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20 November 2019
30 Defendants Charged with Narcotics and Firearms Offenses in Manhattan Federal CourtRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of five Indictments charging 30 defendants with committing various narcotics and firearms offenses in Manhattan and the Bronx.
As alleged in the Indictments unsealed in Manhattan federal court[1]:
United States v. Neury Abreu, et al., 19 Cr. 821
Between January 2016 and November 2019, NEURY ABREU, 26, ALEXANDER DEJESUS, 27, JOSHUA PEREZ, 27, ALEXANDER BAEZ, 46, IVAN BREA, 28, JOSE CRUZ, 22, LUIS ESPINAL, 30, and ANTHONY MELO, 19, conspired to sell 280 grams or more of crack cocaine, cocaine, Oxycodone, and marijuana. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
Between January 2016 and November 2019, ABREU, DEJESUS, and PEREZ used and carried firearms during and in relation to, and possessed firearms in furtherance of, the narcotics conspiracy charged in the Indictment. PEREZ also possessed a firearm on or about July 8, 2019, and on or about July 11, 2019, after having previously been convicted of a felony.
United States v. Alexander Melo, et al., 19 Cr. 818
Between April 2019 and November 2019, ALEXANDER MELO, 28, JAVIER JANIEL, 23, FRANMY LUNA, 24, and JUAN PERALTA, 25, conspired to sell 280 grams or more of crack cocaine, and cocaine. Members of the conspiracy distributed narcotics in and around the Inwood neighborhood of Manhattan.
On or about October 9, 2018, MELO possessed a shotgun after having been convicted of a felony, and having had three convictions for three serious drug offenses, all of which were committed on occasions different from one another, in violation of the Armed Career Criminal Act.
United States v. Mario Delgado, et al., 19 Cr. 817
Between October 2018 and November 2019, MARIO DELGADO, 32, DANIEL CUEVAS, 27, and EDWARD RODRIGUEZ, 30, conspired to sell 100 grams and more of Acetyl Fentanyl (which is an analogue of Fentanyl), Fentanyl, and Oxycodone. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Roberto Sanchez, et al., 19 Cr. 820
Between January 2019 and November 2019, ROBBERTO SANCHEZ, 41, and JULIO ABREU, 28, conspired to sell heroin, cocaine, and marijuana. Members of the conspiracy distributed narcotics in and around the Washington Heights neighborhood of Manhattan.
United States v. Alberto Marte, 19 Cr. 795
From at least in or about 2018 through in or about 2019, ALBERTO MARTE, a/k/a “Scotty,” a/k/a “Skylet,” 42, JUNIOR RODRIGUEZ, a/k/a “Skrilla,” 23, ERICK MELENCIANO, a/k/a “Gualey,” 26, NICHOLAS FALU, a/k/a “Nico,” 31, KEVIN ROSADO, a/k/a “Malda,” 26, GUERY CRUZ, a/k/a “Capo,” 24, JONATHAN RODRIGUEZ, a/k/a “Nathan,” 31, OMAR BAEZ, a/k/a “Smokey,” 23, SAMUEL SOSA, a/k/a “Sammy,” 21, YOAN DELACRUZ, a/k/a “Johan,” 29, RAYMER CASILLA, a/k/a “Ray Savage,” 23, KEVIN MELENDEZ, a/k/a “Freaky,” 26, and JOSE BAUTISTA, a/k/a “Nelo,” a/k/a “Echo,” 30, conspired to sell oxycodone and possessed firearms in furtherance of that conspiracy.
* * *
Thirteen of the 30 defendants were arrested this morning and will be presented later today before U.S. Magistrate Judge Sarah Netburn in Manhattan federal court. Twelve of the 30 defendants, charged in connection with United States v. Alberto Marte, were arrested on November 13, 2019, and presented before U.S. Magistrate Judge Katharine H. Parker. JOSHUA PEREZ was already in federal custody and will be presented at a later date.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the FBI-NYPD Metro Safe Streets Task Force, the NYPD’s Narcotics Borough Manhattan North and the NYPD’s Manhattan North Gang Squad. He also thanked the New York City Department of Investigation for its assistance in the case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Frank Balsamello, Adam Hobson, Jacob Warren, Celia Cohen, and Dominick Gentile are in charge of the prosecutions.
The charges contained in the Indictments are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Neury Abreu, et al., 19 Cr. 821
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ,
ALEXANDER BAEZ,
IVAN BREA,
JOSE CRUZ,
LUIS ESPINAL, and
ANTHONY MELO
Life in prison
Mandatory minimum of 10 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
NEURY ABREU,
ALEXANDER DEJESUS, JOSHUA PEREZ
Life in prison
Mandatory minimum of 5 years in prison
3
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
4
Felon in possession of a firearm
18 U.S.C. § 922(g)(1)
JOSHUA PEREZ
10 years in prison
United States v. Alexander Melo, et al., 19 Cr. 818
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALEXANDER MELO,
JAVIER JANIEL,
FRANMY LUNA, and
JUAN PERALTA,
Life in prison
Mandatory minimum of 10 years in prison
2
Armed Career Criminal Act
18 U.S.C. §§ 922(g)(1) and 924(e)
ALEXANDER MELO
Life in prison
Mandatory minimum of 15 years in prison
United States v. Mario Delgado, et al., 19 Cr. 817
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
MARIO DELGADO,
DANIEL CUEVAS, and EDWARD RODRIGUEZ
Life in prison
Mandatory minimum of 10 years in prison
United States v. Roberto Sanchez, et al., 19 Cr. 820
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ROBERTO SANCHEZ, and
JULIO ABREU
20 years in in prison
United States v. Alberto Marte, 19 Cr. 795
COUNT
CHARGE
DEFENDANTS
MAX. PENALTIES
1
Narcotics trafficking conspiracy
21 U.S.C. § 846
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a narcotics trafficking crime
18 U.S.C. § 924(c)
ALBERTO MARTE,
JUNIOR RODRIGUEZ,
ERICK MELENCIANO,
NICHOLAS FALU,
KEVIN ROSADO,
GUERY CRUZ,
JONATHAN RODRIGUEZ,
OMAR BAEZ,
SAMUEL SOSA,
YOAN DELACRUZ,
RAYMER CASILLA,
KEVIN MELENDEZ,
JOSE BAUTISTA
Life in prison
Mandatory minimum of 5 years in prison
[1] As the introductory phrase signifies, the entirety of the texts of the Indictments constitute only allegations, and every fact described herein should be treated as an allegation.
10 Defendants Charged in Manhattan Federal Court with Running Nationwide Telemarketing Fraud Scheme Targeting the ElderlyRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, the Special Agent-in-Charge of the New York Field Office of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of an Indictment charging ANTHONY CHEEDIE, CHAD ALLEN, SHANE HANNA, CAMERON BREWSTER, KEVIN HANDREN, JOSEPH CIACCIO, a/k/a “Joseph Gallagher,” JOSEPH MINETTO, JOSEPH DEPAOLA, a/k/a “Joe Hall,” DERREK LARKIN, a/k/a “Derrek Martin,” and MATTIE CIRILO with conspiracy to commit wire fraud in connection with telemarketing. LARKIN and CIRILO also are charged with obstruction of justice. The case has been assigned to United States District Judge Victor Marrero.
Nine of the defendants were arrested this morning. CHEEDIE, MINETTO, DEPAOLA, LARKIN, and CIRILO will be presented this afternoon in Manhattan federal court before United States Magistrate Judge Sarah Netburn. ALLEN and HANNA will be presented this afternoon in Phoenix federal court before United States Magistrate Judge Deborah M. Fine. BREWSTER will be presented this afternoon in Las Vegas federal court before United States Magistrate Judge Elayna J. Youchah. HANDREN will be presented in Salt Lake City federal court before United States Magistrate Judge Evelyn J. Furse. CIACCIO will be presented at a later date.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, these 10 defendants, motivated by greed and the possibility of a quick payday, aggressively targeted the elderly and other vulnerable victims throughout the United States by convincing them to invest their money in various businesses, and then scammed those victims again after pushing them deep into debt. In reality, allegedly these so-called opportunities were just fraudulent schemes to steal victims’ money, and the so-called ‘debt relief’ only further abused the trust innocent victims placed in the defendants. Now, the defendants face time in prison for their alleged crimes.”
HSI Special Agent-in-Charge Peter C. Fitzhugh said: “Those charged in this investigation are purported to have taken advantage of our aging population by posing as telemarketers. This criminal organization allegedly strategically gave false promises to continue their swindle and get as much money as possible while destroying the lives of their victims. HSI will not stand by while the elderly, or anyone else, are defrauded out of their hard earned money. HSI and our law enforcement partners will continue to investigate and arrest those responsible to end their telemarketing scams. Today, these individuals are done making calls unless they are calling their lawyer.”
Police Commissioner James P. O’Neill said: “These charges reflect how criminals exploit the elderly and other individuals through telemarking schemes. I commend the NYPD detectives, our federal partners, and prosecutors of the U.S. Attorney, Southern District, for their efforts and cooperation in this investigation. Together, we will continue to be relentless in fighting crime that impacts the people we serve wherever, and however, it occurs.”
According to the allegations in the Indictment:
The Business Opportunity Scheme
From at least 2012 until at least November 2019, CHEEDIE, ALLEN, HANNA, BREWSTER, HANDREN, CIACCIO, MINETTO, DEPAOLA, LARKIN, and CIRILO carried out a wide-ranging telemarketing scheme that defrauded hundreds of victims (the “Victims”) throughout the United States, many of whom were over age 70, by selling those Victims so-called “business services” in connection with the Victims’ purported online businesses (the “Business Opportunity Scheme”).
To perpetrate the Business Opportunity Scheme, certain of the defendants and their co-conspirators sold “services” purporting to make the management of Victims’ businesses more efficient or profitable, including tax preparation or website design services, notwithstanding that many Victims were elderly and did not own a computer. At the outset of the Business Opportunity Scheme, certain participants employed by a “fulfillment” company sent the Victims electronic or paper “pamphlets” or provided so-called “coaching sessions” regarding these purported online businesses, but at no point did the Victims actually earn any of the promised return on their intended investment.
In order to perpetrate the Business Opportunity Scheme, the defendants and their co-conspirators engaged in a widespread, coordinated effort to traffic in lists of potential victims, or “leads,” many of whom had previously made an initial investment to create an online business with other participants in the Scheme. As a general matter, leads were initially generated by sales floors operating in, among other places, Arizona, Nevada, and Utah, including those sales floors operated by ALLEN, HANNA, BREWSTER, and HANDREN. ALLEN, HANNA, BREWSTER, and HANDREN operated in coordination with several telemarketing sales floors in the New York and New Jersey area, including in Manhattan, and provided lead lists and fulfillment services to other co-conspirators operating those floors, including CHEEDIE, CIACCIO, and MINETTO. BREWSTER, for example, provided lead lists through a website referred to by BREWSTER and other co-conspirators as the “Money Sucking Website” or “MSW.” CIACCIO and MINETTO employed several salespeople who sold the so-called business services to Victims of the Business Opportunity Scheme and worked to prevent Victims from receiving refunds on their investments, including DEPAOLA, LARKIN, and CIRILO.
Certain participants in the Business Opportunity Scheme, including ALLEN and HANNA, also told Victims that the Victims had qualified for a government grant, often in connection with starting a small business, and that the Victims should purchase the business services offered as part of the Business Opportunity Scheme as a way to earn money while waiting for the Victim’s grant money to be received. In truth and in fact, no such government grants existed.
The Debt Relief Scheme
When there were no more services to sell the Victim as part of the Business Opportunity Scheme and/or the Victim had reached the maximum limit on his or her credit cards, the defendants and their co-conspirators effectively refinanced their Victims’ participation in the Business Opportunity Scheme into a new scheme, capitalizing on the Business Opportunity Scheme Victims’ credit card debts by offering to consolidate or settle the Victims’ debt in exchange for an up-front payment (the “Debt Relief Scheme”). The perpetrators of the Debt Relief Scheme entered into revenue-sharing agreements with certain participants in the Business Opportunity Scheme by which the perpetrators of the Debt Relief Scheme paid certain participants for leads based on a percentage of the sales made to Victims. In truth and in fact, the perpetrators of the Debt Relief Scheme did not settle or consolidate the Victims’ debt.
Obstruction of Justice
In or about January 2019, law enforcement conducted a search of the telemarketing sales floor at which LARKIN and CIRILO were employed. During the search, law enforcement seized several electronic devices from LARKIN and CIRILO. Following the search, LARKIN and CIRILO knowingly deleted, and attempted to delete, the data on those devices in an effort to prevent law enforcement from using that data in the instant investigation into the Business Opportunity Scheme.
* * *
CHEEDIE, 34, of Jersey City, New Jersey, ALLEN, 41, of Laveen, Arizona, HANNA, 40, of El Mirage, Arizona, BREWSTER, 39, of Las Vegas, Nevada, HANDREN, 37, of Sandy, Utah, CIACCIO, 30, of Hillsdale, New Jersey, MINETTO, 32, of Washington, New Jersey, DEPAOLA, 30, of Hillsdale, New Jersey, LARKIN, 36, of Elmwood Park, New Jersey, and CIRILO, 28, of Elmwood Park, New Jersey, are each charged with one count of conspiracy to commit wire fraud in connection with telemarketing through which they targeted and victimized 10 or more persons over the age of 55, which carries a maximum sentence of 30 years in prison. LARKIN and CIRILO also are each charged with obstruction of justice, which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI’s El Dorado Task Force and the NYPD.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Kiersten A. Fletcher, Benet J. Kearney, and Robert B. Sobelman are in charge of the prosecution.
If you believe you have been a victim of the scheme described above, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact Wendy Olsen-Clancy, the Victim Witness Coordinator at the United States Attorney’s Office for the Southern District of New York, at 866-874-8900 or [email protected]. You may also report it to Detective Christopher Bastos at 917-480-7167 or [email protected].
