include:
- Chair: Phil Keith, Director, Community Oriented Policing Services
- Vice-Chair: Katharine Sullivan, Acting Director, Office of Justice Programs
- David Bowdich, Deputy Director, Federal Bureau of Investigation
- Donald Washington, Director, United States Marshals Services
- Regina Lombardo, Acting Director, Bureau of Alcohol, Tobacco, Firearms & Explosives
- Erica Macdonald, United States Attorney, District Of Minnesota
- D. Christopher Evans, Chief of Operations, Drug Enforcement Administration
- James Clemmons, Sheriff, Richmond County, North Carolina
- Frederick Frazier, City Council, McKinney, Texas/ Police Officer, Dallas Police Department
- Robert Gualtieri, Sheriff, Pinellas County, Florida
- Gina Hawkins, Chief of Police, Fayetteville, North Carolina
- Ashley Moody, Florida Attorney General
- Nancy Parr, Commonwealth’s Attorney, Chesapeake, Virginia
- Craig Price, South Dakota Secretary of Public Safety
- Gordon Ramsay, Chief of Police, Wichita, Kansas
- David B. Rausch, Director, Tennessee Bureau of Investigation
- John Samaniego, Sheriff, Shelby County, Alabama
- James Smallwood, Police Officer, Nashville Metropolitan Police Department
The Commission will meet monthly for the next year and then report its findings to the Attorney General, who will submit a final report to the President.
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
"Joe Exotic" Sentenced to 22 Years for Murder-For-Hire and for Violating the Lacey Act and Endangered Species ActRead the Press Release
OKLAHOMA CITY – JOSEPH MALDONADO-PASSAGE, also known as Joseph Allen Maldonado, Joseph Allen Schreibvogel, and "Joe Exotic," 56, formerly of Wynnewood, Oklahoma, has been sentenced to 22 years in prison after a federal jury convicted him of two counts of murder-for-hire, eight counts of violating the Lacey Act for falsifying wildlife records, and nine counts of violating the Endangered Species Act, announced U.S. Attorney Timothy J. Downing.
"We are thankful for the Court’s thoughtful consideration of the gravity of this murder-for-hire scheme, as well as the defendant’s egregious wildlife crimes in imposing a 22-year sentence," said U.S. Attorney Downing. "This sentence is the result of countless hours of detailed investigative work by the U.S. Fish and Wildlife Service and the Federal Bureau of Investigation."
"Wildlife crime is often connected with other criminal activity such as fraud, narcotics, money-laundering and smuggling. Mr. Maldonado-Passage added murder-for-hire," said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. "The Service along with our partners will continue to bring to justice those involved in wildlife trafficking and other assorted crimes. The successful outcome of this investigation is the result of working jointly with the U. S. Attorney's Office, Western District of Oklahoma, Federal Bureau of Investigation and the Oklahoma Department of Wildlife Conservation to ensure the protection of a federally protected species."
"Today's sentencing of Joseph Maldonado-Passage should serve as a reminder that the FBI and our law enforcement partners will not tolerate those who orchestrate murder-for-hire or violate U.S. wildlife laws," said Special Agent in Charge Melissa Godbold of the FBI's Oklahoma City Field Office. "The FBI would like to thank our partners for their efforts on this joint investigation."
On September 5, 2018, a federal grand jury returned an indictment that accused Maldonado-Passage of hiring an unnamed person in November 2017 to murder "Jane Doe" in Florida and also hiring a person who turned out to be an undercover FBI agent to commit that murder. A superseding indictment handed down on November 7, 2018, further alleged Maldonado-Passage falsified forms involving the sale of wildlife in interstate commerce, killed five tigers in October 2017 to make room for cage space for other big cats, and sold and offered to sell tiger cubs in interstate commerce. Because tigers are an endangered species, these alleged killings and sales violated the Endangered Species Act.
During a trial that began on March 25, a jury heard evidence that Maldonado-Passage gave Allen Glover $3,000 to travel from Oklahoma to South Carolina and then to Florida to murder Carole Baskin, with a promise to pay thousands more after the deed. Baskin, a critic of Maldonado-Passage’s animal park, owns a tiger sanctuary in Florida and had secured a million-dollar judgment against Maldonado-Passage.
The evidence further showed that beginning in July 2016, Maldonado-Passage repeatedly sought someone to murder Baskin in exchange for money, which led to his meeting with an undercover FBI agent on December 8, 2017. The jury heard a recording of his meeting with the agent to discuss details of the planned murder.
In addition to the murder-for-hire counts, the trial included evidence of violations of the Lacey Act, which makes it a crime to falsify records of wildlife transactions in interstate commerce. According to these counts, Maldonado-Passage designated on delivery forms and Certificates of Veterinary Inspection that tigers, lions, and a baby lemur were being donated to the recipient or transported for exhibition only, when he knew they were being sold in interstate commerce.
