Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
20 December 2019
Guatemalan National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national wanted for arrest in his home country of Guatemala was sentenced today in federal court in Boston.
Francisco Cuxum Alvarado, a/k/a Francisco Cuxun-Alvarado, 64, was sentenced by U.S. District Court Judge Indira Talwani to six months in prison. Following his sentence, Cuxum Alvarado will be subject to extradition to Guatemala. In September 2019, Cuxum Alvarado pleaded guilty to one count of illegal reentry into the United States, and has been detained since he was indicted in May 2019.
“The United States will not serve as a safe haven for individuals sought for prosecution abroad,” said United States Attorney Andrew E. Lelling. “After service his sentence in the U.S., Mr. Cuxum Alvarado will be returned to Guatemala to face prosecution for his alleged crimes.”
“Cuxum Alvarado will now face removal to his own country,” said Jason Molina, Acting Special Agent in Charge of Homeland Security Investigation in Boston. “By holding Cuxum Alvarado accountable for his violations of U.S. immigration law, today’s sentencing allows for the next critical stage in this case. That’s a fitting next step in the search for justice sought by Guatemala.”
The prosecutor presented evidence that Cuxum Alvarado was implicated in crimes against humanity by participating in the mass sexual assault of indigenous women in Guatemala in the early 1980s. The Guatemalan government obtained an INTERPOL Red Notice in 2018 for Cuxum Alvarado’s arrest, which is a request to law enforcement agencies worldwide to locate and provisionally arrest suspects pending extradition to the jurisdiction in which they are charged.
On April 30, 2019, Cuxum Alvarado was located in Waltham and arrested. At the time of his arrest, Cuxum Alvarado was unlawfully in the United States. He previously unlawfully entered the country in March 2004 in Arizona, and was ordered to be removed.
U.S. Attorney Lelling and Acting HSI Boston SAC Molina, made the announcement today. The Waltham Police Department and the HSI Attaché in Guatemala City, Guatemala assisted in the investigation. Assistant U.S. Attorney Scott L. Garland, Deputy Chief of Lelling’s National Security Unit, prosecuted the case.
Georgia Man Sentenced to One Year in Prison for Exploiting Office Rewards Program, Stealing Almost $300K Worth of PrintersRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams announced today that Sung W. Sohn, 50, of Burford, Georgia was sentenced to 12 months’ and one day imprisonment, and ordered to pay $224,000 in restitution by Chief United States District Judge Juan R. Sánchez for the interstate transportation of stolen property related to a scheme he perpetrated to steal and ship hundreds of office printers by misusing a product rewards program.
In September 2019, the defendant pleaded guilty to an Information charging him with interstate transportation of stolen property in 2017 and 2018. During this time period, Sohn stole, and then sold and shipped, over 600 office printers by misusing a product rewards program offered to Sohn’s employer by Company 1, a manufacturer of office printers and printer supplies.
Sohn worked in Philadelphia for a company that purchased printers manufactured by Company 1. The company offered reward points to customers that also purchased ink and toner from Company 1. In June of 2017, Sohn used an account number he found on a shipping box and associated it to his employer’s rewards account with Company 1. The account number was not for an account actually used by the employer, and it generated far more points than would be possible given his employer’s ink and toner purchases. Sohn then redeemed these improperly obtained reward points in order to receive free printers from Company 1, sold the printers online, and kept the proceeds for his personal use. Sohn fraudulently obtained 604 printers in this way, which was a loss to Company 1 at retail value of $293,000.
“This Office takes white collar fraud and theft offenses very seriously,” said First Assistant U.S. Attorney Williams. “And that’s exactly what this was – it was theft. The defendant took advantage of his position with his employer to improperly hoard rewards points and sell printers to which he was not entitled. We will continue to work with our law enforcement partners to protect innocent individuals and businesses from being victimized by this type of fraud.”
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Albert S. Glenn.
Georgia Man Sentenced to 10 Years in Federal Prison for Attempting to EnticeRead the Press Release
Jacksonville, Florida – United States District Judge Timothy J. Corrigan has sentenced Douglas Scott Phillips (52, Richmond Hill, GA) to 10 years in federal prison for attempting to entice an 11-year-old child to engage in sexual activity. Phillips was also ordered to serve a 10-year term of supervised release and to register as a sex offender.
Phillips had pleaded guilty on September 11, 2019.
According to court documents, on November 15, 2018, a detective from the St. Johns County Sheriff’s Office engaged in an online undercover operation to identify individuals seeking to meet children for sex. The detective posted a notice on an online bulletin board using the fictitious persona of a “mother” with “a young 11-year-old daughter.” Phillips responded to the notice and confirmed the age of the “daughter.” Phillips indicated that he was “very interested” and sent the “mother” an explicit photo of himself.
Over the next two months, Phillips and the undercover officer had several conversations in which Phillips expressed his desire and intention to engage in sexual activity with the “child.” During the conversations, Phillips instructed the “child” how to masturbate and sent pornographic photos illustrating how to do so. On January 7, 2019, Phillips told the “mother” that he was serious about meeting with the “child” and confirmed that he had texted with the “child” about masturbation.
On January 18, 2019, Phillips was arrested at his home in Georgia. During an interview, Phillips admitted seeing the advertisment and following up “just to see what it was.” He also admitted to engaging in sexual conversation with the “mother” and sending pictures of himself to the “child.”
This case was investigated by the St. Johns County Sheriff’s Office, Homeland Security Investigations, the Liberty County (GA) Sheriff’s Office, and the Bryan County (GA) Sheriff’s Office. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
“HSI, along with our partners at the St. Johns County Sheriff’s Office in Florida, and the Liberty and Bryan County Sheriff’s Offices in Georgia, stopped this predator who attempted to commit vile sexual crimes against a young child,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Anyone who plans to engage in these horrific acts should be on notice – they will pay a very steep price.”
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Freeport Men Sentenced to Prison on Drug Trafficking ChargesRead the Press Release
ROCKFORD — Two Freeport men were sentenced today in federal court in Rockford on drug trafficking charges.
TERRANCE YOUNG, 46, was sentenced by U.S. District Chief Judge Rebecca R. Pallmeyer to seven and a half years in federal prison. Young pleaded guilty on Sept. 13, 2019, to possessing cocaine with intent to distribute. In a written plea agreement, Young admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at his home. During the search, officers located and seized approximately 5.5 grams of cocaine in a plastic bag inside of a kitchen cupboard, as well as other drug paraphernalia. Young acknowledged that the cocaine in the cupboard belonged to him and that he possessed it with the intent to distribute it to others. In the dining room adjacent to the kitchen, officers located $3,743 in cash. Young also acknowledged that the cash belonged to him and that it came from the proceeds of drug sales. Young further admitted that he sold cocaine on July 14, 2017, Aug. 15, 2017, Dec. 4, 2017, and Aug. 7, 2018.
In a separate but related case, KYRAN WILLIAMS, 25, was sentenced by U.S. District Judge Philip G. Reinhard to nine years and three months in federal prison. Williams pleaded guilty on Sept. 17, 2019, to possessing crack cocaine with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and illegally possessing a firearm as a felon. In a written plea agreement, Williams admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at Williams’s home in Freeport. Officers found and seized two guns, one with an extended magazine containing 31 rounds and the other with an obliterated serial number, as well as ammunition, a plastic baggie containing crack cocaine, and other drug paraphernalia. Williams also admitted he illegally possessed the firearms as a convicted felon and that he possessed the guns and ammunition found during the search to protect his drug stash and himself during his drug trafficking activity. Williams also admitted that he engaged in drug transactions and sold heroin on April 11, 2017, May 31, 2017, and April 11, 2018, and sold a substance containing both heroin and fentanyl on June 13, 2018.
The sentencings were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Brendan F. Kelly, Director of the Illinois State Police; and Matt Summers, Freeport Police Chief. The investigation was conducted by the Rockford Area Violent Gang Task Force, the Stateline Area Narcotics Team (“SLANT”), and the Freeport Police Department. The Rockford Area Violent Gang Task Force is led by the FBI and includes members of the FBI and the Rockford, Loves Park, and Freeport police departments. SLANT is a task force led by the Illinois State Police. The government was represented by Assistant U.S. Attorney Margaret J. Schneider.
Freeport Men Sentenced to Prison on Drug Trafficking ChargesRead the Press Release
ROCKFORD — Two Freeport men were sentenced today in federal court in Rockford on drug trafficking charges.
TERRANCE YOUNG, 46, was sentenced by U.S. District Chief Judge Rebecca R. Pallmeyer to seven and a half years in federal prison. Young pleaded guilty on Sept. 13, 2019, to possessing cocaine with intent to distribute. In a written plea agreement, Young admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at Young’s home. During the search, officers located and seized approximately 5.5 grams of cocaine in a plastic bag inside a kitchen cupboard, as well as other drug paraphernalia. Young acknowledged that the cocaine in the cupboard belonged to him and that he possessed it with the intent to distribute to others. In a dining room adjacent to the kitchen, officers located $3,743 in cash. Young also acknowledged that the cash belonged to him and that it came from the proceeds of drug sales. Young further admitted that he sold cocaine on July 14, 2017, Aug. 15, 2017, Dec. 4, 2017, and Aug. 7, 2018.
In a separate but related case, KYRAN WILLIAMS, 25, was sentenced by U.S. District Judge Philip G. Reinhard to nine years and three months in federal prison. Williams pleaded guilty on Sept. 17, 2019, to possessing crack cocaine with intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and illegally possessing a firearm as a felon. In a written plea agreement, Williams admitted that on Aug. 30, 2018, law enforcement officers executed a search warrant at Williams’s home in Freeport. Officers found and seized two guns, one with an extended magazine containing 31 rounds and the other with an obliterated serial number, as well as ammunition, a plastic baggie containing crack cocaine, and other drug paraphernalia. Williams also admitted he illegally possessed the firearms as a convicted felon and that he possessed the guns and ammunition found during the search to protect his drug stash and himself during his drug trafficking activity. Williams also admitted that he engaged in drug transactions and sold heroin on April 11, 2017, May 31, 2017, and April 11, 2018, and that he sold a substance containing both heroin and fentanyl on June 13, 2018.
The sentencings were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; Brendan F. Kelly, Director of the Illinois State Police; and Matt Summers, Freeport Police Chief. The investigation was conducted by the Rockford Area Violent Gang Task Force, the Stateline Area Narcotics Team (“SLANT”), and the Freeport Police Department. The Rockford Area Violent Gang Task Force is led by the FBI and includes members of the FBI and the Rockford, Loves Park, and Freeport police departments. SLANT is a task force led by the Illinois State Police. The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Fort Lauderdale Father and Daughter Convicted at Trial for Involvement in $100 Million Fraudulent Tax Refund SchemeRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI); Anthony Ramirez, Assistant Special Agent-in-Charge, U.S. Department of State Diplomatic Security Service (DSS), Miami Field Office; George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office; and James S. Jackson, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA) announced that a West Palm Beach federal jury convicted Danielle Takeila Edmonson, 35, and Kenneth Roger Edmonson, 51, both of Fort Lauderdale, Florida for their involvement in a scheme that involved the filing of false and fraudulent tax returns seeking large-dollar tax refunds.
According to the evidence presented at trial, from 2015 through 2018, D. Edmonson and K. Edmonson filed large-dollar tax refund claims with the IRS totaling over $100 million, including individual refund claims ranging from hundreds of thousands of dollars to as high as eighty million dollars. Despite the false nature of the claims, the Department of Treasury paid out approximately $3.4 million in refunds through the issuance of U.S. Treasury checks.
In addition, D. Edmonson filed a fraudulent tax return seeking a large refund for tax year 2014, falsely indicating on handwritten forms that she had paid taxes of over $300,000. The IRS did not receive any corresponding forms to support the payment of any of these taxes. Despite the false nature of the tax return, the Department of Treasury issued a tax refund check for $239,700 in 2015. D. Edmonson deposited this tax refund check into her bank account and used the funds to purchase a luxury vehicle.
D. Edmonson also filed fraudulent tax returns for each of tax years 2015, 2016, and 2017, seeking refunds of approximately $80 million, $2.4 million, and $9 million, respectively. These tax returns contained forms falsely claiming that she had paid over $145 million in taxes during this period. The IRS did not receive any corresponding forms to support the payment of any of these taxes. Despite the false nature of the tax returns, the Department of Treasury issued a tax refund check to K. Edmonson in the amount of $2,405,703 on September 4, 2017. D. Edmonson subsequently deposited this tax refund check into her bank account.
In September 2017, K. Edmonson filed a fraudulent tax return seeking a refund of approximately $725,111. The return contained false and fraudulent claims that he had paid a substantial amount of withholding taxes. The IRS did not receive corresponding forms to support the claimed payments. Despite the false nature of the tax return, on January 28, 2018, the Department of Treasury mailed a tax refund check to K. Edmonson for $734,266.27 (including interest). Shortly thereafter, K. Edmonson deposited this tax refund check into his bank account.
Trial evidence also established that in January 2018, law enforcement conducted a search of the Edmonson residence. During the search, in the bedrooms of D. Edmonson and K. Edmonson, law enforcement found letters addressed to both individuals warning them of the frivolous nature of their returns. Shortly after law enforcement left, despite warnings not to do so, K. Edmonson went to his bank to attempt to withdraw the funds from the account that received the fraudulent refund check.
D. Edmonson was convicted four counts of filing false, fictitious and fraudulent claims, two counts of mail fraud, and one count of false statements. She faces maximum statutory sentence of 65 years in prison. Sentencing is scheduled for February 20, 2020, at 10:00 a.m., before U.S. District Judge Robin L. Rosenberg.
K. Edmonson was convicted at trial of two counts of filing false, fraudulent, and fictitious claims, one count of mail fraud, and one count of false statements. He faces a maximum statutory sentence of 35 years in prison. Sentencing is scheduled for February 20, 2020, at 2:00 p.m., before Judge Rosenberg.