As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
19 November 2019
Vero Beach Man Charged with More Than $50 Million in Attempted FraudRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging David John Ridling (57, Vero Beach) with 10 counts of wire fraud, 4 counts of bank fraud, 9 counts of money laundering, and 2 counts of aggravated identity theft. If convicted, Ridling faces a maximum penalty of 20 years in federal prison for each wire fraud count, 30 years in federal prison for each bank fraud count, 10 years in federal prison for each money laundering count, and a mandatory penalty of 2 years’ imprisonment for the aggravated identity theft counts.
According to the
indictment and information presented in court, Ridling, over the past three years, has attempted to defraud five financial institutions, one financial services provider, and one local Orlando business out of more than $50 million. Ridling’s scheme involved the use of false brokerage account statements, fabricated tax returns, and false financial statements to obtain loans and lines of credit. As part of his scheme, Ridling falsely claimed that certain individuals served as his account representatives at a financial brokerage company. He used email accounts for two of those representatives, purporting to be them, in an effort to convince lenders that he had millions of dollars in his two brokerage accounts. In fact, Ridling only had one account, which never had more than $2,000 in it. Ridling used some of the proceeds that he had obtained from his victims to pay amounts that he had owed to other victims to prolong his scheme.An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Roger B. Handberg.
U.S. Attorney encouraged by Martinsburg progressRead the Press Release
MARTINSBURG, WEST VIRGINIA – U.S. Attorney Bill Powell is applauding the work of the Martinsburg Police Department and other law enforcement partners on the success of the city’s Drug House Ordinance.
Martinsburg Police Chief Maury Richards recently issued a report showing that over the past three years, the ordinance has been utilized 59 times, resulting in a dramatic decrease in violent crime, drug-related calls, and drug overdoses.
“Job number one for law enforcement is the protection of our citizens. Martinsburg has made great strides in this regard. Violence and other crimes often go hand in hand with drug operations. We must remain constantly vigilant for those who seek to have our neighborhoods made part of their illegal activities. This is especially true for landlords who have the ability to identify those who pose a danger to us and our children. We are proud of our partnership with Chief Richards and the law enforcement community to rid our communities of “drug houses,” said Powell.
Earlier this year, the U.S. Attorney’s office offered further support of this ordinance, stating that landlords with multiple citations under the drug house ordinance could face federal charges. Landlords who continue to allow drugs on their rental properties could face criminal prosecution, as well as federal seizure of the house or apartment building.
Berkeley County has the highest number of drug overdoses in the Northern District of West Virginia.
U.S. Atorney’s Office Reaches ADA Settlement with Owner of Historic Paramount Theater to Ensure Physical Access for People with DisabilitiesRead the Press Release
NEWARK, N.J. – The U.S. Attorney’s Office has reached an Americans with Disabilities Act (ADA) settlement with Madison Asbury Convention Hall LLC, the owner of the historic Paramount Theater in Asbury Park, New Jersey, to ensure physical accessibility for people with disabilities, U.S. Attorney Craig Carpenito announced.
“This agreement begins a new era for the historic Paramount Theater, which will enable all audiences, with or without disabilities, to enjoy the venue and its performances,” U.S. Attorney Carpenito said. “We commend the Paramount Theater for making the changes necessary to come into compliance with the ADA.”
The agreement requires, among other things, the installation of wheelchair spaces and companion seats, tactile signs with raised characters and Braille identifying all exits and restrooms, accessible ticket and concession stands, and at least 47 assistive listening receivers.
This agreement was reached under Title III of the ADA, which prohibits places of public accommodation from discriminating against individuals with disabilities. The U.S. Attorney’s Office will actively monitor compliance with the agreement, which will remain in effect for three years.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint. Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TDD).
The government is represented by Assistant U.S. Michael Campion, Chief of the of the U.S. Attorney’s Office’s Civil Rights Unit, and Assistant U.S. Attorney Elizabeth Pascal, Deputy Chief, Civil Division.
Two New Jersey Men Admit Roles in Drug Trafficking ConspiracyRead the Press Release
TRENTON, N.J. –Two New Jersey men today admitted their roles in a drug trafficking conspiracy that distributed significant quantities of heroin and cocaine in the Bayshore area of Monmouth and Middlesex counties, U.S. Attorney Craig Carpenito announced.
Gregory Gillens, 47, of Hillside, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti in Trenton federal court to an information charging him with one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin. Gillens also admitted to conspiring to distribute and possess with intent to distribute a quantity of cocaine.
Tyler Scarangello, 34, of Hazlet, New Jersey, pleaded guilty before Judge Martinotti to an information charging him with one count of conspiracy to distribute and possess with intent to distribute a quantity of cocaine.
In November 2018, Gillens, Scarangello, and 13 others were charged in a federal criminal complaint with conspiracy to distribute heroin and cocaine. Gillens and Scarangello are the sixth and seventh defendants to plead guilty.
According to documents filed in this case and statements made in court:
From May 2017 to November 2018, the defendants and others engaged in a narcotics conspiracy that operated in the Raritan Bayshore region of Middlesex and northern Monmouth counties.
Through the interception of telephone calls and text messages pursuant to court-authorized wiretap orders, controlled purchases of heroin and cocaine, the use of confidential sources of information, and other investigative techniques, law enforcement learned that Gillens regularly supplied large quantities of heroin and cocaine for further distribution to codefendants Guy Jackson, Richard Gethers, and Deberal Rogers. Law enforcement also learned that Jackson distributed the narcotics to others, including Scarangello.
Members of the conspiracy sold the narcotics to other conspirators, distributors, sub-dealers, and end-users in the Bayshore area. Some of the heroin distributed by the conspiracy contained fentanyl, a dangerous synthetic opioid.
The heroin conspiracy count to which Gillens pleaded guilty carries a statutory mandatory minimum term of imprisonment of 10 years, a maximum potential penalty of life in prison, and a maximum fine of $10 million. The cocaine conspiracy to which Scarangello pleaded guilty carries a maximum potential penalty of 20 years in prison, and a maximum fine of $1 million. Sentencing is scheduled for Feb. 19, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, Newark Division, Red Bank Resident Agency, Jersey Shore Gang and Criminal Organization Task Force (including representatives from the Bradley Beach Police Department, Brick Police Department, Howell Police Department, Marlboro Police Department, Monmouth County Sheriff's Office, Toms River Police Department, and Union Beach Police Department) under the direction of Special Agent in Charge Gregory W. Ehrie; Special Agents of the FBI, Philadelphia Division, Scranton Resident Agency, under the direction of Special Agent in Charge Michael T. Harpster; the New Jersey State Police, under the direction of Col. Patrick J. Callahan, Superintendent; the Matawan Police Department, under the direction of Chief Thomas J. Falco, Jr.; the Holmdel Police Department, under the direction of Chief John Mioduszewski; the Highlands Police Department, under the direction of Chief Robert Burton; the Monmouth County Prosecutor’s Office, under the direction of Prosecutor Christopher J. Gramiccioni; the Old Bridge Police Department, under the direction of Chief William A. Volkert; the Keansburg Police Department, under the direction of Chief James K. Pigott; the Hazlet Police Department, under the direction of Chief Philip Meehan; and the Aberdeen Police Department, under the direction of Chief John T. Powers, with the investigation leading to today’s pleas.
The government is represented by Assistant U.S. Attorney Elisa T. Wiygul of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations against the remaining eight defendants are merely accusations and they are presumed innocent unless and until proven guilty.
Two Men Sentenced in Marijuana Scheme Through U.S. Postal ServiceRead the Press Release
HUNTINGTON, W.Va. – Two Huntington men who participated in a scheme to mail marijuana from California to Huntington over a period of several years were sentenced yesteday, announced United States Attorney Mike Stuart. James Waylon Molinaro ,44, was sentenced to 78 months in federal prison after previously entering a guilty plea to possession with intent to distribute marijuana. Molinaro also previously pled guilty to prohibited possession of a firearm by a felon stemming from an unrelated investigation. Chris Crookshanks, 43, was sentenced to three years of supervised release during which he must serve 12 weeks of intermittent confinement in jail. Crookshanks previously entered a guilty plea to conspiracy to distribute marijuana.
“The U.S. Postal Service’s “if it fits, it ships” campaign does not apply to illegal drugs” said United States Attorney Mike Stuart. “Unfortunately, the U.S. Mail has become a frequently used method for drug dealers to transport their inventory and, sadly, in this case, a postal service employee was corruptly involved. Law enforcement is keenly aware of the risk of shipments of dangerous drugs in the mail and we are working together to prosecute both the shippers and receivers of illicit drugs. I greatly admire the postal service and their committed employees. Fortunately, we won’t allow a bad apple to sully the orchard.”
Molinaro and Crookshanks admitted that, between 2013 and March of 2018, they and others conspired to distribute marijuana in the Huntington area. During the conspiracy, Molinaro acquired marijuana in California and arranged for it to be shipped through the United States mail from California to Huntington. Once the parcels containing marijuana arrived in Huntington, Molinaro paid multiple postal employees, including Crookshanks who was a letter carrier with the postal service, to deliver the parcels on their assigned delivery routes or to meet Molinaro at other locations to provide the parcels to him.
On March 15, 2018, agents located two parcels at the Huntington Post Office which had been mailed from the State of California to Huntington which were found to contain marijuana. Agents conducting surveillance observed a postal employee load the parcels into a postal delivery truck and drive to the Dollar General store located in the 800 block of Norway Avenue in Huntington. At that location, the postal employee provided the parcels to Molinaro who arrived in a separate vehicle. A trooper with the West Virginia State Police subsequently conducted a traffic stop of Molinaro’s vehicle in the 1000 block of 9th Street in Huntington and recovered the parcels. The parcels were found to contain a total of 16 pounds of marijuana which Molinaro admitted that he intended to distribute.
As part of their pleas, Molinaro admitted that he was responsible for the shipment and distribution of at least 100 kilograms of marijuana, and Crookshanks admitted that he was responsible for the delivery of at least 40 kilograms of marijuana, during the conspiracy.
Molinaro had also previously pled guilty to being a felon in possession of a firearm. On July 29, 2018, Molinaro was at a night club on Route 60 in Barboursville when he was asked to leave after a club employee observed him possessing a firearm. Molinaro exited the club, fired multiple shots in the club’s parking lot, briefly left the scene, and then returned. A Barboursville police officer responding to a call for assistance at the club subsequently located Molinaro in possession of .38 caliber revolver. Molinaro was prohibited from possessing a firearm based on multiple prior felony convictions for distribution of cocaine and possession of cannabis for sale
The United States Postal Service Office of Inspector General, the United States Postal Inspection Service, the West Virginia State Police – Violent Crime and Drug Task Force West, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Barboursville Police Department, conducted the investigation. United States District Judge Robert C. Chambers imposed the sentences. Assistant United States Attorney Joseph F. Adams handled the prosecutions.
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Topeka Man Sentenced for Cyberstalking, Child PornographyRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced today to nine years in federal prison for cyberstalking and distributing child pornography, U.S. Attorney Stephen McAllister said.
Blake Adam Austin, 35, Topeka, Kan., pleaded guilty to one count of cyberstalking, one count of possessing child pornography and one count of distributing child pornography.
The investigation began when a middle school teacher in Topeka reported receiving emails from males who wanted to meet her. The males were responding to a Craigslist ad in which someone used the victim’s identity to post sexual content. The problem continued for years until an investigator identified an account Austin was using to post sexual content along with the victim’s contact information.
The victim recognized Austin as someone she had worked with at a coffee shop. He had attempted to initiate a relationship but she had not been interested.
Investigators learned Austin used images of an adult porn star and the victim’s contact information to post ads. He also used images of the victim and her contact information to place half a dozen ads on Craigslist.
On Austin’s laptop, investigators found images of him having sex with a 17-year-old girl. Investigators also learned that Austin uploaded sexually explicit photos of a girl under 15 years old on Skype.
McAllister commended the Topeka Police Department, the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Three indicted for “lie and buy” firearms trafficking schemesRead the Press Release
Seattle – Three Seattle area residents have been indicted by a grand jury following a federal investigation of illegal firearms purchases, announced U.S. Attorney Brian T. Moran. The arrests highlight the Department of Justice focus on combatting gun crime under “Project Guardian.” One core emphasis of Project Guardian is to increase prosecution of so-called “lie and buy” or “lie and try” cases where the purchaser is obtaining a firearm for a prohibited person.
“Project Guardian furthers our efforts to stop gun violence in Western Washington, by enhancing coordination between federal, state, local and tribal law enforcement,” said U.S. Attorney Brian T. Moran. “This ATF-led operation arrested three people on indictments charging them with lying on federal forms to purchase guns that were destined for felons, individuals associated with violent street gangs, and others who simply should not have a firearm.”
“Gun crime remains a pervasive problem in too many communities across America. The Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” said Attorney General William P. Barr. “Building on the success of past programs like Triggerlock, Project Guardian will strengthen our efforts to reduce gun violence by allowing the federal government and our state and local partners to better target offenders who use guns in crimes and those who try to buy guns illegally.”
On November 7, 2019, a grand jury returned a ten-count indictment charging SHANNON McCALL, 40, of Seattle and her son, LEONTAI BERRY, 20, of Federal Way, Washington, with a conspiracy to purchase firearms in violation of federal law. Between August 2017 and January 2019, McCALL repeatedly lied on firearms purchasing forms claiming that five different firearms were for her personal use. In fact, McCALL purchased the firearms on behalf of BERRY, who was under the legal age to purchase a firearm.
According to records filed in the case, BERRY converted some of the guns to machine guns, and some of the illegally purchased firearms are linked to gang-related shootings and possession by felons. In addition to conspiracy, BERRY and McCALL are charged with making false statements in connection with purchasing firearms. BERRY is also charged with possessing a machine gun, and McCALL is charged with making a false statement to federal officers.
