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26 November 2019
Federal Grand Jury Indicts Man for Gun OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced that HAKEEM ALEXANDER COLES, age 24, a resident of Minneapolis, Minnesota, was charged on November 21, 2019 in a two-count indictment by a Federal Grand Jury for possessing an unregistered firearm and for being a felon in possession of a firearm.
If convicted of being a felon in possession of a firearm, COLES faces a maximum term of imprisonment of ten (10) years, a maximum fine of $250,000 and up to 3 years of supervised release years of supervised release. If convicted of possessing an unregistered firearm, COLES faces a maximum term of imprisonment of ten (10) years, a maximum fine of $10,000 and up to 3 years of supervised release.
U. S. Attorney Strasser reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Former Attorney General Jeff Sessions made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, then Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN was launched in 2001.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The Violent Crime/Strike Force Unit of the United States Attorney’s Office has prosecuted this case with support from Project Guardian partners, including the ATF and the Jefferson Parish Sheriff’s Office. Assistant U.S. Attorney Jesse Eshkol is in charge of the prosecution.
For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/ag/project-guardian-memo-2019/download.
East Hartford Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that EYISIEL ORTEGA, also known as “EG,” “D” and “E,” 20, of East Hartford, pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to drug distribution and gun possession offenses.
This matter stems from an investigation headed by the ATF and East Hartford Police Department into drug trafficking and related acts of violence by a group of individuals operating out of the Mayberry Village housing complex in East Hartford.
According to court documents and statements made in court, between September and November 2017, investigators conducted controlled purchases of crack cocaine from Ortega. Ortega was arrested on November 7, 2017. On that date, a court-authorized search of his residence revealed a loaded .380 caliber Ruger LCP semi-automatic pistol, 20 loose rounds of ammunition, approximately 30 grams of crack cocaine, a quantity of fentanyl and $4,530 in cash. The firearm had been reported stolen in Georgia.
Ortega pleaded guilty to one count of possession with intent to distribute cocaine base (“crack”), which carries a maximum term of imprisonment of 20 years, and one count of possession of a firearm in furtherance of a drug trafficking crime, which carries a mandatory consecutive sentence of at least five years. A sentencing date is not scheduled.
Ortega has been detained since his arrest.
This investigation is being conducted by the ATF and East Hartford Police Department, with the assistance of the Connecticut Department of Correction and the Minot (N.D.) Police Department. The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Dunbar Man Pleads Guilty to Drug and Gun CrimesRead the Press Release
CHARLESTON, W.Va. – A Dunbar man pled guilty to federal drug and gun crimes, announced United States Attorney Mike Stuart. Bari Myricks, 47, pled guilty to possession with intent to distribute 40 or more grams of fentanyl and to being a felon in possession of a firearm.
“A felon with firearms distributing fentanyl,” said United States Attorney Mike Stuart. “Fentanyl is deadly. Guns in the wrong hands are dangerous. We continue to prosecute fentanyl dealers and those prohibited from possessing firearms with a sense of urgency to protect the public.”
Myricks admitted that on May 7, 2018, the vehicle he was driving was stopped by law enforcement officers due to a traffic violation. He further admitted that after a police K-9 trained in drug detection indicated narcotics were present in his vehicle, police conducted a search of his vehicle, finding heroin in a plastic bag. Officers with the Metropolitan Drug Enforcement Network Team (MDENT) later searched Myricks’ residence on Roxalana Road, finding over 100 grams of fentanyl, marijuana, over $12,000 in cash and two firearms. Myricks knew he was prohibited from possessing the firearms due to prior felony convictions.
Myricks faces a term of imprisonment of five to 40 years imprisonment when he is sentenced on February 20, 2020.
MDENT conducted the investigation. Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Andrew J. Tessman is handling the prosecution.
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District Man Sentenced to 20 Years in Prison for 2008 Murder of Best FriendRead the Press Release
WASHINGTON – Astriane Horton, 37, was sentenced today to 20 years in prison for the 2008 murder of his best friend, Deon Coleman, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Horton pled guilty in August 2019 to second-degree murder while armed and two counts of obstructing justice, in the Superior Court for the District of Columbia. The Honorable Danya Dayson sentenced him to 20 years in prison to be followed by five years of supervised release. The sentence on the obstruction counts will run concurrently with the sentence for murder. Horton was also ordered to stay away from witnesses after his release from prison.
According to the government’s evidence, Horton kept a gun behind his grandmother’s house, on Halley Terrace, SE, the location of which was known only to Horton, Coleman, and a mutual friend. When the gun went missing, on June 19, 2008, Horton became upset and believed that Coleman had stolen the gun, and in so doing, had disrespected him. At that point, Horton began searching for Deon Coleman, eventually tracking him to Brandywine Street, SW, where Coleman lived.
Shortly before 10pm that night, Astriane Horton arrived at the Coleman’s home and confronted him in the street about the missing gun. After initially appearing to part on good terms, the two men had a brief exchange of words, during which, Horton accused Coleman of taking the gun, and Coleman denied taking it. Horton then reached through the driver’s side window of the car in which Coleman sat, threw punches, then pulled out a gun and fired four (4) close range shots, striking Coleman in the face, neck, back and forearm, injuries from which Deon Coleman would not survive.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department, and also expressed appreciation for the assistance of law enforcement in Cabarrus County, North Carolina.
They further expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Chrisellen Kolb, Deputy Chief of the Appellate Division; Supervisory Paralegal Specialist Sharon Newman, Paralegal Specialists Alesha Matthews Yette, Meridith McGarrity, and Kelly Blakeney; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator LaJune Thames; Supervisory Victim/Witness Services Coordinator Katina Adams-Washington; Supervisory Budget Analyst Nikiya Burnette, Budget Officer Natalie Hope; Litigation Technology Specialists Paul Howell, and William Henderson; Supervisory Litigation Technology Specialist Leif Hickling, and Investigative Analyst Zachary McMenamin.
Finally, they praised the work of Assistant U.S. Attorney S. Vinét Bryant, who investigated and indicted the case and secured the guilty plea.
Clarence Center Man Pleads Guilty to Tax EvasionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Mark E. Wolanyk, 61, of Clarence Center, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to tax evasion. The charge carries carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John D. Fabian, who is handling the case, stated that in October 2010, the defendant and his minor son opened an account at First Niagara Bank in the name of the minor son, with Wolanyk listed as a custodian on the account. From October 2010 through December 2013, the defendant made deposits into the First Niagara account, including business deposits, totaling approximately $258,911.49. Between January 2011 and December 2013, Wolanyk made cash withdrawals from the First Niagara account totaling approximately $260,875.
In September 20, 2011, during the course of IRS efforts to collect taxes owed by the defendant, Wolanyk submitted what is known as a Collection Information Statement for Wage Earner and Self-Employed Individuals to the IRS. However, the defendant failed to list the First Niagara account in a designated area for listing bank accounts.
In January, April, and December of 2013, the defendant was issued five checks totaling $60,000 as compensation for services rendered in connection with a real estate transaction. All five checks were deposited into the First Niagara account.
In October 15, 2014, Wolanyk filed a false Form 1040 U.S. Individual Income Tax Return for 2013 claiming $77,477 in gross income and $56,491.58 in total income. The defendant knew his taxable income for the calendar year was greater than the amount reported on the tax return. On February 24, 2014, the defendant had previously filed a Form 1040 U.S. Individual Income Tax Return for 2013 claiming -$1,500 total income. Neither return reported the five checks totaling $60,000 deposited into the First Niagara Account.
The total tax loss associated with the defendant’s conduct is $243,386.
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Jonathan D. Larsen, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for April 3, 2020, before Judge Vilardo.
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Chinese National Sentenced to Prison for Entering the Restricted Grounds at Mar-a-Lago and Lying to U.S. Secret Service AgentsRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; Brian Swain, Special Agent in Charge of the U.S. Secret Service’s (USSS) Miami Field Office; and George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office announced that Yujing Zhang, 33, a Chinese national, was sentenced today to prison after having been previously convicted by a South Florida federal jury of unlawful entry of restricted buildings or grounds and making false statements to U.S. Secret Service agents.
Zhang was sentenced by U.S. District Judge Roy K. Altman, in Fort Lauderdale, Florida to a total of eight months in prison, to be followed by two years of supervised release (Case No. 19CR80056).
According to the trial record, Zhang fraudulently gained entry onto the restricted grounds at the Mar-a-Lago Club where the U.S. President and other persons protected by the U.S. Secret Service were temporarily visiting. U.S. Secret Service agents detained Zhang at the main reception area due to her suspicious actions. Zhang was then escorted off the property for further questioning. During questioning, Zhang repeatedly misrepresented to U.S. Secret Service agents that she was at the Mar-a-Lago Club to attend a “United Nations Friendship Event.”
U.S. Attorney Fajardo Orshan commended the investigative efforts of the USSS’s Miami Field Office and the FBI’s Miami Field Office in this matter. The case was prosecuted by Assistant U.S. Attorneys Rolando Garcia and Michael Sherwin.
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 on http://pacer.flsd.uscourts.gov.
Chinese National Pleads Guilty to Smuggling More Than 300 Endangered and Vulnerable Turtles from the U.S. to ChinaRead the Press Release
EUGENE, Ore.—A Chinese national pleaded guilty today for directing a scheme whereby hundreds of endangered and vulnerable turtles were purchased in the U.S. and smuggled via U.S. mail and commercial airline flights to China.
Xiao Dong Qin, 34, a resident of Shanghai, China, pleaded guilty to one count of conspiring to smuggle goods from the U.S.
According to court documents, beginning in at least May 2017 and continuing until June 2018, Qin directed an unindicted co-conspirator in Eugene to purchase more than 300 live turtles from reptile dealers in Alabama, California, Florida, Kentucky, Michigan, New Jersey, Nevada, North Carolina, and South Carolina. All of the turtles purchased and smuggled by Qin are protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
A two-year investigation by the U.S. Fish and Wildlife Service (USFWS) revealed that in a 13-month period, Qin facilitated the purchase and transportation of approximately 136 Florida box turtles, 76 eastern box turtles, 57 North American wood turtles, 20 spotted turtles, 18 diamondback terrapins, seven yellow-blotched map turtles, and one Blanding’s turtle. USFWS investigators determined the market value of the turtles involved in this investigation exceeded $250,000 in the Chinese pet trade.
In February 2019, Qin was arrested at the Los Angeles International Airport by USFWS agents when he arrived from Shanghai.
Qin faces a maximum sentence of ten years in prison, a $250,000 fine and three years of supervised release. He will be sentenced on February 27, 2020 before U.S. District Court Judge Michael J. McShane.
As part of the plea agreement, Qin has agreed to pay nearly $8,000 in restitution to rehabilitation facilities near Chicago and San Antonio; and The Turtle Conservancy near Los Angeles for costs associated with the care of turtles intercepted by law enforcement.