U.S. Attorney Fajardo Orshan commended IRS-CI, DSS, FBI and TIGTA for their work on the case. The case is being prosecuted by Assistant U.S. Attorneys Michael N. Berger and Adrienne Rosen.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Former correctional officer admits accepting bribes from federal prison inmateRead the Press Release
WAYCROSS, GA: A former correctional officer at a privately-operated federal prison could spend up to 15 years behind bars after admitting accepting bribes from an inmate.
Micheal Eaddy, 23, of Blackshear, Ga., a former correctional officer at D. Ray James Correctional Facility, a privately prison operated under federal contract in Folkston, Ga., entered the plea in U.S. District Court to one count of bribery, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. The charge carries a sentence of up to 15 years in prison, a substantial fine, and up to three years of supervised release upon completion of the prison sentence. There is no parole in the federal system.
“Correctional officers have a demanding job,” said U.S. Attorney Christine. “It makes the job more difficult, and dangerous, when dirty guards join the inmates in violating the law. When that happens, our office will work to put them on the same side of the bars.”
Eaddy admitted accepting $246.25 from an inmate in return for smuggling cigarettes into the prison. Investigators discovered the activity after seizing a contraband phone from the inmate and examining its contents, which included electronic conversations between Eaddy and the inmate.
“When correctional officers smuggle contraband into prisons in exchange for bribes, they undermine the safety and security of the institution they vowed to protect,” said James F. Boyersmith, Special Agent in Charge of the Department of Justice Office of the Inspector General Miami Field Office.
The case was investigated by the U.S. Department of Justice Office of Inspector General, and prosecuted for the United States by Assistant U.S. Attorney Marcela C. Mateo.
Former Postal Employee Pleads Guilty to Mail TheftRead the Press Release
ALBANY, NEW YORK – John R. Elbayeh, aka Jean Elbayeh, age 44, of Albany, pled guilty today to stealing Apple iPhones, gold coins, small gold bars and other valuable items from mailed packages while employed as a postal clerk.
The announcement was made by United States Attorney Grant C. Jaquith and Matthew Modafferi, Special Agent in Charge of the Northeast Area for the United States Postal Service (USPS), Office of the Inspector General (OIG).
Elbayeh worked as a lead mail processing clerk at the USPS Processing and Distribution Center in Albany, from December 2012 through December 2018. He admitted that for approximately 2 years ending in December 2018, he stole valuable items from the mail, including iPhones and gold coins, which he pawned for a total of $50,362.22.
Shortly after being interviewed by federal agents in December 2018, Elbayeh took a one-way flight to Beirut, Lebanon, and remained outside the United States until October 17, 2019. On that date, USPS-OIG Agents arrested him at Dulles International Airport in Virginia, where Elbayeh had just arrived from a flight originating in Cairo, Egypt. Elbayeh has been in custody since that time.
Elbayeh, who pled guilty to mail theft, faces up to 5 years in prison when United States District Judge Mae A. D’Agostino sentences him on April 17, 2020. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the USPS, Office of the Inspector General, with assistance from the United States Postal Inspection Service, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Former Pharmaceutical Sales Representative Convicted for Insurance Fraud and Aggravated Identity TheftRead the Press Release
BOSTON – A federal jury in Boston convicted an Illinois man yesterday of defrauding insurance companies in relation to a high-priced drug made by Cambridge-based pharmaceutical company Aegerion Pharmaceuticals Inc., and for using the identities of physicians to carry out the fraud.
Mark Moffett, 47, of Springfield, Ill., was convicted of nine counts of wire fraud and six counts of aggravated identity theft. U.S. District Court Judge William G. Young scheduled sentencing for April 9, 2020.
“Mr. Moffett stole doctors’ identities, obtained fraudulent prescriptions, falsified test results, and forged insurance documents in an effort to sell a powerful drug,” said United States Attorney Andrew E. Lelling. “He ignored the serious consequences it could have on patients’ health, caring more about lining his own pockets. Mr. Moffett’s conviction is part of our ongoing effort to hold pharmaceutical companies accountable for violating laws that protect patient safety and the integrity of the health care system.”
“Mark Moffett took matters into his own hands by defrauding Medicare and potentially putting patients’ health at risk for his own financial benefit,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “The FBI would like to thank the jury for their swift verdict, and we will continue to vigorously investigate healthcare fraud matters to protect the public’s interest.”
“Greed was at the very core of Mark Moffett’s scheme to defraud our federal healthcare system,” said Phillip M. Coyne, Special Agent in Charge for the U.S. Department of Health & Human Services, Office of Inspector General. “This type of fraud is corrosive, wastes taxpayer funds, and drives up healthcare costs. We will continue to aggressively root out these fraud schemes and bring criminals to justice.”
“The Employee Benefits Security Administration is pleased to have had the opportunity to work collaboratively with our law enforcement partners on this investigation. I commend the exceptional work performed by our investigators and their law enforcement partners. This office will continue to vigorously pursue cases where participants and private sector health benefit plans are victimized by unscrupulous and illegal pharmaceutical sales practices,” said Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office
In 2014 and 2015, Moffett, a pharmaceutical sales representative for Aegerion, marketed the company’s cholesterol drug Juxtapid. Juxtapid was approved by the FDA only to treat high cholesterol in patients with a rare genetic disease called homozygous familial hypercholesterolemia (“HoFH”). The FDA approved the drug only to treat HoFH patients because the drug carried serious risks of side effects, including liver damage. The drug’s label included a black box warning.
Moffett nonetheless convinced doctors to prescribe Juxtapid, which costs over $300,000 per year, for patients without HoFH. In order to defraud Medicare and private sector employee health plans into paying for a drug they only covered for FDA-approved uses, Moffett obtained fraudulent prescriptions and falsified numerous documents, including statements of medical necessity and other insurance documents. This included false patient test results, false clinical histories and false diagnoses. Moffett used the identities of several cardiologists to carry out the fraud. He was paid bonuses by Aegerion of up to $11,000 for each prescription of Juxtapid.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 per count. The charge of aggravated identity theft provides for a mandatory minimum sentence of two years in prison to be serve consecutive to any other sentence imposed. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling, FBI Boston SAC Bonavolonta, HSI-OIG SAC Coyne, and DOL-EBSA Acting Regional Director Hamilton made the announcement. Assistant U.S. Attorneys Kriss Basil, of Lelling’s Securities and Financial Fraud Unit, and Rachel Y. Hemani, of Lelling’s Health Care Fraud Unit, are prosecuting the case.
Former Non-Profit Organization President Lynn D. Cawthorne Facing New Federal ChargesRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a federal grand jury indicted Lynn D. Cawthorne, 52, of Shreveport, on December 18, 2019, charging him with aiding and assisting in making and subscribing a false return.
The indictment includes two counts involving false returns for the tax years 2013 and 2014. The defendant willfully withheld information from his accountant when he reported an adjusted gross income of $7,555 for calendar year 2013 and an adjusted gross income of $9,529 for calendar year 2014. Cawthorne knew the information he presented to his accountant was false, which prevented his accountant from accurately reporting income for the years 2013 and 2014.
In April 2018, Cawthorne and his sister were indicted for stealing more than $536,000 from a program meant to supply meals to children during the summer. On April 26, 2018, a grand jury returned an eight-count indictment charging them with one count of conspiracy to commit wire fraud and seven counts of wire fraud. On February 28, 2019, additional charges were brought in a superseding indictment adding 18 counts of money laundering-related charges.
Cawthorne and his sister operated United Citizens and Neighborhoods (UCAN), as president and director, respectively. UCAN was a non-profit corporation that participated in the Summer Feeding Service Program (SFSP), which is administered by the Louisiana Department of Education Division of Nutrition Support. The SFSP was established to ensure that children in low-income areas continue to receive nutritious meals when school is not in session during the summer.
Cawthorne is scheduled to appear before U.S. Magistrate Judge Mark L. Hornsby on January 8, 2020, to be arraigned for the tax charges. If convicted Cawthorne faces up to three years in prison, a $100,000 fine, and one year of supervised release for each count.
Special agents with the IRS-Criminal Investigation Division investigated the case. Assistant U.S. Attorney Tennille M. Gilreath is prosecuting the case.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
# # #
Former Government Consultant Sentenced to 41 Months in Prison for Bribery and Fraud SchemesRead the Press Release
WASHINGTON – John Woods, 57, of Washington, D.C., was sentenced today to 41 months in prison on charges that he stole more than $560,000 from the company and paid more than $140,000 in bribes to a former D.C. government employee to facilitate his theft.
The announcement was made today by U.S. Attorney Jessie K. Liu, Timothy M. Dunham, Special Agent in Charge, FBI Washington Field Office, Criminal Division, and Daniel W. Lucas, District of Columbia Inspector General.
In August 2019, Woods pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. He was sentenced by the Honorable Dabney L. Friedrich. Following his prison term, Woods will be placed on three years of supervised release.
As part of his sentence, Woods was ordered to pay $564,910.23 in restitution to the company from which he stole the money, identified in the statement of offense as “Company A.”
According to the statement of offense, Woods worked as a consultant for Company A, which had contracts with the District of Columbia Department of Human Resources (“DCHR”). Between April 2013 and February 2015, Woods stole $214,910 in D.C. government checks that were issued to “Company A” for work performed on the DCHR contracts. Beginning in March 2015, Woods began usurping “Company A’s” role under the contracts by purposefully failing to submit Company A’s invoices to DCHR for payment. This led Company A to believe the D.C. government was negligent in paying its invoices, and Company A stopped seeking to perform work under its agreements with DCHR. Woods then secretly performed the agreements without Company A’s knowledge by hiring and retaining contractors to provide the necessary work to DCHR and by submitting fraudulent invoices to DCHR, purportedly on behalf of Company A, for payment under the agreements. DCHR would then issue payments in the form of D.C. government checks made payable to Company A, which Woods deposited into a bank account he controlled. In all, Woods fraudulently deposited approximately 27 checks issued by the D.C. government to “Company A”, totaling approximately $1,040,023, from March 2015 through August 2017.
According to the statement of offense, in order to keep his scheme in place, Woods paid more than $140,000 in bribes to Latasha Moore, then a DCHR employee. As a resource allocation analyst for DCHR, Moore was the main point of contact for “Company A.” In exchange for the bribes that Woods paid to her, Moore ensured no complaints or suspicions about the contracts reached others in the government. For example, Moore failed to report problems that arose while Woods was managing the work, including complaints of contractors arriving late, leaving early or failing to show up at all for training.
Moore, 38, of Washington, D.C., pled guilty on Oct. 11, 2018, to a federal bribery charge. She will be sentenced on January 7, 2020.
In announcing the sentence, U.S. Attorney Liu, Special Agent in Charge Dunham, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office and the Office of the Inspector General of the District of Columbia. They also expressed appreciation for the work of Assistant U.S. Attorney Michael J. Marando of the U.S. Attorney’s Office for the District of Columbia, who investigated and prosecuted the matter.
Former Employee of Hospital Pleads Guilty to Compromising Dozens of Hospital Computers and Coworkers’ Email Accounts and Stealing Their Confidential InformationRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RICHARD LIRIANO pled guilty today to one count of computer fraud in connection with his scheme to use malicious software programs, including a program known as a “keylogger,” on dozens of his coworkers’ computers at a New York City-area hospital, secretly obtaining user names and passwords to his victims’ personal email and other accounts, and using that unauthorized access to steal private and confidential files. Using his victims’ stolen credentials, LIRIANO repeatedly compromised their password-protected online accounts, and accessed their sensitive personal photographs, videos, and other private documents. LIRIANO pled guilty earlier today in Manhattan federal court before United States Magistrate Judge Kevin N. Fox.
U.S. Attorney Geoffrey S. Berman said: “To feed his voyeuristic curiosity, Richard Liriano, an information technology professional at a New York hospital, installed a “keylogger” on dozens of his coworkers’ computers and used other unauthorized software to spy on and steal personal information from them. Liriano’s disturbing crimes not only invaded the privacy of his coworkers; he also intruded into computers housing vital healthcare and patient information, costing his former employer hundreds of thousands of dollars to remediate. He will now be held accountable for his actions.”
According to the allegations in the Information to which LIRIANO pled guilty, a prior Indictment filed against LIRIANO, as well as statements made during the plea and other proceedings in the case:
From at least in or about 2013, up to and including at least in or about 2018, LIRIANO misused administrative access provided to him as an information technology employee at a New York City-area hospital (“Hospital-1”), to log in to employee accounts, and copy other employees’ personal documents, including tax records and personal photographs, onto his own workspace computer for his own personal use.
To further his efforts to steal personal information from Hospital-1’s employees, LIRIANO, without authorization, used various malicious programs to steal the user names and passwords of his primarily female co-workers. One of these programs was known as a keylogger, which recorded and sent victim employees’ keystrokes to LIRIANO, such as the usernames and passwords those employees entered to access their personal web-based email accounts. Through the course of this conduct, LIRANO stole usernames and passwords for at least approximately 70 email accounts belonging to Hospital-1 employees or persons associated with those employees (the “Compromised Accounts”).
LIRIANO then used those stolen usernames and passwords to log in to the Compromised Accounts and obtain unauthorized access to other password-protected email, social media, photographs, and online accounts to which the Compromised Accounts were registered. Among other things, LIRIANO conducted searches for sexually explicit photographs and videos in the Compromised Accounts.
LIRIANO’s computer intrusions into Hospital-1’s computer networks caused over $350,000 in losses to Hospital-1.
* * *
LIRIANO, 33, of the Bronx, New York, was arrested on November 14, 2019. LIRIANO pled guilty today to one count of transmitting a program to a protected computer that intentionally caused damage, which carries a maximum sentence of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
LIRIANO is scheduled to be sentenced by U.S. District Judge Lewis A. Kaplan on April 15, 2020, at 3:00 p.m.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation and thanked the New York City Police Department for its assistance.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Vladislav Vainberg is in charge of the prosecution.