The grand jury returned a second indictment against CARL DEANDRE KEMP, 26, of Seattle charging him with making a false statement in acquisition of a firearm. The indictment alleges that KEMP falsely claimed that he was the actual buyer of a firearm that he purchased.
The charges contained in the indictments are punishable by up to 10 years in prison and a $250,000 fine.
The charges in the indictments are only allegations. A person is presumed innocent unless and until he or she is convicted in a court of law.
The cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), and are being prosecuted by Assistant United States Attorney Jessica Manca who serves as the Project Guardian coordinator for the U.S. Attorney’s Office.
Additional Information on Project Guardian:
Project Guardian’s implementation is based on five principles:
1) Coordinated Prosecution. Federal prosecutors and law enforcement will coordinate with state, local, and tribal law enforcement and prosecutors to consider potential federal prosecution for new cases involving a defendant who: a) was arrested in possession of a firearm; b) is believed to have used a firearm in committing a crime of violence or drug trafficking crime prosecutable in federal court; or c) is suspected of actively committing violent crime(s) in the community on behalf of a criminal organization.
2) Enforcing the Background Check System. United States Attorneys, in consultation with the Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in their district, will create new, or review existing, guidelines for intake and prosecution of federal cases involving false statements (including lie-and-try, lie-and-buy, and straw purchasers) made during the acquisition or attempted acquisition of firearms from Federal Firearms Licensees.
Particular emphasis is placed on individuals convicted of violent felonies or misdemeanor crimes of domestic violence, individuals subject to protective orders, and individuals who are fugitives where the underlying offense is a felony or misdemeanor crime of domestic violence; individuals suspected of involvement in criminal organizations or of providing firearms to criminal organizations; and individuals involved in repeat denials.3) Improved Information Sharing. On a regular basis, and as often as practicable given current technical limitations, ATF will provide to state law enforcement fusion centers a report listing individuals for whom the National Instant Criminal Background Check System (NICS) has issued denials, including the basis for the denial, so that state and local law enforcement can take appropriate steps under their laws.
4) Coordinated Response to Mental Health Denials. Each United States Attorney will ensure that whenever there is federal case information regarding individuals who are prohibited from possessing a firearm under the mental health prohibition, such information continues to be entered timely and accurately into the United States Attorneys’ Offices’ case-management system for prompt submission to NICS. ATF should engage in additional outreach to state and local law enforcement on how to use this denial information to assure better public safety.
Additionally, United States Attorneys will consult with relevant district stakeholders to assess feasibility of adopting disruption of early engagement programs to address mental-health-prohibited individuals who attempt to acquire a firearm. United States Attorneys should consider, when appropriate, recommending court-ordered mental health treatment for any sentences issued to individuals prohibited based on mental health.
5) Crime Gun Intelligence Coordination. Federal, state, local, and tribal prosecutors and law enforcement will work together to ensure effective use of the ATF’s Crime Gun Intelligence Centers (CGICs), and all related resources, to maximize the use of modern intelligence tools and technology. These tools can greatly enhance the speed and effectiveness in identifying trigger-pullers and finding their guns, but the success depends in large part on state, local, and tribal law enforcement partners sharing ballistic evidence and firearm recovery data with the ATF.
Three gunmen involved in takeover-style Woodbury bank robbery sentenced to federal prisonRead the Press Release
NEWNAN, Ga. – The three gunmen who terrorized employees of the United Bank in Woodbury, Georgia in June of 2018 have each been sentenced to at least a decade in federal prison.
“These defendants chose to rob a bank and in the process terrorized its employees,” said U.S. Attorney Byung J. “BJay” Pak. “Thanks to a quick law enforcement response they lost their getaway car and subsequently their freedom.”
“The sentencing of these three men illustrates the FBI’s commitment to working with its law enforcement partners to protect our citizens against such violent offenders,” said Special Agent in Charge of FBI Atlanta, Chris Hacker. “Hopefully this sentencing sends a message to those contemplating bank robbery that they will be aggressively investigated and prosecuted to the full extent of the law.”
“This case is a great example of teamwork. I’m thankful for the assistance of everyone involved, especially our law enforcement partners. We at the Woodbury Police Department are committed to providing a safe community for all who live in or visit. Knowing we have law enforcement partners willing to respond and support us during times like this is comforting. As we work together, we provide a safer community for everyone,” said Woodbury Police Chief Smart Web.
According to U.S. Attorney Pak, the charges and other information presented in court: Shortly after noon on June 28, 2018, a vehicle allegedly driven by Dontavious Prather (whose charges remain pending), pulled up to the United Bank in Woodbury, Georgia and dropped off three masked gunmen: Antavious Bray, Derrick Scott, and D’Asis Sheffield. Bray, armed with a semi-automatic rifle, ordered two bank employees to lie face down on the floor while he stood over them with the rifle pointed at them. Meanwhile, Scott and Sheffield, armed with handguns, threatened the teller, forced their way into the bank vault, and filled their backpacks with cash. The three gunmen then fled from the bank through a back door.
As they left the bank, Bray, Scott, and Sheffield discovered that their getaway driver had quickly left the scene without them because of the quick response of the Woodbury Police Department. At that point, the three gunmen fled on foot into a nearby wooded area. Within hours, FBI agents had captured Bray and Scott, who had broken into a nearby home to use as a hiding place.
Sheffield remained unidentified and at large until local news stations played a video clip of him walking through the backyard of a residence near the bank shortly after the robbery. Several tipsters identified Sheffield, and the FBI arrested him shortly thereafter. DNA evidence also confirmed that Sheffield was the third gunman.
Bray, Scott, and Sheffield each pled guilty to conspiracy to commit Hobbs Act robbery and brandishing a firearm during a crime of violence.
- Antavious Bray, 31, of Greenville, Georgia, was sentenced to 12 years, 10 months in prison, and five years of supervised release.
- Derrick Scott, 27, of Manchester, Georgia, was sentenced to 12 years, 10 months in prison, and five years of supervised release.
- D'Asis Sheffield, 21, of Greenville, Georgia, was sentenced to 10 years in prison, and five years of supervised release. All three men were also ordered to pay full restitution to the victims.
Dontavious Prather, 23, of Greenville, Georgia, pled not guilty to a Second Superseding Indictment on December 21, 2018, and his case remains pending in federal court. Members of the public are reminded that the indictment against Prather only contains charges. The defendant is presumed innocent of the charges, and it will be the government’s burden to prove the defendant's guilt beyond a reasonable doubt at trial.
The Federal Bureau of Investigation investigated this case.
Assistant U.S. Attorneys Bret R. Hobson and Miguel R. Acosta prosecuted the case.
This case was bought as a part of the Project Safe Neighborhoods (PSN). In keeping with the Attorney Generals mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
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.
Three Men Charged for Conspiracy to Distribute 30 Kilograms of CocaineRead the Press Release
NEWARK, N.J. – Three men have been charged with conspiring to distribute 30 kilograms of cocaine in Newark, U.S. Attorney Craig Carpenito announced today.
Yohan E. De Jesus Osornio, 29, of Los Angeles, California; Raul A. Figueroa Santana, 47, of the Bronx, New York, and Ronal Luiyi Hernandez Sepulveda, 29, of the Bronx, New York, are charged by complaint with one count of conspiracy to possess with intent to distribute more than five kilograms of cocaine. They appeared Nov. 18, 2019, before U.S. Magistrate Judge Leda Dunn Wettre in Newark federal court.
According documents filed in this case and statements made in court:
De Jesus Osornio, Figueroa Santana, and Hernandez Sepulveda were arrested on Nov. 15, 2019, in Newark after conducting a transaction involving 10 kilograms of cocaine. Law enforcement officers observed De Jesus Osornio, who had parked his tractor trailer on Passaic Street in Newark, enter a white Mazda before returning to the tractor trailer with a weighted-down bag. Around the same time, law enforcement officers observed Hernandez Sepulveda and Figueroa Santana arrive in a black Mitsubishi. Law enforcement officers observed Hernandez Sepulveda approach the tractor trailer and walk back to the Mitsubishi with a bag, which Hernandez Sepulveda placed in the back of the Mitsubishi. After approaching and apprehending the defendants, law enforcement officers searched the bag and found 10 kilograms of cocaine, and found an additional 20 kilograms of cocaine and a large sum of cash in the tractor trailer.
The count of conspiracy to distribute and possess with intent to distribute over five kilograms of cocaine carries a maximum penalty of life imprisonment and a $10 million fine.
U.S. Attorney Carpenito credited special agents of the Drug Enforcement Administration’s Newark Division, under the direction of Special Agent in Charge Susan A. Gibson, with investigation leading to the arrests.
The government is represented by Assistant U.S. Attorney Lauren E. Repole of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Thirteen Charged, Eight Search Warrants Executed, More Than A Thousand Grams of Fentanyl and Three Firearms Seized in Project Safe Neighborhoods InvestigationRead the Press Release
PROVIDENCE – Thirteen individuals have been charged, eleven of which are in custody, and eight federal court-authorized search warrants were executed today in a series of FBI Safe Streets Task Force led pre-dawn law enforcement actions, culminating a six-month Project Safe Neighborhoods Investigation into the trafficking of significant quantities of fentanyl and other drugs in Providence.
Today, law enforcement agents and officers seized more than 500 grams of fentanyl and two firearms during the pre-dawn raids. Prior to today, the Safe Street Task Force investigation resulted in the seizure of more than 600 grams of fentanyl, 610 fentanyl pills, 67 grams of crack cocaine, 102 grams of cocaine, and a firearm.
According to court documents, all but one of the individuals charged today have had previous law enforcement contact, many convicted on multiple occasions in Rhode Island state court on drug trafficking and other violent crime charges. Several of the defendants are currently serving suspended or probationary sentences.
“The combination of deadly drugs and illegal firearms has destroyed too many lives, ruined too many families, and rendered once safe neighborhoods dangerous places to live and raise families,” commented United States Attorney Aaron L. Weisman. “This significant operation demonstrates that our federal law enforcement agencies, and their critical state and local partners, will act aggressively to protect our neighborhoods from being inundated with deadly illegal drugs like cocaine and heroin, and especially fentanyl, which has already claimed the lives of well over a thousand Rhode Islanders.”
“Dealing deadly drugs was a family affair, and for their suppliers a very dangerous one, as illustrated by the firearms we seized throughout the course of investigation. And if that’s not troubling enough, we allege at least two of these drug dealers were playing Russian roulette with people’s lives, pushing pills that were disguised as prescription painkillers, when they were really fentanyl,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI’s Safe Streets Task Force is laser-focused on stopping individuals like those we arrested today from peddling their poisons and polluting our neighborhoods with illegal firearms.”
“Opioid abuse is at epidemic levels in New England,” said DEA Special Agent in Charge Brian D. Boyle. “Illegal drug distribution ravages the very foundations of our families and communities here in Rhode Island. Let these arrests serve as an example to those who distribute poisons like fentanyl, crack-cocaine and cocaine, that DEA will aggressively pursue and hold you accountable. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
According to court documents and information presented to the Court, this investigation, dubbed Operation Bloodline,” began in June of 2019, when the members of the FBI Safe Streets Task Force developed information regarding the alleged drug trafficking activities of Hector Rivera, 40, of Central Falls. On June 19, 2019, Rivera allegedly delivered 50 grams of fentanyl while being surveilled by members of the Safe Street Task Force. At that same meeting, it is alleged that the individual purchasing the fentanyl from Rivera was introduced to Rafael Ferrer, 39, of Providence. It is alleged that within the next several weeks two additional deliveries of fentanyl were delivered jointly by Ferrer and Rivera. Each delivery of fentanyl was immediately seized by law enforcement.
Over the next several months, as the investigation continued, it was determined by law enforcement that a long list of individuals were allegedly associated with Ferrer, including members of his family. Law enforcement determined that drugs were allegedly being stored and prepared for delivery by members of the conspiracy in at least two Providence residences.
Transactions surveilled by law enforcement took place at homes, in the streets, and in parking lots of businesses in Providence. Little effort was made to conceal the transactions.
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.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The cases are being prosecuted by Assistant U.S. Attorneys Stacey P. Veroni and Gerard B Sullivan.
United States Attorney Aaron L. Weisman acknowledges and thanks the many law enforcement agencies that provided manpower and resources to this investigation, including the many law enforcement member agencies of the FBI’s Safe Street Violent Gang Task Force and the DEA’s Rhode Island Drug Task Force.
The FBI’s Safe Streets Violent Gang Task Force consists of agents and law enforcement officers from the FBI, the Rhode Island State Police, the Providence, Cranston, Woonsocket, Pawtucket, and Central Falls Police Departments, R.I. Department of Corrections, and the Rhode Island National Guard.
The Rhode Island DEA Drug Task Force is comprised of law enforcement personnel from DEA, Rhode Island State Police, and the East Providence, Central Falls, Coventry, Cranston, Newport, North Kingstown, Pawtucket, Providence, South Kingstown, Warwick, West Warwick and Woonsocket Police Departments.
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Superseding Indictment Charges Doctor and Alleged Co-Conspirator with Oxycodone Distribution OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian C. Turner, Special Agent in Charge of the Federal Bureau of Investigation, and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that a federal grand jury in New Haven has returned a 36-count superseding indictment charging JENNIFER FARRELL and JIMIESHA McKOY with narcotics distribution offenses.
As alleged in the superseding indictment, Farrell was a medical resident at Yale New Haven Health (“YNHH”) in the Emergency Department from July 2017 until June 2019. From March 2018 to March 2019, Farrell wrote numerous prescriptions for oxycodone for non-legitimate medical purposes outside the scope of her professional practice in the name of at least five individuals, including McKoy. Farrell did not see McKoy or any of the other individuals for any medical purpose at any YNHH facility during the entire period of her residency.