Finally, the jury heard evidence that Maldonado-Passage personally shot and killed five tigers in October 2017, without a veterinarian present and in violation of the Endangered Species Act.
After only a few hours of deliberation, the jury returned guilty verdicts on both murder-for-hire counts, eight Lacey Act counts, and nine Endangered Species Act counts.
On January 22, 2020, U.S. District Judge Scott L. Palk sentenced Maldonado-Passage to 264 months in federal prison. That sentence includes (1) 108 months on each of the two murder-for-hire counts to run consecutively to each other, (2) 12 months on each of the Endangered Species Act violations to run concurrently to each other and to all other counts, and (3) 48 months on each of the Lacey Act violations to run concurrently with each other but consecutive to the two murder-for-hire counts. Judge Palk also ordered Maldonado-Passage to spend three years of supervised release upon release from prison. In announcing the sentence, the Court noted the seriousness of Maldonado-Passage’s conduct and his reluctance to accept responsibility.
This case is the result of an investigation by the U.S. Fish and Wildlife Service Office of Law Enforcement, the Federal Bureau of Investigation, and the Oklahoma Department of Wildlife Conservation, with assistance from the U.S. Marshals Service. Assistant U.S. Attorneys Amanda Green and Charles W. Brown prosecuted the case.
Reference is made to court filings for further information.
21 January 2020
“Pill Mill” Doctor Pleads Guilty to Opioid Distribution, Admits Signing Prescriptions for Dead and Jailed PatientsRead the Press Release
Assistant U. S. Attorneys Larry Casper (619) 546-6734 and Victor White (619) 546-8439
NEWS RELEASE SUMMARY – January 21, 2020
SAN DIEGO – Egisto Salerno, a medical doctor practicing in San Diego, pleaded guilty to opioid distribution in federal court today, admitting that he signed bogus prescriptions for multiple deceased or incarcerated patients.
According to his plea agreement, Salerno, 75, illegally distributed 78,544 hydrocodone pills. Hydrocodone is an opioid pain medication commonly known as Norco or Vicodin. Salerno admitted that his prescriptions for the 10 mg tablets were outside the usual course of his medical practice and were without a legitimate medical purpose.
“We will continue to zealously pursue doctors who write opioid or other prescriptions that are plainly outside their professional practice and without a legitimate medical purpose,” said U.S. Attorney Robert Brewer. “Even a medical degree does not put one above the law.” Brewer praised prosecutors Larry Casper and Victor White and DEA agents for their commitment to achieving justice in this case.
“Because of pill mills operated by doctors like Egisto Salerno, our country has been devastated by the negative effects of prescription pain medication,” said DEA Special Agent in Charge John W. Callery. “But DEA and our partners at the U.S. Attorney’s Office are fighting back. Today’s guilty plea is testament to their teamwork and dedication in thwarting the opioid crisis in the San Diego area. Dr. Salerno’s medical career is over; he betrayed his oath to the medical community and his patients. DEA and our partners will continue to conduct these investigations to ensure doctors are following the rules set forth when prescribing potentially deadly drugs.”
Salerno also admitted that an undercover federal agent who visited Salerno’s clinic on six occasions received six hydrocodone prescriptions containing Salerno’s signature. In a separate instance, on a date when the undercover agent did not visit the clinic and the doctor did not see him, Salerno acknowleged that a prescription was written in the name used by the undercover agent and that Salerno completed and signed a progress note in the “patient” chart for the purported visit that did not occur.
Salerno used his medical practice on El Cajon Boulevard in San Diego to carry out this criminal activity between November 2014 and February 2018, the plea agreement said. During this period, Salerno also acknowledged that he pre-signed prescriptions and often allowed his non-physician employees to complete those prescriptions; and that, with regard to one of the multiple dead “patients,” his signature appeared on at least five prescriptions made out in the “patient’s” name that were issued and filled more than a year after the “patient” died.
Salerno is the seventh defendant to enter a guilty plea in connection with the pending case that flowed from the investigation of this “pill mill.” Each of the defendants is awaiting sentencing. The plea agreements of the six other defendants show that paid patient “recruiters” were bringing “patients,” many of whom were homeless, to Salerno’s office to secure hydrocodone prescriptions; that, after the prescriptions were written, the “patients” were brought to pharmacies to fill the prescriptions; “patients” turned over their hydrocodone tablets to the recruiters in exchange for payment and, in some instances, recruiters picked up the tablets from the pharmacies themselves; and, in turn, those hydrocodone pills were being sold by the lead recruiter in San Diego and that such pills were also smuggled into Mexico and sold to a pharmacy there.