Former Chairman and Managing Partner Charged for Role in $15 Million Ponzi SchemeRead the Press Release
A California man who was the chairman and managing partner of an energy company was charged in an indictment unsealed today for his alleged operation of a Ponzi scheme involving approximately 50 victims and more than $15 million.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney David L. Anderson of the Northern District of California and Special Agent in Charge John F. Bennett of the FBI’s San Francisco Field Office made the announcement.
Joey Stanton Dodson, 55, of Indio, California, was charged in an indictment filed in the Northern District of California with four counts of wire fraud, three counts of mail fraud and three counts of money laundering. Dodson was arrested this morning and made an initial appearance before U.S. Magistrate Judge Shashi H. Kewalramani of the Central District of California.
The indictment alleges that between November 2012 and May 2015, Dodson used several related companies and partnerships, collectively known as Citadel Energy, to fraudulently raise $15 million by soliciting investments in three limited partnerships that would purportedly provide water-related services to oil and gas companies in North Dakota. The indictment further alleges that Dodson induced investors by making numerous materially false misrepresentations about these partnerships, including regarding how the investor funds would be used, the amount of his compensation and the status of a potential acquisition of the partnerships by a private equity firm.
According to the allegations in the indictment, Dodson routinely commingled the monies between the three partnerships, which resulted in investor funds being used to pay the expenses of unrelated projects. Furthermore, the indictment alleges that Dodson misappropriated and diverted more than $1.3 million of investor funds for his own personal benefit, which included repaying former investors in unrelated Dodson-led investments, gambling activity, his wife’s BMW and other expenses.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s San Francisco Field Office investigated this case. Trial Attorney Jason M. Covert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Sarah Griswold of the Northern District of California are prosecuting the case.
The Enforcement Division of the U.S. Securities and Exchange Commission provided valuable assistance.
The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Former Chairman and Managing Partner Charged for Role in $15 Million Ponzi SchemeRead the Press Release
SAN FRANCISCO – A federal grand jury indicted Joey Stanton Dodson, chairman and managing partner of an energy company, charging him with crimes related to an alleged $15 million Ponzi scheme involving approximately 50 victims.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, United States Attorney David L. Anderson of the Northern District of California, and Special Agent in Charge John F. Bennett of the FBI’s San Francisco Field Office made the announcement.
According to the indictment, between November 2012 and May 2015, Dodson, 55, of Indio, Calif., used several related companies and partnerships, collectively known as Citadel Energy, to fraudulently raise $15 million by soliciting investments in three limited partnerships that would purportedly provide water-related services to oil and gas companies in North Dakota. The indictment further alleges that Dodson induced investors by making numerous materially false misrepresentations about these partnerships, including regarding how the investor funds would be used, the amount of his compensation, and the status of a potential acquisition of the partnerships by a private equity firm.
According to the allegations in the indictment, Dodson routinely commingled the monies between the three partnerships, which resulted in investor funds being used to pay the expenses of unrelated projects. Furthermore, the indictment alleges that Dodson misappropriated and diverted more than $1.3 million of investor funds for his own personal benefit, which included repaying former investors in unrelated Dodson-led investments, gambling activity, his wife’s BMW, and other expenses.
The indictment charges Dodson with four counts of wire fraud, in violation of 18 U.S.C. § 1343, three counts of mail fraud, in violation of 18 U.S.C. § 1341, and three counts of money laundering, in violation of 18 U.S.C. §§ 1957 and 2.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. If convicted of the wire fraud charges, Dodson faces a maximum statutory sentence of 20 years in prison and a fine in the amount of $250,000. If convicted of the mail fraud charges, Dodson faces a maximum statutory sentence of 20 years in prison and a fine in the amount of $250,000. If convicted of the money laundering charges, Dodson faces a maximum statutory sentence of 10 years in prison and a fine in the amount of $250,000. The court also may order a term of supervised release, fines or other assessments, restitution, and forfeiture, if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Dodson was arrested this morning and made an initial appearance before the Hon. Shashi H. Kewalramani, U.S. Magistrate Judge for the Central District of California. Dodson’s next appearance is expected before the Hon. Nathanael M. Cousins, U.S. Magistrate Judge for the Northern District of California.
Trial Attorney Jason M. Covert of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Sarah Griswold of the Northern District of California are prosecuting the case. The prosecution is the result of an investigation by the FBI’s San Francisco Field Office, with the assistance of the Enforcement Division of the U.S. Securities and Exchange Commission.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
Former Associate Director Arrested and Charged with Embezzling Hundreds of Thousands of Dollars from Global Maritime Service GroupRead the Press Release
NEWARK, N.J.– A former associate director of a global maritime service group was arrested today for defrauding the company and embezzling hundreds of thousands of dollars for his own personal benefit, U.S. Attorney Craig Carpenito announced.
David Buckingham, 35, of Chatham, New Jersey, was indicted on five counts of wire fraud. He was arrested this morning by postal inspectors from the U.S. Postal Inspection Service and is scheduled to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to the indictment:
Buckingham held the title of associate director and head of the New York office of the victim company, a global maritime service group headquartered in London, England. The company offered among other services, the handling of subrogation claims related to marine transportation of goods for insurance companies.
Buckingham was a signatory on the company’s United States bank accounts and had authority to issue checks for legitimate business purposes. Buckingham was also responsible for paying the company’s payroll taxes.
From 2016 through 2018, Buckingham embezzled hundreds of thousands of dollars from the Victim Company by writing checks from the Victim Company to himself or to “cash” to obtain funds to which he was not entitled. In some instances Buckingham falsified the Victim Company’s books and records in an effort to make the payments appear legitimate by claiming that certain of the checks were to make tax payments on behalf of the Victim Company or to pay other legitimate business expenses. Buckingham did not make payroll tax payments on behalf of the Victim Company during the relevant time period, and instead used the proceeds of the scheme for his own personal expenses.
The charges of wire fraud each carry a maximum potential penalty of 20 years in prison and $250,000 fine, or twice the gross gain or loss from the offense.
U.S. Attorney Craig Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, and postal inspectors of the U.S. Postal Inspection Service, Newark Division, under the direction of Inspector in Charge James Buthorn, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Vijay Dewan and Courtney A. Howard of the U.S. Attorney’s Office Economic Crimes Unit.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Florida Man Sentenced to More Than 6 Years in Prison for Defrauding Investors of Nearly $1 Million and Attempting to Flee Before SentencingRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that PEDRO ANDRES OSORIO was sentenced by U.S. District Judge William H. Pauley III to 76 months in prison for his role in a scheme to defraud investors of more than $1 million. OSORIO pled guilty before Judge Pauley on September 4, 2019, to one count of wire fraud.
U.S. Attorney Geoffrey S. Berman said: “Pedro Andres Osorio defrauded his friends and family of nearly $1 million by convincing them to invest in his sham liquor company. Osorio’s scheme destroyed his victims’ financial and emotional wellbeing. Rather than take responsibility for his actions and face his victims, Osorio was caught trying to flee the country before his sentencing. Now Osorio will spend years in prison for his betrayals of his investors and the Court.”
FBI Assistant Director William F. Sweeney Jr. said: “Not only did Osorio steal from people within his inner circle to keep up the façade of his fraudulent investment scheme, he attempted to leave the country after being released on bond in an attempt to escape the consequences of his actions. Today Osorio has learned the hard way that two wrongs certainly don’t make things right.”
According to the allegations in the Complaint, the Indictment, and other documents filed in federal court, as well as statements made in public court proceedings:
From December 2015 to November 2017, OSORIO solicited investments in a purported liquor distribution company from approximately nine people whom he knew from his own family and social circles in Florida and New York. OSORIO promised the investors high rates of return on importing Colombian liquor, and told them that his new company was working in partnership with a more established company.
In truth, OSORIO’s liquor company was a sham. OSORIO did not import or distribute liquor, and did not have a business relationship with another liquor distribution company. Instead, OSORIO used the investors’ money for himself, including for air travel, cruises, jewelry, electronics, and furniture. OSORIO also redistributed some of the investors’ money to other investors as supposed profits in order to induce additional investments. In total, OSORIO defrauded investors of approximately $1 million.
OSORIO had been released on bond during the pendency of the case, and was required to surrender his Colombian passport and remain in Florida (where he lived) and New York. However, on October 29, 2019, OSORIO was arrested at Miami International Airport attempting to jump bail and flee the United States to Colombia. OSORIO’s ticket was purchased the day before and he had obtained a new Colombian passport. OSORIO has since remained in custody until his sentencing.
* * *
In addition to the prison term, OSORIO, 36, of Doral, Florida, was sentenced to three years of supervised release and ordered to make restitution in the amount of $994,106. Forfeiture will be in an amount to be determined.
Mr. Berman thanked the FBI for their outstanding work.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Brett M. Kalikow is in charge of the prosecution.
Florida Man Admits Laundering More Than $9 Million in Account Takeover SchemeRead the Press Release
TRENTON, N.J. – A Florida man has admitted to laundering funds related to a $9 million business account takeover scheme with ties to Eastern Europe, U.S. Attorney Craig Carpenito announced.
Igor Buzyukov, 51, of Weston, Florida, pleaded guilty today before U.S. District Judge Anne E. Thompson in Trenton to an information charging him with one count of conspiracy to commit money laundering.
According to documents filed in this case and statements made in court:
Between February 2018 and July 2018, several clients of Company-1, a financial technology company headquartered in San Jose, California, fell victim to an account takeover scheme resulting in total losses exceeding $9 million.
The scheme generally involved an unidentified individual or individuals calling Company-1 and impersonating a representative of one of the victim companies. The impostor(s) would then request that an unauthorized bank account be added to the victims’ Company-1 accounts and be designated to receive payments from e-commerce customers.
The unauthorized bank accounts added to the victims’ Company-1 accounts were each controlled by Buzyukov under the name of a corporation registered to him in the State of Florida. After monies were deposited to the unauthorized accounts, Buzyukov would transfer the funds to other accounts controlled by him. Buzyukov then wired the majority of the funds to several bank accounts held by various individuals in Russia, Turkey and Ukraine.
Buzyukov also admitted to creating fake invoices in the amounts of the wire transfers in order to make the transactions appear legitimate.
The conspiracy to commit money laundering charge carries a statutory maximum of 20 years in prison and a fine of not more than $500,000 or twice the value of the property involved, whichever is greater. Sentencing is scheduled for March 26, 2020.
U.S. Attorney Carpenito credited special agents of the United States Secret Service, under the direction of Special Agent in Charge Mark McKevitt in Newark with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Anthony Torntore of the U.S. Attorney’s Cybercrimes Unit in Newark.
Defense counsel: Thomas Ambrosio, Esq., Lyndhurst, NJ
Five Aliens Indicted on Illegal Reentry Charges and Illegal and Unlawful Alien in Possession of a FirearmRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging DAVID FRANCISCO BAMACA-AYALA, age 22, of Guatemala, OMAR MALDONADO ELIGIO, age 31, of Mexico, MARTIN VILLEGAS-MARTINEZ, age 49, of Mexico, with Illegal Reentry of a Deported Alien.
Additionally, the grand jury returned indictments charging DAVID BAZA-SOLIS, age 29, of Mexico and JOSE RICARDO AYALA-RODAS, age 38, of Guatemala, with illegal and unlawful alien in possession of a firearm.
If convicted of illegal reentry of a deported alien, BAMACA-AYALA, previously deported three times and found in Harnett County, MALDONADO ELIGIO, previously deported two times and found in Wake County, and VILLEGAS-MARTINEZ, previously deported and found in Johnston County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal and unlawful alien in possession of a firearm, BAZA-SOLIS, found in Wilson County, and AYALA-RODAS, found in Harnett County would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Final Defendant in Schenectady Heroin Distribution Conspiracy Pleads GuiltyRead the Press Release
ALBANY, NEW YORK – Esteban Ressy, aka “The Boss,” age 44, of Puerto Rico and Schenectady, New York, pled guilty today to conspiring to traffic a kilogram or more of heroin. Ressy was one of nine people indicted in January 2019 as part of law enforcement’s dismantling of a heroin distribution ring in Schenectady. With Ressy’s plea, all nine defendants have pled guilty.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and New York State Police Superintendent Keith M. Corlett.
In pleading guilty, Ressy admitted to being a member of a drug-trafficking organization that distributed a kilogram or more of heroin in Schenectady between 2017 and December 20, 2018. Ressy, who lived in both Puerto Rico and Schenectady, was the leader of the Schenectady faction of the organization and regularly obtained hundreds of grams of heroin from Jean Carlos Rivera-Perez, aka “Tego,” in the Bronx, New York. Ressy paid thousands of dollars in cash for the heroin, which was packaged for sale by other members of the organization, including Leamzy Soto Calderon, Linette Marie Soto, and Kristen Jansen, and sold in and around Schenectady.
On December 20, 2018, law enforcement executed search warrants at Linett Soto’s residence in Schenectady, Soto Calderon and Jansen’s residence in Schenectady, and Rivera-Perez’ residence in the Bronx, and seized, among other items, approximately 268 grams of heroin, cutting agent, heroin processing materials, and $11,066 in cash.
United States Attorney Grant C. Jaquith stated: “Ressy, Rivera-Perez, and their co-conspirators sought to profit from the scourge of heroin, and now face many years in prison. Dismantling this drug organization demonstrates our commitment to targeting traffickers who are fueling opioid addiction and its tragic consequences.”
“Ressy admitted to bringing deadly drugs into the city of Schenectady as he and his criminal organization preyed on the addictions and vulnerabilities of others,” said Kevin Kelly, Special Agent in Charge for HSI Buffalo. “HSI continues to work in collaboration with state and local law enforcement to arrest those criminals operating in our communities with no regard for human life.”
New York State Police Superintendent Keith M. Corlett stated: “The success of this investigation is the direct result of the hard work and cooperation among federal, state and local law enforcement, and I applaud our partners for their dedication to closing this case. The disruption of this distribution ring serves as a reminder that we will not tolerate the trafficking of deadly, illegal drugs, and those who choose to profit from this activity will be held fully accountable.”
Ressy has four prior drug distribution convictions, including a 2002 conviction in the U.S. District Court for the Northern District of New York for conspiring to distribute heroin.