The superseding indictment, which was returned on November 6, charges Farrell and McKoy with one count of conspiracy to distribute, and to possess with intent to distribute, controlled substances. The indictment also charges Farrell with 35 counts of distribution of narcotics outside the scope of professional practice and not for a legitimate medical purpose. Each charge carries a maximum term of imprisonment of 20 years.
Farrell, 37, was arrested on a federal criminal complaint on July 31, 2019, and was charged by indictment in August. Farrell, who was living in New Haven at the time of her arrest, is released on a $200,000 bond and residing in Chapel Hill, North Carolina.
McKoy, 30, of New Haven, is currently being sought by law enforcement. Citizens with knowledge of McKoy’s whereabouts, or with information that may be helpful the investigation of this matter, are encouraged to call the FBI at 203-777-6311.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This investigation is being conducted by the Federal Bureau of Investigation and the Drug Enforcement Administration, Diversion Control Group. The case is being prosecuted by Assistant U.S. Attorney Heather Cherry.
Stockton Woman Sentenced for Two Separate Fraud ConspiraciesRead the Press Release
SACRAMENTO, Calif. — Kioni M. Dogan, 39, of Stockton, was sentenced today to four years in prison for criminal conspiracies to submit false claims for federal income tax refunds and to commit mail fraud in connection with California state unemployment insurance benefits, U.S. Attorney McGregor W. Scott announced.
In sentencing, U.S. District Judge John A. Mendez said Dogan’s criminal conduct was “a slap in the face to law abiding citizens” who comply with our tax system and who turn to unemployment benefits in times of real need.
According to court documents, for over five years Dogan was the driving force in two schemes seeking over $2 million from the California and federal governments through fraud.
U.S. Attorney Scott stated: “This defendant ran overlapping fraud schemes targeting federal and state government agencies to steal over $2.2 million. Today’s sentence reflects the extensive criminal conduct, provides just punishment, and protects the public from further crimes of this defendant.”
According to court documents, from May 2011 through April 2012, Dogan filed at least 98 fraudulent tax returns $940,000 in refunds, of which approximately $708,188 was paid out by the IRS. Dogan, co-defendant Antonia Brasley, and others obtained personal identifying information from family, friends, and others, and then submitted returns containing false statements regarding income, withholding, and losses.
“Dogan’s long-running scheme had no purpose other than to mislead and defraud the IRS and EDD,” said Kareem Carter, Special Agent in Charge IRS Criminal Investigation. “Defrauding the government is not a victimless crime as honest taxpayers end up footing the bill. Today’s sentence sends a clear message that those involved in these types of schemes will be held accountable.”
According to court documents, from 2010 through 2015, Dogan filed over 100 fraudulent unemployment insurance claims with the California Employment Development Department (EDD) seeking $1.29 million using fictitious businesses. Dogan created fictitious employers with EDD and then caused the submission of information for employees of the fictitious entities. Dogan subsequently filed unemployment claims in the names of the fake employees. Co‑defendants Gloria Harris and Lavonda Bailey are charged with collecting the fraudulent benefits, both in their own names and in the names of other fake employees. Approximately $972,319 was paid out by EDD.
“Kioni Dogan defrauded the California Employment Development Department by establishing fictitious businesses to obtain unemployment insurance benefits in the names of identity theft victims and her co-conspirators who were not entitled to such benefits. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of unemployment insurance benefit programs,” said Quentin Heiden, Special Agent-in-Charge, Los Angeles Region, U.S. Department of Labor Office of Inspector General.
The unemployment fraud case is the product of an investigation by the U.S. Department of Labor, the California Employment Development Department, and the U.S. Postal Inspection Service. The tax fraud case was the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Christopher S. Hales is prosecuting both cases.
On Sept. 10, Brasley was sentenced to five years’ probation and ordered to pay $33,562 in restitution. Harris pleaded guilty to the charges on Nov. 15 and is scheduled to be sentenced on Feb. 14, 2020.
The charges against Bailey remain pending. The charges are only allegations; she is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Springfield Man Sentenced to 10 Years for Shooting at a Federal Probation OfficerRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri man was sentenced in federal court today for shooting at a federal probation officer.
Enrique Castaneda, 30, was sentenced by U.S. District Judge M. Douglas Harpool to 10 years in federal prison without parole.
On May 20, 2019, Castaneda pleaded guilty to assaulting a federal employee with a firearm. Castaneda admitted that he fired a pistol at a federal probation officer, striking her vehicle.
The officer was driving to her office at the federal courthouse in Springfield on March 13, 2018. As she passed his vehicle parked on Walnut Street, Castaneda rolled down the driver’s side window and yelled at her. Castaneda then fired a Springfield Armory .45-caliber pistol at the officer, striking the rear quarter panel of her vehicle.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Springfield, Mo., Police Department, the Greene County, Mo., Sheriff’s Department, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Springfield Man Pleads Guilty to Bank Fraud ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man pleaded guilty in federal court today to a bank fraud conspiracy in which he and others used stolen mail to create dozens of counterfeit checks that they attempted to cash at area banks.
Shannon Western Fields, 42, pleaded guilty before U.S. District Judge M. Douglas Harpool to participating in a conspiracy to commit bank fraud from February to May 7, 2018, in Greene, Christian, Jasper, and Newton counties.
By pleading guilty today, Fields admitted that he and others stole mail from individuals and businesses in order to obtain checks and personal identity information. Conspirators purchased blank check stock and magnetic ink from office supply stores to create counterfeit checks by using the stolen checks (typically business checks) as templates. They created checks payable to the conspirators, or used stolen identity information to create counterfeit identification such as Social Security cards and Missouri driver’s licenses, to cash the checks.
In addition to Fields, 11 unidentified co-conspirators were listed as the payees on the forged and counterfeit checks. Along with Fields, they attempted to cash dozens of checks at various financial institutions in Springfield and Branson, Missouri. Many of those attempts were unsuccessful.
Under the terms of today’s plea agreement, Fields must pay $21,279 in restitution to four banks that were victimized by the conspiracy.
Under federal statutes, Fields is subject to a sentence of up to 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Steven M. Mohlhenrich. It was investigated by the U.S. Postal Inspection Service, the Springfield, Mo., Police Department, and the Joplin, Mo., Police Department.
Second Mesa Man Sentenced to 27 Years in Prison for Sexually Abusing ChildRead the Press Release
PHOENIX, Ariz. – This week, Louie Josytewa, of Second Mesa, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 27 years of imprisonment to be followed by a lifetime term of supervised release. Josytewa was convicted of two crimes at a jury trial earlier this year: (1) Abusive Sexual Contact with a Child, and (2) Offense by a Registered Sex Offender.
In October 2016, Josytewa sexually abused the seven-year-old victim at a home on the Hopi Indian Reservation. Josytewa – an enrolled member of the Hopi Tribe – had been previously convicted of a sexual offense against a nine-year-old child in 1992.
“This wasn’t Josytewa’s first time abusing a vulnerable victim, and he deserved every day of this sentence,” said Michael Bailey, United States Attorney for the District of Arizona. “Prosecuting and preventing child sexual abuse in Indian Country continues to be a top priority of the U.S. Attorney’s Office.”
The investigation in this case was conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs – Office of Justice Services (Hopi Agency). The prosecution was handled by Assistant U.S. Attorneys Ryan Powell and Alexander Samuels, District of Arizona, Phoenix.
Rochester Man Sentenced for McDonalds and Liquor Store RobberiesRead 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 Malik Lott, 25, of Rochester, NY, who was convicted of two counts of Hobbs Act Robbery, was sentenced to serve 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that in the early morning hours of December 28, 2018, Lott went to the McDonald’s restaurant on East Avenue in Rochester with co-defendants Lavon Wims and Juwan Baldwin. Lott and Wims entered the restaurant, and Wims held a knife to the throat of an employee. Wims then dragged the employee to the cash register—and then to the safe—and demanded money. At the same time, Lott displayed what appeared to be a handgun to another McDonald’s employee. Wims and Lott then fled the McDonald’s with the stolen cash.
On January 23, 2019, Lott went to Jordy’s Spirits on Dewey Avenue in Rochester with co-defendants Lavon Wims and Kayla Dade. Lott and Wims entered the store, and Wims pointed what appeared to be a gun at the store employee, and demanded money. Lott waited by the front door of the store, and after Wims told the employee to give them money, Lott then assisted Wims in removing cash from the register drawer. Wims and Lott then fled the store with the stolen cash.
Co-defendants Baldwin, Wims, and Dade were all previously convicted and are awaiting sentencing.The sentencing is the result of an investigation by the Federal Bureau of Investigation Violent Crimes Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Police, under the direction of Major Eric Laughton; and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Philadelphia Rappers and Associates of “Original Block Hustlaz” Gang Convicted for Large-Scale Drug TraffickingRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that defendants Abdul Ibrahim West, a/k/a “AR-Ab,” 37, of Brookhaven, Jamaal Blanding, a/k/a “Bionickhaz,” 38, of Philadelphia, Jameel Hickson, a/k/a “Meliano,” 41, of Philadelphia, and Hans Gadson, a/k/a “NoBrakes Bras,” 34, of Philadelphia, were convicted today at trial for conspiracy to distribute drugs and other drug trafficking crimes.
Separately but in a related case, Charles Salley, a/k/a “Dark Lo,” a/k/a “Ron Harvey,” 37, of Clayton, Delaware, was arrested last week and charged by complaint with witness tampering during the trial.
Conviction at Trial
The evidence at trial showed that defendants West, Blanding, Hickson and Gadson ran a violent drug trafficking organization from at least March 2017 until June 2018. Although they purported to be rap music artists and associates of a local music label and group known as the “Original Block Hustlaz,” or “O.B.H.”, these defendants made money distributing cocaine, crack cocaine, methamphetamine, and heroin in and around Philadelphia. The organization was led by West, who purchased bulk drugs, distributed the drugs, and ordered acts of murder and violence in furtherance of the organization’s drug trafficking. Additionally, Blanding and Hickson imported drugs from California, while Gadson and Blanding distributed the drugs throughout Philadelphia.
Throughout the course of the investigation, law enforcement agents conducted surveillance and undercover sting operations during which drugs were purchased from the defendants. The defendants maintained four separate properties in connection with their drug trafficking organization. In May 2018, agents executed a search warrant on one of the properties and seized ten kilograms of cocaine and five pounds of methamphetamine.
Each of the defendants now faces a maximum of life in prison under federal law.
New Charge of Witness Tampering
The complaint against defendant Salley alleges that on November 6, 2019, a cooperating witness in the above-referenced trial received a threatening letter from Salley under the pen name “Ron Harvey,” a pseudonym Salley has used in various rap songs. The complaint further alleges that Salley, who also goes by the stage name “Dark Lo,” threatened physical violence against the cooperating witness and others if the witness testified at trial against Salley’s O.B.H. associates.
On November 13, 2019, United States Magistrate Judge Lynne A. Sitarski detained Salley pending trial in this matter.
If convicted, Salley faces a maximum possible sentence of 20 years’ imprisonment and a fine.
“West and his co-defendants, members of the O.B.H. drug organization, pumped huge quantities of deadly drugs into our community while pretending to be legitimate artists and businessmen,” said U.S. Attorney McSwain. “Drug trafficking is an inherently dangerous business, and drug traffickers ultimately deliver violence and destruction to our communities without any regard for the people living there. Our Office is determined to do exactly what we did in this case: investigate and convict these dangerous criminals and put them in prison.”
“Furthermore, witness intimidation has no place in the criminal justice system and will be dealt with swiftly and harshly,” continued U.S. Attorney McSwain. “As alleged in a criminal complaint, an associate of O.B.H. attempted to intimidate a witness during the trial and is now behind bars, where he will remain pending trial.”
“West and his crew transported illegal narcotics across the country to push here on our streets,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “They used violence to maintain their hold on their drug territory, in order to keep the cash rolling in. The FBI and our partners on the Violent Gang Safe Streets Task Force are determined to dismantle dangerous trafficking operations like this and bring those involved to justice, as we push every day to make this city safer.”
The “O.B.H.” case is part of the FBI’s Violent Gang Safe Streets Task Force, a program through which all of the federal, state, and local law enforcement agencies collaboratively address the violent crime plaguing communities. The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Everett Witherell and Timothy Stengel.
The Salley case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Justin Ashenfelter. An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Ohio man admits to his role in cocaine and heroin distribution operationRead the Press Release
WHEELING, WEST VIRGINIA – Diego L. Hansard, of Canal Winchester, Ohio, has admitted to his role in a cocaine and heroin distribution operation that spanned two states, U.S. Attorney Bill Powell announced.
Hansard, also known as “Rico,” age 33, pled guilty to one count of “Maintaining a Drug-involved Premises.” Hansard admitted to maintain a place at 4335 Jacob Street, Wheeling, West Virginia, to distribute cocaine, cocaine base, and heroin from April 2018 to September 2018 in Ohio County.
Hansard faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Stephen L. Vogrin and Danae DeMasi-Lemon are prosecuting the case on behalf of the government. The investigation was led by the Ohio County Drug & Violent Crimes Task Force, a HIDTA-funded initiative. The task force is comprised of the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department. Those assisting in the arrests are the United States Marshal Service; Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Martins Ferry, Ohio Police Department; and the Columbus, Ohio Police Department.
U.S. Magistrate Judge James P. Mazzone presided.
NDTX Round-Up November 19Read the Press Release
SENTENCING - Michael Webb
On November 14, Michael Webb, 51, was sentenced to life in federal prison for the kidnapping of an 8 year old girl in Fort Worth. Webb took the child from her mother’s arms in May of 2018 and held her captive for hours in a hotel room. To read more about this case, please click here. This case was investigated by the Federal Bureau of Investigation’s North Texas Child Exploitation Task Force, the Fort Worth Police Department’s Major Case Unit Taskforce, Homeland Security Investigations and the Texas Department of Public Safety. The case was prosecuted by US Attorney Erin Nealy Cox and AUSA Aisha Saleem.
