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Tuesday 1 October 2019
Two Time Convicted Federal Felon Sentenced for Possession of A FirearmRead 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 Raul Abidel Martinez, 39, of Rochester, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to serve 54 months in prison by Chief U.S. District Judge Frank P. Geraci. Jr.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that on December 4, 2018, the defendant possessed firearms, including a .38 caliber revolver, a 12 gauge shotgun, and an AM-15 rifle, as well as 56 rounds of various caliber ammunition. Specifically, Martinez possessed the .38 caliber revolver in his waistband, and the 12 gauge shotgun in a backpack, while he was in the vicinity of 1215 Wall Road in Webster, NY. The defendant also possessed the AM-15 rifle and ammunition at his residence on Portland Avenue in Rochester.
Previously, in November 2007, Martinez was convicted on a federal charge of being a felon in possession of a firearm and sentenced to serve 46 months in prison. Subsequently, on March 26, 2015, the defendant was convicted on a federal bank robbery charged and sentenced to serve an additional 51 months in prison plus nine months in prison on a violation of supervised released. As a result of those federal convictions, Martinez is legally prohibited from possessing a gun.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Webster Police Department, under the direction of Chief Joseph Rieger; the U.S. Probation Department, under the director of Chief Probation Officer Anthony SanGiacomo, and the Rochester Police Department, under the direction of Chief La’Ron Singletary.
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Two Plead Guilty in Large-Scale Cocaine Trafficking SchemeRead the Press Release
PITTSBURGH - One resident of Florida and another resident of New Jersey pleaded guilty in federal court to charges of conspiring to distribute kilograms of cocaine and possession with intent to distribute kilograms of cocaine, United States Attorney Scott W. Brady announced today.
Danny Jackson, age 33, of Pine Hill, NJ pleaded guilty to a charge of conspiracy to distribute five kilograms or more of cocaine and a second charge of possession with intent to distribute five kilograms or more of cocaine before Senior United States District Judge Donetta W. Ambrose.
Moussa Jabateh, age 32, a citizen of Liberia who was residing in Miami, FL, pleaded guilty to a charge of conspiracy to distribute 500 grams or more of cocaine. Jabateh also consented to his removal from the United States after serving his prison sentence here.
In connection with the guilty plea, the court was advised that from October 2017 through July 2018, Jackson, Jabateh, and their co-conspirators conspired to distribute between 50 to 150 kilograms of cocaine in the Western District of Pennsylvania. Jabateh obtained the supply of cocaine, and Jackson physically transported kilograms of cocaine via bus from Philadelphia to Pittsburgh roughly twice a month for the nine-month period. In connection with this investigation, the United States seized nearly $8,000,000 in cash and other assets; 42 kilograms of cocaine; 12 kilograms of fentanyl; three kilograms of heroin; and 121 grams of oxycodone.
Senior Judge Ambrose scheduled sentencing for both defendants on March 24, 2020 at 10:00 and 11:00 a.m. For Jackson the law provides for a total sentence of not less than 10 years and up to life in prison, a fine of $10,000,00, or both. For Jabateh, the law provides for a total sentence of not less than five years and up to 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history of the defendants.
Pending sentencing, the court continued the detention of both defendants.
Assistant United States Attorneys Tonya Sulia Goodman and Mark V. Gurzo are prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Investigation Greater Pittsburgh Safe Streets Task Force, which includes the Pittsburgh Bureau of Police, the Allegheny County Sheriff’s Office, the Pennsylvania Attorney General’s Office, the Wilkinsburg Police Department, and the Allegheny County Adult Probation Office, conducted the investigation that led to the prosecution of Jackson and Jabateh.
Two Men Charged with Federal Offenses after Investigation into Straw Purchases of FirearmsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that JAMAR SMITH, also known as “JT,” 37, of Bridgeport, and JOHN FLANNERY, III, 29, of East Hartford, have been charged with various federal offenses related to the straw purchases of firearms.
As alleged in court documents, Smith has been previously convicted in state court of multiple felony offenses and, as a convicted felon, is prohibited from purchasing or possessing firearms and ammunition. In March 2019, Smith recruited Flannery, who had a valid Connecticut pistol permit, to purchase firearms for Smith and his associates. On three occasions in March and April 2019, Flannery purchased semiautomatic pistols at federally licensed firearms dealers in Bridgeport and East Hartford, typically with cash that Smith had given him. During each of the transactions, Flannery was required to complete an ATF Form 4473. On the forms, Flannery falsely marked “Yes” in response to the question “Are you the actual buyer of the firearm(s) listed on the form?” He also marked “No” in response to the question “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
It is alleged that Flannery provided the three firearms to Smith.
It is further alleged that, on April 17, 2019, after the Bridgeport firearms dealer had refused to sell Flannery another handgun and subsequently alerted the Connecticut State Police, Flannery unsuccessfully attempted to purchase two semiautomatic pistol at a firearms dealer in Newington.
It is also alleged that Flannery, at Smith’s direction, told the Connecticut State Police that he was purchasing firearms to start a licensed security business.
Flannery was arrested on state charges on July 23, 2019. On August 7, a grand jury in Bridgeport returned an indictment charging him with two counts of making a false statement during the purchase of a firearm, and two counts of transfer of a firearm to a prohibited person. Each offense carries a maximum term of imprisonment of 10 years. He is released on a $100,000 bond pending trial.
On September 10, 2019, Smith was arrested on a federal criminal complaint. On September 19, a grand jury in Bridgeport returned an indictment charging him with one count of conspiracy to make a false statement during the purchase of a firearm, an offense that carries a maximum term of imprisonment of five years; four counts of aiding and abetting the making of false statements during the purchase of a firearm, and three counts of possession of a firearm by a convicted felon, offenses that carry a maximum term of imprisonment of 10 years on each count.
Smith appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charges. He has been detained since his arrest.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Karen L. Peck.
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 neighborhoods safer for everyone.
Two Illinois Men Sentenced for Stealing 366 FirearmsRead the Press Release
Memphis, TN – Two Illinois men have been sentenced to a total of 109 months in federal prison for transporting and possession of stolen firearms. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on September 30, 2018, at approximately 3:45a.m., Memphis Police responded to a theft at the United Parcel Services ("UPS") facility located at 1803 E. Brooks Road. Three hundred and twenty-two (322) Ruger .380 caliber pistols and forty-four (44) Ruger .22 caliber pistols were stolen from a shipment of firearms. Roland Jackson, 25, and Taveyon Turnbo, 19, both from Chicago, Illinois, removed the firearms from a tractor-trailer and loaded them onto a U-Haul van. They fled the scene in the U-Haul van when police arrived and drove back to Illinois.
At approximately 3:05 p.m., the Midlothian, Illinois Police Department received a suspicious vehicle call involving a U-Haul at a Walgreens located on W. 148th Street in Midlothian. When officers arrived, they located Jackson in the driver’s seat and Turnbo in the front passenger’s seat of the U-Haul. After obtaining their identification, officers determined that Jackson’s driver’s license was suspended. Officers then observed a gun box with the "Ruger" logo on it.
When officers ordered Jackson and Turnbo from the vehicle, they locked the vehicle and attempted to start it. After an officer struck the window of the vehicle to detain the suspects, they exited the vehicle and ran. Turnbo was subsequently located and arrested. Jackson was able to escape. On October 3, 2018, Jackson surrendered to police in Chicago, Illinois. Law enforcement recovered three hundred and sixty-two (362) of the three hundred sixty-six (366) stolen firearms from the U-Haul van in Midlothian.
Law enforcement determined that the U-Haul van was rented on September 26, 2018 in Chicago, Illinois. Surveillance video from the U-Haul store showed Jackson entered the store with a female and rented the van with stolen identification.
Roland Jackson pled guilty to transporting stolen firearms in interstate commerce, possessing stolen firearms, and being a convicted felon in possession of firearms.
Taveyan Turnbo pled guilty to transporting stolen firearms in interstate commerce and possessing stolen firearms.
U.S. Attorney D. Michael Dunavant said, "Cargo theft from shipping facilities that interrupts and threatens interstate commerce must be dealt with swiftly and certainly. Cargo theft of hundreds of firearms is especially dangerous, and threatens the lives of countless citizens. We are thankful that almost all of the stolen firearms were recovered due to the quick action and outstanding investigation by local and federal law enforcement, and we appreciate the coordination and partnership with the U.S. Attorney’s Office for the Northern District of Illinois in this disturbing case. Interstate trafficking of stolen firearms will be met with aggressive prosecution in order to protect public safety."
ATF Special Agent in Charge Marcus Watson said, "Reducing the potential for violent crime that have negative effects to the neighborhoods throughout the region was critical due to ATF partnering with our state, local and federal counterparts. The sentencing illustrates the effective partnerships with law enforcement, the private sector and the community."
"The sentencings today were the culmination of a collective effort between federal and local law enforcement that ultimately kept stolen weapons off the streets and prevented their use in future violence," said M.A. Myers, Special Agent in Charge of the Memphis Field Office of the FBI. "The FBI, through strong partnerships with federal, state and local law enforcement via task forces and other relationships will continue to work to ensure the safety of our communities."
On September 27, 2019, U.S. District Court Judge Sheryl H. Lipman sentenced both men to a total of 109 months followed by 3 years supervised release.
This case was investigated by the ATF; FBI Cargo Theft Task Force; Midlothian, Illinois Police Department and the Memphis Police Department, during which all of the stolen firearms were safely and successfully recovered.
Assistant U.S. Attorney Marques T. Young prosecuted this case on behalf of the government.
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Two Convicted for Aiding the Flight of Accused Killer of Newman Police CorporalRead the Press Release
FRESNO, Calif. — Monday, a federal jury in Fresno convicted two defendants for assisting in an effort to help Paulo Virgen Mendoza’s escape from California to Mexico after he allegedly killed Newman Police Corporal Ronil Singh during a traffic stop, U.S. Attorney McGregor W. Scott announced.
Virgen Mendoza’s brother, Conrado Virgen Mendoza, 34, an illegal alien from Colima, Mexico, residing in Chowchilla; and friend, Erik Quiroz Razo, 28, an illegal alien from Michoacán, Mexico residing in Merced, were found guilty of conspiring to aid and abet Paulo Virgen Mendoza’s flight to avoid prosecution for murder. The jury acquitted other family members, Erasmo Villegas Suarez, 36, and Maria Luisa Moreno, 57, both of the Bakersfield-Lamont area. However, Villegas and Moreno have been issued notices to appear initiating deportation proceedings and Villegas faces additional federal charges relating to fraud involving identification documents. Villegas is scheduled to appear in court on Oct. 21 in connection with that case, and he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Paulo Virgen Mendoza’s girlfriend, Ana Leydi Cervantes Sanchez, 31, an illegal alien from Michoacán, Mexico, who was residing with Paulo in Newman, was sentenced today to one year and one day in prison after previously pleading guilty to conspiring to aid and abet Paulo’s flight to avoid prosecution for murder, conspiring to harbor an illegal alien, and harboring an illegal alien. Paulo Virgen Mendoza is an illegal alien from Colima, Mexico. Virgen Mendoza’s brother, Adrian Virgen Mendoza, 26, an illegal alien from Colima, Mexico, previously pleaded guilty to conspiring to aid and abet his brother’s flight to avoid prosecution for murder and was sentenced to one year and nine months in prison. Moreno’s husband, Bernabe Madrigal Castañeda, 60, an illegal alien of Colima, Mexico, also previously entered a guilty plea to the conspiracy and was sentenced to one year and one day in prison. Cervantes, Adrian Virgen Mendoza, and Madrigal have been issued notices to appear initiating deportation proceedings after serving their prison terms.