Ressy faces at least 15 years and up life in prison, and a term of post-imprisonment supervised release of at least 10 years and up to life, when he is sentenced on April 10, 2020 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The following defendants have pled guilty and face the following terms of imprisonment:
Name
Age
Minimum
Maximum
Jean Carlos Rivera-Perez, aka “Tego”
37
10 years
Life
Daniel Garcia, aka “Danny”
34
10 years
Life
Linette Marie Soto
25
10 years
Life
Kristen Jansen
28
5 years
40 years
Patrick McNamara
48
None
20 years
The following defendants pled guilty and were sentenced to the following terms of imprisonment:
Name
Age
Term of imprisonment
Gregory Insogna
46
5 years
Leamzy Soto Calderon, aka “Lee,” aka “Gordo”
29
57 months
Jose Cortes-Cruz, aka “Bimbo”
29
1 year and 1 day
This case was investigated by HSI, the New York State Police, the U.S. Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Amsterdam Police Department, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Festus Doctor and His Company Sentenced for Health Care FraudRead the Press Release
St. Louis, MO – Antoine Adem, M.D., 49, of Festus, MO, and his company, Midwest Cardiovascular, Inc., were sentenced today. Dr. Adem was sentenced to a prison term of 45 days and ordered to pay restitution of $149,199 and a fine of $55,000 for his involvement in a healthcare fraud scheme. Midwest Cardiovascular was sentenced to a term of probation of 3 years and ordered to jointly pay restitution with Dr. Adem of $149,199 and a fine of $120,000. Midwest Cardiovascular has offices in Festus and Farmington, Missouri. Dr. Adem and Midwest Cardiovascular appeared today in federal court before U.S. District Judge Audrey G. Fleissig. Both previously entered guilty pleas on August 20, 2019.
According to court documents, from January 2014 to December 2018, Dr. Adem and Midwest Cardiovascular submitted or caused to be submitted numerous false and fraudulent claims to Medicare and Missouri Medicaid. The reimbursement claims falsely indicated that Dr. Adem performed two vein procedures, known as vascular embolization and occlusions, on patients on two different days, when he actually performed the two procedures on the same day. As a result, Dr. Adem and Midwest Cardiovascular received approximately $2000 more per patient than they would have received if they had informed Medicare and other insurers that the two procedures were performed on the same day. As a result of these fraudulent claims, Medicare and Missouri Medicaid paid Dr. Adem and Midwest Cardiovascular $149,199 more than they were entitled to receive.
Dr. Adem and Midwest Cardiovascular also entered into a civil settlement agreement with the United States and have paid $1.2 million. The civil settlement resolves allegations that Dr. Adem and Midwest Cardiovascular violated the civil False Claims Act by submitting fraudulent claims to Medicare, including claims that failed to comply with Medicare regulations, claims for office visits that were upcoded, and claims that falsely indicated that surgical services for vascular embolization and occlusion were provided on two separate days. The civil settlement includes the dismissal of a qui tam complaint that was filed by whistleblower Elaine Taylor, a former employee of Midwest Cardiovascular. United States of America, ex rel., Elaine Taylor v. Antoine M. Adem, M.D. and Midwest Cardiovascular, Inc., et al, Case No. 4:17CV858-PLC (E.D. Mo.). Under the False Claims Act, the whistleblower, also known as a Relator, is entitled to a share of the civil settlement. Ms. Taylor will receive $240,000.
“Dr. Adem calculated that committing health care fraud was his path to riches. He was wrong, as he now pays the price for his crimes,” said Curt Muller, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “We will continue working with our law enforcement partners to protect government healthcare programs and the taxpayer dollars on which they depend.”
This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Missouri Attorney General Medicaid Fraud Control Unit. Assistant U.S. Attorneys Dorothy McMurtry and Suzanne Moore are handling the case for the U.S. Attorney’s Office.
Fernandina Beach Woman Pleads Guilty to Submitting False Claims for FEMA Benefits Involving Hurricane IrmaRead the Press Release
Jacksonville, Florida – Jessica Ann Smothers (35, Fernandina Beach), a/k/a Annabella Oxendine, has pleaded guilty to disaster assistance fraud involving FEMA benefits. She faces up to 30 years in federal prison and payment of restitution to the United States in the amount of $13,838.70. A sentencing date has not yet been set. Smothers has remained in custody since her arrest on November 4, 2019.
According to court documents, on September 22, 2017, Smothers made an application for disaster assistance benefits to FEMA. In the application, she claimed that her primary residence in Fernandina Beach had suffered storm damage from Hurricane Irma and, due to the purported storm damage, she was displaced from her primary residence, initially forced to live in a tent, and subsequently rented another home in Fernandina Beach. Based on the statements made by Smothers in her application, FEMA paid $13,838.70 to Smothers in the form of critical needs assistance, personal property damage, and rental assistance.
Further investigation determined that Smothers’s statements to FEMA were false. Her residence in Fernandina Beach had not been damaged and she lived there through, and after, Hurricane Irma.
This case was investigated by the Department of Homeland Security - Office of Inspector General, with assistance from Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
This case is part of the United States Attorney’s Disaster Fraud Task Force, which was announced in September 2017.
Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. A live operator 24 hours a day, 7 days a week staffs the telephone line. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. You may also visit www.justice.gov/usao-mdfl.
Federal Jury Convicts Chicago Man of Illegal Gun Possession and Obstruction of JusticeRead the Press Release
CHICAGO — A convicted felon from Chicago has been found guilty of illegally possessing a loaded handgun with an extended magazine and obstructing justice for offering to pay witnesses to lie on his behalf.
RAMONE SHAFFERS illegally possessed the gun on Oct. 16, 2016, in a parked car in the Woodlawn neighborhood on the South Side of Chicago. Shaffers had previously been convicted of a felony and was not legally allowed to possess a firearm.
Three passengers were in the vehicle at the time of Shaffers’s illegal possession. After Shaffers was arrested, he directed another individual to offer payment to the passengers in exchange for giving false testimony.
A federal jury in Chicago on Thursday convicted Shaffers, 37, of Chicago, on one count of illegal possession of a firearm by a felon, and one count of obstruction of justice. Each count is punishable by up to ten years in federal prison. U.S. District Judge John J. Tharp, Jr., set sentencing for April 14, 2020.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Timothy Jones, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and Charlie Beck, interim Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorneys Albert Berry III and Kavitha J. Babu.
According to evidence presented at the four-day trial in federal court, Shaffers and the three others were inside a vehicle parked near 62nd Street and Cottage Grove Avenue. Chicago Police officers pulled behind the car and smelled burnt cannabis and heard loud music. Shaffers, who was sitting in the driver’s seat, stepped out of the vehicle and ran away. He was apprehended at a later time.
While in custody awaiting trial, Shaffers placed a call from jail to the individual whom he hoped would pay off the passengers in the car in exchange for their false testimony. In one of the calls, which was surreptitiously recorded by law enforcement, Shaffers explained what the witnesses should say on his behalf: “Everybody could say he didn’t have nothing. He was there, but he ain’t have nothing.” Shaffers later described what he hoped would happen to his federal indictment as a result of the false testimony: “They gonna throw that [expletive] right out. Motion out. Everything is thrown out.”
Holding convicted felons accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, including by prosecuting individuals who illegally possess firearms. The U.S. Attorney’s Office also participates in Project Guardian, an initiative from the Department of Justice that serves as a complementary effort to PSN. Project Guardian focuses specifically on investigating, prosecuting, and preventing gun crimes, and it emphasizes the importance of using modern technologies to promote gun crime intelligence.
Federal Authorities Arrest Owner and Chief Operating Officer of TPC Family Medicine and Urgent Care Clinics in San Antonio and LaredoRead the Press Release
In San Antonio, a federal grand jury indicted 46–year-old licensed Physician’s Assistant Christopher Felix Montoya and 40–year-old Nancy Almaguer for their roles in a Health Care Fraud, bribery and kickback scheme, announced U.S. Attorney John Bash, FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Texas Attorney General Ken Paxton.
The indictment, returned Wednesday and unsealed today, charges Montoya, the owner and operator of TPC Family Medicine and Urgent Care Clinics in San Antonio and Laredo (TPC), and TPC Chief Operating Officer Almaguer with one count of conspiracy to pay and receive health care kickbacks and three counts of soliciting and receiving illegal health care kickbacks. Each count calls for up to five years in federal prison upon conviction.
The indictment alleges that from September 2018 to June 2019, the defendants schemed to enrich themselves by receiving kickbacks and bribes in exchange for sending patient nasal swabs to a specific laboratory (lab) for testing. The lab would perform the testing, receive reimbursement from Medicare and other insurance programs. The lab, through a 3rd party, would pay kickbacks to Montoya and Almaguer.
FBI agents arrested both defendants yesterday afternoon without incident. During an initial appearance today in San Antonio, U.S. Magistrate Judge Elizabeth S. Chestney set $50,000 bonds for both Montoya and Almaguer.
The FBI, Texas Attorney General’s Office, U.S. Department of Health and Human Services—Office of Inspector General and the U.S. Office of Professional Management—Office of Inspector General investigated this case. Assistant U.S. Attorney Justin Chung is prosecuting this case on behalf of the government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Extradited Israeli Fugitive Sentenced for Illegal Gambling Business, Money Laundering, and Failure to AppearRead the Press Release
SACRAMENTO, Calif. — Yaniv Gohar, 36, formerly of Berkeley, was sentenced today to three years and nine months in prison for conducting an illegal gambling business, conspiracy to commit money laundering, and failure to appear, U.S. Attorney McGregor W. Scott announced.
According to court documents, Gohar created and led an organization that installed and maintained video slot machines at businesses open to the public across Northern California. Gohar then created a system by which he could launder the proceeds of his lucrative gambling business, involving shell companies and paying cash to employees of a co-defendant’s business in exchange for money transfers from that co-defendant. In total, Gohar laundered at least $492,475 through that business from Jan. 2015 through Dec. 2017. Gohar also laundered his gambling proceeds by acquiring a boat and real estate in the San Francisco Bay Area.
Court documents also detail Gohar’s escape from the United States by charter jet through Mexico, France, and Israel. Gohar was first arrested on Dec. 8, 2017, in connection with his initial charges and released two weeks later on bond over the government’s objection. Four days later, he violated the terms of his release by failing to stop after allegedly crashing his Porsche Panamera into a parked car in Berkeley. He was cited by Berkeley police for reckless driving. On Jan. 3, 2018, he failed to appear in federal court for the violation hearing, and he remained at large for more than a year. In Sept. 2018, a superseding indictment charged Gohar with failure to appear and other offenses. Gohar was arrested and extradited from Israel in July 2019.
This case is the product of an investigation by the Federal Bureau of Investigation and California Department of Justice – Bureau of Gambling Control. Assistance was provided by the Department of Justice’s Office of International Affairs and Israeli authorities. Assistant U.S. Attorney Miriam R. Hinman is prosecuting the case.
Co-defendant Orel Gohar, 29, also fled the United States in Dec. 2017, was recently arrested in Israel and remains in Israel pending extradition to the United States. Co‑defendants Eran Buhbut, 34, of Oakland, and Raz Razla, 49, of Sherman Oaks, pleaded guilty await sentencing. The remaining co-defendants have pleaded guilty and have been sentenced.
Executive Office for Immigration Review to Swear in 28 Immigration Judges, Bringing Judge Corps to Highest Level in HistoryRead the Press Release
The Executive Office for Immigration Review will invest 28 new immigration judges today, bringing the immigration judge corps to its highest level in history with more than 465 immigration judges on the bench. Principal Deputy Associate Attorney General Claire McCusker Murray will deliver opening remarks and Acting Chief Immigration Judge Christopher A. Santoro will preside over the investiture during a ceremony at the Department of Justice’s Great Hall in the District of Columbia.
After a thorough application process, Attorney General William Barr appointed Susan F. Aikman, Amelia C. Anderson, Dale E. Anderson, Philip A. Barr, Bianca H. Brown, Kevin L. Brown, Brian H. Burke, Jennifer Chung, Miguel A. Cordero-Gonzalez, James J. Crofts, Diane L. Dodd, Sheila E. Gallow, Andrea H. Hong, Lily C. Hsu, Bruce D. Imbacuan, Samia Naseem, David A. Norkin, Christopher V. Phan, Eugene H. Robinson, Marna M. Rusher, Jeremy J. Santoro, John J. Siemietkowski, Rantideva Singh, Philip P. Taylor, Gilda M. Terrazas, Ubaid ul-Haq, Lynn W. Wang, and Matthew H. Watters to their new positions.
Biographical information follows:
Susan F. Aikman, Immigration Judge, Batavia Immigration Court
Attorney General Barr appointed Susan F. Aikman to begin hearing cases in January 2020. Judge Aikman earned a Bachelor of Arts in 1994 from Ashland University and a Juris Doctor in 1999 from the University of Toledo, College of Law. From 2018 to 2019, she served as a deputy chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS) in Dilley and Pearsall, Texas. From 2015 to 2018, she served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Pearsall, Texas. From 2005 to 2015, she served as asylum officer, refugee officer, and field office director with Refugee, Asylum, and International Operations (RAIO), U.S. Citizenship and Immigration Services (USCIS), DHS, in the U.S. and international locations. From 1999 to 2005, she was an associate attorney with the Law Offices of David Goren LLC, in Silver Spring, Maryland. Judge Aikman is a member of the District of Columbia Bar
Amelia C. Anderson, Immigration Judge, Otay Mesa Immigration Court
Attorney General Barr appointed Amelia C. Anderson to begin hearing cases in January 2020. Judge Anderson earned a Bachelor of Arts in 2005 from the University of Notre Dame and a Juris Doctor in 2009 from DePaul University College of Law. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Diego. From 2017 to 2018, she served as a special assistant U.S. attorney at the U.S. Attorney’s Office for the Southern District of California, in San Diego. From 2009 to 2010, she served as an attorney advisor at the San Diego Immigration Court, Executive Office for Immigration Review, Department of Justice. Judge Anderson is a member of the Illinois State Bar.