SENTENCING - Marco Antonio Duran Gaona
On Novmeber 14, Marco Antonio Duran Gaona, 32, was sentenced to 11 years and 3 months in federal custody for possession with intent to distribute heroin. Duran Gaona was also ordered to forfeit $21,980 that was determined to be proceeds of drug trafficking. Duran Gaona was the passenger in a vehicle that contained approximately 20 kilograms of methamphetamine. Agents subsequently searched Duran Gaona’s residence, and located an additional 40 kilograms of methamphetamine, 30 kilograms of heroin, packing materials and a scale. This case was investigated by the Federal Bureau of Investigation, the Criminal Investigations Division of the Internal Revenue Service, and the Dallas Police Department and was prosecuted by AUSA George Leal.
SENTENCING - Edgard Jose Sanabria-Carballo
On November 14, Edgard Jose Sanabria-Carballo, 30, was sentenced to 3 years and 10 months in federal custody for possession with intent to distribute cocaine. Sanabria-Carballo was observed at the Tornado Bus Station in Dallas, Texas. Officers received permission to search his luggage inside the terminal. During the search officers found approximately 8.038 kilograms of a substance that tested positive for cocaine. Sanabria-Carballo was then arrested. The case was investigated by the Federal Bureau of Investigation and the Dallas Police Department and was prosecuted by AUSA George Leal.
GUILTY PLEA – Kyle Daniel Pearcy
On November 12, Kyle Daniel Pearcy, 26, pled guilty to aiming a laser pointer at an aircraft. Pearcy knowingly aimed a laser pointer at a helicopter operated by the Dallas Police Department after midnight in August 2019. He aimed the laser pointer five times for short bursts totaling 13 seconds, causing crew members to squint their eyes to protect their vision. The case record labeled this case as a “knuckleheaded act of stupidity.” This case was investigated by the Federal Bureau of Investigations and is prosecuted by AUSA John de la Garza.
SENTENCING – Jordan Rotenberry
On November 14, Jordan Rotenberry was sentenced to 4 years and 8 months in federal custody for conspiracy to commit access device fraud. Rotenberry obtained devices such as stolen debit and credit cards with which he purchased goods and services at hotels across the Dallas, TX area. Rotenberry and his coconspirators possessed approximately 695 unauthorized and counterfeit access devices during a 5 month period, which they obtained through chat rooms, the dark web, and Facebook messages. This case was investigated by the United States Secret Service and the Colleyville Police Department and was prosecuted by AUSA Ryan Raybould.
Montgomery Woman Receives 77-Month Sentence for Wire Fraud Scheme Involving Alabama Power BillsRead the Press Release
Montgomery, Alabama – On Monday, November 18, 2019, a Montgomery, Alabama resident, Marie Antoinette Bozeman, 40, received a 77-month sentence following her conviction for orchestrating a wire fraud scheme, announced United States Attorney Louis V. Franklin, Sr. Bozeman’s scheme involved the use of fraudulent debit card numbers to pay utility bills.
According to court records, Bozeman would falsely hold herself out as an Alabama Power employee or a close associate of an employee, and offer to pay the utility bills of individuals in exchange for an amount of cash that was less than they actually owed. Once she received the utility bill information and the money, Bozeman would pay using Alabama Power’s pay-by-telephone bill payment system. The investigation revealed that Bozeman discovered a way to exploit the bill payment system by using random debit card information. Records show that Bozeman attempted to fraudulently pay more than $300,000 in other persons’ utility bills. Alabama Power discovered the fraud before all of the transactions were applied and has taken measures to prevent this type of exploitation in the future.
A hearing is scheduled in January 2020 to determine the amount of restitution Bozeman will be ordered to pay.
The United States Secret Service and the Montgomery Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Jonathan S. Ross.
Montgomery County Man Charged with String of Gunpoint Robberies of Local BusinessesRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Tyson Blount, 35, of Abington, PA was arrested and charged by Indictment with four counts of Hobbs Act Robbery and one count of using a firearm in furtherance of a crime of violence.
The Indictment alleges that the defendant, along with a still un-identified accomplice, robbed four Montgomery County businesses at gunpoint between October 27 and December 20, 2018. The victim businesses included two tobacco shops, a Metro PCS cell phone store, and a Dairy Queen.
“As alleged, Blount’s complete disregard for others’ safety is appalling,” said U.S. Attorney McSwain. “The employees of these stores were simply doing their jobs, while the defendant is accused of terrorizing them so that he could steal the relatively small amounts of cash they had on hand. My Office is committed to punishing and deterring this type of senseless violence.”
If convicted, the defendant faces a maximum possible sentence of life imprisonment.
The case was investigated by the FBI, the Pennsylvania State Police, and the Upper Dublin, Upper Moreland, and Abington Police Departments, and is being prosecuted by Assistant United States Attorney Kelly Harrell.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Mille Lacs Man Sentenced to 77 Months in Prison for Heroin Trafficking ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald today announced the sentencing of TYRONE JAMES NELSON, 39, to 77 months in prison for his role in a heroin distribution conspiracy that targeted the Mille Lakes Indian Reservation and the surrounding communities. NELSON and his seven co-defendants were charged in a 10-count indictment on February 13, 2019. NELSON pleaded guilty on July 19, 2019, and was sentenced today before Judge Eric C. Tostrud in U.S. District Court in St. Paul, Minnesota.
According to his guilty plea and documents filed in court, between December 2017 and May 2018, NELSON obtained heroin from individuals in Minneapolis, Minnesota and then transported it to communities in and surrounding the Mille Lacs Indian Reservation. NELSON, who was the main source and distributor of heroin in the Mille Lacs area, befriended enrolled Mille Lacs members and utilized their homes to operate his business.
This case is the result of an investigation led by the Bureau of Indian Affairs and the Mille Lacs Tribal Police Department.
Assistant U.S. Attorney Deidre Y. Aanstad is prosecuting the case.
Defendant Information:
TYRONE JAMES NELSON, 39
City of residence unknown
Convicted:
- Conspiracy to distribute heroin, 1 count
Sentenced:
- 77 months in prison
- Four years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Marijuana User Sentenced to Nearly Two Years in Federal Prison for Unlawfully Possessing a GunRead the Press Release
An illegal user of controlled substances who unlawfully possessed a handgun was sentenced today to nearly two years in federal prison.
Torey Dunn, age 19, from Waterloo, Iowa, received the prison term after a July 1, 2019, guilty plea to being an unlawful user of controlled substances in possession of a firearm.
Information at sentencing showed that on August 2, 2018, Dunn was a passenger in a car that was stopped shortly after midnight by the Waterloo Police Department. As the car stopped, Dunn and another man got out of the car and ran in separate directions. Officers chased Dunn and caught him. Officers also found a loaded 9mm handgun in the bushes along the path Dunn ran. Dunn told officers he had the gun for protection. Dunn admitted he smoked marijuana and he tested positive for marijuana.
Dunn was sentenced in Cedar Rapids by United States District Court Chief Judge Leonard T. Strand. Dunn was sentenced to 20 months’ imprisonment. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Dunn is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol Tobacco and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2009.
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Man Found Guilty of Mailing Threatening Letters to New Hampshire Residents from PrisonRead the Press Release
CONCORD - Matthew Oliver, 38, formerly of Everett, Massachusetts, was found guilty of two counts of mailing threatening communications, announced United States Attorney Scott W. Murray.
According to court documents and statements made during a jury trial yesterday, Oliver mailed the threatening communications while incarcerated at the Onondaga County Justice Center in Syracuse, New York in 2017. In January of 2017, Oliver mailed a letter to a home in New Hampshire that contained a threat to injure the woman who lived in the home. While still incarcerated at the facility in April of 2017, the defendant mailed another letter to the home that contained a threat to assault the woman’s daughter.
Oliver is scheduled to be sentenced on February 27, 2020.
“The verdicts in this case are supported by evidence of horrible threats of violence the defendant directed to two innocent women,” said U.S. Attorney Murray. “This type of activity must be deterred and I am grateful to the law enforcement agencies who investigated this case for their diligent efforts to bring the defendant to justice. We take threats of violence very seriously and will not hesitate to prosecute those who use threats of violence to frighten citizens of the Granite State.”
"There are healthy, lawful avenues for coping with grudges, bitterness and misplaced blame. Terrorizing an innocent family with unsolicited mail espousing the occult, while threatening unspeakable acts of violent retribution, is not one of them," said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. "Threatening letters, whether mailed from prison or a neighborhood post office, will be met with a coordinated response that will ensure people like Matthew Oliver are held accountable for their hateful words."
The Seabrook New Hampshire Police Department, the Onondaga County Sheriff’s Office, and the Federal Bureau of Investigation investigated the case. Assistant United States Attorney Robert M. Kinsella is prosecuting the case.
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Lexington Laboratory Agrees to Pay $2.1 Million to Resolve Allegations of False Claims for Urine Drug Testing ServicesRead the Press Release
LEXINGTON, Ky. – LabTox, LLC, a clinical laboratory in Lexington, has agreed to pay $2,101,335 to resolve civil allegations that it violated the False Claims Act, a federal law that prohibits submitting false or fraudulent claims to the federal government.
The allegations relate to urine drug testing services LabTox provided to Medicare and Kentucky Medicaid beneficiaries. According to the settlement agreement, from January 2014 to March 2015, LabTox billed Medicare and Kentucky Medicaid for qualitative urine drug screens completed by a high complexity method. The United States alleged that these claims were false because LabTox misrepresented the complexity of its testing method: the method was actually low complexity, not high complexity, as LabTox claimed. By billing the screens as high complexity, LabTox secured higher reimbursements to which it was not entitled.
The United States further alleged that LabTox billed Medicare for specimen validity testing, a quality control process used to analyze a urine specimen to ensure that it has not been diluted or adulterated. Since January 2014, Medicare’s guidance has been explicit that specimen validity testing should not be separately billed to Medicare. The United States alleged that LabTox nonetheless submitted claims to Medicare for specimen validity testing during the period January 2014 to February 2016.
“Millions of Americans count on the medical benefits they receive from the Medicare and Medicaid programs,” said Robert M. Duncan Jr., United States Attorney for the Eastern District of Kentucky. “Ensuring that improper billing practices and payments do not deplete the limited resources available to these health care programs is absolutely critical. We will continue to combat inappropriate billing of claims and endeavor to protect the critical resources of these taxpayer-funded programs. That truly benefits us all.”
In addition to agreeing to pay the $2,101,335 settlement amount, LabTox also entered into an Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General. The Integrity Agreement requires, among other things, that LabTox appoint a Chief Clinical Officer to oversee issues related to clinical decision-making, ensure that requisition forms provide clarity about medical reasonableness and necessity and programmatic payment amounts, and retain an Independent Review Organization to conduct quarterly claims reviews.
“LabTox allegedly sent false and fraudulent bills to Medicare and Kentucky Medicaid. Such actions could drain critically-needed resources from these taxpayer-funded health plans,” said Derrick L. Jackson, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “The OIG’s settlement in the LabTox case is designed to ensure such alleged behavior will not be repeated.”
The matter arose from an affirmative investigation following a tip reported to the U.S. Department of Health and Human Services hotline. The United States encourages anyone with information about potential fraud, abuse, or mismanagement of Medicare or Medicaid funds to contact the hotline at 800-HHS-TIPS (800-447-8477). False Claims Act allegations can also be brought under the qui tam provisions of the Act, which encourage whistleblowers to bring suit on behalf of the United States and share in any financial recovery.
The investigation was conducted by the Kentucky Attorney General’s Office of Medicaid Fraud and Abuse Control, the U.S. Department of Health and Human Services Office of Inspector General, and the U.S. Attorney’s Office for the Eastern District of Kentucky. The United States was represented by Assistant United States Attorney Christine Corndorf.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Leesburg Resident Sentenced to More than 12 ½ Years in Prison for Attempting to Entice a Minor Online to Engage in Illegal Sexual ActivityRead the Press Release
U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida and Chief John Bolduc of the Port St. Lucie Police Department announced that Jonathan Anthony Mahowald, 39, of Leesburg, Florida was sentenced to more than twelve and a half years in federal prison for attempting to entice a minor, online, to engage in illegal sexual activity.
Mahowald was sentenced by U.S. District Court Judge Kenneth A. Marra to a total of 152 months in prison, followed by 30 years supervised release for Attempted Use of a Means of Interstate Commerce to Persuade, Induce, Entice, or Coerce a Minor to Engage in Illegal Sexual Activity (Case No. 18-CR-14072-KAM). Upon his release from prison, Mahowald will also have to register as a sex offender.
According to the court record, on July 6, 2018, a Port St. Lucie Police Department Detective was investigating undercover computer crimes against children. Between July 6, 2018 and July 17, 2018, the detective, posing as a 14-year-old girl, responded to an internet advertisement Mahowald had posted. During the course of text and online communications Mahowald, discussed sexually explicit activity he wished to engage in with the “14-year old.” In addition, Mahowald sent sexually explicit images to the person he believed was a minor. On the morning of July 17, 2019, Mahowald set up a meeting with the “14 year old” to meet at a restaurant in Port. St Lucie. Upon his arrival, Mahowald was arrested by members of the Port St. Lucie Police Department.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the Port St. Lucie Police Department. The case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Laurel Man Sentenced to More Than 22 Years in Federal Prison for Committing Five Armed Robberies of Pharmacies in Howard, Anne Arundel, and Prince George’s CountiesRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Jawanza Kevin Carter, age 22, of Laurel, Maryland, to 272 months in federal prison, followed by five years of supervised release, for robbery involving controlled substances, and for carrying and brandishing of a firearm during and in relation to a crime of violence, in connection with the armed robbery or attempted armed robbery of five pharmacies and the theft of tens of thousands of dollars’ worth of opioids. The sentence was imposed late on November 15, 2019.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Chief Henry P. Stawinski III of the Prince George’s County Police Department; Chief Edward Jackson of the Annapolis Police Department; Anne Arundel County Police Chief Tim Altomare; Chief Marcus Jones of the Montgomery County Police Department; Chief Lisa D. Myers of the Howard County Police Department; and Anne Arundel County State’s Attorney Anne Colt Leitess.