This case was investigated by USFWS with assistance from the U.S. Postal Inspection Service. It is being prosecuted by Pamela Paaso, Assistant U.S. Attorney for the District of Oregon.
Photo of Seized Eastern Box TurtleCalifornia Man Indicted on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging David Katz, 55, of Chula Vista, CA, with conspiracy to possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin, attempted possession with intent to distribute one kilogram or more of heroin, and attempted possession with intent to distribute five kilograms or more of cocaine. The charges carry a mandatory minimum penalty of 10 years in prison, and a maximum of life.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the indictment and information presented in court, on June 7, 2017, Homeland Security Investigations Special Agents seized two kilograms of heroin in Phoenix, AZ, and another 10 kilograms of cocaine in Buffalo, NY. Subsequent investigation revealed that the defendant funded a portion of the heroin and drove the heroin from California to the area of Phoenix, AZ. Katz also helped fund a portion of the cocaine that was seized in Buffalo. During the investigation, the defendant discussed with an undercover investigator, the sale of a portion of a warehouse he owns in Chula Vista, in an attempt to fund large quantity narcotics transactions.
Katz is currently detained in California and will be brought to the Western District of New York at a later date.
The indictment is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Cache Valley Resident Charged in Fraud Scheme, Allegations Include Diverting $462,000 from Vulnerable VictimRead the Press Release
SALT LAKE CITY –Thomas Fairbanks, age 66, of Logan, Utah, who faces a five-count indictment alleging he devised schemes to defraud investors, including a vulnerable adult, will be in federal court Dec. 5, 2019, at 10:15 a.m. for an initial appearance. The indictment alleges Fairbanks devised a scheme to defraud investors using materially false and fraudulent pretenses, representations and promises, and omissions of material facts.
As a part of the scheme, Fairbanks earned the trust of a vulnerable older adult, identified as B.D. in the indictment, and diverted at least $462,000 of her money for his personal use and benefit. B.D. is unmarried, has no children, and is in her 80s.
According to the indictment, Fairbanks was the founder and CEO of SupplyLine Partners, an unregistered business. The company maintains a website, which purports to provide marketing, administrative, and other business support services. It has never been registered to issue securities, the indictment alleges. Fairbanks is involved in other business entities.
Fairbanks offered and sold an investment opportunity in SupplyLine to B.D. and a couple, identified as J.H. and R.H., in the indictment. Fairbanks accepted $45,500 in cash from these victims, promising them a 6 percent return – or their money back. According to the indictment, investment contracts are securities.
Fairbanks made a number of misrepresentations to the investors, including telling them assets of other business collateralized their investment, they could liquidate their investments at any time, they would receive an accounting of their investment, and the funds would go toward SupplyLine’s business efforts – among other things.
In an effort to induce further investments, the indictment alleges Fairbanks began giving investment and financial advice to B.D. B.D. opened a joint personal checking and savings account with Fairbanks using her money. The indictment alleges B.D. believed Fairbanks would help manage her finances, deal with her finances in her best interest, not put her money at substantial risk, and help her write checks. The $462,000 he diverted from B.D.’s account is in addition to the $40,000 she invested in SupplyLine.
Fairbanks utilized his interests in other business entities to receive the misappropriated funds, the indictment alleges.
Combatting financial fraud targeted at seniors is a key priority of the U.S. Department of Justice and the U.S. Attorney’s Office in Utah. Together with federal, state, local and tribal partners, the Department of Justice and U.S. Attorney’s Office are committed to combatting financial exploitation through enforcement actions, training and resources, research, victim services, and public engagement efforts. The U.S. Attorney’s Office in Utah recently collaborated with the Utah Division of Aging and Adult Services to provide training on financial fraud and elder abuse for more than 100 law enforcement officers in Utah.
Fairbanks faces up to 20 years in prison for each of the wire fraud counts (two counts), up to five years for each count of securities fraud (two counts), and up to 10 years for the money laundering count. Indictments are not findings of guilt. Individuals charged in indictments are presumed innocent unless or until proven guilty in court.
Assistant U.S. Attorneys from the U.S. Attorney’s Office are prosecuting the case. The Utah Division of Securities along with special agents of the FBI are investigating the case.
Buffalo Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 53, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possession with intent to distribute 28 grams or more of crack cocaine, and possession of a firearm in furtherance of drug trafficking activity. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $5,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials.
The plea is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for March 31, 2020, before Judge Arcara.
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Brooklyn Man Pleads Guilty to Kidnapping ConspiracyRead the Press Release
Earlier today, at the federal courthouse in Brooklyn, Sherzod Mukumov pled guilty to conspiracy to commit kidnapping. As alleged in the indictment, Mukumov and his co-conspirators used a Taser to subdue and abduct a victim to collect a debt the victim purportedly owed to one of Mukukmov’s co-defendants. The plea proceeding was held before United States District Judge I. Leo Glasser. When sentenced, Mukumov faces up to life in prison, as well as forfeiture and a fine of up to $250,000.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
In December 2018, the victim joined a pre-existing scheme of Mukumov and others to help applicants for New York State commercial driver’s licenses cheat on tests administered by the Department of Motor Vehicles, in exchange for cash. When the victim ended his involvement in the scheme after approximately two weeks, his former co-conspirators claimed he owed them money.
On the morning of March 28, 2019, Mukumov and his co-conspirators assaulted the victim outside an apartment building in Brooklyn. While the victim was clinging to the front door of the building, he was shocked multiple times by a Taser device held by one of Mukumov’s co-defendants, and lost consciousness. The victim subsequently regained consciousness inside a vehicle, with his hands bound. Mukumov and his co-defendants drove the victim to a deserted area in a parking garage, and took his telephone and other personal items. They then drove to a bank where they forced the victim to open an account and write them a check in partial payment of the purported debt. The victim was released later that day, after he was forced to surrender his driver’s license, green card and bank card.
The government’s case is being handled by the Office’s Public Integrity Section. Special Assistant United States Attorney Virginia Nguyen and Assistant U.S. Attorney Turner Buford are in charge of the prosecution.
The Defendant:
Sherzod Mukumov
Age: 27
Brooklyn, NYE.D.N.Y. Docket No. 19-CR-223 (ILG)
Bronx Man Sentenced to 24 Years in Prison for Violent RobberyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, John B. DeVito, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James P. O’Neill, Commissioner of the Police Department for the City of New York (“NYPD”), announced that WILFREDO SEPULVEDA, a/k/a “Dionico de la Cruz Rodriguez,” a/k/a “Tonito,” was sentenced yesterday in Manhattan federal court by United States Circuit Judge Richard J. Sullivan to 24 years in prison. SEPULVEDA was convicted of narcotics and robbery charges after a five-day trial in March 2019.
U.S. Attorney Geoffrey S. Berman said: “The defendant carried out a violent robbery to steal drugs and cash. In doing so, he threatened the lives of multiple innocent victims. I would like to extend my gratitude to the ATF and NYPD for their outstanding work in ensuring that the defendant faced the justice he deserved.”
ATF Special Agent-in-Charge John B. DeVito stated: “The defendant committed various acts of violence where he brandished knives and firearms and terrorized others for narcotics and money. These acts threatened the lives of both rival dealers and innocent citizens on the street. The core of the ATF mission is to protect the public from violent crime. To that end, we will work tirelessly with our partners to bring individuals bent on committing violent acts to justice. I would like to thank the members of the ATF/ NYPD SPARTA Task Force for their diligent work on this case. I would also like to extend my gratitude to the United States Attorney’s Office for their work in prosecuting the case.”
NYPD Commissioner James P. O’Neill stated: “I want to commend our law enforcement partners for bringing justice in this violent case. Working together, our quest to investigate and solve crime, and to keep New York and its residents safe, continues.”
According to the allegations contained in the Indictments, evidence presented at trial, and other court documents previously filed in Manhattan federal court:
In the spring of 2018, SEPULVEDA spent months plotting to rob his source of narcotics. On May 14, 2018, SEPULVEDA disguised himself in a wig and a dress, armed himself with a gun and a knife, and went to his drug dealer’s apartment to commit the robbery. Inside the apartment, SEPULVEDA encountered the dealer’s 83-year-old mother-in-law, who, at the time, was home alone. SEPULVEDA brandished the knife and firearm, threatened that elderly victim’s life, and then ransacked the apartment. After SEPULVEDA found approximately 1.5 kilograms of narcotics and $13,000 in cash, he fled the apartment and encountered a neighbor who attempted to intervene. The neighbor chased SEPULVEDA onto the street where SEPULVEDA engaged in a struggle with the neighbor near a school. During the struggle, SEPULVEDA brandished a firearm and threatened the neighbor’s life. Shortly thereafter, police responded to the scene of the crime, placed SEPULVEDA under arrest, and recovered the firearm, narcotics, and cash, as well as the dress and wig SEPULVEDA had used as a disguise.
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In addition to his prison term, SEPULVEDA, 41, of the Bronx, New York, was also sentenced to five years of supervised release.
Mr. Berman praised the investigative work of the NYPD and the ATF, and in particular the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which is composed of agents and officers of the ATF and the NYPD.
The prosecution is being handled by the General Crimes Unit of the U.S. Attorney’s Office for the Southern District of New York. Assistant U.S. Attorneys Kyle A. Wirshba and Elinor L. Tarlow are in charge of the prosecution.
Broken Arrow Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
A Broken Arrow man was sentenced today in U.S. District Court to just over seven years in prison for the attempted receipt of child pornography, announced U.S. Attorney Trent Shores.
Chief U.S. District Judge John E. Dowdell sentenced Carl Thomas Spaeth, 35, to 87 months in federal prison to be followed by five years of supervised release, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. Spaeth will also be ordered to register as a sex offender.
“Carl Spaeth knowingly engaged in sexually graphic communications and requested child pornography from someone he thought to be a 14-year-old girl. He even arranged an in-person meeting with the purported child,” said U.S. Attorney Trent Shores. “Rather than finding a teenage girl at the meet spot, Spaeth found himself face-to-face with law enforcement agents from the FBI and Tulsa Police Department. I am so thankful for the work of law enforcement to keep children safe from predators like Mr. Spaeth.”
Spaeth pleaded guilty on Sept. 5. In his plea agreement, Spaeth admitted that between July 5 and July 10, 2019, he used a cell phone app to talk with an individual he believed to be a 14-year-old girl. In actuality, he was communicating with a law enforcement officer. During the course of the conversation, Spaeth described sexual acts he wanted to engage in with the “girl.” He further asked for explicit pictures and sent sexually explicit pictures of himself via the app.
This prosecution is the result of Operation Independence Day, a month-long operation led by the FBI to apprehend child predators and recover victims of child exploitation and sex trafficking. The operation was executed during the month of July.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Victor A.S. Régal prosecuted the case.