Dale E. Anderson, Immigration Judge, Los Angeles Immigration Court
Attorney General Barr appointed Dale E. Anderson to begin hearing cases in January 2020. Judge Anderson earned a Bachelor of Science in 1987 from the U.S. Naval Academy, a Juris Doctor in 1994 from Pepperdine University School of Law, and a Master of Laws in 1997 from the University of San Diego School of Law. From 2016 to 2019, he served as a trial attorney for the Office of International Affairs, Criminal Division, Department of Justice (DOJ). From 2009 to 2016, and previously from 2002 to 2004, he served as a supervisory attorney advisor and attorney advisor for the Board of Immigration Appeals, Executive Office for Immigration Review, DOJ. From 2000 to 2002, he served as an assistant district counsel with the former Immigration and Naturalization Service, DOJ, in Imperial, California. From 2004 to 2009, and previously from 1994 to 2000, he served as a judge advocate for the U.S. Marine Corps at the following locations: Marine Corps Recruit Depot San Diego; Washington Navy Yard, District of Columbia; Headquarters Marine Corps, Arlington, Virginia; Kabul, Afghanistan; and Al Anbar, Iraq. From 1988 to 1991, he served as an intelligence officer for the 3rd Marine Aircraft Wing, in El Toro, California, and Tanajib, Saudi Arabia. Judge Anderson is a member of the State Bar of California.
Philip A. Barr, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court
Attorney General Barr appointed Philip A. Barr to begin hearing cases in January 2020. Judge Barr earned a Bachelor of Arts in 1984 from University of Texas at Austin and a Juris Doctor in 2003 from Birmingham School of Law. From 2015 to 2019, he served as an assistant chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2010 to 2015, he served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Port Isabel and San Antonio, Texas. From 2004 to 2010, he was an immigration and criminal defense attorney in private practice in Birmingham, Alabama. Judge Barr is a member of the Alabama State Bar and State Bar of Texas.
Bianca H. Brown, Immigration Judge, Stewart Immigration Court
Attorney General Barr appointed Bianca H. Brown to begin hearing cases in January 2020. Judge Brown earned a Bachelor of Science and Master of Business Administration in 2005 from Florida A&M University, and a Juris Doctor in 2011 from Wake Forest University School of Law. From 2018 to 2019, she served as a deputy chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Lumpkin, Georgia. From 2011 to 2018, she served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Lumpkin, Georgia. Judge Brown is a member of the District of Columbia Bar and North Carolina State Bar.
Kevin L. Brown, Immigration Judge, Houston, S. Gessner Road Immigration Court
Attorney General Barr appointed Kevin L. Brown to begin hearing cases in January 2020. Judge Brown earned a Bachelor of Science in 1993 from Virginia Tech, a Master of Science in 1996 from Grambling State University, a Juris Doctor in 1999 from Wake Forest University School of Law, and a Master of Laws in 2007 from the Judge Advocate General’s Legal Center and School, U.S. Army. From 2016 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio, Texas. From 1999 to 2016, he served as a judge advocate for the U.S. Army in the following locations: Fort Gordon, Georgia; Fort Bragg, North Carolina; Karshi-Khanabad, Uzbekistan; Charlottesville, Virginia; Fort Campbell, Kentucky; Tikrit, Iraq; Fort Irwin, California; Suffolk, Virginia; and Fort Sam, Houston, Texas. Judge Brown is a member of the State Bar of Georgia.
Brian H. Burke, Immigration Judge, Los Angeles, Van Nuys Blvd. Immigration Court
Attorney General Barr appointed Brian H. Burke to begin hearing cases in January 2020. Judge Burke earned a Bachelor of Arts in 1989 from the University of Pittsburgh and a Juris Doctor in 1992 from the University of Dayton School of Law. From 2017 to 2019, he was the chief judge for the Morongo Band of Mission Indians, in California. From 2013 to 2019, he was the chief judge for the Ak-Chin Indian Community, in Maricopa, Arizona. From 2010 to 2013, he was the tribal prosecutor for the Ak-Chin Indian Community, in Maricopa, Arizona. From 2009 to 2010, he was a deputy defense attorney for the Salt River Pima-Maricopa Indian Community, in Scottsdale, Arizona. From 2006 to 2009, he was the managing attorney for Community Legal Services, in Kingman, Arizona. From 2003 to 2006, he was a rights attorney for the Nevada Disability Advocacy and Law Center, in Las Vegas. From 2000 to 2003, he was assistant public defender for the Beaver County Public Defender’s Office, in Beaver, Pennsylvania. From 1999 to 2000, he was a staff attorney for Appalachian Legal Services, in Charleston, West Virginia. From 1992 to 1995, and 1997 to 1998, he served as assistant district attorney for the Beaver County District Attorney’s Office. Judge Burke is a member of the Arizona State Bar and the Pennsylvania State Bar.
Jennifer Chung, Immigration Judge, New York, Federal Plaza Immigration Court
Attorney General Barr appointed Jennifer Chung to begin hearing cases in January 2020. Judge Chung earned a Bachelor of Arts in 2004 from St. John’s University and a Juris Doctor in 2007 from Hofstra University School of Law. From 2008 to 2019, she worked as a managing attorney at Christophe Law Group P.C., in New York. Judge Chung is a member of the New York State Bar.
Miguel A. Cordero-Gonzalez, Immigration Judge, Houston, S. Gessner Road Immigration Court
Attorney General Barr appointed Miguel A. Cordero-Gonzalez to begin hearing cases in January 2020. Judge Cordero-Gonzalez earned a Bachelor of Science in 1990 from the University of Puerto Rico and a Juris Doctor in 1993 from the Pontifical Catholic University School of Law. From 2010 to 2019, he served as a state trial court judge, in Puerto Rico. From 1996 to 2019, he served as a judge advocate for the U.S Army Reserve, in Fort Buchanan, Puerto Rico and Camp Speicher, Iraq, culminating in a current rank of lieutenant colonel. From 2015 to 2016, he served as a senior defense counsel for the 154th Trial Defense Team, Southeast region in Fort Buchanan, Puerto Rico. From 1995 to 2009, he was in private practice. From 1994 to 1995, he served as an assistant to the secretary of the Puerto Rico Department of Consumer Affairs Office. Judge Cordero is a member of the State Bar of Puerto Rico.
James J. Crofts, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court
Attorney General Barr appointed James J. Crofts to begin hearing cases in January 2020. Judge Crofts earned a Bachelor of Arts in 1991 from Boston University and a Juris Doctor in 1999 from St. John’s University School of Law. From 2016 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta. From 2000 to 2016, he served as an assistant district attorney with the Office of the Bronx District Attorney, in Bronx, New York. Since 2012, he has also served as a judge advocate for the U.S. Army Reserve. Judge Crofts is a member of the State Bar of New York.
Diane L. Dodd, Immigration Judge, New York, Federal Plaza Immigration Court
Attorney General Barr appointed Diane L. Dodd to begin hearing cases in January 2020. Judge Dodd earned a Bachelor of Arts in 1982 from the University of Georgia and a Juris Doctor in 1990 from Lewis and Clark College, Northwestern School of Law. From 2016 to 2019, she served as a special assistant U.S. attorney for the District of Minnesota, Department of Justice, in Minneapolis. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security. From 1999 to 2010, she served as an assistant district attorney in the District Attorney’s Office, in Brunswick, Georgia. Judge Dodd is a member of the Georgia State Bar.
Sheila E. Gallow, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court
Attorney General Barr appointed Sheila E. Gallow to begin hearing cases in January 2020. Judge Gallow earned a Bachelor of Arts in 2003 from Auburn University and a Juris Doctor in 2006 from Samford University, Cumberland School of Law. From 2016 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Atlanta. From 2011 to 2016, she served as the chief assistant district attorney in the Atlanta Judicial Circuit. From 2007 to 2011, she served as an assistant attorney general with the Office of Georgia Attorney General, in Atlanta. Since 2012, she has also served as a judge advocate with the U.S. Army Reserves, serving as an administrative law attorney, trial counsel, legal advisor for FEMA Region IV, and brigade judge advocate in the following locations: Fort Bragg, North Carolina; Fort Gordon, Georgia; and Fort Benning, Georgia. Judge Gallow is a member of the State Bar of Georgia.
Andrea H. Hong, Immigration Judge, Los Angeles Immigration Court
Attorney General Barr appointed Andrea H. Hong to begin hearing cases in January 2020. Judge Hong earned a Bachelor of Science in 1996 from Case Western Reserve University and a Juris Doctor in 1999 from the University of Akron, School of Law. From 2009 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration Customs Enforcement, Department of Homeland Security, in Los Angeles.
From 2006 to 2009, she served as a deputy district attorney with the Riverside County District Attorney’s Office, in Riverside, California. From 2001 to 2004, she served as an assistant prosecutor with the Summit County Prosecutor’s Office, in Akron, Ohio. From 1999 to 2001, she served as an assistant city prosecutor with the Akron City Prosecutor’s Office, in Akron, Ohio. Judge Hong is a member of the State Bar of California.
Lily C. Hsu, Immigration Judge, Los Angeles North Immigration Court
Attorney General Barr appointed Lily C. Hsu to begin hearing cases in January 2020. Judge Hsu earned a Bachelor of Science in 1996 from University of California, Berkeley, and a Juris Doctor in 2000 from California Western School of Law. From 2006 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Los Angeles. From 2009 to 2011, she served as a special assistant U.S. attorney at the U.S. Attorney’s Office for the Central District of California, in Los Angeles. From 2004 to 2006, she served as an asylum officer with the U.S. Citizenship and Immigration Services, DHS, in Anaheim, California. From 2001 to 2004, she was an associate attorney at Reeves and Associates ALPC. Judge Hsu is a member of the State Bar of California.
Bruce D. Imbacuan, Immigration Judge, Cleveland Immigration Court
Attorney General Barr appointed Bruce D. Imbacuan to begin hearing cases in January 2020. Judge Imbacuan earned a Bachelor of Arts in 1994 from Suffolk University and a Juris Doctor in 1998 from Temple University School of Law. From 2007 to 2019, he served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Cleveland. From 2005 to 2007, he served as a housing court magistrate for the Cleveland Municipal Housing Court. From 2002 to 2005, he served as an assistant prosecuting prosecutor with the City of Cleveland’s Prosecutor’s Office. From 1998 to 2002, he was a staff attorney for the Legal Aid Society of Cleveland. Judge Imbacuan is a member of the Ohio State Bar.
Samia Naseem, Immigration Judge, Chicago Immigration Court
Attorney General Barr appointed Samia Naseem to begin hearing cases in January 2020. Judge Naseem earned a Bachelor of Arts in 2001 from Simmons College and a Juris Doctor in 2004 from The George Washington University Law School. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in New York City and Chicago. From 2007 to 2010, Judge Naseem served as a trial attorney with the Office of Immigration Litigation, Department of Justice, in the District of Columbia. From 2005 to 2007, she served as an attorney at the Law Offices of Khalid Naseem, in Boylston, Massachusetts. From 2004 to 2005, Judge Naseem served as a law clerk for the Honorable Judith N. Macaluso, in the District of Columbia. Judge Naseem is a member of the New York State Bar.
David A. Norkin, Immigration Judge, New York, Varick Immigration Court
Attorney General Barr appointed David A. Norkin to begin hearing cases in January 2020. Judge Norkin earned a Bachelor of Arts in 1995 from Bates College and a Juris Doctor in 1999 from The George Washington University Law School. In 2019, he served as court administrator for the Fishkill, Ulster, and Varick immigration courts. From 1999 to 2016, he served as a judge advocate, defense counsel, prosecutor, special assistant U.S. attorney, and appellate military judge in the following locations: Naval Base San Diego, California; Naval Station Pearl Harbor, Hawaii; Fleet Activities Yokosuka, Japan; and Washington Navy Yard, District of Columbia. Judge Norkin is a member of the Hawaii State Bar, Maryland State Bar, and New York State Bar.
Christopher V. Phan, Immigration Judge, Sacramento Immigration Court
Attorney General Barr appointed Christopher V. Phan to begin hearing cases in January 2020. Judge Phan earned a Bachelor of Arts in 1996 from Indiana University-Purdue University, Indianapolis, and a Juris Doctor in 1999 from Southern Illinois University. From 2000 to 2019, he served as a judge advocate for the U.S. Navy in the following locations: Earle, New Jersey; Yokosuka, Japan; San Diego, California; Portsmouth, Virginia; The Pentagon, District of Columbia; Fort Worth, Texas; and Guantanamo Bay, Cuba. From 2012 to 2016, he served as a city council member, in Garden Grove, California, and as deputy district attorney, in Orange County, California. He is currently a commander in the U.S. Navy Reserve. Judge Phan is a member of the California State Bar, State Bar of Illinois, and State Bar of Texas.
Eugene H. Robinson, Immigration Judge, Imperial Immigration Court
Attorney General Barr appointed Eugene H. Robinson Jr. to begin hearing cases in January 2020. Judge Robinson earned a Bachelor of Science in 1987 from University of South Carolina, a Juris Doctor in 1990 from Howard University School of Law, and a Master of Laws in 2002 from the U.S. Army Judge Advocate General’s Legal Center and School. From 2018 to 2019, he served as the deputy chief for hearings in the State Office of Administrative Hearings for the State of Texas. From 2012 to 2018, he served as a military judge in Okinawa, Japan and Camp Pendleton, California. From 2011 to 2012, he was the staff judge advocate for 3d Marine Logistics Group, Okinawa, Japan. From 2005 to 2011, he served as a military judge in the Western Judicial Circuit, Camp Pendleton, California, and as deputy chief trial judge for the U.S. Navy-Marine Corps Trial Judiciary at the Washington Navy Yard, District of Columbia. From 1991 to 2005, he served a judge advocate in the following locations: Marine Corps Air Station, Yuma, Arizona; 3d Marine Expeditionary Force, Okinawa, Japan; Marine Forces Reserve, New Orleans; Washington Navy Yard, District of Columbia; and Camp Pendleton, California. Judge Robinson is a member of the Pennsylvania State Bar, District of Columbia Bar, and State Bar of Texas.
