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Monday 2 December 2019
13-Time Convicted Felon Sentenced for Drug and Gun CrimesRead the Press Release
NORFOLK, Va. – A Norfolk man was sentenced today to seven years in prison for possessing with intent to distribute cocaine, and possessing a firearm in furtherance of that drug crime.
According to court documents, Curtis Talley, 38, who has 13 prior felony convictions, many of which are for prior probation violations, was found with distribution amounts of cocaine, marijuana, and a loaded gun when Norfolk police officers arrested him on earlier warrants.
“Armed drug dealers are responsible for much violence plaguing our communities,” said G. Zachery Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to seek out and prosecute cases against this dangerous class of repeat offenders.”
“ATF’s primary mission is to protect America’s neighborhoods from violent crime,” said Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division. “We are focused on stopping offenders who perpetrate violence by trafficking drugs and carrying firearms and will use all of our resources to bring them to justice.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Colonel Gary T. Settle, Virginia State Police Superintendent; Larry D. Boone, Chief of Norfolk Police, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar. Assistant U.S. Attorneys Andrew Bosse and Joseph E. DePadilla prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:18-cr-114.
Friday 29 November 2019
U.S. Attorney Trent Shores Appointed to the Presidential Task Force on Missing and Murdered American Indians and Alaska NativesRead the Press Release
This week, President Donald Trump signed an executive order establishing the Task Force on Missing and Murdered American Indians and Alaska Natives. U.S. Attorney Trent Shores, Chair of the Native American Issues Subcommittee of the Attorney General’s Advisory Committee, has been appointed to the task force.
The task force will work closely with American Indian and Alaska Native communities to develop protocols, procedures, and best practices to address new and unsolved missing and murdered indigenous persons cases — particularly missing and murdered women and girls. The task force will be co-chaired by the Attorney General and the Secretary of the Interior.
“I am honored that President Trump appointed me to this task force. Tribal leaders from across America have spoken and we have listened,” said U.S. Attorney Trent Shores for the Northern District of Oklahoma and Chair of the Native American Issues Subcommittee. “Now is the time for action. For far too long Native Americans and Alaska Natives, especially women, have experienced unacceptably high rates of violence. I look forward to working with Attorney General Barr and Secretary Bernhardt to address this tragic issue.”
The executive order states that the task force will consult with tribal governments on the scope and nature of the issues regarding missing and murdered American Indians and Alaska Natives. Members will address data sharing among the various jurisdictions and law enforcement agencies, how to better leverage existing criminal data bases, and how to improve the way investigators and prosecutors respond to the high volume of cases and to the investigative challenges presented in cases involving female victims. The task force will further establish a multi-disciplinary, multi-jurisdiction team, including representatives from tribal law enforcement and the Departments of Justice and Interior, to review cold cases involving the missing and murdered.
The President also charged the task force with addressing the need for greater clarity concerning roles, authorities, and jurisdiction throughout the lifecycle of a case. This includes, in part, developing and publishing best-practices guidance, such as best practices related to communicating with affected families from initiation of an investigation through case resolution; it also includes developing public campaigns to bring awareness to resources needed or available for families who have missing or murdered loved ones.
You can read the Executive Order here.
Members also appointed to the task force are the Director of the Federal Bureau of Investigation; Secretary for Indian Affairs, Department of the Interior; Director of the Office on Violence Against Women, Department of Justice; Director of the Office of Justice Services, Bureau of Indian Affairs, Department of the Interior; Commissioner of the Administration for Native Americans, Department of Health and Human Services; and representatives of other executive departments, agencies, and offices as the co-chairs may, from time to time, designate.
Two Narcotic Smugglers Charged After Being Stopped with More Than Five Kilograms of Cocaine on VesselRead the Press Release
St. Thomas, USVI – Pedro Ramos-Guerra and Carlos Alberto Cuevas-Almonte were charged in a Bill of Indictment returned by the grand jury on November 21, 2019 with Conspiracy to Possess and Possession of a Controlled Substance with Intent to Distribute on Board a Vessel Subject to the Jurisdiction of the United States, and with Destroying Property Subject to Forfeiture Under Section 511(a) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, United States Attorney Gretchen C.F. Shappert announced.
The court filings allege that on October 24, 2019, Ramos-Guerra, a Venezuelan national, and Cuevas-Almonte, a Dominican national, were onboard a go-fast vessel first sighted by United States Customs and Border Protection approximately 75 nautical miles south of Cabo Rojo, Puerto Rico. The vessel displayed no indicia of nationality. The United States Coast Guard (USCG) Cutter Diligence was tasked to intercept the vessel.
The go-fast vessel failed to comply with USCG instructions to heave to. Instead, bales of suspected drugs were tossed overboard. After the USCG fired warning shots, the go-fast vessel became dead in the water. The go-fast vessel’s occupants pulled plugs on board the vessel and, after taking on water, the go-fast vessel completely submerged. The USCG recovered from the vessel more than five kilograms of a substance that field tested positive for cocaine.
This case is being investigated by the USCG and the Drug Enforcement Agency, and is being prosecuted by Assistant United States Attorney Adam Sleeper.
United States Attorney Shappert reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Manhattan U.S. Attorney Announces Arrest of United States Citizen for Assisting North Korea in Evading SanctionsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John C. Demers, the Assistant Attorney General for National Security, John Brown, Assistant Director of the Federal Bureau of Investigation (“FBI”) Counterintelligence Division, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the FBI, announced today the unsealing of a criminal complaint charging VIRGIL GRIFFITH, a United States citizen, with violating the International Emergency Economic Powers Act (“IEEPA”) by traveling to the Democratic People’s Republic of Korea (“DPRK” or “North Korea”) in order deliver a presentation and technical advice on using cryptocurrency and blockchain technology to evade sanctions. GRIFFITH was arrested at Los Angeles International Airport yesterday and will be presented in federal court in Los Angeles on Monday, December 2.
U.S. Attorney Geoffrey S. Berman stated: “As alleged, Virgil Griffith provided highly technical information to North Korea, knowing that this information could be used to help North Korea launder money and evade sanctions. In allegedly doing so, Griffith jeopardized the sanctions that both Congress and the president have enacted to place maximum pressure on North Korea’s dangerous regime.”
Assistant Attorney General John Demers said: “Despite receiving warnings not to go, Griffith allegedly traveled to one of the United States’ foremost adversaries, North Korea, where he taught his audience how to use blockchain technology to evade sanctions. By this complaint, we begin the process of seeking justice for such conduct.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “There are deliberate reasons sanctions have been levied on North Korea. The country and its leader pose a literal threat to our national security and that of our allies. Mr. Griffith allegedly traveled to North Korea without permission from the federal government, and with knowledge what he was doing was against the law. We cannot allow anyone to evade sanctions, because the consequences of North Korea obtaining funding, technology, and information to further its desire to build nuclear weapons put the world at risk. It’s even more egregious that a U.S. citizen allegedly chose to aid our adversary.”
According to the Complaint unsealed today in Manhattan federal court[1]:
Pursuant to the IEEPA and Executive Order 13466, United States Persons are prohibited from exporting any goods, services, or technology to the DPRK without a license from Department of the Treasury, Office of Foreign Assets Control (“OFAC”).
In or about April 2019, GRIFFITH traveled to the DPRK to attend and present at the “Pyongyang Blockchain and Cryptocurrency Conference” (the “DPRK Cryptocurrency Conference”). Despite that the U.S. Department of State had denied GRIFFITH permission to travel to the DPRK, GRIFFITH presented at the DPRK Cryptocurrency Conference, knowing that doing so violated sanctions against the DPRK. At no time did GRIFFITH obtain permission from OFAC to provide goods, services, or technology to the DPRK.
At the DPRK Cryptocurrency Conference, GRIFFITH and other attendees discussed how the DPRK could use blockchain and cryptocurrency technology to launder money and evade sanctions. GRIFFITH’s presentation at the DPRK Cryptocurrency Conference had been approved by DPRK officials and focused on, among other things, how blockchain technology, including a “smart contract,” could be used to benefit the DPRK. GRIFFITH identified several DPRK Cryptocurrency Conference attendees who appeared to work for the North Korean government, and who, during his presentation, asked GRIFFITH specific questions about blockchain and cryptocurrency and prompted discussions on technical aspects of those technologies.
After the DPRK Cryptocurrency Conference, GRIFFITH began formulating plans to facilitate the exchange of cryptocurrency between the DPRK and South Korea, despite knowing that assisting with such an exchange would violate sanctions against the DPRK. GRIFFITH also encouraged other U.S. citizens to travel to North Korea, including to attend the same DPRK Cryptocurrency Conference the following year. Finally, GRIFFITH announced his intention to renounce his U.S. citizenship and began researching how to purchase citizenship from other countries.
* * *
VIRGIL GRIFFITH, 36, is a resident of Singapore and citizen of the United States. GRIFFITH is charged with conspiring to violate the IEEPA, which carries a maximum term of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI and its New York Field Office, Counterintelligence Division, and thanked the Department of Justice’s National Security Division, Counterintelligence and Export Control Section, for their assistance.
The case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Kimberly Ravener, Michael K. Krouse, and Kyle A. Wirshba are in charge of the case, with assistance from Trial Attorneys Christian Ford and Matthew J. McKenzie of the Counterintelligence and Export Control Section.
The charge in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Final Defendant in Largest Cartel Drug Scout Prosecution in Arizona Sentenced to PrisonRead the Press Release
On November 25, 2019, the final defendant in United States v. Felix-Ramirez, et al, an eighteen-defendant indictment combatting the activities of a transnational drug trafficking organization, was sentenced to prison by Senior U.S. District Judge Cindy K. Jorgenson. All defendants pleaded guilty to conspiracy to possess with intent to distribute a controlled substance.
The 18 defendants were sentenced to prison time as follows:
- Jose Angel Felix-Ramirez, 30, of Culiacan, Sinaloa, Mexico, was sentenced to 55 months;
- Arnoldo Ojeda-Zavala, 33, of Durango, Mexico, was sentenced to 57 months;
- Matias Garcia-Martinez, 32, of Villa Juarez, Sinaloa, Mexico, was sentenced to 60 months;
- Carlos Erasmo Medina-Amador, 28, of Sonoita, Sonora, Mexico, was sentenced to 87 months;
- Jesus Francisco Felix-Ramirez, 23, of Tamasura, Durango, Mexico, was sentenced to 50 months;
- Carlos Ivan Nunez-Estrada, 33, of Sonora, Mexico, was sentenced to 60 months;
- Antonio Ramirez-Rios, 40, of Sinaloa, Mexico, was sentenced to 70 months;
- Manuel Esteban Portillo-Avilez, 46, of Chihuahua, Mexico, was sentenced to 60 months;
- Jose Orlando Linares-Sanchez, 26, of San Salvador, El Salvador, was sentenced to 674 days (time served);
- Douglas Mariaga-Munoz, 26, of Cortez, Honduras, was sentenced to 674 days (time served);
- Jose Lorenzo Osorto-Calix, 22, of La Ceiba, Atlantida, Honduras, was sentenced to 674 days (time served);
- Jose Nunez-Estrada, 21, of Tamazula, Durango, Mexico, was sentenced to 65 months;
- David Jimenez-Perez, 22, of Chiapas, Mexico, was sentenced to 20 months;
- Armando Ramirez-Garcia, 34, of Arenitas, Sinaloa, Mexico, was sentenced to 35 months;
- Jose Angel Lozano-Raigoza, 39, of Sonoita, Sonora, Mexico, was sentenced to 35 months;
- Raynard Joseph Antone, 43, of Pia Oik Village, Arizona, was sentenced to 15 months;
- Adriana Fonseca-Dominguez, 36, of Chihuahua, Mexico, was sentenced to 24 months;
- Edgar Raul Arellano-Garcia, 31, of Chihuahua, Mexico, was sentenced to 87 months.