Operation Independence Day is part of the broader Project Safe Childhood initiative. PSC combats the growing epidemic of child sexual exploitation and abuse and was launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Brockton Man Pleads Guilty to Federal Firearm and Drug OffensesRead the Press Release
BOSTON – A Brockton man pleaded guilty today in federal court in Boston to firearm and drug charges.
Kawana Tillman, 47, pleaded guilty to being a felon in possession of a firearm and ammunition, one count of possession with intent to distribute cocaine base and one count of possession with intent to distribute more than 28 grams of cocaine base. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Feb. 26, 2020. Tillman was arrested on April 30, 2019, and has been in custody since.
On March 10, 2018, Tillman was illegally in possession of a Glock, Model 26, 9mm semi-automatic handgun and three rounds of 9mm ammunition. Tillman has prior felony drug conspiracy and firearm convictions, and is therefore prohibited from possession firearms and ammunition. On March 19, 2018, and April 30, 2019, Tillman was in possession of various amounts of cocaine base.
The charge of being a felon in possession of a firearm and ammunition provides a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of possession with intent to distribute cocaine base carries a sentence of up to 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of possession with intent to distribute 28 grams or more of cocaine base provides for a mandatory minimum sentence of five years and up to 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; Plymouth County District Attorney Timothy J. Cruz; Suffolk County District Attorney Rachael Rollins; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Commissioner William Gross made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Lelling’s Organized Crime and Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Brazilian National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Brazilian national pleaded guilty and was sentenced today in federal court in Boston for illegally reentering the United States after being deported.
Antonio Ferreira, 56, pleaded guilty to one count of illegal reentry of a deported alien, and was sentenced by U.S. District Court Judge Richard G. Stearns to time served (approximately 17 months). Following the sentencing hearing, Ferreira was transferred to ICE custody and will be placed into removal proceedings.
In 2007, Ferreira was encountered by law enforcement and determined to be illegally present in the United States. Ferreira was placed into removal proceedings and on April 5, 2007, he was deported to Brazil. Sometime thereafter, Ferreira illegally reentered the United States. In June 2018, law enforcement officers encountered Ferreira, obtained his fingerprints, and matched them to the prints in his alien file.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Bellingham Man Sentenced for Million Dollar Embezzlement SchemeRead the Press Release
BOSTON – A Bellingham man was sentenced today in federal court in Boston in connection with a scheme to embezzle over $1 million from a Massachusetts company.
Darren Cormier, 35, was sentenced by U.S. District Court Judge Richard G. Stearns to 31 months in prison, three years of supervised release and ordered to pay forfeiture and restitution each in the amount of $1,284,792. In March 2019, Cormier pleaded guilty to one count of conspiracy to commit wire fraud and five counts wire fraud. Earlier this month, co-conspirator Michael H. Tran, 35, of Woonsocket, R.I., was sentenced in connection with the same scheme. Tran was sentenced 46 months in prison, three years of supervised release and ordered to pay forfeiture and restitution each in the amount of $1,284,792.
Cormier, who worked as a product manager for a Bellingham manufacturing company, worked with Tran to embezzle millions of dollars from the company. From December 2013 to May 2016, Cormier told the company owners that he was purchasing equipment for the company using his PayPal account, which was linked to the company’s credit cards. Instead of making legitimate equipment purchases, however, Cormier used his PayPal account to pay Tran, who withdrew the money in cash and used it to pay for personal expenses. Tran and Cormier concealed the fraud by adjusting the names settings in Tran’s PayPal account to make it appear on account statements as if the payments were submitted to legitimate vendors. Cormier and Tran also submitted fraudulent invoices and purchase orders to the company in the name of some non-existent vendors, such as “A Plug Tool Supply” and “MHT Industrial.”
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement. Assistant U.S. Attorney Jordi de Llano, Deputy Chief of Lelling’s Securities and Financial Fraud Unit, prosecuted the case.
Bedford Man Pleads Guilty to KidnappingRead the Press Release
BOSTON – A Bedford man pleaded guilty in federal court in Boston in connection with a kidnapping that began in Concord, Mass., and ended in Connecticut.
Julian Field, 24, pleaded guilty to one count of kidnapping before U.S. Senior District Court Judge Douglas P. Woodlock who scheduled sentencing for March 3, 2020. In February 2019, Field was charged and arrested in Key West, Fla.
On the evening of Feb. 3, 2019, Field broke into the home of a Concord resident and forced the victim to drive him to a train station in Connecticut, first stopping in Springfield, Mass., to attempt to procure illegal drugs. Field ultimately allowed the victim to leave and authorities subsequently tracked Field to Florida, where he was arrested.
The charge of kidnapping provides for a sentence of up to life in prison, up to five 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; Concord Police Chief Joseph O’Connor; and Bedford Police Chief Robert Bongiorno made the announcement today. FBI Miami and the Monroe County (FL) Sheriff’s Office provided valuable assistance with the investigation. Assistant U.S. Attorney Anne Paruti with Lelling’s Criminal Division is prosecuting the case.
Amherst Man Charged with Unlawful Possession of A MachinegunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Rejjie Ni, 22, of Amherst, NY, was arrested and charged by criminal complaint with unlawful possession of a machine gun, and unlawful possession of an unregistered machinegun. The charges carry a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that according to the complaint, on March 18, 2019, the Amherst Police Department responded to an apartment complex on Herron Drive. A maintenance worker conducting a routine inspection of the defendant’s apartment noticed a number of firearms in the apartment in plain view. The maintenance worker left the building and notified his manager who then notified police.
When officers arrived, Ni allowed them into the apartment. Once inside, officers made contact with Ni and three others. Officers discovered numerous rifles, ammunition boxes, and ammunition magazines, as well as a box that appeared to be for a rifle that displayed a shipping address from the State of Texas, sent directly to Ni in New York State.
Officers then obtained a New York State search warrant and recovered a total of 33 rifles, two shotguns and numerous rounds of ammunition. Nineteen rifles and some of the ammunition were located in Ni's room. The officers seized three of the firearms which were believed to be illegal under New York State law.
According to the complaint, the defendant converted at least one of the firearms into an illegal machinegun.
The defendant is being held following a detention hearing this afternoon before U.S. Magistrate judge Michael J. Roemer.
The complaint is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division, and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Albanian National Admits use of Fraudulent United States PassportRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man today admitted that he used a fraudulently made United States passport to travel abroad, U.S. Attorney Craig Carpenito announced.
Jetmir Memija, a/k/a “Shefki Hoti,” 42, an Albanian national residing in Edgewater, New Jersey, pleaded guilty before U.S. District Court Judge Susan D. Wigenton to an information charging him with one count of using a fraudulently made passport.
According to documents filed in this case and statements made in court:
On July 11, 2011, Memija, who had illegally entered the United States in 1996, applied for a United States passport. He submitted false information regarding his date of birth and Social Security number. Memija submitted the personal identifying information of a family member along with his photograph. A United States passport book was issued to Memija based on this false information, which he used to gain entry into the Republic of Albania.
The passport fraud charge carries a maximum potential sentence of 10 years in prison. Sentencing is scheduled for March 2, 2020.
U.S. Attorney Carpenito credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael, Newark, with the investigation leading to today’s guilty plea. He also thanked the U.S. Citizenship and Immigration Services, Fraud Detection and National Security Directorate, Newark; and Immigration and Customs Enforcement-Enforcement and Removal Operations for their assistance.
The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S Attorney’s Office National Security Unit in Newark.
APRN Who Received Kickbacks from Insys Therapeutics for Prescribing Fentanyl Spray is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that HEATHER ALFONSO, 46, of South Carolina, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to three years of probation for engaging in a kickback scheme related to fentanyl spray prescriptions.
According to court documents and statements made in court, Alfonso formerly resided in Connecticut and was employed as an Advanced Practice Registered Nurse (APRN) at Comprehensive Pain and Headache Treatment Center (CPHTC) located in Derby. As part of her practice, Alfonso prescribed various controlled substances, including Subsys, a fentanyl-based sublingual spray that was approved by the Food and Drug Administration solely for the management of breakthrough pain in cancer patients. Subsys was manufactured and sold by Insys Therapeutics, an Arizona-based pharmaceutical company.
A review of Medicare Part D prescription drug events for prescribers of Subsys showed that Alfonso was responsible for approximately $2.5 million in claims and was the highest prescriber of the drug in Connecticut. Interviews with several of Alfonso’s patients, who were Medicare Part D beneficiaries and were prescribed Subsys, revealed that most of them did not have cancer, but had taken the drug to treat their chronic pain. Medicare and most private insurers did not pay for Subsys unless the patient had an active cancer diagnosis and an explanation that the drug was needed to manage the patient’s cancer pain.
An investigation revealed that Insys Therapeutics representatives were inducing medical practitioners around the country to prescribe Subsys over other similar medications by paying the medical practitioners to participate in hundreds of sham “Speaker Programs.” The Speaker Programs, which were typically held at high-end restaurants, were ostensibly designed to gather licensed healthcare professionals who had the capacity to prescribe Subsys and educate them about the drug. In truth, the events were usually just a gathering of friends and co-workers, most of whom did not have the ability to prescribe Subsys, and no educational component took place. “Speakers” were paid a fee that ranged from $1,000 to several thousand dollars for attending these dinners. At times, the sign-in sheets for the Speaker Programs were forged to make it appear that the programs had an appropriate audience of healthcare professionals.
Between approximately January 2013 and March 2015, Insys Therapeutics paid Alfonso approximately $83,000 to act as a “speaker” for more than 70 dinner programs. In many instances, the dinner programs were only attended by Alfonso and an Insys Therapeutics sales representative. In other instances, the programs were attended by CPHTC staff and Alfonso’s friends, none of whom had licenses to prescribe controlled substances.
Alfonso’s conduct resulted in a loss to Medicare of $2,564.501.64. Judge Arterton ordered Alfonso to pay full restitution, jointly and severally with other defendants convicted in this scheme.
On June 25, 2015, Alfonso pleaded guilty to one count of receiving kickbacks in relation to a federal healthcare program.
Several other individuals affiliated with Insys Therapeutics, and medical practitioners involved in this kickback scheme, have been charged and convicted in the District of Connecticut and in other Districts across the U.S. On May 2, 2019, a federal jury in Boston found John N. Kapoor, the founder and former Executive Chairman of Insys Therapeutics, and four other former Insys executives guilty of racketeering conspiracy.
In sentencing Alfonso, Judge Arterton credited Alfonso’s prompt acceptance of responsibility, her assistance to the government’s prosecution of other defendants, and the extensive testimony she provided during the trial in the District of Massachusetts.
In June 2019, Insys Therapeutics agreed to pay a total of $225 million to resolve criminal and civil investigations of the company.