Marna M. Rusher, Immigration Judge, Boston Immigration Court
Attorney General Barr appointed Marna M. Rusher to begin hearing cases in January 2020. Judge Rusher earned a Bachelor of Science in 1972 from the University of Bridgeport and a Juris Doctor in 2001 from the University of Syracuse, School of Law. From 2007 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Boston. From 2005 to 2007, she was a civil litigation associate for Murphy & Riley P.C. From 2002 to 2005, she served as an assistant district attorney, in Middlesex County, Massachusetts. Judge Rusher is a member of the Massachusetts State Bar.
Jeremy J. Santoro, Immigration Judge, Cleveland Immigration Court
Attorney General Barr appointed Jeremy J. Santoro to begin hearing cases in January 2020. Judge Santoro earned a Bachelor of Science in 1996 from Bowling Green State University and a Juris Doctor in 2001 from the University of Toledo, College of Law. From 2010 to 2019, he served as an assistant chief counsel, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Cleveland. From 2009 to 2010, he served as an assistant chief counsel, OCC, OPLA, ICE, DHS, in Detroit. From 2006 to 2015, he served as a judge advocate for the Ohio Army National Guard, in Columbus, Ohio. From 2002 to 2009, he served as an assistant prosecutor with the Lucas County Prosecutor’s Office, in Toledo, Ohio. From 2001 to 2002, he was an associate attorney with Faulkner, Garmhausen, Keister & Shenk L.P.A., in Sidney, Ohio. Judge Santoro is a member of the Ohio State Bar.
John J. Siemietkowski, Immigration Judge, New York, Federal Plaza Immigration Court
Attorney General Barr appointed John J. Siemietkowski to begin hearing cases in January 2020. Judge Siemietkowski earned a Bachelor of Arts in 1984 from Georgetown University, a Juris Doctor in 1987 from Catholic University, and a Masters of Law in 2000 from the Army Judge Advocate General’s School. From 2002 to November 2019, Judge Siemietkowski worked as a trial attorney at the Commercial Litigation Branch, Department of Justice, in the District of Columbia. From June to December 2018, he served as the U.S. deputy justice attaché to Afghanistan. In 2018, Judge Siemietkowski retired from the Army after a nearly 30-year career as an active duty and reserve JAG attorney. His military career spanned tours as a prosecutor, defense counsel, and trial judge. He taught at the Army JAG School, initially as a professor of Government Contracts & Fiscal Law, and later as a professor of Criminal Law and Trial Advocacy. In his last tour, from October 2016 to September 2017, he served in Kabul as the military coalition’s counter-corruption director. Judge Siemietkowski is a member of the Pennsylvania State Bar, State Bar of Texas, and Virginia State Bar.
Rantideva Singh, Immigration Judge, New York, Federal Plaza Immigration Court
Attorney General Barr appointed Rantideva Singh to begin hearing cases in January 2020. Judge Singh earned a Bachelor of Science in 2002 from John J. College of Criminal Justice and a Juris Doctor in 2005 from Boston University School of Law. From 2011 to 2019, he served as an administrative law judge with the New York State Office of Children and Family Services, in New York City. From 2009 to 2011, he served as a trial attorney with the New York City Administration for Children’s Services in Bronx Family Court. From 2007 to 2009, he served as a supervising attorney with the New York City Department of Homeless Services. From 1997 to 2002, he served as a police officer in the New York City Police Department. Judge Singh is a member of the Connecticut State Bar and New York State Bar.
Philip P. Taylor, Immigration Judge, Atlanta, Ted Turner Drive Immigration Court
Attorney General Barr appointed Philip P. Taylor to begin hearing cases in January 2020. Judge Taylor earned a Bachelor of Arts in 1986 from LeMoyne College, a Juris Doctor in 1989 from Emory University School of Law, a Master of Judicial Studies in 2007 from University of Nevada, Reno, and a Doctor of Philosophy in Judicial Studies in 2012 from University of Nevada, Reno. From 2000 to 2019, Judge Taylor served as chief municipal judge for the City of Kennesaw, Acworth, Powder Springs, and Woodstock, Georgia. From 1996 to 2016, Judge Taylor served as magistrate judge, in Cobb County, Georgia. From 1989 to 2012, he was in private practice at Webb, Carlock, Copeland, Semler & Star; Hopkins & Taylor L.L.P.; and The Taylor Firm P.C. Judge Taylor is member of the Georgia State Bar.
Gilda M. Terrazas, Immigration Judge, Sacramento Immigration Court
Attorney General Barr appointed Gilda M. Terrazas to begin hearing cases in January 2020. Judge Terrazas earned a Bachelor of Arts in 1976 and a Master of Arts in 1982, both from The University of Arizona, and a Juris Doctor in 1988 from The University of Arizona, James E. Rogers College of Law. From 2010 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in Phoenix and Tucson, Arizona. From 2008 to 2010, she served as a public defender in Cochise County, Arizona. From 1995 to 2008, she served as a municipal and tribal court judge, in Tucson, Arizona. From 1988 to 1995, she was in private practice in civil and criminal litigation. Judge Terrazas is a member of the State Bar of Arizona.
Ubaid ul-Haq, Immigration Judge, Ulster Immigration Court
Attorney General Barr appointed Ubaid ul-Haq to begin hearing cases in January 2020. Judge Haq earned a Bachelor of Arts in 2005 from the University of Virginia, a Juris Doctor in 2010 from Nova Southeastern University, and a Master of Laws in 2011 from American University Washington College of Law. In 2019, he served as a trial attorney with the Office of Immigration Litigation’s (OIL) Appellate Court Section, Civil Division, Department of Justice (DOJ), in the District of Columbia. From 2014 to 2019, he served as a trial attorney with OIL’s District Court Section, Civil Division, DOJ. Since 2016, he has also served as a judge advocate with the U.S. Army Reserve, in Alexandria, Virginia. In 2014, he served as an associate legal advisor, Executive Communications Unit, Office of Chief Counsel (OCC), Office of the Principal Legal Advisor (OPLA), Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in the District of Columbia. From 2011 to 2014, he served as an assistant chief counsel, OPLA-San Antonio, ICE, DHS, in Pearsall, Texas. Judge Haq is a member of the Florida State Bar.
Lynn W. Wang, Immigration Judge, Houston Immigration Court
Attorney General Barr appointed Lynn W. Wang to begin hearing cases in January 2020. Judge Wang earned a Bachelor of Science in 1995 from University of Houston and a Juris Doctor in 2000 from South Texas College of Law. From 2018 to 2019, she served as an assistant chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, in San Antonio. From 2015 to 2018, she served as an assistant U.S. attorney with the U.S. Attorney’s Office for the Southern District of Texas, in McAllen, Texas. From 2007 to 2015, she served as an assistant U.S. attorney with the U.S. Attorney’s Office for the District of New Mexico, in Albuquerque, New Mexico. From 2004 to 2006, she served as an assistant district attorney for the State of New Mexico. From 2001 to 2004, she was in private practice. Judge Wang is a member of the New Mexico State Bar and Texas State Bar.
Matthew H. Watters, Immigration Judge, York Immigration Court
Attorney General Barr appointed Matthew H. Watters to begin hearing cases in January 2020. Judge Watters earned a Bachelor of Arts in 1999 from Canisius College and a Juris Doctor in 2002 from Pennsylvania State University, Dickinson School of Law. He currently serves as a judge advocate in the U.S. Army Reserve and as a deputy commander in the U.S. Army Reserve Legal Command. From 2010 to 2019, he served as an assistant U.S. attorney and supervisory assistant U.S. attorney in the Western District of Texas, culminating as chief of the Del Rio Division. From 2003 to 2010, Judge Watters served as a judge advocate for the U.S. Army in the following locations: Fort Polk, Louisiana; Camp Stanley, Republic of Korea; Schofield Barracks and Fort Shafter, Hawaii; Parwan and Kandahar, Afghanistan; and Tikrit, Iraq. Judge Watters is a member of the Pennsylvania State Bar.
Doctor Pays $50,000 to Settle Civil Claims He Prescribed Without DEA Registration or OBN LicenseRead the Press Release
OKLAHOMA CITY – Ernesto Fuentes, M.D., has agreed to pay $50,000 to settle civil penalty claims stemming from allegations that he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced United States Attorney Timothy J. Downing.
Dr. Fuentes practiced medicine as a hospitalist in the Chickasaw Nation Medical Clinic in Ada, Oklahoma. The United States alleges that from January 1, 2014, through June 11, 2019, he issued prescriptions for Schedule II-IV controlled substances without a valid certificate of registration from the Drug Enforcement Administration and without a controlled substance license from the Oklahoma Bureau of Narcotics and Dangerous Drugs. Some of the prescriptions issued by Dr. Fuentes were filled at pharmacies in Oklahoma City.
To resolve these allegations, Dr. Fuentes has agreed to pay $50,000 to the United States.
In reaching this settlement, Dr. Fuentes did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Administration, Office of Diversion Control. Assistant U.S. Attorneys Amanda R. Johnson and Ronald R. Gallegos prosecuted the case.
Denver Woman Sentenced to Serve 15 Years in Federal Prison After Selling Heroin That Resulted in Overdose DeathRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Ariel Nicole Walker, age 31 of Denver, Colorado was sentenced today by U.S. District Court Judge R. Brooke Jackson to serve 180 months (15 years) in federal prison for distribution of heroin resulting in death. Following her prison sentence, Walker will serve five years of supervised release. She appeared at the sentencing hearing in custody, and was remanded to the custody of the U.S. Marshals Service at the hearing’s conclusion. The FBI joined in today’s announcement.
According to the facts contained in Walker’s plea agreement, on May 31, 2018, Walker, an individual with the initials E.N., and an individual with the initials C.T., drove to Westminster to buy heroin from Kayla Pagano, who was prosecuted separately in U.S. District Court. E.N. paid Walker approximately $80 to purchase the heroin and approximately $40 for arranging the drug deal. Walker then met with Pagano at a Circle K in Westminster where Pagano sold Walker approximately .20 grams of heroin and approximately .20 grams of methamphetamine. E.N. injected some of the heroin and then passed out. Police later found E.N.’s dead body dumped in an alley in Denver. The heroin which caused E.N.’s death was the heroin Walker purchased from Pagano outside the Circle K and then distributed to E.N. Pagano was subsequently charged with distribution of heroin and methamphetamine, and sentenced to 77 months in federal prison followed by four years of supervised release.
“Walker sold the drugs to an individual that died of an overdose and then dumped the body in an alley,” said U.S. Attorney Jason Dunn. “As we have said before, this office will continue to treat harshly those who deal drugs that kill people.”
"This was an entirely preventable tragedy," said Denver FBI Special Agent in Charge Dean Phillips. “We will not hesitate to investigate and seek prosecution for those who bring dangerous drugs to our streets."
This case was investigated by the Denver Police Department with assistance from the FBI Denver OCDETF Strike Force. The defendant was prosecuted by Assistant U.S. Attorney Peter McNeilly.
Defendant Sentenced in Connection with Conspiracy to Distribute and Possess with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Joe Kelly announced that Timothy Earl Agee, 54, of Bellevue, Nebraska, was sentenced today to 280 months in prison by United States District Judge Robert F. Rossiter, Jr., for conspiracy to distribute and to possess with intent to distribute five hundred grams or more of a mixture of methamphetamine. In addition to the conspiracy charge, Agee was also convicted of money laundering. Following his prison term, Agee will serve five years of supervised release. Finally, Agee was required to forfeit a 2007 Mercedes Benz and $6,132.
Beginning in mid-2017, a Drug Enforcement Administration-led task force initiated Operation Dog Pound, which was a drug interdiction effort focused on a local drug trafficking organization headed by Keevan Dean. As part of the investigation, numerous Title III wire and electronic intercepts were approved. Over the course of the investigation, several conspirators were identified that were distributing pound quantities of methamphetamine.
On November 16, 2018, numerous arrest and search warrants were executed on conspirators and locations utilized by the organization, including Agee and his residence. At the time of his arrest, Agee was in possession of 267 grams of methamphetamine, a stolen firearm, $6,132, and the 2007 Mercedes Benz.
The Drug Enforcement Administration, Nebraska State Patrol, Omaha Police Department, Bellevue Police Department, Border Patrol, and U.S. Attorney’s Office were the investigating agencies.
Dallas Healthcare Exec Sentenced to 66 Months for Forest Park, NextHealth FraudsRead the Press Release
A Dallas healthcare executive was sentenced Thursday afternoon to 66 months in federal prison for his role in two healthcare fraud schemes, Forest Park Medical Center and Nexthealth, and was ordered to pay $3 million in restitution, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Andrew Hillman, 43, pleaded guilty in October 2018 to conspiracy to pay and receive healthcare bribes and kickbacks – violations of the anti-kickback statute and the Travel Act – in the Forest Park scheme.
In plea papers, Mr. Hillman admitted he and his business partner, Seymon Narosov, were paid $190,000 by Forest Park to refer patients to the facility or to surgeons with privileges there. The payments, he admitted, were funneled through a shell entity, Adelaide Business Solutions, and Hillman and Narosov submitted phony invoices to conceal the wrongdoing.
The same day, Mr. Hillman also pleaded guilty to conspiracy to commit money laundering in the NextHealth scheme.
He admitted that he and others conspired to launder the proceeds of various healthcare fraud offenses related to their pharmacies, resulting in $450 million in fraudulent billings to government and private insurance programs. Among other fraudulent activities, the pharmacies paid illegal kickbacks to doctors and others to generate prescriptions, self-funded patient copays to dupe auditors, and misbranded drugs.
In April, Mr. Hillman testified about his criminal activity in the Forest Park Medical Center trial, which ended in guilty verdicts for seven of his coconspirators. In total, 18 defendants have been convicted in connection with the Forest Park matter.