The guilty plea was entered before, and accepted by, U.S. District Judge Cynthia Bashant who will sentence Salerno on May 11, 2020.
DEFENDANT Case Number 18-cr-1405-BAS
Egisto Salerno, M.D. Age: 75 San Diego, California
SUMMARY OF CHARGES
Distribution of Hydrocodone in violation of Title 21 U.S.C. Sec. 841(a)(1) and (b)(1)(C)
Maximum Penalties: Twenty years in prison and $1 million fine
Prior Guilty Pleas in same case:
Stephen Toney, Sr.:
Pleaded guilty to Conspiracy to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: March 16, 2020
Amber Nicole Grabau:
Pleaded guilty to Conspiracy to to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: March 9, 2020
Lonell J. Ligon:
Pleaded guilty to Conspiracy to to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: April 6, 2020
Shalina D. Latson:
Pleaded guilty to Conspiracy to to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: March 9, 2020
LaJuan D. Smith:
Pleaded guilty to Conspiracy to to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: February 3, 2020
April J. Cervantes:
Pleaded guilty to Conspiracy to to Possess With Intent to Distribute Hydrocodone, in violation of Title 18, U.S.C., Sec. 841(a)(1) and 846.
Sentencing Date: March 2, 2020
INVESTIGATING AGENCY
Drug Enforcement Administration
Willimantic Heroin Trafficker Sentenced to 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JESUS OMAR VAZQUEZ-MARTINEZ, 35, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in May 2018, the DEA’s Hartford Task Force and Willimantic Police Department, while investigating a heroin/fentanyl overdose death that occurred in August 2017, received information that Xavier Diaz, also known as “Coco,” was operating a heroin distribution ring in Willimantic. The investigation revealed that drug purchasers called a phone shared by Diaz, Vazquez-Martinez and other members of the conspiracy to place an order for heroin. Thereafter, a “runner” would meet the purchaser to complete the transaction.
The investigation connected the August 2017 overdose death, and several non-fatal overdoses, to drugs distributed by the Diaz organization.
Diaz and other members of his organization were arrested on October 15, 2018. On that date, a search of Diaz’s residence revealed more than 100 grams of heroin, a stolen firearm, and ammunition. In addition, a search of a storage unit connected to the organization revealed more than $20,000 in cash.
Vazquez-Martinez has been detained since his arrest on state narcotics charges in April 2018. On October 28, 2019, he pleaded guilty in federal court to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.
Diaz pleaded guilty to the same charge and, on November 25, 2019, was sentenced to five years of imprisonment.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
Wetzel County man sentenced for firearms violationsRead the Press Release
WHEELING, WEST VIRGINIA – Joseph Harrison, of Pine Grove, West Virginia, was sentenced today to 34 months incarceration for a firearms charges, U.S. Attorney Bill Powell announced.
Harrison, age 49, pled guilty to one count of “Unlawful Possession of a Firearm” and one count of “Possession of a Firearm with an Obliterated Serial Number” in November 2019. Harrison, who is not permitted to have a firearm because of a prior convictions, admitted to having a .45 caliber pistol with an obliterated serial number and ammunition in June 2019 in Wetzel County.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wetzel County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
Waterloo Man Convicted after Escape from Halfway HouseRead the Press Release
A Waterloo man who escaped from a Waterloo halfway house and spent over two weeks on the lam was convicted after a half-hour bench trial in federal court in Cedar Rapids. Lonnel Porter, age 35, from Waterloo, Iowa, was convicted of one count of escape from custody. The verdict was returned on January 16, 2020.
The evidence at trial and prior court proceedings showed that, in 2009, Porter was convicted in federal court of possessing a firearm as a felon after an incident wherein he displayed an assault-rifle during a neighborhood dispute. At that time, Porter had prior convictions for burglary, domestic assault causing injury, and false imprisonment. Porter was sentenced in 2009 to nearly nine years in prison and three years of supervised release. In 2012, while an inmate in federal prison, Porter was sentenced to an additional two years of prison after assaulting a correctional officer and causing injury to the officer. When Porter was released from prison in 2019, he was required to spend time at a local halfway house, the Waterloo Residential Reentry Center (WRRC), with work-release privileges. On September 16, 2019, about six weeks after he arrived at the WRRC, Porter signed out for his job, left the WRRC, and never returned. When Porter’s probation officer called Porter on the telephone and instructed him to return to the WRRC, Porter refused to do so and would not reveal his location. On October 2, 2019, the United States Marshal’s Service arrested Porter, and Porter was returned to prison for 14 months for violating the terms of his supervised release.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Porter remains in custody of the United States Marshal pending sentencing. Porter faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2069.
