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Tuesday 11 June 2019
Seven-Time Convicted Felon Sentenced to over Ten Years in Prison on Federal Gun and Drug ChargesRead the Press Release
Gulfport, Miss. – Quniton Kinyoun Peairs, 34, of Pascagoula, was sentenced yesterday by Senior U.S. District Judge Louis Guirola, Jr. to 120 months in prison for being a felon in possession of a firearm, and 123 months for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. The sentences will run concurrently. Peairs was also ordered to pay an $8,000 fine and serve 3 years of supervised release following his prison sentence.
Peairs has seven prior felony convictions in Jackson County from 2006 through 2015. Three times during May 2018, Peairs sold methamphetamine, along with a firearm, to a confidential informant for the South Mississippi Metro Enforcement Team and the ATF. On one occasion, Peairs brought another individual with him who sold a shotgun stolen from the Pascagoula Police Department to the confidential informant.
The South Mississippi Metro Enforcement Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. It was prosecuted by Assistant United States Attorney Annette Williams.
Savannah River Nuclear Site Contractor Settles False Claims Act Allegations for $1.6 millionRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Richard Moore of Aiken, South Carolina, the owner of Carolina Sodding Services, LLC, and Carolina Enterprises of the Lowcountry, LLC, has agreed to pay $1.6 million to resolve allegations that he and his companies violated the False Claims Act by submitting false invoices for materials that were never provided and false certifications that his companies were women-owned businesses. Mr. Moore and his companies were contracted to perform work at the Savannah River Nuclear Site in Aiken.
“Those who seek to do business with the federal government must do so fairly and honestly,” said U.S. Attorney Lydon. “Through False Claims Act cases like this one, the U.S. Attorney’s Office for the District of South Carolina will continue to hold accountable those who knowingly seek taxpayer funds to which they are not entitled.”
Teri L. Donaldson, Department of Energy Inspector General said, “The Office of Inspector General is committed to ensuring the integrity of Department contracts by detecting and holding accountable those who choose to engage in false claim schemes. This settlement is a result of our staff’s dedicated work to ensure public funds are used for the mission-related purposes for which they are intended. We appreciate the efforts of the Department of Justice in pursuing this matter and will continue to work collaboratively with them to aggressively investigate those who seek to defraud Department programs.”
The False Claims Act is the United States’ primary civil remedy to redress false claims for government funds and property under government programs and contracts relating to such varied areas as health care, defense and national security, food safety and inspection, federally insured loans and mortgages, highway funds, small business contracts, agricultural subsidies, and disaster assistance.
Deputy Civil Chief James Leventis of the Columbia office handled the case. The case was investigated by the Department of Energy Office of Inspector General.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
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Sale of Stolen Firearm Results in Federal ConvictionRead the Press Release
A West Union man who sold a stolen firearm and was an unlawful user of marijuana and methamphetamine pled guilty today in federal court in Cedar Rapids.
Gilbert Lopez, Jr., age 33, from West Union, Iowa, was convicted of two counts of being an unlawful drug user in possession of firearms and one count of selling a stolen firearm.
At the plea hearing, Lopez admitted that on April 15, 2019, he was an unlawful user of marijuana and methamphetamine. On that date he knowingly sold a stolen .40 caliber handgun to another. On April 16, 2019, when law enforcement officials executed a search warrant, Lopez admitted he had a .380 caliber handgun.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Lopez remains in custody of the United States Marshal pending sentencing. For each of the three counts, Lopez faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick Reinert and was investigated by the Winneshiek County Sheriff’s Office, Iowa Division of Narcotics Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2026-CJW.
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Retired Pittsburgh Firefighter Sentenced to Nearly 3 Years in Prison for Cocaine TraffickingRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, was sentenced to two years and 10 months (34 months) in federal prison and three years of supervised release as a result of his conviction for cocaine trafficking, United States Attorney Scott W. Brady announced today.
Walter John Amman, III, 68, was sentenced on Friday by Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that Amman’s 77 year-old co-defendant Richard Wright had been purchasing kilogram level amounts of cocaine for over two decades. The co-defendant would process the cocaine by packaging it in smaller quantities and converting some into crack. In more recent years, Walter Amman would help the co-defendant with the processing, packaging and distribution of the cocaine. Two controlled purchases of cocaine were made from Mr. Amman and the DEA, HSI, IRS-CI and Pittsburgh Police obtained search warrants for locations attributable to Amman and the co-defendant. The resulting January 11, 2017 searches resulted in law enforcement locating items which included:
- In the co-defendant’s residence: cocaine prepackaged for sale and color-coded for size; multiple firearms and thousands of rounds of ammunition; large amounts of cash; multiple vehicles registered to Amman and his family
- In the co-defendant’s garage: large amounts of powder cocaine; numerous inositol bottles and material to convert cocaine into crack; large amounts of cash; three pistols (including one registered to Amman); and a safe imbedded into the concrete floor
- At Amman’s residence: firearms; prepackaged amounts of crack and cocaine in a jacket with Amman’s name on it; keys to a truck in the jacket; and approximately $1,000 and additional prepackaged cocaine in the truck.