The investigation in the District of Connecticut has been conducted by the U.S. Department of Health and Human Services Office of the Inspector General and the Federal Bureau of Investigation, with the assistance of the Drug Enforcement Administration’s Tactical Diversion Squad. The case is being prosecuted by Assistant U.S. Attorneys Douglas P. Morabito, Sarah P. Karwan and Richard M. Molot.
U.S. Attorney Durham encouraged individuals who suspect health care fraud to report it by calling the Health Care Fraud Task Force (203) 785-9270 or 1-800-HHS-TIPS.
25 November 2019
Wilmington Source of Methamphetamine Receives 21 Years in Federal PrisonRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge James C. Dever III sentenced Aaron ROBICHAUX, 36, of New Hanover County North Carolina, to 252 months imprisonment, followed by 5 years of supervised release.
On April 15, 2019, ROBICHAUX pled guilty to conspiracy to distribute and possess with the intent to distribute five-hundred (500) grams or more of methamphetamine, possession with intent to distribute a quantity of methamphetamine and cocaine and aiding and abetting another, and possession of a firearm by a convicted felon.
On April 11, 2018, the Federal Bureau of Investigations made a controlled purchase of a quantity of crystal methamphetamine from Anthony Capps, Jr. who had been supplied the methamphetamine by ROBICHAUX in Wilmington, North Carolina.
On April 19, 2018, the FBI again made a controlled purchase from Capps of approximately 2 ounces of crystal methamphetamine that had been supplied by ROBICHAUX.
On June 21, 2018, the New Hanover County Sheriff’s Narcotics Section served a search warrant at ROBICHAUX’S residence in Wilmington. Law enforcement found an ounce of cocaine, approximately an ounce of methamphetamine, a loaded 9mm handgun, a loaded .380 caliber handgun and more than $27,000 in United States Currency.
Law enforcement found an additional ounce of methamphetamine and more than $1,000 on ROBICHAUX after he was placed under arrest. Meghan Kunz, who also resided at the residence, was arrested at a later time.
According to law enforcement and information obtained from the investigation, between the summer of 2017 and April 2018, ROBICHAUX distributed approximately a pound and a half of methamphetamine in Eastern North Carolina. On at least one occasion, ROBICHAUX had Kunz transport methamphetamine concealed on her person.
Kunz and Capps have previously been sentenced in Federal Court. Kunz received a 60 month prison sentence and four years supervised release and Capps received a 72 month prison sentence and 5 years supervised release.
This case is part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
This case is part of a Drug Enforcement Administration (DEA) lead OCDETF operation “Fall of the House of Usher” and required extensive investigation. An Organized Crime Drug Enforcement Task Force (OCDETF) investigation such as this focuses on National and International distribution of methamphetamine and firearms associated with this organization into southeastern North Carolina.
The Drug Enforcement Administration, Federal Bureau of Investigations, Bureau of Alcohol Tobacco and Firearms, the Duplin County Sheriff’s Office, the New Hanover County Sheriff’s Office, the Sampson County Sheriff’s Office, the North Carolina State Bureau of Investigation and the Wilmington Police Department conducted this investigation. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Willimantic Heroin Trafficker Sentenced to 5 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that XAVIER DIAZ, also known as “Coco,” 30, of Willimantic, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 60 months of imprisonment, followed by four years of supervised release, for trafficking heroin.
According to court documents and statements made in court, in May 2018, the DEA’s Hartford Task Force and Willimantic Police Department, while investigating a heroin/fentanyl overdose death that occurred in August 2017, received information that Diaz was operating a heroin distribution ring in Willimantic. The investigation revealed that drug purchasers called a phone shared by members of the conspiracy to place an order for heroin. Thereafter, a “runner” would meet the purchaser to complete the transaction.
The investigation connected the August 2017 overdose death, and several non-fatal overdoses, to drugs distributed by the Diaz organization.
Diaz and other members of his organization were arrested on October 15, 2018. On that date, a search of Diaz’s residence revealed more than 100 grams of heroin, a stolen firearm, and ammunition. In addition, a search of a storage unit connected to the organization revealed more than $20,000 in cash.
On October 29, 2019, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
West Side Crip Member Jarvis Thomas, aka “Big Mice,” Sentenced to over 26 Years in Prison for Narcotics TraffickingRead the Press Release
FRESNO, Calif. — Jarvis Thomas, 34, of Bakersfield, was sentenced by United States District Judge Dale A. Drozd today to 320 months in prison and five years of supervised release for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, between Sept. 27, 2017, and Sept. 11, 2018, Thomas conspired with others to possess and distribute methamphetamine in Bakersfield and North Dakota.
According to court documents, on Dec. 14, 2017, after a 10-month investigation, more than 35 members and associates of West Side Crips (WSC), a local criminal street gang, were arrested on federal and state charges including burglary, illegal gun possession, drug sales, and murder. Since that time, all the defendants in federal custody except for Thomas have pleaded guilty to charged offenses. On Jan. 11, 2018, a superseding indictment charged Thomas, a West Side Crip member also known as “Big Mice.” On April 4, 2019, a second superseding indictment charged Thomas and a co-conspirator.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Justice, the Bakersfield Police Department and the Drug Enforcement Administration. Assistant U.S. Attorneys Angela Scott and Thomas Newman are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
United States Attorneys Announce $72.4 Million in Grants Received from the Department of JusticeRead the Press Release
LEXINGTON, Ky. – To close the 2019 Fiscal Year, the United States Department of Justice awarded 51 grants, amounting to more than $72.4 million to support public safety and crime fighting initiatives throughout the Commonwealth of Kentucky, announced Western District United States Attorney Russell Coleman and Eastern District United States Attorney Robert M. Duncan Jr.
“These are significant federal resources coming to Kentucky for one purpose, to keep families safer in all 120 counties of our Commonwealth,” said U.S. Attorney for the Western District of Kentucky Russell Coleman.
“We appreciate the Department’s support in funding these important public safety and criminal justice initiatives,” said U.S. Attorney for the Eastern District of Kentucky Robert Duncan Jr. “These grants help make the entire Commonwealth a safer place.”
The 51 grants cover cities in both the Eastern and Western Districts of Kentucky, six cities (Bowling Green, Frankfort, Lexington, Louisville, Paducah, Radcliff) alongside five counties (Christian County, Daviess County, Madison County, Kenton County, Warren County) are receiving funding through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Under the JAG program, the cities will receive a total amount of $968,160 to support a broad range of activities to prevent and control crime based for their own state and local needs and conditions. The Kentucky Justice and Public Safety Cabinet also received $2.1 million in funding under the JAG program. JAG funds will be used to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts, corrections, treatment, justice information enforcement, and programs aimed at reducing crime and/or enhancing public/officer safety.
The Kentucky Justice and Public Safety Cabinet will also receive $30,568,043 from the Office for Victims of Crime VOCA (Victims of Crime Act Formula Program) Victim Assistance Formula. The Justice and Public Safety Cabinet was also awarded grants through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) through the United States Attorney’s offices Project Safe Neighborhoods, the Residential Substance Abuse Treatment (RSAT) for state Prisoners Program, State Justice Statistics Program for Statistical Analysis Centers, and Paul Coverdell Forensic Science Improvement Grants Program Formula.
The Kentucky Department for Corrections (KYDOC) was awarded $923,138 through the Bureau of Justice Assistance Innovations in Supervision Initiative (ISI): Building Capacity to Create Safer Communities. ISI funds will be used to develop place-based supervision strategies to reduce distances between clients, supervision offices and treatment centers.
The Kentucky Cabinet for Health and Family Services will receive $990,249 through the Bureau of Justice Assistance Comprehensive Opioid Abuse Site Based Program: Harold Rogers Prescription Drug Monitoring Program (PDMP) aimed at enhancing KASPER. The Cabinet will use the grant funds to engage one full time grant law enforcement liaison, and one full time grant criminal epidemiologist who will support law enforcement requests for PDMP data and assistance. The grant liaison will work with five pharmacist consultants already employed by KASPER to provide knowledge of criminal investigations and prosecutions of offenders violating state and federal control substances laws.
The Catholic Charities of Louisville Inc. has been awarded $919,476 under the Sustaining Capacity to Provide Comprehensive Services through the Office of Victims of Crime. Catholic Charities will implement the Central Kentucky Comprehensive Services Project to sustain capacity to provide services to survivors of human trafficking through implementation of a comprehensive services model. The initiative will include in-house services, and collaborations with community partners for housing, mental health services, medical services, and education services.
A full list of OJP Award Data is available at this link: https://ojp.gov/funding/Explore/OJPAwardData.htm
###United States Attorneys Announce $72.4 Million in Grants Received from the Department of JusticeRead the Press Release
LOUISVILLE, Ky. – To close the 2019 Fiscal Year, the United States Department of Justice awarded 51 grants, amounting to more than $72.4 million to support public safety and crime fighting initiatives throughout the Commonwealth of Kentucky, announced Western District United States Attorney Russell Coleman and Eastern District United States Attorney Robert M. Duncan Jr.
“These are significant federal resources coming to Kentucky for one purpose, to keep families safer in all 120 counties of our Commonwealth,” said U.S. Attorney for the Western District of Kentucky Russell Coleman.
“We appreciate the Department’s support in funding these important public safety and criminal justice initiatives,” said U.S. Attorney for the Eastern District of Kentucky Robert Duncan Jr. “These grants help make the entire Commonwealth a safer place.”
The 51 grants cover cities in both the Eastern and Western Districts of Kentucky, six cities (Bowling Green, Frankfort, Lexington, Louisville, Paducah, Radcliff) alongside five counties (Christian County, Daviess County, Madison County, Kenton County, Warren County) are receiving funding through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Under the JAG program, the cities will receive a total amount of $968,160 to support a broad range of activities to prevent and control crime based for their own state and local needs and conditions. The Kentucky Justice and Public Safety Cabinet also received $2.1 million in funding under the JAG program. JAG funds will be used to support all components of the criminal justice system, from multi-jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts, corrections, treatment, justice information enforcement, and programs aimed at reducing crime and/or enhancing public/officer safety.
The Kentucky Justice and Public Safety Cabinet will also receive $30,568,043 from the Office for Victims of Crime VOCA (Victims of Crime Act Formula Program) Victim Assistance Formula. The Justice and Public Safety Cabinet was also awarded grants through the Office of Justice Programs’ Bureau of Justice Assistance (BJA) through the United States Attorney’s offices Project Safe Neighborhoods, the Residential Substance Abuse Treatment (RSAT) for state Prisoners Program, State Justice Statistics Program for Statistical Analysis Centers, and Paul Coverdell Forensic Science Improvement Grants Program Formula.
The Kentucky Department for Corrections (KYDOC) was awarded $923,138 through the Bureau of Justice Assistance Innovations in Supervision Initiative (ISI): Building Capacity to Create Safer Communities. ISI funds will be used to develop place-based supervision strategies to reduce distances between clients, supervision offices and treatment centers.