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Virginia man admits to role in a drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Bryan Keith Presgraves, II, of Luray, Virginia, has admitted to his involvement in a drug distribution conspiracy, U.S. Attorney Bill Powell announced.
Presgraves, age 22, pled guilty to one count of “Sale or Transfer to a Prohibited Person.” Presgraves admitted to knowingly selling a bolt-action rifle to a person prohibited from having a firearm in March 2018 in Mineral County.
Presgraves faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Potomac Highlands Drug & Violent Crimes Task Force investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
United States seeks forfeiture of numerous real properties and over $200,000 connected with illegal gambling operationRead the Press Release
HONOLULU, Hawaii – On September 16, 2019, the U.S. Attorney’s Office for the District of Hawaii filed a civil complaint seeking the forfeiture of two single-family residences, located at 1577 Hoolehua Street in Pearl City and 94-103 Pupupuhi Street in Waipahu, which were alleged to be operating as illegal game rooms. The next day, the U.S. Attorney for the District of Hawaii Kenji M. Price announced that 12 defendants had been charged in connection with the illegal gambling business at the two game rooms.
Today, U.S. Attorney Price announced the filing of an amended civil complaint, which seeks forfeiture of two additional real properties, over $200,000.00 in U.S. currency, and various other items connected to the illegal gambling operation.
According to the amended complaint, the additional real properties, which are located at 555 South Street and 2609 B Liliha Street in Honolulu, are residences of certain individuals involved in the illegal gambling operation. Both residences were used in the illegal gambling operation. For example, the amended complaint alleges that the Liliha Street property contained 24 illegal gaming machines, gaming machine equipment, and various ledgers, work schedules and other documents related to the illegal gambling operation. The 555 South Street property is additionally alleged to be forfeitable as it was purchased with illegal gambling proceeds.
The U.S. currency at issue includes over $70,000.00 seized from bank accounts held by Seng Cheong Lio, Seng Long Lio, Shi Hua Huang, and Shi Min Huang, which the amended complaint alleges is subject to forfeiture as property used in the illegal gambling operation, money laundering, and structuring.
The amended complaint alleges that, since at least 2016, the aforementioned individuals and others have been implicated in the operation of at least nine illegal game rooms.
U.S. Attorney Price said, “In addition to being illegal, the game rooms can bring violent crime and drugs to residential neighborhoods. We will continue to work with our law enforcement partners to curtail the presence of illegal game rooms in our community, including potentially seeking forfeiture of ownership interests in properties where such activity takes place.”
The amended complaint merely contains allegations. The United States will not own the properties unless and until a sufficient basis for forfeiture is proven in Court.
These cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Department of Homeland Security (Homeland Security Investigations), Hawaii High Intensity Drug Trafficking Area program (HIDTA), U.S. Marshals Service Hawaii Fugitive Task Force, and the Honolulu Police Department. Assistant U.S. Attorneys Micah Smith, Rachel Moriyama, Sara Ayabe, Jeremy Butler, Mohammed Khatib, and Sydney Spector are handling the cases.
United States Reaches $27,500 Settlement with Fresno Pharmacy for Controlled Substance Act ViolationsRead the Press Release
FRESNO, Calif. — The Medicine Chest Pharmacy in Fresno has agreed to pay $27,500 to resolve allegations that it violated the Controlled Substances Act, U.S. Attorney McGregor W. Scott announced today. The settlement was reached in October, the sale of the pharmacy and its assets has recently been completed.
According to the settlement agreement, the Medicine Chest Pharmacy improperly dispensed Schedule III and IV drugs and committed multiple recordkeeping violations. The Medicine Chest’s owner has also agreed to divest herself from any ownership interest in the pharmacy and will refrain from owning or operating any pharmacy for a period of five years.
The settlement relates to a Drug Enforcement Administration (DEA) investigation of the Medicine Chest beginning in Sept. 2018. A DEA administrative audit and inspection of the Medicine Chest revealed that the Pharmacy had dispensed multiple prescriptions in violation of the Controlled Substance Act and California law, including some prescriptions using the improper DEA registration number and prescriber’s name. Investigators also found that the Medicine Chest failed to complete an initial inventory when issued a DEA registration number and kept inaccurate records. The pharmacy failed to document the date on which certain controlled substances were received on invoices for Schedule III – V drugs.
“Pharmacies are a critical link in the drug distribution chain,” said U.S. Attorney Scott. “They have an obligation to ensure that controlled substances are only dispensed in accordance with the law. They also must ensure that all drug transactions are properly documented and tracked to prevent drug diversion and abuse of powerful opioids and other potentially dangerous drugs. This settlement highlights our commitment to enforcing the Controlled Substances Act and protecting our citizens.”