At his plea hearing, Amman admitted that he was responsible for between 700 grams and one kilogram of cocaine, as well as the 5.767 grams of crack cocaine found at his property.
Judge Hornak noted that Amman is a retired Pittsburgh firefighter, that he had recently earned his High School Diploma while incarcerated, and that he had been involved in no misconduct while in jail. In determining the sentence, the Court balanced these facts with the "very serious" drug charges that Amman committed and the defendant’s only prior conviction, a 2006 conviction in Florida for similar charges that also involved Wright.
Wright pleaded guilty in the case but died pending sentencing.
Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.
The Internal Revenue Service – Criminal Investigation, Homeland Security Investigations (HSI) Drug Enforcement Administration (DEA) and the Pittsburgh Bureau of Police conducted the investigation that led to the prosecution of Walter John Amman, III, with valuable assistance from the Pennsylvania Game Commission.
Real Estate Property Owner Sentenced in Connection withClean Water Act Violation in Florida Keys Following Hurricane IrmaRead the Press Release
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, Andy Castro, Special Agent in Charge, U.S. Environmental Protection Agency, Criminal Investigation Division (EPA-CID), Atlanta Area Office, Colonel Andrew Kelly, District Engineer, U.S. Army Corps of Engineers (USACE), Jacksonville District, and Frank Robey, Director, U.S. Army Criminal Investigation Command, Major Procurement Fraud Unit, announced that Bonefish Holdings, LLC pled guilty and was sentenced today, before U.S. District Court Judge Jose E. Martinez, in connection with the illegal filling of federally regulated wetlands without a federal permit from USACE following Hurricane Irma in 2017.
Bonefish Holdings, LLC (“Bonefish”), pled guilty to illegally discharging fill material, which is a pollutant, into federally regulated wetlands without a permit issued by the USACE following Hurricane Irma in 2017, in violation of the Clean Water Act, Title 33, United States Code, Sections 1311(a) and 1319(c)(2)(A). Following acceptance of the guilty plea, Judge Martinez moved immediately to sentencing. Bonefish was sentenced to 3 years of probation, was ordered to pay a $50,000 criminal fine, and ordered to fully restore the impacted 3.73 acres of federal wetlands according to an approved Restoration Plan (estimated by the defendant to cost approximately $189,000).
Court records and a joint factual statement indicate that Bonefish owned five parcels of ocean-side land totaling approximately 7.41 acres, containing approximately 3.73 acres of federally regulated wetlands in Upper Matecumbe Key, Monroe County. Bonefish wanted to develop the site into a luxury commercial property, however, due to the presence of federally protected wetlands and the existing Village of Islamorada’s Comprehensive Plan and Land Development Regulations, those plans were denied. The defendant sought and received a Jurisdictional Determination in 2009, reconfirmed in 2013, from the USACE confirming the presence of the federally protected wetlands and making clear that fill activity could only occur with the required permits. On September 10, 2017, Hurricane Irma hit the Florida Keys as a major Category 4 hurricane. The defendant hired laborers with the intention, in addition to clearing storm debris, to clear and fill the site. The defendant’s actions were designed to intentionally take advantage of what it saw as an opportunity to remove significant additional vegetation and the filling of wetlands, in the hope of easing the path for future development of the site.
U.S. Attorney Ariana Fajardo Orshan stated, “The Clean Water Act serves to protect our wetlands and other natural resources in South Florida. Wetlands, in addition to improving water quality, are important for flood and storm protection. The illegal filling of designated wetlands violates the Act and exposes those who carry out their destruction to federal prosecution. Compliance with these regulations ensures that we can all continue to enjoy the natural beauty and important benefits of these protected areas.”
“Property owners can not engage in illegal conduct under the guise of hurricane response to further private development goals and circumvent the regulatory process. Property owners may remove debris from their land, but that does not allow them to go beyond cleanup and fill jurisdictional wetlands,” said Andy Castro, EPA-CID Special Agent in Charge. “Under this plea agreement the defendant will fully restore the high-quality wetlands it illegally destroyed.”
“Compliance and enforcement are an important component of the Corps’ Regulatory program and helps to ensure the public’s interest and our Nation’s aquatic resources are protected, said Robert Halbert, USACE Chief of Jacksonville District’s enforcement section. “We take violations and unauthorized activities very seriously.”
“Today’s result sends a strong message that our special agents take any and all allegations of criminal acts very seriously,” said Frank Robey, Director of the U.S. Army Criminal Investigation Command’s, Major Procurement Fraud Unit. “We work shoulder to shoulder with the Department of Justice and our fellow law enforcement agencies to prevent these types of violations and will aggressively continue to do so.”