Multiple agencies participated in the investigation, dubbed Operation Rocky Top 2, as part of the Native American Targeted Investigation of Violent Enterprises (NATIVE) Task Force. Operation Rocky Top 2 determined that the drug trafficking organization, which had ties to the Sinaloa Cartel, exploited the remote location and extended U.S.-Mexico border within the Tohono O’Odham Nation. In order to move large quantities of marijuana from Mexico into the United States, the drug trafficking organization relied heavily on a sophisticated network of mountaintop scouts who used high-powered binoculars, radios, and cellular telephones to guide marijuana backpackers around law enforcement agents working in the area. The drug trafficking organization delivered necessary supplies to the scouts so they could remain in strategic mountaintop locations for extended time periods. Operation Rocky Top 2 successfully identified and targeted specific scouting locations and those individuals providing support to the scouts. Agents seized approximately 4,358 pounds of marijuana tied to cartel scouts during the investigation.
“This successful operation highlights the importance of our federal law enforcement partnerships and the unique investigative authorities of Homeland Security Investigations (HSI),” said Scott Brown, special agent in charge for HSI Phoenix. “The west desert portion of the border poses various environmental challenges; however when federal, state, local and tribal law enforcement bands together, we send a clear message to the cartel. You will not operate on the border with impunity.”
U.S. Attorney Michael Bailey said, “This investigation exemplifies the value of interagency cooperation and cooperation between federal and tribal authorities. The combined resources and expertise of the agencies involved dealt a significant blow to the cartel.”
The investigation in this case was conducted by the NATIVE Task Force, and the U.S. Border Patrol Casa Grande Station. The investigation was led by Homeland Security Investigations, the Bureau of Indian Affairs, the Drug Enforcement Administration, United States Border Patrol, the Federal Bureau of Investigation, and the Tohono O’odham Police Department. These prosecutions were handled by Assistant U.S. Attorneys Sarah B. Houston and Adam D. Rossi, District of Arizona, Tucson.
Wednesday 27 November 2019
White Cone Man Sentenced to Prison for Domestic Assault by StranglingRead the Press Release
PHOENIX, Ariz. – On November 12, 2019, Nathaniel Willie Cortez, 39, of White Cone, Arizona, was sentenced by U.S. District Judge G. Murray Snow to 24 months in prison followed by three years of supervised release. Cortez had previously pleaded guilty to one count of domestic assault by strangling or suffocation.
Cortez admitted that he strangled the victim, with whom he was in a romantic relationship, in 2018. The assault took place on the Navajo Nation Indian Reservation, where Cortez and the victim are tribal members.
The investigation in this case was conducted by the FBI and the Navajo Nation Department of Criminal Investigations. The prosecution was handled by Krista Wood and Amy Chang, Assistant U.S. Attorneys, District of Arizona, Phoenix.
Wheat Ridge Felon Sentenced to Nearly 8 Years in Federal Prison for Gun and Drug PossessionRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Aaron Michael Kendall, age 46, of Wheat Ridge, Colorado, was sentenced this morning by U.S. District Court Judge William J. Martinez to serve 95 months (nearly 8 years) in federal prison for convictions of being a felon in possession of a firearm and possession with intent to distribute heroin. Following his prison sentence, Kendall will spend 3 years on supervised release. The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion.
According to the stipulated facts contained in the plea agreement, on January 31, 2017, Wheat Ridge Police officers stopped the defendant for suspicion of driving a stolen vehicle. An inventory search led officers to find approximately 15 grams of heroin, sorted out into four packages. They also found a 9mm pistol hidden in a compartment of the vehicle. A digital scale, seven cell phones, and baggies and a counterfeit $20 bill were also recovered. Kendall was a multiple time convicted felon – including a distribution offense associated with the 211 Crew – a Colorado prison gang. The firearm had been reported stolen out of Westminster, Colorado in July 2016.
“The federal felon-in-possession statute is a significant tool in allowing us to help local law enforcement get bad actors out of their communities,” said U.S. Attorney Jason Dunn. “Mr. Kendall apparently didn’t learn his lesson from his previous convictions. He’ll pay for that with nearly eight more years in federal prison.”
Kendall was first indicted by a federal grand jury on July 12, 2017. He pleaded guilty before U.S. District Court Judge Martinez on April 15, 2019. He was sentenced on November 27, 2019.
The defendant was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheat Ridge Police Department. Kendall was prosecuted by Assistant U.S. Attorney Kurt Bohn.
Weston Man Charged with Wire Fraud in International Student Recruitment SchemeRead the Press Release
BOSTON – A Weston man was arrested and charged yesterday in connection with a scheme to defraud private high schools and international students of millions of dollars in tuition and other fees.
Keenam “Kason” Park, 59, was charged in a criminal complaint unsealed today with one count of wire fraud. Park was arrested yesterday and appeared in federal court in Boston.
According to the complaint, between approximately 2010 and 2019, Park’s company, K&B Education Group, LLC, which did business under the name EduBoston, partnered with private high schools across at least 10 states, including Massachusetts, to recruit international students for enrollment. EduBoston collected tuition and other fees from the students’ families and was supposed to pay the students’ tuition to partnering schools prior to the start of each academic year. Park allegedly caused EduBoston to collect tuition and other payments from students’ families for the current academic year but failed to remit tuition payments to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park is also alleged to have caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park has failed to return to the students’ families. On or about Sept. 26, 2019, EduBoston announced that the company would be going out of business effective immediately. To date, Park has allegedly failed to pay the tuition owed, and has advised partnering schools that EduBoston is unable to pay. The complaint alleges that records prepared by a consulting firm on behalf of EduBoston show that the company owes over $5 million to partnering schools.
Anyone with questions, concerns or information regarding this case can email [email protected].
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. 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 and Joseph R. Bonavolonta, the Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement today. Assistant U.S. Attorney Leslie A. Wright of Lelling’s Securities and Financial Fraud Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
West Philadelphia Pharmacy Employee Convicted in Illegal Oxy Pill Mill SchemeRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Anmol Singh Kamra, 27, of Upper Darby, PA was convicted today at trial with conspiracy to distribute oxycodone outside the usual course of professional practice and with no legitimate medical purpose.
Kamra, a pharmacy technician at Campus Pharmacy in West Philadelphia, conspired with George Fisher, a physician, and Frank Brown, both charged separately, to illegally distribute thousands of oxycodone pills to people suffering from addiction. From about December 2012 through about March 2016, Kamra, Fisher, and Brown orchestrated and executed a scheme to turn the pharmacy into a “pill mill” in which Kamra knowingly filled fake oxycodone prescriptions written by Fisher in sham “patient” names, and gave the oxycodone pills to Brown to sell in street level drug deals.
At times, Kamra would sell drugs without a prescription and then request that Fisher backdate a fake prescription in an attempt to cover the tracks. At trial, Kamra testified that this backdating of prescriptions was a mere “courtesy” on behalf of the doctor so patients could receive their prescriptions in a timely manner, but undercover video evidence showed otherwise. This small pharmacy in West Philadelphia sold so many opioids that some were hidden some under the sink for fear that their distributor would notice the over-abundance and cut them off for exceeding the allowable limit.
“Kamra was operating nothing more than a corrupt pill mill,” said U.S. Attorney McSwain. “The misuse of opioids is killing our citizens, and this defendant significantly contributed to our region’s crippling opioid epidemic. We have to do everything possible to stop the illegal distribution of these deadly drugs, especially by professionals entrusted to prescribe and monitor their use.”
“Kamra diverted thousands of oxycodone pills to the street, taking advantage of those struggling with addiction amid our area’s devastating opioid crisis,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Yet another medical professional, looking to profit from someone else’s misery. The FBI will never stop working to put pill mills out of business, and the people who run them behind bars.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Mary Kay Costello and Amanda Reinitz.
Wagner Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Wagner, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on November 26, 2019, by U.S. District Judge Karen E. Schreier.
Harold Dean Johnson, Jr., age 40, was sentenced to 30 months in federal prison, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Johnson was indicted by a federal grand jury on May 7, 2019. He pled guilty on August 26, 2019.
The conviction stems from Johnson failing to register as a sex offender as required by federal law between February 19, 2019 and March 18, 2019. Johnson had previously been convicted of a sex offense in federal court which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Virginia Salesman Sentenced for Evading over $1 Million in Federal Income TaxesRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced GREGORY OVERTON POWELL, age 62, of Hampton, Virginia to 40 months imprisonment, followed by three years of supervised release. The Court also ordered POWELL to pay restitution to the Internal Revenue Service (IRS) in the amount of $1,405,954.
POWELL was named in a Criminal Information filed on December 4, 2018 charging him with willfully evading his federal income tax obligations for approximately 13 years. On February 25, 2019, POWELL pled guilty to the charge.
According to the charging instrument, statements made in court, and other public information, POWELL worked as a timeshare salesman between 2006 and 2016, during which his average annual salary was approximately $300,000. Despite his significant earnings and ability to pay, POWELL systematically and willfully failed to file his tax returns on a timely basis and made minimal, if any, payments towards his tax liabilities. For tax years 2006 through 2016 alone, POWELL’s tax liabilities exceeded $1.4 million, including penalties and interest. The IRS attempted to collect the taxes due and owing by various means. For example, IRS collection officials agreed to allow POWELL to enter into an installment agreement on two separate occasions provided he adjust his tax withholdings. In each instance, POWELL agreed to do so, but then reneged on the terms by falsely representing to his employer that he was exempt from tax, thereby preventing any withholdings from his salary.
During the offense period, POWELL took other steps to evade payment of his tax debts. Among other things, POWELL provided a false collection information statement to the IRS in which he failed to report his ownership of a 34-foot speedboat. POWELL also directed his wife to purchase and hold title to real property as a nominee to obstruct IRS collection efforts. Additionally, POWELL convinced an individual to take nominal title of a residence that POWELL owned in Newport News, Virginia.
IRS-Criminal Investigation conducted the investigation in this matter. Assistant United States Attorney Adam F. Hulbig represented the government.
United States Files Suit to Enjoin Summit Contracting, Inc. and Its Owners from Continuing Ongoing Fraud SchemeRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on November 27, 2019, the United States filed a complaint seeking a civil injunction against Chad Schampers, Nathaniel Smith, and their construction business—Summit Contracting, Inc. (“Summit”), located in De Pere, Wisconsin. The complaint was filed pursuant to Title 18, United States Code, Section 1345 based on alleged wire fraud and banking law violations. Along with the complaint, the United States also filed a motion for a preliminary injunction to enjoin defendants’ misconduct while the lawsuit proceeds.
The complaint alleges that beginning as early as 2018 and continuing to the present, defendants have conducted a fraudulent scheme that induces customers to finance construction projects, often by misrepresenting the terms of the financing offered. As alleged, once the projects are approved for financing, defendants fully withdraw the funds for the project from the financing company before Summit completes (or in some instances, even commences) its work by making false statements to financing companies that the work has already been completed. The complaint further alleges that withdrawals are made without the customer’s knowledge, contrary to the payment authorization provided by the client, or both, and that some Summit customers are left with substantial loan payments for work that is not what Summit promised, or worse, never completed at all.
The complaint asks the Court to enjoin defendants’ ongoing wire fraud scheme and banking law violations to prevent a continuing and substantial injury to the victims of fraud. The complaint requests, among other relief, that the Court prohibit defendants and their agents, officers, employees, and all persons participating with defendants, from the following:
- making any false statement to any financial institution with respect to any financing transaction;
- misrepresenting to prospective or actual Summit customers the terms of financing offered for Summit projects;
- requiring Summit customers to sign paperwork concerning the completion of work before Summit has confirmed completion of the work with the customers;
- threatening or intimidating any customer or former customer of Summit who posts a negative review online or in any other medium or provides information in connection with any law enforcement investigation of defendants’ misconduct; or
- destroying, deleting, removing, or transferring any and all business, accounting, and other records concerning defendants’ operations.
“The complaint alleges that Summit Contracting, Inc. and its owners are engaging in a scheme to rip off both customers and financial institutions,” said United States Attorney Krueger. “We are seeking a preliminary injunction to prevent defendants from harming any more victims while the suit continues. This action underscores the United States Attorney’s Office’s commitment to combat fraud schemes aggressively.”
The United States is represented in this matter by Assistant United States Attorney Emily A. Constantine.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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U.S. Attorney and FBI Announce Missing and Murdered Indigenous Persons InitiativeRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder and FBI Special Agent in Charge Jeffery Peterson announce the District of Alaska’s role in the Missing and Murdered Indigenous Persons (MMIP) Initiative, a national strategy to address missing and murdered Alaska Natives and Native Americans, recently launched by U.S. Attorney General William P. Barr on Nov. 22, 2019. Federal prosecutors and the FBI are to enhance investigations into missing persons, develop protocols for law enforcement, improve data collection and analysis, and provide training and technical assistance.
