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14 November 2019
Alaskan Man Convicted in Transcontinental Machinegun Sales SentencedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - James P. Kennedy, Jr., United States Attorney for the Western District of New York, announced today that Benjamin Handley, 26, of Homer, Alaska, who was convicted of unlawful transportation of machineguns, was sentenced to serve five years in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that the defendant sold 12 fully automatic firearms with obliterated serial numbers to an undercover agent of the U.S. Department of Homeland Security. The machineguns were all shipped from the State of Alaska to the Buffalo area.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; HSI Anchorage; the United States Postal Service Inspection Service, Boston Division, under the direction of Inspector-in-Charge Joseph W. Cronin; and the Alaska Department of Public Safety, Division of Alaska State Troopers. The U.S. Attorney’s Office for the District of Alaska, led by U.S. Attorney Bryan D. Schroeder, also assisted in Handley’s arrest.
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16 Individuals Charged or Arrested as Part of Joint Law Enforcement EffortRead the Press Release
On November 14, 2019, the United States Attorney for the District of Vermont announced a multi-agency, multi-jurisdictional law enforcement effort that focused on drug trafficking in the areas of Newport and Saint Johnsbury, Vermont. During the month-long operation conducted by federal, state, local, and county officers, and federal and state prosecutors, law enforcement arrested or charged 16 individuals, searched 3 residences, and seized approximately 700 bags of fentanyl and heroin, 100 grams of cocaine base, 2 firearms, and $4,000 in drug proceeds.
Those charged in federal court include:
• Jen Thompson, 39, of Newport, Vermont, for maintaining a drug-involved premises and distribution of cocaine base.
• Juliana Graves, 49, of Newport, Vermont, for possession with intent to distribute heroin, fentanyl, and cocaine base.
• Elijah Wheeler-Watson, 23, of Clinton, Massachusetts, for possession with intent to distribute cocaine base and heroin.
• Adis Djozo, 26, of Essex Junction, Vermont, for possession with intent to distribute heroin.
• Alicia Parenteau, 36, of Newport, Vermont, for distribution of cocaine base.
• Chakeshia Watts, 40, of St. Johnsbury, Vermont, for maintaining a drug-involved premises.
• Jerry Watts, 62, of St. Johnsbury, Vermont, for maintaining a drug-involved premises.
• Randy Devoid, 50, of St. Johnsbury, Vermont, for distribution of cocaine base.
• Shaquille Carter, 26, of New York, New York, for possession with intent to distribute cocaine base and heroin.
• Christina Thompson, 42, of Lyndonville, Vermont, for distribution of cocaine base.
• Morgan Cleveland, 39, of Newport, Vermont, for possession with intent to distribute fentanyl.
Those arrested on state warrants and violations include:• Soloman Little, 26, of St. Johnsbury, Vermont, who was arrested and cited for fraud.
• Christopher MacKay, 52, of St. Johnsbury, Vermont, who was arrested on an extraditable warrant for violation of probation in Maine, and multiple failures to appear in Vermont court proceedings.
• Mark Houston, 30, of St. Johnsbury, Vermont, who was arrested twice in the same day for violating the conditions of his release by breaking curfew restrictions.
• Michael Barry, 26, of St. Johnsbury, Vermont, who was arrested for failure to appear in Vermont court proceedings.
• Michelle Churchill, 34, of St. Johnsbury, Vermont, who was arrested for violating conditions of furlough and returned to correctional custody with the Vermont Department of Corrections.Defendant Carter is currently a fugitive. Defendant Cleveland is at large. All other defendants were arrested during the operation.
The charges against the defendants are only allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This operation stemmed from careful planning and collaboration by Vermont law enforcement at all levels. The enforcement surge involved the participation of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Department of Homeland Security - Homeland Security Investigations, the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Marshals Service, the Vermont Drug Task Force, the Vermont State Police, the Saint Johnsbury Police Department, the Newport Police Department, the Lyndonville Police Department, the U.S. Border Patrol, and the U.S. Customs and Border Protection - Air and Marine Operations. Crucial support was provided by the Office of the Caledonia County State’s Attorney and the Office of the Orleans County State’s Attorney. United States Attorney Christina E. Nolan thanked each agency for its teamwork and invaluable contribution to the operation.
United States Attorney Christina E. Nolan added: “Today, as we did earlier this year in Brattleboro, we announce the results of a team effort by law enforcement to combat drug trafficking in one of the hardest hit areas of the state. The Northeast Kingdom is suffering greatly under the weight of the drug crisis, and we deployed a sustained surge of enforcement resources to bring consequences to those selling deadly drugs in the area. The messages are simple. Out-of-state dealers should not come to Vermont; if they do, they will face serious consequences, no matter where in the state they do business. Those addicted Vermonters involved in the drug trade will also be held accountable. Today, we urge those Vermonters to turn in their dealers and seek treatment. We want them to have their lives back.”
“Far too many people across Vermont have first-hand knowledge of family members or friends whose lives have been destroyed or lost due to opioids,” said Jason J. Molina, Acting Special Agent in Charge, Homeland Security Investigations. “HSI and our law enforcement partners will continue to be relentless in pursuing the organizations that are distributing opioids and other dangerous drugs into our communities.”
“The Caledonia County State’s Attorney’s Office is very fortunate to be able to work cooperatively with the U.S. Attorney’s Office in addressing the drug trade in our community. We would like to thank Chief Tim Page of the St. Johnsbury Police Department for his persistence in helping make this surge happen as well as the other dedicated law enforcement offices that assisted. We truly appreciate your service to our community,” stated Interim Caledonia County State’s Attorney Jessica Zaleski.
“Opioid abuse is at epidemic levels in Vermont,” said DEA Special Agent in Charge Brian D. Boyle. “Let these arrests serve as an example to those who distribute poisons like fentanyl and heroin to the citizens of St. Johnsbury, that DEA will aggressively pursue and hold you accountable. This investigation demonstrates the strength of collaborative law enforcement efforts in Vermont and our strong partnership with the U.S. Attorney’s Office.”
“The opioid epidemic continues to ravage Orleans County at an alarming rate,” stated Orleans County State’s Attorney Jennifer Barrett. “This county has been fractured by the opioid epidemic. The number of families torn apart and who have lost loved ones is a monumental tragedy. The Office of the Orleans County State’s Attorney commends the hard work of local and federal law enforcement agencies in their dedicated investigations. The Office of the Orleans County State’s Attorney continues to be committed to the aggressive prosecution of the drug dealers within our community.”
“The Vermont State Police and the Vermont Drug Task Force recognize the importance of combining federal, state and local law enforcement agencies into a concentrated team effort to combat drug trafficking in Vermont,” said Major Dan Trudeau. “Utilizing best police practices in response to violent crime, the opiate crisis, and drug trafficking will result in safer Vermont communities.”
“The success of this initiative is a testament to the hard work and dedication of all the law enforcement professionals in the region working in a truly collaborative fashion,” said Kelly D. Brady, Special Agent in Charge of ATF’s Boston Field Division. “We could not ask for a better group of professionals to work with toward the shared goal of reducing violent crime in the City of St. Johnsbury and throughout Vermont.”
“These arrests send a clear message that drug traffickers have no place in our community,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI). “Thanks to the incredible collaboration between our federal, state, and local partners, 700 bags of heroin and 100 grams of crack were taken off the streets. The FBI, along with our law enforcement partners, remains focused on stopping the movement and sale of drugs on our streets and ensuring that our neighborhoods are safe.”
St. Johnsbury Police Chief Tim Page added, “The St. Johnsbury Police Department would like to thank the U.S. Attorney’s Office, DEA, Homeland Security, FBI, U.S. Marshals and the Vermont State Police for their efforts in the recent actions against those suspected of drug activity in St. Johnsbury. A cooperative and sustained initiative sends a strong message that such activity will not be condoned or tolerated. Members of the St. Johnsbury Police Department remain committed to holding those responsible accountable.”
“As made evident by the successes of past and present joint law enforcement operations, the focus and commitment of our public safety community is remarkable,” stated U.S. Marshal Bradley J. LaRose. “The relentless pursuit of those who act to threaten the well-being of our citizenry will undoubtedly continue. The Marshals Service is committed to contributing the resources necessary to support the zealous collaborative efforts of those who pursue justice as we move forward.”
The Assistant U.S. Attorneys handling the operation and subsequent prosecutions are AUSAs Nicole Cate, William Darrow, Michael Drescher, Andrew Gilman, Nikolas Kerest, Jonathan Ophardt, Joseph Perella, and Gregory Waples. Defendant Jen Thompson is represented by Assistant Federal Public Defender David McColgin, Esq. Defendant Graves is represented by Devin McLaughlin, Esq. Defendant Wheeler-Watson is represented by Karen Shingler, Esq. Defendant Djozo is represented by Paul Volk, Esq. Defendant Parenteau is represented by Richard Bothfeld, Esq. Chakeshia Watts is represented by the Office of the Federal Public Defender. Defendant Jerry Watts is represented by Robert Katims, Esq. Defendant Randell Devoid is represented by the Office of the Federal Public Defender. Defendant Christina Thompson is represented by Edward Kenney, Esq. Defendants Shaquille Carter and Morgan Cleveland have not yet appeared in court.
On Monday, November 18th members of local, state, county and federal law enforcement in partnership with treatment and recovery providers, the Caledonia and Orleans State’s Attorneys and the United States Attorney will hold a forum to discuss the drug and opiate challenges facing Northeastern Vermont. This forum will include a panel presentation and an opportunity for the public to ask questions of the panel. The public is invited to this event which will begin at 6:30 p.m. at the St. Johnsbury Middle School in St. Johnsbury, Vermont.
The public is encouraged to report criminal activity in their community by using the following link https://vsp.vermont.gov/tipsubmit. Individuals can choose to remain anonymous when submitting a tip.
13 November 2019
Westwego Man Pleads Guilty to Mail FraudRead the Press Release
NEW ORLEANS, LOUISIANA – KHANH BUI, age 43, a resident of Westwego, Louisiana, pled guilty to mail fraud, announced U.S. Attorney Peter G. Strasser. BUI will be sentenced on February 19, 2020 by the Honorable Susie Morgan.
According to court documents, BUI fraudulently obtained credit cards and false California driver’s licenses in order to obtain money and property from home improvement stores.
BUI faces 20 years of imprisonment, a $250,000 fine, and 3 years of supervised release.
U.S. Attorney Strasser praised the work of the United States Postal Inspection Service in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Supervisor of the General Crimes Unit.
Washington County Businessman Sentenced to Prison for Conspiring to Defraud the IRS and Filing a False Declaration in a Bankruptcy ProceedingRead the Press Release
PITTSBURGH – A resident of Washington County, Pennsylvania, was sentenced in federal court for conspiracy to defraud the Internal Revenue Service and filing a false bankruptcy declaration, United States Attorney Scott W. Brady announced today.
United States District Judge Arthur J. Schwab sentenced George Retos, Jr., 71, of Washington County, Pennsylvania, to serve one year and one day in prison, followed by two years of supervised release.
In connection with his earlier guilty plea on November 16, 2018, Retos admitted that he orchestrated a conspiracy to defraud the Internal Revenue Service (IRS) by failing to pay over to the IRS payroll and employer taxes of Prime Plastics, Inc. and Plastic Power, Inc., two companies controlled by Retos. Specifically, to avoid ongoing collection efforts by the IRS related to unpaid taxes of Prime Plastics, Inc., Retos and his co-conspirator arranged for employees of Prime Plastics, Inc. to be transferred to Plastic Power, Inc., which, in turn, also failed to pay employer and payroll taxes to the IRS. The unpaid employer and payroll taxes totaled more than $250,000.
Retos also admitted that he caused the nominal president of Prime Plastics, Inc.—a personal associate who had no involvement or knowledge of the business’s day-to-day operations or finances—to file for bankruptcy on behalf of the entity. In related court filings, Retos caused the submission of a false declaration stating that there had been no withdrawals from the entity outside the normal course of business during the preceding two years. In fact, Retos was responsible for numerous such expenditures, including thousands of dollars belonging to Prime Plastics, Inc. that Retos spent at casinos in Las Vegas, Nevada, and elsewhere.
In addition, as part of his guilty plea, Retos accepted responsibility for a charge of wire fraud in connection with a separate scheme he concocted to fraudulently obtain unemployment compensation from the Commonwealth of Pennsylvania for employees of Prime Plastics, Inc. and, later, employees of Plastic Power, Inc. As part of the scheme, Retos reduced the salaries of numerous employees and instructed them to seek unemployment from the Commonwealth of Pennsylvania to make up the difference, knowing full well that the employees were ineligible for such unemployment compensation. During the execution of the scheme, Retos continued to siphon company funds for his personal benefit.
Assistant United States Attorneys Mary McKeen Houghton and Eric G. Olshan prosecuted this case on behalf of the government.
The Federal Bureau of Investigation; the Department of Labor, Office of Inspector General; and the Internal Revenue Service, Criminal Investigation, conducted the investigation that led to the successful prosecution of Retos.