U.S. Attorney Fajardo Orshan commended the investigative efforts of the EPA-CID, USACE, and the U.S. Army Criminal Investigative Command, Major Procurement Fraud. The case was prosecuted by Special Assistant U.S. Attorney Jodi A. Mazer of the Economic & Environmental Crimes Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Philadelphia Man Sentenced for Robbing A Pawn Shop Owner at GunpointRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Marquee Hicks, 22, of Philadelphia, PA, who was convicted of possession with intent to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and robbery affecting interstate commerce, was sentenced to serve 140 months in prison by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Sean C. Eldridge, who handled the case, stated that on November 5, 2016, Hicks went to the Royal Crown Pawn Shop on Dewey Avenue in Rochester. The defendant entered the store and asked to see some jewelry in a display case. When the owner opened the case, Hicks pointed a handgun at the owner, and robbed the store along with other individuals. During the robbery, the store owner’s mouth and legs were covered and bound with duct tape. After removing property from the store, the defendant and other assailants left.
On March 9, 2017, Hicks was a passenger in a vehicle that was pulled over for a traffic stop by Elmira Police Officers. While an officer was speaking to the driver at the rear of the vehicle, another officer continued to watch Hicks, who was still in the car. That officer witnessed the defendant remove two baggies of cocaine from his pockets and put them on the car floor. The officers then opened the passenger door to arrest Hicks, and a brief struggle ensued. During the struggle, officers removed a loaded .40 caliber handgun from Hicks’ waistband.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Greece Police Department, under the direction of Chief Patrick Phelan; and the Elmira Police Department, under the direction of Chief Joseph Kane.
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Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded MedicareRead the Press Release
LOS ANGELES – Two owners and operators of a home health agency were sentenced to 10 years and 6½ years in federal prison on Monday for their roles in a scheme to bill Medicare for various items and services – including home health services, diagnostic testing, medical procedures and durable medical equipment – that were not medically necessary and/or were not provided.
Angela Avetisyan, 43, of Glendale, was sentenced to 120 months in prison by United States District Judge Otis D. Wright II, who also ordered Avetisyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in $172,000 seized by the government in May 2014, as well as six real properties purchased with fraud proceeds. The Court ordered Avetisyan to make an immediate partial restitution payment of $10,000.
Ashot Minasyan, 61, of North Hollywood, was sentenced to 78 months in prison by Judge Wright, who also ordered Minasyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in the same $172,000 and six real properties. The Court ordered Minasyan to make an immediate partial restitution payment of $100,000.
Avetisyan and Minasyan were charged along with Robert Glazer, 73, and Marina Merino, 62, both of Los Angeles, in a second superseding indictment returned in June 2015. On June 7, 2019, co-defendants Glazer and Merino were found guilty after a seven-day trial of conspiracy to commit health care fraud and health care fraud.
Avetisyan and Minasyan each pleaded guilty on Oct. 9, 2018, to one count of conspiracy to commit health care fraud. As part of their guilty pleas, Avetisyan and Minasyan admitted that, as co-owners and operators of the Los Angeles-based Fifth Avenue Home Health, they engaged in a conspiracy with Glazer, Merino and others to recruit Medicare patients to Glazer’s clinic so that Glazer could use those patients’ information to bill for medically unnecessary outpatient clinic services and refer those patients for medically unnecessary home health services from Fifth Avenue and other home health agencies. Avetisyan and Minasyan further admitted that they paid Merino and other patient recruiters illegal kickbacks to bring Medicare patients to the Glazer clinic.
As found at sentencing by the Court, Avetisyan and Minasyan, along with their co-conspirators, submitted and caused to be submitted false and fraudulent claims for home health services that were medically unnecessary, for services that were not provided and for claims obtained by the payment of illegal kickbacks.
This case was investigated by the United States Department of Health and Human Services, Office of Inspector General; the FBI; and IRS-Criminal Investigation.
Justice Department Trial Attorneys Claire Yan, Robyn N. Pullio and Emily Z. Culbertson of the Criminal Division’s Fraud Section are prosecuting the case. The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.
The Fraud Section leads the Medicare Strike Force, 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, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Owners of Los Angeles Home Health Agency Sentenced to Prison for Role in Health Care Fraud that Defrauded MedicareRead the Press Release
Two owners and operators of a Los Angeles, California, home health agency were sentenced to 120 and 78 months in prison yesterday for their roles in a scheme to bill Medicare for various items and services, including home health services, diagnostic testing, medical procedures and durable medical equipment that were not medically necessary and/or were not provided.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Nicola T. Hanna of the Central District of California, Special Agent in Charge Christian J. Schrank of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Los Angeles Regional Office, Assistant Director in Charge Paul D. Delacourt of the FBI’s Los Angeles Division and Special Agent in Charge Ryan Korner of the IRS Criminal Investigations’ (IRS-CI) Los Angeles Field Office made the announcement.
Angela Avetisyan, 43, of Glendale, California, was sentenced to 120 months in prison by U.S. District Judge Otis D. Wright II of the Central District of California, who also ordered Avetisyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in $172,000 seized by the government in May 2014, as well as six real properties purchased with fraud proceeds. The Court ordered Avetisyan to make an immediate partial restitution payment of $10,000.