The strategy has three parts:
Establish MMIP coordinators: The U.S. Attorney’s Office in Alaska will receive funding for one MMIP Coordinator. The MMIP Coordinator will work closely with federal, tribal, state, and local agencies to develop common protocols and procedures for responding to reports of missing or murdered indigenous people.
Specialized FBI Rapid Deployment Teams: In response to the Ashley Johnson-Barr abduction and murder in Kotzebue, Alaska, the FBI deployed a variety of specially trained personnel and equipment. As a result of that case, the Anchorage FBI organized the first of its kind “state based” Child Abduction Rapid Deployment (CARD) Team, by training members of state and local law enforcement in the specialized techniques used by the FBI’s national CARD. These techniques directly apply to any missing person case and call upon the specialized skills described in the Attorney General’s initiative. Upon request by a tribal, state, or local law enforcement agency, the FBI will provide expert assistance based upon the circumstances of a missing indigenous persons case. The FBI’s most advanced response capabilities will be brought to bear on these cases: such as CARD teams, Cellular Analysis Support Teams, Evidence Response Teams, Cyber Agents for timely analysis of digital evidence/social media, Victim Services personnel, and others assets as needed.
Comprehensive Data Analysis: The Attorney General’s initiative states the Department will perform in-depth analysis of federally supported databases and analyze data collection practices to identify opportunities to improve missing persons data and share the results of this analysis with our partners in this effort. The Anchorage FBI, in close coordination with the Alaska State Troopers, began analyzing all Alaska missing persons data in July, 2019. This study was conceived as a result of the number of cases involving missing Alaska Natives in order to arrive at an accurate, defendable number of reported missing persons and the circumstances surrounding each case. The FBI and the Alaska State Troopers hope to have publicly releasable information regarding the study in the coming months.
More broadly, the MMIP Initiative will involve a coordinated effort by more than 50 U.S. Attorneys on Attorney General’s Native American Issues Subcommittee (NAIS, including U.S. Attorney Schroder), the FBI, and the Office of Tribal Justice with support from the Office of Justice Programs (OJP) and the Office on Violence Against Women (OVW).
“Attorney General Barr’s Missing and Murdered Indigenous Persons Initiative will enhance public safety partnerships in rural Alaska,” said U.S. Attorney for the District of Alaska Bryan Schroder, “helping us provide justice for families mourning a murder victim or assistance to communities searching for a missing friend or neighbor.”
Special Agent in Charge Peterson added: “The FBI has been and will continue to be a reliable partner to our state and local counterparts as we work to support the Alaska Native population. Through surging investigative capacity, providing specialized skills and training, performing data analysis, or the deployment of national assets, we remain committed to serving the Alaska Native community.”
This announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination, and action on public safety in American Indian and Alaska Native communities.
Tioga County Man Sentenced to 109 Months for Receipt and Possession of Child PornographyRead the Press Release
BINGHAMTON, NEW YORK –Mahkya Searles, age 23, of Tioga County, New York, was sentenced yesterday to 109 months in prison, to be followed by 15 years of supervised release, for his receipt and possession of child pornography. The announcement was made by United States Attorney Grant C. Jaquith and James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Searles admitted that, from April 2018 through March 10, 2019, he searched for and downloaded child pornography from the Internet, and that on March 20, 2019 he possessed more than 30 images of child pornography on his phone, some of which involved prepubescent minors.
In imposing sentence, Senior United States District Judge Thomas McAvoy found that Searles had a prior pattern of activity involving the sexual abuse or exploitation of a 5-year old child. Upon release from imprisonment, Searles must also register as a sex offender.
This case was investigated by the Tioga County Sheriff’s Department, Athens Police Department, and the FBI, and was prosecuted by Assistant U.S. Attorney Kristen Grabowski, as a 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). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Tax Evader Sentenced to 18 Months in Federal PrisonRead the Press Release
A man who failed to pay income taxes for at least five years and then evaded paying back taxes for at least seven years was sentenced November 26, 2019, to a year-and-a-half in federal prison.
Scott Wallace, age 53, from Fort Dodge, Iowa, received the prison term after a July 11, 2019 guilty plea to one count of attempting to evade and defeat the payment of taxes.
At the guilty plea and in a plea agreement, Wallace admitted he ran a trucking business from 2000 to 2006, made income during those years, but failed to file income tax returns for 2002 through 2006. The Internal Revenue Service (IRS), however, calculated that he owed $130,903 in taxes for those years. After learning that he owed back taxes, Wallace willfully attempted to evade paying those taxes from 2008 through 2015. For example, in 2012 and 2013, Wallace was working in the trucking industry in North Dakota. Wallace had the income he was making deposited into bank accounts he had opened in his son’s name, but that he controlled and used.
Wallace took other steps to avoid paying taxes, including hiding assets and income from the IRS, using his son’s name and the name of a business to hide the fact that he made over $350,000 between 2012 and 2014, buying two trucks and a house in other names, and using a defunct business’s bank account. In total, Wallace hid the fact that he made $1,205,433 from 2007 through 2014 from the IRS to avoid having to pay his back taxes. In May 2016, a civil judgment was entered against Wallace, ordering him to pay $313,853.88 in back taxes.
Wallace was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Wallace was sentenced to 18 months’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Wallace is being held in the United States Marshal’s custody until he can be transported to a federal prison because he violated numerous conditions of his release while awaiting sentencing.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Internal Revenue Service – Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-cr-3001.
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St. Thomas Airport Traveler Charged After Being Stopped with Approximately 136 Grams of CocaineRead the Press Release
St. Thomas, USVI – Aubrey Meyers was charged with possession of cocaine, United States Attorney Gretchen C.F. Shappert announced.
The court filings allege that Meyers purchased a ticket for a flight leaving the Cyril E. King Airport in St. Thomas on October 27, 2019. At the airport, Meyers was referred to secondary inspection. A search of his luggage uncovered five small clear plastic bags containing approximately 136 grams of a white powdery substance that field tested positive for the presence of cocaine.
This case is being investigated by Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Adam Sleeper.
United States Attorney Shappert reminds the public that an information is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Sioux Falls Woman Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman convicted of Theft of Government Funds was sentenced on November 26, 2019, by U.S. District Judge Karen E. Schreier.
Sina Crowe, age 32, was sentenced to 3 years of probation, $14,222.10 in restitution to the Social Security Administration, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crowe was indicted by a federal grand jury on July 9, 2019. She pled guilty on August 22, 2019.
The conviction stemmed from an incident between, on, or about July 1, 2017, and April 1, 2019, when Crowe willfully and knowingly embezzled, stole, purloined, and converted to her own use, money from departments or agencies of the United States, namely, Title XVI program benefits payments made to her deceased grandmother, Sharon Black Bear. The Title XVI program is administered by the United States Social Security Administration (SSA),
In approximately January 1999, Crowe’s grandmother began to receive Title XVI supplemental security income (SSI) benefits. She was her own payee. In February 2017, Crowe’s grandmother moved in with Crowe and her three minor children. At that time, Crowe’s grandmother was receiving her benefits payment via paper U.S. Treasury checks.
Crowe’s grandmother died on June 11, 2017 and SSA was not notified of her death. From July 1, 2017, through May 1, 2018, her benefits checks continued to be issued and mailed to Crowe’s address in Sioux Falls. Crowe received and negotiated these checks by either endorsing the checks in her own name or forging her deceased grandmother’s name. Crowe used the funds for her own purposes.
On May 10, 2018, SSA mailed a notice to Crowe’s grandmother confirming that the benefits payments would be deposited on a Direct Express card instead of being issued via paper check. The Direct Express card was issued in the grandmother’s name and was mailed to Crowe’s address in Sioux Falls. From June 1, 2018, through April 1, 2019, the payments were deposited on the Direct Express card. Crowe received the card and used the funds for her own purposes.
This case was investigated by the Social Security Administration, Office of the Inspector General. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Serial Child Sex Offender Sentenced to 15-Years in Federal PrisonRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that Robert Walls, 28, was sentenced on Nov. 26, 2019, to 15-years in federal prison followed by a life term of supervised release by U.S. District Judge Sharon L. Gleason for coercion and enticement of three minor victims in Anchorage.
Walls was indicted in this case in July, 2018. At that time, he was enlisted in the United States Army, stationed at Joint Base Elmendorf-Richardson (JBER) in Anchorage, Alaska, and aware that he was the subject of an investigation by the Anchorage Police Department regarding his activities, which continued even after APD served a search warrant at his barracks.
Investigation revealed that while Walls was stationed at JBER and residing in base housing the winter of 2017 through early spring of 2018, he used various social media applications to meet, groom, and entice female children between the ages of 14 and 16 for the purpose of engaging in sexual activity, including the production of child pornography. Walls admitted to his conduct in regards to three identified victims, but social media account searches exposed several additional potential victims whose identity has not yet been established. All unidentified victims are encouraged to contact APD.
Walls lied about his age to juvenile females in order to groom and entice juvenile females in Anchorage for sexual exploitation. Walls went so far as to smuggle juveniles onto base facilities by hiding them in his vehicle and smuggling them in through his first-floor bedroom window.
Anchorage Police Department (APD) Crimes Against Children Unit (CACU) received a report from a courageous victim once she learned of Walls’ true age, his relationship with another juvenile, and the potential of being exposed to a sexually transmitted infection (STI).
The Anchorage Police Department (APD) Crimes Against Children Unit (CACU) conducted the investigation leading to the successful prosecution of this case, which was prosecuted by Assistant U.S. Attorney Adam Alexander.
Registered Nurse Sentenced to 18 Months in Federal Prison for Stealing Opioids from Elderly PatientRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of LA VANG, 27, to 18 months in prison for stealing prescription pain medication from his patient. VANG, who pleaded guilty on May 28, 2019, was sentenced on November 26, 2019, before Judge Nancy E. Brasel in U.S. District Court in St. Paul, Minnesota.
“As a registered nurse, Mr. Vang abused his position of trust and caused harm to a vulnerable victim only to feed his own addiction. This sentence, which is an upward departure from the sentencing guideline range, is appropriate for this defendant’s conduct,” said United States Attorney Erica MacDonald.
“Patients and their families rely on the knowledge that they will receive FDA-approved medications to manage their pain,” said Special Agent in Charge William P. Conway, FDA Office of Criminal Investigations, Chicago Field Office. “We will continue to pursue and bring to justice healthcare professionals who put their patients’ health at risk by tampering with their pain medications.”
“Temptation and addiction plague all professions,” U.S. Drug Enforcement Administration (DEA) Omaha Division Diversion Program Manager William Stockmann said. “A nurse taking advantage of those in need of home healthcare and medication is unbecoming and does significant harm to our communities. DEA continues to work with partners to identify individuals diverting medication and will prosecute them to the full extent of the law.”
According to the defendant’s guilty plea and documents filed in court, in April 2018, VANG, who was a registered nurse employed with Lifesprk Home Care, was assigned to work as a home healthcare nurse for an elderly woman in her 80’s who was recovering from multiple surgeries and prescribed controlled substance medication for her pain. Between April 2018 and August 2018, VANG fraudulently obtained from the patient oxycodone and hydrocodone by replacing her pain medication with similar-looking loratadine and acetaminophen tablets. During this time period the victim’s health declined precipitously. In July 2018, when the victim’s husband contacted Lifesprk to raise concerns, he learned that the period of care provided by the company ended on May 1, 2018, and that VANG was no longer employed by LifeSprk even though he had continued to visit the victim under the auspices of being a LifeSprk employee.
According to the defendant’s guilty plea and documents filed in court, following a report made by the victim’s family, law enforcement opened an investigation. On August 2, 2018, following VANG’s visit to the victim’s home, police conducted a traffic stop on VANG’s vehicle and found several empty prescription bottles for oxycodone in the victim’s name dated between April and June of 2018, as well as empty bottles of acetaminophen and Walgreen’s brand allergy medication (loratadine).
This case was the result of an investigation conducted by the U.S. Food and Drug Administration (FDA), Office of Criminal Investigations, the Drug Enforcement Administration, and the Columbia Heights Police Department, with assistance from the Anoka County Attorney’s Office.
