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Wednesday 28 August 2019
Harrison County man sentenced for role in a methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA –Cody Boley, of Wallace, West Virginia, was sentenced today to 51 months incarceration for his involvement in a methamphetamine distribution conspiracy, United States Attorney Bill Powell announced.
Boley, age 25, pled guilty to one count of “Unlawful Possession of a Firearm” in April 2019. Boley, being a person prohibited from possessing a firearm, admitted to having a .40 caliber semi-automatic pistol in May 2018 in Lewis County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
The investigation was funded in part 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.
HOPE Clinic Defendant Pleads Guilty to Gun CrimeRead the Press Release
BECKLEY, W.Va. – A Shady Springs man pled guilty to a gun crime, announced United States Attorney Mike Stuart. Joshua Radcliffe, 36, pled guilty to conspiring with Mark T. Radcliffe to using and carrying firearms in relation to maintaining drug-involved premises.
“It’s a serious red flag when employees associated with a medical practice have to carry guns for protection because of the clientele and the cash coming in,” said United States Attorney Mike Stuart. “Individuals fueled by greed who contribute to the opioid epidemic and prey on those suffering from addiction should take note – we will use every tool in our toolbox to hold you accountable.”
Radcliffe admitted that from 2010 through 2015, he was employed through PPPFD, Inc., the company that managed the daily operations of the HOPE Clinic. Radcliffe admitted that HOPE Clinic was predominately a cash based business and that the physicians at HOPE Clinic issued prescriptions for oxycodone and other Schedule II controlled substances to its customers not for legitimate medical purposes and outside the bounds of professional medical practice. Radcliffe worked at the Beckley and Beaver locations of the HOPE Clinic as the Clinic Manager. As the Clinic Manager, Radcliffe admitted to running the daily operations of the clinics and that PPPFD management made medical decisions that should have been made by the physicians and not by PPPFD employees. Because of the types of customers coming to the HOPE Clinic locations, including the Beckley HOPE Clinic located on Carriage Drive and the Beaver HOPE Clinic located on Lockheed Drive, specifically people seeking Schedule II controlled substances to feed their addiction or to illegally distribute, Radcliffe admitted that he carried a firearm to work. He further admitted that he, and other management at PPPFD, encouraged other PPPFD employees, especially the narcotic auditors and clinic managers, to carry firearms to work for protection because of the customers and the amount of cash coming into the clinics each day.
Radcliffe faces up to 20 years in prison when sentenced on January 15, 2020.
The investigation was conducted by the U.S. Department of Health and Human Services Office of Inspector General (OIG), the Internal Revenue Service – Criminal Investigations, the Food and Drug Administration, the Federal Bureau of Investigation, the West Virginia State Police, the Kentucky State Police, the Beckley Police Department, the Virginia State Police, the Charleston Police Department, and the Drug Enforcement Administration.
United States District Judge Irene Berger presided over the hearing. Assistant United States Attorneys Monica D. Coleman and Steven Loew are handling the prosecution.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. – A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Madison Man Charged with Robbing Portage Credit Union
Jeffrey J. Parker, 40, Madison, Wisconsin, is charged with robbing the Summit Credit Union in Portage, Wisconsin. The indictment alleges that Parker robbed the credit union on August 16, 2019.
If convicted, Parker faces a maximum penalty of 20 years in federal prison. The charge against him is the result of an investigation by the Portage Police Department, Columbia County Sheriff’s Office, Maple Bluff Police Department, Wisconsin State Patrol, and Federal Bureau of Investigation. Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.
Madison Man Charged with Gun Crime
Rojae A. Crosse, 21, Madison, Wisconsin, is charged with being a felon in possession of a firearm and ammunition. The indictment alleges that he possessed a handgun and ammunition on April 29, 2019.
If convicted, Crosse faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Madison and Sun Prairie Police Departments and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Elizabeth Altman is handling the prosecution.
Stevens Point Man Charged with Gun Crime
David Tejeda, 29, Stevens Point, Wisconsin, is charged with being a felon in possession of a firearm and ammunition. The indictment alleges that he possessed a rifle and ammunition on August 3, 2019.
If convicted, Tejeda faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Stevens Point Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Rita M. Rumbelow is handling the prosecution.
La Crosse County Man Charged with Gun Crime
Yovon C. Boyd, 34, West Salem, Wisconsin, is charged with being a felon in possession of a firearm and ammunition. The indictment alleges that he possessed a handgun and ammunition on October 16, 2018.
If convicted, Boyd faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the La Crosse Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey C. Stephan is handling the prosecution.
The indictments against Parker, Crosse, Tejeda, and Boyd have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
Chicago Man Faces Heroin Charge
Ron McClellan, 41, Chicago, Illinois, is charged with possessing heroin with the intent to distribute. The indictment alleges that he possessed heroin on June 18, 2019.
If convicted, McClellan faces a maximum penalty of 20 years in federal prison. The charge against him is the result of an investigation by the Dane County Narcotics Task Force. Assistant U.S. Attorney Aaron D. Wegner is handling the prosecution.
Indiana Man Charged with Producing Child Pornography & Traveling Interstate to Engage In Illicit Sexual Conduct
Adrian C. Gardiner, 40, Hammond, Indiana, is charged with two counts of using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct. He is also charged with two counts of traveling interstate for the purpose of engaging in illicit sexual conduct with a minor. The indictment alleges that he produced the child pornography on July 2 and August 13, 2019, and that he engaged in interstate travel to engage in illicit sexual conduct with a minor on August 5 and August 13, 2019.
If convicted, Gardiner faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison on each of the child pornography counts, and a maximum of 30 years on each of the interstate travel counts. The charges against him are the result of an investigation by the Cottage Grove Police Department, Wisconsin Department of Justice Division of Criminal Investigation, and the Indiana State Police. Assistant U.S. Attorney Elizabeth Altman is handling the prosecution.
Texas Man Charged with Fraud Scheme
Emmanuel Odiah, also known as James Princeton and Ryan Greg Mornsen, 32, Dallas, Texas, is charged in a superseding indictment with one count of conspiring to commit money laundering with individuals not identified in the indictment. The indictment alleges that Odiah opened bank accounts in New York and Georgia in the names of James Princeton and Ryan Greg Mornsen using fraudulent United Kingdom passports, and that he and co-conspirators in Nigeria and Ghana created fake profiles on internet dating sites, gained victims’ trust, and then defrauded victims out of money in a variety of ways.
The indictment alleges that between May 3, 2017 and March 11, 2019, victims of this scheme in Wisconsin, Georgia, California, and Florida transferred money to the James Princeton and Ryan Greg Mornsen bank accounts controlled by Odiah. The indictment alleges that Odiah converted the fraud proceeds to cash or money orders through a series of ATM withdrawals and debit card transactions. The indictment further alleges that between August 8 and November 29, 2017, Odiah’s co-conspirators directed an individual to wire transfer $66,800 from a bank account in Woodruff, Wisconsin to an account in New York controlled by Odiah in the name of James Princeton.
Odiah was originally charged with this offense in a sealed indictment returned by the grand jury on June 26, 2019. He was arrested on July 10 in Texas and was brought to the Western District of Wisconsin. He is being held in custody pending his trial, which is set for December 9, 2019 before U.S. District Judge William M. Conley.
If convicted, Odiah faces a maximum penalty of 20 years in federal prison. The charge against Odiah is the result of an investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Vilas County Sheriff’s Office. Assistant U.S. Attorney Meredith P. Duchemin is handling the prosecution.
Fort Leonard Wood Man Sentenced for Domestic AssaultRead the Press Release
SPRINGFIELD, Mo. – A civil service employee at the Fort Leonard Wood Army Base has been sentenced in federal court for assaulting his ex-wife and another person.
Kerwin Omar Martin, 51, was sentenced by U.S. District Judge Brian C. Wimes on Tuesday, Aug. 27, to two years and 10 months in federal prison without parole.
Both Martin and his ex-wife were out of active duty service in the U.S. Army. They were employed in the civil service at Fort Leonard Wood and resided on base.
On April 10, 2019, Martin pleaded guilty to one count of domestic assault and one count of assault. Martin admitted that he smashed the living room window and climbed into his ex-wife’s residence on Oct. 9, 2018, while she was with their child and another person, identified in court documents as S.P. Martin’s ex-wife called 911 while all three of them ran out the back door. Martin followed them and assaulted S.P. When Martin and his ex-wife were back inside the residence, he grabbed her by the throat and she lost consciousness. Martin then pushed her up against the wall and punched her in the forehead. When Military Police arrived at the residence, the officer saw Martin holding his ex-wife against the wall and punching her in the head and face.
According to court documents, Martin had stalked and threatened his ex-wife during the fall of 2018.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Military Police Investigations and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Former Seattle Tech Worker Indicted on Federal Charges for Wire Fraud and Computer Data TheftRead the Press Release
A former Seattle technology company software engineer was indicted today by a federal grand jury on two counts related to her unauthorized intrusion into stored data of more than 30 different companies, announced U.S. Attorney Brian T. Moran. PAIGE A. THOMPSON a/k/a erratic, 33, will be arraigned on the indictment in U.S. District Court in Seattle on September 5, 2019. THOMPSON remains in custody.
THOMPSON is charged with wire fraud and computer fraud and abuse for the intrusion into data of Capital One and more than 30 other entities. Law enforcement has identified many of the victims whose data was accessed and is working to notify them. The indictment describes some of the victims as a state agency outside the State of Washington; a telecommunications conglomerate outside the United States; and a public research university outside the State of Washington.
According to the indictment, THOMPSON created scanning software that allowed her to identify customers of a cloud computing company who had misconfigured their firewalls, allowing outside commands to penetrate and access their servers. THOMPSON used this access not only to steal data, but also used stolen computer power to “mine” cryptocurrency for her own benefit, a practice known as “cryptojacking.”
Law enforcement became aware of THOMPSON’s activity after she shared information with another user on the site GitHub relating to her theft of information from the servers storing Capital One data. On July 17, 2019, the GitHub user alerted Capital One to the possibility it had suffered a data theft. After determining on July 19, 2019, that there had been an intrusion into its data, Capital One contacted the FBI. Cyber investigators confirmed THOMPSON was the person responsible for the data theft. On July 29, 2019, agents executed a search warrant at THOMPSON’s residence and seized electronic storage devices containing a copy of the data. Investigators have found no evidence that THOMPSON sold or disseminated any of the information she accessed.
The charges in the indictment carry penalties of up to 25 years in prison.
The charges contained in the indictment 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 case is being investigated by the FBI. The case is being prosecuted by Assistant United States Attorneys Steven Masada and Andrew Friedman.
thompson_indictment.pdfFormer Operators of Michigan Adult Foster Care Homes Sentenced for Income and Employment Tax CrimesRead the Press Release
The owners and operators of multiple Michigan adult foster care homes were sentenced today for federal tax crimes. Jeremiah Cheff was sentenced to 27 months in prison, and Nicolette Cheff was sentenced to two years of probation, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Matthew Schneider for the Eastern District of Michigan.
According to court documents and the evidence presented at trial, Jeremiah and Nicolette Cheff (“the Cheffs”) owned and controlled the financial and business operations of 16 foster care homes that cared for individuals with mental illnesses and developmental and physical disabilities. From September 2010 through September 2014, the Cheffs withheld payroll taxes from employees’ paychecks, but failed to timely file payroll tax returns and pay over the withheld funds to the Internal Revenue Service (IRS). Jeremiah Cheff also failed to file several individual income tax returns and, when the IRS attempted to collect unpaid payroll taxes, he sent the IRS a false financial instrument claiming to be worth $80,000 and falsely claimed to a revenue officer that he had paid the taxes due.On April 11, 2017, Nicolette Cheff pleaded guilty to failing to file an Employer’s Quarterly Federal Tax Return and failing to file an Individual Income Tax Return.
On May 20, 2019, a jury found Jeremiah Cheff guilty of 60 counts of willfully failing to account for and pay over payroll taxes. He was also convicted of corruptly endeavoring to obstruct the IRS, and failing to timely file his 2013 through 2015 individual income tax returns.
In addition to the term of imprisonment imposed, United States District Judge Linda V. Parker ordered Jeremiah Cheff to serve two years of supervised release, and ordered both to pay restitution in the amount of $199,647 to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Schneider commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Jeffrey A. McLellan and Carl F. Brooker, IV, of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.Former Member of NYPD Arrested for Stealing More Than $130,000 in Social Security Benefits Intended for His ChildrenRead the Press Release
Earlier today, Michael Conway was arrested on a complaint charging him with wire fraud. Between August 2009 and September 2018, Conway allegedly stole more than $130,000 from the Social Security Administration (“SSA”) that was intended for his two minor children. Conway will make his initial appearance this afternoon in federal court in Brooklyn before United States Magistrate Judge James Orenstein.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and Gail S. Ennis, Inspector General, SSA, announced the charges.
“As alleged in the complaint, for nearly a decade, the defendant committed a fraud on his family and SSA by unlawfully collecting and keeping funds that had been provided for the care of his children based on false statements he made to the government,” stated United States Attorney Donoghue. “This Office will remain vigilant in identifying and prosecuting those like the defendant who collect benefits to which they are not entitled.”
“This arrest should serve as a warning to those who choose to defraud Social Security’s disability programs,” stated SSA Inspector General Ennis. “We vigorously pursue fraud allegations, and work closely with United States Attorney’s Offices across the country to bring offenders to justice. I encourage the public to report suspected Social Security fraud to our fraud hotline at 1-800-269-0271 or http://oig.ssa.gov/report.”
According to the complaint, Conway, a former member of the New York City Police Department (NYPD), began receiving Retirement, Survivors and Disability Insurance (RSDI) benefits from the SSA in May 2009 for a work-related injury he suffered while employed by the NYPD. Eligible family members may also receive RSDI benefits, or auxiliary benefits. In August 2009, Conway applied for auxiliary benefits on behalf of his twin children, who were 8-years-old at the time. Conway falsely claimed that his children resided with him in Queens and that no other relatives provided financial support for the children. Based on the false information provided by the defendant, the SSA approved the application and granted Conway’s request to receive and manage the SSA funds to which his children were entitled. Conway’s fraud was uncovered when his son, upon applying to the SSA for benefits, learned that SSA had been paying benefits to Conway on his children’s behalf since 2009 and that Conway had received a total of $138,016.60. The twins’ mother informed the SSA that she was awarded custody of the children in December 2002 and they had never lived with the defendant.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Conway faces a statutory maximum of 20 years’ imprisonment and restitution.
The government’s case is being handled by the Office’s Public Integrity Section. Special Assistant United States Attorney Virginia Nguyen is in charge of the prosecution.
The Defendant:
MICHAEL CONWAY
Age: 60
Queens, New York
E.D.N.Y. Docket No. 19-MJ-753Former Medical Student Sentenced to over Seven Years in Federal Prison for Selling Guns to a FelonRead the Press Release
A former medical student who sold two guns to a felon and tried to pay for a murder with a machine gun was sentenced today to more than seven years in federal prison.