The Kentucky Cabinet for Health and Family Services will receive $990,249 through the Bureau of Justice Assistance Comprehensive Opioid Abuse Site Based Program: Harold Rogers Prescription Drug Monitoring Program (PDMP) aimed at enhancing KASPER. The Cabinet will use the grant funds to engage one full time grant law enforcement liaison, and one full time grant criminal epidemiologist who will support law enforcement requests for PDMP data and assistance. The grant liaison will work with five pharmacist consultants already employed by KASPER to provide knowledge of criminal investigations and prosecutions of offenders violating state and federal control substances laws.
The Catholic Charities of Louisville Inc. has been awarded $919,476 under the Sustaining Capacity to Provide Comprehensive Services through the Office of Victims of Crime. Catholic Charities will implement the Central Kentucky Comprehensive Services Project to sustain capacity to provide services to survivors of human trafficking through implementation of a comprehensive services model. The initiative will include in-house services, and collaborations with community partners for housing, mental health services, medical services, and education services.
A full list of OJP Award Data is available at this link: https://ojp.gov/funding/Explore/OJPAwardData.htm
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Two Men Sentenced to Federal Prison for Buying and Selling over 50 Kilograms of Cocaine on the DarknetRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Timothy Howell, age 46, was sentenced by U.S. District Court Judge William J. Martinez on November 22, 2019, to 66 months imprisonment and 4 years of supervised release for conspiracy to distribute cocaine, money laundering, and aggravated identity theft. Howell’s co-defendant, Cavin Mower, age 44, was sentenced by Judge Martinez on September 5, 2019, to 50 months imprisonment and 3 years of supervised release for conspiracy to distribute cocaine and money laundering.
According to the stipulated facts contained in the plea agreements, for over a year, Howell and Mower received kilogram-quantities of cocaine from a darknet cocaine supplier and then re-sold that cocaine to their own customers in Colorado and across the country via their own darknet vendor account. Together, Howell and Mower shipped nearly 50 kilograms of cocaine to their customers through the U.S. Mail, for which they were paid in bitcoin. In addition, during this criminal activity, Howell stole the identity of another person and used it to, among other things, gain access to a TSA-controlled area of an international airport to board a flight to Denver.
Howell and Mower laundered the bitcoin proceeds in primarily two ways. First, they used a website that allowed them to purchase gift cards that could be used to buy goods and services. Second, they exchanged bitcoin for cash using the services of an international money transfer company.
Howell and Mower were both arrested on July 19, 2018 and have been in custody.
“This case demonstrates that drug dealers can’t hide from the law, including on the darknet,” said U.S. Attorney Jason Dunn. “If you are, we will find you, prosecute you, and send you to federal prison.”
“Drug dealers believe advances in technology can hide their illicit dealings in the dark web and by using cryptocurrency to further their criminal activity,” said Steven Cagen, Special Agent in Charge, HSI Denver. “Today’s sentencing sends a warning to criminals that no matter how sophisticated they believe they are, we will find them and bring them to justice, and they can’t hide from us online.”
“Narcotics trafficking and money laundering through the dark web are an ever increasing method for criminal organizations,” said IRS Special Agent in Charge Andy Tsui. “Special Agents with IRS-Criminal Investigation are highly adept at disrupting the illegal financial activities individuals try to conceal through the dark web and will continue to work diligently to stop these criminals in their cyber tracks.”
“Postal Inspectors, especially here in Colorado, have been at the forefront of dark web investigations for years, bringing to justice those who use the U.S. mail to distribute illegal narcotics behind the dark net’s false veil of anonymity,” said Bill Hedrick, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service. “This sentence is a result of the hard work from our Postal Inspectors to bring these drug dealers to justice,” said Hedrick.
This case was investigated by the Denver Digital Currency and Darknet Working Group, comprised of agents from the U.S. Postal Inspection Service (USPIS), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the IRS-Criminal Investigations (IRS-CI). Other agencies assisting the working group included IRS-CI in Phoenix Arizona and USPIS and HSI in Nashville, Tennessee.
The defendants were prosecuted by Assistant U.S. Attorney Andrea Surratt.
Two Men Plead Guilty to Fentanyl and Heroin Conspiracy and Distribution OffensesRead the Press Release
BOSTON – A Worcester man and a Dominican national pleaded guilty today in federal court in Worcester for distributing fentanyl and heroin.
Albeiro Gomez, 55, of Worcester, and Erotides Mendez, 50, a Dominican national previously residing in New York City, each pleaded guilty to one count of conspiring to distribute heroin and more than 40 grams of fentanyl. Gomez also pleaded guilty to one count of distributing heroin and fentanyl, one count of distributing heroin and more than 40 grams of fentanyl, and one count of possessing cocaine with intent to distribute. Mendez also pleaded guilty to one count of distributing heroin and more than 40 grams of fentanyl and one count of possessing heroin and more than 40 grams of fentanyl with intent to distribute. U.S. District Court Judge Timothy J. Hillman scheduled Gomez’s sentencing for March 5, and Mendez’s sentencing for March 2, 2020. Gomez and Mendez were each arrested in December 2018.
According to court documents, investigators intercepted communications to and from the defendants’ phones which evidenced their drug trafficking activities. Mendez was involved in the acquisition of heroin and fentanyl in New York and the transportation of these drugs for sale in and around Worcester. Gomez was a livery driver in Worcester who used his livery vehicle to procure and distribute drugs, meet with customers and to collect cash derived from drug sales.
In November 2018, law enforcement stopped a passenger van headed from New York City to Worcester, and observed Mendez – a passenger in the van – throw a bag containing approximately 150 grams of heroin from the van. In December 2018, agents stopped a car in which Mendez was a passenger and located approximately 150 grams of heroin and 138 grams of a mixture of fentanyl and heroin.
In connection with this investigation, Freiber Betancourth, of Worcester, previously pleaded guilty to drug trafficking charges and is scheduled to be sentenced on Jan. 27, 2020. Betancourth distributed heroin and fentanyl from the parking lot of his employer. In addition, Jonathan Francisco Bobadilla Rosa, a Dominican national previously residing in Worcester, pleaded guilty to possession with intent to distribute 100 grams or more of heroin and 40 grams or more of fentanyl, false representation of a Social Security number and aggravated identity theft. He is scheduled to be sentenced on Jan. 30, 2020.
Gomez and Mendez each face a sentence of between five and 40 years in prison, a minimum of four years and up to life of supervised release and a fine of $5 million on the drug charges alleging more than 40 grams of fentanyl. Gomez and Mendez each face a sentence of up to 20 years in prison, a minimum of three years and up to life of supervised release and a fine of up to $1 million on the remaining drug charges. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistance with the investigation was provided by the Massachusetts State Police and the U.S. Department of State, Diplomatic Security Service, Boston Field Office. Assistant U.S. Attorneys Bill Abely and John Mulcahy of Lelling’s Criminal Division are prosecuting the case.
Tomah Man Sentenced to 8 Years on Methamphetamine ChargeRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Bobby Ostrum, 37, Tomah, Wisconsin, was sentenced Friday, November 22, by U.S. District Judge James D. Peterson to eight years in prison for possessing methamphetamine with intent to distribute. Ostrum pleaded guilty to this charge on August 22, 2019.
On November 16, 2018, law enforcement officers conducted a traffic stop of Ostrum’s vehicle and recovered approximately 120 grams of methamphetamine. During the course of the investigation, officers determined that Ostrum was selling methamphetamine to lower level dealers for further distribution. At that time of his arrest, Ostrum was on supervision in both La Crosse and Monroe Counties for criminal conduct.
During sentencing, Judge Peterson described Ostrum as being part of a large system that exploits addiction in the community and pointed out that Ostrum has a history of committing crimes while on supervision. His lengthy criminal record includes convictions for substantial battery, possessing a firearm as a felon, possessing controlled substances, armed robbery, and delivering methamphetamine.
The charge against Ostrum was the result of an investigation conducted by the Sparta Police Department, Tomah Police Department, and the Monroe County Joint Investigative Task Force. The prosecution of the case has been handled by Assistant U.S. Attorney Diane Schlipper.
Three Former Employees of Anheuser-Busch In-Bev Plead Guilty to Fraud ChargesRead the Press Release
St. Louis, MO – Former employees of Anheuser-Busch In Bev, James Williams, 68, of St. Louis County; Gary Belcher, 64, of St. Louis County; and, Gregory Vieth, 63, of Columbia, IL; pleaded guilty to conspiring with a licensed Missouri chiropractor to fraudulently obtain disability insurance payments from the Social Security Administration and Prudential Insurance Companies of America. Each appeared this morning in front of United States District Judge Ronnie L. White who accepted the guilty pleas and set sentencing for March 5, 2020.
According to court documents, the chiropractor and the defendants exaggerated the defendants’ medical conditions and ability to care for themselves in order to qualify for the disability benefits. The chiropractor also required defendants to undergo excessive medical treatments and diagnostic evaluations beyond what was medically necessary to pad their medical records. Beginning as early as 2011, the defendants sought the chiropractor’s assistance because it permitted them to fraudulently obtain Social Security disability insurance benefit payments; a long-term disability insurance payment of $100,000.00 from Prudential Insurance Companies; and short-term disability benefits through other private insurance companies. In exchange, defendants paid the chiropractor as much as $3,000.00 for each of the types of disability payments they were seeking, among other forms of compensation to the chiropractor
As a result of the false and fraudulent statements to the Social Security Administration and Prudential by the chiropractor, James Williams, Gary Belcher and Gregory Vieth each received in excess of $150,000.00 from the Social Security Administration and Prudential.
Conspiracy to defraud carries a maximum penalty of 5 years imprisonment for each count and a fine of $250,000 or both. Restitution to the victims is also mandatory.
The case was investigated by the Social Security Administration – Office of Inspector General and the Federal Bureau of Investigation. Tracy Berry and Dorothy McMurtry are handling the case for the U.S. Attorney’s Office.
Because the Social Security Administration provides benefits through the Disability Insurance Benefit Program to more than 8.4 million individuals a year at a monthly rate of more than $10.4 million, the Social Security Administration accepts reports of those suspected of committing fraud against the program through the Social Security Administration (SSA) Office of Inspector General Hotline at: 1-800-269-0271 or https://oig.ssa.gov/report/.
Tennessee Emergency Medical Doctor Pleads Guilty to Unlawfully Distributing Controlled SubstancesRead the Press Release
A Tennessee emergency medical doctor pleaded guilty today for his role in unlawfully distributing controlled substances.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Don Cochran of the Middle District of Tennessee and Acting Special Agent in Charge Daniel D. Dodds of the Drug Enforcement Administration’s (DEA) Louisville Division made the announcement.
Lawrence J. Valdez, M.D., 50, of Hendersonville, Tennessee, pleaded guilty to one count of unlawful distribution of controlled substances before U.S. District Judge Eli J. Richardson of the Middle District of Tennessee. Sentencing has been scheduled for April 3, 2020, before Judge Richardson.