Assistant U.S. Attorney Nathan H. Nelson prosecuted the case.
Defendant Information:
LA VANG, 27
Newport, Minn.
Convicted:
- Obtaining a controlled substance by fraud, 1 count
Sentenced:
- 18 months in prison
- One year of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Newport Man Sentenced to 156 Months for Conspiracy to Distribute Crystal MethamphetamineRead the Press Release
COVINGTON, Ky. – Timothy Fairless, 51, of Newport, Kentucky, was sentenced today to 156 months in federal prison, for conspiracy to distribute methamphetamine, by U.S. District Judge David Bunning. Fairless was also sentenced to 5 years of supervised release, following completion of his prison term.
Fairless previously admitted to conspiring with numerous others to distribute more than 1.5 kilograms of crystal methamphetamine, between August 2016 and March 2018. According to the plea agreement, numerous packages of crystal methamphetamine were sent through the mail from California by J. James Alarcon to Fairless, at various addresses in northern Kentucky. Fairless admitted to then distributing the methamphetamine to multiple individuals engaged in retail-level trafficking. Agents also seized seven firearms from conspiracy members in the course of the investigation.
Fairless was indicted in May 2018 and was the final member of the conspiracy to be sentenced. The following individuals were previously sentenced: Walter Nash received 240 months in prison; J. James Alarcon received 168 months; Dawson Hendricks received 138 months; Christopher Shouse received 120 months; Ryan Dawson received 60 months; Alisha Jones received 46 months; Cassie Scrivner received 39 months; Jennifer Ramos received 25 months; and Wanda Nash received 21 months. Under federal law, each Defendant must serve at least 85 percent of their prison sentence.
“Methamphetamine trafficked in the United States today is more potent and more dangerous than ever before. It is most frequently manufactured in Mexico and smuggled across the Southwest Border, from where it is shipped or transported across the country,” said U.S. Attorney for the Eastern District of Kentucky Robert M. Duncan Jr. “The defendants’ illegal receipt of shipments of methamphetamine in the U.S. mails contributed to methamphetamine use in northern Kentucky.”
U.S. Attorney Duncan, Eastern District of Kentucky; Christopher White, Assistant Inspector in Charge, Pittsburgh Division, Cincinnati Field Office, of the United States Postal Inspection Service; Chief Tom Grau, Florence Police Department; and Chief Robert Nader, Covington Police Department, jointly announced the sentences.
“People who use the mail to distribute dangerous drugs cause great harm to our communities, and they also place USPS employees at risk of exposure, not only to dangerous substances, but also to the violent crimes associated with drug dealers,” said Assistant Inspector in Charge for USPIS, Christopher White.
“The sentences imposed by the Court reflect the severity of the conduct and underscore the seriousness of the methamphetamine threat we face. I commend the work conducted and the cooperation exhibited by personnel from the United States Postal Inspection Service, the Covington Police Department, and the Florence Police Department,” said US Attorney Duncan. “Because of the dedicated efforts of the law enforcement personnel involved, the defendants are being held accountable for their actions.”
The investigation was conducted by the United States Postal Inspection Service, the Florence Police Department, and the Covington Police Department. The United States was represented by Assistant U.S. Attorney Tony Bracke.
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New Mexico Man Sentenced to 27 Months in Federal Prison for Making Bomb Threats to Georgetown School and WalmartRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen S. Landes, 29, of Roswell, New Mexico, was sentenced on November 27, 2019, to 27 months in prison by the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. Landes pled guilty in August 2019 to one count of Interstate Threats Concerning the Use of an Explosive.
According to court documents, on May 9, 2018, at approximately 1:43 p.m., Landes called the Walmart in Georgetown, Delaware from Roswell, New Mexico. Landes asked to speak with a manager. Landes impersonated a certain resident of Georgetown, Delaware and then stated that he had a bomb and a child hostage in the bathroom. Landes demanded twenty thousand ($20,000) dollars and threatened to blow-up the Walmart if he did not receive the money. Law enforcement from Georgetown Police, Delaware State Police and Delaware Natural Resources Police responded to the Walmart and evacuated the store. K9 units searched the Walmart but did not find any bomb.
A few minutes later, at approximately 1:56 p.m., Landes called Georgetown Elementary School. Landes claimed to be the same resident of Georgetown, Delaware as before and told the person who answered the phone that he had two children buried in his basement and that there was a bomb in the school. School administrators locked down the school and called 911. Law enforcement units from the Delaware State Police and the Georgetown Police Department responded to the elementary school immediately. K9 units searched the school but found no bomb or other threats.
Landes made the bomb threats for the purpose of “swatting” a Delaware resident. “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) to harass someone believed to be at the location of the purported emergency.
U.S. Attorney Weiss stated, “This defendant purposely targeted an elementary school because he knew that his bomb threat would cause an immediate and intense response by law enforcement. Georgetown Elementary School shares a campus with the Georgetown Kindergarten Center and Georgetown Middle School. Approximately 2,000 children were impacted by the defendant’s unconscionable actions. Children in our community deserve to attend school free from the fear and confusion caused by threats of this kind. Swatting calls also put law enforcement, the intended targets and innocent bystanders at unnecessary risk. My Office will prosecute those who engage in swatting activity to the fullest extent allowed by law and will seek sentences that reflect the seriousness of the offense.”
"Stephen Landes orchestrated an extensive, multi-faceted swatting campaign that caused a significant amount of angst, alarm, and unnecessary expenditure of limited law enforcement resources," said Special Agent in Charge Jennifer C. Boone, FBI Baltimore Field Office. "FBI Baltimore, working jointly with the Delaware State Police, the Georgetown Police Department and the Delaware United States Attorney's Office, hopes this sentence will deter others from engaging in similar criminal conduct."
"The actions of Stephen Landes exposed our community and first responders to unnecessary danger. I applaud the work of United States Attorney for the District of Delaware, Mr. Weiss, our F.B.I. partners and the Delaware State Police for their ongoing support and commitment to local law enforcement and the communities we serve," stated Georgetown Police Chief R.L. Hughes.
This case was investigated by the FBI-Baltimore Division’s Wilmington Resident Office with assistance from the Delaware State Police and was prosecuted by Assistant U.S. Attorney Adrienne Dedjinou.
Middlefield Man Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL CALLAN, 70, of Middlefield, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to six months of imprisonment, followed by one year of supervised release, for filing false tax returns that substantially underreported his income.
According to court documents and statements made in court, Callan is an emergency response consultant who operates Callan & Company, based in Middlefield, and the website MikeCallan.com. Callan was audited by the Internal Revenue Service in May 2015. At the time of the audit, Callan had not filed federal income tax returns for the 2010 through 2015 tax years. Callan subsequently signed and filed individual federal income tax returns for the 2010 through 2012 tax years that significantly underreported the income he received from his business. The returns were then filed by his tax preparer.
For 2010, Callan reported $151,533 in total income from Callan & Company, but actually earned $217,925; in 2011, Callan reported $146,071 in total income from Callan & Company, but actually earned $219,094, and in 2012, Callan reported $160,558 in total income from Callan & Company but actually earned $257,745.
Callan also received more than $276,000 in total income from Callan & Company for the 2013 through 2015 tax years, but failed to file a return for each of those years.
Callan owes the IRS $263,172 in back taxes, interest and penalties.
On May 29, 2019, Callan pleaded guilty to one count of filing a false tax return.
Callan, who is released on bond, is required to report to prison on February 26, 2020.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorneys Lauren C. Clark and Michael S. McGarry.
Michigan Doctor and Two Co-Conspirators Plead Guilty to Fraud, Kickback Violations Involving UAW Health Care FundRead the Press Release
Dr. April Tyler, a Fenton, Michigan area doctor, pleaded guilty to violating the anti-kickback statute on November 6, 2019. Dr. Tyler’s conspirators, Patrick Wittbrodt, 44, of Grand Blanc, Michigan and Jeffrey Fillmore, 31, of Clio, Michigan pleaded guilty to healthcare fraud on March 6, 2019 and November 19, 2019 respectively.
The defendants’ complex fraud and kickback scheme involved UAW members and medically unnecessary compounded pain creams, scar creams, pain patches and/or vitamins. According to court documents, the defendants caused an approximate $8,000,000 loss to Medicare and Blue Cross Blue Shield of Michigan (“BCBS”). Some of this money was stolen from UAW members’ prescription insurance accounts.
Court documents laid out the defendants’ scheme:
Due to the high reimbursement rate paid by Medicare and BCBS for prescription pain cream, scar cream, pain patches and/or vitamins defendants targeted these insurance plans. Defendant Fillmore had acquaintances and personal contacts at the UAW through his job and various family members. Defendants Fillmore, Wittbrodt and Tyler would then schedule time at various UAW meetings where defendants would tout pain cream, scar cream, pain patches and vitamins to the UAW members. An aspect of defendants’ presentation was that the UAW members could receive their prescriptions free -- without paying a prescription drug copay at the pharmacy. UAW members did not realize that acceptance of the “free” medications would cost their health care fund millions of dollars.
Defendants would then collect the UAW members’ insurance information along with their family members’ insurance information. Defendant Dr. Tyler would then authorize the pain cream, scar cream, pain patch and/or vitamin prescriptions for the UAW members and/or their family members. Defendant Dr. Tyler did not establish a valid doctor-patient relationship with any of the UAW members, did not perform a physical exam and did not determine medical necessity for the prescriptions she wrote for the UAW members. The prescriptions were not, therefore, legally eligible for reimbursement from the various insurance companies. Defendant Dr. Tyler also pre-signed prescription forms and allowed defendants Wittbrodt and Fillmore to choose which compounded creams, patches and vitamins to write on the prescriptions.
Defendant Wittbrodt directed the prescriptions to various pharmacies. The pharmacies would fill the prescriptions, bill the UAW members’ insurance and pay a monetary kickback to Wittbrodt. Defendant Wittbrodt would then provide remuneration to defendants Dr. Tyler and Fillmore from the kickback he received. The prescriptions were periodically re-filled and/or re-billed, regardless of whether the UAW member requested a refill or not. The prescription co-pay was waived at the pharmacy for the UAW members.
Also according to court records, each defendant has agreed to the following federal sentencing guidelines:
- Patrick Wittbrodt: 70-87 months in prison
- Dr. April Tyler: 18-24 months in prison
- Jeffrey Fillmore: 37-46 months in prison
““These unlawful prescriptions cost the UAW health care fund millions of dollars, and the end result was a rip-off of the hard working men and women of the union,” said United States Attorney Matthew Schneider. “We will continue to aggressively prosecute health care fraud, and step in to protect UAW workers across Michigan.”
“We rely on medical professionals to uphold the integrity of the prescription drug programs by only prescribing medications that are medically indicated and necessary. Circumventing this process solely for personal, financial gain compromises the integrity of these systems and takes away valuable healthcare dollars from patients who truly need the medications. HHS-OIG will continue to work with our law enforcement partners to protect and deter fraud within federal health care programs,” said Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General.
“Medical professionals and others should know that we will investigate and bring to justice those involved in illegal distribution of unneeded drugs,” said Special Agent in Charge William P. Conway, FDA Office of Criminal Investigations Chicago Field Office.
“This case demonstrates that collaboration between law enforcement and private insurance investigators is essential in prosecuting those responsible for federal healthcare fraud and kickback violations,” said by Dan Crowell, Blue Cross Blue Shield of Michigan, Director of Corporate and Financial Investigations.
This case was investigated by the United States Department of Health and Human Services – Office of Inspector General, the United States Food and Drug Administration and Blue Cross Blue Shield of Michigan, under the supervision of the U.S. Attorney’s Office for the Eastern District of Michigan. Assistant U.S. Attorney Michael Heesters and Wayne Pratt are prosecuting the case.
Mexican National with Prior Aggravated Battery Conviction Sentenced to Federal Prison after Multiple Illegal ReentriesRead the Press Release
MACON, Ga. – A Mexican national with a violent criminal history was sentenced to the maximum imprisonment term for illegal reentry into the United States, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Jose Zamudio-Jimenez, 34, of Mexico, was sentenced to 24 months in prison by U.S. District Judge Marc Treadwell on Wednesday, November 20, 2019. Defendant Zamudio-Jimenez has been returned to Mexico four times since 2010. On June 11, 2016, Defendant Zamudio-Jimenez was arrested in Lee County, Georgia, for aggravated battery and cruelty to children, and was convicted on those charges and sentenced to twenty years in prison. The defendant was released by the Department of Corrections on June 11, 2019 and taken into U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO) custody. The defendant entered a guilty plea in U.S. District Court on August 11, 2019 to a one-count indictment charging him with illegal reentry. Following his release, the defendant will be removed to Mexico. There is no parole in the federal system.