Ashot Minasyan, 61, of North Hollywood, California, was sentenced to 78 months in prison by Judge Wright, who also ordered Minasyan to pay $4,283,674 in restitution and to forfeit all right, title, and interest in the same $172,000 and six real properties. The Court ordered Minasyan to make an immediate partial restitution payment of $100,000.
Avetisyan and Minasyan were charged along with Robert Glazer, 73, and Marina Merino, 62, both of Los Angeles, in a second superseding indictment returned in June 2015. On June 7, 2019, co-defendants Glazer and Merino were found guilty after a seven day trial of conspiracy to commit health care fraud and health care fraud.
Avetisyan and Minasyan each pleaded guilty on Oct. 9, 2018, to one count of conspiracy to commit health care fraud. As part of their guilty pleas, Avetisyan and Minasyan admitted that as co-owners and operators of Fifth Avenue Home Health (Fifth Avenue), a home health agency located in Los Angeles, they engaged in a conspiracy with Glazer, Merino and others to recruit Medicare patients to Glazer’s clinic so that Glazer could use those patients’ information to bill for medically unnecessary outpatient clinic services and refer those patients for medically unnecessary home health services from Fifth Avenue and other home health agencies. Avetisyan and Minasyan further admitted that they paid Merino and other patient recruiters illegal kickbacks to bring Medicare patients to the Glazer clinic.
As found at sentencing by the Court, Avetisyan and Minasyan, along with their co-conspirators, submitted and caused to be submitted false and fraudulent claims for home health services that were medically unnecessary, for services that were not provided and for claims obtained by the payment of illegal kickbacks.
This case was investigated by the HHS-OIG, the FBI and IRS-CI. Trial Attorneys Claire Yan, Robyn N. Pullio and Emily Z. Culbertson of the Criminal Division’s Fraud Section are prosecuting the case. The Asset Forfeiture Section of the U.S. Attorney’s Office for the Central District of California is handling the asset forfeiture aspects of the case.
The Fraud Section leads the Medicare Strike Force, 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, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Ontario County Woman Indicted on Wire and Bank Fraud ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a two-count indictment charging Karen Owens, 54, of Phelps, NY, with wire fraud and bank fraud. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that the defendant was employed by Finger Lakes Conveyors, Inc. (FLC) as its Director of Finance from 2003 to 2017. According to the indictment, during that time period, Owens embezzled over $750,000 in funds from FLC’s bank account by writing approximately 550 unauthorized checks to herself and to pay off her and her husband’s personal credit cards. The defendant, who was responsible for maintaining FLC’s accounting records, would conceal the unauthorized checks by falsely recording them in FLC’s QuickBooks ledger as payments to FLC’s vendors for legitimate business expenses.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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O.C. Man Who Was a Top Seller of Narcotics on One of Dark-net’s Biggest Marketplaces Sentenced to 10 Years in Federal PrisonRead the Press Release
LOS ANGELES – An Irvine resident who sold narcotics on one of the dark-net’s largest marketplaces has been sentenced to 120 months in federal prison for illegally distributing drugs.
Tyler Reeves, 29, who sold narcotics under the moniker “Platinum45,” was sentenced on Monday by United States District Judge James V. Selna. In addition to the 10-year prison term, Judge Selna ordered Reeves to pay a $15,000 fine.
The 10-year sentence resulted from Reeves pleading guilty in March to distributing methamphetamine and money laundering.
From mid-2017 until September 2018, Reeves illegally sold narcotics – including prescription painkillers, stimulants and sedatives, as well as methamphetamine – on the dark web marketplace that was known as Wall Street Market, a now-defunct online bazaar that was operated by three German nationals who currently face charges in the United States and in Germany.
Reeves – who was one of the top five vendors on Wall Street Market – sold narcotics to nearly 300 customers around the globe and offered to sell as much as a kilogram of methamphetamine. Reeves’ customers included undercover law enforcement officers, who made six purchases from Platinum45, including one transaction in which Reeves shipped two ounces of methamphetamine in exchange for $2,230 in virtual currency, a sale that forms the basis of the first charge he admitted.
The money laundering charge stems from Reeves accepting Bitcoin as payment and converting that cryptocurrency into fiat U.S. money.
“On September 20, 2018, law enforcement executed a search warrant at defendant’s residence. At his residence, [Reeves] possessed not only illegal controlled substances, such as methamphetamine and oxycodone (prescribed to defendant), but he also possessed 13 unserialized firearms, and 14 unserialized silencers, which are used to suppress the sound of a gunshot,” prosecutors wrote in a sentencing memorandum. “Defendant purchased the parts for these firearms online and manufactured these silencers and firearms. In addition to the drugs and firearms, defendant possessed extensive computing equipment, a Trezor hardware wallet (used for storing cryptocurrency), and gold and silver bars.”
This matter was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the United States Postal Inspection Service, and IRS – Criminal Investigation. The Irvine Police Department provided assistance.