According to court documents and evidence presented at trial, in the early morning hours of Dec. 26, 2018, Paulo returned to his residence in Newman after killing Newman Police Corporal Ronil Singh during a traffic stop. In the following two days, Paulo’s friends and relatives conspired together to help him escape to Mexico. Conrado, Quiroz, Cervantes, Adrian Virgen Mendoza, and Madrigal were aware from news coverage, social media, and from cellphone alerts that Paulo was wanted for murder of an officer. Nevertheless, Conrado and Quiroz helped him to conceal his truck and drove him to various locations, and Quiroz disposed of Paulo’s loaded firearm. Cervantes provided Paulo with clothes, and Madrigal provided him with food and shelter.
As part of the conspiracy, Adrian Virgen Mendoza arranged for a smuggler to take Paulo across the border, and Adrian and Madrigal purchased a new cellphone for Paulo to use to communicate with the smuggler. On Dec. 28, SWAT officers were deployed to Moreno and Madrigal’s residence after receiving information that Paulo was there. Paulo was then arrested for murder.
Throughout the manhunt, there were immediate and widespread media reports and various alerts indicating that Paulo was wanted for killing Corporal Singh, identifying Paulo as an illegal alien, and showing Paulo’s photograph and the truck that he was driving at the time of the shooting. None of the defendants notified the authorities of their contacts with Paulo when they learned that he was wanted. Ultimately, Conrado directed law enforcement officers to the dumpster where Quiroz had thrown the gun.
This case is the product of an investigation led by Homeland Security Investigations and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement, Enforcement and Removal Operations; Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; Southern Tri-County HIDTA; Bureau of Alcohol, Tobacco, Firearms, and Explosives; California Highway Patrol; California Department of Justice, the Sheriffs’ Offices for Kern, Merced, and Santa Cruz Counties; and the Police Departments for Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorneys Karen A. Escobar, Laura D. Withers, and Michael G. Tierney are prosecuting the case.
Conrado Virgen Mendoza and Erik Quiroz Razo are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on January 13, 2020. They face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Two Arrested for Smuggling $287,000 into St. Thomas Following High-Speed Chase and Apprehension Near Savana IslandRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that charges have been filed against two men for attempting to smuggle approximately $287,000 into St. Thomas by boat. Arioc Diaz Melendez and Juan Carlos Diaz Melendez were arrested at 2:00 a.m. Monday morning and made their initial appearances in federal court on Monday afternoon in St. Thomas.
According to court documents, early Monday morning CBP Marine Unit agents identified a boat traveling without navigational lights north of Savana Island. CBP agents pulled their vessel alongside the 24-foot yola-type vessel that was operating without lights. CBP agents activated their police blue lights and discharged a flare, in an effort to convince the other vessel to yield. When CBP agents attempted to initiate a stop, the other vessel did not yield but instead increased speed. The CBP agents shot one round into one of the engines of the other vessel at which point the vessel decreased speed and stopped. The passenger threw a duffel bag overboard. The bag was recovered by CBP agents and later found to contain roughly $287,000 in U.S. currency. After CBP agents disabled one of the boat’s motor, they boarded the vessel, and apprehended the two defendants. The agents also recovered a Glock firearm.
This case is being investigated by the Department of Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Juan Albino.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Tucson Man Sentenced to 10 Years in Prison for Using the Dark Web to Distribute Drugs Throughout the United StatesRead the Press Release
TUCSON, Ariz. – On September 27, 2019, U.S. District Court Judge James Soto sentenced Gary Steven Colldock to 120 months in prison and ordered Colldock to pay a money judgment of $884,203.93 for Bitcoins obtained through his drug trafficking business. Colldock previously pleaded guilty to possession with intent to distribute methamphetamine.
During a two-week period in October 2015, Colldock mailed over 50 packages of illegal drugs to various buyers across the United States. The investigation revealed that Colldock was a prolific dark web vendor who used the pseudonym “Dr. White” to advertise illegal narcotics, prescription drugs, firearms, ammunition, and Bitcoin on the dark web. During the investigation, law enforcement officials seized various firearms at Colldock’s trailer where he ran his illegal business, over 4,000 rounds of ammunition, Bitcoins, and cash.
The investigation in this case was conducted by the United States Postal Inspection Service and the Drug Enforcement Administration. The prosecution was handled by Assistant U.S. Attorney Lori Price for the U.S. Attorney’s Office, District of Arizona, Tucson.
Three men admit producing child pornographyRead the Press Release
STATESBORO, GA: A third guilty plea filed in U.S. District Court this week wraps up an investigation of child pornographers.
Charles Casey Garner, 40, of Brooklet, Ga., pled guilty in U.S. District Court to one count of Production of Child Pornography, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Previously, Richard Hunt Moore Jr., 48, of Hephzibah, Ga., and Carl Scott Ruger, 40, of Guyton, Ga., each pled guilty to one count of Production of Child Pornography.
The charge carries a minimum sentence of 15 years in federal prison and up to 30 years, along with substantial fines, restitution and asset forfeiture. After completion of their federal sentences, each will serve a period of supervised release. There is no parole in the federal system.
A fourth target in the investigation committed suicide in Illinois before questioning.
According to court documents and testimony, the investigation began when Moore was found with a minor at a motel in Augusta. After questioning Moore, Columbia County Sheriff’s Office investigators and the FBI found child pornography on electronic devices in Moore’s possession.
Garner, Ruger and the fourth target were identified during the subsequent investigation that determined the men had been involved in the exploitation of a juvenile for the production of child pornography.
“The crimes these men committed are gut-wrenching and disgusting,” said U.S. Attorney Christine. “Our prosecutors and law enforcement partners won’t rest while a single one of these pedophile predators walks the streets. No matter what dark shadows they hide in, we will find them and drag their perverted crimes into the light.”
“The production of child pornography is an assault against the most vulnerable members of our society,” said Special Agent in Charge Chris Hacker of the FBI Atlanta field office. “The FBI is committed to protecting our children and working with our law enforcement partners to identify and apprehend predators who carry out these atrocious crimes.”
The cases were investigated by Homeland Security Investigations and the FBI, along with the Columbia County Sheriff’s Office and the Effingham County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorneys Tara Lyons and Marcela C. Mateo.
Three Chinese Nationals Using the Alias “Alex” Indicted in the United States for Conspiring to Import and Distribute Deadly OpioidsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Deyao Chen, Guichun Chen, and Liangtu Pan a/k/a Liang Pan, all of the People’s Republic of China, have been charged by indictment with the following: conspiracy to import controlled substances (one count); conspiracy to distribute controlled substances (one count); and distribution of furanyl fentanyl, U-47700, and methoxyacetyl fentanyl – all powerful synthetic opioids (62 counts). In a news conference at the U.S. Attorney’s Office, U.S. Attorney McSwain addressed the charges in the indictment and highlighted broader efforts of the U.S. Attorney’s Office for the Eastern District of Pennsylvania and law enforcement to stem the tide of the opioid crisis.
The indictment alleges that from in or about April 2016 through on or about March 22, 2017, Deyao Chen, Guichun Chen, and Liangtu Pan operated through websites located in the People’s Republic of China and offered controlled substances for sale, including furanyl fentanyl, U-47700, and methoxyacetyl fentanyl. The defendants often used the same alias, “Alex,” when using these websites. Customers accessed these websites and selected the controlled substances they wanted to purchase, and the defendants directed the customers to different websites to pay for their orders.
Upon receipt of payment from the customers, the defendants emailed the customers’ orders to David Landis, charged elsewhere, who was a distributor residing in Montgomery County, Pennsylvania and a former Montgomery County Deputy Sheriff. The defendants mailed controlled substances from China to Landis in quantities sufficient to meet the orders from their internet customers. Landis would then mail the controlled substances via the United States Postal Service to customers located throughout the United States and in numerous other countries. In less than a year, Landis mailed approximately 2,900 packages of controlled substances to customers on behalf of the defendants. Landis has pleaded guilty and is awaiting sentencing.
Of the 62 distribution counts set forth in the indictment, one count alleges distribution of U-47700 to an individual which resulted in serious bodily injury. The remaining 61 distribution counts allege that the defendants distributed U-47700 and/or furanyl fentanyl to numerous individuals, including to five individuals in Georgia, Illinois, Ohio, and Tennessee who received these illegal substances and later overdosed and died with these controlled substances in their systems.
“Make no mistake: China is waging an undeclared war on our country and our American way of life, with deadly drugs serving as its weapon of choice,” said U.S. Attorney McSwain. “China is supplying the United States with the most potent and deadly fentanyl and other synthetic opioids on the market today. Today’s indictment is an important step in choking the flow of these deadly drugs into the Eastern District of Pennsylvania. International suppliers beware: you cannot hide behind a computer or evade our detection by drug trafficking from a far-away place. Even if you are halfway around the world, you will be held to account for your crimes.”
“This indictment sends a strong message to anyone connected anywhere in the world with production and trafficking of narcotics into the United States that Homeland Security Investigations and our law enforcement partners are going to hold you accountable,” said Marlon V. Miller, Special Agent in Charge of Homeland Security Investigations, Philadelphia. “Whether you’re selling fentanyl on a corner in Kensington or hiding behind a keyboard in China, Homeland Security Investigations will ensure that justice will be served.”
“The indictments announced today are the result of years of exemplary policework and collaboration at all levels of law enforcement,” said Major Douglas Burig, Director of the Pennsylvania State Police Bureau of Criminal Investigation. “The State Police will continue to work closely with our local, state, and federal partners to investigate and dismantle dangerous drug trafficking organizations that attempt to do business in Pennsylvania.”
“David Landis’ base of trafficking operations may have been Montgomery County, but his reach was global, spreading poison, misery and death far and wide. Because of traffickers like Landis, people are dying across the Commonwealth and across the country,” said Montgomery County District Attorney Kevin Steele. “I am proud to partner with United States Attorney McSwain and our other state and federal partners as we work to take down these dealers, shut down these drug pipelines and get this poison out of our communities.”
If convicted, the defendants face a maximum possible sentence of life imprisonment.
This Organized Crime Drug Enforcement Task Force (OCDETF) designated case was supported by the Liberty Mid-Atlantic High Intensity Drug Trafficking Area (LMAHIDTA) and investigated by Homeland Security and the Pennsylvania State Police, with assistance from the following law enforcement agencies: Drug Enforcement Administration; U.S. Postal Inspection Service; United States Postal Service-Office of Inspector General; United States Secret Service; U.S. Customs and Border Protection; the Pennsylvania National Guard; Mentor-on-the-Lake Police Department, Ohio; La Vergne, Tennessee Police Department; Floyd County, Georgia Police Department; Hebron, Ohio Police Department; and the Tri-County, Illinois Drug Enforcement Task Force. It is being prosecuted by Assistant United States Attorneys Clare Putnam Pozos and Faithe Moore Taylor, and Special Assistant United States Attorney Samantha Thompson.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
The Department of Veterans Affairs - Office of Inspector General and Department of Justice Announce Veterans Affairs Health Care Fraud Task ForceRead the Press Release
The Department of Veterans Affairs Office of Inspector General (VA-OIG) and the Department of Justice today announced the establishment of the VA Health Care Fraud Task Force to combat fraud in VA’s expanding health care programs.