Steven Arce, age 36, from Waterloo, Iowa, previously from Florida, received the prison term after a March 20, 2019, guilty plea to one count of selling a firearm to a felon.
In a plea agreement, Arce admitted that, on December 21, 2018, he sold an AR-15 rifle to another person whom he knew to be a felon. During the exchange, Arce asked the felon if the felon could murder one of Arce’s medical school professors. The felon told Arce he would need to talk to someone more qualified.
On January 2, 2019, Arce sold a second gun to the same convicted felon. During this meeting, Arce and the felon arranged to meet with a hitman the next day. Arce told the felon that he might want to delay killing the professor because Arce was pursuing an appeal regarding his expulsion from medical school. Arce said he might want someone to give the professor a beating instead. During this same meeting, Arce told the felon that Arce had two automatic weapons, or machineguns, that he could assemble.
On January 3, 2019, Arce met with the hitman, who was actually an undercover law enforcement officer. During the meeting, Arce told the officer posing as a hitman that Arce now wanted his girlfriend’s ex-boyfriend killed but might want the professor killed at a later time. Arce offered to give the hitman a machinegun as a down payment on the murder.
Law enforcement later arrested Arce and searched his apartment in Waterloo. During the search, officers found two additional guns in full working order. Officers also found a box of gun parts. These parts were examined by an expert, who concluded that the parts could be assembled into a machinegun. Such a gun would have been able to fire in either semiautomatic or fully automatic modes.
Arce was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Arce was sentenced to 90 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Arce is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Federal Bureau of Investigation, the Iowa Division of Narcotics Enforcement, and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-cr-2005.
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Former Credit Union CEO Pleads Guilty to Bank FraudRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian C. Turner, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that JAMES FARRELL, 55, of East Haven, waived his right to be indicted and pleaded guilty today before U.S. District Judge Stefan R. Underhill in Bridgeport to one count of bank fraud.
According to court documents and statements made in court, Farrell was the Chief Executive Officer of the New Haven County Credit Union (“NHCCU”) from approximately 1992 to June 2015. He was then retained by NHCCU’s Board of Directors to provide assistance to the new CEO of NHCCU until March 2016. From 2010 until 2016, Farrell also provided financial and bookkeeping services to The Rib House, a restaurant located in East Haven. The Rib House maintained a business account at NHCCU, and Farrell was primarily responsible for depositing cash sales and paying invoices for the restaurant. In pleading guilty, Farrell admitted that he defrauded NHCCU by transferring of funds from NHCCU’s general ledger account to the account held by The Rib House.
As part of the scheme, when Farrell knew that The Rib House had a financial obligation it could not meet, he transferred funds from the NHCCU general ledger account into The Rib House account. This allowed The Rib House to pay its operating costs, including paying for taxes, food, liquor and other operating expenses. Between July 2011 and March 2016, Farrell fraudulently transferred $602,908.96 from the NHCCU general ledger account primarily to The Rib House account and, to a lesser extent, for his personal benefit. Over time, Farrell replenished $370,278.18 to the NHCCU general ledger account, leaving a shortfall of $232,630.78.
Judge Underhill scheduled sentencing for November 20, 2019, at which time Farrell faces a maximum term of imprisonment of 30 years.
Farrell has paid full restitution to NHCCU.
Farrell is released on bond pending sentencing.
This investigation is being conducted by the Federal Bureau of Investigation and the case is being prosecuted by Assistant U.S. Attorney Ray Miller.
Former Controller of College of New Rochelle Sentenced to 3 Years in Prison for Failure to Pay Payroll Taxes and Securities FraudRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that KEITH BORGE, the former controller of the College of New Rochelle (“CNR”), was sentenced to 36 months in prison for failing to pay more than $20 million in payroll taxes and for securities fraud. BORGE pled guilty to both charges in March 2019. U.S. District Judge Vincent L. Briccetti imposed today’s sentence.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Keith Borge failed to pay payroll taxes on behalf of CNR’s employees, and covered up CNR’s true financial condition. Borge thereby denied CNR’s leaders the opportunity to address the college’s financial problems, defrauded CNR’s bondholders, and left the college with a $20 million tax liability. He is now paying the price for those crimes.”
According to the allegations contained in the Information and other publicly filed documents:
From in or about 2011 to in or about August 2014, BORGE was the vice president for financial affairs at CNR, a private college with its main campus in New Rochelle, New York. From in or about August 2014 to in or about June 2016, BORGE was CNR’s controller. CNR had approximately 500 to 900 paid employees, depending on the time of year. The college withheld from its employees’ pay both federal income tax and its employees’ contributions to Social Security and Medicare. Federal law required that the college pay over those withheld taxes and contributions within one week of the day it paid its employees. During that one-week period, CNR held those withheld taxes and contributions in trust for the federal government.
As controller, BORGE managed CNR’s financial affairs and was responsible for paying over withheld payroll taxes and contributions. From the third quarter of 2014 through the second quarter of 2016, BORGE failed to do so. By the end of the second quarter of 2016, BORGE had failed to pay over more than $20 million in combined federal and state payroll taxes and contributions.
BORGE also made false entries into CNR’s books and records to conceal the college’s actual financial condition. As a result, CNR’s financial statements for its fiscal year ending June 30, 2015, reported the college had net assets of $25 million, which was an overstatement by at least $24 million. Among other things, BORGE caused the financial statements to understate CNR’s liability for federal and state payroll taxes by approximately $11 million; to overstate accounts receivable by approximately $9.2 million by recognizing pledged donations twice; to understate accounts payable by at least $1.5 million by failing to enter unpaid vendor invoices into CNR’s books and records; and to overstate investment assets by at least $2.2 million by recognizing assets that did not exist and by failing to enter his withdrawals from CNR’s investment accounts into the college’s books and records.
BORGE caused CNR’s inaccurate financial statements for the fiscal year ending June 30, 2015, to be released to the public by, among other things, providing the financial statements to the Municipal Securities Rulemaking Board for publication on the Electronic Municipal Market Access web site, where they could be reviewed by the investing public. As a result, investors in bonds issued by the college through the City of New Rochelle Industrial Development Agency were defrauded by BORGE’s materially false and misleading statements in CNR’s financial statements.
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In addition to the prison term, BORGE, 63, of Valley Cottage, New York, was sentenced to three years of supervised release and ordered to pay a fine of $25,000.
Mr. Berman praised the outstanding investigative work of the Postal Inspection Service and IRS-CI and also thanked the Securities and Exchange Commission, which has brought a civil proceeding against Borge.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys James McMahon and Dan Loss are in charge of the prosecution.
Former Chief Financial Officer Sentenced to Federal Prison for Conspiracy Related to $20 Million Ponzi SchemeRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Bradley Mascho, age 53, of Frederick, Maryland, to 30 months in federal prison, followed by three years of supervised release, for conspiracy to commit securities fraud and for making a false statement. Judge Xinis also ordered Mascho to pay restitution of $4,824,131.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, beginning in at least 2009, Mascho worked with Dawn J. Bennett at Bennett Group Financial Services, LLC (“BGFS”), which Bennett used to provide investment advice and financial services to clients in Maryland and elsewhere. In 2013, Bennett formed DJB Holdings, d/b/a DJBennett.com, an Internet retail website for luxury sportswear. At times and at Bennett’s request, Mascho acted as the Chief Financial Officer of DJB Holdings.
According his plea agreement, between December 2014 and April 2017, Bennett and Mascho solicited individuals, including BGFS clients, to invest money in DJB Holdings, offering an annual interest rate of 15% via convertible or promissory notes. In order to entice individuals to invest, Bennett and Mascho made false and misleading statements, including: how investors’ funds were being used; the risks of investing in DJB Holdings; and concealing the true financial condition of DJB Holdings from investors. Bennett and Mascho convinced several investors to withdraw a significant portion of their retirement accounts to invest in, and loan money to, DJB Holdings.
Between December 2014 and July 2017, Bennett and Mascho solicited and received over $20 million from more than 40 different investors. The evidence showed that Bennett, and to a lesser extent Mascho, misappropriated investor funds, using them to pay their personal expenses and to repay previous investors with funds received from new investors. This is consistent with a Ponzi scheme--a fraudulent investment scheme in which the operator of the scheme solicits investors by promising high rates of return with little risk. The scheme operator then funds payments to the earlier investors through funds obtained through new investors. Typically, the operator of the scheme will use investment funds for purposes other than what was conveyed to the investors.
Further Mashco admitted that on June 19, 2017, he lied under oath in a deposition related to an investigation by the U.S. Securities and Exchange Commission (SEC) into Bennett and DJB Holdings’ unlawful issuance of convertible notes to investors. Mascho admitted that before the deposition, he spoke with Dawn Bennett extensively about his testimony and that his false statements to the SEC were all made under Bennett’s direction and at her insistence.
From 2014 through 2016, Mascho received compensation from BGFS and Bennett personally of approximately $209,000 to $219,000.
On July 31, 2019, U.S. District Judge Paula Xinis sentenced Dawn J. Bennett, age 56, of Chevy Chase, Maryland, to 20 years in federal prison, followed by five years of supervised release, for 17 federal charges including conspiracy, securities fraud, wire fraud, bank fraud, and making false statements on a loan application. Judge Xinis ordered that Bennett must pay restitution of $14,504,290 and forfeiture of $14,306,842. After deliberating for fewer than five hours, a federal jury convicted Bennett of those charges on October 17, 2018.
United States Attorney Robert K. Hur commended the FBI for its work on this investigation and thanked the SEC. Mr. Hur praised Assistant U.S. Attorneys Erin B. Pulice, Thomas P. Windom, and Gregory D. Bernstein, who prosecuted the case.
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Former CBP Employee Pleads Guilty to Using OPM Data Breach to Falsely Claim Identity Theft to Charge-Off Legitimate DebtsRead the Press Release
WASHINGTON – Ronda M. Young, 50, a former Management & Program Analyst for the U.S. Department of Homeland Security, Customs & Border Protection (CBP), pleaded guilty on August 12, 2019, before the Honorable Ellen S. Huvelle, to one count of making a false statement, and one count of second degree felony fraud.
U.S. Attorney Jessie K. Liu made the announcement on August 12, 2019.
According to court papers, from April 2010, through November 2017, Young obtained and used credit from J.P. Morgan Chase, Wells Fargo, Barclays Bank and FedChoice Federal Credit Union, for, among other things, personal domestic and international travel, furniture, and to register for the CBP Trusted Traveler/Global Entry Program. Young then used the 2015 Office of Personnel Management data breach to submit a false complaint and affidavit claiming that she was the victim of identity theft and that she neither applied for, obtained, nor used, the credit for her personal benefit, which in turn caused the financial institutions to charge-off approximately $34,664 in legitimate debts. Young admitted to engaging in the scheme to defraud the financial institutions to improve her credit history in anticipation of an upcoming background investigation.
When CBP conducted Young’s five-year background investigation in March 2018, she made false statements to the agents conducting the interviews on two occasions. First, Young falsely claimed that she paid the debts in full and would provide documentation reflecting the payments. At a subsequent interview, Young claimed that she misspoke and said that she was the victim of identity theft from the OPM breach, the debts were not hers, and that she had disputed the debts, which should have been removed from her credit report. Young made the false statements to the agents knowing that she had lawfully incurred the debts and that the claims of identity theft were false. She also knew that her financial background and credit history were material to her background investigation.
In announcing the plea, U.S. Attorney Liu commended the work of those agents who investigated the case from U.S. Customs and Border Protection's Office of Professional Responsibility. She also acknowledge the work of Assistant United States Attorney Denise A. Simmonds of the Fraud and Public Corruption Section, who investigated and prosecuted this matter, as well as Paralegal Specialist Brittany Phillips, who worked on the investigation.
Former Buncombe County Manager, Three Former County Employees, and A County Contractor Are Sentenced to Prison for Embezzling Public FundsRead the Press Release
ASHEVILLE, N.C. – U.S. Attorney Andrew Murray announced that former Buncombe County Manager, Wanda Greene, three former County employees, and a County contractor involved in embezzlement schemes that defrauded the County of hundreds of thousands of dollars were sentenced to prison today by U.S. District Judge Robert J. Conrad, Jr.
Wanda Skillington Greene, 68, of Arden, N.C. was sentenced to 84 months in prison and one year of supervised release, and was ordered to pay a $100,000 fine. On January 16, 2019, Wanda Greene pleaded guilty, in three separate indictments, to embezzling public funds and aiding and abetting such embezzlement; federal program fraud; making and subscribing a false federal tax return; and receipt of bribes and kickbacks and aiding and abetting.
Amanda (Mandy) Louise Stone, 60, of Black Mountain, N.C., was sentenced to 33 months prison and one year of supervised release. She was also ordered to pay a $15,000 fine. On January 2, 2019, Stone pleaded to conspiracy to commit federal program fraud through the receipt of bribes and kickbacks.
Jon Eugene Creighton, 68, of Asheville, was ordered to serve 18 months in prison followed by one year under court supervision, and to pay a $25,000 fine. On October 30, 2018, Creighton pleaded guilty to conspiracy to commit federal program fraud through the receipt of bribes and kickbacks.
Michael Gene Greene, 48, of Arden, was ordered to serve six months in prison, one year of supervised release, and to pay a $5,000 fine. On July 27, 2018, Michael Greene pleaded guilty to conspiracy to embezzle Buncombe County funds.
Judge Conrad also sentenced Joseph F. Wiseman, Jr., 59, of Roswell, Georgia, to 37 months in prison and one year of supervised release. Wiseman was also ordered to pay a $15,000 fine. Wiseman pleaded guilty to a conspiracy charge on February 7, 2019, for his role in a bribery scheme involving Wanda Greene, Creighton, and Stone.
Wanda Greene, Michael Greene, Creighton, and Stone have already entered into legal agreements with Buncombe County to pay the County for the amounts they misappropriated, therefore the Court did not impose any additional restitution as part of their sentences. The final restitution amount against Wiseman will be determined by the Court at a later date.
In announcing today’s sentences, U.S. Attorney Murray said, “This is a reprehensible group of individuals, whose ethical obligation to their community took a back seat to personal gain. As the ringleader, Wanda Greene exploited her vast knowledge of the county’s operations to orchestrate various financial schemes, and solicited willing co-conspirators to carry out the fraud. These five defendants repeatedly and egregiously plundered County funds, stealing thousands of public dollars, while they operated with utter impunity, believing they were beyond the law. Even worse, each of them did more than take public money. Their actions destroyed the public’s trust in those whose ethical standards should have been beyond reproach. But today is their day of reckoning. Today, justice was served, as prison time is in their future for their deliberate violations of the law – a law that applies equally to everyone regardless of stature or position.”
“The prison sentences handed down today serve as a reminder that there are consequences for robbing communities of the honest government they deserve. The FBI and our law enforcement partners will pursue anyone, including public officials who treat government funds like their own personal piggy bank,” said John Strong, Special Agent in Charge of the FBI in North Carolina.