“Accurate recordkeeping is an important part of the accountability chain in the distribution of controlled prescription drugs. When that chain is broken, it opens the door to the diversion of potentially addictive pharmaceuticals,” stated DEA Special Agent in Charge Daniel C. Comeaux. “DEA will continue to pursue those who do not carry out their due diligence, as required by law, to ensure compliance with the Controlled Substances Act.”
This settlement resulted from a coordinated effort by the Drug Enforcement Administration and the U.S. Attorney’s Office for the Eastern District of California. It was handled by Assistant U.S. Attorney Geoffrey D. Wilson.
The claims resolved by this settlement are allegations only. There has been no determination of liability.
Two More Defendants Plead Guilty in Multi-Million Dollar Home Health Care Fraud ConspiracyRead the Press Release
PITTSBURGH, Pa. – Two residents of Pittsburgh, Pennsylvania, pleaded guilty in federal court yesterday to one count each of conspiracy to defraud the Pennsylvania Medicaid program and health care fraud, United States Attorney Scott W. Brady announced today.
Terra Dean, 46, and Larita Walls, 57, pleaded guilty in separate hearings before United States District Judge Cathy Bissoon.
During their plea hearings, Dean and Walls admitted that between 2011 and 2017 they were employees of Moriarty Consultants, Inc. (MCI), one of four related entities operating in the home health care industry. The other three entities were Activity Daily Living Services, Inc. (ADL), Coordination Care, Inc. (CCI), and Everyday People Staffing, Inc. (EPS). MCI, ADL, and CCI were approved under the Pennsylvania Medicaid program to offer certain services to qualifying Medicaid recipients ("consumers"), including personal assistance services (PAS), service coordination, and non-medical transportation, among other services. Between in and around January 2011 and in and around April 2017, MCI, ADL, and CCI, collectively, received more than $87,000,000 in Medicaid payments based on claims submitted for these services, with PAS payments accounting for more than $80,000,000 of the total amount.
During that time, Dean and Walls admitted that they participated in a wide-ranging conspiracy to defraud the Pennsylvania Medicaid program for the purpose of obtaining millions of dollars in illegal Medicaid payments through the submission of fraudulent claims for services that were never provided to the consumers identified on the claims, or for which there was insufficient or fabricated documentation to support the claims. As part of the conspiracy, Dean and Walls admitted that they fabricated timesheets to reflect the provision of in-home PAS care that, in fact, they never provided to the consumers identified on the timesheets. The defendants further admitted that they caused the submission of Medicaid claims in the name of "ghost" employees—including close relatives—for PAS care that was never provided to the consumers specified on Medicaid claims. Likewise, Dean and Walls admitted that they paid kickbacks to consumers in exchange for the consumer’s cooperation in the fraudulent billing scheme. In total, Dean and Walls each admitted causing losses to the Pennsylvania Medicaid program in excess of $150,000.
Judge Bissoon scheduled Dean’s and Walls’s sentencing hearings for 10:00 a.m. and 2:15 p.m. on May 19, 2020, respectively.
The conspiracy and health care fraud charges each carry a maximum total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendants.
To date, a total of sixteen defendants have been charged in connection with this investigation. Dean and Walls are the tenth and eleventh defendants to enter guilty pleas. The remaining defendants are presumed innocent unless and until proven guilty.
Assistant United States Attorneys Eric G. Olshan and Special Assistant United States Attorney Edward Song are prosecuting this case on behalf of the government. The Federal Bureau of Investigation, Pennsylvania Office of the Attorney General – Medicaid Fraud Control Unit, Internal Revenue Service – Criminal Investigation, U.S. Department of Health and Human Services – Office of Inspector General, and United States Postal Inspection Service conducted the investigation of the defendants.
Three South Florida Residents Sentenced to Prison for Their Roles in $21 Million Sober Homes Fraud SchemeRead the Press Release
Sober Homes Co-Owner Sentenced to Ten Years in Prison
MIAMI, FL – Three former co-owners and clinical directors of a group of purported substance abuse treatment centers and sober homes were sentenced to prison today for their roles in a conspiracy to commit health care fraud and wire fraud that resulted in an actual loss of more than $3.8 million, and through which the conspirators sought to obtain more than $21 million.
U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Special Agent in Charge Omar Pérez Aybar of the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG) made the announcement.
Ali Ahmed, 38, Hector Efrain Alvarez, 49, and Mauren Morel, 45, all of Broward and Palm Beach Counties, previously pled guilty to one count of conspiracy to commit health care fraud and wire fraud (Case No. 19cr60200). U.S. District Judge Federico A. Moreno of the Southern District of Florida sentenced Ahmed to 120 months in prison, Alvarez to 32 months in prison and Morel to 32 months in prison. In addition, the defendants were ordered to forfeit certain property and pay forfeiture money judgments, as well as to pay restitution. Specifically, Ahmed owes $4,204,336 in restitution; Alvarez owes $3,884,035; and Maurel owes $320,301 in restitution.