“Enforcing immigration laws remains a priority of this office, particularly when the offender has engaged in violent criminal acts in our country,” said U.S. Attorney Charlie Peeler. “I want to thank the Lee County Sheriff’s Office and ERO for their excellent work in this case.”
“We are thankful to our partners in the U.S. Attorney’s Office for their hard work and dedication in ensuring this dangerous criminal alien, who has no regard for U.S. laws, is prosecuted to the fullest extent of the law,” said ICE Atlanta Interim Field Office Director John Tsoukaris. “Arresting criminal aliens and protecting the integrity of our nation’s immigration laws remains the highest priority of the dedicated women and men of ICE. This case is another example of the important work they do daily to keep our communities safe.”
The case was investigated by the Lee County Sheriff’s Office and the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations. Assistant U.S. Attorney Amy Helmick prosecuted the case for the Government. Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Marty Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Marty, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 25, 2019, by U.S. District Judge Karen E. Schreier.
A’Shae Primeaux, age 21, was sentenced to 24 months in federal prison, 3 years of supervised release, restitution to the State of South Dakota Medicaid Program in the amount of $937.62, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Primeaux was indicted by a federal grand jury on January 8, 2019. He pled guilty on September 5, 2019.
The conviction stemmed from an incident on December 15, 2018, when Primeaux, who was very intoxicated at the time, entered a home without permission. While inside, he unlawfully assaulted two ladies who were visiting. He hit them with a shovel, striking both of them. One victim received seven stitches to her forehead, and the other victim required sutures to her scalp.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Primeaux was immediately turned over to the custody of the U.S. Marshals Service.
Marijuana Dealer Who Possessed Firearms Sentenced to Federal PrisonRead the Press Release
A man who admitted to police officers that he made marijuana products and that he lied about his drug use on forms to purchase firearms was sentenced November 26, 2019, to almost two years in federal prison.
Dustin Blake Herubin, age 24, from Cedar Rapids, Iowa, received the prison term after a July 1, 2019 guilty plea to possession with intent to distribute a controlled substance near a protected location and possession of firearms by a user of a controlled substance.
Information at sentencing showed that Herubin’s residence was struck by gunfire on October 11, 2018. Officers subsequently obtained a search warrant for the residence based on a strong odor of raw marijuana. Herubin told officers he was a marijuana user and that he had lied on federal forms to purchase gun, though he denied there were any guns in his residence. Officers recovered two loaded guns, marijuana, and drug paraphernalia from Herubin’s residence. In a plea agreement, Herubin admitted he possessed the marijuana with the intent to distribute it. Herubin’s cell phone contained photos of marijuana and marijuana products indicating the products were for sale.
Herubin was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Herubin was sentenced to 21 months’ imprisonment. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system.
Herubin is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see /media/1122011/dl?inline.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Cedar Rapids Safe Streets Task Force. The task force is composed of representatives from the Federal Bureau of Investigation and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-36.
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Man Once Comitted to Mental Institution Convicted of Possessing FirearmsRead the Press Release
Former security guard admits knowing he should not have had guns
GRAND RAPIDS, MICHIGAN — Joseph James Shingola II, age 50, of Comstock Park pled guilty yesterday to being a prohibited person in possession of firearms. Shingola was involuntarily committed to a mental institution in 1988, which made him ineligible to possess firearms under federal law. He did not disclose the commitment in subsequent applications to purchase guns and carry them as a security guard.
In August of 2018, Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) received information that Shingola had been committed, which they confirmed through Probate Court records. When they contacted Shingola to advise him he could not possess firearms, he denied having any and drove to his mother’s house in Grand Rapids. Agents executed search warrants at both residences and found seven firearms; including an AR-15 style assault rifle, and two semiautomatic pistols hidden under a mattress.
Since his arrest, Shingola claimed he believed his commitment had been voluntary, and that he would not have possessed firearms if he had known he was prohibited. On November 7, 2019, however, Shingola violated his bond by asking his daughter to buy him a gun. She refused.
After a contested hearing, the Hon. Philip J. Green, United States Magistrate Judge revoked the defendant’s bond and ordered him jailed pending trial. Shingola changed his plea, and admitted today that he knew he was a prohibited person when he possessed the firearms seized by ATF.
This case was not Shingola’s first firearms-related contact with law enforcement: In 2017, the Kent County Sheriff’s Office took his guns away temporarily after an episode of erratic behavior. In 2018, Shingola displayed a semiautomatic pistol during a traffic-related incident with another motorist. “Mental health issues and guns do not mix,” said U.S. Attorney Andrew Birge. “Federal law prohibits those who have been ordered committed to mental institutions from possessing firearms and my office and our partners at ATF will work to see that this does not happen.”
The defendant will be sentenced by the Hon. Janet T. Neff, United States District Judge, at a date to be set by the Court. He faces up to 10 years’ imprisonment, a $ 250,000 fine, and the forfeiture of all his firearms. This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. 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); and ensures that federal resources are directed at those posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-projectguardian-nationwide-strategic-plan.
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Lincoln Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Joe Kelly announced that Jeffrey T. Ehlers, 60, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 84 months in prison by Chief United States District Judge John M. Gerrard, for possession of child pornography. In addition to his prison sentence, Ehlers will be required to serve 12 years on federal supervised release and register as a sex offender.
In September of 2017, the Bellevue police department received a call for service from a group home leader. The caller reported that one of the foster children, a female minor, was having an inappropriate relationship with an adult male. The defendant Jeffrey T. Ehlers became a subject of interest in the investigation of the complaint.
On February 27, 2018, officers with the Nebraska State Patrol (NSP) went to Ehlers home. Ehlers consented to speak with the officers and through the course of his interaction with NSP officers, Ehlers admitted that child pornography might be found on the electronic devices in his home. Ehlers provided consent for the officers to seize and search his electronic devices including desktop and laptop computers. Upon examination of Ehlers’ devices more than 600 image files containing child pornography were found including videos and images of prepubescent minors engaged in sexually explicit conduct.
Additionally, there were files documenting Yahoo Messenger conversations between Ehlers and other Yahoo Messenger users. The messages contained content indicating that Ehlers was sending and receiving files containing child pornography with other Yahoo Messenger users.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Lebanon Woman Sentenced for Harboring FugitiveRead the Press Release
Abingdon, VIRGINIA – A Lebanon, Va., woman, who was previously convicted of harboring a fugitive, was sentenced yesterday to 48 months in federal prison, United States Attorney Thomas T. Cullen announced.
Desari Marie Schossig, 33, pleaded guilty in July 2019 to one count of harboring a fugitive.
“Assisting a fugitive to evade capture is a serious federal crime and one that can result in a lengthy prison sentence,” U.S. Attorney Cullen stated today. “We will continue to assist the U.S. Marshals Service with these important cases and hold those responsible for harboring fugitives accountable under federal law.”
According to court documents, in October 2018 the U.S. Marshals informed Schossig that a federal arrest warrant had been issued for Brandon Whitt, who the defendant was known to have been in a relationship with. Whitt was wanted on federal drug charges. From approximately December 2018 through early 2019, Schossig began staying overnight at a room being rented by Whitt. During this time, Schossig cooked meals for Whitt, drove him places, bought him groceries, and brought him food from local restaurants.
In March 2019, while Schossig was incarcerated on state charges, she communicated with Whitt, and others, via phone and email in order to help Whitt obtain account passwords, a phone, credit or debit cards, money, and to help him re-title a vehicle.
The investigation of the case was conducted by U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Cagle Juhan prosecuted the case for the United States.
Leader of Bronx Drug Distribution Organization Sentenced to 35 Years in PrisonRead the Press Release
Geoffrey S. Berman, United States Attorney for the Southern District of New York, announced that EDWIN ROMERO was sentenced yesterday to 35 years in prison for his role as the leader of a drug distribution organization centered on Weeks Avenue and East 175th Street in the Mount Hope neighborhood of the Bronx, including the murder of Jose Montalvo on May 13, 2004. ROMERO was sentenced by U.S. District Judge Loretta A. Preska, after previously pleading guilty to participating in a narcotics distribution conspiracy.
U.S. Attorney Geoffrey S. Berman said: “For nearly two decades Edwin Romero was the leader of a major drug organization, responsible for dozens of dealers selling dangerous drugs on the streets of the Bronx, and for numerous acts of violence committed at his direction. Romero was personally responsible for the cold-blooded murder of Jose Montalvo, whom he shot ten times in May 2004. The sentence imposed is just punishment for a man who for years held a community in the grip of violence and drugs. We thank our partners at Homeland Security Investigations and the New York City Police Department for their outstanding work on this case.”
According to the allegations in the superseding Indictment filed against EDWIN ROMERO and statements made in related court filings and proceedings:
Between at least 2000 until March 2017, ROMERO was a member and leader of a long-running narcotics conspiracy centered around East 175th Street and Weeks Avenue in the Bronx, New York. ROMERO and dozens of members of the conspiracy, including juveniles working at ROMERO’s direction, sold crack cocaine, powder cocaine, heroin, and marijuana every day on the streets and in buildings throughout the neighborhood. In the course of his participation in the conspiracy, ROMERO committed numerous robberies and acts of gun violence, including the May 13, 2004 murder of Jose Montalvo at the corner of East 175th Street and Monroe Avenue. He also provided guns to other members of the group, caused subordinates to commit shootings and robberies, and used threats and intimidation to maintain and expand the organization’s territory.
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Mr. Berman praised the outstanding investigative work of the Department of Homeland Security, Homeland Security Investigations, and the New York City Police Department.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Frank Balsamello, Matthew Hellman, and Anden Chow are in charge of the prosecution.
Lawrence Man Pleads Guilty to Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD - Yerfinson Gomez, 28, of Lawrence, pleaded guilty in federal court to participating in a conspiracy to distribute fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, Gomez was identified in January 2019 as a member of a fentanyl trafficking organization based in Lawrence, Massachusetts. On March 7, 2019, after undercover communications with Gomez’s drug supplier, Gomez met an undercover officer in Methuen, Massachusetts and sold six “fingers” (ten gram quantities) of fentanyl. On March 14, 2019, Gomez again met an undercover officer in Methuen and sold him four fingers of fentanyl. Finally, on March 20, 2019, in Methuen, Gomez provided another runner with over 12 fingers of fentanyl, some of which was to be used for a customer in New Hampshire. The runner brought the drugs to Manchester and sold nine fingers to an undercover. The runner later delivered the cash from the sale to Gomez in Methuen, and Gomez paid the runner one finger of fentanyl for making the delivery. Agents arrested Gomez shortly afterwards as he drove away with the cash.
Gomez is scheduled to be sentenced on March 27, 2020.
“Interstate fentanyl trafficking has caused tremendous damage to communities throughout New Hampshire,” said U.S. Attorney Murray. “It is of vital importance that we stop the flow of this lethal substance into our state. Accordingly, we will continue to work closely with all of our law enforcement partners to identify and prosecute the drug dealers who are responsible for its transportation and sale.”
“While Gomez was one part of a bigger drug trafficking operation, he remains accountable for his individual actions as proven in the course of our investigation,” said Jason J. Molina, Acting Special Agent in Charge for U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations, (HSI) Boston. “Together with our New Hampshire law enforcement partners, HSI is fighting the ongoing threat posed by fentanyl and opioid dealers like Gomez that has produced such devastating impacts in the lives of so many in our communities.”
This matter was investigated by the U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations, Manchester Police Department and the New Hampshire State Police. The case is being prosecuted by Assistant U.S. Attorney John S. Davis.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
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Justice Department Welcomes Texas Joining T-Mobile/Sprint SettlementRead the Press Release
Today, Texas is seeking to join the United States, Arkansas, Colorado, Florida, Kansas, Louisiana, Nebraska, Ohio, Oklahoma and South Dakota in the suit and proposed settlement relating to the proposed merger of T-Mobile and Sprint. The settlement requires a substantial divestiture package in order to launch Dish Network Corp., a Colorado-based satellite television provider, as a fourth nationwide provider of retail mobile wireless services. The settlement also will expedite the deployment of multiple high-quality 5G networks for the benefit of American consumers and entrepreneurs.