“Criminals who are not deterred from carrying guns by the threat of prison time can be deterred by the reality of years spent in a federal prison far from home,” said U.S. Attorney Robert K. Hur. “Police and prosecutors are working to remove armed criminals from our communities. Jawanza Carter, who is 22 years old, used a gun to rob pharmacies. Carter will now serve the next 22 years in federal prison, where there is no parole—ever. Please, put down the guns. You may save a life, including your own.”
According to Carter’s plea agreement, between May 5 and November 29, 2017, Carter and his co-conspirator Arthur Prince participated in five armed robberies of pharmacies. In each robbery, Carter pointed a gun at the clerk, and Carter and Prince demanded opioid narcotics such as Oxycodone, OxyContin, Percocet, and Codeine. In most of the robberies, Carter and Prince also stole money from the cash register and/or robbed the clerk.
Specifically, Carter admitted that he robbed: the Howard Pharmacy in Columbia, Maryland on May 5, 2017; the Lorven Pharmacy in Laurel on June 19, 2017; the Pasadena Pharmacy in Pasadena, Maryland on August 25, 2017; and the Annapolis Professional Pharmacy in Annapolis, Maryland on November 29, 2017. Carter and Prince also attempted to rob the Pace Wellness Pharmacy in Pasadena on August 25, 2017, but were not able to steal narcotics when the clerk didn’t know where the drugs were located. Instead, Carter and Prince stole $180 from the cash register and robbed the clerk of her purse, which contained $50 in cash and credit cards, among other things.
In each robbery, cell-site records showed that Carter’s phone was in the immediate area of the pharmacy at the time of the robbery, and his DNA was found on a reusable shopping bag left by the robbers at the Howard Pharmacy and on a mask Carter wore during the Annapolis Professional Pharmacy robbery that law enforcement later recovered. In addition, law enforcement recovered Carter’s fingerprints on one of the getaway vehicles used by the robbers, and text messages between Carter and Prince concerning one of the robberies. Photos from Carter’s Snapchat account also appear to reflect large purchases in the days and weeks after some of the robberies, including luxury items from Gucci, a gold watch, and designer tennis shoes.
Prince was arrested after the robbery on November 29, 2017, in Odenton, Maryland, not far from where law enforcement located the stolen narcotics. Carter was arrested at the home of his girlfriend in Laurel. Searches executed at locations associated with Carter recovered three boxes of .40-caliber ammunition, a gun cleaning kit and related items, and an empty handgun carrying case with a clip in it.
After his arrest and while he was detained, Carter attempted to obstruct justice. In recorded jail calls, Carter instructed his girlfriend to get rid of a bag used in connection with one of the robberies, which she did. On December 4, 2017, Carter coached his girlfriend on what to say to law enforcement about two vehicles used in the robberies that were titled and registered to her. Carter told his girlfriend to tell law enforcement that one of the cars is a “family and friends car,” and that she drove the other vehicle.
Co-conspirator Arthur Raymond Prince, age 20, of Laurel Maryland, was previously sentenced to more than 15 years in federal prison for aiding and abetting robbery involving controlled substances, and aiding and abetting the brandishing of a firearm during and in relation to a crime of violence, in connection with the armed robberies of five pharmacies.
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. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Robert K. Hur commended the FBI, the Prince George’s County Police Department, the Annapolis Police Department, the Anne Arundel County Police Department, the Montgomery County Police Department, the Howard County Police Department, and the Anne Arundel County State’s Attorney’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Paul A. Riley and Brandon K. Moore, who prosecuted the case.
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Lady Lake Man Sentenced to 30 Years for Producing Child Pornography of 6-Year-Old GirlRead the Press Release
Ocala, Florida – Senior United States District Judge James D. Whittemore sentenced Brian Alan Jones (37, Lady Lake) today to 30 years in federal prison for production of child pornography. Jones had pleaded guilty on May 23, 2019.
According to court records, Jones produced sexually explicit images of a 6-year-old girl who was under his supervision. He took explicit photographs of the victim on his cellphone and sent them to an undercover officer posing as a pedophile.
Jones also admitted to sending another undercover officer sexually explicit videos depicting young children having sexual intercourse with adult men. Jones’s cellphone was later found to contain more than 100 images of the child victim and over 70 images of other child pornography or child erotica.
“The crimes committed by this child predator are beyond comprehension,” said HSI Orlando Assistant Special Agent in Charge David J. Pezzutti. “HSI special agents, with the Marion County Sheriff’s Office and the Florida Department of Law Enforcement, have ensured this criminal will no longer be able to sexually abuse children and we hope this brings a small measure of closure to his victim.”
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Michael P. Felicetta.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Kokomo members of drug trafficking organization convicted by juryRead the Press Release
Indianapolis – United States Attorney Josh J. Minkler announced today that Michael O’Bannon, 35, Michael Jones, 37, Jason Reed, 50, and Shaun Myers, 37, all from Kokomo, Indiana, were convicted on drug trafficking, firearms charges and money laundering, following a three-week jury trial, in the federal court in Indianapolis, before U.S. District Judge James R. Sweeney II.
Defendant Michael O’Bannon was also convicted of conspiring to commit a murder for hire, as charged in the indictment. The drug trafficking organization believed that the intended victim posed a risk to the organization as a suspected informant.
“Kokomo is a much safer community today following the rendering of a guilty verdict in this jury trial,” said Minkler. “The U.S. Attorney’s Office will continue to dismantle drug trafficking organizations responsible for bringing methamphetamine, fentanyl, and other dangerous drugs into our communities and we will hold those individuals involved accountable.”
Reggie Balentine was the leader of the distribution conspiracy, with Pierre Riley being his source of supply operating from Macon, Georgia, and bringing controlled substances into Kokomo. Balentine worked with Perry Jones and others to distribute controlled substances, while Kristin Kinney stored the controlled substances and helped count the proceeds. Balentine sold the controlled substances to Michael Jones, Jason Reed, Deshoun Everhart, Michael O’Bannon and Derrick Owens for redistribution.
Over 17 pounds of methamphetamine, over two pounds of cocaine, two ounces of heroin, 122 grams of fentanyl, six ounces of marijuana, two money counters, 12 vehicles, $37,000 and 24 firearms were confiscated during the execution of several search warrants, served at 13 difference locations in Kokomo and in the Macon, Georgia area on May 1, 2018.
The following defendants previously pleaded guilty to federal criminal charges and are awaiting sentencing:
Pierre Riley, 51, Macon, Ga.
Reggie Balentine, 42, Kokomo, Ind.
Kristin Kinney, 40, Kokomo, Ind.
Deshoun Everhart, 41, Warsaw, Ind.
Perry Jones, 44, Kokomo, Ind.
Melissa Baird, 40, Kokomo, Ind.
Bradley Clark, 36, Kokomo, IN
Derrick Owens, 38, Terre Haute, Ind.
Thomas Jones, 24, Kokomo, Ind.
Patricia Acord, 60, Kokomo, Ind., pleaded guilty to being a felon in possession of a firearm and was sentenced in a related case on December 13, 2018 to 46 months’ imprisonment followed by two years of supervised release.
Diondre Jones, 26, Indianapolis, Indiana, pleaded guilty to drug trafficking charges and being a felon in possession of a firearm in furtherance of drug trafficking activity. Jones was sentenced by separate proceeding on January 10, 2019 to 117 months’ imprisonment followed by three years of supervised release.
Antwon Abbott, 40, Kokomo, Ind., charged with possession with intent to distribute methamphetamine is set for a November 25, 2019 bench trial.
This case was investigated by the Drug Enforcement Administration, Kokomo Police Department, Internal Revenue Service Criminal Investigation, United States Postal Inspection Service, Howard County Prosecutor’s Office, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Marshal Service, Hendricks County Sheriff’s Department, Vigo County Drug Task Force, Indiana State Police, Indianapolis Metropolitan Police Department, Miami County Prosecutor’s Office, Terre Haute Police Department, Warsaw Police Department, Indiana National Guard Counter Drug, and the Howard County Sheriff’s Department.
“The guilty verdict for members of the Reggie Balentine, drug trafficking organization was justice for the fine citizens of Kokomo,” said DEA Assistant Special Agent in Charge Michael Gannon. “This organization was one of the most violent drug trafficking organizations ever to operate in Kokomo. They used violence, fear and intimidation as a platform to feed their illegal activities. The dismantlement of this organization allows the citizens of Kokomo to sleep better and puts all drug dealers on notice that DEA and their state, local and federal counterparts will utilize all resources available to hold violent offenders accountable. DEA thanks the Kokomo Police Department and the United States Attorney’s Office for their outstanding work.”
“On behalf of the Kokomo Police Department, we would like to thank our partners at the Drug Enforcement Administration, AUSA Michelle Brady, and all of the law enforcement agencies who participated in the investigation of Operation Law and Order,” said Captain Tonda Cockrell of the Kokomo Police Department. “This extensive investigation was invaluable to disrupting the Domestic Drug Trafficking Organization of Reggie Balentine, and his associates, here in Kokomo, Indiana.”
“These guilty verdicts demonstrate IRS Criminal Investigation’s commitment to working with the United States Attorney’s Office and our partner agencies to dismantle drug trafficking organizations”, said Kathy A. Enstrom, IRS-CI Special Agent in Charge, Chicago Field Office. “IRS-CI is proud to contribute our financial expertise to this investigation which has had a direct impact on the safety of the Kokomo community.”
“The successful outcome of this investigation highlights the diligent efforts of Postal Inspectors and their various law enforcement partners as the U.S. Postal Inspection Service continues to pursue traffickers of all narcotics,” said Ed Gallashaw, Acting Inspector in Charge of the U.S. Postal Inspection Service Detroit Division. “The Inspection Service’s goal is to inhibit the spread of illegal substances and protect postal employees and customers from violence related to drug trafficking. The excellent teamwork demonstrated throughout the investigation to identify and dismantle this particular drug trafficking organization has brought us closer to that goal and consequently made Kokomo a safer place to live, work, and play. ”
“The Kokomo community deserves to be able to go about their lives without fear of violence,” said Jonathan McPherson, Special Agent in Charge of ATF’s Columbus Field Division. “ATF will continue to work with our partners at all levels of government to work together to make Kokomo safer for all of us.”
According to Assistant United States Attorneys Michelle P. Brady and Jeremy A. Morris, who prosecuted this case for the government, Michael O’Bannon, Michael Jones, Jason Reed and Shaun Myers all face up to life imprisonment followed by five years’ supervised release.
In October 2017, United States Attorney Josh J. Minkler announced a Strategic Plan designed to shape and strengthen the District’s response to its most significant public safety challenges. This prosecution demonstrates the office’s firm commitment to partner with federal and local law enforcement agencies to prosecute individuals bringing fentanyl, methamphetamine, cocaine and heroin into our communities. See United States Attorney’s Office, Southern District of Indiana Strategic Plan Section 3.3.
KC Man Involved in Fatal Shooting Sentenced for Drug Trafficking, Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man who was involved in a fatal shooting during a drug deal was sentenced in federal court today for drug trafficking and illegally possessing a firearm.
Orval L. Johnson, 26, was sentenced by U.S. Chief District Judge Beth Phillips to 10 in federal prison without parole.
On April 30, 2019, Johnson pleaded guilty to three counts of distributing cocaine, one count of possessing a firearm in furtherance of a drug-trafficking crime, one count of possessing cocaine with the intent to distribute, and one count of being a drug user in possession of a firearm.
Johnson admitted that he sold cocaine to an undercover detective with the Kansas City, Missouri, Police Department on three separate occasions in 2017. During the third drug transaction, Johnson was armed with a loaded Glock .357-caliber pistol with an extended magazine. Johnson told the undercover detective that someone recently tried to rob him and threatened to kill him and his girlfriend. “I had to kill (him),” Johnson said, “I blew half his … face off.” Johnson repeatedly bragged to the undercover detective about the killing that occurred four days earlier.
According to court documents, Johnson was referring to a homicide investigation in the Knob Hill neighborhood of Kansas City, Missouri. Co-defendant Latasha M. Alexander, 27, falsely claimed that a man, identified in court documents as “R.B.,” came to her residence on March 9, 2017, to smoke marijuana and tried to rape her. She told law enforcement officers that R.B. fired a shot at her, then she shot and killed him in self-defense. Investigators believed her lie, according to court documents, until Johnson bragged about the killing to the undercover detective.
Alexander later admitted that she falsely reported the attempted rape in order to conceal Johnson’s drug-trafficking offense. Alexander pleaded guilty to misprision of a felony and was sentenced to eight months in federal prison without parole.
Johnson and Alexander admitted that R.B. came to their apartment to purchase cocaine. He attempted to rob Johnson, and a struggle ensued. Johnson yelled at Alexander to grab the gun; she retrieved a firearm and shot R.B., who then attacked her. Johnson grabbed the gun and shot R.B. several times, killing him. According to court documents, both Johnson and Alexander consistently claimed self-defense, which is not refuted by the physical evidence at the scene.
Johnson was arrested on March 14, 2017. The day after his admission to the undercover detective, the undercover detective contacted Johnson to arrange for the purchase of 3.5 grams of cocaine for $170. Johnson was arrested when he left a nearby residence on his way to conduct the drug transaction. He had a Glock .357-caliber semi-automatic pistol, which had been reported as stolen, in his right front pants pocket and 3.39 grams of cocaine in his left coat pocket.
Johnson admitted to law enforcement officers that he had been making deliveries of cocaine five to 10 times a day, every day since November 2016. Johnson said he had been using about a gram of cocaine a day since November of 2016.