The case against Reeves was prosecuted by Assistant United States Attorneys Ryan White, Chief of the Cyber and Intellectual Property Crimes Section, and Puneet Kakkar of the International Narcotics, Money Laundering, and Racketeering Section.
New Haven Man Who Sold Drugs Involved in 2 Overdose Deaths Sentenced to 7 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ALEX BORRERO, also known as “Red,” 51, of New Haven, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 84 months of imprisonment, followed by six years of supervised release, for distributing heroin and fentanyl.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on February 28, 2017, the Wallingford Police Department and emergency medical personnel responded to a report of an untimely death of a 25-year-old male at a residence in Wallingford. At the scene, officers seized drug and non-drug evidence, including the victim’s cellphone and six empty wax folds bags that contained a white powder residue.
The Connecticut Office of the Chief Medical Examiner determined that the victim’s death was caused by a combination of fentanyl and alprazolam (Xanax).
The investigation revealed that Borrero, who had been selling heroin and fentanyl in the New Haven area, was the source of the fentanyl involved in the overdose death of the victim. The investigation also revealed that another of Borrero’s drug customers, a 31-year-old male, died of an overdose in Branford on May 18, 2017.
Borrero was arrested on a federal criminal complaint on October 23, 2017. At the time of his arrest, he possessed approximately 30 grams of heroin and approximately $1,900 in cash.
On May 15, 2018, Borrero pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin and fentanyl.
Borrero, who is released on bond, is required to report to prison on August 14.
Borrero’s criminal history dates to 1988 and includes 11 felony convictions, including a federal conviction for conspiracy to possess with intent to distribute heroin. In 1998, he was sentenced in the U.S. District Court for the Middle District of Florida, in Orlando, to 188 months of imprisonment. He was released from federal prison in 2011.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Task Force and the Wallingford and Branford Police Departments.
This case was prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and Michael S. McGarry.
Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”Read the Press Release
The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults.
"The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all," Attorney General William P. Barr said. "We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child."
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program's inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders is available online.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
Nearly 1,700 Suspected Child Sex Predators Arrested During Operation “Broken Heart”Read the Press Release
KNOXVILLE, Tenn. – The Department of Justice today announced the arrest of almost 1,700 suspected online child sex offenders during a two-month, nationwide operation conducted by Internet Crimes Against Children (ICAC) task forces. The task forces identified 308 offenders who either produced child pornography or committed child sexual abuse, and 357 children who suffered recent, ongoing or historical sexual abuse or were exploited in the production of child pornography.
The 61 ICAC task forces, located in all 50 states and comprised of more than 4,500 federal, state, local and tribal law enforcement agencies, led the coordinated operation known as “Broken Heart” during the months of April and May 2019. During the course of the operation, the task forces investigated more than 18,500 complaints of technology-facilitated crimes targeting children and delivered more than 2,150 presentations on internet safety to over 201,000 youth and adults. This included a total of 36 arrests by the Tennessee ICAC Task Force, led by the Knoxville Police Department.
"The sexual abuse of children is repugnant, and it victimizes the most innocent and vulnerable of all," Attorney General William P. Barr said. "We must bring the full force of the law against sexual predators, and with the help of our Internet Crimes Against Children program, we will. Over the span of just two months, our ICAC task forces investigated more than 18,000 complaints of internet-related abuse and helped arrest 1,700 alleged abusers. I would like to thank our Office of Justice Programs, all of the task force members, and especially the state and local partners who helped us achieve these important results. We are committed to bringing the defendants in these cases to justice and protecting every American child."
“Sexual predators use the Internet and social media to find children to groom and entice for illicit sexual activity. Parents should be vigilant to protect their children from these would-be child molesters,” said J. Douglas Overbey, U.S. Attorney for the Eastern District of Tennessee. “Our office commends the excellent work of the Tennessee ICAC Task Force in their continued efforts to locate and arrest the perpetrators of these heinous crimes, and then work with our prosecutors to build cases for successful prosecutions.”
The operation targeted suspects who: (1) produce, distribute, receive and possess child pornography; (2) engage in online enticement of children for sexual purposes; (3) engage in the sex trafficking of children; and (4) travel across state lines or to foreign countries and sexually abuse children.
The ICAC Program is funded through the Department’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the Office of Justice Programs (OJP). In 1998, OJJDP launched the ICAC Task Force Program to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems or computer technology to exploit children. To date, ICAC task forces have reviewed more than 922,000 complaints of child exploitation, which have resulted in the arrest of more than 95,500 individuals. In addition, since the ICAC program's inception, more than 708,500 law enforcement officers, prosecutors and other professionals have been trained on techniques to investigate and prosecute ICAC-related cases.
For more information, visit the ICAC Task Force webpage. For state-level Operation Broken Heart results, please contact the appropriate state ICAC task force commander. Contact information for task force commanders is available online.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Matt M. Dummermuth, provides federal leadership, grants, training, technical assistance, and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal justice system. More information about OJP and its components can be found at www.ojp.gov.