“No matter the source of income, all income is taxable,” said Special Agent in Charge Matthew D. Line of the Internal Revenue Service Criminal Division. “The prosecution of individuals who intentionally conceal income and evade taxes is a vital element of the IRS’ enforcement strategy. Today’s sentencing is a direct result of the excellent partnership IRS, FBI, SBI and the U.S. Attorney’s Office has in combating violation of the federal law. This sentence should serve as a deterrent to those who might contemplate similar fraudulent actions.”
“The North Carolina State Bureau of Investigation is grateful to have contributed to this important investigation. We commend U.S. Attorney Andrew Murray, his staff and our colleagues at the FBI and IRS-CI for sending an unambiguous message to corrupt public officials that justice will triumph,” said SBI Director Robert Schurmeier.
According to the filed indictments, plea documents, and today’s sentencing hearings:
Wanda Greene was appointed as County Manager for Buncombe County (the County) in 1997, and remained in that position until her retirement in June 2017. As County Manager, Wanda Greene was responsible for directing and supervising the administration of all county offices, departments, boards, commissions and agencies controlled by the Board of Commissioners. She also had the authority to approve the awarding of certain contracts between the County and private contractors, including contracts for engineering and consulting services.
Creighton began working for the County in March 1982. From 1985 until he retired in December 2017, Creighton was the Director of the County’s Department of Planning and Development. As part of his duties, Creighton negotiated contracts between the County and private contractors, and was responsible for signing such contracts on behalf of the County. From 1997 until his retirement, Creighton also had a dual appointment as Assistant County Manager.
Stone began working for the County in the 1980s. In 1994, she became the Assistant Director of the County’s Department of Social Services, and became the Department’s Director in 2001. Beginning 2005, Stone also had a dual appointment, along with Creighton, as Assistant County Manager. She held both positions until she became County Manager upon Greene’s retirement. Stone retired from the County in June 2018.
Wiseman was a licensed Professional Engineer. From the mid-1980s through 2018, Wiseman was the agent and contractor for three businesses, and, during the relevant time period, Wiseman obtained a combined total of more than $15 million in contracts with Buncombe County for consulting and engineering services.
Wanda Greene, Creighton, and Stone (the County Officials) engaged in a bribery scheme with Wiseman and used their official positions to enrich and benefit themselves by soliciting and accepting all-expense paid vacations, gifts, payments, and other things of value, totaling more than $75,000 from Wiseman, in exchange for awarding Wiseman and the companies he represented with lucrative county contracts and projects. Wiseman understood and agreed that providing the trips, gifts, and other things of value to the three County Officials was a necessary condition for his companies to continue to obtain contracts with the County.
Wanda Greene orchestrated a separate scheme with her son, Michael Greene, who was employed by the County as an Information Systems Security Officer, by which they embezzled public funds by misusing their County-issued government credit cards and the government credit cards of other employees, to make approximately $200,000 worth of improper purchases.
Wanda Greene also misappropriated more than $2.3 million of the County’s money to fund a fraudulent life insurance policy scheme involving the purchase of whole life insurance policies for herself and other County employees. Upon her retirement from her County employment, Wanda Greene fraudulently obtained $396,000 by cashing out her two life insurance policies.
Wanda Greene also failed to report to the IRS the additional income she received through her embezzlement schemes as well as whole life insurance policies schemes, and filed false federal tax returns with the IRS for years 2012 through 2017.
Following their sentencing hearings, the defendants were released on bond, and will be ordered to report to the federal Bureau of Prison upon designation of a federal facility to begin serving their sentences. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the FBI, IRS-CI and the SBI for their outstanding investigative work, and noted that the investigation into allegations of criminal activities within the Buncombe County Government is ongoing.
Assistant United States Attorney Richard Edwards, of the U.S. Attorney’s Office in Asheville, is in charge of the prosecution.
Florida Realtor Pleads Guilty to Making A False Statement to A Financial InstitutionRead the Press Release
Tampa, Florida – Brannon Rue (47, Oviedo) has pleaded guilty to making a false statement to a financial institution. He faces a maximum penalty of 30 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Rue executed a scheme to influence financial institutions to approve short sales of real estate at a loss by making false statements on various documents. In furtherance of his scheme, Rue formed and controlled Hatley Partners, which he used to mask his role as the true purchaser of short-sale properties and to profit from the subsequent sale of the properties.
The purchase contracts for the short sales that were submitted to the financial institutions falsely represented that someone other than Rue was the buyer’s/seller’s agent. The related HUD-1 Settlement Statements also falsely stated that real estate agent commissions were to be paid to third-party realtors. In reality, Rue was the real estate agent who should have been listed on the purchase contracts and the HUD-1s because Rue ultimately received the real estate commissions.
Additionally, each short sale transaction included a Short Sale Affidavit signed and certified by Rue, stating that no relationship existed between the buyer/seller and the real estate agents. Rue falsely certified the affidavits to influence the financial institutions to approve the short sales. The Federal Housing Administration, Fannie Mae, or Freddie Mac insured or guaranteed the balance and interest for the mortgage loans associated with the affected properties.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General and the U.S. Department of Housing and Urban Development –Office of Inspector General. It is being prosecuted by Special Assistant United States Attorney Chris Poor.
Federal complaint charges Savannah man with fire-related offensesRead the Press Release
SAVANNAH, GA: A Savannah man has been charged in a federal complaint with charges related to a fire.
In a complaint unsealed in U.S. District Court in Savannah today, Aug. 28, Barry Wright, 52, of Savannah, was charged with one count of possession of an unregistered destructive device, and one count of the use of fire or explosive to commit a felony offense, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. Each charge carries a possible sentence of up to 10 years in prison, and there is no parole in the federal system.
Criminal complaints contain only charges; defendants are presumed innocent unless and until proven guilty.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Savannah Police Department, and is being prosecuted for the United States by Assistant U.S. Attorneys Tania Groover and Joseph McCool.
Federal Corrections Officer Sentenced to 120 Months on Firearm, Drug and Bribery ConvictionsRead the Press Release
ALBANY, NEW YORK – Federal Bureau of Prisons Corrections Officer Carlos Ochoa, age 33, of Puerto Rico, was sentenced today in two separate cases to a total of 120 months in prison.
The announcement was made by:
- United States Attorneys Grant C. Jaquith (Northern District of New York) and Rosa Emilia Rodríguez-Vélez (District of Puerto Rico);
- Federal Bureau of Investigation (FBI) Special Agents in Charge James N. Hendricks (Albany Field Office) and Douglas A. Leff (San Juan Field Office); and
- Department of Justice Office of the Inspector General (DOJ OIG) Special Agents in Charge James F. Boyersmith (Miami Field Office) and Guido Modano (New York Field Office).
In one case, which was originally charged in the District of Puerto Rico before being transferred to the Northern District of New York, Ochoa pled guilty and admitted to working with an individual in Puerto Rico in 2017 to provide an armed escort for a shipment of multiple kilograms of cocaine in exchange for $5,000. At the time, Ochoa was working as a Federal Corrections Officer in Puerto Rico. He pled guilty to attempting to aid and abet possession with intent to distribute controlled substances, and possession of a firearm in furtherance of a drug trafficking crime. This case was also investigated by the Miami Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
In the second case, charged in the Northern District of New York, Ochoa pled guilty and admitted to accepting a $600 cash bribe in October 2012, in exchange for smuggling an iPhone to an inmate while Ochoa was employed at Federal Correctional Institution (FCI) Ray Brook, New York. He pled guilty to bribery by a public official.
Senior United States District Judge Frederick J. Scullin, Jr. also imposed a 4-year term of supervised release, to begin after Ochoa is released from prison. Ochoa was also ordered to forfeit $17,840 and a black 2015 Cadillac Escalade.
These cases were investigated by the FBI, the U.S. Department of Justice Office of the Inspector General, and the ATF.
The cases were prosecuted by Assistant U.S. Attorneys Douglas Collyer and Katherine Kopita of the Northern District of New York, and Assistant U.S. Attorney Seth A. Erbe of the District of Puerto Rico.
Father and Son Sentenced to Prison for Making Fraudulent Titanium Sales to Defense SubcontractorRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that a father and son who pleaded guilty to offenses stemming from the fraudulent sale of titanium to a Connecticut defense subcontractor were sentenced today in Bridgeport federal court. U.S. District Judge Stefan R. Underhill sentenced JOHN J. PALIE, JR., 64, of Tiverton, Rhode Island, to 10 months of imprisonment and two years of supervised release, and JOHN J. PALIE III, 43, of Plymouth, Massachusetts, to six months of imprisonment and two years of supervised release. Judge Underhill also ordered Palie Jr. to pay a $10,000 fine.
According to court documents and statements made in court, John Palie, Jr. is the owner and Chief Executive Officer of A&P Alloys, Inc. (“A&P”), a company in West Bridgewater, Massachusetts, that acquired and sold specialty metals, including titanium. John Palie III was a manager at A&P, having responsibilities for, among other things, the purchase and sale of titanium, and the preparation of titanium orders for shipment and delivery to customers. Palie Jr. and Palie III have admitted that they arranged two separate titanium sales to Lewis Machine, a Connecticut-based aircraft parts manufacturer, that involved false representations about the source and quality of the titanium. Lewis Machine supplies titanium parts to Pratt & Whitney, which manufactures aircraft engines, including engines for U.S. Air Force fighter jets.
In April and May 2012, Palie Jr. and Palie III arranged a sale of 11 pieces of titanium to Lewis Machine, representing that the titanium had been certified as meeting an advanced aerospace quality standard when, in fact, it had never been certified as such. The order listed Pratt & Whitney as the end buyer of the titanium.
In 2013, Palie Jr. and Palie III arranged another sale of titanium to Lewis Machine with Pratt & Whitney as the end buyer. In August 2013, Palie III arranged for 400 pieces of titanium, along with certificates stating that the titanium originated from a particular mill and satisfied an advanced aerospace quality standard, to be delivered to Lewis Machine. Due to concerns about the quality of the titanium, Pratt & Whitney directed Lewis Machine not to accept the titanium. Palie III agreed to replace the 400 pieces with other titanium that satisfied the quality standard in question. However, instead of replacing the titanium, he arranged for the returned 400 pieces to be sandblasted and re-stamped with the manufacturer’s mark of a different titanium mill so that they appeared to be replacements for the returned pieces. In November 2013, Palie III had the falsely labeled pieces, along with false certificates, shipped back to Lewis Machine.
According to documents filed in the criminal case, John Palie Jr. and A&P settled a related civil lawsuit by agreeing to pay Pratt & Whitney $690,000 for losses Pratt & Whitney incurred in remediating problems caused by the uncertified titanium.
On June 27, 2018, Palie Jr. and Palie III each pleaded guilty to two counts of mail fraud.
This is Palie Jr.’s second federal conviction. In January 2004, he was sentenced in the District of Massachusetts to two years of probation for failing to pay income taxes on more than $249,000 in business revenues that he diverted into a personal bank account.
“This prosecution and sentences that involve periods of incarceration send the message that suppliers of material to be used in military equipment face a very real possibility of prison time if they cut corners, cheat the system and potentially put members of our military at risk,” said U.S. Attorney Durham.
“Ensuring the integrity of the U.S. Department of Defense’s (DoD) procurement process is a top priority for the Defense Criminal Investigative Service (DCIS),” said Leigh-Alistair Barzey, Special Agent in Charge of the DCIS Northeast Field Office. “Supplying substandard and non-conforming material disrupts the DoD supply chain, endangers the lives of U.S. service members and betrays the public’s trust. Today’s sentencing is the direct result of a joint investigative effort and demonstrates our commitment to work with partner law enforcement agencies and the U.S. Attorney’s Office to investigate and prosecute individuals and companies that engage in fraudulent activity impacting the DoD.”
“Today's sentencing sends a clear signal that ensuring the safety of the Nation’s air transportation system remains a priority for the Department of Transportation Office of Inspector General (DOT-OIG),” said Douglas Shoemaker, DOT-OIG Regional Special Agent-in-Charge. “Working with our law enforcement and prosecutorial colleagues, we will continue to pursue and prosecute those whose illegal actions compromise the integrity of the Department’s safety programs and potentially endanger the travelling public.”
This matter was investigated by the Defense Criminal Investigative Service, the U.S. Department of Defense Office of Inspector General, the U.S. Air Force Office of Special Investigations, and the U.S. Department of Transportation, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Henry Kopel.
Fallon Doctor and Sparks Nurse Indicted for Unlawfully Prescribing OpioidsRead the Press Release
RENO, Nev. – A doctor and nurse were charged in a 15 count indictment alleging they conspired to prescribe opioids not in the usual course of professional practice, announced United States Attorney Nicholas A. Trutanich for the District of Nevada and Assistant Special Agent in Charge Daniel W. Neill of the DEA.
Dr. Gary Ridenour, 71, of Fallon, and Derek Braddix, 36, of Sparks, were charged with one count of conspiracy to distribute controlled substances and one count of maintaining a drug-involved premises. In addition, Dr. Ridenour was charged with six counts of distribution of schedule II, III, IV substances hydrocodone, Tylenol with codeine, and alprazolam. Braddix was charged with four counts of distribution of Hydrocodone and three counts of distribution of Alprazolam. Dr. Ridenour was detained yesterday until September 4, when his detention hearing will continue. Braddix is on conditions of pretrial release.
As alleged in the indictment, from 2016 to February 2019, Dr. Ridenour and Braddix conspired to prescribe and did prescribe Hydrocodone, Tylenol with Codeine, Alprazolam, and Carisoprodol, all without a legitimate medical purpose and not in the usual course of professional practice. Furthermore, they maintained a medical practice along Reno Highway in Fallon, Nevada when they unlawfully prescribed these substances.
In an unrelated indictment, Dr. Ridenour was also charged for unlawful possession of a .22 caliber rifle, a .17 caliber rifle, a .45 caliber pistol, and a 7.62 caliber rifle after having a prior felony conviction in Nevada.
An indictment is merely an allegation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The unlawful opioid distribution conspiracy case was investigated by the DEA and the unlawful possession of firearms case was investigated by the FBI. Assistant United States Attorney James Keller is prosecuting these cases.
If you have a tip or information about illegal sales or distribution of prescription opioids by doctors and pharmacies, call the DEA at 1-877-RX-Abuse (792-2873).
The Opioid Fraud and Abuse Detection Unit is a program that utilizes data to identify and prosecute individuals that are contributing to the prescription opioid epidemic. Since 2017, when the Department of Justice funded a dedicated opioid prosecutor in the District of Nevada, the United States Attorney’s Office has prosecuted about 12 opioid-related cases and charged about 24 defendants.
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Fairbanks Woman Indicted on Federal Bank Fraud and Identity Theft ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Natascha Sabrina Clark, 35, of Fairbanks, has been named in an 11-count federal indictment charging her with fraudulent transactions with an access device, bank fraud, and aggravated identity theft. Clark was arrested on Aug. 26, 2019, and has since been ordered detained pending trial.