The Task Force combines VA-OIG’s substantial experience investigating health care fraud at VA with the Justice Department’s proven track record prosecuting health care fraud through its Medicare Fraud Strike Force, which resides within the Criminal Division’s Fraud Section. The Task Force initially will focus on investigating and prosecuting health care fraud in VA’s growing Community Care program, under which eligible veterans may receive health care from a private provider in their community (rather than from a VA medical facility), similar to the Medicare program. As part of the Task Force, a VA-OIG attorney will be detailed to serve as a special prosecutor in the Health Care Fraud Unit of the Fraud Section.
The VA operates the nation’s largest integrated health care system, providing care to approximately nine million veterans at over 1,200 medical facilities. Beginning on June 6, 2019, the VA MISSION Act significantly increased veterans’ access to health care by expanding their ability to receive health care from approved non-VA providers (referred to as community care providers). As with the Medicare program, these community care providers submit claims to the VA for payment for their services.
“It is beyond the pale when individuals commit fraud against health care programs designed to assist the men and women who have served in our nation’s military,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “This new Task Force leverages the proven success of the Department’s Strike Force model and will aggressively target fraud in the VA’s expanding health care programs.”
“Combating health care fraud is one of our highest priorities at VA-OIG,” said VA Inspector General Michael J. Missal. “Our agents in the VA-OIG are experts at detecting and investigating health care fraud in VA’s complex and diverse health care system. We are enthusiastic about the opportunity to tap into the wealth of knowledge and expertise of DOJ and the Medicare Fraud Strike Force, particularly in the fee-for-service environment. As the VA MISSION Act expands VA’s Community Care program, this is one of those rare opportunities in government where we can be proactive and get ahead of the curve by partnering with the Fraud Section and leveraging its proven strategies for combating fraud in the Medicare program. This Task Force sends a clear message to anyone considering committing health care fraud at VA – we will protect our veterans’ health care system at all costs.”
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In coordination with the recently announced Medicare Fraud Strike Force enforcement actions, VA-OIG partnered with the Department to bring charges in cases impacting VA’s health care programs in August and September 2019. These cases are being investigated by agents from the FBI, HHS-OIG, IRS-CI and other federal law enforcement agencies and are being prosecuted by the Fraud Section.
Among those charged are the following:
In the Northern District of Texas:
Jamshid Noryian, Dehshid Nourian, Christopher Rydberg, Leyla Nourian, Ashraf Mofid, Leslie Benson, Michael Taba and Ali Khavarmanesh were charged for their alleged participation in a scheme to defraud the Department of Labor-Office of Worker’s Compensation and Blue Cross Blue Shield and conspiracies to launder money and evade the payment of taxes through Ability Pharmacy, Industrial & Family Pharmacy and Park Row Pharmacy, all located in the Dallas/Fort Worth area of Texas. As part of the scheme, the defendants allegedly provided unnecessary and expensive creams to VA employees and employees of other federal agencies, that were billed to DOL-OWCP. The case was investigated by the VA-OIG, USPS-OIG, DOL-OIG and IRS-CI and is being prosecuted by Assistant Chief Adrienne Frazior of the Fraud Section.
Nilesh Patel, Craig Henry and Bruce Henry were charged for their alleged participation in a scheme to defraud TRICARE through marketing company RxConsultants and a compounding pharmacy located in Fort Worth, Texas. The case was investigated by the VA-OIG, FBI and HHS-OIG and is being prosecuted by Trial Attorney Carlos Lopez of the Fraud Section.
In the Southern District of Mississippi:
Wade Ashley Walters, 52, of Hattiesburg, Mississippi, a co-owner of numerous compounding pharmacies and pharmaceutical marketing companies, was charged for his alleged role in a scheme to defraud TRICARE and other private health insurance companies by paying kickbacks to practitioners and marketers for the prescribing and referring of fraudulent prescriptions for medically unnecessary compounded medications that were ultimately dispensed by his pharmacies, as well as for his alleged role in a scheme to launder the proceeds of the fraud scheme. The indictment alleges that, based on these fraudulent prescriptions, Walters caused TRICARE and other health care benefit programs to reimburse his and other compounding pharmacies more than $510 million. Assistant Deputy Chief Dustin Davis and Trial Attorney Sara Porter of the Fraud Section, Trial Attorneys Amanda Wick and Stephanie Williamson of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorney Mary Helen Wall of the Southern District of Mississippi are prosecuting the case.
Gregory Auzenne, M.D., 49, and Tiffany Clark, 45, both of Meridian, Mississippi, were charged for their alleged participation in a scheme to defraud TRICARE and other private health insurance companies by prescribing medically unnecessary compounded medications in exchange for kickbacks and bribes. The indictment alleges that Auzenne and Clark caused the submission of over $1.6 million in fraudulent claims to TRICARE. Trial Attorneys Jared Hasten and Sara Porter of the Fraud Section and Assistant U.S. Attorney Mary Helen Wall are prosecuting the case.
A complaint, information or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The VA OIG conducts oversight of VA programs and operations, providing independent and objective reporting to VA and Congress in order to prevent and detect fraud, waste and abuse, as well as enhance VA’s integrity, efficiency and effectiveness. To report potential fraud, waste, mismanagement, or other abuse, contact the VA OIG Hotline at www.va.gov/oig/hotline/default.asp.
The Fraud Section leads the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts. The Medicare Fraud Strike Force is a partnership among DOJ’s Criminal Division, U.S. Attorney’s Offices, the FBI and the Department of Health and Human Services Office of Inspector General (HHS-OIG). Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 4,200 defendants who have collectively billed the Medicare program for more than $19 billion.
Springfield Man Sentenced to 17 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man was sentenced in federal court today for his role in a conspiracy to distribute more than four kilograms of methamphetamine in Greene County, Mo.
Loueadry Earl John Powell Jr., 31, was sentenced by U.S. District Judge M. Douglas Harpool to 17 years and six months in federal prison without parole.
On April 8, 2019, Powell pleaded guilty to participating in a conspiracy to distribute methamphetamine from March 22 to June 22, 2017, and to possessing methamphetamine with the intent to distribute.
The investigation began when a federal postal inspector in Los Angeles, California, identified two suspicious parcels addressed to separate Springfield addresses on June 19, 2017. A federal postal inspector and Springfield police officers conducted a controlled delivery of one of those parcels. Although the parcel was not addressed to him by name, Powell was contacted at the residence of the address and accepted the package.
A controlled delivery of the second package was attempted, but the residence appeared to be unoccupied and no one answered the door.
Each of the parcels contained 2,234.2 grams of methamphetamine with a purity level ranging from 95 to 100 percent.
This case was prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the U.S. Postal Inspection Service, the Missouri State Highway Patrol, and the Springfield, Mo., Police Department.
Springdale Man Pleads Guilty to Bank RobberyRead the Press Release
Fort Smith, AR – Duane (DAK) Kees, United States Attorney for the Western District of Arkansas, announced today that Jaime Leonel Reinosa-Salguero, of Springdale, Arkansas, has pleaded guilty to one count of Bank Robbery and one count of Use of a Firearm During and in Relation to a Crime of Violence. The Honorable P.K. Holmes III accepted the plea in the United States District Court in Fort Smith on October 1, 2019.
According to court records, Reinosa-Salguero entered the Arvest Bank in Alma at approximately 10:38 a.m. on May 29, 2019. He approached the teller and demanded money while brandishing a firearm. The teller placed a large amount of currency into Reinosa-Salguero’s backpack. Reinosa-Salguero then fired one round from his handgun directly over the teller’s head and the bullet impacted the north wall near the ceiling. Reinosa-Salguero then fled the bank. A short time later, Reinosa-Salguero was located traveling northbound on Interstate 49. When Arkansas State Police initiated a traffic stop and ordered him to exit the vehicle, Reinosa-Salguero refused and fled, reaching speeds in excess of 100 m.p.h. During the pursuit, Reinosa-Salguero fired multiple rounds at the trooper who returned fire and struck Reinosa-Salguero. At approximately 11:12 a.m., the trooper performed a pursuit intervention technique causing Reinosa-Salguero’s vehicle to crash near the 55 mile marker. A subsequent search of the vehicle and surrounding area revealed the firearm used in the robbery, the money taken from the bank, and 15 rounds of ammunition. Arvest Bank’s deposits were insured by the Federal Deposit Insurance Corporation.
Reinosa-Salguero’s sentence will be determined by the court at a later date. In this case, Reinosa-Salguero faces a maximum sentence of 20 years imprisonment for the bank robbery and life imprisonment for the use of a firearm.
The investigation was conducted by the Alma Police Department, Arkansas State Police and FBI. Assistant United States Attorney David Harris is prosecuting the case for the United States.
Sioux City Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on September 30, 2019, in federal court in Sioux City to 15 years in federal prison. Armondo Grimaldo pled guilty May 2, 2019, in federal court in Sioux City.
Armondo Grimaldo, 33, from Sioux City, Iowa, was convicted of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. Grimaldo was previously convicted of possession with intent to distribute methamphetamine in 2015 in Woodbury County, Iowa.
At the plea hearing, on May 2, 2019, Grimaldo admitted his involvement in a conspiracy that distributed more than 4 pounds of meth in the Sioux City, Iowa area from September 2018 through November 2018. On November 16, 2018, law enforcement conducted a traffic stop on a vehicle operated by Grimaldo, for fraudulent license plates. During a search of Grimaldo and his vehicle, five separate baggies, each containing methamphetamine (total of more than ½ pound), $6,351 and a collapsible baton, all in close proximity with each other were located and seized.
Grimaldo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Grimaldo was sentenced to 180 months’ imprisonment. He must also serve a 10-year term of supervised release after the prison term. There is no parole in the federal system. Grimaldo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4088.
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Senior Living Facility Caregiver Sentenced to 18 Months in Prison for Defrauding 92-Year-Old VictimRead the Press Release
TUCSON, Ariz. – On September 27, 2019, U.S. District Court Judge Jennifer Zipps sentenced Faye Ann Singer to 18 months in prison for defrauding a 92-year-old vulnerable- victim. The court also ordered Singer to pay $93,378.25 in restitution for the victim’s losses. Singer previously pleaded guilty to bank fraud.
Singer worked as a caregiver at a senior living facility where the victim resided. Singer admitted that she gained access to the victim’s banking information while working at the facility. For 17 months, Singer wrote checks for her own personal benefit out of the victim’s account and used the victim’s account information to electronically pay her own bills. The victim was unaware that Singer had the victim’s bank account information or that Singer was stealing money from the account.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Assistant U.S. Attorney Lori Price for the U.S. Attorney’s Office, District of Arizona, Tucson.
Rochester Woman Pleads Guilty to Being A Felon in Possession of A FirearmRead 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 Janet Flores, 44, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm, before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on May 30, 2018, the defendant, acting together with others, sold an AM-15 rifle to a confidential source in exchange for $1,100 in cash. Previously, in September 2017, Flores was convicted of Attempted Criminal Possession of a Controlled Substance in the Third Degree, and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief La’Ron Singletary, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito.
The case was brought by the U.S. Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sentencing is scheduled for December 19, 2019, at 3:00 p.m. before Judge Larimer.
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Record Attendance at Cybersecurity Roundtable, 100+ Business, Tech, Law Enforcement Leaders ParticipateRead the Press Release
Columbus — Leaders from several of west Georgia’s largest companies discussed the most pressing cybersecurity threats facing businesses at a roundtable meeting held in Columbus, Georgia on Friday. The U.S. Attorney’s Office for the Middle District of Georgia (USAO MDGA) and the Columbus Chapter of the Institute of Internal Auditors (IIA) organized a joint Cybersecurity Roundtable, a half-day event on September 27, 2019 featuring presentations from law enforcement agencies that fight cybercrimes as well as opportunities for key leaders within these organizations to speak frankly about the threats they face. This was the first IIA Columbus Chapter Cybersecurity Roundtable, and the largest attendance ever at an IIAColumbus Chapter meeting.