Wanblee Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Wanblee, South Dakota, man convicted of Assault on a Federal Officer was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Wakinya Zi Janis, age 37, was sentenced on October 28, 2019, to 2 years in a federal prison, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Janis charging an Oglala Sioux Tribe Department of Public Safety officer, after the officer responded to a call at Sharps Housing near Porcupine, South Dakota. Janis then picked up a hatchet from the front yard and made slashing movements with it towards officers. An officer used a Taser to subdue and apprehend Janis.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Cassandra DeCoste prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
United States Attorney McSwain Announces Progress in Making Communities Safer through Project Safe NeighborhoodsRead the Press Release
PHILADELPHIA – Two years ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the Department’s violent crime reduction strategy. 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.
Throughout the past two years, the Department has partnered with all levels of law enforcement, local organizations, and members of the community to reduce violent crime and make neighborhoods safer for everyone. According to the FBI’s 2018 Crime in the United States Report released last month, the national violent crime rate decreased for the second consecutive year, down 3.9 percent from the 2017 numbers.
“The revitalized Project Safe Neighborhoods program is a major success,” said Attorney General William P. Barr. “It packs a powerful punch by combining advanced data with local leadership, further reducing violence in communities across the country and improving overall public safety. U.S. Attorneys continue to focus their enforcement efforts against the most violent criminals and work in partnership with federal, state, local, and tribal police. The Justice Department’s relationships across the board have never been stronger.”
“Project Safe Neighborhoods is a proven program with demonstrated results, and since the re-launch two years ago, we can see the benefits of the program in real time right here in the Eastern District of Pennsylvania,” said United States Attorney William M. McSwain. “We know that the most effective strategy to reduce violent crime is based on sound policing policies and law enforcement partnerships at every level, which is why I am committed to building those partnerships, standing up for the victims of violent crime, and enforcing the rule of law.”
“The Philadelphia Police Department recognizes that a successful violent crime prevention strategy must be comprehensive, evidence based, measurable, and include partnerships among law enforcement agencies and other stakeholders,” said Acting Police Commissioner Christine M. Coulter. “The Project Safe Neighborhoods (PSN) program captures each of these necessary ingredients for success. We are fortunate to have been part of the re-launch in 2017, and join our partners in celebrating the program's two year anniversary, and the collective progress we have made.”
As the Department and the U.S. Attorney’s Office for the Eastern District of Pennsylvania (USAO-EDPA) celebrates the two-year anniversary of the revitalized PSN program, below are some of the highlights of the district’s PSN actions over the past year.
Enforcement Actions
In the last year, USAO-EDPA has partnered with local law enforcement to ensure federal efforts are focused against the most violent offenders. The following are some excellent examples:
• In November 2018, a federal jury convicted Lukeen Gerald, of Philadelphia, Pennsylvania, after a trial for his involvement in seven armed robberies of convenience stores throughout the city. During the robberies, he shoved firearms in the faces of many victim store employees. In one instance, he fired the gun into the ceiling of a Dunkin Donuts; the gun was so close to the victim’s head that the sound caused the victim’s eardrum to rupture. Gerald faces a mandatory minimum of 157 years for the firearms charges alone, and additional time for the Hobbs Act robbery convictions.
• In May 2019, a federal jury convicted Kevin Archie of one count of being a convicted felon in possession of a firearm. Archie was arrested while illegally in possession of a weapon while on a street corner in the Kensington neighborhood of Philadelphia. Philadelphia Police officers arrested Archie after responding to an alarming call of a man with a gun. Archie, an armed career criminal, faces a mandatory minimum of 15 years in prison.
• Together with ATF, USAO-EDPA brought firearms dealer Kenney Cherry, of Philadelphia, to justice. In August 2019, a federal jury convicted Cherry of dealing in firearms without a license, multiple counts of felon in possession of a firearm, and other related firearms offenses. The defendant sold 24 firearms and two “machine gun” conversion devices in a short span. Cherry remains incarcerated awaiting sentencing.
• After a Philadelphia Police Inspector, who was driving home, heard multiple gunshots and witnessed two men in broad daylight pointing firearms, USAO-EDPA charged the case federally and successfully prosecuted Salim Davis. In September 2019, the office partnered with Philadelphia Police and ATF to ensure a federal jury found Davis guilty of all crimes related to his carrying a loaded Smith & Wesson .40 caliber semi-automatic handgun and an unlabeled prescription pill bottle containing 72 Alprazolam pills he had to sell. Davis remains incarcerated awaiting sentencing.
Community Partnerships
• The PSN Call-In Program consists of regular, face-to-face call-ins of individuals who were recently released from state custody to warn them of the consequences of committing any further crimes. The Call-In program is a partnership with local, state, and federal law enforcement, as well as community members and service providers. Working closely with the Pennsylvania Board of Probation and Parole, the program ensures connections to critical assistance and support to the released individuals. Since 2013, USAO-EDPA has hosted 17 Call-Ins with over 300 state parolees.
• Launched in October of last year, Relapse Prevention Court (RPC) maximizes opportunities for long-term recovery from substance use and facilitates successful completion of participants’ terms of supervised release. RPC held its first graduation in October to celebrate its participants’ successful completion of the program.
• USAO-EDPA is an active participant in state-wide Reentry Coalitions comprised of representatives from government, law enforcement, non-profit organizations, and community groups. The Coalitions work on various projects to coordinate resources, create partnerships and improve delivery of reentry services in the counties of the Eastern District of Pennsylvania.
Aggressive Response Throughout EDPA and in Philadelphia in Particular
• Even though FBI data shows that violent crime has decreased in the United States from 2017 to 2018, Philadelphia has seen a disturbing uptick in the most serious types of violent crime, such of homicides and shootings.
• To attempt to address (and contain) this growing issue in Philadelphia, USAO-EDPA has aggressively increased its focus on PSN cases and violent crime prosecutions in general over the past two years.
• For example, in FY2019 (October 2018-September 2019), USAO-EDPA brought charges against 195 defendants in PSN cases, compared to 80 in FY2018 - an almost 144% increase in one year. Much of this increase has been driven by the situation on the ground in Philadelphia.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
U.S. Attorney’s Office Reaches Agreement with William Beaumont Hospital to Resolve ADA Investigation Regarding Effective CommunicationRead the Press Release
DETROIT – The U.S. Attorney’s Office for the Eastern District of Michigan has reached an agreement with William Beaumont Hospital, a component of Beaumont Health -- the largest health care system in Michigan, to resolve allegations that it violated the Americans with Disabilities Act when it failed to provide effective communication for individuals who are deaf or hard of hearing, U.S. Attorney Matthew Schneider announced today.
The agreement resolves complaints filed with the U.S. Attorney’s Office that alleged that William Beaumont Hospital failed to provide sign language interpreters to deaf patients despite their repeated requests to obtain an interpreter for complex medical appointments and procedures. Because of the hospital’s failure to provide sign language interpreter services, deaf individuals were denied the benefit of effective communication with hospital staff, the opportunity to effectively participate in medical treatment decisions, and the full benefit of health care services provided by the hospital.
The investigation, which was conducted by the U.S. Attorney’s Office Civil Rights Unit, revealed that Beaumont’s systems were not adequate to ensure that deaf and hard of hearing patients are provided with auxiliary aids and services to guarantee effective communication throughout their medical treatment. Beaumont worked cooperatively with the U.S. Attorney’s Office throughout the investigation.
“The ADA protects the right of individuals who are deaf or hard of hearing to be able to access medical services, and this agreement is the latest example of our office’s unwavering commitment to enforcing the ADA,” said Matthew Schneider, United States Attorney for the Eastern District of Michigan. “This settlement enables Beaumont and the federal government to achieve their common goal to ensure that deaf and hard of hearing patients can communicate with their doctors and obtain equal access to medical treatment, especially at critical moments in their care.”
The settlement agreement requires Beaumont, for each of its three hospitals and 31 affiliated health care facilities, to provide training to hospital staff on the requirements of the ADA; to adopt specific policies and procedures to ensure that auxiliary aids and services, including sign language interpreters, are promptly provided to patients or companions who are deaf or hard of hearing; and to designate specific Beaumont ADA personnel to ensure access to appropriate auxiliary aids and services.
The ADA prohibits discrimination against individuals with disabilities by hospitals. Among other things, the ADA requires doctors, hospitals and other health care providers to provide equal access to patients and companions who are deaf or hard of hearing. When medical services involve important, lengthy or complex oral communications with patients or companions, hospitals are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities. The appropriate auxiliary aid to be provided depends on a variety of factors, including the nature, length and importance of the communication; the context of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid.
Enforcing the ADA is a top priority of the Civil Rights Unit of the U.S. Attorney’s Office for the Eastern District of Michigan. Those interested in finding out more about this settlement or the obligations of hospitals and other health providers under the ADA may call the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383(TDD), or access the ADA website at www.ada.gov. ADA complaints within the Eastern District of Michigan can be made to the U.S. Attorney’s Office Civil Rights Hotline at (313) 226-9151 or [email protected].
U.S. Attorney’s Office Reaches Agreement with Nationwide Daycare Provider to Ensure Equal Rights for Children with DisabilitiesRead the Press Release
NEWARK, N.J. – The United States has entered into an agreement with a national daycare provider to resolve an Americans with Disabilities Act (ADA) lawsuit filed by the government, U.S. Attorney Craig Carpenito announced today.
The government alleged that Spring Education Inc. (SEI), formerly known as Nobel Learning Communities Inc., discriminated against a 3-year-old girl (M.M.) and her parents in violation of the ADA by refusing to make reasonable modifications to its toileting policy and then expelling the child on the basis of her disability. The girl had toileting delays resulting from her disability.
“Equal opportunity is the core American value that is protected by the ADA and advanced by today’s agreement,” U.S. Attorney Carpenito said. “With this agreement, we ensure that children with disabilities attending SEI’s daycare facilities in New Jersey and across the United States receive the protection to which they are entitled under the law. We are proud to continue our vigorous enforcement of the ADA in New Jersey and will continue to root out discrimination to the fullest extent of the law.”
The U.S. Attorney’s Office launched an investigation after receiving a complaint from the parents of M.M. – who was diagnosed with Down syndrome – that SEI’s facility in Moorestown, New Jersey, set an arbitrary deadline for the child to become toilet-trained. According to the complaint, SEI then expelled M.M., with only five days’ notice, when she failed to meet that deadline, despite M.M.’s parents providing medical documentation explaining that toileting delays are common in children with Down syndrome. To justify expelling M.M., SEI pointed to its “corporate policy” on toileting, which SEI said required 3-year-olds in certain classrooms to be fully toilet trained.
After conducting the investigation, the United States filed a complaint in federal district court against SEI, alleging that the company violated the ADA by discriminating against both M.M. and her parents when it refused to modify its standard toileting policy and then expelling the child on the basis of her disability.
In 2009, the U.S. Department of Justice brought an action against SEI in Pennsylvania (when it was still operating as Nobel Learning Communities), alleging that the company had a pattern or practice of discriminating against children with disabilities. The parties settled that lawsuit in 2011.
The ADA prohibits discrimination on the basis of disability in child care centers, which must make reasonable modifications to their policies, practices, or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services. Reasonable modifications in a child care setting can include personal services, such as diapering or toileting assistance for children who need it due to a disability, regardless of age, when such personal services are provided to other children.
Under the terms of the agreement, SEI is required to adopt a policy consistent with the ADA that requires it to provide reasonable modifications for children with disabilities that impact their ability to be toilet-trained. That policy change will protect children attending SEI’s seven facilities in New Jersey and more than 150 schools in 16 other states and Washington, D.C. SEI must also comply with rigorous reporting requirements, inform current and prospective families about the policy change, and train current and future employees on the policy. SEI must also pay a civil penalty of $30,000 to the United States and $18,000 as damages to M.M.
Individuals who believe they may have been victims of discrimination may file a complaint with the U.S. Attorney’s Office at: Civil Rights Enforcement or call the U.S. Attorney’s Office’s Civil Rights Complaint Hotline at (855) 281-3339.
Additional information about the ADA can be found at ADA.gov or by calling the Department of Justice’s toll-free information line at 800-514-0301 and 800-514-0383.
The government is represented by Assistant U.S. Attorneys Jordan M. Anger, Ben Kuruvilla, and David V. Simunovich of the U.S. Attorney’s Office Civil Division; Special Assistant U.S. Attorney Victor Williamson of the U.S. Attorney’s Office’s Civil Rights Unit; and Trial Attorney Charlotte Lanvers of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section.
U.S. Attorney: Kansas Joins Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
KANSAS CITY, KAN. – Kansas will join a nationwide drive to keep guns out of the hands of domestic violence offenders, convicted felons and people with serious mental problems, U.S. Attorney Stephen McAllister said today.
The plan, called Project Guardian, puts new emphasis on using the federal background check system for gun purchases to identify straw purchasers, individuals convicted of felonies or misdemeanor crimes of domestic violence and individuals who are subject to protective orders. The U.S. Attorney’s office and the Bureau of Alcohol, Tobacco, Firearms and Explosives will work together on the project.