In recent years, South Florida has become the locus for drug and alcohol addicts seeking assistance in an effort to become and remain sober. Substance abuse treatment centers that assist such persons undergoing detoxification from an intoxicating or addictive substance are regulated under state and federal law. These substance abuse treatment centers, or detox centers, offer a continuum of care including, from most intensive to least intensive, as follows: inpatient detox, Partial Hospitalization Programs (PHP’s), Intensive Outpatient Programs (IOP’s), and Outpatient Programs (OP’s). Persons undergoing treatment on an out-patient basis, whether in PHP, IOP, or OP, typically elect to live in a “recovery residence,” also known as a “sober home” or “halfway house,” with other persons who are also in treatment and committed to a drug and alcohol-free lifestyle.
Jacob’s Well, Inc. (Jacob’s Well) was a Florida corporation, located at 7950 SW 30th Street, Suite 202, Davie, Florida. Jacob’s Well was a substance abuse treatment center licensed with the Florida Department of Children and Families that purportedly provided private insurance beneficiaries with substance abuse treatments and services.
Medi MD, LLC. (Medi MD) was a Florida corporation, located at 7950 SW 30th Street, Suite 200, Davie, Florida. Medi MD was a substance abuse treatment center licensed with the Florida Department of Children and Families that purportedly provided private insurance beneficiaries with substance abuse treatments and services.
Arnica Health was a Florida corporation, located at 7950 SW 30th Street, Suite 202, Davie, Florida. Arnica Health was a purported medical treatment center co-located with the purported substance abuse treatment centers. Together with Medi MD and Jacob’s Well, Arnica Health operated as a part of Serenity Living and was affiliated with sober homes known as Serenity Ranch.
Ali Ahmed was Treasurer of Jacob’s Well, Director of Operations for Medi MD, and co-owner of Jacob’s Well, Medi MD, and Arnica Health.
Sebastian Ahmed was the CEO and co-owner of Jacob’s Well, Medi MD, and Arnica Health.
Hector Efrain Alvarez was Clinical Director of Medi MD.
Mauren Morel was Clinical Director and co-owner of Jacob’s Well.
Medi MD, Jacob’s Well, and Arnica Health together operated as Serenity Ranch/Serenity Living.
According to court documents, from June 2016 through April 2019, Ali Ahmed, Sebastian Ahmed, and Mauren Morel, submitted and caused others to submit, via interstate wire communications, approximately $1,693,276 in claims which falsely and fraudulently represented that various health care benefits, primarily substance abuse PHP, IOP, and OP services, were medically necessary, prescribed by a doctor, and provided by Jacob’s Well to insurance beneficiaries of Aetna, BCBS, Cigna and UHC. As a result of such false and fraudulent claims, Aetna, BCBS, Cigna, and UHC made payments to the corporate bank accounts of Jacob’s Well in the approximate amount of $320,301.
Furthermore, during the same approximate time period, Ali Ahmed, Sebastian Ahmed, and Hector Efrain Alvarez submitted and caused others to submit, via interstate wire communications, approximately $21,899,439 in claims which falsely and fraudulently represented that various health care benefits, primarily substance abuse PHP, IOP, and OP services, were medically necessary, prescribed by a doctor, and provided by Medi MD to insurance beneficiaries of Aetna, BCBS, Cigna, Humana and UHC. As a result of such false and fraudulent claims, Aetna, BCBS, Cigna, Humana and UHC made payments to the corporate bank accounts of Medi MD in the approximate amount of $3,884,035.
Ali Ahmed, Sebastian Ahmed, Hector Efrain Alvarez, and Mauren Morel used the proceeds of the health care fraud for their personal use and benefit, the use and benefit of others and to further the fraud scheme.
As set forth in Court documents, the scheme involved not only financial exploitation but also sexual exploitation of vulnerable, drug-addicted patients, whom were attracted and induced to attend Serenity Ranch facilities with free flights, free housing, vapes, clothing, spa days, benzodiazepine medications, and even drugs. Indeed, the evidence showed that patients were permitted to keep using drugs, and even provided drugs – including heroin and cocaine – by conspirators such as Ali Ahmed. Ali Ahmed also engaged in sexual relationships with patients and, as a result of the destabilizing environment at the facilities, many patients did not get the treatment that they so desperately needed.