“Cybercrime is on the rise in the United States and in the Middle District of Georgia. Our office is committed to working with our business community and law enforcement to identify, arrest and prosecute cybercriminals, wherever they are. The first step in fighting cybercrime is to educate businesses, individuals and law enforcement on the landscape of threats, how to prevent an incident and how to best respond to threats,” said Charlie Peeler, the U.S. Attorney for the Middle District of Georgia. “I want to thank the Columbus Chapter of the Institute of Internal Auditors and the Columbus business community for their support in this important conference. Working together, we can better protect our citizens and businesses from cybercrime."
“The IIA Columbus Chapter was proud to partner with the U.S. Attorney’s Office to present the Cybersecurity Roundtable in Columbus. As evidenced by our record attendance of over 100 people, cybersecurity is a key risk to businesses in Columbus and important topic of interest to the IIA Columbus Chapter,” said Matt Jones, President, IIA Columbus Chapter. “The IIA Columbus Chapter would like to thank U.S. Attorney Peeler and his office for all of their hard work in preparation for the conference and for providing the subject matter experts for the cybersecurity conference.”
Industry experts and business leaders joined law enforcement experts from the FBI, Secret Service, Georgia Bureau of Investigation’s Georgia Cyber Crime Center (G3C), and the Department of Justice’s Computer Crime and Intellectual Property Section at the Cybersecurity Roundtable. 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.
Randolph County man sentenced for methamphetamine distributionRead the Press Release
ELKINS, WEST VIRGINIA – Jonathan Allen Mowery, of Harman, West Virginia, was sentenced today to 70 months incarceration for distributing methamphetamine, United States Attorney Bill Powell announced.
Mowery, age 37, pled guilty to one count of “Possession with Intent to Distribute Methamphetamine” in April 2019. Mowery admitted to distributing methamphetamine, also known as “ice,” in March 2017 in Randolph County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives and the Mountain Region Drug & Violent Crime Task Force investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. District Judge Thomas S. Kleeh presided.
Pottawattamie County Man Sentenced for Possession of Child PornographyRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on September 30, 2019, Jay R. Jahn, age 27, was sentenced by United States District Court Senior Judge Robert W. Pratt for Receipt of Child Pornography. Jahn was sentenced to five years in prison to be followed by a five year term of supervised release.
In July 2017, Carter Lake Police received a referral from the La Plata County Sheriff in Colorado regarding a 15 year old child who had received sexually explicit messages online from Jahn. A search warrant was obtained for Jahn’s residence, where officers located a computer and cell phone. A search of the electronic devices located images and videos of child pornography. Jahn pleaded guilty to this charge in May 2019.
This case was investigated by the La Plata County, Colorado Sheriff’s Office, Carter Lake Police Department, and Pottawattamie County Sheriff’s Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pottawattamie County Man Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on October 1, 2019, William Walter Batten, age 46, was sentenced by United States District Court Senior Judge Robert W. Pratt for Possession with Intent to Distribute Methamphetamine. Batten was sentenced to 10 years in prison, to be followed by a term of supervised release of five years.
In October 2018 Council Bluffs Police stopped a motorcycle driven by Batten and it was discovered he did not have a motorcycle endorsement or insurance. Batten was arrested and admitted he had methamphetamine in his motorcycle. A search warrant was obtained and officers located over 50 grams of methamphetamine. Batten pleaded guilty to this charge in March 2019.
This case was investigated by the Council Bluffs Police Department and the Southwest Iowa Narcotics Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Pittsburgh Man Charged with Illegally Possessing Multiple Drugs and a GunRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal drug trafficking and firearms laws, United States Attorney Scott W. Brady announced today.
The four-count Superseding Indictment named James W. Johnson, age 34, of the Hazelwood neighborhood in Pittsburgh, as the sole defendant.
According to superseding indictment, on December 30, 2016, Johnson possessed with the intent to distribute, and distributed, fentanyl. The superseding indictment further alleged, on January 2, 2017, Johnson possessed with intent to distribute quantities of crack cocaine, powder cocaine, fentanyl, and methamphetamine, as well as possessed a firearm in furtherance of a drug trafficking offense and as a convicted felon.
The law provides for a maximum total sentence of life in prison, a fine of $4,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. Indicate relevant bond/detention information if known
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco and Firearms, along with the Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon Charged with Violating Federal Drug and Gun LawsRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal narcotics and firearms laws, United States Attorney Scott W. Brady announced today.
The three-count Superseding Indictment named Kris Johnson, age 28, of 1613 Antrim Street, Pittsburgh, Pennsylvania, as the sole defendant.
According to superseding indictment, on or about November 9, 2017, Johnson possessed with the intent to distribute heroin and 28 grams or more of crack cocaine. Further, Johnson possessed firearms in furtherance of the drug trafficking crimes and was in possession of firearms and ammunition having been previously convicted of a felony. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of life in prison, a fine of $5,500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Allegheny County Sheriff’s Department conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Felon Charged with Illegally Possessing a Rifle and AmmunitionRead the Press Release
PITTSBURGH –A resident of Pittsburgh, PA, has been indicted by a federal grand jury in Pittsburgh on a charge of felon in possession of a firearm, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Dewayne Lashawn Poole, 41, 300 Anthony Street, Pittsburgh, PA 15210, as the sole defendant.
According to the Indictment presented to the court, on or about August 21, 2019, Poole possessed a 223 Rem/5.56 mm NATO caliber Smith & Wesson rifle, and ammunition. It is unlawful for Poole, who has previously been convicted of crimes punishable by a term of imprisonment exceeding one year, to possess a firearm or ammunition.
The law provides for a total sentence of not less than 15 years, but up to life in prison, a $250,000 fine, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Nicole Vasquez Schmitt is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh Bureau of Police conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Woman Charged with Possessing Heroin and FentanylRead the Press Release
PITTSBURGH, Pa – A former Philadelphia, Pennsylvania, resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count Superseding Indictment named Ana Rodriguez Gonzalez, age 31, as the sole defendant.
According to the Superseding Indictment, on or about May 1, 2019, Rodriguez Gonzalez possessed with the intent to distribute one kilogram or more of heroin and 400 grams or more of fentanyl.
The law provides for a maximum sentence of not less than 10 years in prison, a fine of not more than $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brian M. Czarnecki will prosecute this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation leading to the Superseding Indictment in this case.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Paterson Police Officer Admits Conspiring to Violate Civil Rights, Using Excessive Force, and Filing False Police ReportRead the Press Release
NEWARK, N.J. – A City of Paterson police officer today admitted conspiring with other officers to violate the civil rights of individuals in Paterson, using unreasonable and excessive force, and filing a false police report to conceal his criminal activity, U.S. Attorney Craig Carpenito announced.
Police Officer Daniel Pent, 32, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with conspiracy to violate individuals’ civil rights, using unreasonable and excessive force in violation of individuals’ civil rights, and filing a false police report.
According to documents filed in this and other cases and statements made in court:
Pent, along with Paterson police officers Eudy Ramos, Jonathan Bustios, Matthew Torres, Frank Toledo, and others, stopped and searched motor vehicles, without any justification, and stole cash and other items from the occupants. Pent and the other officers also stopped and searched individuals on the streets of Paterson, and illegally took their money. Pent and other officers arrested individuals in Paterson, seized cash from those individuals during the arrests, and split the cash proceeds among themselves. They covered up their criminal activity by filing false police reports. Pent admitted to the following illegal conduct:
• On Feb. 1, 2017, Pent and Ramos stopped and searched a vehicle in Paterson. They stole approximately $10,000 from the passenger of the vehicle and split it between themselves. Ramos and Pent then submitted an incident report to the Paterson Police Department in which they intentionally omitted any mention of the $10,000 theft.
• On May 27, 2016, Pent and Ramos arrested an individual, stole several hundred dollars in cash from the individual, and filled out a false currency seizure report that under-reported the amount of money the individual actually possessed. Pent and Ramos then applied a forged signature of the individual to the report to make it appear as though the individual had seen and agreed to the amount on the report.
While on official duty, Pent also routinely used unreasonable and excessive force in his encounters with individuals in Paterson, causing them bodily harm, including:
• Pent and other officers routinely delivered a “running tax” to individuals they arrested. If an individual ran from them, Pent and others would “tax” the individual by striking the individual multiple times, causing bodily injury.
• On Jan. 20, 2015, Pent and Ramos received a call regarding loud music coming from a vehicle on Doremus Avenue in Paterson. Pent and Ramos approached the individual in the vehicle, removed him from the vehicle and punched and kicked him. The individual suffered injuries, including eye injuries, as a result of Pent’s and Ramos’ excessive force.
The conspiracy to violate civil rights and the deprivation of civil rights charges each carry a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000. Pent's sentencing is scheduled for Jan. 14, 2020.
Bustios pleaded guilty in December 2018 to conspiring to deprive individuals of their civil rights and to extortion under color of official right. He is awaiting sentencing. Torres pleaded guilty in May 2019 to conspiring to deprive individuals of their civil rights and to filing a false police report. His sentencing is scheduled for Nov. 20, 2019. Toledo pleaded guilty in July 2019 to conspiring to deprive individuals of their civil rights, to using unreasonable and excessive force against individuals in Paterson, and to filing a false police report. His sentencing is scheduled for Oct. 22, 2019. Ramos pleaded guilty on Sept. 9, 2019, to conspiring to deprive individuals of their civil rights, to using unreasonable and excessive force against individuals in Paterson, and to filing a false police report. His sentencing is scheduled for Jan. 8, 2020.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s guilty plea. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: Michael Calabro Esq., Newark
Passaic County Man Charged with Kidnapping Minor and Transporting Her to Ohio to Engage in Sexual ActivityRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man has been charged by indictment with kidnapping a 15-year-old girl and transporting her to Ohio, as well as with being in the United States illegally after previously being deported, U.S. Attorney Craig Carpenito announced.
Juan Carlos Morales-Pedraza, 33, of Paterson, New Jersey, was charged in a superseding indictment with one count of kidnapping, one count of transportation of a minor, and one count of re-entry of removed aliens. He was arraigned today before U.S. District Judge Stanley R. Chesler in Newark federal court and pleaded not guilty.
According to the superseding indictment:
From April 14, 2019, through April 16, 2019, the defendant unlawfully abducted “Victim 1” in New Jersey and transported her to Ohio, with the intent that she engage in sexual activity for which a person can be charged with a criminal offense. At the time of these crimes, the defendant was in the country illegally, after having been removed from the United States in 2010.
The count of kidnapping carries a maximum penalty of life in prison, a minimum penalty of 20 years in prison, and a $250,000 fine. Transportation of minors carries a maximum penalty of life in prison, a minimum penalty of 10 years in prison, a $250,000 fine, and mandatory restitution. Re-entry of removed aliens carries a maximum penalty of two years in prison and a $250,000 fine.
U.S. Attorney Carpenito credited special agents with FBI Newark’s Child Exploitation Human Trafficking Task Force, under the direction of Special Agent in Charge Gregory W. Ehrie; the Passaic County Prosecutor’s Office’s Sexual Investigations Unit, under the direction of Prosecutor Camelia M. Valdes; and investigators with the Ohio State Highway Patrol and the Lake Township Police Department in Lake Township, Ohio with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Francesca Liquori of the U.S. Attorney’s Office’s Organized Crime and Drug Enforcement Task Force in Newark.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guiltyDefense counsel: K. Anthony Thomas Esq., Assistant Federal Public Defender, Newark
Palm Beach Gardens Man Sentenced to 20 Years in Federal Prison on Federal Child Pornography ChargesRead the Press Release
U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida and Special Agent in Charge George L. Piro the of the FBI’s Miami Field Office announced that Matthew Tassin, 37, of Palm Beach Gardens, Florida, was sentenced to prison last week on federal child pornography charges.