Two defendants have been convicted in the Nexthealth scheme.
The cases were investigated by the U.S. Office of Personnel Management Office of Inspector General, the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation, the U.S. Department of Labor Office of Inspector General, the U.S. Department of Defense - Defense Criminal Investigative Service, and the U.S. Postal Service Office of Inspector General, with assistance from the Food and Drug Administration Office of Criminal Investigations. Assistant U.S. Attorneys Andrew Wirmani, Marcus Busch, and Chad Meacham prosecuted.
D.C. Man Indicted on Federal Kidnapping Charge in MarylandRead the Press Release
Greenbelt, Maryland – A federal grand jury in Maryland has indicted Kyrie Rashaud Thompson, age 25, of Washington, D.C., on a federal kidnapping charge. The indictment was filed on December 18, 2019.
The federal charge was announced by United States Attorney for the District of Maryland Robert K. Hur and Acting Chief Gregory T. Monahan of the U.S. Park Police.
According to the one-count indictment and other court documents, on September 22, 2019, Thompson kidnapped an individual, forcing the victim to drive from the District of Columbia to Maryland. Court documents allege that Thompson threatened and assaulted the victim.
If convicted, Thompson faces a maximum sentence of life in federal prison. Thompson has an initial appearance scheduled in U.S. District Court in Greenbelt, on December 23, 2019 at 10:00 a.m. Thompson is currently detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Robert K. Hur commended the U.S. Park Police for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Leah B. Grossi and Hollis R. Weisman, who are prosecuting the case.
# # #
Coleman Man Sentenced to 20 Years in Prison for Possessing and Accessing with Intent to View Child Pornography Involving Prepubescent Minors or Minors Under the Age of 12Read the Press Release
A 61-year-old resident of Coleman, Michigan, Ronald Arthur Polk, was sentenced today to 20 years in prison for possessing and accessing with intent to view child pornography involving prepubescent minors or minors under the age of 12, United States Attorney Matthew Schneider announced today.
Schneider was joined in the announcement by Steven M. D'Antuono, Special Agent in Charge of the FBI’s Detroit Field Office.
United States District Judge Thomas L. Ludington also imposed five years of supervised release on Ronald Arthur Polk who was found guilty by a federal jury on September 16, 2019.
At the trial before U.S. District Judge Thomas L. Ludington, the evidence established that between August 6, 2013, and August 23, 2018, Polk used his computers to browse the Internet to search and web link to numerous websites containing child pornography. The forensic evidence revealed Polk possessed approximately 3,000 images containing child pornography, a majority of them involving minors under the age of 12 or prepubescent.
The case was investigated by the Midland Sherriff’s Department, the Michigan State Police, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Anca Pop.
Businessman Sentenced to Prison for Money Laundering SchemeRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced today to four years in prison for his role in a money laundering scheme.
According to court documents, Michael Bernard Bagley, 51, owned and operated Jellyfish Partners LLC, which he described as a private intelligence company in the Washington, D.C., area that provided operational support to its clients, primarily in Mexico. In January, law enforcement received information that Bagley was recommended as an individual who was capable of laundering the proceeds of drug trafficking. Bagley met on several occasions with individuals he believed were affiliated with a Mexican cartel to discuss his ability and willingness to launder what he believed were the proceeds of drug sales.
To effectuate his scheme, Bagley provided the purported cartel associates with a “Capital Banking Plan,” which described how Bagley would launder over $20 million in drug proceeds through another company. In February, Bagley met with the purported cartel associates and again reiterated his desire to launder the funds and claimed he would take a 10 percent commission on all funds he laundered. In April, in Alexandria, Bagley accepted $50,000 in cash he believed was proceeds from the sale of drugs. Bagley ultimately transferred $45,000 from a bank account in the name of Jellyfish Partners LLC to an account Bagley believed was controlled by the cartel. In May, Bagley again received $100,000 in cash to launder. Over the following weeks, Bagley deposited $90,000 in purported Mexican cartel-controlled funds via a combination of cash deposits, ACH deposits, and a wire transfer. Bagley further claimed that he was also working with the “number one guy” of El Mayo, the leader of the Sinaloa drug cartel. In June, Bagley received another $101,000 to launder.
In total, Bagley accepted $251,000 in funds he believed to be the proceeds of drug sales from a cartel.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Timothy R. Slater, Assistant Director of the FBI’s Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis, III. Assistant U.S. Attorneys Jamar K. Walker and Karen L. Taylor 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. 1:19-cr-263.
Brevard Man Sentenced to 9 Years for Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced James John Edwards (37, Brevard County) to 9 years in federal prison for possession of child pornography. The court also ordered Edwards to pay $50,000 in restitution to the victims of the offense, and to forfeit the electronic devices that he had used to commit the offense. A federal jury found Edwards guilty on August 1, 2019.
According to evidence presented at trial, on February 7, 2019, during the execution of a search warrant, agents found Edwards in possession of more than 1,000 videos and over 300 images depicting the sexual exploitation and abuse of young children. Those videos and images captured the rape and sexual torture of children under the age of 12. The evidence also showed that Edwards had an extensive computer background, and in this case, used a file-sharing program to obtain the illicit images via a computer and hard drive in his bedroom. The computer was connected to a television that was mounted on the wall above Edwards’s dresser. Edwards used the hard drive to store videos and images of child pornography. His collection dated back to 2015.
This case was investigated by the Federal Bureau of Investigation and the Palm Bay Police Department. It was prosecuted by Assistant United States Attorneys Ilianys Rivera Miranda and Karen L. Gable.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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 locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Boston Man Sentenced for Selling Crack Cocaine to Bedford VA Medical Center ResidentsRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Boston for distributing crack cocaine.
Austin Wilkerson, 41, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to three years of probation. In 2018, Wilkerson pleaded guilty to three counts of distributing cocaine base, also known as crack cocaine, on the Veterans Affairs Medical Center campus in Bedford.
In January 2017, a cooperating witness reported to law enforcement that Wilkerson was selling crack cocaine to Michael Sexton, a resident at the Veterans Affairs Medical Center. On July 27, Aug. 10, and Sept. 5, 2017, Wilkerson provided crack cocaine to Sexton, who then sold it to the cooperating witness at the Veterans Affairs Medical Center in Bedford.
In October 2019, Sexton was sentenced to time served (approximately two months) and two years of supervised release.
United States Attorney Andrew E. Lelling; Sean J. Smith, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; Brian Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and F. Todd Foreman, Chief of Police of the U.S. Department of Veterans Affairs Police Service, Bedford VA Medical Center, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien and Timothy Moran of Lelling's Criminal Division prosecuted the case.
Boston Man Indicted for Bank RobberyRead the Press Release
BOSTON – A Boston man was indicted yesterday by a federal grand jury in Worcester for the October 2019 robberies of the TD Bank in Worcester and the East Boston Savings Bank in Revere.
Samuel Jose Baptista, 27, was indicted on two counts of bank robbery. In November 2019, Baptista was charged by criminal complaint.
According to charging documents, on Oct. 20, 2019, Baptista entered a branch of TD Bank in Worcester and demanded $10,000 from the bank teller. On Oct. 26, Baptista entered a branch of the East Boston Savings Bank in Revere and demanded $20,000. In both instances, Baptista threatened to detonate a bomb he allegedly was carrying if the bank did not turn over money to him.
The charging statute provides for a sentence of up to 20 years, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Worcester Police Chief Steven M. Sargent; and Revere Police Chief James Guido made the announcement. Assistant U.S. Attorney Lucy Sun of Lelling’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Charged with Distributing Fentanyl and Crack CocaineRead the Press Release
BOSTON – A Boston man was arrested yesterday and charged with distributing fentanyl and crack cocaine.
David A. Wood, 30, was charged with distribution and possession with intent to distribute controlled substances. Following an initial appearance in federal court in Boston, Wood was detained pending a detention hearing on set for Dec. 23,2019.
According to court documents, Wood distributed fentanyl in Boston on Nov. 26 and Dec. 3, 2019, and distributed crack cocaine in Boston on Dec. 10, 2019.
The charge of distributing or possessing with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, three years to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bethany Attorney Pleads Guilty to Federal Tax ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that WILLIAM S. PALMIERI, 56, of Bethany, pleaded guilty yesterday before U.S. District Judge Stefan R. Underhill in Bridgeport to two counts of willful failure to pay income taxes.
According to court documents and statements made in court, Palmieri is an attorney with a practice specializing in civil rights law. Between 2006 and 2014, Palmieri reported to the Internal Revenue Service, but did not pay, all the income taxes he owed, even though he had the ability to make substantially greater tax payments during that time.
As of December 2017, Palmieri owed $227,709 in taxes, interest and penalties.
Judge Underhill scheduled sentencing for March 12, 2020, at which time Palmieri faces a maximum term of imprisonment of two years, a fine, and restitution to the IRS.
Palmieri is released on bond pending sentencing.
This matter has been investigated by the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Bergen County Man Charged with Using Social Media to Threaten to Kill Federal AgentsRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man was arrested this morning after using his Twitter account to threaten to kill agents of Immigration and Customs Enforcement (ICE), U.S. Attorney Craig Carpenito announced.
Carlos Alejandro Tariche, 22, of Edgewater, New Jersey, was arrested by agents of U.S. Department of Homeland Security, Homeland Security Investigations (HSI), and charged by complaint with one count of interstate communications containing threats to injure. He is scheduled to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.
According to the documents filed in this case and statements made in court:
On Dec. 11, 2019, Tariche used one of his Twitter accounts to post threats to ICE agents: “We need to kill all ICE agents.” He also posted: “Why can’t mass shootings occur at @ICEgov buildings them mfs need to get smoked.” Tariche also used his Twitter account to compare his feelings to that of Elliot Rodger, the individual who carried out a mass shooting at Isla Vista, California, murdering six people and shooting 14 others. Tariche also posted on Twitter: “You might’ve heard I paint houses,” a phrase that refers to murdering people and that was recently popularized by the movie, “The Irishman,” which depicts a mafia hitman.
Law enforcement officers were able to link Tariche to his Twitter account through an investigation of his social media accounts and the locations from where he logged onto his Twitter accounts.
The charge of interstate communications containing threats carries a statutory maximum sentence of five years in prison and a $250,000 fine, or twice the gain or loss from the offense.
U.S. Attorney Carpenito credited special agents of HSI, under the direction of Special Agent in Charge Brian Michael in Newark, with the investigation leading to today’s charge.
The government is represented by Special Assistant U.S. Attorney Kendall Randolph of the U.S. Attorney’s Office’s Organized Crime and Gangs Unit in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Austin-Based Nigerian National Sentenced to Federal Prison for Role in Furthering a Conspiracy to Commit Money LaunderingRead the Press Release
In Austin today, a federal judge sentenced a Nigerian National residing in Austin to 78 months in federal prison for laundering more than $1.7 Million in Business Email Compromise (BEC) scam proceeds stolen from multiple companies, announced U.S. Attorney John F. Bash; Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio; and, Inspector in Charge Adrian Gonzalez, U.S. Postal Inspection Service (USPIS), Houston Division
In addition to the prison term, U.S. District Judge Robert Pitman ordered that 28-year-old Joseph Odibobhahemen pay $1,639,419.57 in restitution; pay a $1.5 million money judgment; and, be placed on supervised release for a period of three years after completing his prison term.
In a BEC scheme, scammers target businesses and individuals making wire transfer payments, often targeting employees with access to company finances. The scammers trick the employees into making wire transfer payments to bank accounts thought to belong to trusted partners—except the money ends up in accounts controlled by the fraudsters. Sometimes the scammers use computer intrusion techniques to alter legitimate payment request emails, changing the recipient bank accounts. Sometimes they send spoofed emails from email addresses similar to the real email accounts used by trusted partners.
On February 7, 2019, Odibobhahemen pleaded guilty to one count of conspiracy to commit money laundering. Odibobhahemen’s co-defendant in this indictment, Nosa Onaghise, pleaded guilty to one count of passport fraud on December 28, 2018. Onaghise, another Nigerian citizen residing in Austin, admitted to attempting to use a false, forged or counterfeit passport to open several bank accounts in the U.S. in April 2018. Onaghise faces up to ten years in federal prison. He remains in federal custody pending sentencing scheduled for 10:00am on February 19, 2020, before Judge Pitman.
Court records in this indictment (A18cr358), and the indictment also returned in Austin against four other coconspirators (A19cr78), show that between November 2016 and April 2019, over $10 million was allegedly sent by victims to accounts controlled by the conspirators, who were able to take in excess of $6 million before law enforcement or financial institutions stopped the fraudulent transfers. Odibobhahemen and the others acquired or controlled dozens of bank accounts opened in the U.S., including in Austin, utilizing fraudulent identification documents, including fraudulent foreign passports in fake names. Once the funds were fraudulently procured and deposited into these bogus accounts, the defendants worked quickly to withdraw or transfer the funds.
The four additional co-conspirators—Bameyi Omale, Chinonso Agbaji, Igho Calaba and Chibuzor Uba—have all pleaded guilty and await sentencing on January 30, 2020.
“This sentencing serves as a real warning to those who use deception to victimize our citizens while defrauding the financial system for personal gain,” said Shane Folden, special agent in charge for HSI San Antonio. “HSI is committed to pursuing thieves such as Mr. Odibobhahemen who brazenly enrich themselves through fraud. HSI will continue to utilize its broad investigative authorities to dismantle transnational criminal organizations who blatantly ignore the laws of this nation.”
Special agents with HSI and USPIS investigated this case. Assistant U.S. Attorneys Michael Galdo and Keith Henneke are prosecuting this case on behalf of the Government.
Arlee man sent back to prison for illegal possession of firearmRead the Press Release
MISSOULA—An Arlee man with a felony record was sentenced today to five years in prison and three years of supervised release after he admitted to illegally possessing a firearm, U.S. Attorney Kurt Alme said.
Gregory Scott Tolley, 59, pleaded guilty to felon in possession of a firearm in September.
U.S. District Judge Donald Molloy presided.