This case was prosecuted by Assistant U.S. Attorney Adam Caine. It was investigated by the FBI, the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joplin Man Sentenced for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Joplin, Missouri, man was sentenced in federal court today for receiving and distributing child pornography.
Kevin Wilson, 55, was sentenced by U.S. District Judge M. Douglas Harpool to 10 years in federal prison without parole. The court also sentenced Wilson to 10 years of supervised release following incarceration.
On May 30, 2019, Wilson pleaded guilty to receiving and distributing child pornography. Wilson uploaded multiple images of child pornography to his Instagram account, which triggered a CyberTipline report to the National Center for Missing and Exploited Children. Law enforcement officers executed a search warrant at Wilson’s residence on April 2, 2018, and seized a computer and compact discs that contained child pornography.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Jefferson County man sentenced for cocaine chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Joroy Nigel Twyman, of Ranson, West Virginia, was sentenced today to 24 months incarceration for distributing cocaine base, U.S. Attorney Bill Powell announced.
Twyman, age 40, pled guilty to one count of “Possess with Intent to Distribute Cocaine Base” in August 2019. Twyman admitted to distributing cocaine base in April 2017 in Jefferson County.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Jamaican Citizen Pleads Guilty in Scheme to Defraud United States CitizensRead the Press Release
Jacksonville, Florida – Darryl Cleon Forbes (26), a Jamaican citizen, has pleaded guilty to conspiracy to commit wire fraud. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, between 2015 and 2017, Forbes participated in a fraudulent sweepstakes scheme, originating in Jamaica, which targeted victims throughout the United States, many of whom were elderly, and falsely informed them that they had won a significant cash prize in a sweepstakes contest. In order to carry out the scheme, Forbes and his co-conspirators called victims and posed as federal law enforcement agents. The conspirators advised the victims that in order to collect their prize, they first had to pay taxes and fees amounting to tens of thousands of dollars. Over the course of this conspiracy, Forbes and others collected between $2.5 and $3.5 million from their victims.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jay Taylor.
Individual Indicted and Arrested for Illegally Producing and Shipping Adulterated and Misbranded Animal Drugs Without A LicenseRead the Press Release
SAN JUAN, Puerto Rico – On November 14, 2019, a federal grand jury in the District of Puerto Rico returned an indictment against Rubén Vázquez-Díaz, charging him with three counts each of introducing misbranded animal drugs; introducing adulterated animal drugs; mail fraud; and wire fraud; and one count of being a drug user in possession of a weapon and ammunition, announced W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. The U.S. Food and Drug Administration’s (FDA), Office of Criminal Investigations is in charge of the investigation.
Defendant Vázquez-Díaz, with intent to defraud and mislead, did introduce or deliver, or caused to be introduced or delivered, into interstate commerce, an animal drug, namely Blue Magic Formula (BMF), that was misbranded and adulterated, in that the animal drug’s labeling was false and misleading in stating that “BMF contains FDA approved ingredients,”and was unsafe. According to the indictment, the defendant sent shipments of the adulterated animal drugs to Mandeville, Louisiana on December 23, 2016; and to Plantation, Florida on July 19, 2017 and October 10, 2019.
Vázquez-Díaz was charged with violations of Title 18, United States Code, Section 1341 (mail fraud) for using the United States Postal Service to ship the Blue Magic Formula and Title 18, United States Code, § 1343 (wire fraud) for receiving payments for the shipments of the Blue Magic Formula. On or about May 8, 2019 the defendant, knowing he was an unlawful user of a controlled substance did knowingly possess a firearm and ammunition, that is, one Beretta Model 84 .380 caliber pistol, two 13-round capacity magazines, and 91 rounds of .380 caliber ammunition, said firearm and ammunition having been shipped and transported in interstate and foreign commerce.
“The law requires that drugs, for people as well as for animals, be produced and branded under the most rigorous of quality standards. When individuals fail to exercise the vigilance that the law demands, they will held be accountable,” said United States Attorney, W. Stephen Muldrow.
“American pet owners rely on FDA oversight to ensure that the drugs their pets receive are safe, effective, and labeled truthfully and accurately,” said Special Agent in Charge Justin D. Green, FDA-Office of Criminal Investigations, Miami Field Office. “Today’s announcement should serve as a reminder of FDA’s commitment to pursuing and bringing to justice those who ignore the law by manufacturing and distributing misbranded and adulterated animal drugs.”
Assistant United States Attorney Scott Anderson is in charge of the prosecution of the case. If convicted the defendant faces a minimum sentence of one (1) year, and up to twenty (20) years in prison. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
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Imperial Gangsters Gang Member Sentenced to 300 Months in PrisonRead the Press Release
HAMMOND-Luis Allen Perez, 29, of East Chicago, Indiana, was sentenced by United States District Court Judge Philip Simon to 300 months in prison and three years of supervised release following his guilty plea to conspiracy to commit racketeering activity as a member of the Imperial Gangsters, providing firearms to a felon, possession with intent to distribute marijuana, and carrying a firearm during and in relation to a drug trafficking crime, announced U.S. Attorney Kirsch.
According to documents in the case, Perez conspired to participate in racketeering activity as a member of the Imperial Gangsters street gang in East Chicago, Indiana. At a contested sentencing hearing, Judge Simon found Perez responsible for the June 17, 2016, East Chicago murder of Manuel Martinez and the attempted murder of another individual in furtherance of racketeering activity in East Chicago. In addition, in February 2016, Perez provided three firearms to a previously convicted felon in Hammond, Indiana. In March 2016, in Hammond, Perez was arrested in possession of marijuana, which he intended to distribute, and another firearm.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the East Chicago Police Department, the Hammond Police Department, and Lake County High Intensity Drug Trafficking Area officers and agents. This case is being prosecuted by Northern District of Indiana Assistant U.S. Attorneys David J. Nozick and Caitlin M. Padula.
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House Painting Company Pleads Guilty to Federal Charges Related to Illegal Removal of Lead PaintRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Tyler C. Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in New England, announced that COLLEGIATE ENTREPRENEURS, INC., a Massachusetts-based house painting company, pleaded guilty today in Hartford federal court to violating the Toxic Substances Control Act and subsequently falsifying records.
According to court documents and statements made in court, Collegiate Entrepreneurs, Inc., LLC, of Braintree, Massachusetts, provides house-painting services in Connecticut and other New England states. Some of the houses painted by Collegiate Entrepreneurs in 2015 contained lead-based paint. For those jobs, the company was subject to the lead-based paint requirements of the Toxic Substances Control Act and the Environmental Protection Agency’s (EPA) Renovation, Repair and Painting (RRP) Rule.
Under the RRP Rule, Collegiate Entrepreneurs was required to ensure that its certified renovators complied with provisions governing training and supervision of painters, post-renovation cleaning, physical presence on-site, and preparation of required records. The company was also responsible for ensuring that all renovation activities were performed in compliance with RRP Rule work practice standards governing occupant protection, containment of the work area, prohibited and restricted practices, waste from renovations, cleanup of the work area, and post-renovation cleaning verification. Collegiate Entrepreneurs knowingly failed to ensure such compliance by its renovators during the 2015 painting season.
On October 13, 2015, in response to a federal grand jury subpoena, an employee of Collegiate Entrepreneurs produced records for 12 painting jobs in Connecticut that involved lead-based paint. Included in the production were records that appeared to have been prepared and signed by certified renovators to document that RRP Rule work practice standards and training requirements had been met at each lead paint job. Records for at least 10 of the 12 jobs were false. The signatures of the certified renovators were forged and the records falsely represented that the jobs were performed in compliance with the RRP Rule.
Collegiate Entrepreneurs pleaded guilty to one count of falsification of records, which carries a maximum penalty of a $500,000 fine and five years of probation, and one count of violating the Toxic Substances Control Act, which carries a maximum penalty of a $200,000 fine and five years of probation.
Sentencing is scheduled for February 5, 2020, before U.S. District Judge Robert N. Chatigny.
As part of the plea agreement, Collegiate Entrepreneurs and the government have agreed that a fine of $50,000 and a term of probation of five years is reasonable in this case.
Collegiate Entrepreneurs also will pay $30,000 in restitution to a victim homeowner in West Hartford, Connecticut, and will pay restitution to any other Connecticut victims with legally sufficient claims related to the improper removal of lead paint from their homes.
Collegiate Entrepreneurs has represented to the government that it is no longer engaged, and will not engage, in projects that involve the remediation of lead paint and are subject to the RRP Rule.
“Collegiate Entrepreneurs purposely violated the requirements of safely removing lead from homes and in doing risked the health of families whose houses were being renovated,” said EPA-CID Special Agent in Charge Amon. “EPA remains focused on holding accountable companies and individuals that cut corners and fail to put public health and safety first.”
This investigation is being conducted by the U.S. Environmental Protection Agency, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
Hollywood Resident Sentenced to 55 Years in Federal Prison for Producing and Possessing Child PornographyRead the Press Release
Colin McLean, 29, of Hollywood, Florida was sentenced today by U.S. District Judge William P. Dimitrouleas to fifty-five years in federal prison for producing child pornography of an infant and 7 year old child, and possessing child pornography.
U.S. Attorney Ariana Fajardo Orshan for the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, and Chief Chris O’Brien of the Hollywood Police Department made the announcement.
McLean previously pled guilty to an indictment which charged him with two counts of production of child pornography and one count of possession of child pornography.
According to court records, in January of 2018 and continuing through January 2019, McLean sexually abused an infant and 7 year old child. McLean recorded the abuse by taking photos and videos, which he saved on his cell phone. In addition to those images and videos, law enforcement recovered images and videos of other child pornography on McLean’s cell phone.
The FBI Miami’s Child Exploitation Task Force investigated this case in partnership with the Hollywood Police Department. This case was prosecuted by Assistant U.S. Attorney Jodi L. Anton.
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.
Hartford Man Sentenced to 69 Months in Prison for Gang-Related Drug TraffickingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that HECTOR SANTIAGO, also known as “Bebo,” 25, of Hartford, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 69 months of imprisonment, followed by four years of supervised release, for distributing heroin, fentanyl and crack cocaine.
According to court documents and statements made in court, this matter stems from an investigation conducted by the FBI’s Northern Connecticut Violent Crimes Task Force and Hartford Police Department’s Vice and Narcotics Division into the trafficking of narcotics and associated violence in Hartford’s South End by members and associates of the Almighty Latin Kings Nation (“Latin Kings”). The investigation, which included court-authorized wiretaps, physical surveillance and controlled purchases of narcotics, revealed that two alleged members of the Latin Kings operated separate drug trafficking organizations that distributed fentanyl, heroin, cocaine and crack cocaine. The organizations used multiple locations to process, package, store and distribute narcotics, and possessed firearms in furtherance of their drug trafficking activities. Santiago, who used an apartment at 876 Broad Street to store narcotics, distributed fentanyl, heroin and crack cocaine in the area of Broad Street and Park Street in Hartford.
The investigation also revealed that Santiago possessed firearms and was involved in acts of violence. On June 10, 2018, City of Hartford surveillance cameras captured Santiago pistol-whipping a victim.
Santiago was arrested on July 6, 2018. At the time of his arrest, a search of an apartment on Marshall Street where Santiago was residing revealed a loaded .40 caliber handgun.
Santiago has been detained since his arrest. On April 18, 2019, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, 40 grams or more of fentanyl and 28 grams or more of cocaine base (“crack”).
This matter is being investigated by the FBI’s Northern Connecticut Violent Crimes Task Force and the Hartford Police Department. The Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. The Hartford Police Department’s Vice and Narcotics Division and Shooting Task Force have provided valuable assistance to the investigation.
The case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Harrison County Man Pleads Guilty to Failure to Register as a Sex OffenderRead the Press Release
Gulfport, Miss. – Darrell Lee Bradshaw, 51, of Harrison County, pled guilty yesterday before Senior U.S. District Judge Louis Guirola, Jr. to failure to register as a sex offender, announced U.S. Attorney Mike Hurst and U.S. Marshal Mark Shepherd.
On November 13, 2015, Bradshaw was released from prison in Oregon as a Tier III Sex Offender who has a lifetime requirement to register as a sex offender. He has acknowledged his continuing requirement to register as a sex offender, and to keep his registration current wherever he resides. Bradshaw moved from Oregon to Mississippi in 2016, and was essentially living as a homeless person in or near Harrison County. He did not notify state officials, as was required of him, when he left the State of Oregon and had not registered as a sex offender in the State of Mississippi. On November 9, 2016, a no bail/limited extradition warrant for Bradshaw's arrest was issued in the State of Oregon, for Parole Violation on his earlier sex abuse conviction.
Bradshaw’s continuing residence in Mississippi was documented by other records including an arrest on unrelated charges by the Ocean Springs Police Department in Jackson County in 2017, and arrests on unrelated charges by the Biloxi Police Department in 2017 and 2018. Following his arrest in October 2018, Bradshaw was incarcerated in the Harrison County Adult Detention Facility, and a Harrison County Sheriff’s Office sex offender registration coordinator, together with the US Marshal’s Service, investigated Bradshaw’s failure to register as a sex offender.
Bradshaw is scheduled to be sentenced by Judge Guirola on February 12, 2020, in Gulfport. He faces a maximum penalty of 10 years in prison and a $250,000.00 fine. Law enforcement records document that Bradshaw also has been known by the following names or name variations: Darrell Lee Sawyer and Albert Duncan Sawyer.
The case was investigated by the U.S. Marshal’s Service, law enforcement officials in the State of Oregon, the Mississippi Department of Public Safety, the Harrison County Sheriff’s Department, and the City of Biloxi Police Department. The case is being prosecuted by Assistant U.S. Attorney Stan Harris.
Hardy County man sentenced to nine years for fentanyl and methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Dennis James Miller, of Moorefield, West Virginia, was sentenced today to 108 months incarceration for his involvement in a fentanyl and methamphetamine distribution operation, U.S. Attorney Bill Powell announced.