Pursuant to his guilty plea, Valdez admitted that in February 2017 he knowingly distributed oxymorphone, a Schedule II controlled substance, to a patient without a legitimate medical purpose and outside the usual course of professional practice. He further admitted to distributing Schedule II opioids to four different patients without a legitimate medical purpose and outside the course of professional practice on 16 other occasions between June 2016 and February 2017, and in exchange for sexual intercourse and other sexual acts with those patients.
The DEA, Tennessee’s 18th Judicial Drug Task Force and the District Attorney General’s Office for Tennessee’s 18th Judicial District investigated the case. Assistant Chief Kilby Macfadden and Trial Attorneys Anthony J. Burba and William M. Grady of the Criminal Division’s Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills. The Health Care Fraud Unit, in general, maintains 15 strike forces operating in 24 districts, and has charged nearly 4,200 defendants who have collectively billed the Medicare program for more than $15 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
South L.A. Man Sentenced to More Than 8 Years in Federal Prison for Role in Two Armed Robberies of U.S. Postal Service TrucksRead the Press Release
LOS ANGELES – A South Los Angeles man was sentenced today to 97 months in federal prison for planning, overseeing and executing two violent daytime armed robberies of United States Postal Service trucks carrying tens of thousands of dollars in cash.
Myron Crosby, 28, of Athens, was sentenced by United States District Judge S. James Otero, who also ordered Crosby to pay $110,221 in restitution. Crosby pleaded guilty on August 19 to one count of robbery of United States property.
On February 1, 2018, Crosby and his co-conspirators organized the armed robbery of a Postal Service truck departing the Wagner Post Office located in Los Angeles, near the city boundary with Inglewood. During the robbery, in which Crosby acted as a lookout, a white minivan blocked the USPS truck just outside the Wagner Post Office, the robber threatened the truck driver at gunpoint, and the robber stole $37,658 in cash.
On March 1, 2018, Crosby conspired to rob the Dockweiler Post Office in the Exposition Park neighborhood of South Los Angeles. On the day of the robbery, Crosby rented a Mercedes-Benz SUV and used that vehicle to box in the USPS truck as it exited the southbound 110 Freeway at Slauson Avenue. At that time, another co-conspirator exited another vehicle, brandished a gun to control the USPS driver, and stole $72,563 in cash. In total, between the two robberies, Crosby admitted in his plea agreement that he and his co-conspirators robbed the USPS of $110,221.
“[Crosby’s] role in these crimes was critical to their planning and execution,” prosecutors wrote in the government’s sentencing memorandum. “(He) helped organize the robberies, and then oversaw and assisted in their completion, including driving the car that was used to trap the victim driver’s truck in the March 1, 2018 robbery.”
The victim of the March 2018 robbery suffered significant trauma because of the event and ultimately took his own life later that year.
William Crosby IV, 33, of Inglewood, Myron Crosby’s half-brother and a former Postal Service employee, is serving an 11-year prison sentence for participating in the robberies.
The United States Postal Inspection Service and the United States Secret Service investigated this matter. The investigation remains ongoing with respect to additional co-conspirators and additional robberies.
The case was prosecuted by Assistant United States Attorneys Thomas F. Rybarczyk of the Public Corruption and Civil Rights Section, and Jeffrey M. Chemerinsky of the Violent and Organized Crime Section.
South Florida Resident Arrested for Soliciting Another to Commit a Violent Crime Against College DeansRead the Press Release
Salman Rashid, 23, of North Miami Beach, Florida, was arrested in South Florida based on a criminal complaint charging him with soliciting another person to commit a crime of violence.
John C. Demers, Assistant Attorney General for National Security; Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; and George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office made the announcement.
According to court documents, the FBI initiated an investigation of Rashid in approximately April 2018 after reviewing his public Facebook posts, which advocated for the violent overthrow of democracy and the establishment of Islamic law. In May 2019, and without provocation, Rashid solicited a confidential human source to contact members of ISIS and instruct those ISIS members to conduct a terrorist attack on Rashid’s behalf. Throughout the summer and fall of 2019, Rashid continued to instruct the confidential source regarding Rashid’s requested attack, indicating an attack on a religious building or nightclub would be suitable. Based on Rashid’s request, the FBI introduced an additional confidential human source, who held him/herself out to be a member of ISIS willing to conduct an attack.
Ultimately, on or about November 8-9, 2019, Rashid chose two individuals to target - a dean at Miami-Dade College and a dean at Broward College, two colleges from which Rashid had been suspended or expelled – and asked that explosive devices placed by the confidential human source to carry out the attack against the two individuals be as big as possible. Rashid provided information about the locations to place the devices and his assessment of security that might be present at the colleges.
Rashid had his initial appearance today before U.S. Magistrate Judge Chris M. McAliley (Case No. 19-mj-3916-Becerra). If convicted, Rashid faces a statutory maximum sentence of 20 years in prison. Rashid’s pretrial detention hearing is scheduled for Wednesday, Nov. 27, 2019 at 10 a.m. and his arraignment is scheduled for Dec. 9, 2019.
A criminal complaint is a charging document containing allegations. The defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
Assistant Attorney General Demers and U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in this matter.
This case is being prosecuted by Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida with assistance from Trial Attorney Danielle Rosborough of the National Security Division’s Counterterrorism Section.
South Florida Resident Arrested for Soliciting Another to Commit a Violent Crime against College DeansRead the Press Release
MIAMI - Salman Rashid, 23, of North Miami Beach, Florida, was arrested in South Florida based on a criminal complaint charging him with soliciting another person to commit a crime of violence.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida; John C. Demers, Assistant Attorney General for National Security; and George L. Piro, Special Agent in Charge of the FBI’s Miami Field Office made the announcement.
According to court documents, the FBI initiated an investigation of Rashid in approximately April 2018 after reviewing his public Facebook posts, which advocated for the violent overthrow of democracy and the establishment of Islamic law. In May 2019, and without provocation, Rashid solicited a confidential human source to contact members of ISIS and instruct those ISIS members to conduct a terrorist attack on Rashid’s behalf. Throughout the summer and fall of 2019, Rashid continued to instruct the confidential source regarding Rashid’s requested attack, indicating an attack on a religious building or nightclub would be suitable. Based on Rashid’s request, the FBI introduced an additional confidential human source, who held him/herself out to be a member of ISIS willing to conduct an attack.
Ultimately, on or about November 8-9, 2019, Rashid chose two individuals to target - a dean at Miami-Dade College and a dean at Broward College, two colleges from which Rashid had been suspended or expelled – and asked that explosive devices placed by the confidential human source to carry out the attack against the two individuals be as big as possible. Rashid provided information about the locations to place the devices and his assessment of security that might be present at the colleges.
Rashid had his initial appearance today before U.S. Magistrate Judge Chris M. McAliley (Case No. 19-mj-3916-Becerra). If convicted, Rashid faces a statutory maximum sentence of 20 years in prison. Rashid’s pretrial detention hearing is scheduled for Wednesday, November 27, 2019 at 10 a.m. and his arraignment is scheduled for December 9, 2019.
A criminal complaint is a charging document containing allegations. The defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.
U.S. Attorney Fajardo Orshan and Assistant Attorney General Demers commended the investigative efforts of the FBI in this matter.
This case is being prosecuted by Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida with assistance from Trial Attorney Danielle Rosborough of the National Security Division’s Counterterrorism Section.
South Bend, Indiana Man SentencedRead the Press Release
SOUTH BEND - Damon Hairston, age 45, of South Bend, Indiana was sentenced before South Bend District Court Judge Jon E. DeGuilio for possession with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, announced United States Attorney Thomas L. Kirsch II.
Mr. Hairston was sentenced to 120 months in prison followed by 5 years of supervised release.
According to documents in this case, in September of 2018, law enforcement agents executed a federal search warrant at Mr. Hairston’s South Bend residence. During the search, officers found approximately two (2) pounds of a substance containing methamphetamine. Mr. Hairston later admitted that he intended to sell that methamphetamine. Mr. Hairston has a long criminal history dating back to 1993 with approximately 11 convictions.
This case was investigated by the Drug Enforcement Administration with the assistance of the Elkhart County Intelligence & Covert Enforcement Unit. The case was handled by Assistant U.S. Attorney Joel Gabrielse.
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Sioux City Bank Robber Sentenced to Twelve Years in Federal PrisonRead the Press Release
A Sioux City man involved in two separate robberies, after several convictions for violent state offenses, was sentenced on November 22, 2019 to twelve years in federal prison.
Phillip White, age 33, from Sioux City, Iowa, received the prison term after a June 13, 2019, guilty plea to one count of bank robbery, and one count of Interference with Commerce by Robbery (for the robbery of a Sioux City cab driver).
Evidence produced by the United States at the detention, change of plea, and sentencing hearings revealed that just two months after completing a sentence for second degree burglary, on October 12, 2018, White robbed a taxi cab driver with a bb-gun. On December 12, 2018, while on bond for the taxi robbery, he robbed a bank by implying he had a gun by putting his hand in his pocket. He and an accessory then led law enforcement on a chase that created a substantial risk of death or serious bodily injury to others.
Defendant has a history of violence. He has committed numerous assaults and related offenses. He robbed two other cab drivers before his most recent offenses. In one of the earlier taxi cab robberies, White held a knife to the throat of his victim and demanded money. On the second occasion, he held a broken beer bottle to another victim’s throat and demanded money.
White was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. White was sentenced to 144 months’ imprisonment. He was ordered to make $21,503.11 in restitution. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
White is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Federal Bureau of Investigation, the Iowa State Patrol, the Plymouth County Sheriff’s Office, and the Le Mars and Sioux City, Iowa Police Departments. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-4012.
Follow us on Twitter @USAO_NDIA.
Rochester Felon Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Markiest D. Hartfield, 24, of Rochester, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to being a felon in possession of firearm and ammunition. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on January 4, 2019, members of the Rochester Police Department approached the defendant in the area of North Clinton Avenue and Scrantom Street in Rochester. When the officers approached Hartfield, he had a semi-automatic rifle concealed in his pants. The defendant was also found in possession of approximately 77 rounds of ammunition.
In March 2018, Hartfield was convicted of Attempted Robbery in the Second Degree, and as a result, he is legally prohibited from possessing a firearm and ammunition.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for February 27, 2020, at 10:15 a.m. before Judge Siragusa.
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Richmond Man Sentenced to 156 Months for Trafficking in Cocaine and Firearms ChargesRead the Press Release
FRANKFORT, Ky.— Lamar Anthony Martin, 36, of Richmond, Kentucky, was sentenced to 156 months in federal prison on Friday, by United States Federal Judge Gregory F. VanTatenhove, for his convictions on trafficking in cocaine and being a convicted felon in possession of firearms.