“We are pleased that Texas has joined other states in leaving the New York and California litigation and in deciding to join our settlement,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The merger, coupled with competition from DISH, will benefit Texans and American consumers nationwide.”
The Department’s Antitrust Division and now 10 co-plaintiff states have sued to block this transaction, and have agreed to settle the lawsuit based on the proposed settlement. That settlement, if approved by the court, would resolve the Justice Department’s and the co-plaintiff states’ competitive concerns.
Under the terms of the proposed settlement, T-Mobile and Sprint must divest Sprint’s prepaid business, including Boost Mobile, Virgin Mobile and Sprint prepaid, to Dish. The proposed settlement also provides for the divestiture of certain spectrum assets to Dish. Additionally, T-Mobile and Sprint must make available to Dish at least 20,000 cell sites and hundreds of retail locations. T-Mobile must also provide Dish with robust access to the T-Mobile network for a period of seven years while Dish builds out its own 5G network.
T-Mobile U.S. Inc. is a Delaware corporation headquartered in Bellevue, Washington. In 2018, T-Mobile posted revenues of more than $43 billion. Deutsche Telekom AG, a German corporation headquartered in Bonn, Germany, is the controlling shareholder of T-Mobile U.S. Inc.
Sprint Corporation is a Delaware corporation headquartered in Overland Park, Kansas. In 2018, its posted revenue was over $32 billion. Sprint is controlled by SoftBank Group Corp., a Japanese Corporation headquartered in Tokyo, Japan.
Justice Department Issues Business Review Letter to the GSMA Related to Innovative eSIMs Standard for Mobile DevicesRead the Press Release
The Department of Justice’s Antitrust Division announced today that it completed a nearly two-year long investigation into the standard-setting activities of the GSM Association (GSMA), a trade association for mobile network operators. The Antitrust Division’s investigation revealed that, in recent years, the GSMA used its industry influence to steer the design of eSIMs technology in mobile devices. In response to the investigation, the GSMA has drafted new standard-setting procedures that will incorporate more input from non-operator members of the mobile communications industry. The new standard-setting process will have a greater likelihood of creating procompetitive benefits for consumers of mobile devices; it will also curb the ability of mobile network operators to use the GSMA standard as a way to avoid new forms of disruptive competition that the embedded SIMs (eSIMs) technology may unleash.
The GSMA expressed its intent to adopt the new procedures in a request for a business review letter from the Antitrust Division. After completing its investigation, the division is today issuing a business review letter that expresses concern about the past procedures and some of the resulting provisions in the standard. The letter concludes, however, that the proposed changes appear to adequately address those concerns. In light of these planned changes, the Antitrust Division has no present intention to bring an enforcement action against the GSMA or its mobile network operator members.
“I am pleased that the GSMA is ready to use its standard-setting process to create a more consumer-friendly eSIM standard,” said Assistant Attorney General Makan Delrahim. “The GSMA’s old procedures resulted in certain eSIMs rules that benefitted only its incumbent mobile network operators at the risk of innovation and American consumers. The new procedures proposed going forward significantly reduce that risk and should result in new innovative offerings for consumers.”
The mobile communications industry has begun to migrate away from traditional SIM cards—a removable plastic card that is preprogrammed to connect to a single mobile network—and toward innovative eSIMs, which perform the same function as a SIM card but are soldered into the device and capable of being remotely programmed and re-programmed to connect to different operators’ mobile networks. The mobile industry refers to this process as Remote SIM Provisioning (RSP).
According to the Antitrust Division’s investigation, the GSMA and its mobile network operator members used an unbalanced standard-setting process, with procedures that stacked the deck in their favor, to enact an RSP Specification that included provisions designed to limit competition among networks. When standard-setting organizations are used in an anticompetitive manner, the division stands ready to evaluate that conduct under the antitrust laws and take whatever action is necessary to restore competition.
The GSMA is a non-profit association with its headquarters in London, United Kingdom, and additional offices throughout the world, including offices in Atlanta, Georgia, and San Francisco, California. The GSMA is a trade association representing mobile operators worldwide, including more than 750 operators and over 350 companies in the broader mobile ecosystem. GSMA’s membership includes all of the major mobile network operators worldwide, including the major, national carriers in the United States.
Under the Department of Justice’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the division currently intends to challenge the action under the antitrust laws based on the information provided. The department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.
Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division. After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure. Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at [email protected].
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Nov. 26 was:
Lynn Robert Kuntz, 40, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Kuntz faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Kuntz was released pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-144.
Patrick Bryan Cleveland, 39, of Billings, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Cleveland faces a minimum mandatory five years to 40 years in prison, a $5 million fine and at least five years of supervised release. Cleveland was detained pending further proceedings. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-144.
Jonathan Coey Beaumont, Sr., 44, of Pryor, on charges of aggravated sexual abuse of a minor. If convicted of the most serious crime, Beaumont faces a minimum mandatory 30 years to life in prison, a $250,000 fine and at least five years of supervised release. Beaumont was released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-143.
Roberto Castillo-Iscoa, 37, of Honduras, on charges of illegal re-entry. If convicted of the most serious crime, Castillo-Iscoa faces a maximum two years in prison, a $250,000 fine and one year of supervised release. Castillo-Iscoa was detained pending further proceedings. The case was investigated by Immigration and Customs Enforcement. Pacer case reference. 19-126.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Husband and wife sentenced to prison for health care fraudRead the Press Release
COLUMBUS, Ohio – A Hilliard couple were sentenced in U.S. District Court for conspiring to commit and committing health care fraud. The husband and wife owned and managed a pharmacy and Suboxone clinic in Dublin.
Darrell L. Bryant, 44, was sentenced to 84 months in prison and Gifty Kusi, 35, was sentenced to 24 months incarceration, including six months at a post-release facility and six months home confinement.
A jury convicted Bryant and Kusi following a two-week trial in December 2018.
Bryant and Kusi owned and managed Health and Wellness Pharmacy on Blazer Parkway in Dublin. Bryant, Kusi, and Dr. Jornell Rivera also owned and operated Health and Wellness Medical Center, a suboxone clinic, also located in Dublin. Rivera served as the Medical Director for the medical center.
According to court documents and testimony, Bryant, Kusi and their co-conspirators marketed prescription creams in low-income neighborhoods and mailed those creams to Medicaid customers. They also billed for counseling services that weren’t provided, and billed for individual counseling sessions that actually occurred in a group setting.
As part of the conspiracy, Medicaid was billed for compound creams to treat pain, scarring and acne. Health and Wellness Pharmacy billed Medicaid $2 million for the creams.
The pharmacy marketed the compound creams at Clinic 5 (a Suboxone clinic), Sav-a-Lot and through a mobile van unit. Patients with CareSource were targeted and told they were receiving free samples of pain cream. Then they began to receive more cream in the mail without requesting more. These were also billed to CareSource.
Customers at Sav-a-Lot and in low-income neighborhoods were asked to fill out a survey asking about any conditions that they suffered from. Then, they would receive the compound creams in the mail every month, even when customers directed the co-conspirators to stop sending them. Many of these customers never met with a doctor, nor did they know the prescribing physician.
“Exploiting the poor to cash in on the Medicaid program isn’t just immoral, it’s illegal,” Ohio Attorney General Dave Yost said. “I’m proud of my team and grateful to all our partners for bringing this pair to justice.”
Also as part of the health care fraud scheme, Health and Wellness Medical Center submitted fraudulent claims to Medicaid for psychotherapy services that were never rendered to patients.
Specifically, patients indicated they would sit in a room with a timer. When the timer went off, they were allowed to leave and receive their Suboxone prescription. No counseling services were provided during this time. Some patients reported coloring in coloring books during the time they were in the room.
Co-conspirators Rivera and Dr. Michael Alexander have pleaded guilty to making false statements related to health care matters. Alexander also pleaded guilty to conspiring to distribute controlled substances.
A jury convicted another co-conspirator, Dr. Bernard Oppong, 61, of Blacklick, Ohio, in May 2019. Oppong was convicted on five counts related to the health care fraud scheme.
“These defendants failed to provide quality care to their patients and used them to submit fraudulent claims to Medicaid in order steal taxpayer money” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General - Chicago Region. “The OIG will continue to work with our law enforcement partners to ensure that those who deceive patients and attack federally funded health care programs are held accountable.”
“Collaboration is essential for rooting out fraud and preserving the integrity of our health care system,” said State of Ohio Board of Pharmacy Executive Director Steven Schierholt. “I am grateful to our staff and our state and federal partners for bringing these individuals to justice.”
David M. DeVillers, United States Attorney for the Southern District of Ohio; Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General; Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Ohio Attorney General Dave Yost; and Steven W. Schierholt, Executive Director, State of Ohio Board of Pharmacy announced the sentences handed down yesterday evening by Chief U.S. District Judge Algenon L. Marbley. Assistant United States Attorneys Kenneth F. Affeldt and Maritsa A. Flaherty are representing the United States in this case.
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Georgia man indicted in $6.5+ million dollar online romance scam and business email compromise fraudRead the Press Release
ATLANTA - Nnamdi Marcellus MgBodile has been arraigned on twenty counts of bank fraud, money laundering, and conspiracy to commit bank fraud.
“Online romance scams and business email compromise frauds have increasingly become the method of choice for transnational fraudsters targeting U.S. residents and companies,” said U.S. Attorney Byung J. “BJay” Pak. “In this case, a single victim allegedly lost millions. This is a stark reminder that users of online dating websites should be aware of such scams and exercise extreme caution if asked for money by anyone online or over the phone.”
“This investigation and subsequent indictment demonstrates the commitment the Secret Service and our partners have in aggressively pursuing those who commit online fraud scams,” said Malcolm D. Wiley, Sr., Acting Special Agent in Charge of the United States Secret Service, Atlanta Field Office. “This case serves as a reminder to all, particularly during the holiday season, to ensure protocols related to cyber hygiene are observed.”
According to U.S. Attorney Pak, the charges, and other information presented in court: MgBodile was allegedly involved in two fraudulent schemes, a romance scam that defrauded a Virginia woman out of more than $6.5 million, and a business email compromise (“BEC”) scam in which MgBodile and others attempted to defraud a Georgia company of nearly $350,000.
Romance scams are a type of online fraud in which victims are targeted by individuals posing as potential paramours. The fraudsters create fake online dating profiles (often with photographs of attractive men or women) and use these fake personas to express a romantic interest in the victims in order to trick them into sending money to them or their co-conspirators under false pretenses. Romance scams frequently target vulnerable individuals who possess significant financial assets, such as retired widows or widowers.
The indictment alleges that at the end of November 2017 a Virginia woman, who had a sizable trust, met a person through an online site. She was soon convinced that she was in a romantic relationship with the defendant who she had come to know as “Jimmy Deere.” Over the next month, the victim communicated via email with Deere, whom she believed had fallen for her. Deere said he wanted to start a life with her and was excited to live with her, but first had to resolve an investment opportunity—an opportunity that was totally fraudulent and fictitious.
Deere told the victim that he was a fund manager and he was on the verge of receiving a sizeable commission (“the funds”) for services provided to an unnamed client. He explained to the victim that he needed her to be his “representative partner” and have the funds deposited into the victim’s bank account to avoid an alleged conflict of interest.
In January and February 2018, after luring the victim, Deere and conspirators started requesting via email that she pay various “fees” and “taxes” so that the funds could be released. Between approximately January 2, 2018 and February 12, 2018, and in response to representations made by Deere and others regarding the funds, the victim made approximately twenty-five wire transfers totaling more than $6.5 million from the victim’s trust account into various bank accounts. At least $1.1 million was wired to business bank accounts controlled by MgBodile. These bank accounts were for fake companies that did not have physical premises, earn legitimate income, or pay wages to employees. After the fraudulent funds hit the accounts controlled by MgBodile, he allegedly wired the funds to other accounts controlled by MgBodile, or overseas accounts in China and the Middle East.