According to the indictment, on May 25, 2017, Clark is alleged to have made several fraudulent transactions using a stolen credit card, including a $2,439.90 purchase to Evolve Skateboards. From November 2018 to January 2019, using a stolen business credit card, Clark allegedly made an additional 61 fraudulent purchases totaling $4,854.14.
The indictment further alleges that, in November 2018, Clark knowingly stole checks for an Alaska USA Federal Credit Union account from an individual’s mailbox and created or obtained a counterfeit identification document bearing that individual’s name, address, and driver’s license number, but with Clark’s photograph. It is alleged that Clark then began executing fraudulent transactions using the individual’s stolen checks at numerous businesses for her personal benefit. Specifically, over the course of three days in November 2018, Clark obtained money from Alaska USA Federal Credit Union by causing the transfer of funds to numerous businesses, including Ulta Salon, Barnes & Noble, and Fred Meyer.
If convicted, Clark faces a maximum of up to 30 years in federal prison for the most serious charges alleged in the indictment. In addition, Clark faces a mandatory sentence of two years in prison on each aggravated identity theft charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation (FBI), the Alaska State Troopers (AST), the Fairbanks Police Department (FPD), and the North Pole Police Department (NPPD) conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Ryan D. Tansey.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dyersburg Woman Sentenced to 115 Months Imprisonment for Conspiracy to Distribute Methamphetamine in Lauderdale CountyRead the Press Release
Memphis, TN – Jada Gean, 31, has been sentenced to 115 months imprisonment on federal charges for conspiracy to distribute 26 grams of actual methamphetamine. U.S. Attorney Dunavant announced the sentence today.
According to information presented in court, on April 12, 2018, investigators with the Lauderdale County Sheriff’s Office received information from a confidential informant about Jada Gean, known drug dealer in Dyer County. The informant and law enforcement arranged to meet Gean at the Little General in Halls, Tennessee to purchase drugs.
The informant got out of his car and walked to the side of the store to wait for Gean. The investigators saw Gean arrive at the Little General in a silver Honda, and the informant got in the back seat of the car behind Gean. The informant saw the methamphetamine and gave investigators the take down signal.
As investigators approached, they saw Gean had a plastic baggie with a clear crystal-like substance believed to be a controlled substance, laying on the center console in plain view. The crystal-like substance was tested and determined to be 26.11 grams of pure methamphetamine.
Gean was detained, and during a search of the car, one digital scale with a powdery substance was found in her purse. While placing Gean under arrest, she informed law enforcement she had more drugs on her person. It was revealed Gean had six 40-milligram methadone; approximately 20 grams of methamphetamine; 11/2 suboxone strips; 1.1. grams of marijuana; and two 10 milligrams of hydrocodone tablets.
U.S. Attorney D. Michael Dunavant said: "Use and trafficking of methamphetamine continues to destroy lives, families, and communities across West Tennessee. The significant sentence in this case sends a clear message to those drug dealers who distribute poison in West Tennessee: You cannot prey upon our citizens for your selfish personal gain with impunity; there will be a reckoning."
On August 26, 2019, U.S. District Court Judge Mark S. Norris sentenced Gean to 115 months imprisonment followed by 5 years supervised release.
This case was investigated by the Lauderdale County Sheriff’s Office and the DEA.
Special Assistant U.S. Attorney (SAUSA) Sean Hord prosecuted this case on behalf of the government. SAUSA Hord is currently assigned from the 25th Judicial District Attorney’s Office.
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Drug and Gun Dealer Carl Roy Sentenced to 9.5 Years in Federal CourtRead the Press Release
WILMINGTON, Del. – United States Attorney Davis C. Weiss announced that Carl D. Roy, 34, of Wilmington, Delaware pled guilty today to gun and drug offenses before the Honorable Maryellen Noreika, U.S. District Judge for the District of Delaware. Judge Noreika immediately sentenced Roy to 9.5 years in federal prison. Over the course of one month, in the summer of 2018, Roy sold crack cocaine, heroin and four firearms to confidential informants as a part of a sting operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Roy’s arrest and conviction was part Operation Blue Hen—a prolonged campaign between March and September, 2018 by the ATF to remove illegal drugs and guns from the City of Wilmington.
In total, Operation Blue Hen resulted in:
• 15 arrests;
• The seizure of 9 firearms;
• The seizure of 768 grams of crack cocaine;
• The seizure of 864 grams of methamphetamine; and
• The seizure of 37 grams of heroin.
U.S. Attorney Weiss stated, “The Defendant’s conduct in this case—trafficking in drugs and guns —put our community at risk. We will work tirelessly with our state and federal law enforcement partners to prosecute felons who illegally sell guns on the street—particularly when those firearms are used by dealers to further their illegal drug trade. I want to thank ATF for their continued commitment to rid our city of guns and drugs.”
Rob Cekada, ATF Special Agent in Charge, stated, “This defendant routinely, illegally sold drugs and firearms thereby posing a threat to the safety of Wilmington’s citizens. ATF is determined to identify, investigate, and incarcerate anyone using firearms to commit violent crime. Our strong partnerships with local and state law enforcement, as well as the U.S. Attorney’s Office, ensures that targeted operations like Blue Hen are successful and result in federal time for these offenders.”
Wilmington Police Chief Robert J. Tracy said, “The results of this operation illustrate the importance of the close working relationships we have with our local, state and federal law enforcement partners, and how critical these collaborations are as we work collectively to make our communities safer.”
The investigation was led by the ATF Baltimore Field Division’s Wilmington Field Office, with assistance from the Wilmington Police Department and Delaware State Police. The case was prosecuted by Assistant U.S. Attorneys Adrienne Dedjinou and Christopher de Barrena-Sarobe. A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware.
Drug Enforcement Administration Special Agent Convicted of Perjury, Obstruction of Justice and Falsification of Government RecordsRead the Press Release
A U.S. Drug Enforcement Administration (DEA) special agent was convicted yesterday by a federal jury in New Orleans, Louisiana of perjury, obstruction of justice and falsifying government records.
After a seven-day trial, Chad A. Scott, 51, of Covington, Louisiana, was found guilty of two counts of perjury, three counts of obstruction of justice and two counts of falsifying government records. U.S. District Judge Jane Triche Milazzo of the Eastern District of Louisiana, who presided over the trial, has scheduled sentencing for Dec. 4, 2019.
According to the evidence presented during the seven-day trial, Scott, while a DEA special agent in New Orleans, committed these crimes in and around the New Orleans, Louisiana, and Houston, Texas, areas. Specifically, the evidence showed that Scott directed a Houston-based drug trafficker to buy a Ford F-150 truck worth approximately $43,000 and forfeit the truck to Scott as part of the drug trafficker’s cooperation. Scott then falsified the seizure paperwork for the truck in various aspects, including falsely claiming that he had seized the truck in New Orleans instead of Houston, in order to facilitate the vehicle being forfeited and given to Scott as his official government vehicle.
“Chad Scott violated his sworn commitment to serve the public and uphold justice, dishonoring the special trust that we place in each of our federal law enforcement agents,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Today’s conviction sends a clear message to the public that malfeasance by federal law enforcement officers will not be tolerated.”
“The conviction of Chad Scott reinforces the message that no one is above law,” said FBI Acting Special Agent in Charge Anthony T. Riedlinger. “Scott’s actions were selfish and placed an unnecessary stain on an otherwise stellar agency. We commend our partners at the DEA for their unprecedented level of cooperation throughout this investigation.”
“The criminal justice system relies on law enforcement agents to act with integrity and honesty. By soliciting bribes and compromising cases, Scott undermined the values he swore to uphold as a federal agent,” said Special Agent in Charge Robert A. Bourbon of the Justice Department’s Office of the Inspector General (DOJ-OIG). “The Office of the Inspector General will continue to be vigilant that corrupt law enforcement agents are held accountable.”
“At its core, DEA is a law enforcement agency committed to faithful and effective service to our country and its citizens, as well as uncompromising personal and institutional integrity,” said DEA Chief Inspector Brian McKnight. “Throughout the course of this investigation and its ultimate trial, DEA was appreciative of the professionalism and support that we received from our law enforcement partners.”
Additionally, the evidence showed that Scott convinced the same Houston-based drug trafficker, as well as another drug trafficker in Houston, to testify falsely at a federal trial in New Orleans as to the identification of a major cocaine and heroin supplier in the Houston area. Along with obstructing justice by inducing this false testimony, Scott then himself committed perjury during a motion session as well as during the federal trial, the evidence showed. After a trial including this false testimony, the alleged supplier was found guilty. Once Scott’s actions and the false testimony came to light, the case against the alleged supplier was dismissed by the court at the request of the United States.
Scott has been indefinitely suspended as a DEA special agent.
Two other former Tangipahoa Parish, Louisiana Sheriff’s Office deputies who were serving as DEA task force officers in New Orleans have pleaded guilty in this investigation. Karl Emmett Newman, 52, of Kentwood, Louisiana, pleaded guilty to unlawfully carrying a firearm in furtherance of an August 2015 robbery, which was disguised as the execution of a search warrant, as well as misappropriating money confiscated by the DEA during another search. Johnny Domingue, 30, of Maurepas, Louisiana, pleaded guilty to possession of cocaine and misappropriating money confiscated by the DEA.
Scott is additionally charged, along with Rodney Gemar, 43, of Ponchatoula, Louisiana, a former Hammond, Louisiana police officer and DEA task force officer, with various counts, including unlawful conversion of property by a government officer or employee and removing property to prevent seizure. Trial on those charges is set for October 2019. Those charges are only allegations and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was initially investigated by the Louisiana State Police and later investigated by the FBI’s New Orleans Field Division, DEA-OPR and DOJ-OIG. Acting Deputy Chief Charles Miracle of the Criminal Division’s Narcotic and Dangerous Drug Section and Trial Attorney Timothy Duree of the Criminal Division’s Fraud Section are prosecuting the case.
Dominican National Sentenced for Misusing U.S. Passport and Stealing Government BenefitsRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for making false statements in applications for Social Security benefits and a U.S. passport.
Daniel Polonia Morillo, 57, of Lawrence, was sentenced by U.S. District Court Judge Denise J. Casper to 12 months in prison, two years of supervised release and ordered to pay $45,162.63 in restitution. Polonia Morillo will be subject to deportation upon completion of his sentence. In May 2019, Polonia Morillo pleaded guilty to making a false statement on an application for Social Security benefits, making a false statement in an application and use of a passport and theft of public money. Polonia Morillo was charged in October 2018 and has been in custody since then.
Polonia Morillo used the name, Social Security number, and date of birth of a U.S. citizen to apply for Social Security benefits in December 2016. At the time he applied, Polonia Morillo produced a United States passport in the other person’s name as proof of his identity. In addition, Polonia Morillo used the identity of the U.S. citizen to fraudulently obtain Medicaid benefits from March 2012 through October 2018 and food stamps from April 2015 through October 2018 totaling over $45,000.
United States Attorney Andrew E. Lelling; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Boston Field Office; Jason Molina, Special Agent in Charge of Homeland Security Investigations in Boston; and Suzanne M. Bump, State Auditor of the Commonwealth of Massachusetts made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Lelling’s Major Crimes Unit prosecuted the case.
Dominican National Sentenced for Illegal ReentryRead the Press Release
BOSTON- A Dominican national was sentenced today in federal court in Boston for illegally reentering the United States after being previously deported.
Lenny Soto-Mateo, 36, a Dominican national residing in Lynn, was sentenced by U.S. District Court Judge Richard G. Stearns to 51 months in prison, to be followed by one year of supervised release. Soto-Mateo will be subject to deportation upon completion of his sentence. On May 22, 2019, Soto-Mateo pleaded guilty to one-count of being a previously deported alien.
Soto-Mateo had been arrested, prosecuted, and deported on four previous occasions, in 2009, 2011, 2013 and 2017. Sometime after his last removal in 2017, Soto-Mateo reentered the United States without permission. On Aug. 28, 2018, Soto-Mateo was arrested by the Boston Police Department and charged with trafficking in cocaine, and charges are currently pending in the Suffolk County Superior Court.
United States Attorney Andrew E. Lelling and Marcos D. Charles, Acting Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Lelling’s Major Crimes Unit prosecuted the case.
Detroit man indicted in federal court on charges involving firearms, cocaine, oxycodone and methamphetamineRead the Press Release
A Detroit man was indicted in federal court in Cleveland on drug and firearms charges.
Gavin S. Smith, 36, was indicted on one count each of: distribution of oxycodone; distribution of cocaine; possession with intent to distribute oxycodone; possession with intent to distribute methamphetamine; being a felon in possession of a firearm and use of a firearm in relation to drug trafficking.
Smith possessed oxycodone and methamphetamine on August 1, 2019, as well as a Beretta .25-caliber pistol and ammunition. He was prohibited from having the firearm because of previous convictions for robbery and assault, according to the indictment.
Smith sold oxycodone on June 26, 2019, and cocaine on July 1, 2019, according to the indictment.
This case was investigated as part of Operation Synthetic Opioid Surge (S.O.S.), which seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers. Lorain County was selected as a pilot site for Operation S.O.S. The DEA, FBI, Lorain Police Department, Elyria Police Department and the Lorain County Sheriff’s Office Drug Task Force participate in the program.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the Elyria Police Department and the FBI and is being prosecuted by Assistant U.S. Attorney Robert Kolansky.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Detroit Area Businessperson Pleads Guilty to Payroll Tax CrimeRead the Press Release
A Walled Lake, Michigan, businessperson, who owned a restaurant and an adult entertainment facility, pleaded guilty today to willful failure to pay over employment taxes and failure to file an individual income tax return, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to the indictment and the plea agreement, Johni Semma owned Bayside Sports Bar & Grill (Bayside), a restaurant, and “The Coliseum,” an adult entertainment business. As the owner of Bayside, Semma was responsible for collecting and paying over Bayside’s employment taxes. From the first quarter of 2008 through the first quarter of 2015, Semma caused the restaurant to withhold payroll taxes from employees’ paychecks, but filed only two of the 29 Forms 941 required for those quarters and failed to pay over to the Internal Revenue Service (IRS) approximately $1.3 million in employment taxes. Although Semma sold “The Coliseum” in 2012 for more than $6 million, he did not pay the delinquent payroll taxes. Semma also did not file a 2012 individual income tax return, resulting in a tax loss of approximately $463,000.
United States District Court Judge Paul D. Borman scheduled Semma’s sentencing for Jan. 30, 2020. Semma faces up to six years in prison, as well as a term of supervised release and monetary penalties. Semma also agreed to pay almost $1.8 million in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Kenneth Vert and Brittney Campbell, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
Dayton Technology Staffing Company Pleads Guilty in Connection to University Visa FraudRead the Press Release
DAYTON – A Dayton IT staffing company pleaded guilty in U.S. District Court yesterday to knowing about but failing to notify an authority of a federal offense, namely, visa fraud at Wright State University. The case was unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Vance Callander, Special Agent in Charge, Homeland Security Investigations (HSI), Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General and the Defense Criminal Investigative Service, Dayton Resident Agency announced the plea entered into before U.S. District Judge Thomas M. Rose.