“Gun crime has been a particular focus in the District of Kansas,” McAllister said. “We have emphasized gun investigations and prosecutions as part of our Project Safe Neighborhoods efforts in Wichita, and the Department of Justice has strongly supported the development of the new Gun Crime Intelligence Center in Wichita to further enhance and support such efforts. The priorities of Project Guardian will complement and strengthen our ongoing efforts.”
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, the Department of Justice is redoubling its commitment to tackling this issue through the launch of Project Guardian,” Attorney General William P. Barr said today when he announced the initiative. “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.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- 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.
- 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.
- 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.
- 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 better assure 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.
- 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.
Federal law enforcement represents only about 15 percent of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
- 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.
U.S. Attorney J. Douglas Overbey Announces Guilty Pleas in Large Government FraudRead the Press Release
CHATTANOOGA, Tenn. – United States Attorney J. Douglas Overbey announced today that Rahim and Karim Sadruddin were entering guilty pleas to two counts of wire fraud and one count of money laundering in connection with an information filed in the U.S. District Court for the Eastern District of Tennessee. The Sadruddins were charged as part of a scheme greater than $30 million to defraud FEMA, TVA, and the State of Tennessee related to the procurement of tarps for hurricane victims in Puerto Rico and the fraudulent acquisition of state and federal grant funds for the purpose of establishing a textile manufacturing plant in Pikeville. The defendants entered their guilty pleas in front of United States Magistrate Judge Christopher H. Steger in the United States Court in Chattanooga.
Upon conviction, the Sadruddins each face the following punishments: 1) Counts One and Two (Wire Fraud) – Since the offense involved a presidentially declared major disaster and emergency, imprisonment for up to 30 years; a fine of up to $1 million; and any lawful restitution. 2) Count Three (Money Laundering) – Imprisonment up to 10 years; a fine up to $250,000 or twice the amount of criminally derived property; and any lawful restitution. As part of their guilty pleas and plea agreements with the United States, the defendants will forfeit numerous items including houses, vehicles, bank accounts, and other personal property that were obtained through the proceeds of the fraud whole.
The United States Attorney’s Office for the Eastern District of Tennessee partnered with numerous other federal, state, and local law enforcement and administrative agencies to conduct the investigation in this case. The agencies involved included the Department of Homeland Security Office of Inspector General (DHS OIG), Federal Bureau of Investigation (FBI), Tennessee Valley Authority Office of Inspector General (TVA OIG), Tennessee Bureau of Investigation (TBI), Tennessee State Comptroller’s Office, and the 12th Judicial District Attorney’s Office.
From April 2017 through January 2019, the Sadruddins devised and participated in a scheme first to defraud the state of Tennessee and Tennessee Valley Authority by providing false information to win a bid for over $3 million worth of grants to build a textile manufacturing plant and provide jobs to the citizens of Bledsoe County, in Pikeville. Once they began wrongfully receive those funds from the State of Tennessee as part of the grant, they used that money to begin buying tarps to satisfy a separate $30 million contract with the Federal Emergency Management Agency (FEMA), in which they pledged to provide tarps to citizens in Puerto Rico following the devastating hurricanes in that region – Hurricane Maria and Hurricane Irma. As part of the contract, the defendants pledged to obtain tarps from Trade Agreements Act (TAA)-compliant countries and to provide tarps that met FEMA specifications. Instead, the defendants used the funds fraudulently obtained from the State of Tennessee and TVA to purchase tarps from China – a non-TAA-compliant country – that did not meet the contract specifications. The defendant’s falsified records suggesting they had legally procured the tarps and that the tarps met the agreed-upon specifications. Subsequent inspection of the tarps and documentation the defendants provided revealed the existence of the fraud and non-compliance with the specifications of the contract to help the victims of the hurricanes.
On October 22, 2019, a 3-count Information, which included the aforementioned charges, was filed with the United States District Court for the Eastern District of Tennessee in Chattanooga.
United States Attorney J. Douglas Overbey praised the hard work of the Assistant U.S. Attorneys and the collaboration which resulted from the cooperative efforts of several federal and state agencies. “The diligent and tireless efforts of Assistant U.S. Attorneys Steven Neff and Gretchen Mohr were critical to ensure our office’s commitment of cooperation and support for our federal, state, and local law enforcement partners remains strong. The Department of Justice and the U. S. Attorney’s Office for the Eastern District of Tennessee are dedicated to protecting all of our citizens from those who seek to victimize them in their most vulnerable moments,” said U.S. Attorney Overbey.
“The Department of Homeland Security (DHS), Office of Inspector General (OIG) in partnership with the Department of Justice is committed to identifying and investigating fraud schemes and corrupt activities that pose significant risk and major financial impact to DHS and its components, including FEMA. This fraud scheme siphoned millions of federal and state tax dollars while preventing disaster victims from receiving quality materials to protect their homes,” said James E. Long, Special Agent in Charge, Major Frauds and Corruption Unit, DHS OIG. “Fraud perpetrated against FEMA is detrimental to our nation’s infrastructure and safety, especially from programs that support local communities and disaster victims.”
"We appreciate the partnership between the multiple state and federal agencies who made this investigation possible. We believe this case will lead to more oversight and accountability of public funds. Taxpayers expect nothing less," said Tennessee Comptroller Justin P. Wilson.
Jill Matthews, Deputy Inspector General of the Tennessee Valley Authority’s (TVA) Office of the Inspector General (OIG), added, “A critical mission of TVA is to help give the people of the Tennessee Valley a better opportunity to prosper by bringing investment and good jobs to the region. The TVA OIG would like to thank the United States Attorney’s Office, specifically Assistant U.S. Attorney Steve Neff, Tennessee Comptroller’s Office, Tennessee Bureau of Investigation, Federal Bureau of Investigation, and Department of Homeland Security OIG for working hand in hand with our office to investigate this fraudulent activity affecting a TVA program designed to promote investment in the Valley. With the cooperation of these federal and state law enforcement agencies and the assistance of TVA Economic Development, we were able to successfully gather the evidence needed to bring this case to a successful conclusion. We are pleased that justice has been served against those individuals that defrauded TVA and the people of the Tennessee Valley.”
“This investigation clearly demonstrates law enforcement's dedication to investigating major financial crimes. As evidenced by this case, the FBI’s commitment is to not only hold law breakers accountable for their actions, but also to utilize the Federal forfeiture laws to strip law breakers of the fruits of their crimes, with the goal of recovering assets to repay their victims. With our law enforcement partners, the FBI will continue to allocate expert resources to investigate and prosecute all those who are intent in defrauding the American public," said FBI’s Special Agent in Charge Joe Carrico.
Steven S. Neff and Gretchen Mohr, Assistant United States Attorneys, represent the United States.
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U.S. Attorney David J. Freed Announces Launch of Project Guardian – A Nationwide Strategic Plan to Reduce Gun ViolenceRead the Press Release
Initiative emphasizes enforcing gun prohibitions based on domestic violence convictions and mental health denials
U.S. Attorney David J. Freed announces that today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Specifically, Project Guardian focuses on investigating, prosecuting, and preventing gun crimes.
Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, 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.”
“In announcing Project Guardian, Attorney General Barr has given voice to what we see on the streets,” said U.S. Attorney Freed. “Firearms, most often illegally obtained and possessed, are the indispensable tool of the violent criminal. Throughout the Middle District of Pennsylvania, and in particular in our Project Safe Neighborhoods’ (PSN) sites of Harrisburg, Wilkes-Barre/Hazleton, Williamsport and York, we are singularly focused on reducing violent crime. This very clearly means aggressively investigating and prosecuting gun crimes. Together with our state and local partners, we are sending one clear message: Any criminal who uses a firearm in commission of his crime is in very real danger of federal prosecution, and federal prison.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
- 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.
- 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.
- 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.
- 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 better assure 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.
- 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. Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local, and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level.
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Thibodaux Man Sentenced for New Orleans Hancock Bank RobberyRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that earlier today TROYNELL COOKS (“COOKS”), age 40, of Thibodaux, was sentenced to 77 months imprisonment by United States District Court Judge Sarah S. Vance for committing a bank robbery. Additionally, COOKS was ordered to serve (3) years of supervised release and pay a $100.00 special assessment fee.
According to court documents, on October 29, 2018, COOKS entered the Hancock Bank located at 2421 St. Claude Avenue, New Orleans, Louisiana. COOKS handed a demand note to the teller with instructions to put money in an envelope because he had a gun and nothing to lose. COOKS stood by a teller’s counter with his right hand in his pocket and gave the impression that he was armed with a firearm. COOKS received some cash from the teller and exited the bank. After a brief chase, law enforcement officials successfully apprehended COOKS not far from the bank’s location and recovered the stolen money.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Duane A. Evans is prosecuting the case.
The United States and Colombia Meet to Discuss Extradition and Legal Assistance MattersRead the Press Release
Representatives from the Office of International Affairs and the Judicial Attaché Office of the U.S. Department of Justice’s Criminal Division; the U.S. Department of State; and the Attorney General of the Republic of Colombia, Mr. Fabio Espitia Garzón; the Minister of Justice, Ms. Margarita Cabello Blanco; and representatives from Colombia’s Ministry of Foreign Affairs are meeting in Cartagena, Colombia this week for a consultations meeting on extradition and legal assistance matters between Colombia and the United States.
This meeting is a mechanism whose purpose is to address judicial cooperation in criminal matters, expedite proceedings between both countries in extradition and legal assistance matters, share good practices and experiences, hold working group sessions, and have a direct dialogue regarding the challenges imposed by the joint work in the fight against transnational organized crime.
Similarly, issues related to criminal finances, tools to economically dismantle organizations devoted to organized crime, and asset sharing and forfeiture will be addressed.
The Colombian State is also represented by the Directors from the Office of the Attorney General of the Republic of Colombia, including the Director of the International Affairs Office; the Delegate against Organized Crime; the Delegate for Criminal Finances; the Special Director of Extinction of Domain and Asset Forfeiture; the Vice-Minister of Justice and Law, Juan Francisco Espinosa Palacios; and the Directors of International Affairs and Transitional Justice from the Ministry of Justice.
Advisers from the Directorate of International Legal Affairs and the Directorate of Migration, Consular Affairs and Citizen Service of the Ministry of Foreign Affairs of Colombia also will participate.
There have been three previous similar meetings: the first two held in 2016 and 2017 in Bogotá, Colombia, and the last one held in 2018 in Washington, DC.
Sturgis Man Charged with Possession with Intent to Distribute a Controlled Substance and Unlawful Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man was charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Dustin Island, age 40, was charged on October 22, 2019. Island appeared before U.S. Magistrate Judge Daneta Wollmann on November 8, 2019, and plead not guilty to the charges.
The penalty upon conviction is a minimum of 5 years up to 40 years in federal prison and/or a $5,000,000 fine, at least 4 years up to life supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Island possessing with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and unlawfully possessing a semi-automatic pistol in June 2019 in Meade County. The charges are merely an accusation and Island is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Island was detained pending trial. A trial date has not been set.
Staten Island Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
Earlier today, after a jury had been selected for trial, Blaise Caroleo pleaded guilty in federal court in Brooklyn to sexual exploitation of a child. The proceeding took place before United States District Judge Eric N. Vitaliano. When sentenced, Caroleo faces a statutory minimum sentence of 15 years’ imprisonment and a maximum of 30 years’ imprisonment.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.
Between approximately January 24, 2016 and October 12, 2016, Caroleo enticed a 14-year-old girl to produce sexually explicit images of herself, and to send these images to him using an Internet application called Kik. The account name for the application on Caroleo’s cell phone was “Nimfeater.” A review of Nimfeater’s Kik account revealed a series of messages in which Caroleo requested sexually explicit photos of Kik users who have been identified as minors.
“The defendant is a dangerous predator who, armed with a phone app, targeted young girls for sexual exploitation,” stated United States Attorney Donoghue. “Protecting children from harm will always be a priority of this Office.” Mr. Donoghue expressed his grateful appreciation to the Federal Bureau of Investigation, New York Field Office (FBI), and the FBI’s Human Trafficking and Child Exploitation Task Force for their work on the case.
This prosecution is 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, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
The government’s case is being prosecuted by Assistant United States Attorneys Erin E. Argo and Alicia N. Washington.
The Defendant:
BLAISE CAROLEO (also known as “Nimfeater”)
Age: 55
Staten Island, NYE.D.N.Y. Docket No. 17-CR-177 (S-1) (ENV)
St. Croix Man Sentenced for Possessing 20 Pounds of Marijuana in His Luggage at the Henry E. Rohlsen AirportRead the Press Release
St. Croix, USVI – Dequan Forde, 22, of St. Croix, was sentenced on November 13, 2019, in District Court to one count of Possession of Marijuana with Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced.
Chief Judge Wilma A. Lewis sentenced Forde to eight months incarceration with credit for time served, three years of supervised release, a $1,000 fine, and a $100 special assessment.