Tassin previously pled guilty to distribution of child pornography, in violation of Title 18, United States Code, Section 2252(a)(2), and possession of child pornography, in violation of Title 18, United States Code, Section 2252(a)(4)(B) (Case No. 19cr80064). On September 26, 2019, U.S. District Rodolfo A. Ruiz, II, sentenced Tassin to 20 years in prison, to be followed by 15 years of supervised release. Tassin was also ordered to pay $10,000 in restitution to the victims.
According to court records, Tassin engaged in conversations in the social media application “Kik” with other individuals to obtain and share images and videos of child pornography. Those images and videos included pre-pubescent children engaged in forced sexual acts.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. 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 visitwww.projectsafechildhood.gov.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI in this matter. This case was prosecuted by Assistant U.S. Attorney Gregory Schiller.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Omaha Man Sentenced for Possession of MethamphetamineRead the Press Release
COUNCIL BLUFFS, Iowa - United States Attorney Marc Krickbaum announced on September 30, 2019, Mathew William Finken, age 44, was sentenced for Possession with Intent to Distribute Methamphetamine by United States District Court Senior Judge Robert W. Pratt. Finken was sentenced to ten years in prison to be followed by five years of supervised release.
Finken was arrested by law enforcement with the Council Bluffs Police Department on January 25, 2019. At the time of his arrest, Finken was in possession of over 100 grams of methamphetamine, packaging materials and over $800. When
Finken pleaded guilty on April 15, 2019, he admitted he intended to sell the methamphetamine he had in his possession.
This case was investigated by Council Bluffs Police Department and the Southwest Iowa Narcotics Task Force. The matter was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Olalla, WA man arrested in scheme to steal identity and Social Security benefits from missing brotherRead the Press Release
Tacoma – An Olalla, Washington man is under arrest on a criminal complaint charging him with aggravated identity theft and access device fraud for his scheme to steal the identity and income of his missing brother. CHRIS HARVEY SAYLER, 72, allegedly began fraudulently collecting his missing brother’s Social Security Disability benefits by at least 1998. Over the last twenty years, those benefits total more than $400,000. SAYLER made his initial appearance on the criminal complaint in U.S. District Court in Tacoma today. He remains detained pending a further hearing on Friday October 4, 2019.
According to the complaint, CHRIS SAYLER’s brother, Jarvis L. Sayler, traveled from his home in Missouri to the Vancouver, Washington area in 1988. He told relatives that he planned to visit CHRIS SAYLER, then return to Missouri to build a home on property there. Jarvis Sayler was born with partial eyesight, and had been receiving Social Security disability benefits since 1977. Jarvis Sayler wrote a few letters to Missouri between June and September 1988, but that was the last anyone heard from him. A third brother in Missouri reported Jarvis Sayler missing in March of 1989. The Clark County Sheriff’s Office interviewed CHRIS SAYLER about his brother’s whereabouts. SAYLER claimed his brother moved from his home after the two had an argument. That was the last reported sighting of Jarvis Sayler.
In 2013, a person claiming to be Jarvis Sayler attempted to renew a Washington State ID card, but the renewal was denied because facial recognition software indicated the person in the ID photo was the same as in a drivers license photo of CHRIS SAYLER. When SAYLER went to a Department of Licensing Office to renew a license (in the SAYLER name) years later, he claimed that he and Jarvis were twins and that was the reason for the facial recognition report. The clerk pointed out that the two men’s birthdates were four years apart, but SAYLER said it is a “rare twin situation” that does occur. The investigation has revealed that SAYLER and Jarvis Sayler are not biologically related.
In 2019, the Department of Licensing referred the matter to the Social Security Office of Inspector General (SSA-OIG) for investigation. The investigation revealed that as early as 1998, SAYLER’s photo appears on Jarvis Sayler’s identification card and that the addresses on Jarvis’ cards and other identifying documents are associated with SAYLER.
Since at least 1998, Jarvis Sayler’s Social Security benefits went to a bank account opened with an address in Vancouver, Washington. When SAYLER moved to Olalla, the address on the account was updated to the new address as well. ATM withdrawal records and debit card records from retailers such as Costco and Fred Meyer show SAYLER withdrawing money or making purchases with the debit card associated with Jarvis Sayler’s account.
Access device fraud is punishable by up to ten years in prison. Aggravated identity theft is punishable by a mandatory minimum two-year sentence to run consecutive to any other sentencing in the case.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The Clark County Sheriff’s Office is interested in hearing from anyone who has information on Jarvis Sayler and his disappearance. Contact Detective Jon Shields at 564-397-2120.
The case is being investigated by the Social Security Office of Inspector General (SSA-OIG), Health and Human Services Office of Inspector General (HHS-OIG), and Homeland Security Investigations (HSI) as part of the Document and Benefit Fraud Task Force in Seattle. Investigative assistance was also provided by the FBI and Sheriff’s Offices for Clark County, Cowlitz County, and Kitsap County.
The case is being prosecuted by Special Assistant United States Attorney Benjamin Diggs. Mr. Diggs is an attorney with the Social Security Administration specially designated to prosecute fraud cases in federal court.
sayler_complaint_0.pdfNew York man accused of taking West Virginia teen across state lines for sexRead the Press Release
WHEELING, WEST VIRGINIA – Max Paul Levine, of Bronx, New York, was indicted today for interstate transport of a minor for sex, U.S. Attorney Bill Powell announced.
Levine, also known as “James Connely” and “Noxx Nocten,” age 34, was indicted on one count of “Transportation of a Minor Across State Lines for Sexual Purposes.” Levine is accused of transporting a 15-yer-old West Virginia girl from her Harrison County home to his residence in Bronx, New York to engage in sexual activity in June 2019.
Levine faces at least 10 years and up to life incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bridgeport Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
New York Man Sentenced to Prison for Drug TraffickingRead the Press Release
Bangor, Maine: A Rochester, New York man was sentenced today in federal court in Bangor for conspiring to distribute heroin, cocaine base and fentanyl, U.S. Attorney Halsey B. Frank announced.
U.S. District Judge John A. Woodcock, Jr. sentenced Darrell Newton, a/k/a “Coast,” a/k/a “D-Coast,” 39, to 20 years in prison and five years of supervised release. Newton pleaded guilty in October 2018.
According to court records, between June 2015 and March 2017, Newton ran a drug distribution operation based out of Rochester, New York that operated in central Maine. Individuals from Rochester were sent to central Maine to sell the drugs. They stayed with various local residents who allowed the drugs to be sold from their homes and assisted the Rochester dealers in distributing, storing and transporting the narcotics throughout the region. There were approximately 12–15 such area residences during the height of the conspiracy’s activities. The local residents were paid in cocaine base or heroin for allowing the Rochester dealers to stay in the residences and sell the drugs. Periodically, drug proceeds were collected from the various distribution points in central Maine and transported back to Newton.
Newton organized and operated the drug trafficking operation from Rochester. He recruited and sent drug dealers from Rochester to central Maine. He also obtained large quantities of heroin, cocaine base and fentanyl that he arranged to be transported to the area by couriers whom he recruited. Once in the area, the Rochester dealers distributed the drugs in cooperation with local dealers.
The U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Kennebec County Sheriff’s Office investigated the case, with assistance provided by the Augusta Police Department. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Neshoba County Man Sentenced to Prison for Sexual Abuse of a MinorRead the Press Release
Jackson, Miss. – Garrett Dean Thomas, 23, a member of the Mississippi Band of Choctaw Indians, was sentenced today by Senior U.S. District Judge David Bramlette III to 21 months in prison, followed by 10 years of supervised release, for sexual abuse of a minor within the Pearl River Community of the Choctaw Indian reservation, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Michelle A. Sutphin.
On August 10, 2016, the victim visited Choctaw Health Center complaining of abdominal pain and morning sickness. It was discovered she was pregnant. A case manager informed social services due to the age of the suspected father, Thomas, who was 20 years old at the time. Thomas admitted to his sexual abuse of the minor, who was 14 years old. A paternity test confirmed Thomas is the father of the child.
Twelve months of today’s sentence will be served consecutively to a 24-month sentence imposed by U.S. District Judge Henry T. Wingate on September 9, 2019. The defendant was convicted of the same offense in that case, but a different victim was involved.
The Federal Bureau of Investigation and the Choctaw Police Department investigated both cases. They were prosecuted by Assistant United States Attorney Kimberly Purdie and Special Assistant United States Attorney Kevin Payne.
Multi-Convicted Felon Pleads Guilty to Firearms ViolationRead the Press Release
PITTSBURGH, PA - A former resident of Penn Hills, Pennsylvania, pleaded guilty in federal court to a federal firearms violation, United States Attorney Scott W. Brady announced today.
Christian Burrus, 37, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that on July 23, 2018, Burrus unlawfully possessed a Ruger 9 millimeter pistol and ammunition, after having been convicted of multiple crimes punishable by more than one year in prison. Those convictions include one conviction for possession with intent to deliver a controlled substance and three convictions for firearms violations. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
Specifically, Burrus was a passenger during a July 23, 2018 traffic stop by the Penn Hills police. During the stop, he was sweating, would not make eye contact, and appeared very nervous. After Burrus provided his name, the Penn Hills police determined that there was an active warrant for Burrus’s arrest, and while patting Burrus down incident to arrest, found the loaded, stolen firearm in Burrus’s waistband.
Judge Fischer scheduled sentencing for February 12, 2020, at 9:00 a.m. The law provides for a total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant. Burrus is detained pending the resolution of the case.
Assistant United States Attorney Christy C. Wiegand is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation along with the Penn Hills Police Department conducted the investigation that led to the prosecution of Burrus. The case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Minnesota Man to Federal Prison for Iowa Meth ConspiracyRead the Press Release
A man who conspired to distribute meth was sentenced on September 30, 2019, in federal court in Sioux City to 15 years in federal prison.
Raul Flores Marin, 47, from Bigelow, Minnesota, was convicted on April 25, 2019, after a four-day jury trial of one count of conspiracy to distribute meth, one count of possession with intent to distribute meth, and one count of possession of a firearm in furtherance of drug trafficking.
The evidence at trial showed that in the early morning hours on July 19, 2017, the Osceola County Sheriff’s Office received a 911 call regarding a suspicious pickup truck with Minnesota license plates trespassing on property in rural Osceola County. While traveling towards the residence, law enforcement observed a pickup bearing Minnesota plates heading away from the property. Shortly after following the truck, it veered onto the left-hand side of the gravel road and almost into the ditch and a traffic stop was initiated. Law enforcement encountered Marin and after a search of the truck, law enforcement located and seized a 9mm handgun along with over 15 grams of methamphetamine. Evidence at trial further showed that Marin was involved in a conspiracy that distributed more than 50 grams of pure methamphetamine in the Osceola County, Iowa area.
Marin was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Marin was sentenced to 15 years’ imprisonment. He must also serve a 5-year term of supervised release following any term of imprisonment. There is no parole in the federal system. Marin remains in custody of the United States Marshals until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Mikala M. Steenholdt and was investigated by the Iowa Department of Narcotics Enforcement, Osceola County Sheriff’s Department, Iowa Great Lakes Drug Task Force, and Iowa Division of Criminalistics Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-4011.