According to court documents, Web Yoga, Inc. is a privately held company based in Dayton that specializes in information technology staffing.
During the summer of 2010, an official with Wright State University approached Web Yoga and proposed an arrangement whereby the university would source H-1B visa holders from overseas and subcontract them to Web Yoga for placement at client locations around the country.
Between 2010 and 2013, Wright State entered into several sponsored research contracts with Web Yoga. Wright State would employ software engineers, obtain H-1B visas for the employees, and pay their respective salary and benefits as employees of the university.
The H-1B visa program allows companies in the United States to temporarily employ foreign workers in occupations that require highly specialized knowledge and a bachelor’s or higher degree in a specific specialty. As an institute of higher learning, Wright State was sometimes “cap exempt” from limits on the number of H-1B visas it could obtain, unlike other types of organizations.
Wright State University employed 24 foreign employees – who were selected and approved by Web Yoga – through H-1B visas. Web Yoga learned in 2012 that portions of the H-1B visa paperwork filed by Wright State with the federal government did not accurately reflect the work locations for the visa holders subcontracted to Web Yoga. Specifically, Web Yoga learned the university falsely stated the employees would be physically working on the university’s campus. The visa employees worked as consultants on behalf of Web Yoga in various cities throughout the country, including Atlanta, Orlando and New York City.
Web Yoga continued to subcontract for the H-1B employees even after learning the visas were obtained through false statements. Web Yoga continued to present the employees as valid visa holders to their clients across the United States. Web Yoga did not make the felony known to a person of authority and concealed Wright State’s false statements through its actions.
As part of the plea, the parties have recommended Web Yoga pay a fine of approximately $566,000, to be paid no later than the date of sentencing.
In November 2018, Wright State University’s Board of Trustees accepted responsibility for visa fraud offenses on behalf of the university and agreed to pay the federal government $1 million.
“Today’s guilty plea marks the successful culmination of a complex visa-fraud investigation by HSI and our partners,” said Vance Callander, Special Agent in Charge for HSI in Michigan and Ohio. “This outcome should serve as a stark warning to entities who may be seeking to exploit the U.S. Visa process.”
“Web Yoga, Inc. conspired to conceal its use of Wright State University’s employees authorized through the H-1B visa program to work in the U.S. As an institution of higher learning, the university is exempt from the national cap on H-1B visas, yet Web Yoga, a privately held company, had the H-1B authorized employees work to fulfill its consulting contracts. We will continue to work with our law enforcement partners to investigate crimes that abuse Department of Labor programs and deprive American workers of employment opportunities," said Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
U.S. Attorney Glassman commended the cooperative investigation of this case by HSI, the Department of Labor Office of Inspector General and the Defense Criminal Investigative Service, as well as Assistant United States Attorney Kyle J. Healey, who is representing the United States in this case.
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Dallas Man Sentenced for Child Exploitation ViolationsRead the Press Release
PLANO, Texas — A 34-year-old Dallas man has been sentenced to over 12 years in federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today.
Joshua David LeCompte pleaded guilty on Feb. 21, 2019, to distribution of child pornography and was sentenced to 151 months in federal prison by U.S. District Judge Marcia A. Crone on Aug. 28, 2019.
According to information presented in court, in August 2016, a law enforcement officer received a tip that an individual had uploaded multiple files containing child pornography onto an Internet-based communications software application. An investigation led to LeCompte’s address in Dallas, Collin County, Texas. Law enforcement officers executed a search warrant at LeCompte’s residence and seized digital media items from the residence. A forensic analysis of the digital media revealed a substantial amount of child pornography files that LeComte had distributed to others. LeCompte was indicted by a federal grand jury on Dec. 12, 2018.
“This lengthy sentence should send a strong message to predators who think they are anonymously exploiting children by using the internet,” said Ryan L. Spradlin, special agent in charge of HSI Dallas. “Homeland Security Investigations special agents are highly skilled and trained to use the most advanced technology available to locate, identify and investigate these monsters who collect and distribute this kind of horrific material that traumatizes victims for the rest of their lives. We aggressively work with community members and our law enforcement partners to rescue these innocent children and prosecute their exploiters.”
This case was prosecuted 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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by HSI Dallas, the Dallas Police Department and the Collin County District Attorney’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.
Couple Sentenced in Child Exploitation CaseRead the Press Release
BIRMINGHAM -- A federal judge yesterday sentenced a Prattville man and a Shelby County woman on child exploitation charges, announced Northern District of Alabama United States Attorney Jay E. Town, Middle District of Alabama United States Attorney Louis V. Franklin, Sr., and Homeland Security Investigations Special Agent in Charge for Alabama Nick S. Annan.
United States District Judge L. Scott Coogler sentenced Kenneth Earl Hooks, 36, of Prattville, to 120 years and 2 life sentences to run consecutively and Sarah Pauline Morris, 28, of Shelby County, to 197 months for producing child pornography and enticing a young child to engage in sexual activity for the purpose of creating obscene images. Hooks pled guilty to these charges in February 2019 and also to the additional charge of transportation of a minor for sexual purposes. Morris pled guilty in March 2019.
“This sentence very clearly reflects the seriousness of these child predator’s disgusting crimes,” Town said. “Our justice system will not tolerate these criminals who prey on innocent children. They will now occupy bed space that has been reserved for them in a federal prison.”
“The sentencing of Hooks and Morris brings justice to two serial offenders who preyed on societies most vulnerable,” said HSI Special Agent in Charge Nick S. Annan. Their self-described “Bonnie and Clyde” crime spree included depraved acts of abuse and violence and would have undoubtedly continued without fantastic case work of the agents involved in this investigation. “It is important to understand that the production of child pornography is simply the filming of child rape.”
The charges originated from numerous criminal events that occurred in the Northern District of Alabama and in the Middle District of Alabama. Cases in both districts were consolidated for sentencing in the Northern District.
Police in California found Hooks and Morris living in a desert area on the southern tip of the state after locating a red Mitsubishi Montero with an Alabama license plate there, according to a May 4, 2018, federal criminal complaint and arrest affidavit issued for Hooks in the Northern District of Alabama. According to the affidavit, the red Mitsubishi was registered to Morris and police were searching for it because security cameras at a Walmart in Brawley, California, caught her driving it on March 30, 2018, when security officers at the store reported Morris attempting to film two young girls in a bathroom stall.
According to court documents, as a result of further investigation, child pornographic images were discovered on a laptop that had been subjected to forensic examination by law enforcement officers in Imperial County, California. On or about April 27, 2018, agents from the Department of Homeland Security in Birmingham received these images which depicted sexual exploitation of 2 prepubescent children and a teenage female under the age of 18 by Hooks in Alabama. During the investigation, agents learned that Hooks had transported the teenage female victim from Mississippi to Alabama with the intent of sexually assaulting her and recording it on video.
HSI Birmingham investigated the case, along with the assistance of HSI Calexico, CA; HSI Las Cruces, NM; HSI El Paso, TX; Brawley Police Department, CA; Imperial County California District Attorney’s Office; U.S. Marshals Service Pacific Southwest Regional Fugitive Task Force, El Centro Division, CA; Chilton County Alabama Sheriff’s Office, Alabaster Police Department, AL, which Assistant United States Attorney R. Leann White, Northern District of Alabama and Assistant United States Attorneys Hollie Reed and Russell Duraski, Middle District of Alabama prosecuted.
Collin County Man Sentenced for Child Exploitation and Pornography ViolationsRead the Press Release
PLANO, Texas — A 22-year-old McKinney, Texas man has been sentenced to over 20 years in federal prison for child exploitation and child pornography violations in the Eastern District of Texas, announced U.S. Attorney Joseph D. Brown today and Federal Bureau of Investigation Special Agent in Charge Matthew J. DeSarno.
Stephen Chase Clark pleaded guilty on March 4, 2019, to attempted coercion and enticement of minors and distribution of child pornography and was sentenced to 250 months in federal prison by U.S. District Judge Marcia A. Crone on Aug. 28, 2019.
According to information presented in court, in August 2018, an undercover law enforcement officer posing online as a 13-year-old child received messages on a social media application from Clark requesting personal information such as where the child attended school and asking about the child’s home life. Clark also asked for photos of the child in their underwear and in the nude and asked if he could meet the child for sex and discussed the sexual acts he wanted to engage in with the child. On Aug. 28, 2018, Clark arrived at a Collin County park with the intention of meeting the child and engaging in sexual activity. Clark was arrested at that time and indicted by a federal grand jury on Oct. 10, 2018.
“This was an especially warped defendant, and we have real concern that there could be other victims out there,” said United States Attorney Joseph D. Brown. “We encourage anyone who knows of other inappropriate contact that Clark could have had with children to call our victim’s assistance hotline.”
Those with information on this matter or those who may have had contact with Clark are urged to contact the U.S. Attorney’s Office at 1-800-804-3547.
This case was prosecuted 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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation’s Dallas Field Division and the Collin County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.
Charleston Man Sentenced to Prison for Selling MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced to 24 months in prison and 3 years of supervised release, announced United States Attorney Mike Stuart. Shanton Penn, 27, of Charleston, previously pled guilty to distribution of methamphetamine.
“We’re taking meth dealer after meth dealer off the streets,” said United States Attorney Mike Stuart. “And we’ll continue to do so until our communities are meth free.”
Penn sold methamphetamine to a confidential informant on the following dates: August 14, 2018, August 20, 2018. Penn sold a total of 27.6 grams of methamphetamine for $675.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Senior United States District Senior Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Christopher R. Arthur handled the prosecution.
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Charges Filed Against Dozens in Trafficking Network Responsible for Diverting over 23 Million Oxycodone, Hydrocodone and Carisoprodol PillsRead the Press Release
A total of 41 individuals have been charged in nine indictments for their alleged involvement in a network of “pill mill” clinics and pharmacies. Those charged include medical providers, clinic owners and managers, pharmacists, pharmacy owners and managers as well as drug dealers and traffickers. Their actions allegedly resulted in the diversion of approximately 23 million oxycodone, hydrocodone and carisoprodol pills.
In addition, federal law enforcement agents executed 36 search warrants including 15 pharmacies and six “pill mill” clinics, as well as other offices and residences, aimed at disrupting networks of opioid diversion. The Drug Enforcement Administration (DEA) also served immediate suspension orders on seven pharmacies and two providers involved in dispensing controlled substances without legitimate medical purpose.
The Health Care Fraud Unit of the Criminal Division’s Fraud Section (HCF Unit) led the enforcement actions in conjunction with U.S. Attorney’s Offices (USAOs) for the Southern and Eastern Districts of Texas and District of Massachusetts as well as the DEA and task force officers from greater Houston police departments and the FBI.
The charges allege participating doctors, medical professionals and pharmacies knew the prescriptions had no legitimate medical purpose and were outside the usual course of professional practice. In some cases, “crew leaders” and “runners” allegedly filled or had the individuals who posed as patients fill the illegal prescriptions at Houston-area pharmacies. The owner and pharmacist in charge at one pill mill pharmacy allegedly dispensed the second highest amount of oxycodone 30mg pills of all pharmacies in the entire State of Texas in 2019, and the ninth highest amount in the nation. One hundred percent of the oxycodone dispended by this pharmacy – every single oxycodone pill that left the premises – was in the highest available dosage strength of that drug.
On certain occasions the indictments allege that drug dealers and traffickers then allegedly diverted and distributed the controlled substances to the streets, with some pills trafficked from Houston to Boston.
“Today’s action shows that the Department of Justice continues to relentlessly pursue criminals, including medical professionals, who peddle opioids for profit,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “Our use of data analytics means that no one engaging in this criminal behavior is invisible. And if you behave like a drug dealer, we are going to find you and treat you like a drug dealer.”
“This type of criminal activity is, in part, what is fueling the 68,500 overdose deaths per year across the United States,” said Special Agent in Charge Will R. Glaspy of the DEA’s Houston Division. “The DEA and our numerous law enforcement partners will not sit silently while drug dealers wearing lab coats conspire with street dealers to flood our communities with over 23 million dangerous and highly addictive pills.”
“Opioid abuse has a devastating and far reaching effect on our society," said Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office. “The doctors, nurses and pharmacists in this case allegedly misused their positions, violating the trust of the public they took an oath to serve. Together with their co-conspirators, these medical professionals released millions of highly addictive drugs onto the streets of our community. FBI Houston remains committed to working alongside our federal, state, and local partners to combat this epidemic and protect our neighborhoods.”
In addition to the cases publicized today, Assistant Attorney General Benczkowski and U.S. Attorneys Ryan K. Patrick and John F. Bash also announced that the HCF Strike Force will expand into the Rio Grande Valley and San Antonio, making it the 24th district with such a presence. The HCF Strike Force is a joint law enforcement effort that brings together the resources and expertise of the HCF Unit, USAOs and law enforcement partners at the FBI, Health and Human Services - Office of the Inspector General (HHS-OIG) and DEA.
“By and large, these clinics are all about money and not the patient,” said U.S. Attorney Patrick. “If it was about the patient, no legitimate doctor would write, and no legitimate pharmacy would fill, these massive amounts and combinations of controlled substances. Pill mills are magnets for crime and should be eradicated. I am happy and willing to partner with any agency or police department in shutting down and prosecuting these places. I am also eager to expand our work into healthcare fraud in the Rio Grande Valley. These grifters are wasting tax payer money and making healthcare more expensive for everyone else.”
“I am excited to team with Assistant Attorney General Benczkowski and U.S. Attorney Patrick to fight healthcare fraud in San Antonio and the Rio Grande Valley,” said U.S. Attorney Bash. “Fraud in the healthcare system not only rips off innocent victims and taxpayers, but it also quite often endangers the health of patients – as with the illegal distribution of addictive opioids. For that reason, it’s a major priority for all of us.”
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Among those charged by Strike Force attorneys in the Southern District of Texas are the following:
Jonathan Rosenfield, M.D., 36, of Atlanta, Georgia; Elmer Taylor, 40, of Missouri City, Texas, owner; Alantha Stewart, 38 of Missouri City, Texas, owner; Kwana Broussard, 40 of Fresno, Texas, alleged crew leader; Ricky Moten, 43 of Houston, Texas, alleged crew leader; Sokari “Mama” Manuel Bobmanuel, 50 of Sugar Land, Texas, owner and pharmacist-in-charge; Ardella Fisher, 39 of Tomball, Texas, nurse practitioner; Enna Amendome, 33 of Spring, Texas, nurse practitioner; Kayode Otufale, 59 of Missouri City, Texas, manager; Jasmine Maynes, 30 of La Marque, Texas, alleged crew leader; Jabrai Price, 39 of Bryan, Texas, alleged crew leader; and Shawneece Dayempert, 31 of Houston, Texas, office worker, for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through Sunnyside Wellness and Cornerstone Pharmacy of Houston, Texas. The case is being prosecuted by Trial Attorney Jason Knutson of the Fraud Section.