According to court documents, on January 31, 2018, Forde traveled on American Airlines flight 2317 from Miami, Florida to St. Croix. Upon landing at the Henry E. Rohlsen Airport on St. Croix, an x-ray examination of Forde’s luggage displayed unusual packaging. A physical examination of the luggage revealed a laundry bag that contained two vacuumedsealed bags containing suspected marijuana. The luggage was placed on the baggage carousel where Forde retrieved it. The total gross weight of the marijuana was approximately 9.40 kilograms, or approximately 20 pounds.
The case was investigated by the Virgin Islands Port Authority Police, Customs and Border Protection, and Homeland Security Investigations. The marijuana was analyzed by the DEA Southeast Laboratory in Miami. Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
Springfield Man Sentenced to 10 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man has been sentenced for receiving and distributing child pornography.
Canvas Harris, 27, was sentenced by U.S. District Judge M. Douglas Harpool on Tuesday, Nov. 12, to 10 years in federal prison without parole. The court also ordered Harris to pay a total of $5,000 in restitution to two child victims. Following incarceration, Harris will be on supervised release for 10 years.
Harris pleaded guilty to the federal indictment on April 17, 2019. Harris posted files that contained child pornography to his account at Tumblr, which notified the National Center for Missing and Exploited Children. Law enforcement officers executed a search warrant at Harris’ residence on Sept. 17, 2018, and seized a number of digital devices that contained child pornography.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Southwest Missouri Cyber Crimes Task Force and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
South Bend Man Sentenced to over 11 Years in PrisonRead the Press Release
SOUTH BEND – Shawn Fox, age 34, of South Bend was sentenced before U.S. District Court Judge Robert L. Miller, Jr, upon his plea of guilty to three counts of bank robbery by force or violence, announced U.S. Attorney Kirsch.
Fox was sentenced to 137 months in prison, 3 years of supervised release, and ordered to pay $10,197.
According to documents in this case, starting in December 2018 and continuing through January 28, 2019, Mr. Fox was involved in the robbery of 4 banks, three in the South Bend area and one in Bronson, Michigan. Fox was released from prison on October 19, 2018 from a previous bank robbery conviction. He was on supervised release at the time of the robberies and has been convicted of 5 prior felony offenses with 2 of those being robbery convictions.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Six Passaic County Residents Charged in $27 Million Money Laundering ConspiracyRead the Press Release
NEWARK, N.J. – Six Passaic County, New Jersey, residents were charged today for their roles in a large-scale money laundering and illegal money transmitting scheme, U.S. Attorney Craig Carpenito announced.
The defendants are each charged by complaint with one count of conspiracy to launder drug proceeds and one count of operating an unlicensed money transmitting business:
• Felicia Almonte, 54, Passaic, New Jersey
• Erickson Checo-Almonte, 29, Passaic
• Julio De La Cruz-Acosta, 40, Paterson, New Jersey
• Willy Cruz-Bonilla, 22, Paterson
• Jordano Abreu-Diaz, 24, Paterson
• Enmanuel Nunez-Reyes, 26, PatersonAll defendants except Abreu-Diaz are scheduled to make their initial appearances this afternoon before U.S. Magistrate Judge James B. Clark in Newark federal court. Abreu-Diaz is expected to appear before Judge Clark later this week.
According to documents filed in this case and statements made in court:
The defendants were part of a large-scale money laundering conspiracy that used the U.S. banking system to convert over $27 million in cash from illegal drug sales in New Jersey and New York into cashier’s checks.
Between July 2016 and January 2019, the defendants and other conspirators purchased over 1,000 cashier’s checks, which were used as a mechanism to transfer drug proceeds out of the United States. The checks were made payable to individuals and companies specified by money brokers working on behalf of drug trafficking organizations with ties to the Dominican Republic, Colombia, and elsewhere.
The cashier’s check scheme was designed to conceal the nature, source, ownership, and control of the illegal drug proceeds in order to avoid scrutiny by law enforcement and banking institutions. The defendants were typically paid a fee of $150 to $200 for each check they purchased.
The charge of money laundering carries a maximum penalty of 20 years in prison and a fine of $500,000 or twice the amount involved in the offense, whichever is greater. The charge of operating an unlicensed money transmitting business carries a maximum prison sentence of five years and a $250,000 fine.U.S. Attorney Carpenito credited special agents of the U.S. Drug Enforcement Administration, New Jersey Division, under the direction of Special Agent in Charge Susan A. Gibson; special agents and task force officers of IRS - Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur; and the Morristown, New Jersey, police department, under the direction of Acting Police Chief Darnell Richardson with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Jonathan M. Peck of the Criminal Division in Newark.
This case is being conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.Scioto County doctor sentenced to 7 years in prison for role in pill millRead the Press Release
CINCINNATI – The owner and physician at Unique Pain Management in Wheelersburg, Ohio, was sentenced in U.S. District Court to serve 84 months in prison.
Margaret Temponeras, 55, of Portsmouth, Ohio, was sentenced for conspiring to distribute a controlled substance through the pain clinic and dispensary.
According to court documents, from June 2005 until May 2011, Temponeras and her father – John Temponeras, 84, who was also a doctor at the clinic – saw more than 20 patients per day, who paid cash payments starting at $200 for each medical examination. Many patients received monthly prescriptions for similar combinations of medications, namely, 120-150 pills of 15mg Oxycodone, 120-150 pills of 30mg Oxycodone and 90 pills of 2mg Xanax.
Patients were referred to Raymond Fankell, 64, of Wheelersburg, Ohio, who owned Prime Pharmacy, to fill their prescriptions.
Temponeras became aware that some pharmacies in the Scioto County area had declined to accept or fill her prescriptions from Unique Pain Management so she opened the dispensary Unique Relief LLC from the same location as her clinic in order to fill her own prescriptions.
John Temponeras and Fankell have also pleaded guilty. John Temponeras pleaded guilty to conspiring to distribute controlled substances and and Fankell to conspiring to distribute Oxycodone. They have yet to be sentenced.
David M. DeVillers, United States Attorney for the Southern District of Ohio; Keith Martin, Special Agent in Charge, Drug Enforcement Administration (DEA); Joseph M. Deters, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Steven W. Schierholt, Executive Director, Ohio State Board of Pharmacy, announced the sentence imposed yesterday afternoon by U.S. District Judge Timothy S. Black. Assistant United States Attorneys Timothy D. Oakley and Timothy S. Mangan are representing the United States in this case.
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Saratoga Springs Man Sentenced to 88 Months for Receiving Child PornographyRead the Press Release
ALBANY, NEW YORK – Kyle Caton, age 31, of Saratoga Springs, New York, was sentenced today to 88 months in prison for receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith and Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
As part of his guilty plea, Caton admitted that his offense involved more than 600 images depicting the sexual exploitation of children, including images of prepubescent children, toddlers, and images depicting sadistic or masochistic conduct. Caton also admitted to purchasing child pornography from an encrypted web site that is not accessible via ordinary online search engines.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, which will begin after Caton is released from prison, and ordered him to pay $12,000 in restitution to child pornography victims. Caton will be required to register as a sex offender as a result of his conviction.
Caton was enlisted in the United States Navy prior to his arrest, and was discharged because of his crimes.
This case was investigated by HSI and prosecuted by Assistant United States Attorney Shira Hoffman as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Rochester Man Indicted in Violent CarjackingRead 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 a federal grand jury has returned a five count indictment charging Jacob Loyd, 19, of Rochester, NY, with carjacking, possession of a firearm in furtherance of a crime of violence, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking crime, and possession of marijuana. The charges carry a maximum penalty of life in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that according to the indictment, on June 16, 2019, the defendant stole a vehicle at gunpoint in the area of 115 Gothic Street in Rochester. Later that evening, Loyd was arrested near 1454 North Street and found to be in possession of a loaded firearm, a quantity of cocaine packaged for sale, and marijuana.
The defendant was arraigned today before U.S. Magistrate Judge Marian W. Payson and detained.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The indictment is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Rochester Man Convicted by A Federal Jury of Cocaine Conspiracy Going to Prison for 25 YearsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a Richard Lucas, 34, of Williamsville, NY, who was convicted following a jury trial of conspiring to possess with intent to distribute, and distributing 500 grams or more of cocaine, was sentenced to serve 25 years in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also fined $60,000 and will forfeit approximately $30,000.
Assistant U.S. Attorneys Timothy C. Lynch and Emmanuel O. Ulubiyo, who handled the prosecution of the case, stated that on May 15, 2017, investigators had search warrants for co-defendant Dominic Daniels and his vehicle. On that day, investigators were conducting surveillance and saw Daniels leave the Comfort Suites, in Cheektowaga, NY, with a blue bag and get into a white pick-up truck. After investigators observed Daniels meet with an individual on James Street in Buffalo, and engage in what appeared to be a narcotics transaction, Daniel’s vehicle was stopped and was searched. The search revealed approximately 744 grams of cocaine, a hotel key for a room rented by the defendant at the Comfort Suites, and approximately $16,000 in United States currency.
During a subsequent search of the hotel room rented by defendant, investigators seized approximately $33,000. Following Daniels’s arrest, Lucas arrived at the Comfort Suites, driving a 2017 Chevrolet Corvette. When he was approached by Erie County Sheriff’s deputies, he refused to comply with commands, resisted arrest, and then led one of the deputies on a chase through several parking lots, where he tried to carjack three vehicles. The defendant was eventually taken into custody at the intersection of the Kensington Expressway and Genesee Street by a Sheriff’s deputy and federal law enforcement officers. At the time of his arrest, Lucas was in the possession of nearly $70,000 in jewelry. Evidence presented by the Government at trial established that the defendant was obtaining cocaine from Houston and distributing it to customers in the Buffalo area.
Co-defendant Dominic Daniels was previously convicted and sentenced to serve five years in prison.
The sentencing is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Gary Loeffert; and the New York State Police, under the direction Major Edward Kennedy.
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Rapid City Man Charged with Aggravated Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor.
Anthony Cory Plante, age 20, was indicted on July 16, 2019. He appeared before U.S. Magistrate Judge William D. Gerdes on November 7, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 2017 and February 2017, in McLaughlin, South Dakota, Plante knowingly engaged in, and attempted to engage in, a sexual act by use of force with a minor who had attained the age of 12 but had not attained the age of 16, and who was at least 4 years younger than Plante.
The charge is merely an accusation and Plante is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirsten Jasper is prosecuting the case.
Plante was released on bond pending trial. A trial date has not been set.
Putnam County Man Sentenced for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Hurricane man was sentenced for a federal firearm offense, announced United States Attorney Mike Stuart. Johnny Ray Thacker, 63, was sentenced by United States District Judge Joseph R. Goodwin to 60 months in prison for carrying a firearm during a drug trafficking crime. Stuart commended the investigation conducted by the Charleston Police Department, the Dunbar Police Department, the Kanawha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Thacker was a gun-toting drug dealer peddling meth and heroin with two previous felonies,” said United States Attorney Mike Stuart. “Drug trafficking is a violent business. When we catch drug dealers carrying guns in furtherance of their drug trafficking business, we will prosecute them for it every single time.”
Thacker previously admitted that on July 3, 2018, a Charleston Police Officer stopped him for speeding 24 miles per hour over the speed limit on Sissonville Drive. Thacker told the officer he had a gun on the passenger seat, which the officer temporarily secured for their safety. Thacker was a two-time felon, whose rights to possess a firearm had not been restored. While retrieving Thacker’s gun, the officer spotted marijuana scattered on it. Officers then searched Thacker’s vehicle and recovered several grams of methamphetamine and heroin, baggies for drug packaging, and a scale.
Thacker further admitted that on September 3, 2018, police officers were called to Dunbar Memorial Park regarding suspected drug trafficking out of a lime green colored vehicle. Officers spotted Thacker parked in a lime green car. After a specially-trained police dog detected the odor of drugs coming from Thacker’s car, police searched it and found approximately 4.5 grams of methamphetamine, baggies, a scale, a baggie of powdered sugar for cutting drugs, and a ledger documenting drug debts and sales. Thacker claimed the drugs.
Assistant United States Attorney Kristin Scott and former Assistant United States Attorney Drew O. Inman handled the prosecution.
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Plover Man Sentenced to 7 Years for Distributing MethamphetamineRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Corey Scheerenberger, 36, Plover, Wisconsin, was sentenced today by U.S. District Judge James D. Peterson to seven years in federal prison for possessing methamphetamine with intent to distribute. He pleaded guilty to this offense on August 15, 2019.
On September 27, 2018, law enforcement agents executed a search warrant at Scheerenberger’s residence. Throughout the property, agents found approximately 240 grams of methamphetamine, five firearms, a large quantity of cash, drug packaging materials and paraphernalia, and other illegal drugs. Further investigation revealed that Scheerenberger’s methamphetamine distribution involved at least 680 grams of methamphetamine. Scheerenberger admitted to selling methamphetamine in the Plover community for the past few years.