BEC scams commonly involve an employee of a company who has been fooled into responding with email messages that appear to be, but are not, legitimate (“spoof emails”). Here, the indictment alleges that in March 2019, MgBodile and others attempted to defraud a Georgia company out of nearly $350,000 after the Georgia company received emails from what it believed was Oxford Finance, a company that had provided financing to the victim company. The emails fraudulently represented that the victim needed to wire Oxford Finance a quarterly payment rather than being drawn via ACH. None of the emails purporting to be sent from Oxford Finance was actually sent by Oxford Finance. Rather, these “spoof emails” were sent from a domain, “oxfordfiinance.com,” which appeared to be Oxford Finance’s, but was not. The emails also appeared to come from Oxford Finance because the purported sender is an actual employee of Oxford Finance and the email’s signature line contained Oxford Finance’s correct physical address.
Nnamdi Marcellus MgBodile, 35, of Marietta, Georgia, was arraigned on November 19, 2019 U.S. Magistrate Judge Janet F. King. A federal grand jury indicted MgBodile on November 6, 2019. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
The U.S. Attorney’s Office for the Northern District of Georgia is part of the Department Of Justice Transnational Elder Fraud Strike Force. The Strike Force focuses on investigating and prosecuting defendants associated with foreign-based fraud schemes that disproportionately affect American seniors. These include romance scams, phone scams, mass-mailing fraud schemes, and tech-support fraud schemes. For further information on these scams, see https://www.justice.gov/elderjustice/senior-scam-alert.
The U.S. Secret Service is investigating this case.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Tucson Man Found Guilty of Tax EvasionRead the Press Release
TUCSON, Ariz. – Last week a federal jury found Van Raymond Brollini, 70, a former resident of Tucson, Ariz., guilty of tax evasion, corrupt interference with tax administration, and four counts of failure to file a tax return. The case was tried before U.S. District Judge Cindy K. Jorgenson. Sentencing is scheduled for January 29, 2020.
The evidence presented at trial demonstrated that Brollini, a former engineer at National Semiconductor Corporation, willfully evaded payment of taxes from 2002 through 2004 and failed to file a return as required for four consecutive years.
A conviction for tax evasion carries a maximum penalty of 5 years’ imprisonment, a $250,000 fine, or both. A conviction for corrupt interference with tax administration carries a maximum penalty of 3 years’ imprisonment, a $250,000 fine, or both. A conviction of failure to file carries a maximum penalty of one year imprisonment, a $100,000 fine, or both.
The investigation in this case was conducted by Internal Revenue Service Criminal Investigation. The prosecution was handled by the Financial Crimes Unit of the U.S. Attorney’s Office, District of Arizona, Tucson.
Former Suamico and Kaukauna Used Car Dealer John Solberg Indicted on Fifteen Counts of FraudRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on November 26, 2019, a federal grand jury returned an indictment against John M. Solberg (age: 37), of Green Bay, Wisconsin on a charge of conspiracy to commit mail, wire, and bank fraud, contrary to Title 18, United States Code, Section 1349; one count of mail fraud, contrary to Title 18, United States Code, Section 1341; and thirteen counts of wire fraud in violation of Title 18, United States Code, Section 1343.
The indictment alleges that Solberg conspired to “defraud automobile sellers, automobile buyers, financial institutions, and others through the use of the United States mail, by means of interstate wire communications, and by concealing material facts from federally insured financial institutions.” It further alleges that Solberg and others working at his direction “sought out individuals advertising their automobiles for sale on Craigslist … and convinced them to turn over their automobiles to be sold on consignment.” Solberg is alleged to have then sold the vehicles without approval and without notifying the owners of the sale. Solberg then allegedly created counterfeit vehicle titles, allowing the purchaser of the vehicle to believe they “owned the vehicle free and clear of any liens.”
Solberg is alleged to have operated, directed, and supervised dealerships under the names “Backwoods Bargains,” “Standard Pre-Owned,” “Suamico Investment Group,” and “Bella Investments, LLC” at locations in Suamico and Kaukauna, Wisconsin.
“Fraud schemes not only harm their victims but also erode trust within communities, making people less willing to engage in commerce with each other,” said United States Attorney Krueger. “These charges demonstrate a strong commitment by law enforcement at all levels to investigate and prosecute fraud aggressively.”
The conspiracy count carries a maximum of 30 years’ imprisonment and up to a $1,000,000 fine. The remaining counts each carry a maximum of 20 year’s imprisonment and up to a $250,000 fine.
This case was investigated by the Brown County Sheriff’s Office, the Wisconsin Department of Transportation, Division of Motor Vehicles, the Kaukauna Police Department, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Florence Man Sentenced to 8 Years for ShootingRead the Press Release
PHOENIX, Ariz. – On November 25, 2019, Michael Joseph Davis, 36, of Florence, Arizona, was sentenced by U.S. District Judge Dominic W. Lanza to 8 years in prison, to be followed by 3 years of supervised release. The defendant pleaded guilty on August 12, 2019, to Assault Resulting in Serious Bodily Injury.
On October 7, 2018, the defendant shot the victim three times with a shotgun, causing serious bodily injury. The shooting took place on the Gila River Indian Community, and both the defendant and victim were Gila River tribal members.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Raynette Logan, Assistant U.S. Attorney, District of Arizona, Phoenix.
Final member of federal firearms dealer burglary crew convicted following a jury trialRead the Press Release
ROME, Ga. - Demontra Sharod Lucear has been convicted by a jury of conspiring to steal guns from federally licensed firearms dealers and to possessing stolen firearms. Lucear was one of seven defendants charged with conspiracy to burglarize ten gun stores in Georgia and Alabama from October through November 2015.
“Burglarizing gun stores and trafficking those stolen guns to convicted felons and other prohibited persons presents a serious threat to our community,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to our federal, multi-state, and local law enforcement partners, Lucear and his co-defendants are off the streets and can no longer continue their criminal enterprise.”
“Anyone who steals guns does so for one purpose,” said ATF Special Agent in Charge Arthur Peralta. “They steal guns to use them in a violent criminal act. These seven individuals did not consider the harm they would cause by putting these guns on the street. I sincerely hope their arrest and conviction serves to deter anyone else who would consider this type of criminal act. Georgia law enforcement agencies are working together to identify and arrest anyone who steals guns.”
According to U.S. Attorney Pak, the charges and other information presented in court: Lucear and his six co-defendants burglarized seven federally licensed firearms dealers, and attempted to burglarize three more, between October and November 2015. In all, the crew stole 132 firearms which they later sold to others. Law enforcement officers recovered several of the firearms during criminal arrests. Lucear’s co-defendants previously pleaded guilty as follows:
- On July 18, 2016, Eric Jerome Moore pleaded guilty to theft of firearms from a federally licensed firearms dealer and to being a felon in possession of a firearm;
- On June 24, 2016, Jakeisia Miller pleaded guilty to conspiracy to steal firearms;
- On July 25, 2016, Dillon James Leborgne pleaded guilty to conspiracy to steal firearms, and theft of firearms, from a federally licensed firearms dealer;
- On August 1, 2016, Jacquez Miller pleaded guilty to theft of firearms from a federally licensed firearms dealer;
- On November 14, 2016, Jameel Yusuff Drinkard pleaded guilty to conspiracy to steal firearms, and theft of firearms, from a federally licensed firearms dealer, and to being a felon in possession of a firearm; and
- On November 17, 2016, Terry Eugene Brown pled guilty to conspiracy to steal firearms, and three counts of theft of firearms, from a federally licensed firearms dealer.
Sentencing for Demontra Sharod Lucear, 29, of Atlanta, Georgia, is scheduled for January 6, 2020, at 1:00 p.m. before United States District Judge Mark H. Cohen. In determining Lucear’s actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating this case. Agents of ATF worked closely with multi-state and local law enforcement offices to connect the thefts and develop information on the conspirators. These agencies include the Tallapoosa Police Department, Dalton Police Department, Clayton County Police Department, Bibb County Sheriff’s Office, Monroe Police Department, Thomson Police Department, Athens-Clarke County Police Department, Warner Robbins Police Department, Lagrange Police Department, and the Pearl, Mississippi Police Department.
Assistant U.S. Attorney Jennifer Keen is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
- On July 18, 2016, Eric Jerome Moore pleaded guilty to theft of firearms from a federally licensed firearms dealer and to being a felon in possession of a firearm;
Federal Inmate Sentenced for Stabbing Another InmateRead the Press Release
TUCSON, Ariz. –Christopher Betances, 34, of New York, New York, was sentenced by U.S. District Judge Jennifer G. Zipps to 57 months of imprisonment followed by three years of supervised release. Betances had previously pleaded guilty to assault with a dangerous weapon.
On November 19, 2017, Betances, while serving time in a federal penitentiary, stabbed another inmate in the face, neck, and upper body areas with a shank.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Bureau of Prisons. The prosecution was handled by Assistant U.S. Attorneys Raquel Arellano and Corey J. Mantei, District of Arizona, Tucson.
Fayetteville Man Sentenced to More than 6 Years for Gun OffenseRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court yesterday, Chief United States District Judge Terrence W. Boyle sentenced DAIQONE MICHAEL HOFMAN, 25, of Fayetteville, North Carolina, to 75 months’ imprisonment, followed by a 3 year term of supervised released.
On March 21, 2019, HOFFMAN was named in a one-count Indictment in which he was charged with Felon in Possession of a Firearm. On July 29, 2019, MALLOY pled guilty to the Indictment.
On August 27, 2018, HOFFMAN was in the passenger seat of a vehicle that was stopped at a red light at the intersection of Morgantown Road and Skibo Road in Fayetteville, NC. HOFFMAN exited the vehicle with a gun in hand and approached a vehicle that was also stopped in the adjacent lane. HOFFMAN fired two shots at the victim vehicle before fleeing on foot. One shot hit the driver of the other vehicle, while the other shot struck the frame of the victim’s vehicle. Officers with the Fayetteville Police Department responded and quickly apprehended HOFFMAN after a brief pursuit.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation in this matter. Assistant United States Attorney Bryan M. Stephany prosecuted the case for the government.
Fayetteville Man Sentenced for Narcotics and Firearms ViolationsRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge Terrence W. Boyle sentenced BERNARD HARVEY FERGUSON, 33, of Fayetteville, North Carolina to 100 months imprisonment, followed by 5 years of supervised release.
FERGUSON was named in a two-count Criminal Information filed on July 15, 2019 charging him with possession with intent to distribute 100 kilograms or more of marijuana, 280 grams or more of cocaine base (Crack), and 500 grams or more of cocaine (Count One), and possession of firearms in furtherance of a drug trafficking crime (Count Two). On August 8, 2019, FERGUSON pled guilty to those charges.
On March 12, 2018, investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were notified by the Texas Highway Patrol of a large drug trafficking organization that was delivering marijuana to an address on Milford Road in Fayetteville, and began investigating that residence. A vehicle parked outside of the residence was identified as being registered to FERGUSON. FERGUSON was also identified as having the public utility services for the residence registered in his name.
The same day, investigators made contact with FERGUSON at the Milford Road residence and executed a search warrant of the residence. During the search, investigators located in the kitchen: a plastic bag containing approximately 32.9 grams of cocaine base; baking soda; three digital scales; a stolen .40 caliber Glock handgun which was loaded with a high-capacity magazine; a locked briefcase which contained several large bags of cocaine; seven bags of cocaine base; a gallon-sized bag of marijuana; a box for a Smith and Wesson .40 caliber handgun; a handgun holster; and, more marijuana.
In the dining room, investigators found a storage container holding twenty gallon-sized bags of marijuana.
In the garage, investigators located nine large bales of marijuana wrapped in cellophane, each weighing between 48 to 67 pounds.
In the master bedroom, investigators discovered a stolen .40 caliber Smith and Wesson handgun, 4 gallon sized storage bags of marijuana, and approximately one ounce of cocaine. In a second bedroom, investigators recovered another loaded .40 caliber Smith and Wesson handgun and a backpack with three semi-automatic handguns (one of which was reported stolen) as well as magazines and ammunition. The Drug Enforcement Agency laboratory determined the drugs seized to be 735 grams of cocaine, 307 grams of cocaine base (crack), and 193 kilograms of marijuana.