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Mexican national heads to prison for 25 kilogram meth conspiracyRead the Press Release
LAREDO, Texas – A 29-year-old resident of Nuevo Laredo, Tamaulipas, Mexico, has been ordered to prison for conspiracy with intent to distribute meth, announced U.S. Attorney Ryan K. Patrick. Fernando Garcia-Leal pleaded guilty July 3.
Today, U.S. District Judge Marina Garcia Marmolejo imposed a 72-month term of imprisonment. Not a U.S. citizen, he is expected to face removal proceedings following the sentence. The court further ordered he not return to the U.S. illegally.
On March 23, Garcia-Leal applied for entry into the United States at the Juarez-Lincoln Bridge in Laredo driving a gray 2007 Jeep Commander. At inspection, an x-ray of the vehicle revealed anomalies within all four tires. A K-9 also alerted to possible narcotics.
Authorities ultimately found a total of 34 packages wrapped in black tape. All tested positive for meth and weighed approximately 25.46 kilograms.
Garcia-Leal initially denied knowledge of the narcotics, claiming he had purchased the vehicle approximately three weeks prior and was traveling to Houston to have maintenance work performed on it. He further added that he had purchased the vehicle from his wife’s relative who was in a drug cartel. He thought it might contain drugs, but was afraid to ask.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Michael Bukiewicz is prosecuting the case.
Mexican man admits role in conspiracy to import nearly 3K pounds of marijuanaRead the Press Release
LAREDO, Texas – A 51-year-old citizen from Tamaulipas, Mexico, now faces up to life in prison after pleading guilty to conspiracy and importation of marijuana into the country, announced U.S. Attorney Ryan K. Patrick.
Benjamin Gil Aguilera pleaded guilty today in federal court.
On Aug. 1, he arrived at the World Trade International Bridge in Laredo driving a semi-truck and trailer. During the inspection, a service canine alerted to the vehicle’s trailer where authorities observed anomalies within the doors. A search of the trailer yielded 2,949 pounds of tightly wrapped bundles of marijuana.
The drugs weighed a total of 1,338 kilograms with a value of $56ayer0,000.
He has been and will remain in custody pending his sentencing, to be set at a later date before U.S. District Judge Diana Saldaña. At that time, Gil Aguilera faces a minimum of 10 years and up to life in prison as well as a possible $10 million maximum fine.
He has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Customs and Border Protection. Assistant U.S. Attorney Paul Harrison is prosecuting the case.
Medicare Fraud Strike Force Marks Tenth Anniversary with Charges Against Six Individuals as Part of Two National Healthcare Fraud TakedownsRead the Press Release
The Medicare Fraud Strike Force (“MFSF”) is part of a joint initiative between the U.S. Department of Justice and the U.S. Department of Health and Human Services to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Its purpose is to focus on the worst offenders in fraud, in the highest intensity regions, using data analysis techniques to identify abnormal billing levels in health care fraud “hot spots,” i.e., cities with unusually high levels of billing and other fraud. The U.S. Department of Justice currently maintains 15 strike forces operating in 24 federal districts, and has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $16 billion.
The Baton Rouge MFSF is comprised of the Department of Justice Fraud Division, the United States Attorney’s Office, Department of Health and Human Services - Office of the Inspector General, Federal Bureau of Investigation, and Louisiana Attorney General’s Medicaid Fraud Control Unit. Since 2009, the Baton Rouge MFSF has charged more than 100 defendants with health care fraud and related offenses, achieving a 96.8% conviction rate.
As part of the two recent National Health Care Fraud Takedowns, United States Attorney Brandon J. Fremin announced new charges against 6 individuals for health care fraud in Baton Rouge. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office, Special Agent in Charge Bryan Vorndran of the FBI’s New Orleans Field Office (FBI), and Louisiana Attorney General Jeff Landry joined in this announcement.
Kevin Bernard Hanley and Mark Thomas Allen
In the first case, the grand jury returned an indictment charging Kevin Bernard Hanley, age 42, of Prairieville, Louisiana, with one count of conspiracy to defraud the United States and to pay and receive health care kickbacks and two counts of offering and paying kickbacks and bribes in connection with a federal health care program. Hanley is the CFO of Acadian Diagnostic Laboratories, LLC (“Acadian”), a laboratory in Baton Rouge that conducts toxicology, blood, and genetic testing.
Mark Thomas Allen, age 51, of Greer, South Carolina, was charged with one count of conspiracy to commit health care fraud and wire fraud, three counts of health care fraud, one count of conspiracy to defraud the United States and to pay and receive health care kickbacks, and two counts of solicitation and receipt of kickbacks and bribes in connection with a federal health care program. Allen owned Archer Diagnostics, LLC (“Archer”), a South Carolina corporation that markets medical testing services. Allen also owned or controlled JL Management Services, LLC (“JL Management”), a Wyoming-registered corporation that purported to perform management and billing services, and also did business under the name JL Billing.
The charges stem from the defendants’ roles in a scheme to solicit medically unnecessary cancer genetic (CGx) tests from Medicare beneficiaries, have the tests approved by telemedicine doctors who did not engage in treatment of the beneficiaries, and submit claims through diagnostic testing laboratories that paid kickbacks in exchange for the referrals. Allen and his co-conspirators, through companies they controlled, solicited the tests and arranged for approvals by telemedicine providers. They then transmitted the test samples and orders to labs in Louisiana, including Acadian, where Hanley was the CFO, and elsewhere. Acadian, through Hanley and others, paid kickbacks to companies controlled by Allen and others to obtain the referrals, and submitted claims to Medicare for the tests. Acadian and other labs billed Medicare for more than $240 million.
The case was investigated by HHS-OIG, FBI, and MFCU, and was brought as part of the MFSF, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. Trial Attorneys Gary Winters, Justin Woodard and Tim Loper of the Fraud Section, and Assistant U.S. Attorney Kristen Craig of the Middle District of Louisiana are prosecuting the case.
J. Foster Chapman
In the second case, the grand jury returned an indictment charging J. Foster Chapman, age 40, of Alexandria, Louisiana, with one count of conspiracy to commit health care fraud and four counts of health care fraud.
According to the indictment, Chapman worked for various purported telemedicine companies, for which he wrote medically unnecessary orders for durable medical equipment (DME), including knee braces, for Medicare beneficiaries. The indictment alleges that an international telemarketing network lured Medicare beneficiaries into the scheme through call centers, and then sent the beneficiaries’ information to purported telemedicine companies. The indictment further alleges that Chapman, working as an independent contractor for the telemedicine companies, wrote orders for DME without speaking to the beneficiaries and in the absence of any doctor-patient relationship. Chapman concealed the fraud with falsified orders that stated, among other things, that he consulted with the beneficiaries and conducted diagnostic tests, according to the indictment. The indictment alleges that Chapman caused the submission of over $4.8 million in fraudulent claims to Medicare.
The case was investigated by HHS-OIG and FBI, and was brought as part of the MFSF, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. Trial Attorney Justin M. Woodard of the Fraud Section and Assistant U.S. Attorney Kristen L. Craig of the Middle District of Louisiana are prosecuting the case.
Victor Clark Kirk and Marilyn Brown Antwine
In the third case, the grand jury returned an indictment charging Victor Clark Kirk, age 70, of Baton Rouge, and Marilyn Brown Antwine, age 51, of Baton Rouge, each with one count of conspiracy to commit health care fraud and five counts of health care fraud.
According to the indictment, Kirk was the CEO, and Antwine was the COO, of St. Gabriel Health Clinic, Inc. (St. Gabriel), a Louisiana non-profit corporation that provided health care services to Medicaid recipients, and others. St. Gabriel is a federally qualified health center (FQHC) that contracted with the Iberville Parish School Board to provide medical services within the school district. As a FQHC, St. Gabriel could provide primary care services to students as well as services related to the diagnosis and treatment of mental illnesses, provided that such services were medically necessary, among other requirements. The indictment alleges that St. Gabriel practitioners provided character development and other educational programs to entire classrooms of students during regular class periods, and then Kirk and Antwine fraudulently billed, or caused the fraudulent billing of, these programs to Medicaid as group psychotherapy. The indictment further alleges that to facilitate the fraudulent scheme, Kirk and Antwine directed that St. Gabriel practitioners falsely diagnose students with Axis I mental health disorders. According to the indictment, during the relevant time period, St. Gabriel’s claims for purported group psychotherapy services totaled more than $1.8 million.
In March 2019, Michael Dan Gaines, a former licensed clinical social worker at St. Gabriel, pleaded guilty for his role in the fraud scheme.
The case was investigated by HHS-OIG, FBI, and MFCU, and was brought as part of the MFSF, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. Trial Attorney Justin M. Woodard of the Fraud Section and Assistant U.S. Attorney Jessica M.P. Thornhill of the Middle District of Louisiana are prosecuting the case.
Casonya Williams
In the fourth case, the United States filed a bill of information charging Casonya Williams, age 45, of Hammond Louisiana, with one count of health care fraud.
According to the information, Williams worked as a registered social worker for various behavioral health service providers. The information alleges that Williams prepared and submitted false and fraudulent progress notes and time sheets to the behavioral health service providers for services purportedly rendered to Medicaid recipients. These fraudulent documents indicated that Williams provided behavioral health services to recipients when, in fact, the services were not provided. According to the information, based on the fraudulent documents prepared and submitted by Williams for services not rendered, the behavioral health service providers submitted approximately over $176,000 in claims to Medicaid.
The case was investigated by HHS-OIG, FBI, and MFCU, and was brought as part of the MFSF, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Louisiana. Trial Attorney Justin M. Woodard of the Fraud Section and Assistant U.S. Attorney Elizabeth E. White of the Middle District of Louisiana are prosecuting the case.
U.S. Attorney Brandon Fremin stated, “This month marks the 10th anniversary of the Medicare Fraud Strike Force in Baton Rouge. Strike Force teams bring together the resources of the U.S. Department of Health and Human Services-Office of Inspector General, the FBI, the Fraud Section of the U.S. Department of Justice's Criminal Division, the U.S. Attorneys' Offices, and other law enforcement agencies, including, in Baton Rouge, the Louisiana Attorney General's award-winning Medicaid Fraud Control Unit. Over the past ten years, the team has continued working in Baton Rouge and expanded across southern Louisiana into the New Orleans area.
Just last week, the Department announced indictments in five federal districts involving fraudulent genetic cancer testing against 35 individuals for over 2.1 billion in losses in one of the largest health care fraud schemes ever charged. The Middle District of Louisiana was among the five federal districts who brought charges in this action.
It is important to note that HCF cases require significant resources and often involve well educated suspects who engage in sophisticated criminal behavior that requires investigators and prosecutors to navigate complex and nuanced areas of federal criminal law. Our collective success is possible because of the dedication and tenacity of the men and women charged with the responsibility of investigating and prosecuting those cases. Here in the Middle District you have some of the best.”
“Healthcare fraud is not a victimless crime. Whether corrupt providers engage in genetic testing schemes or other types of healthcare fraud, it’s the trust and well-being of patients and taxpayers that are at risk,” said Special Agent in Charge C.J. Porter of HHS-OIG. “Today’s arrests demonstrate our resolve to investigate bad actors and protect the patients served by vital federal health and human services programs.”