At the time of his arrest, Scheerenberger was on probation out of California for possessing a controlled substance and also in Wisconsin for disorderly conduct. His criminal history dates back to 2001 with several drug-related convictions.
During sentencing, Judge Peterson noted that Scheerenberger was dealing methamphetamine in quantities indicative of a “drug lifestyle” while serving a probationary sentence.
The charge against Scheerenberger was the result of an investigation conducted by the Central Wisconsin Drug Task Force, the Portage County Sheriff’s Office, and the Plover and Stevens Point Police Departments. The prosecution of the case was handled by United States Attorney Scott C. Blader and Assistant U.S. Attorney Diane Schlipper.
Owner of Local Technical Training School Pleads Guilty to Defrauding Department of Veterans Affairs of $29 Million in Education BenefitsRead the Press Release
Assistant U. S. Attorney Michelle L. Wasserman (619) 546-8431
NEWS RELEASE SUMMARY – November 13, 2019
SAN DIEGO – Nimesh Shah, owner of Blue Star Learning, a technical training school located in San Diego, pleaded guilty today to defrauding the Department of Veterans Affairs out of more than $29 million in Post-9/11 G.I. Bill benefits.
The Post-9/11 G.I. Bill provides veterans and other eligible individuals with assistance for education-related expenses such as tuition and housing. The VA pays tuition and fees directly to the school where the veteran is enrolled, and if the veteran is enrolled on more than a half-time basis, the VA additionally provides a monthly housing allowance directly to the veteran, as well as money for books, supplies, equipment and other expenses.
In order to receive and maintain approval to receive funds from the VA under the Post 9/11 G.I. Bill, Blue Star Learning was required to have at least 15% non-veterans for each course for which the VA was paying educational benefits under the Post-9/11 G.I. Bill, a rule called the “85/15 Rule.” Blue Star Learning was forbidden to engage in any erroneous or misleading advertising.
According to Shah’s plea agreement, from March 2016 to June 2019, he devised a scheme to defraud the VA with regards to Post 9/11 G.I. Bill benefits. Specifically, although Shah knew that close to 100 percent of students at Blue Star Learning were veterans receiving VA educational assistance, Shah repeatedly misrepresented to the California State Approving Agency for Veterans Education (CSAAVE) and the VA that Blue Star Learning was in compliance with the 85/15 Rule. In order to deceive CSAAVE and the VA, Shah created, and directed at least three other employees at Blue Star Learning to create, fake student files for the purported non-veterans in each program. Shah additionally emailed the VA 48 fraudulent enrollment agreements for fictitious people he represented were non-veteran students at Blue Star Learning, complete with fraudulent dates of birth, social security numbers, addresses, phone numbers and emails for each fraudulent non-veteran student.
Blue Star Learning additionally had to provide vocational attainment data to CSAAVE on a yearly basis, as part of a required yearly approval process. According to Shah’s plea agreement, Shah knew that the vast majority of Blue Star Learning graduates did not obtain jobs in the fields in which they were purportedly receiving training, and that the employment statistics on Blue Star Learning’s website were fraudulent.
Shah nonetheless submitted fraudulent spreadsheets to CSAAVE claiming that all of the Blue Star Learning students listed were employed in the informational technology field. On these spreadsheets, Shah provided fraudulent phone numbers, email addresses, employers, and employer contact information for each student. Shah hired individuals to create the fraudulent email addresses for the Blue Star Learning students, and directed these individuals to answer emails received at the fraudulent email addresses pretending to be satisfied Blue Star Learning graduates working in the information technology field. Shah additionally created 30 fictitious companies that he listed as the employers on the fraudulent spreadsheets, and hired individuals to create fraudulent email addresses and domain names for each fictitious company. Shah directed a Blue Star Learning employee to purchase 30 cellular telephones, one for each fictitious employer, and had employees of Blue Star Learning create voicemails on each cellular telephone so that it would appear that the fraudulent businesses were legitimate if CSAAVE called to check.
“These funds were meant to provide educational benefits to veterans who served our country, not line the pockets of unscrupulous opportunists,” said U.S. Attorney Robert Brewer. “This defendant crafted an elaborate scheme to fleece the government and taxpayers, but this case put a stop to this significant fraud.” Brewer thanked prosecutor Michelle Wasserman and federal agents for excellent work on this case.
As a result of Shah’s fraud, the VA issued over $11 million in tuition payments to Blue Star Learning, and over $18 million in housing allowances and stipends. In total, the VA lost $29,350,999. Shah’s wife, Nidhi Shah, pleaded guilty at the same time to one count of False Statement, as a result of lies she told to agents at the time of her interview.
DEFENDANT Case Number 19CR4551-JAH; 19CR4550-JAH
Nimesh Shah Age: 36 San Diego, CA
Nidhi Shah Age: 34 San Diego, CA
SUMMARY OF CHARGES
Nimesh Shah: Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years’ imprisonment and $250,000 fine
Nidhi Shah: False Statement – Title 18 U.S.C., Section 1001
Maximum penalty: Five years’ imprisonment, and $250,000 fine
AGENCY
Department of Veterans Affairs Office of Inspector General
Federal Bureau of Investigation
Owner of Detroit-Area Health Care Clinics Pleads Guilty to Drug Diversion SchemeRead the Press Release
The owner of a Detroit, Michigan-area physical therapy clinic pleaded guilty today for his role in a drug diversion scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Keith Martin of the U.S. Drug Enforcement Administration (DEA)’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
Malik Fuqua, 49, of Southfield, Michigan, pleaded guilty to one count of conspiracy to distribute controlled substances before U.S. District Judge David Lawson of the Eastern District of Michigan. Sentencing has been scheduled for Feb. 26, 2020, before Judge Lawson.
Fuqua was the owner and operator of 1st Priority Physical Therapy of [Southfield], Michigan, and also assisted in the day-to-day operations of Abyssinia Love Knot Physical Therapy LLC of Southfield, Michigan, which was purportedly a pain management and physical therapy clinic. As part of his guilty plea, Fuqua admitted that he conspired with others to unlawfully distribute controlled substances and that he oversaw physicians who would write medically unnecessary prescriptions for controlled substances, such as oxycodone and oxymorphone. Fuqua admittedly facilitated patient visits with doctors, and accepted payment from patients and patient recruiters/marketers in exchange for physician visits at which he knew that prescriptions for medically unnecessary controlled substances would be provided. Medicare beneficiaries were required to sign physical therapy documents as a condition to receive prescriptions for controlled substances, regardless of medical necessity, Fuqua admitted.
The total drug amount attributable to Fuqua is in excess of 500,000 oxycodone pills, he admitted.
The DEA and HHS-OIG investigated the case. Trial Attorney Patrick Suter and Assistant Chief Malisa Dubal of the Criminal Division’s Fraud Section are prosecuting the case. The case was previously prosecuted by Assistant Chief Drew Bradylyons and Trial Attorney Thomas Tynan of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Operator of Westchester Waste Disposal Business Pleads Guilty to Fraudulent Overbilling SchemeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that RALPH MANCINI, the owner and operator of County Waste Management, a waste disposal business based in Harrison, New York, pled guilty today to mail fraud before U.S. Magistrate Judge Lisa Margaret Smith. MANCINI admitted as part of his plea that he had defrauded numerous commercial customers by overbilling them for the waste collected and dumped on their behalf.
U.S. Attorney Geoffrey S. Berman said: “For more than eight years, Ralph Mancini, the owner and operator of County Waste Management, illegally overbilled local businesses that contracted with him to do their waste disposal. Mancini has now pled guilty to hauling in over $800,000 from his victims, and faces serious time in prison.”
According to the Information, other court documents, and statements made in Court, from in or about 2008 through 2016, MANCINI overbilled a total of approximately 17 commercial customers, including educational institutions, department stores, grocery stores, and other establishments, by more than $800,000. MANCINI sent the fraudulent invoices by U.S. mail, which fabricated the tonnage of waste collected and thereby charged customers for waste services that had not actually been performed.
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MANCINI, age 57, of Harrison, pleaded guilty to one count of mail fraud, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
MANCINI is scheduled to be sentenced by U.S. District Judge Nelson S. Román on February 14, 2020, at 11:00 a.m.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation. He also thanked the Westchester County Department of Public Safety and the Westchester County Solid Waste Commission for their assistance in the investigation.
This case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys Daniel Loss is in charge of the prosecution.
Ontario Man Pleads Guilty to Harboring an Illegal AlienRead 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 Jason O. Garcia, 42, of Von, Ontario, pleaded guilty before Senior U.S. District Judge William M. Skretny to harboring an illegal alien. The charges carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on August 5, 2019, the defendant attempted to enter the United States in a commercial truck at the Lewiston Bridge Port of Entry. When asked if anyone else was present in the truck, Garcia stated “no.”
Following a primary inspection, the truck was to the Vehicle and Cargo Inspection System for a scan. As the defendant appeared headed toward the scanning area, Garcia instead drove the truck in front of a warehouse. A second individual got out of the truck and walk directly into the entrance of the warehouse. The truck then turned around in the parking lot and headed towards the scanning area. Customs and Border Protection Officers located the individual in the hallway of the warehouse. The individual had a Chilean passport concealed in his pants. A records check determined the individual was refused entry into the United States, while seeking entry to the United States, under the Visa Waiver Program, for failing to disclose a previous arrest in Chile.
The plea is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Sentencing is scheduled for March 20, 2020, at 9:00 a.m. before Judge Skretny.
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Oneonta Man Admits Failing to Update Sex Offender RegistrationRead the Press Release
ALBANY, NEW YORK – Mark King, age 25, of Oneonta, New York, pled guilty yesterday to failing to update his sex offender registration, announced United States Attorney Grant C. Jaquith and United States Marshal David L. McNulty.
King pled guilty to violating the federal Sex Offender Registration and Notification Act (“SORNA”), which requires a convicted sex offender to register, and keep that registration current, wherever he or she resides. King admitted that he was previously convicted of attempted sexual abuse of a minor in Alaska, which required him to register as a sex offender for the rest of his life. King further admitted that he moved from Alaska to New York, sometime after he completed serving a 6-month term of incarceration that concluded on July 17, 2018. Since then, King admitted, he has failed to register as a sex offender in New York or update his registration to reflect his valid address and place of residence.
King faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on March 11, 2020 by United States District Judge Mae A. D’Agostino. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by the United States Marshals Service, and was prosecuted by Assistant United States Attorney Sahar L. Amandolare.
This case was prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
One sent to prison for jewelry store robbery while other remains a fugitiveRead the Press Release
CORPUS CHRISTI, Texas – A 25-year-old resident of Corpus Christi has been ordered to federal prison following his conviction of robbery, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm, announced U.S. Attorney Ryan K. Patrick.
Leonard Reyna entered a guilty plea July 24.
Today, U.S. District Nelva Gonzalez Ramos handed Reyna a 87-month sentence for the robbery and being a felon who had a firearm. He also received an additional 84 months for the brandishing charge which must be served consecutively to the other sentence imposed. The sentences will be immediately followed by five years of supervised release.
At the time of his plea, Reyna admitted he participated in an aggravated robbery at the Corpus Christi Trade Center and another at a Stripes convenience store which involved the shooting of an innocent bystander.
On Aug. 26, 2018, Reyna approached a local jewelry store displaying a handgun and demanded several items of jewelry. After that robbery, he fled on foot and headed to the Stripes location on the 6000 block of Ayers. There, two men pointed a gun at a victim and demanded the keys to his truck. The victim refused and was later found inside the store where reported he had been shot in the left arm and stomach.
Reyna has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
He was originally indicted along with Carlos Moreno, 26, Corpus Christi, who is charged with being involved in both robberies and with discharging a firearm.. Anyone with information about his whereabouts is asked to contact the U.S. Marshals service at 1-800-336-0102. He is considered innocent unless and until convicted through due process of law, but remains a fugitive and a warrant remains outstanding for his arrest
The Corpus Christi Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Lance Watt is prosecuting the case.
Oklahoma Long Haul Trucker Sentenced to 27 Years in PrisonRead the Press Release
SOUTH BEND – Marvin L. Bishop II, age 42, of Seminole, Oklahoma was sentenced before U.S. District Court Judge Jon E. DeGuilio, upon his plea of guilty to production of child pornography, announced U.S. Attorney Kirsch.
Bishop was sentenced to 324 months in prison, 5 years of supervised release, and ordered to pay $14,520 in restitution.
“Children are among the most vulnerable of victims and do not have a voice in the hands of these predators,” said United States Attorney Thomas L. Kirsch, II. “My Office will do everything we can to prosecute and seek lengthy sentences, such as the one today, for individuals who commit crimes against children.”
“Today’s sentence illustrates the commitment the FBI and our law enforcement partners have to protect our children from individuals such as Mr. Bishop who take advantage of their vulnerability,” said Special Agent in Charge Grant Mendenhall, FBI Indianapolis. “We will continue to work to identify and hold accountable those who would sexually exploit and perpetrate this disturbing crime against children who can’t protect themselves.”