According to Martin’s plea agreement, he admitted to trafficking cocaine on four separate occasions, from January to April 2018. Martin also admitted to illegally owning firearms, which he stored at both his and his mother’s residence.
Martin pleaded guilty in June 2019. Martin was previously convicted of Trafficking a Controlled Substance First Degree, by the Madison Circuit Court, in February 2003.
Under federal law, Evans must serve 85 percent of his prison sentence and will be under the supervision of the U.S. Probation Office for six years.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, and Tommy Estevan, Acting Special Agent in Charge of the ATF Louisville Field Division, jointly made the announcement.
The investigation was conducted by ATF. The United States was represented by Assistant United States Attorney Cynthia T. Rieker.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The PSN program was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Rapid City Man Sentenced for Failing to Pay TaxesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of two counts of Failure to Pay Tax was sentenced on November 22, 2019, by U.S. District Judge Karen E. Schreier.
Gregory Sperlich, age 49, was sentenced to 3 months in federal prison, followed by 1 year of supervised release, restitution in the amount of $227,799.82, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $50.
Sperlich was indicted by a federal grand jury on January 22, 2019. He pled guilty on September 20, 2019.
The conviction stemmed from Sperlich, an attorney, willfully failing to pay the income and self-employment tax due to the Internal Revenue Service by April 15, 2013, through April 15, 2016, for the filed taxes due for the calendar years 2012 through 2015.
“Taxpayers have an obligation to pay their taxes. Willfully defrauding the government of what is owed can and will result in jail time,” said Special Agent in Charge Karl Stiften, IRS Criminal Investigation Division.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Sperlich will self-report to the custody of the U.S. Marshals Service on January 2, 2020, to serve his sentence.
Pickens County Sheriff Sentenced to 18 Months in Prison for Wire Fraud and Tax ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced the former sheriff of Pickens County to 18 months in prison for wire fraud and filing false tax returns, announced United States Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp, Jr. and IRS-Criminal Investigations Atlanta Field Division Special Agent in Charge Thomas J. Holloman.
United States District Judge Liles C. Burke sentenced former Pickens County Sheriff DAVID EUGENE ABSTON, of Gordo, on count of wire fraud and one count of filing false tax returns. Abston pled guilty in June.
“Abston tarnished his office and his badge,” Town said. “He found out today he isn’t above the law. Those who believe they are will find themselves in federal prison.”
“While the vast majority of law enforcement officers are honest and work hard to uphold the law, Abston misued his position of trust for personal gain and will now reap the consequences of his actions,” Sharp said.
“The law is clear on the issue of taxable income and who is required to file and pay taxes: there is no gray area on the subject and we hope today’s sentencing sends a message that no person, no matter how powerful, no matter their title, is above the law,” said Holloman. “We should not forget that the ultimate victims in this case are the people of West Alabama– those honest taxpayers who diligently file tax returns each year and pay their fair share of tax.”
According to the plea agreement Abston engaged in a scheme, between 2014 and 2018, to defraud the West Alabama Food Bank, as well as the Highland Baptist Church of Gordo, – where Abston was a member –in order to reduce his jail food expenses and increase the amount of food allowance money he could keep and to filing false tax returns between 2015 and 2016 tax years.
FBI and IRS Criminal Investigations investigated the case, which Assistant United States Attorneys John B. Ward prosecuted.
Philadelphia Men Convicted of Mail Fraud and Identity TheftRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nana Mensah, age 34, and Patrick Barkers-Woode, age 27, both of Philadelphia, Pennsylvania, were convicted on November 22, 2019, on fifteen counts of mail fraud, four counts of aggravated identity theft, and conspiracy to commit mail fraud and aggravated identity theft after a three-day trial before U.S. District Court Judge Yvette Kane.
According to United States Attorney David J. Freed, Mensah and Barkers-Woode, along with other co-conspirators, some located in West Africa, were involved in an international scheme in which co-conspirators would obtain the personal identification information of identity theft victims and use that information to purchase cellular phones. The conspirators would have the products delivered to homes which appeared vacant. They would then track the delivery of the packages on line, pick up the packages, and eventually resell them. The evidence showed that the conspiracy involved over 270 packages containing over 830 cell phones, valued at over $595,000. The conspiracy took advantage of well over 100 victims.
The case was investigated by Homeland Security Investigations, the Pennsylvania State Police, the Delaware State Police, and the Derry Township Police Department. Assistant U.S. Attorneys Scott R. Ford and Christian Haugsby prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
As a result of their convictions, the defendants face a total of 333 years in prison, fines of up to $5,250,000, as well as restitution. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Owner of Empire Pharmacy in Hudson County Admits Role in Multi-Million Dollar Conspiracies to Commit Health Care Fraud and Pay Illegal Bribes to DoctorRead the Press Release
TRENTON, N.J. – A Bergen County, New Jersey, man today admitted participating in conspiracies to commit health care fraud and to bribe a doctor, U.S. Attorney Craig Carpenito announced.
Eduard “Eddy” Shtindler, 36, of Paramus, New Jersey, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of conspiracy to commit health care fraud and one count of conspiracy to pay illegal kickbacks to a doctor.
According to documents filed in this case and statements made in court:
From 2012 through at least 2017, Shtindler owned and operated the now-defunct Empire Pharmacy in West New York, New Jersey. Starting in 2015, Empire began filling prescriptions for expensive specialty medication that required “prior authorization” before being approved for reimbursement payment by Medical, Medicaid, and some private insurance providers. To entice doctors to use Empire to fill such medications, Shtindler planned to have Empire receive prior authorization approval more successfully than any other pharmacies. He directed Empire employees, including two pharmacists, to repeatedly falsify prior authorization forms for medications for different conditions, including psoriasis and Hepatitis C. Shtindler was captured on recorded conversations admitting to his and Empire’s practice of falsifying prior authorization forms in order to receive approval for medication that would not have otherwise been approved.
From 2012 through early 2017, Shtindler participated in a conspiracy to pay bribes to a psychiatrist in Hudson County, New Jersey, to induce the doctor to send prescriptions to Empire. Shtindler sent Empire employees to deliver some of the bribe payments to the doctor. On occasion, Shtindler secreted cash bribes, in $100 denominations, in pill bottles that were delivered to the doctor. In exchange for these bribes, the doctor steered patients to use Empire pharmacy, even though the patients used other pharmacies closer to their homes for all of their other prescriptions. In one recorded conversation between Shtindler and a concerned former Empire employee who had delivered a bribe to the doctor on Shtindler’s behalf, Shtindler was captured stating, “You think [the doctor]’s going to go to the FBI and rat himself out?” In another conversation with the same former employee regarding the same topic of bribe payment Shtindler had the employee deliver to the doctor, Shtindler was captured saying, “First off, I didn’t make you do it. I didn’t put a gun to your head. We all made money together.” Shtindler concluded, “It is business.”
As part of his plea agreement, Shtindler agreed to loss amounts between $1.5 million and $3.5 million for each of the charged conspiracies to which he pleaded guilty.
The count of conspiracy to commit health care fraud is punishable by a maximum of 10 years in prison and the count of conspiring to pay illegal kickbacks is punishable by a maximum of five years in prison. Both offenses are punishable by a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for March 24, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; special agents of the Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; and the N.J. Office of the State Comptroller, under the direction of Comptroller Philip James Degnan, with the ongoing investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Joshua L. Haber of the Health Care & Government Fraud Unit of the U.S. Attorney’s Office in Newark.
Defense counsel: Albert Y. Dayan. Esq., Queens, New York
Ohio Man Sentenced for Possessing Sexual Images of ChildrenRead the Press Release
ERIE, Pa. - An Ohio resident has been sentenced in federal court to 40 months in jail and ordered to pay $13,000 in restitution on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
United States District Judge David S. Cercone imposed the sentence on John Trisket, Jr., 48, of Millersburg, Ohio.
According to information presented to the court, Trisket possessed computer images depicting minors engaging in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (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.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Brady commended the Department of Homeland Security for the investigation leading to the successful prosecution of Trisket.
North Georgia man sentenced for cyberstalking and making a bomb threat to a preschoolRead the Press Release
GAINESVILLE, Ga. - Vinh Bao Chau has been sentenced for communicating a bomb threat to a church preschool, cyberstalking of a woman who refused to date him, and interstate communication of a threat.
“Those who hide behind a computer screen to terrorize, intimidate and threaten other people using social media will be brought to justice,” said U.S. Attorney Byung J. “BJay” Pak. “The fact that this defendant called in a bomb threat which resulted in the evacuation of a church preschool is particularly appalling.”
“This case is a testament to the value of federal partnerships with state and local law enforcement; all of whom are committed to bringing those to justice who seek to strike fear into communities through the use of terroristic threats. The defendant in this case made a threat to destroy a preschool with an improvised explosive device, and persistently cyberstalked and threatened a victim in multiple jurisdictions,” said acting Special Agent in Charge Robert Hammer, who oversees HSI operations in Georgia and Alabama.
“This prosecution is a great example of local, state and federal authorities working together to seek justice for Georgia citizens. This investigation spanned two judicial circuits in North Georgia, and we are grateful for the cooperation among investigators and prosecutors which led to this successful result,” said Georgia Attorney General Chris Carr.
According to U.S. Attorney Pak, the charges and other information presented in court: In February of 2017, Vinh Bao Chau began a campaign of terrorizing and harassing a local woman after he was rejected for a date. Chau created fake social media accounts, which he then used to send hundreds of messages to the victim threatening to kill her and harm her in gruesome ways. He also harassed her through repeated telephone calls and text messages. Chau then called in a bomb threat on March 7, 2017, to the victim's place of employment, a church preschool. The investigation revealed Chau was the perpetrator of both the harassing messages and bomb threat, and was then arrested.
Vinh Bao Chau, 23, of Jasper, Georgia, has been sentenced by Senior U.S. District Judge Richard W. Story to three years in prison to be followed by three years of supervised release. Chau has been convicted on these charges on July 8, 2019, after he pleaded guilty.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Gordon County Sheriff's Office, Pickens County Sheriff's Office, and Jasper Police Department investigated this case.
Special Assistant U.S. Attorney Laura D. Pfister prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Newport Man Pleads Guilty to Copyright Infringement for Creating Illegal Video Streaming and Downloading WebsitesRead the Press Release
EUGENE, Ore.—Talon White, 29, of Newport, Oregon, pleaded guilty today to one count each of criminal infringement of copyright and tax evasion.
According to court documents, beginning in 2013, White engaged in a scheme to reproduce and distribute for sale thousands of copyrighted movies and television shows. To accomplish this, White set up numerous websites that hosted the infringing material. Members of the public purchased subscriptions to websites created by White and were able to stream or download the video content. The content included movies that had yet to be released to the public. In total, White’s scheme netted more than $8 million.
While operating the scheme, White also underreported his income by more than $4.4 million, willfully evading the payment of more than $1.9 million in taxes owed from 2013 through 2017.