Co-defendant Sebastian Ahmed, the former CEO of Jacob’s Well, Medi MD, and Arnica, who was charged in the same indictment, has pleaded not guilty and is set for trial on February 18, 2020, before Senior U.S. District Judge James I. Cohn. He is presumed innocent of the charges.
The FBI and HHS-OIG investigated the case, with assistance from the Davie Police Department, Broward County Sheriff's Office and U.S. Drug Enforcement Administration (DEA). Assistant U.S. Attorneys Christopher J. Clark and Lisa H. Miller are prosecuting the case, and Assistant U.S. Attorneys Nicole Grosnoff and Peter A. Laserna are handling the asset forfeiture issues related to this matter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Three Appear in Federal Court on Meth ChargesRead the Press Release
HUNTINGTON, W.Va. – Defendants in three separate cases appeared in federal court on meth charges, said United States Attorney Mike Stuart.
“We are prosecuting scores of meth traffickers throughout the District,” said United States Attorney Mike Stuart. “Over the past several years, we have made remarkable progress in the battle to end the chaos and destruction brought upon us by drug dealers and drug thugs. We are driven by a sense of urgency and, trust me, I not only have the backs of law enforcement but of the people of West Virginia in this righteous battle for our families and our communities.”
Walter Ray Cavender, age 50, of Leon, Mason County, was sentenced to 108 months in prison for possession with intent to distribute methamphetamine. Cavender previously admitted that on May 16, 2018, officers served a search warrant at his home on Evans Road in Leon. At the time they served the search warrant, Cavender had approximately 300 grams of methamphetamine in his home which he intended to sell. He also had digital scales and approximately $1300 in cash. The Mason County Sheriff’s Department conducted the investigation. Assistant United States Attorney Greg McVey handled the prosecution.
Johnny Belcher, Jr., 35, of Huntington, was sentenced to 42 months in prison for possession with intent to distribute methamphetamine. Belcher previously admitted that on July 17, 2019, an officer found approximately 24 grams of methamphetamine in his pockets. Belcher told the officers the substance was “ice.” The Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie Taylor handled the prosecution.
Charles Vincent Hively, Jr., 46, of Charleston pled guilty for his role in a conspiracy that involved large quantities of methamphetamine that were transported from Akron and sold in West Virginia. Hively pled guilty to possession with intent to distribute methamphetamine. Hively admitted that, on June 7, 2019, officers came to his residence at 1195 Livingston Avenue in Charleston to execute a warrant that had been issued for his arrest. When officers knocked on the door, they saw Hively look out the window and run to the rear of the residence. Hively then threw a cigarette box from a rear window. When officers recovered the box, they discovered that it contained approximately 24 grams of methamphetamine. Officers also recovered additional methamphetamine from inside the residence and Hively admitted that he intended to distribute the drugs. As part of his plea, Hively admitted that he was responsible for distributing up to 200 grams of methamphetamine in the Southern District of West Virginia. Hively faces up to 20 years in prison when sentenced on April 27, 2020. This joint investigation was spearheaded by the Federal Bureau of Investigation (FBI). Other agencies which participated and assisted in the investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Ona Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
United States District Judge Robert C. Chambers presided over the hearings.
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Steubenville man sentenced for drug conspiracyRead the Press Release
WHEELING, WEST VIRGINIA – Robert Leon Sullivan, of Steubenville, Ohio, was sentenced today to 46 months incarceration for a cocaine, crack cocaine, heroin, and fentanyl distribution operation, U.S. Attorney Bill Powell announced.
Sullivan, age 56, pled guilty to one count of “Conspiracy to Distribute Cocaine Hydrochloride, Cocaine Base, Heroin, and Fentanyl” in August 2019. Sullivan admitted to working with others to distribute cocaine, crack cocaine, heroin and fentanyl in Hancock County and elsewhere from February 2018 to August 2019.Assistant U.S. Attorneys Danae DeMasi-Lemon and Robert H. McWilliams, Jr. prosecuted the case on behalf of the government. The Drug Enforcement Administration; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Marshall County Drug & Violent Crimes task Force, a HIDTA-funded initiative; The Ohio Valley Drug & Violent Crimes task Force, a HIDTA-funded initiative; the Jefferson County, Ohio, Drug & Violent Crimes Task Force; the Hancock County Sheriff’s Office; the Brooke County Sheriff’s Office; the Weirton Police Department; and the West Virginia Division of Natural Resources Police investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. District Judge John Preston Bailey presided.
Stanislaus County Man Sentenced to over 16 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — David Jahve Nin, 40, of Salida, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 16 years and eight months in prison for receiving child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, from approximately October 2014 through approximately July 2017, in Stanislaus County, Nin was found to have received through the internet over 200 videos of minors engaged in sexually explicit conduct. The videos also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of minors as young as toddlers being sexually abused.