According to documents in this case, Mr. Bishop was a long haul trucker. In March of 2019, Mr. Bishop was chatting with an undercover officer about being sexually active with minor females. He streamed a brief video of a minor performing oral sex on him. The undercover officer was able to determine his location, and the FBI was able apprehend him and his victim in Rochester, Indiana within a few hours after the chatting began.
The case was investigated by the FBI with the assistance of the St. Joseph County Police Department and the Rochester, Indiana Police Department. The case was prosecuted by Assistant United States Attorney John M. Maciejczyk.
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Oak Grove Man Pleads Guilty to Distributing Heroin Resulting in Fatal OverdoseRead the Press Release
KANSAS CITY, Mo. – An Oak Grove, Missouri, man pleaded guilty in federal court today to distributing the heroin that resulted in the overdose death of an Arizona man visiting his family in Lee’s Summit, Missouri.
Joshua Austin Leroux, 35, waived his right to a grand jury and pleaded guilty before U.S. Chief District Judge Beth Phillips to an information that charges him with one count of distributing heroin that caused the death of a man identified in court documents as “M.A.C.”
By pleading guilty today, Leroux admitted that he distributed heroin to M.A.C. on Sept. 3, 2017. After M.A.C. acquired the heroin from Leroux, he ingested it at some point on Sept. 3, or the morning of Sept. 4, 2017. The Jackson County Medical Examiner, after conducting an autopsy, declared that the cause of M.A.C.’s death was heroin intoxication.
Under federal statutes, Leroux is subject to a mandatory minimum sentence of 20 years in federal prison without parole, up to a sentence of life 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 D. Michael Green. It was investigated by the Drug Enforcement Administration and the Jackson County Drug Task Force.
OATH Corporation CEO Sentenced for Wire, Tax, and Bankruptcy FraudRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced David Martin “Marty” Golloher to three years in federal prison for wire fraud, tax fraud, and bankruptcy fraud.
Golloher had pleaded guilty on August 30, 2019.
According to court documents and evidence presented during the sentencing hearing, Golloher was the President and Chief Executive Officer of OATH Corporation, a bullet-manufacturing company based in Brevard County. In that capacity, Golloher recruited individuals to invest significant sums of money in OATH Corporation. He defrauded one investor of nearly $70,000 by embezzling funds intended for corporate use. Golloher defrauded another individual of more than $40,000 by convincing him to purchase the rights to an “exclusive distributorship” that did not actually exist.
In addition, for six quarters in 2015 and 2016, Golloher collected payroll taxes on behalf of OATH Corporation employees, but failed to pay over that tax to the Internal Revenue Service. Golloher also failed to pay over OATH Corporation’s payroll tax obligations, resulting in a total tax loss of more than $458,000.
Eventually, Golloher filed for bankruptcy on behalf of OATH Corporation. During the course of the bankruptcy proceeding, Golloher knowingly made a false declaration, understating the amount of compensation and personal expenses he had received from OATH Corporation. Golloher admitted that he did so with the intent to deceive OATH Corporation’s creditors, the bankruptcy trustee, and the bankruptcy judge.
This case was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, and the Orlando Office of the United States Trustee Program. It was prosecuted by Assistant United States Attorney Emily C. L. Chang.
Nicholson Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
Gulfport, Miss. – Ronald Christopher Dressner, 41, of Nicholson, pled guilty today before U.S. District Judge Sul Ozerden, to being a convicted felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On May 20, 2019, interdiction officers with the South Mississippi Metro Enforcement Team attempted to initiate a traffic stop on a vehicle driven by Dressner for a stolen tag. When the officer attempted to stop the vehicle, Dressner would not stop, and a pursuit ensued. Dressner eventually stopped his vehicle and a passenger in the vehicle advised officers that she observed Dressner throw a silver and black handgun out of the passenger window. Officers returned to the location and discovered a Smith & Wesson, .40 caliber pistol loaded with five live rounds. When Dressner was interviewed, he ultimately admitted to throwing the firearm out of the window during the pursuit. Dressner had previous felony convictions for possession of a controlled substance in the Circuit Court of Pearl River County for which he was sentenced to serve 16 years in the custody of the Mississippi Department of Corrections.
Dressner will be sentenced by Judge Ozerden on February 21, 2020, at 10:00 a.m. in Gulfport. He faces a maximum penalty of 10 years in prison and a $250,000 fine.
The Jackson County South Mississippi Metro Enforcement Team and The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It is being prosecuted by Assistant U.S. Attorney Andrea Jones.
New York Man Enters Guilty Plea to Federal Gun ChargeRead the Press Release
CHARLESTON, W.Va. – A New York man pled guilty to a federal firearm charge, announced United States Attorney Mike Stuart. John Maurice James, 42, pled guilty to possession of a firearm in furtherance of a drug trafficking crime.
“James had a gun to protect himself, his stash of oxycodone and his drug money,” said United States Attorney Mike Stuart. “In my District, you can expect to see drug dealers with firearms charged accordingly. Federal gun crimes carry stiff penalties.”
James admitted that in February 2018, members of the Southern Regional Drug and Violent Crime Task Force executed a search warrant at his house in Mercer County. During the search, officers located a small amount of cocaine and approximately 500 oxycodone pills that James intended to distribute. They also found cash and a Ruger LCP, .380 caliber semi-automatic pistol in the same room he had been staying. Defendant admitted that he possessed the firearm to protect himself, the oxycodone pills he possessed, and the cash from prior sales of oxycodone. Defendant further admitted that he had been supplying oxycodone pills to another individual residing in that house with him. He knew that the individual was distributing the drugs for profit.
James faces a mandatory minimum sentence of 5 years and up to life in prison when sentenced on March 16, 2020.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
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New Orleans Man Sentenced for Heroin ConspiracyRead the Press Release
NEW ORLEANS - U.S. Attorney Peter G. Strasser announced that QUINTON RISIN, a/k/a “Quentin Risin,” age 36, of New Orleans, was sentenced today for conspiring to distribute 100 grams or more of heroin. The Honorable Susie Morgan sentenced RISIN to 60 months imprisonment, (4) years of supervised release, and a $100 special assessment.
According to court records, RISIN conspired with codefendant Arthur Johnson and others to distribute heroin throughout the New Orleans area. RISIN had been a customer of Johnson’s. The evidence against RISIN includes numerous intercepted communications, physical surveillance, and witness statements.
U.S. Attorney Strasser praised the work of the FBI’s New Orleans Gang Task Force in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
New Jersey Man Sentenced for Illegally Purchasing Tiger Skin RugRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Loren Varga, 62, of Franklin Township, New Jersey, was sentenced to one day of incarceration, two years’ supervised release and a $1,500 fine by United States District Court Judge Anita Brody for illegally purchasing a tiger skin rug, made from an endangered species.
In July 2019, the defendant pleaded guilty to one count of violating the Endangered Species Act and one count of violating the Lacey Act. These charges stemmed from his participation in the commercial purchase of a tiger rug, which he knew was made from an endangered species, and for which he traveled across state lines to receive.
Some years before, the defendant had previously attempted to buy a similarly illegal tiger pelt and was warned by the Unites States Fish and Wildlife Service (USFWS) that to do so was a crime. Apparently undeterred, the defendant again sought one out in 2018. When USFWS discovered the defendant’s intentions, it arranged a sting operation to thwart that effort. That operation led to this prosecution.
“People who make persistent efforts to own these endangered animal pelts are part of the very industry that has led these majestic animals to become endangered,” said U.S. Attorney McSwain. “It is illegal and further, it is unconscionable, that someone would attempt to procure an endangered animal skin not just once, but twice. We take this type of conduct seriously and it will be prosecuted.”
The case was investigated by the United States Fish and Wildlife Service, and is being prosecuted by Assistant United States Attorney Nancy Beam Winter.
New Haven Man Pleads Guilty to Illegal Gun PossessionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ERRIE McCLENDON, also known as “Buck,” 28, of New Haven, pleaded guilty today in Hartford federal court to possession of a firearm by a convicted felon.
According to court documents and statements made in court, McClendon was arrested on May 11, 2019, in New Haven, after he possessed a loaded Ruger, model P85, 9mm pistol with an obliterated serial number. McClendon attempted to discard the firearm and then struggled with the arresting officers, but was eventually subdued and the firearm was immediately recovered.
Prior to May 2019, McClendon had been convicted in state court of felony narcotics and larceny offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
McClendon is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on March 25, 2020, at which time he faces a maximum term of imprisonment of 10 years.
McClendon has been detained since June 19, 2019, when he was arrested on a state probation violation charge.
This matter has been investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department. This case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle and Jocelyn Courtney Kaoutzanis.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
New DOJ Plan Announced to Reduce Gun Violence in Georgia, NationwideRead the Press Release
Macon, Ga.— Today, Attorney General William P. Barr announced the launch of Project Guardian, a new initiative designed to reduce gun violence and enforce federal firearms laws across the country. Project Guardian focuses on investigating, prosecuting and preventing gun crimes. Reducing gun violence and enforcing federal firearms laws have always been among the Department’s highest priorities. In order to develop a new and robust effort to promote and ensure public safety, the Department reviewed and adapted some of the successes of past strategies to curb gun violence. Project Guardian draws on the Department’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.
“Gun crime remains a pervasive problem in too many communities across America. Today, 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.”
“Our office will use every means available to reduce violent gun crimes in our communities,” said U.S. Attorney Charlie Peeler. “Project Guardian is a welcome fortification of our existing collaboration with local, state and federal law enforcement under Project Safe Neighborhoods to reduce violent crime rates across the Middle District of Georgia.”
“ATF has a long history of strong partnerships in the law enforcement community,” said Acting Director Regina Lombardo. “Make no mistake, the women and men of ATF remain steadfast to our core mission of getting crime guns off of our streets. ATF and U.S. Attorneys nationwide will leverage these partnerships even further through enhanced community outreach initiatives and coordination with local, state, and tribal law enforcement and prosecutors to cut the pipeline of crime guns from those violent individuals who seek to terrorize our communities. Project Guardian will enhance ATF’s Crime Gun Intelligence, to include identifying, investigating and prosecuting those involved in the straw purchases of firearms, lying on federal firearms transaction forms, and those subject to the mental health prohibition of possessing firearms.”
Project Guardian’s implementation is based on five principles:
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.
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.
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.
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 better assure 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.
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.
Federal law enforcement represents only about 15% of all law enforcement resources nationwide. Therefore, partnerships with state, local and tribal law enforcement and the communities they serve are critical to addressing gun crime. The Department recognizes that sharing information with our state, local, and tribal law enforcement partners at every level will enhance public safety, and provide a greater depth of resources available to address gun crime on a national level. For more information on Project Guardian, see the Attorney General’s memorandum at: https://www.justice.gov/usao-sdca/project-guardian.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Narcotics Dealer Charged in Manhattan Federal Court with Fentanyl Overdose DeathRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Raymond P. Donovan, Special Agent in Charge of the New York Office of the Drug Enforcement Administration (“DEA”), Peter C. Fitzhugh, Special Agent in Charge of the New York Office of Homeland Security Investigations (“HSI”), Keith M. Corlett, Superintendent of the New York State Police (“NYSP”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced that a grand jury returned an Indictment today charging JEANLUC JOILES with distributing fentanyl that resulted in the death of 29-year-old Rachel Spiteri on or about June 19, 2019, in New York, New York. JOILES and a co-defendant, JAIME ROSARIO JR., are also charged with participating in a conspiracy to traffic methamphetamine, fentanyl, and cocaine, and ROSARIO is charged with possessing firearms in connection with a drug trafficking offense. JOILES and ROSARIO were previously charged by criminal complaints and arrested on October 15, 2019, and October 25, 2019, respectively. Both defendants are detained. The case is assigned to United States District Judge Loretta A. Preska.
Manhattan U.S. Attorney Geoffrey S. Berman said: “As alleged, Jeanluc Joiles sold the drugs that killed a young woman. He and co-defendant Jaime Rosario Jr. allegedly conspired to traffic in a variety of potentially lethal drugs, and Rosario allegedly possessed guns in connection with that trafficking. The potential penalties for these alleged crimes befit the seriousness of the allegations.”
DEA Special Agent in Charge Raymond P. Donovan said: “Earlier this month, DEA issued a national alert on counterfeit pill trafficking across America and how fatal overdoses follow its path. Reiterating the warning, counterfeit pills threaten New York because they mimic legitimate prescription medication, but contain unregulated amounts of fentanyl. I applaud the diligent efforts of the law enforcement community to bring justice to victims of drug traffickers and their families.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “As alleged, these two men showed no regard for human life when they allegedly concocted and laced pills with fentanyl, which led to yet another needless death from an overdose. HSI is committed to working with the DEA’s Strike Force and law enforcement partners to ensure that people who allegedly deal these poisons within our communities are arrested and prosecuted for their careless acts.”