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Morris County Woman Admits Conspiring with Iranian National to Illegally Export Aircraft Components to IranRead the Press Release
Iranian National Charged In Scheme to Evade U.S. Sanctions
NEWARK, N.J. – A Morris County, New Jersey, woman today admitted her role in a scheme to illegally smuggle millions of dollars’ worth of aircraft parts from the United States to Iran, U.S. Attorney Craig Carpenito announced.
Joyce Eliabachus, a/k/a “Joyce Marie Gundran Manangan,” 52, of Morristown, New Jersey, pleaded guilty before U.S. District Judge Madeline Cox Arleo to an information charging her with one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA) in connection with her role in an international procurement network that smuggled over $2 million worth of aircraft components to Iran.
In addition to the guilty plea, a complaint was unsealed today in New Jersey against Peyman Amiri Larijani, 33, a citizen and resident of Iran charging him with one count each of conspiracy to violate Iranian Transactions and Sanctions Regulations (ITSR), conspiracy to commit money laundering, and conspiracy to smuggle goods from the United States. Larijani was also charged in U.S. District Court for the District of Columbia in two separate indictments unsealed June 4, 2019.
The guilty plea by Eliabachus and the charges unsealed against Larijani follow a joint investigation by the U.S. Department of Homeland Security, Homeland Security Investigations, and the U.S. Department of Commerce, Office of Export Enforcement.
“Eliabachus and others allegedly ran an international smuggling ring that shipped $2 million in aircraft parts to multiple Iranian airlines, including a company that has provided financial, material, and technological support to the Islamic Revolutionary Guard Corps,” U.S. Attorney Carpenito said. “This arrest, which was made possible by a close collaboration between our office and our partners at Homeland Security Investigations and the Office of Export Enforcement, has snuffed out another source of funds and goods to overseas entities that may endanger our national and economic security.”
“Today’s action is the result of outstanding collaborative efforts by the Office of Export Enforcement, the Justice Department, and Homeland Security Investigations,” Special Agent in Charge Jonathan Carson of the Office of Export Enforcement said. “This arrest will cut-off a key supplier to a proliferation network which illegally sold U.S. origin items to Iran. Violations such as these jeopardize national security and undermine U.S. foreign policy. We will continue to vigorously pursue violators wherever they may be.”
“For over two years, Eliabachus illegally engaged in aircraft component sales to Iran, a nation listed by the United States as a state sponsor of terrorism,” Brian Michael, HSI Newark Special Agent in Charge, said. “This potentially endangered U.S. security, particularly as one of the Iranian companies sold to does business with the Iranian Revolutionary Guard, a military unit tied to terrorist acts around the world. As protectors of the homeland, HSI is proud to have worked with other government agencies to have exposed this dangerous network.”
According to documents filed in this case and statements made in court:
Eliabachus, Larijani and others were part of an international procurement network that surreptitiously acquired large quantities of aircraft components from United States-based manufacturers and vendors and unlawfully exported them to entities in Iran using freight-forwarding companies in the United Arab Emirates (UAE) and Turkey.
Eliabachus was the principal officer and operator of Edsun Equipments LLC, a purported New Jersey-based aviation parts trading company run out of her Morristown residence. Larijani was the owner of an Iran-based procurement firm and served as operations and sales manager of a network of supply and engineering companies in Tehran, Iran, and Istanbul, Turkey.
From May 2015 through October 2017, Eliabachus, Larijani, and their conspirators facilitated at least 49 shipments containing 23,554 license-controlled aircraft parts from the United States to Iran, all of which were exported without the required licenses.
Eliabachus conspired with Larijani, whose international network helped initiate the purchase of United States-origin aircraft components on behalf of Larijani’s clients in Iran. The network’s client list included Iranian airline companies, several of which have been officially designated by the United States as a threat to national security, foreign policy, or economic interests. One company, Mahan Air Co., has been subject to sanctions by the United States for providing financial, material and technological support to the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF), and allegedly ferrying arms and reinforcements to designated terrorist groups such as Hezbollah and Hamas.
Eliabachus used her company to finalize the purchase and acquisition of the requested components from the various United States-based distributors. She repackaged and shipped the components to shipping companies in the UAE and Turkey, where Larijani and other Iranian conspirators directed the components to locations in Iran.
In order to obscure the extent of the network’s procurement activities, Eliabachus routinely falsified the true destination and end-user of the aircraft components she acquired. She also falsified the true value of the components being exported in order to avoid filing export control forms, which further obscured the network’s illegal activities from law enforcement.
The funds for the illicit transactions were obtained from the Iranian purchasers, funneled through Turkish bank accounts held in the names of shell companies controlled by the Iranian conspirators. The money was ultimately transferred into one of Edsun Equipments’ accounts in the United States. The network’s creation and use of multiple bank accounts and shell companies abroad was intended to conceal the true sources of funds in Iran, as well as the identities of the Iranian entities who were receiving U.S. aircraft components.