This case was the product of an investigation by both the Stockton, California and Phoenix, Arizona Offices of Homeland Security Investigations (HSI). Assistant U.S. Attorney Brian W. Enos prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
St. Louis County Doctor Pleads Guilty to Fraudulently Obtaining Opioid Narcotic Prescription DrugsRead the Press Release
St. Louis, MO –Angela K. Williams, M.D., 34, of Brentwood, Missouri, pleaded guilty today to one felony charge of fraudulently obtaining oxycodone, a narcotic opioid prescription drug.
According to the plea agreement, Dr. Williams wanted to obtain prescription drugs that contained controlled substances for her own personal use, outside the bounds of professional medical practice and not for legitimate medical purposes. Accordingly, Dr. Williams used her own prescription pad to write and sign numerous prescriptions for controlled substances using other persons’ names, including prescriptions for the narcotic opioid pain relief drugs hydrocodone and oxycodone. Dr. Williams then went to the pharmacies and presented the prescriptions for the drugs, posing as a patient. Dr. Williams also fraudulently used another doctor’s prescription pad, name, and Drug Enforcement Administration number to write herself some additional controlled substance prescriptions.
“The DEA Diversion Control Program’s purpose is to maintain the integrity of the supply chain of prescription drugs to the American public,” said DEA St. Louis Division Special Agent in Charge William Callahan. “The diversion of prescription drugs outside the bounds of professional medical practice puts the supply chain at risk. This case showcases the far-reaching impact of opioid abuse and its destructive power.”
Dr. Williams pled guilty before Chief United States District Court Judge Rodney W. Sippel. Sentencing has been set for April 23, 2020. Dr. Williams’s crime carries a maximum penalty of four years in prison and a $250,000 fine. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the Drug Enforcement Administration, the Florissant Police Department, the Town and Country Police Department, and the St. John Police Department, with assistance from the Bureau of Narcotic and Dangerous Drugs of the Missouri Department of Health & Senior Services, the Medicaid Fraud Control Unit of the Missouri Attorney General’s office, and the St. Louis County, Missouri Prosecuting Attorney’s Office.
St. Croix Man Indicted for Firearm and Related Offenses in Vicinity of a SchoolRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced the return of an indictment on January 21, 2020, charging a St. Croix man, Mario Felix, with felon in possession of a firearm, felon in possession of ammunition and possession of a firearm within a school zone. Felix will be arraigned on January 27, 2020.
According to the indictment, on November 3, 2019, Felix, a convicted felon, possessed a firearm and ammunition and did so while in the vicinity of the Alternative Education School.
The case is being investigated by the Virgin Islands Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Rhonda Williams-Henry.
An indictment is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert for the District of the Virgin Islands announced the return of an indictment on January 21, 2020, charging a St. Croix man, Mario Felix, with felon in possession of a firearm, felon in possession of ammunition and possession of a firearm within a school zone. Felix will be arraigned on January 27, 2020.
According to the indictment, on November 3, 2019, Felix, a convicted felon, possessed a firearm and ammunition and did so while in the vicinity of the Alternative Education School.
The case is being investigated by the Virgin Islands Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant U.S. Attorney Rhonda Williams-Henry.
An indictment is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
South Bay Man Sentenced to Seven Years in Federal Prison for Receiving, Possessing and Distributing Child PornographyRead the Press Release
LOS ANGELES – A Wilmington man was sentenced today to 84 months in federal prison for possessing child pornography and distributing the sexually explicit images of children to other Internet users.
Daniel Patrick Diaz, 35, was sentenced by United States District Judge S. James Otero. In July 2019, Diaz pleaded guilty to four counts of receipt and distribution of child pornography and one count of possession of child pornography.
Diaz admitted in his plea agreement that he used the Internet to download and transfer numerous images and videos of child pornography to various digital devices and email accounts. In April 2017, Diaz used the internet messenger application Kik to knowingly distribute files that depicted minors engaged in sexually explicit conduct. Diaz sent the illicit images to an undercover law enforcement officer.
A federal search warrant executed in May 2017 revealed that Diaz used an email address to receive and distribute child pornography, including sadistic and masochistic content.
In total, Diaz possessed at least 600 images of child pornography.
“The prolific nature of [Diaz’s] fascination with child pornography, including the types of content he possessed, shared, and distributed, is troubling,” the prosecution wrote in its sentencing memorandum, which notes that “his trading, sharing, possession, and distribution of these image and videos only served to continue the harm suffered by the victims.”
This case was investigated by Homeland Security Investigations and is part of Project Safe Childhood, the Justice Department’s ongoing initiative to combat child exploitation crimes.
This matter was prosecuted by Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section.