Miller, age 50, pled guilty to one count of “Conspiracy to Possess with the Intent to Distribute Fentanyl” in August 2019. Miller admitted to distributing more than 64 grams of fentanyl and more than 69 grams of 100% pure methamphetamine from January to June 2019 in Grant County and elsewhere.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, West Virginia State Police, and the Charles Town Police Department investigated.
Chief U.S. District Judge Gina M. Groh presided.
Grant County man sentenced for methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Jared Judy, of Petersburg, West Virginia, was sentenced today to 48 months incarceration for methamphetamine distribution, U.S. Attorney Bill Powell announced.
Judy, age 30, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine” in August 2019. Judy admitted to distributing more than 69 grams of 100% pure methamphetamine in May 2019 in Berkeley County.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
Assistant U.S. Attorney Timothy D. Helman prosecuted the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, West Virginia State Police, and the Charles Town Police Department investigated.
Chief U.S. District Judge Gina M. Groh presided.
General Manager of Columbus Home Health Care Agency Pleads Guilty to Tax FraudRead the Press Release
A Columbus businessman pleaded guilty today to aiding and assisting in the preparation of a false tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney David M. DeVillers of the Southern District of Ohio.
According to information provided in court, Abdikarim Abdirahman, 57, was the general manager of Diversity Home Health Care (Diversity), a home health care agency operating in Columbus and Springfield, Ohio. After obtaining personal identifying information of several individuals, Abdirahman created and submitted to the Internal Revenue Service (IRS) documentation fraudulently indicating that Diversity had hired and paid those individuals. From 2009 through 2012, Abdirahman provided this false information to Diversity’s tax return preparer, representing that Diversity paid those individuals hundreds of thousands of dollars in compensation and that these payments were deductible to Diversity as business expenses. In addition, Abdirahman caused these sham employees to falsely report on their individual tax returns that they had received income from Diversity, to claim credits, and to request refunds from the IRS. In total, Abdirahman’s conduct caused a tax loss of more than $540,000.
U.S. District Judge Edmund A. Sargus will set sentencing at a later date. Abdirahman faces up to three years in prison and one year of supervised release, as well as monetary penalties and restitution.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney DeVillers thanked special agents of IRS-Criminal Investigation, Housing and Urban Development – Office of Inspector General, and Health and Human Services – Office of Inspector General, who investigated the case, and Trial Attorneys Thomas Voracek and William Guappone of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the Division’s website.
Fort Wayne Man Sentenced to over 12 Years in PrisonRead the Press Release
FORT WAYNE – Shawn Norman, age 60, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his plea of guilty to distribution of 100 grams or more of heroin, a controlled substance, announced U.S. Attorney Kirsch.
Norman was sentenced to 151 months in prison followed by 4 years of supervised release.
According to documents in this case, in November 2013, Norman sold 125 grams of heroin to a confidential informant. Norman was found by the Court to be a career offender, as he had two prior drug trafficking convictions in federal court out of Michigan and Indiana.
The case was investigated by the Federal Bureau of Investigation’s (FBI) Safe Streets and Gang Task Force, whose members include the FBI, the Indiana State Police, the Allen County Sheriff’s Department, and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Anthony Geller.
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Fort Wayne Man Sentenced to 262 Months in PrisonRead the Press Release
FORT WAYNE – Jose Razo, age 46, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his plea of guilty to conspiracy to distribute and possess with intent to distribute more than 5 kilogram of cocaine, 50 grams of methamphetamine and a 1 kilogram of heroin, and distribution of methamphetamine, announced U.S. Attorney Kirsch.
Razo was sentenced to 262 months in prison with no supervision to follow, as he will be deported upon completion of his term of incarceration.
According to documents in this case, from January 2015 through July 2016, Razo was part of a conspiracy to distribute cocaine, methamphetamine and heroin. Razo led this drug trafficking conspiracy which involved co-defendants, Carlos Silva-Ponce, Alan Chiprez-Garcia, Marco Garcia, Samuel Gemple and Patricia Quinones who have already been sentenced.
This case was investigated by the Federal Bureau of Investigation’s (FBI) Safe Streets and Gang Task Force, whose members include the FBI, the Indiana State Police, the Allen County Sheriff’s Department, and the Fort Wayne Police Department, with assistance from the Drug Enforcement Administration, the Internal Revenue Service and the Allen County Drug Task Force. The case was handled by Assistant United States Attorneys Anthony Geller and Stacy Speith.
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Former Warren County Man Sentenced to 14 Years in Prison for Receiving and Possessing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. – A former Warren County, New Jersey, man was sentenced today to 168 months of prison for receiving and possessing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Derrick Baer, 36, formerly of Pohatcong, New Jersey, was convicted April 9, 2019, of one count of receiving child pornography and one count of possessing child pornography following a six-day trial before U.S. District Judge Claire C. Cecchi, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:
In May 2010, in connection with an investigation into a suspicious death at Baer’s residence, law enforcement obtained Baer’s consent to seize computer equipment from the residence. That equipment contained at least 348 images and 33 video files of child sexual abuse.
In addition to the prison term, Judge Cecchi sentenced Baer to lifetime supervised release.
U.S. Attorney Carpenito credited special agents of the FBI’s Child Exploitation Task Force, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; the Pohatcong Township Police Department, under the direction of Chief Scott Robb; the N.J. Regional Computer Forensics Lab; and the Warren County Prosecutor’s Office, under the direction of Prosecutor Richard T. Burke, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney David W. Feder, Chief of the U.S. Attorney’s Office Cyber Crimes Unit in Newark.
Former Premium Point Investments Trader Jeremy Shor Sentenced to 40 Months in Prison Following Conviction at Trial for Securities Mismarking SchemeRead the Press Release
Audrey Strauss, the Attorney for the United States, Acting Under Authority Conferred by 28 U.S.C. § 515, announced that JEREMY SHOR, a former trader at Premium Point Investments L.P. (“PPI”), was sentenced to 40 months in prison in connection with his conviction following a jury trial for engaging in a securities mismarking scheme from 2014 to 2016. The jury convicted SHOR and Anilesh Ahuja, a/k/a “Neil,” the founder, chief executive officer, and chief investment officer of PPI, on securities fraud-related offenses relating to their participation in a scheme to inflate the net asset value (“NAV”) reported to investors for hedge funds managed by PPI by more than $100 million. SHOR was sentenced yesterday by U.S. District Judge Katherine Polk Failla, who presided over the six-week jury trial. Ahuja is scheduled to be sentenced by Judge Failla on November 25, 2019.
Ms. Strauss said: “Jeremy Shor, a former trader at Premium Point Investments L.P., was convicted by a federal jury for inflating the net asset value – a critical metric for investors – of funds under his management by more than $100 million. By doing so, Premium Point was able to charge higher management and performance fees, and hide its true financial health from investors. Had investors known the truth, they likely would have redeemed their investments. Shor’s prison sentence underscores the seriousness of his crimes and the need for honest, accurate reporting by financial institutions to their investors.”
According to the Indictment, evidence presented at trial, and court filings:
Premium Point Investments
In or about 2008, Ahuja co-founded PPI, where he was the chief executive officer and chief investment officer. PPI managed hedge funds focused primarily on structured credit products, including residential mortgage backed securities (“RMBS”). PPI’s flagship mortgage credit fund (the “Hedge Fund”) was launched in or about October 2009. A segregated ERISA fund held the same positions as the Mortgage Credit Fund. In 2013, PPI launched a new fund (the “New Issue Fund”) that purchased and securitized pools of mortgages that were not issued or guaranteed by a government agency. At various relevant times between 2008 and 2016, PPI managed billions in assets. SHOR was employed by PPI as a trader, where he focused on non-agency RMBS – i.e., RMBS securities that were not issued by a government agency.
The Scheme to Mismark Securities
From at least in or about 2014 through at least in or about 2016, Ahuja and SHOR participated in a scheme to defraud PPI’s investors and potential investors in the Hedge Fund and the New Issue Fund by deceptively mismarking each month the value of certain securities held in these funds, and thus fraudulently inflating the NAV of those funds as reported to investors and potential investors.
PPI fraudulently obtained inflated quotes, including from corrupt brokers, and manipulated its valuation process to inflate the purported value of securities held by the funds. The effect of the mismarking scheme was to materially overstate the reported NAV – at times by more than $100 million across the funds managed by PPI. This benefited PPI in at least two ways. First, PPI was able to charge its investors higher management and performance fees. Second, PPI was able to forestall redemptions by investors who would have requested a return of their funds had they known PPI’s true performance and operating health.
The mismarking scheme evolved as a result of demands by Ahuja that PPI maintain its track record of success and keep pace with the performance of peer funds, regardless of market conditions or the actual performance of the funds. To achieve the goal of posting competitive returns, Ahuja, along with another partner, set an inflated “target” return for the Hedge Fund and New Issue Fund at the end of each month, which was at times based in part on the performance of peer funds. The traders at PPI were then tasked with “reverse engineering” marks to meet the “targets.”
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As part of the sentence imposed by Judge Failla, SHOR, 48, of New York, New York, was further sentenced to 3 years of supervised release.
Ms. Strauss praised the work of the Federal Bureau of Investigation, and thanked the Securities and Exchange Commission for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Andrea M. Griswold, Joshua A. Naftalis, and Max Nicholas are in charge of the prosecution.
Former Lake Charles Police Officer Sentenced to 18 Months in Federal Prison for Civil Rights ViolationRead the Press Release
LAKE CHARLES, La. – A former Lake Charles Police Department officer was sentenced today in federal court for using unreasonable excessive force during an arrest, announced David C. Joseph, United States Attorney for the Western District of Louisiana, Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, and FBI’s New Orleans Field Office Special Agent in Charge Bryan A. Vorndran.
Robert Hammac, 44, of Lucedale, Mississippi, was sentenced by U.S. District Judge James D. Cain Jr. to 18 months in federal prison followed by one year of supervised release. Hammac pleaded guilty on August 15, 2019 to one count of deprivation of rights under color of law.
According to court documents, Hammac was involved in a vehicle pursuit on May 8, 2017, for several miles. The car was brought to a stop, and the victim, identified in court documents as G.T., raised his hands in the air in a manner indicating surrender. Other officers then ordered G.T. out of the car and began pulling him out of the car. Hammac ran to the front passenger side door, opened it, grabbed G.T. before he could exit, pulled him back into the car, and repeatedly punched G.T.’s head with a closed fist. The victim was not resisting in any way or posing a threat.
“Law enforcement officers put their lives on the line every day to keep us safe and we at the Department of Justice have their backs,” said U.S. Attorney David C. Joseph. “However, those officers who betray the badge and the public’s trust, as the defendant did here, dishonor their profession and endanger the safety of their fellow officers. We will not tolerate police brutality in the Western District of Louisiana.”
“Officers who deprive individuals of their civil rights will not be tolerated,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department of Justice is committed to upholding and defending the constitutional rights of victims, as shown by today’s sentencing.”
“The judge's decision today reinforces the FBI's commitment that civil rights and color of law violations will not be tolerated,” said Special Agent in Charge Bryan A. Vorndran of the FBI New Orleans Field Office. “Former Lake Charles Officer Robert Hammac abused his position of trust and the authority handed-down to him to protect the members of the public. Law enforcement officers and correctional officers acting under the color of law must ensure a person's civil rights are not violated. The FBI New Orleans Field Office, along the U.S. Attorney’s Office, will continue to uphold the constitution and protect the rights of all persons within U.S. territories.”
The FBI conducted the investigation. Assistant U.S. Attorney Jamilla Bynog of the Western District of Louisiana and Trial Attorney Mary J. Hahn of the Civil Rights Division prosecuted the case.
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Former Lake Charles Police Officer Sentenced to 18 Months in Federal Prison for Civil Rights ViolationRead the Press Release
A former Lake Charles Police Department officer was sentenced today in federal court for using unreasonable excessive force during an arrest.
Robert Hammac, 44, of Lucedale, Mississippi, was sentenced by U.S. District Judge James D. Cain Jr. to 18 months in federal prison followed by one year of supervised release. Hammac pleaded guilty on Aug. 15, 2019 to one count of deprivation of rights under color of law.
“Officers who deprive individuals of their civil rights will not be tolerated,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “The Department of Justice is committed to upholding and defending the constitutional rights of victims, as shown by today’s sentencing.”
“Law enforcement officers put their lives on the line every day to keep us safe and we at the Department of Justice have their backs,” said U.S. Attorney David C. Joseph for the Western District of Louisiana. “However, those officers who betray the badge and the public’s trust, as the defendant did here, dishonor their profession and endanger the safety of their fellow officers. We will not tolerate police brutality in the Western District of Louisiana.”
“The judge's decision today reinforces the FBI's commitment that civil rights and color of law violations will not be tolerated,” said Special Agent in Charge Bryan A. Vorndran of the FBI New Orleans Field Office. “Former Lake Charles Officer Robert Hammac abused his position of trust and the authority handed-down to him to protect the members of the public. Law enforcement officers and correctional officers acting under the color of law must ensure a person's civil rights are not violated. The FBI New Orleans Field Office, along the U.S. Attorney’s Office, will continue to uphold the constitution and protect the rights of all persons within U.S. territories.”
According to court documents, Hammac was involved in a vehicle pursuit on May 8, 2017, for several miles. The car was brought to a stop, and the victim, identified in court documents as G.T., raised his hands in the air in a manner indicating surrender. Other officers then ordered G.T. out of the car and began pulling him out of the car. Hammac ran to the front passenger side door, opened it, grabbed G.T. before he could exit, pulled him back into the car, and repeatedly punched G.T.’s head with a closed fist. The victim was not resisting in any way or posing a threat.
The FBI conducted the investigation. Assistant U.S. Attorney Jamilla Bynog of the Western District of Louisiana and Trial Attorney Mary J. Hahn of the Civil Rights Division prosecuted the case.