According to the allegations in the Indictment, underlying complaints, and information in the public record[1]:
On June 20, 2019, Rachel Spiteri was found dead in her apartment in New York, New York. Following an investigation by the NYPD and DEA, law enforcement agents identified JOILES as the dealer who sold Ms. Spiteri what she believed to be oxycodone pills, but in fact contained fentanyl and acetylfentanyl, a fentanyl analogue. Following Ms. Spiteri’s death, law enforcement officers later purchased additional narcotics from both JOILES and ROSARIO, including fentanyl pills masquerading as oxycodone, and methamphetamine that was sold as cocaine.
On October 16, 2019, law enforcement officers executed a search warrant at ROSARIO’s apartment and found more than 500 grams of methamphetamine and cocaine, as well as four firearms.
* * *
JOILES, 36 of Queens, New York, is charged with conspiracy to traffic in narcotics and with distribution and possession with intent to distribute fentanyl resulting in death. ROSARIO, 42, of Queens, New York, is charged with conspiracy to traffic in narcotics and with possession of firearms in connection with a drug trafficking offense. A chart setting forth the maximum and mandatory minimum penalties for the defendants is set forth below. The statutory maximum penalties 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 DEA and the NYPD. The charges are the result of an investigation by the New York Strike Force, a crime-fighting unit comprising federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force (OCDETF) and the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA).
The Strike Force is housed at the DEA’s New York Division and includes agents and officers of the DEA, the NYPD, the New York State Police, Immigration and Customs Enforcement – Homeland Security Investigations, the U. S. Internal Revenue Service Criminal Investigation Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, the U.S. Marshals Service, New York National Guard, the Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Daniel G. Nessim is in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Count
Defendant(s)
Maximum Penalties
Conspiracy to distribute narcotics
JEANLUC JOILES
JAIME ROSARIO JR.
Life; mandatory minimum term of 10 years in prison
Distribution of Fentanyl Resulting in Death
JEANLUC JOILES
Life; mandatory minimum term of 20 years in prison
Firearms Offense
JAIME ROSARIO JR.
Life; consecutive mandatory minimum term of five years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and Complaints, and the description of the Indictment and Complaints set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Monterey County Doctor and Four Others Charged in Alleged Scheme to Distribute Opioids Outside Scope of Legitimate Medical PracticeRead the Press Release
SAN JOSE– A federal grand jury has indicted Monterey County doctor Deane Leo Crow, as well as Diane Lynn Crow, Erik Samuel Gonzales, Brittney Lynn Cardona, and Joe Anthony Bernal, for their respective roles in conspiracies to acquire and distribute oxycodone and hydrocodone, Schedule II opioids, announced United States Attorney David L. Anderson, Federal Bureau of Investigation Special Agent in Charge John F. Bennett, and California Department of Health Care Services Chief of Investigations Laura Wilbur.
According to the indictment returned October 31, 2019, and unsealed today, Deane Crow was a physician licensed to practice medicine in the State of California. The indictment alleges that since approximately August of 2014, Deane Crow acted outside the usual course of professional practice and without a legitimate medical purpose when he caused pharmacists to dispense more than 452,000 pills containing controlled substances, including the Schedule II opiates oxycodone and hydrocodone.
“Doctors occupy a unique position of trust in our health care system. We cannot allow doctors to betray that trust,” said U.S. Attorney Anderson. “As alleged in the indictment, Dr. Crow fed a conspiracy with empty prescriptions that put hundreds of thousands of pills onto the streets.”
“According to this indictment, Dr. Deane Crow and his co-conspirators illegally traded opioid prescriptions for cash,” said FBI Special Agent in Charge John F. Bennett. “Thanks to the joint investigation between the FBI and the California Department of Health Care Services Medi-Cal Fraud Investigations Branch, we have successfully dismantled an illegal network pushing opioids onto the streets of Northern California and endangering our local communities.”
The indictment describes how Deane Crow allegedly provided blank prescriptions to Gonzales and Bernal, sometimes in exchange for money, who then recruited individuals to visit pharmacies and fill prescriptions. Gonzales filled in the type of drugs to be obtained as well as other necessary information such as date of birth of the person to whom the prescription was issued, dosage instructions, and diagnosis codes reflecting the patient’s purported condition. In order to convince pharmacists to fill the prescriptions, Deane Crow falsely represented to pharmacy employees that the individuals in whose names the prescriptions were written were his patients and that the prescriptions had been issued for a legitimate medical purpose. Further, to ensure the prescriptions were filled, Diane Lynn Crow allegedly assisted in the communications between Bernal, Deane Crow, and the pharmacy employees.
In sum, each defendant was charged with one count of conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 846, and one count of conspiracy to acquire and obtain possession of a controlled substance by misrepresentation or fraud, in violation of 21 U.S.C. § 843(a)(3) and 846.
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the charge of conspiracy to distribute a controlled substance, each defendant faces a maximum sentence of 20 years imprisonment and a $1,000,000 fine. In addition, if convicted of the charge of Conspiracy to Obtain Possession of a Controlled Substance by Misrepresentation or Fraud, each defendant faces a maximum sentence of four years imprisonment and a $250,000 fine. At sentencing, the Court may also order the payment of a fine, restitution, or a period of supervised release to follow any term of imprisonment. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge Susan van Keulen. Magistrate Judge van Keulen scheduled an appearance for each defendant for November 15, 2019, except Bernal whose next appearance is scheduled for November 19, 2019.
Assistant U.S. Attorney Nikhil Bhagat is prosecuting the case with the assistance of Linda Love. This prosecution is the result of an ongoing investigation by the FBI and the California Department of Health Care Services Medi-Cal Fraud Investigations Branch (DHCS-IB), with the assistance of the DEA and the Monterey County District Attorney’s Office Bureau of Investigation. DHCS-IB fraud investigators are sworn law enforcement officers whose authority extends throughout the State of California. DHCS-IB fraud investigators conduct criminal, administrative and civil investigations into various types of suspected Medi-Cal program fraud.
Anyone, including pharmacists and medical professionals, with information about prescriptions issued without a legitimate medical purpose is urged to contact the FBI Tip Line at (415) 553-7400.
This case was investigated and prosecuted by member agencies of the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state, and local law enforcement agencies.
Minneapolis Drug Trafficker Sentenced to 14 Years in PrisonRead the Press Release
United States Attorney Erica H. MacDonald announced the sentencing of two individuals for conspiring to possess and distribute methamphetamine. GONZALO JIMINEZ-PAZ, JR., 22, was sentenced to 168 months in prison and REY DAVID LUNA-SANTILLANES, 22, was sentenced to 63 months in prison. Both defendants were sentenced by Senior Judge David S. Doty in U.S. District Court in Minneapolis, Minnesota.
United States Erica MacDonald said, “Mr. Jiminez-Paz ran a significant drug trafficking operation here in Minnesota. He employed a network of distributors, including his co-defendant Mr. Luna-Santillanes, who helped push dangerous drugs into our cities. This type of criminal activity threatens the health and safety of our communities and will be met with lengthy prison sentences.”
According to the defendants’ guilty pleas and documents filed in court, beginning in January 2019, JIMINEZ-PAZ and LUNA-SANTILLANES entered into an agreement with each other and other individuals to distribute methamphetamine. On March 23, 2019, law enforcement officers with the Ramsey County Violent Crime Enforcement Team (VCET) executed a search warrant at a residence in the downtown area of Minneapolis. During execution of the search warrant, officers recovered approximately 64 pounds of methamphetamine, a large sum of U.S. currency, three pounds of heroin, a bag containing unidentified blue pills and two loaded handguns. The methamphetamine was found inside two suitcases in a bedroom closet, the heroin was hidden inside of a shoebox, and a large amount of cash was located in a kitchen cupboard.
This case was the result of an investigation conducted by the St. Paul Police Department, the Ramsey County VCET, the DEA, and the Minnesota State Patrol.
Assistant U.S. Attorney LeeAnn K. Bell prosecuted the case.
Defendant Information:
GONZALO JIMINEZ-PAZ, JR., 23
Minneapolis, Minn.
Convicted:
- Conspiracy to possess with intent to distribute methamphetamine, 1 count
Sentenced:
- 168 months in prison
- Five years of supervised release
REY DAVID LUNA-SANTILLANES, 23
Minneapolis, Minn.
Convicted:
- Conspiracy to possess with intent to distribute methamphetamine, 1 count
Sentenced:
- 63 months in prison
- Two years of supervised release
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Massachusetts Man Sentenced to 235 Months in Prison for Online Enticement of A Minor to Engage in Criminal Sexual ConductRead the Press Release
NEWARK, N.J. – A man from Dracut, Massachusetts, was sentenced today to 235 months in prison for using the internet to solicit sex with a minor, U.S. Attorney Craig Carpenito announced.
Richard Bly, 69, was convicted in July 2019 of online enticement of a minor after a two-day trial before U.S. District Judge Kevin McNulty, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence presented at trial:
On Feb. 7, 2017, Bly posted an advertisement on an internet website seeking to meet parents willing to allow Bly to engage in sexual activity with their young children. Over the course of several weeks, Bly had numerous e-mail and text message exchanges with an undercover law enforcement agent posing as the mother of an 8-year-old girl. In graphic and explicit terms, Bly repeatedly expressed his interest in engaging in sexual activity with the purported child, and made plans to meet the child and her mother at a hotel in Ramsey, New Jersey. Law enforcement officers arrested Bly at the hotel on the same morning that Bly had planned to sexually assault the purported child. At the time of his arrest, Bly was on bail after having been arrested and charged in August 2016 in Massachusetts state court for engaging in similar conduct.
In addition to the prison term, Judge McNulty sentenced Bly to 10 years of supervised release.
U.S. Attorney Carpenito credited special agents of Homeland Security Investigations (HSI), Newark Division, under the direction of Special Agent in Charge Brian Michael; and the Bergen County Prosecutor’s Office, under the direction of Prosecutor Mark Musella, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Joshua L. Haber and Heather Suchorsky of the U.S. Attorney’s Office Criminal Division.
Defense counsel: Thomas Ambrosio Esq., Lyndhurst, New Jersey
Manchester Man Sentenced to 50 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Nestor Santiago Torres, 33, of Manchester, was sentenced in federal court on Tuesday to 50 months in prison for possession of fentanyl with intent to distribute, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on the evening of January 31, 2018, a New Hampshire State Trooper made a traffic stop of a Ford Expedition on Interstate 93 in Salem. The defendant was a passenger in the vehicle. During a consensual search of the vehicle, a Trooper located a clear plastic package beneath the front passenger’s seat that contained approximately 373.8 grams of fentanyl. Multiple sandwich bags and a digital scale also were recovered from the motor vehicle. During a later interview, Torres admitted that the drugs belonged to him and that he had been engaged in the distribution of drugs.
Torres previously pleaded guilty on March 22, 2019.
“For drug dealers, the cost of selling fentanyl in New Hampshire is a federal prison term,”said U.S. Attorney Scott Murray. “Those who choose to engage in this business should expect to be investigated, identified, prosecuted, and incarcerated. We will continue to work with New Hampshire State Police, HSI, and all of our law enforcement partners to end this lethal trade.”
“This man has been convicted of distributing a highly addictive and destructive drug. Too many lives have been lost to this opioid epidemic and law enforcement is not taking it lightly,” said Jason J. Molina, Special Agent in Charge of HSI Boston. “Torres will now have plenty of time behind bars to contemplate his actions and there is one less dealer on the streets of New Hampshire.”
This matter was investigated by the New Hampshire State Police and Immigration and Customs Enforcement’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney John S. Davis.
###
Louisiana Department of Health to Pay $13.42 Million to Settle Alleged False Medicaid Claims for Nursing Home and Hospice CareRead the Press Release
The Louisiana Department of Health has agreed to resolve allegations that it submitted false and inflated Medicaid claims for long-term nursing home and hospice care, the Department of Justice announced today. Under the settlement agreement, the state agency has agreed to pay $13,422,550.
“Today’s settlement demonstrates that we will take whatever steps are appropriate in our effort to protect federal healthcare programs, including Medicaid, from false claims,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “Anyone who seeks to profit at the expense of Federal taxpayers, including state agencies, will face appropriate consequences.”
“This office will remain vigilant in its efforts to ensure the integrity of the Medicaid program by continuing to pursue those who commit improprieties against the program – whether they be providers or beneficiaries, or those more central to the administration of the program,” said Brandon J. Fremin, the U.S. Attorney for the Middle District of Louisiana. “The people of Louisiana deserve it. I am grateful to the dedicated AUSAs and staff in our Civil Division and to the Office of Inspector General for the U.S. Department of Health and Human Services for their hard work and dedication to this very important matter.”
Medicaid is a joint federal and state program providing financial assistance to individuals with low incomes to enable them to receive medical care. The Medicaid program makes quarterly grant awards to each participating state covering an amount, commonly known as the federal share, of the state’s expenditures for healthcare services covered by the state’s Medicaid plan. The federal share is determined by a percentage rate that is subject to change from quarter to quarter. Nursing homes and hospices typically submitted claims to Louisiana on the tenth day of the month following the month during which the services were actually provided. Louisiana then paid these claims, sought Federal reimbursement for those expenditures, and received Federal reimbursement based on the rate in effect at that time.