The count of conspiracy to violate IEEPA, to which Eliabachus pleaded guilty, carries a maximum potential of five years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 24, 2019.
The counts against Larijani are punishable as follows: conspiracy to violate the ITSR carries a maximum penalty of 20 years in prison and a $1 million fine; conspiracy to commit money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine; conspiracy to smuggle goods carries a maximum penalty of five years in prison and a $250,000 fine. The charges against Larijani are only allegations, and he is presumed innocent unless and until proven guilty.
U.S. Attorney Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael in Newark, and the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, under the direction of Special Agent in Charge Jonathan Carson in New York, with the investigation.
The government is represented by Assistant U.S. Attorneys Dean C. Sovolos of the U.S. Attorney’s Office National Security Unit, and Sarah Devlin of the office’s Asset Recovery and Money Laundering Unit, with assistance from Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Defense counsel:
Eliabachus: John Yauch Esq., Assistant Federal Public Defender, NewarkMonroe County Man Sentenced to Six Years in Prison for Heroin and Cocaine TraffickingRead the Press Release
WILKES-BARRE - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Matthew Morales, age 25, of Pocono Summit, Monroe County, was sentenced June 6, 2019, by Senior U.S. District Court Judge A. Richard Caputo to six years’ imprisonment and four years on supervised release for his role in a Monroe County-based heroin and cocaine trafficking conspiracy.
According to United States Attorney David J. Freed, Morales previously pleaded guilty to conspiring with others to distribute between 10 and 40 grams of heroin (which is equivalent to 400 to 1600 individual doses of heroin), as well as between 28 and 112 grams of crack cocaine, in the Monroe County area between May and July 2015. Morales was one of eleven individuals indicted by a grand jury in July 2015 and charged with conspiring to distribute heroin, powder cocaine and crack cocaine in the Monroe County area.
The case was investigated by the Drug Enforcement Administration (DEA) and the Pocono Mountain Regional Police Department. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
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Mexican National Sentenced to More Than 22 Years in Federal Prison for Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Peter C. Fitzhugh, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Boston, and East Hartford Police Chief Scott M. Sansom announced that JOSE ANTONIO QUIROZ-MARTINEZ, 27, a citizen of Mexico last residing in East Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 270 months of imprisonment, followed by 10 years of supervised release, for enticing a minor to engage in sexual activity.
According to court documents and statements made in court, in April and May 2017, Quiroz-Martinez used a cell phone to send sexually explicit texts and pictures of himself to an 11-year-old girl, and enticed the minor victim to send him sexually explicit pictures of herself. Quiroz-Martinez also attempted to meet the minor victim to engage in sexual activity.
Analysis of Quiroz-Martinez’s cell phone also revealed more than 4,000 images of child pornography, including numerous images of toddlers or infants, images depicting sadistic or masochistic conduct and/or violence, and images of bestiality.
In sentencing Quiroz-Martinez, Judge Thompson also considered evidence that Quiroz-Martinez sexually assaulted a 13-year-old girl and a 17-year-old girl in 2015.
Quiroz-Martinez has been detained since his arrest on related state charges on May 4, 2017. On January 4, 2019, he pleaded guilty to using an interstate facility to entice a minor to engage in sexual activity.
Quiroz-Martinez faces immigration proceedings when he is released from prison.
This matter was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the East Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Mexican Man Sentenced for False Claim to United States CitizenshipRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez sentenced today Edgar Ramirez, 36, a citizen of Mexico, to the time he has served in custody since March 11, 2019, and one year of supervised release, for falsely claiming United States citizenship, United States Attorney Gretchen C.F. Shappert announced. Judge Gomez also ordered Ramirez to pay a special assessment of $100.
On March 11, 2019, Ramirez pleaded guilty to falsely claiming United States citizenship to U.S. Customs and Border Protection officers at the Cyril E. King Airport on St. Thomas, U.S. Virgin Islands. According to court documents, on December 20, 2018, Ramirez presented to officers a false Pennsylvania identification card in the name of Rodolfo Salinas. After questioning, Ramirez admitted that he was not a United States citizen but instead was born in Mexico and that he paid $2,000 to cross the border into the United States in 2001.
The case was investigated by Homeland Security Investigations. It was prosecuted by Assistant U.S. Attorney Kim L. Chisholm.
Mexican Citizen Sentenced to 63 Months for Helping Criminal Alien Enter United StatesRead the Press Release
ALBANY, NEW YORK – Maria Angelica Cruz Lancheros, also known as Coral Marisol Tovar-Flores, age 42, and a Mexican citizen living in Corona, New York, was sentenced today to 63 months in prison, to be followed by a 3-year period of supervised release, for aiding and assisting an illegal alien previously convicted of an aggravated felony to enter the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
On May 5, 2017, Cruz Lancheros travelled from New York City to Fort Covington, New York, with Jose Cardona Brito, in an attempt to help Jose Idarraga Lozano sneak into the United States from Canada. They were unsuccessful on May 5, and tried again the next day.