The prosecution said in court records that in December 2018, Tolley was arrested on a state court warrant for failure to appear. At the time, Tolley also was on state probation for felony theft. Officers searched the vehicle Tolley was driving and found a 9mm semi-automatic pistol and ammunition. In 1994, Tolley was convicted in federal District Court in Montana of being a felon in possession of a firearm and for possession of an unregistered firearm and sentenced to 13.5 years in prison. Tolley knew he could not possess firearms because he had signed firearm notification forms in 2007 and 2012, acknowledging that his felony convictions prohibited him from having firearms or ammunition.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by the FBI, Mineral County Sheriff’s Office, Montana Probation and Parole, the Montana Highway Patrol and the U.S. Marshals Service.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
XXX
19 December 2019
Worcester Man Sentenced for Child Pornography OffensesRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court in Worcester for possession of child pornography.
Michael Chapman, 63, was sentenced by U.S. District Court Judge Timothy S. Hillman to 126 months in prison and seven years of supervised release. In September 2019, Chapman pleaded guilty to two counts of possession of child pornography.
On July 2 and 3, 2017, Chapman uploaded images depicting child pornography using his Skype account. He also possessed child pornography on Oct. 6, 2017, on his computer, which agents seized during the execution of a search warrant. Chapman is a registered Level 3 sex offender due to multiple prior convictions. In 2004, he was convicted of two counts of indecent assault and battery on a child under 14 and three counts of obscene material; in 1994, he was convicted of transporting in interstate commerce a visual depiction of a minor engaging in sexually explicit conduct; and, in 1984, he was convicted of rape of a child and four counts of lewd and lascivious acts.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Jason Molina, Acting Special Agent in Charge of Homeland Security Investigations, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office prosecuted the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Wichita Man Sentenced in Theft of 75+ Cell PhonesRead the Press Release
WICHITA, KAN. - A Wichita man was sentenced today to 71 months in federal prison for a robbery in which more than 75 cell phones were stolen from a Sprint store, U.S. Attorney Stephen McAllister said.
Xavier Lopez, 26, Wichita, Kan., pleaded guilty to one count of robbery. In his plea, he admitted he served as a lookout while co-defendant Camarin McPherson, 26, Wichita, Kan., robbed a Sprint store at 530 S. West St. in Wichita. McPherson brandished a firearm and hog-tied a clerk with zip ties before taking 54 Apple iPhones and 24 Samsung Galaxy phones with a total estimated value of more than $60,000.
The robbers were arrested after a chase ended in a wreck at Kellogg and Meridian.
McPherson was sentenced last month to 162 months in federal prison. McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Attorney Matt Treaster for their work on the case.
Wichita Man Pleads Guilty to Robbing BankRead the Press Release
WICHITA, KAN. - A Wichita man pleaded guilty today to robbing a bank, U.S. Attorney Stephen McAllister said.
Jeremy Vos, 21, Wichita, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on July 23, 2019, he robbed Intrust Bank at 5500 E. Harry. He gave the teller a handwritten note saying, “This is a robbery. No (dye) bags. I have a gun.” Police arrested Vos the same day as the robbery.
Wichita police reported Vos had made a false report to 911 shortly before the robbery.
Sentencing is set for March 6. He could face up to 20 years in federal prison and a fine up to $250,000.
McAllister commended the Wichita Police Department, the FBI and Assistant U.S. Jason Hart for their work on the case.
White River Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on December 17, 2019, by U.S. District Judge Roberto A. Lange.
Tyler Standing Bear, a/k/a Ty Standing Bear, age 25, was sentenced to 18 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Standing Bear was indicted by a federal grand jury on May 14, 2019. He pled guilty on September 24, 2019.
The conviction stemmed from an incident that occurred in the Lower Swift Bear Community, near White River, on January 20, 2019. On that date, a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a report of disturbance at a residence. The officer subsequently made contact with Standing Bear and informed him he was going to be placed under arrest on an outstanding warrant, at which point Standing Bear produced a knife. Standing Bear brandished the knife at the officer, ignored the officer’s commands to put the knife down and yelled at the officer to shoot him. Standing Bear then fled the residence on foot.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Standing Bear was immediately turned over to the custody of the U.S. Marshals Service.
West Mifflin Man Operated Marijuana Stash House in Squirrel Hill ApartmentRead the Press Release
PITTSBURGH, PA – A resident of West Mifflin, Pennsylvania, pleaded guilty in federal court to charges related to drug trafficking, United States Attorney Scott W. Brady announced today.
Wayne Barker, age 61, pleaded guilty to two counts before Senior United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking in the Western District of Pennsylvania. In April of 2019, investigators obtained authorization for the interception of wire and electronic communications over a telephone operated by another member of the conspiracy, which continued through May of 2019.
Based in part upon intercepted communications, on May 24, 2019, law enforcement established surveillance in the vicinity of an apartment on Covode Street in the Squirrel Hill neighborhood of Pittsburgh, which was identified by investigators as a large-scale marijuana stash house operated by Barker. While conducting surveillance, law enforcement officials observed a Dodge Ram operated by another member of the conspiracy pull into the driveway of the apartment where several individuals unloaded boxes into the apartment and then loaded two additional boxes into the Dodge Ram. Investigators executed federal search warrants on the vehicle and the apartment, and seized $469,475 from the Dodge Ram. Additionally, the Court was informed that law enforcement seized 404 pounds of marijuana and an additional $5,012 from the apartment as well as vacuum sealers, a money counter and other items indicative of large-scale drug-trafficking.
Judge Schwab scheduled sentencing for May 12, 2020 at 10:00 AM. The law provides for a maximum sentence, as to each count, of not less than five and not more than 40 years in prison, a fine of not more than $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Mr. Barker remains on bond pending sentencing.
Assistant United States Attorney Rebecca L. Silinski is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies include the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Attorney's Office Collects over $780 Million in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
DENVER – U.S. Attorney Jason R. Dunn announced today that the District of Colorado collected $781,336,222 in criminal and civil actions in Fiscal Year 2019. Of this amount, $7,222,012 was collected in criminal actions and $774,114,209 was collected in civil actions.
Additionally, the District of Colorado worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $36,027,598 in cases pursued jointly by these offices. Of this amount, $36,496 was collected in criminal actions and $35,991,102 was collected in civil actions.
“The United States Attorney’s Office has Assistant U.S. Attorneys and collection specialists who have done an outstanding job of collecting money due to the federal government and to victims during the 2018 fiscal year,” said U.S. Attorney Jason Dunn. “This office will continue its focus on these important collection efforts.”
Included in the civil collections was a settlement with HSBC in which HSBC paid $765 million to settle claims related to its securitization and sale of residential mortgage-backed securities (RMBS) between 2005 and 2007. Federally-insured financial institutions and others suffered major losses from investing in RMBS issued and sold by HSBC. Under the settlement, HSBC paid $765 million as a civil penalty pursuant to the Financial Institutions Reform, Recovery and Enforcement Act.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in Colorado, working with partner agencies and divisions, collected $7,058,761 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
U.S. Attorney's Office Collects over $14.1 Million in Civil and Criminal Actions in Fiscal Year 2019, Doubling Collections from Fiscal Year 2018Read the Press Release
LAS VEGAS, Nev. – U.S. Attorney Nicholas A. Trutanich announced today that the District of Nevada collected $14,158,816.85 in criminal and civil actions in Fiscal Year 2019. Of this amount, $8,506,018.90 was collected in criminal actions and $5,652,797.95 was collected in civil actions. These amounts are approximately double the criminal and civil amounts that the District of Nevada collected in Fiscal Year 2018.
Additionally, the District of Nevada worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $11,775,021.59 in cases pursued jointly by these offices. Of this amount, $1,200 was collected in criminal actions and $11,773,821.59 was collected in civil actions.
“The U.S. Attorney’s Office for the District of Nevada is grateful for the extraordinary performance of the dedicated public servants in our Civil Division, particularly the Financial Litigation Unit and the Asset Forfeiture Unit,” said U.S. Attorney Trutanich. “Due to their efforts, our office is able to contribute significant funds for victim compensation, victim assistance, and law enforcement purposes.”
For example, in May, the District of Nevada recovered $1.76 million prior to sentencing as part of a joint criminal and civil case against pharmacy owner Nelson Mukuna. The matter arose out of allegations that Mukuna paid kickbacks to nurse practitioners, inducing them to prescribe medically unnecessary products to be filled at Mukuna’s pharmacy. In August, the District of Nevada also recovered $2.5 million as part of the settlement in the civil case of United States ex rel. Arik v. Nevada Heart & Vascular, Inc. That case was brought by a whistleblower under the False Claims Act and involved allegations that Nevada Heart & Vascular Center received kickbacks to order medically unnecessary genetics tests.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Further, the U.S. Attorney’s office in the District of Nevada, working with partner agencies and divisions, collected $1,431,518 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
###
U.S. Attorney's Office Collects $4,754,430.93 in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
HAMMOND, IN – United States Attorney Thomas L. Kirsch II announced today that the Northern District of Indiana collected $4,754,430.93 in criminal and civil actions in Fiscal Year 2019. Of this amount, $2,135,723.55 was collected in criminal actions and $2,618,707.38 was collected in civil actions.
Additionally, the Northern District of Indiana worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $2,675,024.32 in civil actions pursued jointly by these offices.
“Our financial litigation unit is great at using the tools they have available to locate and collect assets in our criminal and civil actions,” said U.S. Attorney Kirsch. “For individuals who are part of our court cases, that intend to conceal assets, we will do everything we can to make sure your debt to the U.S. is paid.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in Northern District of Indiana, working with partner agencies and divisions, collected $588,720 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
###
U.S. Attorney Davis Announces New Deputy Criminal ChiefRead the Press Release
BOISE – Assistant United States Attorney (AUSA) Christopher S. Atwood is now the District of Idaho’s Deputy Criminal Chief, announced U.S. Attorney Bart M. Davis.
Mr. Atwood is a graduate of the University of Idaho College of Law, where he served on law review and was a dean’s list student. After graduating law school in 2004, he clerked for Fourth Judicial District Court Judge Michael McLaughlin. In September 2005, he joined the Ada County Prosecuting Attorney’s Office, where he handled a number of major felony cases involving violent crime and drugs. In July 2012, he became the fourth Gang Special AUSA to work for the U.S. Attorney’s Office for the District of Idaho. In September 2015, he took the oath of office to become an Assistant U.S. Attorney. He served as the District of Idaho’s Project Safe Neighborhoods (PSN) and Reentry and Prevention Coordinator. He has also been an active criminal litigator throughout his tenure with the office, and will continue to litigate cases in addition to filling the role of Deputy Criminal Chief.
“In light of the office’s growth over the past several years and increasing workload, I am pleased that I am able to have a Deputy Criminal Chief to assist our Criminal Chief,” said U.S. Attorney Davis. “Chris brings an exceptional skillset to the management team and I look forward to working alongside him.”
# # #
Two from Orange County Arrested on Federal Charges Stemming from Murder of Man Who Was Shot on Boat and Dumped into OceanRead the Press Release
SANTA ANA, California – Federal agents this morning arrested two Orange County residents on charges stemming from the slaying of a man who was shot in the head and dumped from a boat off the California coast.
The two defendants are named in federal criminal complaints filed late Wednesday and unsealed today that allege the victim was lured onto a boat in the Dana Point Harbor on October 14 with promises of an overnight fishing trip. The victim’s body was recovered from the Pacific Ocean several miles northwest of Oceanside on October 16. The San Diego County Medical Examiner’s Office determined that he was a homicide victim who drowned after being shot and suffering blunt force trauma.
The two defendants arrested this morning are:
- Hoang Xuan Le, also known as “Wayne,” 38, of Fountain Valley, an alleged drug trafficker, who is charged with first-degree murder; and
- Sheila Marie Ritze, 40, of San Juan Capistrano, a registered owner of the boat, who is charged with being an accessory after the fact.
Le and Ritze are expected to make their initial appearances this afternoon in United States District Court in Santa Ana.
“Le has confessed to a confidential human source that he took the victim out on the boat, confronted the victim about a debt owed, shot the victim, tied weights to the victim’s ankles, and sank the victim’s body in the ocean,” according to the affidavit in support of the criminal complaints.
The affidavit describes how Le told people, including the victim’s girlfriend, that he had decided at the last minute not to go on the fishing trip. But, nine days after the body was recovered, the confidential human source (CHS) contacted a member of the victim’s family to say Le had told a different story. During a meeting several days later that was recorded by investigators, the CHS reported that Le confessed to killing the victim because the victim owed Le $30,000 to $40,000. During a second meeting, the CHS expressed a willingness to work with law enforcement.
During a November 10 meeting at Le’s residence, the CHS, who was now working with law enforcement, purchased cocaine from Le, according to the affidavit. During this meeting, Le indicated a willingness to be a killer for hire. During subsequent meetings that were also recorded, Le sold more narcotics to the CHS, and Le again expressed a willingness to be hired as a hit man. Authorities found an AR-15-type rifle, a shotgun, and a crossbow at Le’s residence this morning.
Ritze is linked to the murder by information showing her phone was in the location of the harbor at the times the boat left and returned, and by surveillance tapes made at Dana Point Harbor showing three individuals – believed to be Ritze, Le and the victim – when the boat is launched, but showing only Ritze and Le when the boat returned hours later.
In addition to being one of two registered owners of the boat linked to the murder, Ritze allegedly surveyed surveillance cameras in the area around Dana Point Harbor soon after the murder and purchased a tracking device found after the murder on a vehicle belonging to the victim’s girlfriend, according to data retrieved from Ritze’s phone that is outlined in the affidavit.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The first-degree murder charge against Le carries potential sentences of life without parole or the death penalty. The accessory after the fact charge against Ritze carries a statutory maximum sentence of fifteen years in federal prison.
This matter is being investigated by the FBI and the Coast Guard Investigative Service.
This case is being prosecuted by Assistant United States Attorney Greg Scally of the Santa Ana Branch Office.