The United States alleged that the Louisiana Department of Health knew that the rates determining the federal share of Louisiana’s Medicaid payments were set to decrease following the months of December 2010, March 2011, June 2011, and September 2013. To receive the higher Federal share percentage rates in effect during these months, the Louisiana Department of Health fraudulently caused its healthcare contractor, Molina Medical Solutions, to prepare, submit, and pay claims for nursing home and hospice services in these months, before the providers had submitted to Louisiana any claims for them. Louisiana then claimed Federal reimbursement for those premature payments. As a result, the Louisiana Department of Health received a Federal share based upon the higher percentage rate in effect in those months, rather than the lower percentage rate in effect the following months when the providers actually submitted their claims to Louisiana.
This settlement was the result of an investigation by the Civil Division of the Department of Justice, the U.S. Attorney’s Office for the Middle District of Louisiana, and the U.S. Department of Health and Human Services Office of Inspector General.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Louisiana Department of Health to Pay $13.42 Million to Settle Alleged False Medicaid Claims for Nursing Home and Hospice CareRead the Press Release
U.S. Attorney Brandon J. Fremin announced today that the Louisiana Department of Health (LDH) has agreed to resolve allegations that it submitted false and inflated Medicaid claims for long-term nursing home and hospice care. Under the settlement agreement, the state agency has agreed to pay $13,422,550.96.
“Today’s settlement demonstrates our continuing vigilance to protect Federal healthcare programs, including Medicaid, from false claims,” said Assistant Attorney General Joseph H. Hunt for the Department of Justice’s Civil Division. “Anyone seeking to profit at the expense of Federal taxpayers, including state agencies, will face serious consequences.”
“This office will remain vigilant in its efforts to ensure the integrity of the Medicaid program by continuing to pursue those who commit improprieties against the program – whether they be providers or beneficiaries, or those more central to the administration of the program,” said U.S. Attorney Brandon J. Fremin for the Middle District of Louisiana. “The people of Louisiana deserve it. I am grateful to the dedicated AUSAs and staff in our Civil Division and to the Office of Inspector General for the U.S. Department of Health and Human Services for their hard work and dedication to this very important matter.”
Medicaid is a joint Federal and State program providing financial assistance to individuals with low incomes to enable them to receive medical care. The United States Centers for Medicare and Medicaid Services (CMS) makes quarterly grant awards to each participating State covering an amount, commonly known as the Federal share, of the State’s expenditures for healthcare services covered by the State’s Medicaid plan. The Federal share is determined by a percentage rate in effect during the quarter in which the State paid the claims from health care providers. That rate is subject to change from quarter to quarter. Nursing homes and hospices typically submitted claims to Louisiana on the tenth day of the month following the month during which the services were actually provided. Louisiana then paid these claims, sought Federal reimbursement for those expenditures, and received Federal reimbursement based on the rate in effect at that time.
The United States alleged that the Louisiana Department of Health (LDH) knew that the rates determining the Federal share of Louisiana’s Medicaid payments were set to decrease following the months of December 2010, March 2011, June 2011, and September 2013. To receive the higher Federal share percentage rates in effect during these months, LDH fraudulently caused its healthcare contractor, Molina Medical Solutions, to prepare, submit, and pay claims for nursing home and hospice services in these months, before the providers had submitted to Louisiana any claims for them. Louisiana then claimed Federal reimbursement for those premature payments. As a result, the LDH received a Federal share based upon the higher percentage rate in effect in those months, rather than the lower percentage rate in effect the following months when the providers actually submitted claims to Louisiana.
This settlement was the result of an investigation by the U.S. Attorney’s Office for the Middle District of Louisiana, the Civil Division of the Department of Justice, and the U.S. Department of Health and Human Services Office of Inspector General.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Law Enforcement Rounds up Members of Birmingham-based Continuing Criminal Enterprise of Methamphetamine, Heroin, Fentanyl, and Cocaine ConspiracyRead the Press Release
BIRMINGHAM, Ala. -- Federal and local law enforcement today arrested 14 defendants indicted in November as part of a multi-million dollar continuing criminal enterprise and conspiracy to distribute heroin, fentanyl, cocaine, methamphetamine, and marijuana, mainly within western Jefferson County, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp, Jr., IRS-CID Special Agent in Charge Thomas J. Holloman, III, HSI Atlanta Acting Special Agent in Charge Robert Hammer, Bessemer Police Chief Michael Roper and Jefferson County Sheriff Mark Pettway.
Today's arrests brings to justice 14 people as a result of the three-year Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation into a West Jefferson County based drug-trafficking enterprise and conspiracy in a 58-count superseding indictment, which identified acts by the organization over a period of six years. The OCDETF agencies involved in this investigation are the FBI, IRS-CID, HSI, member agencies of the FBI North Alabama Safe Streets Task Force, the Jefferson County Sheriff’s Department, and Bessemer Police Department.
The man accused as the leader of the organization, ROLANDO ANTUAIN WILLIAMSON, 34, aka “Baldhead” and “Ball Head,” was already in custody and charged with the original federal indictment for possessing with intent to distribute a large quantity of heroin, methamphetamine, marijuana and firearms on Aug. 22, 2019. The North Alabama Safe Streets Task Force arrested an armed WILLIAMSON the morning of Aug. 22nd in the parking lot of the Publix grocery store located at 411 Green Springs Highway, Homewood, Alabama. WILLIAMSON was driving a 2016 Dodge Hellcat valued at $80,000 that was purchased with laundered money. At the time of arrest, WILLIAMSON possessed two loaded pistols (with additional loaded magazines) and almost $14,000 in cash.
Seized on that day from WILLIAMSON and three of his stash houses, were 366 grams of heroin/fentanyl, 109 grams of suspected cocaine, 573 grams of pure methamphetamine, and 52 kilos of marijuana. Found with the drugs was over $97,000 in cash, an arsenal of firearms, and ammunition.
"Today, a group of federal and local law enforcement officers dismantled a drug-trafficking operation charged with peddling the poison of methamphetamine, heroin, cocaine and marijuana onto the streets of our city,” Town said. “Much of the heroin was laced with the deadly drug fentanyl. This indictment represents years of dedicated work by the FBI, IRS-CID, HSI, Bessemer Police Department, the North Alabama Safe Streets Task Force, and prosecutors in my office.
"As a direct result of this enforcement action, the supply network for heroin/fentanyl, cocaine, methamphetamine, and marijuana in Bessemer and other areas of Jefferson County has been severely disrupted," Sharp said. "I applaud the hard work and teamwork exhibited by my agents, along with our partners of OCDETF- IRS-CI, HSI, Bessemer Police Department, and the member agencies of the North Alabama Safe Streets Task Force, who once again demonstrated the importance of combining the strengths, resources and expertise of federal and local agencies to fight these drug-trafficking networks.”
“HSI is committed to working with our law enforcement partners to remove criminals and dangerous drugs from our communities,” said Robert Hammer, acting Special Agent in Charge of HSI Atlanta. “These people will be held accountable for threating public safety with their poison.”
WILLIAMSON is charged with the “Kingpin Statute,” a count of continuing criminal enterprise, a serious charge reserved for principal orchestrators who obtain substantial income or resources from drug trafficking enterprises involving several persons and substantial amounts of drugs. If convicted, WILLIAMSON will spend the rest of his life in prison.
According to the indictment, 18 people are charged with conspiracy to distribute heroin/fentanyl, methamphetamine, cocaine, and marijuana between March 2013 and August 2019. In addition to Williamson, those defendants are LEANTHONY MARTEZ GILLINS, 32, also known as “Fat Man,” SIRTERRIOUS ARZAVIA LEE, 32, also known as “Sir,” ERRICK DIONN DANIEL, 34, also known as “E,” ANTONIUS TREKELLE HAYES, 30, ADRIEN HIRAM TAYLOR, 31, also known as “Slim,” KLONDE DELVIUM HATTER, 24, KENNETH RENELL JOHNSON, JR., 33, ISHMYWEL CALID GREGORY, 35, also known as “C,” ISAAC RASHAD ROBINSON, 30, also known as “Ike, CHRISTOPHER ALLEN COOK, 31, KYLER DESHARD HATTER, 23, JANAYA LENISE BIBB, 34, DARIUS LAMAR JOHNSON, 36, also known as “Murc,” TEVION RASHAD POOLE, 27, HENDARIUS LAMAR ARCHIE, 33, also known as “Hen,” and YOLANDA MILTON, 48.
The indictment separates defendants by the amount and type of drug attributable to them through their actions in the drug-trafficking conspiracy.
WILLIAMSON, GILLINS, D.L. JOHNSON, DANIEL, LEE, ARCHIE HAYES, TAYLOR, and THOMAS, 1,000 grams or more of heroin, 10 years to life;
WILLIAMSON, GILLINS, D.L. JOHNSON, DANIEL, LEE, ARCHIE, HAYES, and GREGORY, 5 kilos or more of cocaine, 10 years to life;
WILLIAMSON, GREGORY, ROBINSON, Klonde HATTER, Kyler HATTER, BIBB, TAYLOR, and K.R. JOHNSON, Jr. fifty grams or more of methamphetamine, 10 years to life;
POOLE, BIBB, K.R. JOHNSON, Jr., and Kyler HATTER, 100 grams or more of heroin; 5 years to 40 years;
WILLIAMSON, GILLINS, POOLE, DANIEL, LEE, ARCHIE, THOMAS ROBINSON, and COOK, 100 kilos or more of marijuana; 5 years to 40 years.
The superseding indictment charges the additional crimes with accompanying imprisonment ranges:
WILLIAMSON is charged with carrying, using and possessing firearms during and furthering his drug trafficking crimes; imprisonment for not less than 5 years nor more than life.
GILLINS, LEE, and DANIEL are charged with possessing with intent to distribute cocaine and marijuana; imprisonment for not more than 20 years.
HAYES is charged with distributing heroin; imprisonment for not more than 20 years.
TAYLOR and Klonde HATTER are charged with distributing methamphetamine; imprisonment 10 years to life.
GREGORY is charged with distributing cocaine; imprisonment for not more than 20 years.
ROBINSON is charged with possessing with the intent to distribute methamphetamine; imprisonment for 10 years to life.
COOK is charged with distributing marijuana and possessing a firearm in furtherance of his drug trafficking; imprisonment for 5 years to life.
The indictment includes forty counts of telephone communications among most of the defendants facilitating the drug trafficking enterprise.
The indictment charges WILLIAMSON and YOLANDA MILTON with money laundering.
The indictment seeks forfeiture of $10,000,000 in profits, all vehicles with equitable value, almost $20,000 in jewelry, all firearms and ammunition used to facilitate the drug trafficking enterprise.
The minimum prison penalty for possessing a firearm in furtherance of a drug-trafficking crime is five years in prison, which must be served after completion of any other sentenced related to the crime. The maximum penalty for being a convicted felon in possession of a firearm is 10 years in prison.
Each count of using a telephone in furtherance of a drug-trafficking crime carries a maximum penalty of four years in prison.
The FBI, the IRS-CID, HSI, FBI’s North Alabama Safe Streets Task Force, and the Bessemer Police Department investigated the case, which Assistant U.S. Attorneys Jonathan S. Cross and Gregory R. Dimler are prosecuting.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Law Enforcement Officers Join Gray-New Gloucester High School Students for a Day of LearningRead the Press Release
Portland, Maine: U.S. Attorney Halsey B. Frank announced today that on November 18, 2019, the U.S. Attorney’s Office for the District of Maine, the Cumberland County District Attorney’s Office, the Cumberland County Sheriff’s Office, the FBI, the Lewiston Police Department and the Portland Police Department will present the TRUST (Teach mutual Respect and Understanding through SimulaTion) Program to about 50 students at Gray-New Gloucester High School, located at 10 Libby Hill Road in Gray.
The TRUST Program offers students an opportunity to meet with representatives of the criminal justice community and ask them questions, share their perceptions of law enforcement and interact with law enforcement officers in a familiar setting. Law enforcement officers also provide students with their perspective on responding to dangerous or uncertain circumstances and the importance of remaining calm and following the officers’ directions in these situations.
The half-day program will start at 9:00 a.m. and conclude at about 1:00 p.m. It will include: (1) presentations about investigating, prosecuting and sentencing in criminal cases; (2) student role-playing exercises involving a call for service for a domestic disturbance complaint and a traffic stop; and (3) use of force simulations.
OPEN PRESS (except for the use of force simulations; simulator equipment will be made available to the press at the conclusion of the simulations). Students with media permissions will be identified.
NOTE: All media must RSVP to [email protected], arrive by 8:45 a.m. and possess a government-issued photo I.D. (such as a driver’s license) as well as valid media credentials.
The U.S. Attorney’s Office for the District of Maine is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. For more information about the U.S. Attorney’s Office, visit https://www.justice.gov/usao-me.