Bryan A. Vorndran, FBI New Orleans Special Agent in Charge stated, “Throughout this case, the men and women of the FBI Baton Rouge Resident Agency, along with our federal, state, and local law enforcement partners, thoroughly investigated several health care facilities and ultimately uncovered a number of violations which are being highlighted here today. I believe these cases demonstrate the unparalleled collaboration and dedication between all agencies represented within the Medicare Health Care Fraud Strike Force to protect Louisiana residents.”
“Medicaid welfare fraud jeopardizes healthcare resources for Louisiana’s most needy and steals from our State’s taxpayers,” said Louisiana Attorney General Jeff Landry. “My office and I will continue our efforts to root out this type of fraud and other criminal activity that drives up medical costs for everyone.”
NOTE: A Bill of Information is an accusation by the U.S. Attorney’s Office. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Man Sentenced to Life for Child Sexual Abuse on the Winnebago Indian ReservationRead the Press Release
United States Attorney Joe Kelly announced that Cyrus A. Free, an enrolled member of the Winnebago Tribe of Nebraska, was sentenced today by United States District Judge Robert F. Rossiter, Jr. to life imprisonment for sexually abusing a child on the Winnebago Indian Reservation. Free will be required to register as a sex offender for the remainder of his life.
Free, age 51, sexually abused the minor victim from approximately eight years old to fourteen. Free had a previous conviction for sexually abusing a child.
This case was investigated by the Winnebago Police Department and Special Agent Jeffrey Howard with the Federal Bureau of Investigation.
Leader of a Sinaloan Drug Trafficking Organization Pleaded Guilty in Federal CourtRead the Press Release
The leader of a Sinaloan drug trafficking organization pleaded guilty to conspiring to distribute over 1000 kilograms of marijuana and conspiring to import more than five kilograms of cocaine and 1000 kilograms of marijuana.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Matthew Schneider of the Eastern District of Michigan and Special Agent in Charge Keith Martin of the Drug Enforcement Administration (DEA) made the announcement.
Marco Antonio Paredes-Machado, 55, was indicted with 25 others in Detroit, Michigan, in 2005 for conspiring to distribute more than 1000 kilograms of marijuana. According to the indictment, Paredes-Machado led a drug trafficking organization in Agua Prieta, Sonora, Mexico, that was responsible for the distribution of 40 tons of marijuana.
In 2012, Paredes-Machado was indicted in Washington, D.C., by the Narcotic and Dangerous Drug Section of the Department of Justice. According to that indictment, Paredes-Machado conspired to import more than five kilograms of cocaine and 1000 kilograms of marijuana into the United States.
Paredes-Machado agreed to plead guilty in the Eastern District of Michigan to charges in both the Michigan and DC cases. As a part of his DC plea conduct, Paredes-Machado acknowledged that he had directed a drug conspiracy from Mexico for more than 10 years, beginning in the 1990s. Paredes-Machado worked in a criminal organization that was headed by Benjamin Jaramillo-Felix. This organization was affiliated with the Sinaloa Cartel and was dedicated to the illegal trafficking of narcotics from Colombia, through Central America and Mexico, and then into the United States.
Paredes-Machado invested in shipments of cocaine and had a direct role overseeing the transportation of tonnage quantities of cocaine in Los Cabos, Mexico. Paredes-Machado directed a team of 20 to 30 men that would receive cocaine from other co-conspirators in Los Cabos, a city in the Mexican state of Baja California Sur. From Los Cabos, Paredes-Machado and others would transport the cocaine by boat or airplane to various locations in Mexico, which were controlled by the Sinaloa Cartel including Culiacan, Sinaloa, and Navajoa, Sonora.
Paredes-Machado was also responsible for collecting payments for both the purchase of drugs from drug shipment investors and receiving proceeds from the eventual sale of narcotics. These transactions typically involved tens of millions of United States dollars. Paredes-Machado transferred these funds to others within the Organization.
Paredes-Machado was also in charge of the United States and Mexican border area in Agua Prieta, a town in the Mexican state of Sonora and on behalf of the criminal organization supervised the importation of controlled substances there including tonnage quantities of marijuana.
As part of the Michigan drug conduct Paredes-Machado acknowledged that supplied an extensive marijuana criminal conspiracy where he directed others to export marijuana from Mexico to the United States and distribute it in Detroit, Michigan and throughout the United States in loads weighing more than 100 kilograms.
Paredes-Machado knew that more than 450 kilograms cocaine and more than 90,000 kilograms of marijuana would be illegally imported into the United States for further distribution.
According to court records, Mexican authorities arrested Paredes-Machado in 2011. He was extradited to the United States and first appeared in the U.S. District Court for the Eastern District of Michigan in 2015. A sentencing date has been scheduled for Feb. 5, 2020, before U.S. District Judge Victoria Roberts.
The DEA’s Detroit Field office is leading the investigation. Trial Attorney Jason Ruiz of the Criminal Division’s Narcotic and Dangerous Drug Section and Assistant U.S. Attorney Craig Wininger of the Eastern District of Michigan are prosecuting the case.
Lawton Man Pleads Guilty to Making A Bomb ThreatRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Roger Christopher Simpson, age 45, of Lawton, Oklahoma, entered a guilty plea to Use Of Telephone To Make Bomb Threat, in violation of Title 18, United States Code, Section 844(e), punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both.
The Indictment alleges that on or about January 22, 2019, in the Eastern District of Oklahoma, the defendant did, through use of a telephone, willfully make a threat to kill, injure, and intimidate any individual and to damage and destroy a building, vehicle, or other real or personal property, by means of fire and explosive, in and affecting interstate commerce.
The charges arose from an investigation by the Seminole Police Department, the Seminole County Sherriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States.
Lake Woman Sentenced for Delay or Destruction of U.S. Mail by a Postal EmployeeRead the Press Release
Jackson, Miss. – Virginia Perkins, 49, of Lake, Mississippi, was sentenced yesterday by Senior U.S. District Judge David Bramlette III to two years probation for delay or destruction of U.S. mail by a postal employee, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Cave with the U.S. Postal Service Office of Inspector General, Southern Area Field Office.
Perkins was employed as a rural carrier associate at the Canton, Mississippi, Post Office. On January 17, 2017, following numerous complaints regarding undelivered mail along her route, agents conducted surveillance of Perkins as she delivered mail. Agents found that mail was not being delivered as addressed. A search of her vehicle yielded approximately 2,044 pieces of letter mail and 340 flats that Perkins had not delivered.
The case was investigated by agents from the U.S. Postal Service, Office of Inspector General. The case was prosecuted by Assistant United States Attorney Kimberly Purdie.
Kansas Woman Convicted in Scam Targeting Homeowners Facing ForeclosureRead the Press Release
KANSAS CITY, KAN. - A federal jury Monday found a Kansas woman guilty of taking part in a scheme to swindle homeowners facing foreclosure with false promises to help them save their homes, U.S. Attorney Stephen McAllister said.
Sara Cordry, 69, Overland Park, Kan., was convicted on one count of conspiracy, one count of mail fraud and six counts of wire fraud.
During trial, prosecutors presented evidence that Cordry conspired with co-defendants to take money from victims by fraudulently promising to:
- Lower their interest rates.
- Lower their monthly payments.
- Help them obtain loan modifications.
Investigators identified more than 500 victims in 24 states who suffered a total loss of more than $1 million due to the scheme.
Co-defendants include:
- Tyler Korn, 30, St. Ann, Mo., who was sentenced to 51 months in federal prison.
- Ruby Price, 74, Bonner Springs, Kan., who is awaiting sentencing.
- Amjad Daud, 35, Lutz, Fla., who failed to appear at court hearings. A warrant for his arrest has been issued.
Cordry’s sentencing is set for Jan. 9, 2020. She could face up to 30 years in federal prison and a fine up to $1 million on each count.
McAllister commended the U.S. Department of Housing and Urban Development - Office of Inspector General, the Federal Housing Finance Agency - Office of Inspector General, the Johnson County District Attorney’s Office, Special Assistant U.S. Attorney Emilie Burdette and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Justice Department Files Lawsuit Against Coahoma County, Mississippi, to Enforce the Rights of a United States Army ReservistRead the Press Release
The Department of Justice announced that it filed a complaint yesterday in federal court in the Northern District of Mississippi against Coahoma County, Mississippi (Coahoma County), to protect the employment rights of an Army Reservist, Staff Sergeant First Class (SSG) Jason Sims Sr.
According to the complaint, SSG Sims was employed with the Coahoma County Sheriff’s Office from 2014 to 2018 during which time he also performed military service by teaching leadership courses at the United States Army Installation at Fort Knox, Kentucky. The complaint alleges that he was fired because of this military service obligation, in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit seeks reinstatement of SSG Sims to his employment with the Coahoma County Sheriff’s Office and the recovery of back wages and other benefits of employment that Sims lost as a result of his termination.
“Our Nation has made a commitment to protect the civilian jobs of its servicemembers while they serve our Country,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Federal law frees members of the armed forces from the stress associated with the fear they will be fired because they were called to military service.”
“The legal rights of the members of our Armed Forces, who routinely make personal sacrifices to protect our nation, must be respected,” said U.S. Attorney William C. Lamar of the Northern District of Mississippi. “The Department of Justice is committed to protecting those rights, so that these brave men and women can return from their service to their civilian jobs with the full benefits to which they are entitled.”
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at SSG Sims’ request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Assistant U.S. Attorneys Luke Benedict and Stuart Davis in the U.S. Attorney’s Office for the Northern District of Mississippi and Brian McEntire in the Employment Litigation Section of the Department of Justice’s Civil Rights Division.
Justice Department Files Lawsuit Against Coahoma County, Mississippi, to Enforce the Rights of A United States Army ReservistRead the Press Release
WASHINGTON – The Department of Justice announced that it filed a complaint yesterday in federal court in the Northern District of Mississippi against Coahoma County, Mississippi (Coahoma County), to protect the employment rights of an Army Reservist, Staff Sergeant First Class (SSG) Jason Sims Sr.
According to the complaint, SSG Sims was employed with the Coahoma County Sheriff’s Office from 2014 to 2018 during which time he also performed military service by teaching leadership courses at the United States Army Installation at Fort Knox, Kentucky. The complaint alleges that he was fired because of this military service obligation, in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit seeks reinstatement of SSG Sims to his employment with the Coahoma County Sheriff’s Office and the recovery of back wages and other benefits of employment that Sims lost as a result of his termination.
“Our Nation has made a commitment to protect the civilian jobs of its servicemembers while they serve our Country,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Federal law frees members of the armed forces from the stress associated with the fear they will be fired because they were called to military service.”
“The legal rights of the members of our Armed Forces, who routinely make personal sacrifices to protect our nation, must be respected,” said U.S. Attorney William C. Lamar of the Northern District of Mississippi. “The Department of Justice is committed to protecting those rights, so that these brave men and women can return from their service to their civilian jobs with the full benefits to which they are entitled.”
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at SSG Sims’ request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Assistant U.S. Attorneys Luke Benedict and Stuart Davis in the U.S. Attorney’s Office for the Northern District of Mississippi and Brian McEntire in the Employment Litigation Section of the Department of Justice’s Civil Rights Division.
Jury Convicts Massachusetts Resident for Failure to Register as A Sex Offender in FloridaRead the Press Release
Orlando, Florida – A federal jury has found William Tosca (35, Kissimmee) guilty of failing to register and update a registration as required by the Sex Offender Registration and Notification Act (SORNA). He faces a maximum penalty of 10 years in federal prison. His sentencing hearing is scheduled for December 16, 2019.