Amish Kordia, 43 of Pearland, Texas, owner pharmacist-in-charge; Samson Alazar, 51 of Missouri City, Texas pharmacist; Kwana Broussard, 40 of Fresno, Texas, alleged crew leader; James Johnson, 42 of Houston, Texas, alleged crew leader; and Lashundra Wilson, 40 of Houston, Texas, alleged crew leader, for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through Freeport Pharmacy of Freeport, Texas. The case is being prosecuted by Trial Attorney Jason Knutson.
Kesha Lynette Harris, aka Keisha Evans Finnister, 47, of Houston Texas, pharmacist-in-charge and owner of Creative Care Pharmacy of Houston, Texas, for her alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Jason Knutson.
Laurel “Ms. T” Osazuwa, 57 of Bellaire, Texas, owner of Houston Medical and Wellness Institute of Houston, Texas, for her alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Jason Knutson.
Barbara Marino, M.D., 58 of Tomball, Texas; Leticia Herrera, 33 of Houston, Texas, office manager; Kwana Broussard, 40 of Fresno, Texas, alleged crew leader; Jasmine Johnson, 38 of Houston, Texas, alleged crew leader; and Robbie White, 28 of Houston, Texas, alleged crew leader, for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through Angels Clinica Familiar of Houston, Texas. The case is being prosecuted by Trial Attorneys Jason Knutson and Drew Pennebaker.
Bobby Hobbs, M.D., James John Jackson, Jr., MD, Tameka Moore, Kondre Graves, owner of Chasen Clinic of Houston, Texas, and Tara Graves, for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose through Chasen. The case is being prosecuted by Trial Attorney Drew Pennebaker of the Fraud Section.
Brandy LaDawn Fears, 44 of Houston, Texas, owner of Meds R Us Pharmacy of Missouri City, Texas, and Ricky Moten, 44 of Houston, Texas, alleged crew leader, for their alleged participation in a scheme to unlawfully distribute and dispense controlled substance without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Drew Pennebaker.
Arthur Billings, 55 of Missouri City, Texas, owner of Healthfit Pharmacy of Houston, Texas; Jeremy Branch, 32 of Houston, Texas, pharmacist-in-charge; Deanna Michelle Winfield-Gates, 50 of Houston, Texas, pharmacist; Frank Cooper, 49 of Houston, Texas, pharmacist; and Donna Hooper, 56 of Houston, Texas, pharmacy technician, for their alleged participation in a scheme to distribute and dispense controlled substance without a legitimate medical purpose. The case is being prosecuted by Trial Attorney Drew Pennebaker.
Among those charged by Assistant U.S. Attorney Ted Heinrich in the District of Massachusetts are the following:
Michael Spinola, 43, of Boston and Miami, for conspiracy to distribute and to possess with intent to distribute oxycodone; conspiracy to distribute and to possess with intent to distribute a controlled substance; and conspiracy to distribute and to possess with intent to distribute marijuana; Curly Kelly, 40, of Houston, Texas, for conspiracy to distribute and to possess with intent to distribute oxycodone; conspiracy to distribute and to possess with intent to distribute a controlled substance; Jesus Castillo, 46, of the Dominican Republic, for conspiracy to distribute and to possess with intent to distribute oxycodone; Marcos Rosa of Southbridge, Massachusetts, for conspiracy to distribute and to possess with intent to distribute a controlled substance and Russell Watkins, 53, of Brockton, Massachusetts, for conspiracy to distribute and to possess with intent to distribute marijuana.
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In addition to the Strike Force prosecutions, law enforcement conducted additional enforcement actions which included the execution of search warrants and suspension of DEA registration numbers. In the Southern District of Texas, 350 law enforcement personnel executed a total of 36 search and seizure warrants including 15 pharmacies and six clinics. DEA also issued nine immediate suspension orders (ISOs) to support related investigative efforts to interrupt an opioid drug diversion distribution chain.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The Fraud Section leads the Medicare Fraud Strike Force (MFSF), which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, MFSF maintains 15 strike forces operating in 24 districts and has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The below indictments are now unsealed.
Charges Filed Against Dozens in Trafficking Network Responsible for Diverting over 23 Million Oxycodone, Hydrocodone and Carisoprodol PillsRead the Press Release
HOUSTON – A total of 41 individuals have been charged in nine indictments for their alleged involvement in a network of “pill mill” clinics and pharmacies. Those charged include medical providers, clinic owners and managers, pharmacists, pharmacy owners and managers as well as drug dealers and traffickers. Their actions allegedly resulted in the diversion of approximately 23 million oxycodone, hydrocodone and carisoprodol pills.
In addition, federal law enforcement agents executed 36 search warrants including 15 pharmacies and six “pill mill” clinics, as well as other offices and residences, aimed at disrupting networks of opioid diversion. The Drug Enforcement Administration (DEA) also served immediate suspension orders on seven pharmacies and two providers involved in dispensing controlled substances without legitimate medical purpose.
The Health Care Fraud Unit of the Criminal Division’s Fraud Section (HCF Unit) led the enforcement actions in conjunction with U.S. Attorney’s Offices (USAOs) for the Southern and Eastern Districts of Texas and District of Massachusetts as well as the DEA (with task force officers from greater Houston police departments) and the FBI.
The charges allege participating doctors, medical professionals and pharmacies knew the prescriptions had no legitimate medical purpose and were outside the usual course of professional practice. In some cases, “crew leaders” and “runners” allegedly filled or had the individuals who posed as patients fill the illegal prescriptions at Houston-area pharmacies. The owner and pharmacist in charge at one pill mill pharmacy allegedly dispensed the second highest amount of oxycodone 30mg pills of all pharmacies in the entire State of Texas in 2019, and the ninth highest amount in the nation. 100% of the oxycodone this pharmacy dispended – every single oxycodone pill that left the premises – was in the highest available dosage strength of that drug.
On certain occasions, the indictments allege drug dealers and traffickers then allegedly diverted and distributed the controlled substances to the streets, with some pills trafficked from Houston to Boston.
“Today’s action shows that the Department of Justice continues to relentlessly pursue criminals, including medical professionals, who peddle opioids for profit,” said Assistant Attorney General (AAG) Brian A. Benczkowski of the Justice Department’s Criminal Division. “Our use of data analytics means that no one engaging in this criminal behavior is invisible. And if you behave like a drug dealer, we are going to find you and treat you like a drug dealer.”
“This type of criminal activity is, in part, what is fueling the 68,500 overdose deaths per year across the United States,” said Special Agent in Charge Will R. Glaspy of the DEA’s Houston Division. “The DEA and our numerous law enforcement partners will not sit silently while drug dealers wearing lab coats conspire with street dealers to flood our communities with over 23 million dangerous and highly addictive pills.”
“Opioid abuse has a devastating and far reaching effect on our society,’ said Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office. “The doctors, nurses and pharmacists in this case allegedly misused their positions, violating the trust of the public they took an oath to serve. Together with their co-conspirators, these medical professionals released millions of highly addictive drugs onto the streets of our community. FBI Houston remains committed to working alongside our federal, state and local partners to combat this epidemic and protect our neighborhoods.”
In addition to the cases publicized today, Benczkowski and U.S. Attorneys Ryan K. Patrick and John Bash also announced that the HCF Strike Force will expand into the Rio Grande Valley and San Antonio, making it the 24th district with such a presence. The HCF Strike Force is a joint law enforcement effort that brings together the resources and expertise of the HCF Unit, USAOs and law enforcement partners at the FBI, Health and Human Services - Office of the Inspector General (HHS-OIG) and DEA.
“By and large, these clinics are all about money and not the patient,” said Patrick of the Southern District of Texas (SDTX). “If it was about the patient, no legitimate doctor would write, and no legitimate pharmacy would fill, these massive amounts and combinations of controlled substances. Pill mills are magnets for crime and should be eradicated. I am happy and willing to partner with any agency or police department in shutting down and prosecuting these places. I am also eager to expand our work into healthcare fraud in the Rio Grande Valley. These grifters are wasting tax payer money and making healthcare more expensive for everyone else.”
“I am excited to team with AAG Benczkowski and U.S. Attorney Patrick to fight healthcare fraud in San Antonio and the Rio Grande Valley,” said Bash for the Western District of Texas. “Fraud in the healthcare system not only rips off innocent victims and taxpayers, but it also quite often endangers the health of patients – as with the illegal distribution of addictive opioids. For that reason, it’s a major priority for all of us.”
In addition to the Strike Force prosecutions, law enforcement conducted additional enforcement actions which included the execution of search warrants and suspension of DEA registration numbers. In the SDTX, 350 law enforcement personnel executed a total of 36 search and seizure warrants, including 15 pharmacies and six clinics. DEA also issued nine immediate suspension orders (ISOs) to support related investigative efforts to interrupt an opioid drug diversion distribution chain.
The Fraud Section leads the Medicare Fraud Strike Force (MFSF), which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, MFSF maintains 15 strike forces operating in 24 districts and has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.Canadian citizen unlawfully in the United States sentenced to prison for filing fraudulent tax returns using stolen identities seeking more than $1 million in refundsRead the Press Release
ATLANTA – Vladimir Pierre a/k/a Jimmy Valentine, originally of Montreal, Canada, has been sentenced for his role in a stolen identity tax refund fraud scheme.
"There is no shortage of fraudsters who commit tax fraud using stolen identities—crimes that directly impact every American taxpayer,” said U.S. Attorney Byung “BJay” Pak. “These schemes can be a nightmare for citizens who must endure the process of repairing their credit and IRS returns, citizens are wise to regularly monitor their credit reports for fraud.”
“Individuals who commit identity theft and refund fraud of this magnitude deserve to be punished to the fullest extent of the law,” said Thomas J. Holloman, III, Atlanta Field Office Special Agent in Charge. “Pierre demonstrated a blatant disregard of the integrity of the United States tax system and caused immeasurable hardship to innocent victims. IRS Criminal Investigation remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”
According to U.S. Attorney Pak, the charges, and other information presented in court: In May 2019, Pierre pleaded guilty to theft of government funds and aggravated identity theft. He admitted that between approximately January 2015 and April 2018, he filed over 150 fraudulent returns, a significant number of which involved the use of stolen identities, seeking more than $1 million in refunds. Pierre also admitted that as a result of his scheme he caused more than $340,000 in losses to the federal government.
The government noted at sentencing that Pierre took a number of intricate steps to conceal his scheme, including advertising his tax services under a fictitious name, using electronic filing identification numbers and preparer tax identification numbers in the names of others to file returns, and obtaining a tax preparation product using a stolen identity.
Prior to his arrest in December 2018, Pierre had been unlawfully residing in the Atlanta-area for several years after overstaying his visa.
U.S. District Judge Eleanor Ross sentenced Vladimir Pierre, 39, of Atlanta, Georgia, to serve four years, nine months in prison, three years of supervised release, removal to Canada from the United States, and ordered to pay $341,996 in restitution to the Internal Revenue Service.
Many tax fraudsters, for their success, depend on filing a fraudulent return with a stolen identity before their victims file their genuine returns. Filing early and avoiding use of obvious usernames and passwords for online tax websites are two ways to help protect yourself.
IRS-Criminal Investigation investigated the case.
Assistant U.S. Attorney Alex R. Sistla prosecuted this case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Camden Man Admits Role in Stolen Identity Refund Fraud Scheme and Obstruction of JusticeRead the Press Release
CAMDEN, N.J. – A Camden man today admitted cashing fraudulently obtained tax refund checks issued by the U.S. Treasury, unlawfully utilizing the stolen identities of residents of Puerto Rico to effectuate the scheme, and tampering with a witness, U.S. Attorney Craig Carpenito announced.
Alberto Sanchez, 34, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to five counts of an indictment: two counts of theft of government funds, two counts of aggravated identity theft and one count of tampering with a witness or victim.
According to documents filed in this case and statements made in court:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They then complete Form 1040 tax returns using the fraudulently obtained information and falsifying wages earned, taxes withheld, and other data, always ensuring that the fraudulent tax return generates a refund. They direct the U.S. Treasury Department to mail refund checks to locations that the perpetrators control or can access. With the fraudulently obtained refund checks in hand, SIRF perpetrators generate cash proceeds by depositing the checks into bank accounts that they control or cashing the checks at check cashing businesses.
For the 2013 tax year, more than 3,300 SIRF tax returns were filed using the names and Social Security numbers of residents of Puerto Rico, and where the refunds were directed to be mailed to a small section of Pennsauken, New Jersey. Of the 3,300 returns filed, several of the refunds checks were issued and ultimately cashed at check cashing agencies in New Jersey, Philadelphia, and New York using false and fraudulent identifications, including fake New Jersey driver's licenses, fake Social Security cards, and fake Department of Homeland Security Permanent Resident Identification cards.
On March 28, 2018, Sanchez and others were indicted by a federal grand jury. According to the indictment, the defendants and their conspirators obtained stolen identities of residents of Puerto Rico to falsely and fraudulently generate income tax refund checks. The conspirators recruited mail carriers from the U.S. Postal Service as part of the scheme to steal the tax refund checks from the mail. The mail carriers were paid for every U.S Treasury check that was stolen. The conspirators paid “check couriers” to cash the tax refund checks in a variety of ways, including at check cashing businesses in and around Camden. The check couriers presented false and fraudulent identifications at the check cashing businesses matching the names on the tax refund checks in order to cash the checks. The scheme caused $565,091 in losses to the U.S. Treasury.
Sanchez admitted that during 2014, he cashed Treasury income tax refund checks that were issued to other people. He used an Alien Permanent Resident Identification Card, which had his photograph, but the name, address and identifying information of another individual, and a Social Security card, which had a name and Social Security number that matched the information on the income tax refund check. Sanchez also admitted that, upon finding out that another person was arrested for participating in the scheme, he told that person to lie to investigators.
The counts of theft of government funds are each punishable by a maximum of 10 years in prison; the count of witness tampering is punishable by a maximum of 20 years in prison; and the counts of aggravated identity theft are each punishable by a mandatory minimum of two years in prison. All the counts are also punishable by a fine of up to $250,000, or twice the gross gain or loss from the offense. Sentencing is scheduled for Dec. 10, 2019.
U.S. Attorney Carpenito credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur, Newark Field Office, and Special Agent in Charge Guy Ficco, Philadelphia Field Office; and special agents of the U.S. Postal Service Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office, with the investigation leading to today’s guilty plea. He also thanked the U.S. Postal Inspection Service for its assistance with the investigation.
The government is represented by Assistant U.S. Attorney Jason M. Richardson and Assistant U.S. Attorney Christina O. Hud of the Criminal Division.
The charges and allegations against the remaining codefendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Bronx, New York, Man and Middlesex County Man Sentenced for Their Roles in Prostitution Ring Involving a MinorRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man and a Bronx, New York, man have been sentenced for their respective roles in a 2018 scheme in which a minor was advertised and provided for commercial sex acts, U.S. Attorney Craig Carpenito announced today.