White faces a maximum sentence of five years in prison, a $250,000 fine and three years of supervised release on each of the two charges. He will be sentenced on February 21, 2020 before U.S. District Court Judge Ann L. Aiken.
As part of the plea agreement, White has agreed to pay $669,557 in restitution to the Motion Picture Association of America and $3,392,708 in restitution, including penalties and interest, to the IRS. White has also agreed to forfeit more than $3.9 million seized from his bank accounts, approximately $35,000 in cash, cryptocurrency holdings worth an estimated $424,000, and a 2,248 square foot home in Newport, Oregon worth an estimated $415,000.
These forfeitures are part of two related civil forfeiture cases in the District of Oregon and represent one of the largest civil forfeitures in the district’s history. It is anticipated these forfeited assets will be applied to White’s restitution obligations.
This case was investigated by Homeland Security Investigations (HSI) and IRS Criminal Investigation (IRS-CI) and is being prosecuted by Gavin W. Bruce and Amy Potter, Assistant U.S. Attorneys for the District of Oregon.
New York Food Processing and Distribution Companies and Owners Plead Guilty to Seafood Sales FraudRead the Press Release
Two Long Island, New York, corporations and their owners pleaded guilty today in federal court for their scheme to falsely-label seafood that they later sold across the country.
In a plea agreement with the government, Roy Tuccillo Sr, 59, and his son, Roy Tuccillo Jr, 32, both of Jericho, New York, and two of their Westbury, New York, food processing and distribution companies, Anchor Frozen Foods Inc, and Advanced Frozen Foods Inc, pleaded to conspiracy to commit wire fraud. They admitted to importing giant squid from Peru, marketing it as octopus, and using e-mail and wire transactions to sell it to grocery stores in interstate commerce.
“Seafood fraud is illegal, undermines confidence in the market place, and can have serious consequences for fish, fishermen, the seafood industry and consumers,” said James Landon, Director of the National Oceanic and Atmospheric Administration’s (NOAA) Office of Law Enforcement. “NOAA’s enforcement priorities include uncovering and investigating incidents of seafood fraud, and we will seek to continue to bring to justice those who engage in this illegal activity.”
Octopus and squid are distinct species of fish with great variance in their taxonomy, habitat, and physical characteristics. The U.S. Food and Drug Administration requires food companies selling squid to market it by its name or as calamari, while octopus is the only acceptable name when selling octopus. In general, octopus has a greater retail price than squid.
From 2011 to 2014, the defendants imported, processed, marketed, sold, and distributed over 113,000 pounds of squid worth $1.1 million that they had falsely labeled as octopus. The defendants admitted to defrauding over ten grocery stores that in turn sold the product to consumers. The Lacey Act prohibits submitting false descriptions of fish that were transported and sold in interstate commerce.
The maximum sentence for Tuccillo Sr and Tuccillo Jr is five years imprisonment, three years of post-release supervision and a fine up to $250,000. The corporations may be placed on five years of probation and pay a fine up to $500,000. Any fine may be adjusted to twice the pecuniary loss or gain.
The Department of Commerce’s National Oceanic and Atmospheric Administration Office of Law Enforcement investigated this case with assistance from the U.S. Food and Drug Administration. Trial attorney Ryan Connors and senior trial attorney David Kehoe of the Justice Department’s Environmental Crimes Section are prosecuting the case.
Music Producer Sentenced to 2 Years in Federal Prison for Using Clients’ Credit Cards for Personal ExpensesRead the Press Release
LOS ANGELES – A music producer who has worked on several Grammy Award-winning projects was sentenced today to 24 months in federal prison for fraudulently using his clients’ credit card information to purchase services for his wedding, as well as airline fares and hotel reservations for himself and his family.
Anthony Wade Evans, a.k.a. “Devine Evans,” 45, of Porter Ranch, was sentenced by United States District Judge R. Gary Klausner, who also ordered him to pay $34,810 in restitution to American Express.
Evans pleaded guilty in December 2018 to one count of aggravated identity theft.
From June 2017 until March 2018, Evans unlawfully used the American Express credit card belonging to a client to book flights and pay for other travel arrangements for himself and his family members.
The victim’s credit card – which was still active, even though it had been reported lost or stolen one year earlier – was used to rack up 146 unauthorized charges totaling approximately $37,729, according to court documents. In May 2018, this victim’s business manager called American Express and reported suspicious transactions on the client’s credit card.
In addition, from April 2017 until August 2017, Evans unlawfully used an American Express credit card belonging to a different client. Evans, without that victim’s authorization, used the card to purchase rental services and other event-related services for his wedding. Evans illegally incurred approximately $63,063 in unauthorized charges to this card.
The total loss in this case was $100,792.
The United States Secret Service and the United States Postal Inspection Service investigated this matter.
This case was prosecuted by Assistant United States Attorney Keith D. Ellison of the International Narcotics, Money Laundering and Racketeering Section.
Morris County Man Sentenced to Two Years in Prison for Possessing Bombs and Being Felon in Possession of GunsRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man was sentenced today to 24 months in prison for being a felon in possession of guns, possessing bombs, and precursor materials, U.S. Attorney Craig Carpenito announced.
Christopher Faschan, 31, of Landing, New Jersey, previously pleaded guilty before U.S. District Judge Brian R. Martinotti to an information charging him with one count of unlawful possession of destructive devices and one count of being a felon in possession of firearms and ammunition. Judge Martinotti imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On Feb. 1, 2019, Faschan detonated the bomb in the area of Lake Lackawanna in Stanhope. On Feb. 4, 2019, law enforcement agents interviewed Faschan, who said that he had ignited the bomb. He described it as two pounds in weight and explained how he used and mixed Potassium Perchlorate, Aluminum Powder, and Tannerite to make several bombs that were in his home.
Law enforcement agents executed a court-authorized search of Faschan’s home and recovered a cache of weapons, ammunition, firearms, explosive devices and precursor materials.
In addition to the prison term, Judge Martinotti sentenced Faschan to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Charlie J. Patterson in Newark; special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; officers of the Byram Police Department, under the direction of Chief Peter J. Zabita; the Roxbury Police Department, under the direction of Chief Marc Palanchi; the Sussex County Prosecutor’s Office, under the direction of Prosecutor Francis A. Koch; officers of the Morris County Sheriff’s Office, under the direction of Sheriff James M. Gannon; and officers of the Morris County Prosecutor’s Office, under the direction of Prosecutor Frederic M. Knapp, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit.
Defense counsel: John Whipple Esq., Morristown, New Jersey
Montgomery County Man Indicted for Faking a Military Career and Stealing from the GovernmentRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Richard Meleski, 58, of Chalfont, PA, was arrested and charged by Indictment with healthcare fraud, mail fraud, Stolen Valor, creating fraudulent military discharge papers, and making false statements stemming from his scheme to defraud the Veterans’ Administration (VA) of hundreds of thousands of dollars in benefits.
The Indictment alleges that the defendant faked serving in the U.S. military, specifically the Navy SEALs, and even falsely represented that he had been a Prisoner of War, in order to secure healthcare benefits from the VA worth over $300,000. Due to these false representations, Meleski received healthcare from the VA in Priority Group 3, effectively receiving healthcare before deserving military service members. In reality, the defendant never served a single day in the U.S. military.
Meleski also allegedly filed for monetary compensation from the VA for Post-Traumatic Stress Disorder (PTSD) he claimed to have suffered as a result of an armed conflict in Beirut in which he had supposedly rescued injured teammates. In his application for disability benefits for PTSD, Meleski also falsely represented that he had been awarded the Silver Star for his heroic actions during his supposed time as a Navy SEAL. He also allegedly submitted another application to the VA for monetary compensation in which he used the obituaries of actual Navy SEALs, claiming that he had served alongside them.
Finally, Meleski also allegedly filed for disability benefits from the Social Security Administration (SSA) for injuries that were supposedly aggravated by his service in the U.S. military. He falsely testified under oath about these injuries in connection with a SSA Disability proceeding.
“These allegations are truly shocking and a huge insult to anybody who has worn our country’s uniform. If proven, Meleski deserves to face the consequences under the law. My Office will aggressively root out and prosecute this type of conduct with the seriousness of purpose that it deserves,” said U.S. Attorney McSwain.
If convicted, the defendant faces a maximum possible sentence of 68 years imprisonment, 3 years supervised release, a $2,250,000 fine, a $900 special assessment, and restitution of $302,121.21.
The case was investigated by Department of Veterans Affairs-Office of the Inspector General and Social Security Administration-Office of the Inspector General, and is being prosecuted by Special Assistant United States Attorney Megan Curran.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Monongalia County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brendan Regan Boddie, of Morgantown, West Virginia, was sentenced today to 36 months incarceration for a firearms charge, U.S. Attorney Bill Powell announced.
Boddie, age 29, pled guilty to one count of “Unlawful Possession of Firearms by Person Convicted of Domestic Violence Crime” in May 2019. Boddie, having previously been convicted of domestic violence, admitted to having two pistols, two rifles, and one shotgun in April 2018 in Monongalia County.
This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods 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.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Mid-State Emergency Medical Doctor Pleads Guilty to Unlawfully Distributing Controlled SubstancesRead the Press Release
NASHVILLE, Tenn. – November 25, 2019 – Lawrence J. Valdez, M.D., 50, of Hendersonville, Tennessee, pleaded guilty today to one count of unlawful distribution of controlled substances, announced U.S. Attorney Don Cochran of the Middle District of Tennessee, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, and Acting Special Agent in Charge Daniel D. Dodds of the Drug Enforcement Administration’s (DEA) Louisville Division.
Valdez admitted today that in February 2017 he knowingly distributed oxymorphone, a Schedule II controlled substance, to a patient without a legitimate medical purpose and outside the usual course of professional practice. He further admitted to distributing Schedule II opioids to four different patients without a legitimate medical purpose and outside the course of professional practice on 16 other occasions between June 2016 and February 2017, and in exchange for sexual intercourse and other sexual acts with those patients.
The DEA, Tennessee’s 18th Judicial Drug Task Force and the District Attorney General’s Office for Tennessee’s 18th Judicial District investigated the case. Assistant Chief Kilby Macfadden and Trial Attorneys Anthony J. Burba and William M. Grady of the Criminal Division’s Fraud Section are prosecuting the case.
Valdez faces up to 20 years in prison and up to a $1 million fine when he is sentenced on April 3, 2020, by U.S. District Judge Eli J. Richardson.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 70 defendants who are collectively responsible for distributing more than 40 million pills. The Health Care Fraud Unit, in general, maintains 15 strike forces operating in 24 districts, and has charged nearly 4,200 defendants who have collectively billed the Medicare program for more than $15 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Individuals who believe that they may be a victim in this case should visit the Fraud Section’s Victim Witness website for more information.
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