According to testimony and evidence presented at trial, in January 2013, Tosca was convicted by a jury in Massachusetts of a qualifying sex offense. While incarcerated in Massachusetts, the state’s sex offender registry board notified Tosca of his need to register as a sex offender. In October 2015, after being informed of his need to update his registration, Tosca failed to register in Massachusetts. In October 2016, he then moved to Florida and again failed to update his registration.
SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the United States Marshals Service, to assist state and local authorities in locating and apprehending non-compliant sex offenders.
This case was investigated by the United States Marshals Service, the Osceola County Sherriff’s Office, the Florida Department of Law Enforcement, and the Massachusetts Sex Offender Registry Board. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Irish National Extradited to the United States from the United Kingdom for Pleading Guilty to Trafficking of Rhinoceros Horns Sentenced to PrisonRead the Press Release
An Irish national who was extradited to the United States in August pleaded guilty and was sentenced today for his role in trafficking a libation cup made from the horn of a protected rhinoceros.
After entering his guilty plea today in Miami, U.S. District Judge Jose E. Martinez sentenced Sheridan to a term of 14 months in prison and two years of supervised release.
On Aug. 29, 2019, Richard Sheridan, 50, an Irish national from Cottenham, Cambridge, United Kingdom, was arraigned in federal court in Miami, Florida, on a May 15, 2014, indictment that charged Sheridan and Michael Hegarty, also an Irish national, with conspiracy to traffic in a libation cup made from the horn of protected rhinoceros. In addition to the conspiracy, the indictment charged Sheridan with smuggling a libation cup made from the horn of protected rhinoceros out of the United States. According to the indictment and a Joint Factual Statement signed by the parties, in 2012, Sheridan and Hegarty purchased a rhinoceros horn libation cup from an auction house in Rockingham, North Carolina, and then smuggled the cup out of the United States.
“Sheridan conspired to profit from the demise of one of the world’s most endangered species,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “We will continue to work with our international partners to fight the trade in protected and endangered species, and organized criminal enterprises associated with it.”
“For our critically endangered wildlife, every case that serves to deter their illegal poaching and trafficking in their artifacts is important to the global effort to preserve these iconic specimens for our children and the generations to come,” said U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida. “Only through the continued, collective efforts of the international community will the goal of preserving species under threat of extinction be realized. The U.S. Attorney’s Office for the Southern District of Florida commends the agencies and investigators on both sides of the Atlantic who worked together to make this result a reality.”
“Combating transnational organized crime that involves the trafficking of some of the worlds’ most endangered species continues to be of the highest priority,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “This investigation is one more example of the accomplishments that can be achieved when investigators around the globe share information and collectively pursue those who attempt to profit from the illegal trade of wildlife. It was that type of cooperation between Service special agents and London Metropolitan Police that resulted in today’s sentencing. ”
Following his extradition to the United States from Belgium, Hegarty pleaded guilty to conspiring with Sheridan to traffic in the libation cup. In November 2017, Hegarty was sentenced in federal court in Miami to 18 months in prison to be followed by three years of supervised release.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case. Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section and Southern District of Florida Assistant U.S. Attorney Tom Watts-FitzGerald are prosecuting the case with assistance from the Justice Department's Office of International Affairs.
Irish National Extradited to the United States from the United Kingdom Pleads Guilty to Trafficking of Rhinoceros Horns and is Sentenced to PrisonRead the Press Release
MIAMI – An Irish national who was extradited to the United States in August pleaded guilty and was sentenced today for his role in trafficking a libation cup made from the horn of a protected rhinoceros.
After entering his guilty plea today in Miami, U.S. District Judge Jose E. Martinez sentenced Sheridan to a term of 14 months in prison and two years of supervised release.
On Aug. 29, 2019, Richard Sheridan, 50, an Irish national from Cottenham, Cambridge, United Kingdom, was arraigned in federal court in Miami, Florida, on a May 15, 2014, indictment that charged Sheridan and Michael Hegarty, also an Irish national, with conspiracy to traffic in a libation cup made from the horn of protected rhinoceros. In addition to the conspiracy, the indictment charged Sheridan with smuggling a libation cup made from the horn of protected rhinoceros out of the United States. According to the indictment and a Joint Factual Statement signed by the parties, in 2012, Sheridan and Hegarty purchased a rhinoceros horn libation cup from an auction house in Rockingham, North Carolina, and then smuggled the cup out of the United States.
“For our critically endangered wildlife, every case that serves to deter their illegal poaching and trafficking in their artifacts is important to the global effort to preserve these iconic specimens for our children and the generations to come,” said U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida. “Only through the continued, collective efforts of the international community will the goal of preserving species under threat of extinction be realized. The U.S. Attorney’s Office for the Southern District of Florida commends the agencies and investigators on both sides of the Atlantic who worked together to make this result a reality.”
“Sheridan conspired to profit from the demise of one of the world’s most endangered species,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “We will continue to work with our international partners to fight the trade in protected and endangered species, and organized criminal enterprises associated with it.”
“Combating transnational organized crime that involves the trafficking of some of the worlds’ most endangered species continues to be of the highest priority,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service, Office of Law Enforcement. “This investigation is one more example of the accomplishments that can be achieved when investigators around the globe share information and collectively pursue those who attempt to profit from the illegal trade of wildlife. It was that type of cooperation between Service special agents and London Metropolitan Police that resulted in today’s sentencing. ”
Following his extradition to the United States from Belgium, Hegarty pleaded guilty to conspiring with Sheridan to traffic in the libation cup. In November 2017, Hegarty was sentenced in federal court in Miami to 18 months in prison to be followed by three years of supervised release.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case. Southern District of Florida Assistant U.S. Attorney Tom Watts-FitzGerald and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section are prosecuting the case with assistance from the Justice Department's Office of International Affairs.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
International Arms Trafficker Sentenced to More Than Eight Years in Federal PrisonRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Polster Chappell has sentenced Jose Mario Moreno Parada (37, Naples) to eight years and four months in federal prison for smuggling goods from the United States, possessing firearms with obliterated serial numbers, and making false statements to federal agents. The court also ordered Parada to forfeit the firearms involved in the offenses.
Parada had pleaded guilty on May 10, 2019.
According to court documents, Parada and his coconspirators purchased rifles in southwest Florida, obliterated their serial numbers, concealed them in vehicles, and then arranged to export the loaded vehicles to South America. In 2018, in connection with this case, 133 firearms, concealed in three vehicles and destined for Bolivia, were intercepted by law enforcement in south Florida.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the Collier County Sheriff’s Office, and U.S. Customs and Border Protection. It was prosecuted by Assistant United States Attorney Simon R. Eth.
Inmate indicted for assaultRead the Press Release
WHEELING, WEST VIRGINIA – Elijah Jeremiah Smith, an inmate at FCI Hazleton, was indicted today for allegedly assaulting a correctional officer while being housed at FCI Gilmer, U.S. Attorney Bill Powell announced.
Smith, age 23, was indicted on one count of “Assault of a Correctional Officer Resulting in Bodily Injury.” Smith is accused of assaulting a correctional officer employed by the Bureau of Prisons at FCI Gilmer in Gilmer County in September 2019.
Smith faces up to 20 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Brandon S. Flower is prosecuting the case on behalf of the government. The Bureau of Prisons investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Independence Man Pleads Guilty to Illegally Selling FirearmsRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man pleaded guilty in federal court today to illegally selling firearms without a license, some of which have been seized during arrests at several crime scenes.
Frank E. Hedden, 25, waived his right to a grand jury and pleaded guilty before U.S. District Judge Roseann Ketchmark to engaging in the business of dealing firearms without a license.
By pleading guilty today, Hedden admitted that he sold 21 firearms to an undercover special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives for a total of $11,155 between Feb. 26 and July 16, 2019.
On May 7, 2019, investigators served Hedden with a warning notice. Investigators explained to Hedden that several firearms he purchased from licensed firearms dealers had been recovered in crimes within a relatively short amount of time after Hedden purchased them. This indicated Hedden could be re-selling them, thereby dealing in firearms without a license. Investigators further explained to Hedden that he could be prosecuted if he was buying firearms with the intent to resell them. Hedden signed an acknowledgement receipt for the Warning Notice of Unlicensed Firearms Dealing in Violation of Federal Law.
A few days later, however, Hedden met again with the undercover agent and illegally sold the agent two pistols for $1,200. During that meeting, which was recorded, Hedden told the undercover agent about the warning notice. “I don’t know if it’s anything, you know, of your or somebody else,” he said, “they said I had several firearms show up in crime scenes lately.” Hedden then added, “I knew this would happen eventually.”
The undercover agent told Hedden the firearms he purchased were going to Mexico and asked Hedden if he could obtain more AK-47 type pistols, to which Hedden responded “Yeah. So, I’ll have to figure out something … I’m going to try to figure something out cause like I said, I like doing the business, it’s nice to come into a little extra money.”
Hedden subsequently sold three more firearms to the undercover agent on two separate occasions.
On July 17, 2019, law enforcement officers executed a search warrant at Hedden’s residence and seized 33 firearms (which must be forfeited to the government). Officers also seized a red binder that contained 100 bills of sale for firearms; 18 of the documents were for firearms sold to the undercover agent, 72 of the documents were for firearms that Hedden sold to other individuals, and 10 of the documents were for firearms that Hedden purchased from other individuals.
Under federal statutes, Hedden is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Illegal Alien Sentenced for Unlawful Reentry After RemovalRead the Press Release
Gulfport, Miss. – Noel Velasquez-Lucas, 50, a citizen of Guatemala, was sentenced today by U.S. District Judge Sul Ozerden to “time served” (effectively 148 days in prison), and one year of supervised release, for unlawful reentry by an alien after deportation or removal, announced U.S. Attorney Mike Hurst, and William Joyce, Acting Field Office Director of Immigration and Customs Enforcement, Enforcement and Removal Operations in New Orleans.
Velasquez-Lucas pled guilty to the felony offense before Judge Ozerden on June 20, 2019. After completion of his imprisonment, he will be transferred to the U.S. Department of Homeland Security, Immigration & Customs Enforcement, where he will be subject to administrative detention and removal proceedings to remove him from the United States to his home nation of Guatemala.
On May 2, 2019, Immigration and Customs Enforcement (ICE) agents encountered Noel Velasquez-Lucas while conducting fugitive operations in Biloxi, Mississippi. The agents identified themselves as ICE Deportation Officers and determined that Velasquez-Lucas was an illegal alien from Guatemala, with multiple prior immigration removals. Velasquez-Lucas was arrested and transported to the Gulfport, Mississippi, ICE office for processing.
An investigation revealed that Velasquez-Lucas initially unlawfully entered the United States in March, 2002, near Lukeville, AZ. Border Patrol Agents arrested him and granted him a Voluntary Return in lieu of formal removal.
On March 7, 2014. Velasquez-Lucas was arrested by Border Patrol Agents near Kingsville, Texas. He was issued a lawful order of removal on March 12, 2014, and was physically removed from the United States pursuant to that order from Harlingen, Texas.
On April 21, 2014, Velasquez-Lucas was arrested again by US Border Patrol Agents near McAllen, Texas, and his order of removal was reinstated on April 29, 2014, and he was physically removed from the United States.
On January 16, 2019, Velasquez-Lucas was arrested yet again by US Border Patrol Agents near San Luis, Arizona. His order of removal was again reinstated, and he was released with supervision including electronic monitoring. On January 23, 2019, a tampering alert identified that Velasquez-Lucas had absconded, and he was found in the Southern District of Mississippi.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Immigration & Customs Enforcement, Enforcement Removal Operations, and the Jackson County Sheriff’s Department. Assistant United States Attorney Stan Harris was the prosecutor for this case.