Aryeh Goodman, 37, of East Brunswick, New Jersey, was sentenced today to 18 months in prison. He previously pleaded guilty before U.S. District Judge Freda L. Wolfson to an information charging him with interstate travel in aid of a racketeering enterprise. Richard Ortiz, 24, a/k/a “Ace,” of Bronx, New York, was sentenced Aug. 27, 2019, to 96 months in prison. He previously pleaded guilty before Judge Wolfson to an information charging him with conspiracy to commit the sex trafficking of a child. Judge Wolfson imposed both sentences in Trenton federal court.
According to documents filed in this case and statements made in court:
From January 2018 through February 2018, Ortiz and his codefendant, Gabriella Colon, recruited, enticed, and advertised Minor Victim-1, knowing that Minor Victim-1 was less than 18 years old and would be caused to engage in one or more commercial sex acts. Ortiz previously acknowledged having transported Minor Victim-1 from New York into New Jersey and collecting money from numerous individuals who paid to have sexual relations with Minor Victim-1. Aryeh Goodman previously admitted answering an online advertisement that depicted Minor Victim-1 and presented Minor Victim-1 for various sexual acts. Goodman, a previously convicted sex-offender, acknowledged travelling to the East Brunswick motel where Minor Victim-1 was located and paying Ortiz and Colon so he could engage in sexual activities with Minor Victim-1.
In addition to the prison terms, Judge Wolfson sentenced Goodman to one year of supervised release and Ortiz to five years of supervised release. She ordered Ortiz to register as a sex-offender upon being released from prison. Colon previously pleaded guilty to an information charging her with one count of conspiracy to commit sex trafficking of a child and is scheduled to be sentenced Sept. 26, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie, and detectives with the Middlesex County Prosecutor’s Office with the investigation. He also thanked the East Brunswick and Fort Lee Police Departments for their assistance.
The government is represented by Special Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Organized Crime Drug Enforcement Task Force/Narcotics Unit in Newark.
Attorney Pleads Guilty to Stealing $1.4 Million from Charity Founded to Help Veteran and Military FamiliesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Brian C. Turner, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that KEVIN E. CREED, 67, of Litchfield waived his right to be indicted and pleaded guilty today in New Haven federal court to wire fraud related to a scheme in which he stole approximately $1.4 million from a charity he organized.
According to court documents and statements made in court, Creed is an attorney who operates Creed Law Firm in Bristol. The Fisher House Foundation is a national organization that builds comfort homes on the grounds of military and Veteran Affairs medical centers where military veterans and their families can stay for no cost while undergoing treatment at Veteran Affairs hospitals. In 2010, Creed established a charity called the Friends of Fisher House Connecticut, the purported purpose of which was to raise funds to support the building and maintenance of a Fisher House comfort home in West Haven.
Creed solicited donations for the Friends of Fisher House from corporations and individuals. He solicited funds at fairs, carnivals and supermarkets, and also held fundraising events, including the Bristol half-marathon and a 10-kilometer foot race, based on the representation that the money raised would support the construction and operation of the West Haven Fisher House. While Friends of Fisher House Connecticut made a $1 million donation in 2015 to assist with the financing of the construction of the Fisher House West Haven, Creed used his position to take approximately $1.4 million that had been raised for the organization and use it for both personal and law firm expenses.
Creed is scheduled to be sentenced by U.S. District Judge Janet C. Hall on November 20, 2019, at which time he faces a maximum term of imprisonment of 20 years.
Creed is released on a $100,000 bond pending sentencing.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Michael S. McGarry.
U.S. Attorney Durham thanked the Office of the Chief State’s Attorney for its assistance in this matter.
Individuals who believe they have been victimized by this scheme are encouraged to contact the U.S. Attorney’s Office at 1-888-645-5807, or [email protected].
Attorney General’s Advisory Subcommittee on Native American Issues to Convene in New MexicoRead the Press Release
Cedar Rapids, IA – U.S. Attorney Peter. E. Deegan, Jr. will meet with fellow members of the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) in Santa Ana Pueblo, New Mexico, in order to discuss public safety and law enforcement issues that impact Native American and Alaska Native communities.
The annual meeting will begin Aug. 28 and run through Aug. 30. During this time, the NAIS will engage with tribal leaders and develop strategies and best practices to address missing and murdered indigenous people, drug trafficking, needed law enforcement resources, and safeguarding children from sexual abuse in Indian country.
The most common crimes investigated in Indian country include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. Native women and girls suffer a high rate of violence, including murder.
“United States Attorneys nationwide are committed to improving public safety in Indian country and rural Alaska. The work of Attorney General Barr’s Native American Issues Subcommittee is focused on reducing violent crime, improving law enforcement resources, and combating the distribution of methamphetamine and opioids,” said U.S. Attorney Shores, Chair of the NAIS. “The disproportionate rates of violence affecting Native American and Alaska Native women is particularly troubling to me. With Attorney General Barr’s leadership, we will continue working with tribal leaders to find solutions to the epidemic of violence against indigenous women.”
“Our office’s mission is to protect the public,” said United States Attorney Deegan. “This includes working with tribal authorities and the Federal Bureau of Investigation to safeguard the Native American communities in this district.”
Panel discussions will also focus on the Indian Arts and Crafts Act and preserving Native American cultural patrimony. The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
U.S. Attorney John Anderson of the District of New Mexico will host the three-day conference.
The NAIS consists of 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes and makes policy recommendations to the Attorney General. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime. It is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. U.S. Attorney Trent Shores of the Northern District of Oklahoma is the subcommittee Chair. U.S. Attorney Kurt Alme of the District of Montana is the Vice Chair.
In fiscal year 2018, the Department of Justice awarded $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs, to 134 Indian tribes and Alaska Native villages. In addition, the Department awarded a total of 154 grants totaling $88 million as part of the first-ever Tribal Victim Service Set-Aside program; these awards were supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The awards will help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Even more funding will be available – up to $168 million – under the set-aside this year.
In July 2019, the Department announced a new tool giving tribal governments the ability to input data directly and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). TTSORS is a fully functioning registry system that complies with Sex Offender Registration and Notification Act requirements. The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of more than 70 participating tribes across the country.
Attorney General’s Advisory Subcommittee on Native American Issues Convenes in New MexicoRead the Press Release
U.S. Attorney Trent Shores, along with fellow members of the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS), are meeting this week in Santa Ana Pueblo, New Mexico, to discuss public safety and law enforcement issues that impact Native American and Alaska Native communities.
The annual meeting started today and will run through Aug. 30. The NAIS will engage with tribal leaders and develop strategies and best practices to address missing and murdered indigenous people, drug trafficking, needed law enforcement resources, and safeguarding children from sexual abuse in Indian country.
The most common crimes investigated in Indian country include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. Native women and girls suffer a high rate of violence, including murder.
“United States Attorneys nationwide are committed to improving public safety in Indian country and rural Alaska. The work of Attorney General Barr’s Native American Issues Subcommittee is focused on reducing violent crime, improving law enforcement resources, and combating the distribution of methamphetamine and opioids,” said U.S. Attorney Shores, Chair of the NAIS. “The disproportionate rates of violence affecting Native American and Alaska Native women is particularly troubling to me. With Attorney General Barr’s leadership, we will continue working with tribal leaders to find solutions to the epidemic of violence against indigenous women.”
Panel discussions will also focus on the Indian Arts and Crafts Act and preserving Native American cultural patrimony. The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
U.S. Attorney John Anderson of the District of New Mexico is hosting the three-day meeting.
The NAIS consists of 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes and makes policy recommendations to the Attorney General. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime. It is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. U.S. Attorney Kurt Alme of the District of Montana is the Vice Chair.
In fiscal year 2018, the Department of Justice awarded $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs, to 134 Indian tribes and Alaska Native villages. In addition, the Department awarded a total of 154 grants totaling $88 million as part of the first-ever Tribal Victim Service Set-Aside program; these awards were supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The awards will help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Even more funding will be available – up to $168 million – under the set-aside this year.
In July 2019, the Department announced a new tool giving tribal governments the ability to input data directly and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). TTSORS is a fully functioning registry system that complies with Sex Offender Registration and Notification Act requirements. The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of more than 70 participating tribes across the country.
Attorney General's Advisory Subcommittee on Native American Issues to Convene in New MexicoRead the Press Release
TULSA, Okla.—U.S. Attorney Billy J. Williams will meet with fellow members of the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) in Santa Ana Pueblo, New Mexico, in order to discuss public safety and law enforcement issues that impact Native American and Alaska Native communities.
The annual meeting will begin today and run through Aug. 30. During this time, the NAIS will engage with tribal leaders and develop strategies and best practices to address missing and murdered indigenous people, drug trafficking, needed law enforcement resources, and safeguarding children from sexual abuse in Indian country.
The most common crimes investigated in Indian country include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. Native women and girls suffer a high rate of violence, including murder.
“United States Attorneys nationwide are committed to improving public safety in Indian country and rural Alaska. The work of Attorney General Barr’s Native American Issues Subcommittee is focused on reducing violent crime, improving law enforcement resources, and combating the distribution of methamphetamine and opioids,” said US Attorney Shores, Chair of the NAIS. “The disproportionate rates of violence affecting Native American and Alaska Native women is particularly troubling to me. With Attorney General Barr’s leadership, we will continue working with tribal leaders to find solutions to the epidemic of violence against indigenous women.”
“Pursuing justice on behalf of tribes in Oregon is a top priority for the U.S. Attorney’s Office. The NAIS advances important work on behalf of the Attorney General that helps to protect tribal communities and bring swift justice for tribal members whose lives are impacted crime and violence,” said U.S. Attorney Williams. “My colleagues and I are deeply committed to ensuring all tribes have the resources needed to protect their communities and administer justice on tribal land.”
Panel discussions will also focus on the Indian Arts and Crafts Act and preserving Native American cultural patrimony. The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in the marketing of Indian arts and crafts products within the United States. It is illegal to offer or display for sale, or sell any art or craft product in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States.
U.S. Attorney John Anderson of the District of New Mexico will host the three-day conference.
The NAIS consists of 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes and makes policy recommendations to the Attorney General. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime. It is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. U.S. Attorney Trent Shores of the Northern District of Oklahoma is the subcommittee Chair. U.S. Attorney Kurt Alme of the District of Montana is the Vice Chair.
In fiscal year 2018, the Department of Justice awarded $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs, to 134 Indian tribes and Alaska Native villages. In addition, the Department awarded a total of 154 grants totaling $88 million as part of the first-ever Tribal Victim Service Set-Aside program; these awards were supported by the Crime Victims Fund, a repository of federal criminal fines, fees, and special assessments. The awards will help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Even more funding will be available – up to $168 million – under the set-aside this year.
In July 2019, the Department announced a new tool giving tribal governments the ability to input data directly and gain access to the FBI’s National Sex Offender Registry (NSOR) using the Tribe and Territory Sex Offender Registry System (TTSORS). TTSORS is a fully functioning registry system that complies with Sex Offender Registration and Notification Act requirements. The system connection will be available to all tribal governments already participating in the Tribal Access Program (TAP), which allows information sharing between tribal and federal government criminal information systems. TAP has been instrumental in assisting tribes with ongoing implementation of SORNA. In fiscal year 2019, the department expanded TAP to 25 more tribes, for a total of more than 70 participating tribes across the country.
Associate of Former Border Patrol Agent Sentenced to Prison for Conspiracy to Commit BriberyRead the Press Release
An associate of a former U.S. Border Patrol Agent (BPA) was sentenced to 48 months in prison followed by one year of supervised release for conspiring to accept money in return for helping to smuggle marijuana and other illegal drugs into the United States.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney for the Southern District of Texas Ryan K. Patrick, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Special Agent in Charge Juan B. Benavides of U.S. Customs and Border Protection (CBP), Houston, made the announcement.
Daniel Hernandez, 46, of Roseville, California, was sentenced by U.S. District Judge Gray H. Miller of the Southern District of Texas, who also ordered Hernandez to forfeit $5,000. Hernandez pleaded guilty to one count of bribery on Feb. 5, 2019, before U.S. Magistrate Judge Nancy K. Johnson of the Southern District of Texas.
According to the plea documents, between 2013 and May 2014, Hernandez and the BPA, Robert John Hall Jr., agreed, and took overt acts, to facilitate the trafficking of illegal drugs, including marijuana, into the United States from Mexico on behalf of a drug trafficking organization (DTO). In exchange for cash payments, they provided an individual they believed to be a member of the DTO with CBP sensor locations, the locations of unpatrolled roads at or near the U.S.-Mexico border, the number of BPAs working in a certain area, keys to unlock CBP locks located on gates to ranch fences along the border, and CBP radios. In total, Hernandez accepted approximately $5,000 in cash in return for facilitating shipments of illegal narcotics into Texas without law enforcement detection.
The FBI investigated the case with assistance from CBP Office of Professional Responsibility. Trial Attorneys Rebecca Moses and Peter M. Nothstein of the Criminal Division’s Public Integrity Section, and Assistant U.S. Attorneys John Pearson and Arthur R. Jones of the Southern District of Texas are prosecuting the case.
Associate of Former Border Patrol Agent Sentenced for Conspiracy to Commit BriberyRead the Press Release
HOUSTON – An associate of a former U.S. Border Patrol (BP) agent has been sentenced to for conspiring to accept money in return for helping to smuggle marijuana and other illegal drugs into the United States.
U.S. Attorney Ryan K. Patrick, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office and Special Agent in
U.S. District Judge Gray H. Miller sentenced Daniel Hernandez, 46, of Roseville, California, to 48 months in prison to be followed by one year of supervised release and ordered him to forfeit $5,000. Hernandez pleaded guilty Feb. 5, 2019, to one count of bribery before U.S. Magistrate Judge Nancy K. Johnson.
According to the plea documents, between 2013 and May 2014, Hernandez and BP agent Robert John Hall Jr., of La Feria, agreed and took overt acts to facilitate the trafficking of illegal drugs, including marijuana, into the United States from Mexico on behalf of a drug trafficking organization (DTO). In exchange for cash payments, they provided an individual they believed to be a member of the DTO with CBP sensor locations, the locations of unpatrolled roads at or near the U.S.-Mexico border, the number of BP agents working in a certain area, keys to unlock CBP locks located on gates to ranch fences along the border and CBP radios. In total, Hernandez accepted approximately $5,000 in cash in return for facilitating shipments of illegal narcotics into Texas without law enforcement detection.
Hall was previously sentenced to 114 months in prison.
The FBI investigated the case with assistance from CBP - Office of Professional Responsibility. Assistant U.S. Attorneys John Pearson and Arthur R. Jones and Trial Attorneys Rebecca Moses and Peter M. Nothstein of the Criminal Division’s Public Integrity Section are prosecuting the case.
Assistant Attorney General Makan Delrahim Announces Selection of Kathy O'Neill as the Antitrust Division's New Senior Director of Investigation and LitigationRead the Press Release
Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division today announced the elevation of Section Chief Kathy O’Neill to the new role of Senior Director of Investigations and Litigation. O’Neill, who most recently served as Chief of the Antitrust Division’s Transportation, Energy and Agriculture Section, will serve in the division’s front office as the senior-most career civil antitrust attorney, with responsibility over all civil merger and conduct investigations and litigation.