FERGUSON admitted to investigators that the house was his and claimed ownership of the marijuana, cocaine, cocaine base (crack), and all of the seized firearms. FERGUSON stated that the large bales of marijuana were going to be broken down into 1-pound increments and sold. FERGUSON additionally stated that he purchased the cocaine in powder form and had a friend convert a portion of it to crack cocaine at the residence.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Drug Enforcement Administration (DEA) and the Fayetteville Police Department investigated this case. Assistant United States Attorney Scott Lemmon represented the government.
Duo Indicted for Odometer Tampering and Conspiracy in Northeast WisconsinRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on November 26, 2019, a federal grand jury returned an indictment against Robert J. Solberg (age: 35), of Green Bay, Wisconsin, and Joshua A. Taylor (age: 38) of Crivitz, Wisconsin, on charges of criminal conspiracy and odometer tampering, contrary to Title 18, United States Code, Sections 371 and 2; as well as Title 49, United States Code, Sections 32703(2) and 32709(b).
The indictment alleges that Solberg and Taylor purchased used vehicles and subsequently altered or replaced the odometers on those vehicles before selling them to unsuspecting buyers. The indictment alleges that hundreds of thousands of miles were removed from some vehicles prior to sale. Solberg and Taylor are also alleged to have misrepresented the age of the vehicles in order to increase profits.
Upon conviction each defendant faces up to 5 years’ incarceration on the conspiracy count and up to 3 years’ incarceration as to each tampering count. As to each count, the defendants face a fine of up to $250,000.
This case was investigated by the Green Bay Police Department with the assistance of the Wisconsin Department of Transportation, the National Highway Traffic Safety Administration, Office of Odometer Fraud Investigation, and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove them guilty beyond a reasonable doubt.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Doctor Pleads Guilty in Manhattan Federal Court to Scheme to Illegally Distribute Massive Quantity of OxycodoneRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that Dr. EMMANUEL LAMBRAKIS, a state licensed doctor, pled guilty to conspiring to unlawfully distribute medically unnecessary oxycodone. LAMBRAKIS pled guilty on November 26, 2019 before U.S. District Judge William H. Pauley III, and will be sentenced by Judge Pauley on February 7, 2020. LAMBRAKIS previously pled guilty on March 1, 2018 before U.S. Magistrate Judge Gabriel W. Gorenstein, but later withdrew his plea. Trial against LAMBRAKIS had been scheduled to start on December 2, 2019.
According to the Complaint, the Indictment to which LAMBRAKIS pled guilty, and other court documents, as well as statements made in public court proceedings:
Oxycodone is a highly addictive, narcotic opioid that is used to treat severe and chronic pain conditions. Oxycodone prescriptions are in high demand and have significant cash value to drug dealers. In fact, oxycodone tablets can be resold on the street for thousands of dollars. For example, 30-milligram oxycodone tablets have a current street value of approximately $20 to $40 per tablet in New York City, with street prices even higher in other parts of the country. A single prescription for 120 30-milligram tablets of oxycodone can net an illicit distributor $2,400 in cash or more.
From at least approximately January 2011 until December 2016, LAMBRAKIS operated two medical clinics in Queens, New York, where LAMBRAKIS wrote numerous medically unnecessary prescriptions for large quantities of oxycodone in exchange for cash payments. LAMBRAKIS typically charged between $250 to $150 in cash for “patient visits,” and these visits often involved numerous “patients” being seen by LAMBRAKIS at the same time in the same examination room. During these “patient visits,” LAMBRAKIS would perform simple, perfunctory body manipulations (such as rotating the patient’s arm or leg) and engage in little or no conversation with the purported “patient.” Nonetheless, LAMBRAKIS would then issue to the patient a prescription for a large quantity of oxycodone, most often 120 30-milligram tablets or more.
Between January 2011 and December 2016, LAMBRAKIS wrote thousands of oxycodone prescriptions, resulting in the illicit distribution of more than two million oxycodone tablets, which have a street value in the tens of millions of dollars. On numerous occasions, LAMBRAKIS wrote 100 or more prescriptions for 30-milligram oxycodone pills in a single day. As a result of LAMBRAKIS’s actions, LAMBRAKIS collected approximately more than $2 million in fees from his “patients.”
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LAMBRAKIS, 72, of Manhattan, New York, pled guilty to one count of conspiring to unlawfully distribute and possess with intent to distribute oxycodone. This offense carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the DEA’s Tactical Diversion Squad, which comprises agents and officers from the DEA, the NYPD, the New York State Police, Town of Orangetown Police Department, Rockland County Drug Task Force, Westchester County Police Department, and New York City Department of Investigation. He also acknowledged the assistance of the Department of Health & Human Services, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the New York City Human Resources Administration, and the National Insurance Crime Bureau.
The case is being prosecuted by the Office’s Narcotics Unit. Assistant U.S. Attorneys Kimberly J. Ravener, Jessica K. Fender, Ryan Finkel, Sarah Mortazavi, and Joshua A. Naftalis are in charge of the prosecution.
Dilkon Man Sentenced to Prison for Sexual Abuse of a MinorRead the Press Release
PHOENIX, Ariz. – On November 12, 2019, Cody Mitchell, 28, of Dilkon, Arizona, was sentenced by Chief U.S. District Judge G. Murray Snow to 57 months in prison followed by 30 years of supervised release. Mitchell had previously pleaded guilty to one count of Sexual Abuse of a Minor.
Mitchell admitted that he committed a sexual act against the victim, who was then under the age of 16 years. The sexual abuse took place on the Navajo Nation Indian Reservation, where Mitchell and the victim are members.
The investigation in this case was conducted by the FBI and the Navajo Nation Department of Criminal Investigations. The prosecution was handled by Sharon Sexton and Brian Kasprzyk, Assistant U.S. Attorneys, District of Arizona, Phoenix
Detroit Man Sentenced to 90 Months for Trafficking HeroinRead the Press Release
COVINGTON, Ky. - A Detroit man, Aaron Smith, 46, who previously admitted to possessing over 300 grams of heroin with the intent to sell it, was sentenced Wednesday to 90 months in federal prison by U.S. District Judge David L. Bunning.
According to Smith’s guilty plea, he admitted to possessing 308 grams of heroin in route from Detroit, with the intention to deliver and distribute the heroin in Lexington, Kentucky. He was stopped on Interstate 75 by law enforcement, who seized the drugs which were hidden behind the dashboard of the vehicle.
Smith pleaded guilty in May 2019. Smith was previously convicted in 2012, for trafficking in heroin and codeine, in the Jefferson Circuit Court.
Under federal law, Smith must serve 85 percent of his prison sentence; and upon his release, he will be under the supervision of the U.S. Probation Office for 5 years.
Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky, and Commissioner Richard Sanders, Kentucky State Police, jointly announced the sentence.
The investigation was conducted by Kentucky State Police. The United States was represented by Assistant U.S. Attorney Wade Thomas Napier.
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Department of Justice Announces Update to Policy on Use of Unmanned Aircraft SystemsRead the Press Release
The Justice Department announced today the publication of its updated Policy on the Use of Unmanned Aircraft Systems. In light of advancements in unmanned aircraft system (UAS) technology, and lessons learned from the Federal Bureau of Investigation’s limited use of UAS, the Policy enables the Department of Justice’s law enforcement components to safely and responsibly employ UAS technology within a framework designed to provide accountability and protect privacy and civil liberties.
“UAS technology assists the Department in protecting public safety and, most importantly, reduces risks to officers and the public,” said Beth A. Williams, Assistant Attorney General for the Office of Legal Policy. “Our new policy promotes the responsible, appropriate, and effective use of UAS by the Department and can serve as a model for our state, local, tribal, and territorial public safety partners as they develop their own UAS programs and best practices.”
The Policy permits the use of UAS only in connection with properly authorized investigations and activities. It also requires compliance with the Constitution and all applicable laws and regulations, including regulations issued by the Federal Aviation Administration. Department of Justice components anticipate using UAS to support crime scene response and investigation, search and rescue, and site security, among other authorized uses. In order to ensure accountability and airspace safety, the Department requires UAS operations to be approved at an appropriate level and conducted by personnel who meet Department-wide training standards. Importantly, the new policy also requires components to evaluate UAS acquisitions for cybersecurity risks, guarding against potential threats to the supply chain and DOJ’s networks.
The Policy reflects the Department’s strong commitment to the protection of privacy and civil liberties, mandating annual privacy reviews of UAS programs and assessments of new UAS technology from a privacy perspective. It also places limits on data retention, generally requiring privacy sensitive data to be deleted within 180 days, unless certain exceptions are met.
In addition to utilizing UAS as a law enforcement tool, the Department takes seriously the threat posed by unlawful and unsafe uses of UAS. The Department has trained federal prosecutors and agents across the country on the criminal and civil enforcement tools available to counter the misuse of UAS, such as the use of drones to smuggle contraband into prisons or violate restricted airspace. Department of Justice personnel have also trained and collaborated with senior state, local, tribal, and territorial law enforcement officials who face this new threat on a daily basis. The Department welcomes lawful and beneficial uses of UAS, which promise to enhance the economy and transform the delivery of goods and the provision of critical services ranging from search-and-rescue to industrial inspections. At the same time, the Department will not hesitate to take action against those who threaten the safety of our skies and the public.
The updated Policy announced today draws on the Department’s long history of leveraging cutting-edge technology to protect the public while promoting our values and the rule of law.
The publication of the updated policy can be found here.
Defendant Found Guilty in Corruption Scheme Involving Introduction of Illegal Items into Federal PrisonRead the Press Release
Jackson, Miss. – After a seven day bench trial before United States District Judge Carlton W. Reeves, Kpanah Kollie, of Georgia, was found guilty yesterday of conspiracy to introduce contraband into a federal prison, announced U.S. Attorney Mike Hurst and Special Agent in Charge James F. Boyersmith with the Department of Justice Office of the Inspector General (DOJ OIG) Miami Field Office.
“Those who commit public corruption and participate in corrupt schemes endangering the public and others will swiftly be brought to justice by this office. I applaud the tenacity of the special agents, BOP personnel, and our federal prosecutors in prosecuting this difficult case. The actions by law enforcement here in stopping further cellphones and other contraband from entering the prison may have saved lives,” said U.S. Attorney Hurst.
“Contraband in federal prisons, such as the drugs and cell phones in this case, undermines the safety and security of staff, inmates, and the community. Today’s verdict shows that all persons involved in smuggling schemes, including persons outside the prison like Kollie, will be held accountable,” said James F. Boyersmith, Special Agent in Charge of the Department of Justice Office of the Inspector General Miami Field Office.
In 2015, Kollie worked with inmates and correctional officers at the federal prison in Yazoo City, Mississippi, to smuggle illegal contraband into the facility for prisoners. The illegal contraband included illicit drugs and unauthorized cell phones. Correctional officers introduced these items, inmates sold them within the prison to other prisoners, and Kollie and others ensured that the officers and inmates were paid for their efforts.
Kollie is the fourth defendant convicted for her role in the corrupt scheme. Two guards and one inmate previously pled guilty.
Kollie will be sentenced on March 3, 2020, by Judge Carlton W. Reeves. She faces a maximum penalty of 5 years in prison, followed by up to 3 years of supervised release, and a $250,000 fine.
The case was investigated by special agents of the Office of Inspector General for the U.S. Department of Justice and staff from the Federal Correctional Complex at Yazoo. It was prosecuted by Special Assistant U.S. Attorney Michael FiggsGanter, Assistant U.S. Attorney Candace Mayberry, and others in the U.S. Attorney’s Office.
Crandon Sex Offender Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on November 26, 2019, a federal grand jury returned an indictment against Justin D. Bula (age: 35) of Crandon, Wisconsin.
According to the indictment, in April of 2018, Bula distributed images of child pornography. He is also alleged to have possessed images of child pornography almost a year later in March of 2019. The indictment further reflects that Bula was convicted on October 7, 2015, in Forest County Circuit Court, for the crime of possession of child pornography and is a lifetime sex offender registrant in the State of Wisconsin.
Bula faces one charge of distribution of child pornography, contrary to Title 18, United States Code, Section 2252A(a)(2)(A), and possession of child pornography, contrary to Title 18, United States Code, Section 2252A(5)(b). He faces a mandatory minimum sentence of 15 years and up to 40 years of incarceration in federal prison.
This case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations with the assistance of the Royal Canadian Mounted Police. It will be prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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