“Kathy has proven her extraordinary talent as a leader in the Antitrust Division time and again, helping bring a number of blockbuster investigations to successful resolutions in recent years. Her leadership, breadth of experience and advocacy have been invaluable, and in her new role she will be able to work closely with all of our civil section leadership to ensure that we carry out our mission on behalf of American consumers efficiently and effectively,” said Assistant Attorney General Delrahim.
O’Neill has been with the Antitrust Division for 12 years. Prior to joining the Antitrust Division, she worked as an assistant attorney general for the New York State Attorney General, an attorney advisor for the Federal Communications Commission and in private practice. O’Neill has played a leading role in advancing numerous high-profile matters, including the Antitrust Division’s investigation and settlement of Bayer’s proposed acquisition of Monsanto; the division’s civil investigation of a big-rigging conspiracy by several South Korea-based companies, which resulted in record-setting settlements under Section 4A of the Clayton Act; and the division’s successful challenge to Halliburton’s proposed acquisition of Baker Hughes. O’Neill also played a prominent role in the litigation and settlement of U.S. v. US Airways Group Inc. and AMR Corp in 2013 and the Antitrust Division’s successful litigation efforts in U.S. v. NCM and Screenvision in 2015, U.S. v. AT&T Inc., T-Mobile USA Inc. and Deutsche Telekom AG in 2011 and U.S. v. JBS S.A. in 2008.
O’Neill received her J.D. from Tulane Law School and her B.A. from the University of Pennsylvania.
Appleton Man Indicted for Impersonating a Deputy US Marshal and Possessing a Firearm as a Convicted FelonRead the Press Release
United States Attorney Matthew D. Krueger of the Eastern District of Wisconsin, announced that on August 27, 2019, a federal grand jury returned an indictment against Adam K. Fevold (age: 31) of Appleton, Wisconsin.
Fevold faces charges alleging he impersonated a Deputy US Marshal and was a felon in possession of a firearm, contrary to Title 18, United States Code, Sections 912 and 922(g)(1). He faces maximum penalties of three and ten years’ imprisonment, respectively, fines of $250,000, and three years of supervised release.
According to the indictment, Fevold pretended to be a Deputy US Marshal in order to be excused from work at his private employer. The indictment further alleges that Fevold falsely represented to the company that he possessed and was authorized to use U.S. Marshal-issued credentials and equipment, including a badge, handcuffs, a heat-seeking drone, and bulletproof glass and emergency lights on his vehicle. The indictment also alleges that during the same time period, Fevold was a convicted felon unlawfully possessing a Romanian-made 7.62-millimeter semi-automatic rifle.
This case was investigated by the United States Marshals Service and the Outagamie County Sheriff’s Department. It will be prosecuted by Assistant United States Attorney Timothy W. Funnell.
An indictment is only a charge and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove him guilty beyond a reasonable doubt.
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Alleged Fraudster Indicted in $2.7 Million Scam Against BankRead the Press Release
SAN FRANCISCO – A federal grand jury indicted Alan Safahi on charges related to an alleged bank fraud scheme, announced United States Attorney David L. Anderson and Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Kareem Carter.
The indictment alleges that between June 2013 and September 2014, Safahi, 58, of Orinda, Calif., fraudulently entered into an agreement with a bank by which the bank was to be a backer for prepaid charge cards. According to the agreement, Safahi’s company, Card Express, would issue and service the charge cards. Further, the agreement required Card Express to fund 100% of the value of the cards and to turn over to the bank the total amount that the cards were supposed to be worth. Instead of complying with the agreement, Safahi allegedly directed the employees of Card Express to maintain two sets of books. One set of books maintained by Card Express was accessible to the cardholders and accurately reported the total amount for which the prepaid charge card was purchased, as well as the balance after any purchases. The second set of books, however, was provided to the bank and fraudulently stated that the amount the cardholder spent on the day the card was used was the total value of the prepaid card. Thus, Safahi caused the bank to believe the sponsored cards had much lower balances overall than they actually did have.
The indictment further alleges Safahi fraudulently diverted funds that should have been turned over to the bank, i.e., the difference between the value of the cards and the amount Card Express reported to the bank was prepaid for the cards. Safahi allegedly used some of the diverted funds to fund Card Express. Safahi allegedly used other diverted funds to maintain his personal lifestyle, including by purchasing his home. According to the indictment, on or about September 24, 2014, Safahi no longer was able to maintain sufficient cash flow to conceal his fraud and reported the true overall balance of the prepaid charge cards to the bank. After reporting the true balance of the cards to the bank, Safahi promptly shut down Card Express, causing the bank and its customers to lose money. According to the indictment, the overall balance of the charge cards Safahi reported to the banks on September 24, 2014, was approximately $2,735,531.27 larger than previously reported.
In sum, the indictment charges Safahi with bank fraud, in violation of 18 U.S.C. § 1344, four counts of wire fraud, in violation of 18 U.S.C. § 1343, and one count of money laundering, in violation of 18 U.S.C. § 1957. Safahi made his initial appearance today and was released on a $250,000 bond. The defendant was ordered to appear on September 13, 2019, at 11:00 a.m. before the Honorable Susan Illston for a status and trial setting conference.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, the defendant faces a maximum sentence of 30 years in prison and a maximum $1,000,000 fine on each count of bank and wire fraud. If convicted of money laundering, the defendant faces a maximum sentence of 10 years in prison and a maximum $250,000 fine. In addition, the court also may order an additional term of supervised release, fines or other assessments, and restitution, if appropriate. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Robert David Rees is prosecuting this case with the assistance of Kathy Tat. This prosecution is the result of an investigation by the Internal Revenue Service. Criminal Investigations.
Alabama Couple Sentenced in Child Exploitation CaseRead the Press Release
Montgomery, Alabama – On Tuesday, August 27, 2019, a federal judge sentenced a Prattville man and a Shelby County woman on child exploitation charges, announced Middle District of Alabama United States Attorney Louis V. Franklin, Sr., Northern District of Alabama United States Attorney Jay E. Town, and Homeland Security Investigations Special Agent in Charge for Alabama Nick S. Annan.
United States District Judge L. Scott Coogler sentenced Kenneth Earl Hooks, 36, of Prattville, to 120 years and two life sentences, and Sarah Pauline Morris, 28, of Shelby County, to 197 months for producing child pornography and enticing a young child to engage in sexual activity for the purpose of creating obscene images. Hooks pled guilty to these charges in February 2019, and also to the additional charge of transportation of a minor for sexual purposes. Morris pled guilty in March 2019. There is no parole in the federal system.
The charges originated from numerous criminal events that occurred in the Middle District of Alabama and in the Northern District of Alabama. Cases in both districts were consolidated for sentencing in the Northern District.
According to a May 4, 2018, federal criminal complaint and arrest affidavit issued for Hooks, police found Hooks and Morris living in a desert area in the southern tip California after locating a red Mitsubishi Montero with an Alabama license plate. The red Mitsubishi was registered to Morris and police were searching for it because security cameras at a Walmart in Brawley, California, showed her driving it on March 30, 2018, after security officers at the store reported Morris attempting to film two young girls in a bathroom stall.
As a result of further investigation, images of child pornography were discovered on a laptop that had been subjected to forensic examination by law enforcement officers in Imperial County, California. On or about April 27, 2018, agents from the Department of Homeland Security in Birmingham received these images which depicted the sexual exploitation of two prepubescent children and a teenage female under the age of 18 by Hooks in Alabama. During the investigation, agents learned that Hooks had transported the teenage female victim from Mississippi to Alabama with the intent of sexually assaulting her and recording it on video.
“Exploiting children is a despicable crime that is carried out by depraved individuals,” stated U.S. Attorney Franklin. “Protecting the young and innocent is a priority in my office. I am proud of the hard work and diligence of every agency involved in bringing these two to justice, and I hope that these significant sentences serve as a stark warning to anyone who preys on children.”
“The sentencing of Hooks and Morris brings justice to two serial offenders who preyed on societies most vulnerable,” said HSI Special Agent in Charge Nick S. Annan. “Their self-described ‘Bonnie and Clyde’ crime spree included depraved acts of abuse and violence and would have undoubtedly continued without fantastic case work of the agents involved in this investigation.”
Homeland Security Investigations (HSI) Birmingham investigated the case, with the assistance of HSI Calexico, CA; HSI Las Cruces, NM; HSI El Paso, TX; Brawley Police Department, CA; Imperial County California District Attorney’s Office; U.S. Marshals Service Pacific Southwest Regional Fugitive Task Force, El Centro Division, CA; Chilton County Alabama Sheriff’s Office, and the Alabaster Police Department, AL.
Assistant United States Attorneys Hollie Reed and Russell Duraski, of the Middle District of Alabama, and Assistant United States Attorney R. Leann White, of the Northern District of Alabama prosecuted the case.
Tuesday 27 August 2019
West Warwick Man Charged with Distribution of FentanylRead the Press Release
PROVIDENCE – An information was filed in U.S. District Court in Providence today charging David Grimaldi, 23, of West Warwick, with distribution of fentanyl.
It is alleged in court documents that Nicholas Bateman, 27, of Rochester, Mass., ingested one half of one of three pills allegedly sold to him by Grimaldi on July 1, 2017, and quickly became unresponsive. He was pronounced dead a short time later at Kent Hospital.
A subsequent autopsy established the presence of alcohol and fentanyl in the blood of Bateman. The Rhode Island Medical Examiner determined that Bateman died as a result of the toxic effects of alcohol and fentanyl.
According to court documents, the three pills allegedly sold by Grimaldi to Bateman were manufactured to appear to be 30 mg. Oxycodone hydrochloride tablets. DEA forensic testing established the pills contained fentanyl.
According to a plea agreement filed in this matter, the government will argue at sentencing that the death of Nicholas Bateman resulted from the conduct of David Grimaldi.
The filing of an information charging David Grimaldi with distribution of fentanyl is announced by United States Attorney Aaron L. Weisman, West Warwick Police Chief Colonel Mark A. Knott, and Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division Brian D. Boyle.
An information is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Distribution of fentanyl is punishable by statutory penalties of up to 20 years imprisonment followed by lifetime supervised release, and a fine of $1,000,000.
Grimaldi will be arraigned in U.S. District Court on a date to be established by the Court.
The case is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The matter was investigated by the West Warwick Police Department and the Rhode Island DEA Drug Task Force.
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West Virginia Receives over $1.2 Million in STOP Formula Grant Program Funds from the Office on Violence Against WomenRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced that the Office on Violence Against Women has awarded $1,255,509 in grant funds to the West Virginia Division of Justice and Community Services (DJCS).
The STOP (Services, Training, Officers, Prosecutors) Violence Against Women Formula Grant Program (STOP Formula Grant Program) was authorized by the Violence Against Women Act (VAWA) of 1994 and reauthorized by subsequent legislation. The STOP Formula Grant Program encourages partnerships between law enforcement, prosecution, courts, and victim services organizations to enhance victim safety and hold offenders accountable in cases of domestic violence, dating violence, sexual assault, and stalking. The goal of the grant program is to develop and strengthen law enforcement, prosecution, and court strategies to combat violent crimes against women and to develop and strengthen victim services, including community-based, culturally-specific services, in cases involving domestic violence, dating violence, sexual assault, and stalking.
“I’ve traveled throughout my District to personally meet with our STOP teams and convey my office’s commitment to prosecute cases of violence against women” said United States Attorney Mike Stuart. “The awarded grant funds are critical federal dollars that will support and enhance the important work of our STOP teams statewide.”
The West Virginia DJCS acts as the State Administering Agency (SAA) for this grant program.
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West Virginia Man Pleads Guilty to Distribution of MarijuanaRead the Press Release
HUNTINGTON, W.Va. – A West Virginia man pled guilty today to federal drug trafficking offenses, announced United States Attorney Mike Stuart. Tequan Montek Pratt, 24, pled guilty to two counts of distribution of marijuana before United States District Judge Robert C. Chambers. Stuart commended the investigation conducted by the Putnam County Narcotics Unit and the Violent Crime and Drug Task Force - West.
“Pratt trafficked at least 20 kilos of marijuana,” said United States Attorney Mike Stuart. “In this District, marijuana traffickers will be prosecuted just like any other drug trafficker.”
Pratt admitted that on March 29, 2018; March 30, 2018; and April 9, 2018, he sold a pound of marijuana to a confidential police informant at a duplex in Nitro, Putnam County, West Virginia. Pratt also admitted that he and his associates were trafficking the marijuana from cities throughout California for several months. Estimated conservatively, Pratt admitted to trafficking at least 20 kilograms of marijuana from California. The United States indicated its intention to prove at sentencing that Pratt also possessed a small arsenal of firearms and almost 800 MDMA pills at two other houses in Putnam County.
Pratt faces up to 10 years in prison when sentenced on December 2, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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Warwick Man Charged with Interstate Travel to Engage in Sex with a Minor, Receipt of Child PornographyRead the Press Release
PROVIDENCE – A Warwick man who allegedly befriended a 15-year-old Hopkins, Michigan, girl on social media and allegedly helped her devise and execute a plan to run away from home and avoid being located or contacted by her parents has been charged in federal court in Providence with interstate travel to engage in sexual activity with a minor and receipt of child pornography.
Charles Morancey, 43, was arrested by Warwick Police on August 6, 2019, four days after he allegedly traveled to the girl’s home in Michigan, picked her up, and drove her to his residence in Rhode Island. It is alleged that Morancey engaged in illicit sexual activity with the 15 year-old on the way to Rhode Island and at his residence.
Morancey has been detained on Rhode Island State charges since his arrest.
It is alleged in court documents that Morancey and the 15 year-old began communicating via social media in mid-July. When the girl expressed that she was experiencing difficulties at home, it is alleged that Morancey helped her devise a plan to run away from home, prevent her parents from accessing her social media accounts, and avoid being contacted or located by them.
It is alleged the two exchanged sexually explicit comments through social media, and that the 15 year-old sent Morancey sexually explicit photographs.
According to court documents, on August 6, Allegan County Sherriff’s Department obtained an emergency search warrant for the then missing teen’s Instagram account, and determined that the girl had logged on to her account from an IP address in Rhode Island belonging to Morancey. The Allegan County Sherriff’s Department notified Warwick Police who went to Morancey’ s residence where they located the 15 year-old. The girl was escorted to Warwick Police headquarters. Later that afternoon, Morancey was located driving his vehicle, pulled over, and arrested.
Charges filed in U.S. District Court on Monday are announced by United States Attorney Aaron L. Weisman, Warwick Police Chief Colonel Rick Rathbun, and Special Agent in Charge of the FBI Boston Division Joseph R. Bonavolonta, and are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
United States Attorney Aaron L. Weisman acknowledges and thanks the Rhode Island Department of the Attorney General for their assistance to this Office prior to the filing of charges in U.S. District Court.
The matter was investigated by the Warwick Police Department, with the assistance of the FBI Child Exploitation Task Force and the Allegan County Sherriff’s Office.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
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