Cruz Lancheros and Cardona Brito met with and picked up Idarraga Lozano along the border near Fort Covington late on the night of May 6, 2017. As they were leaving the border area, they were stopped and arrested by Border Patrol Agents on New York State Route 11 near Burke, New York. Idarraga Lozano was inadmissible for entry into the United States, as he had been convicted of an aggravated felony, for drug trafficking, in the United States District Court for the District of New Jersey, in 2007, and removed to Colombia in 2009.
On May 9, 2019, Jose Cardona Brito, age 43, a citizen of Colombia residing in Jackson Heights, New York, was also convicted of helping an aggravated felon illegally enter the United States, and sentenced to time served (24 months in jail), followed by 1 year of supervised release. Jose Idarraga Lozano, age 34, of Colombia, pled guilty to the felony offense of illegal re-entry by an alien and was sentenced on March 28, 2018 to 16 months in prison, to be followed by 1 year of supervised release.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Fidel Herrera-Cruz, age 40, and a citizen of Mexico, was sentenced today to 5 months in jail for illegally re-entering the United States.
The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Chief Patrol Agent, United States Border Patrol, Swanton Sector.
Herrera-Cruz admitted that he is a citizen of Mexico, and that he was removed from the United States to Mexico on April 10, 2018 and again on October 28, 2018. On each occasion, Herrera-Cruz had been arrested by immigration authorities along the southwest border after he entered the United States without inspection from Mexico.
On February 24, 2019, Herrera-Cruz was arrested by a Border Patrol Agent as part of a group of five people who had illegally entered the United States from Canada by walking across the border approximately 4 miles east of the Fort Covington Port of Entry. A fingerprint check of Herrera-Cruz resulted in the discovery of the prior removals.
This case was investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Medical Device Maker ACell, Inc. Pleads Guilty and Will Pay $15 Million to Resolve Criminal Charges and Civil False Claims AllegationsRead the Press Release
Baltimore, Maryland – ACell, Inc. (ACell), a Maryland-based medical device manufacturer, pleaded guilty to charges relating to its MicroMatrix powder wound-dressing product (MicroMatrix). ACell entered a guilty plea before U.S. District Court Judge Ellen L. Hollander in the District of Maryland to one misdemeanor count of failure and refusal to report a medical device removal in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). In addition, ACell has agreed to settle allegations that it caused false claims to be submitted to federal health care programs for MicroMatrix, and to pay $15 million to resolve its criminal and civil liability arising from these matters.
The guilty plea and settlement were announced by United States Attorney for the District of Robert K. Hur; Assistant Attorney General Joseph H. Hunt of the Justice Department’s Civil Division; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; Special Agent in Charge Mark S. McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Robert E. Craig, Jr. of the Defense Criminal Investigative Service - Mid-Atlantic Field Office.
“When companies use contaminated materials to manufacture devices and fail to notify the FDA of recalls of their products due to concerns of patient safety, they undermine the integrity of the FDA recall process and may cause patients to receive devices that are not safe,” said U.S. Attorney for the District of Maryland Robert K. Hur. “This joint criminal and civil resolution holds ACell accountable for this violation while returning dollars back to the Medicare program for false claims.”
“Today’s settlement underscores the Department’s commitment to holding device manufacturers accountable for ensuring that their products are safe, which includes making timely notifications to the FDA when a product recall is required,” said Assistant Attorney General Joseph H. Hunt of the Department of Justice.
“Neglecting to provide vital medical device information to the FDA, medical professionals, and even the company’s own sales force, posed a significant threat to the lives of patients across the country,” said Maureen Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services region including Maryland. “Compounding that crime, the government contended the company paid thinly-veiled bribes to health providers and stuck taxpayers with inflated bills.”
As charged in a criminal information unsealed today, ACell removed MicroMatrix from its point of use to reduce a risk to health posed by the device, but failed to report the removal to the Food and Drug Administration (FDA). The United States alleges that in 2012, ACell clandestinely removed its MicroMatrix devices from sales representative inventories, hospitals, and other healthcare centers, due to a risk to patient health posed by endotoxin contamination of those devices. Endotoxin exposure on the human body can cause fever, infection, septic shock, and death.
Pursuant to a plea agreement, ACell admitted that it learned in January 2012 that more than 30,000 MicroMatrix devices were contaminated with endotoxin levels that posed a risk to patient health. Due to that health risk, ACell initiated a removal of certain sizes of MicroMatrix devices from the market. ACell admitted that it did not report the removal of these devices from the market to FDA. ACell also admitted that it concealed the reason for the product removal from doctors, hospitals, and the company’s own sales force, and did not notify doctors who had already used MicroMatrix devices from the lots subject to removal of the elevated endotoxin levels. Under the terms of the plea agreement, ACell agreed to pay a criminal fine of $3 million. ACell must also abide by an agreement with the Department of Justice requiring ACell to enact extensive compliance reforms.
Pursuant to the civil settlement under the False Claims Act, ACell will pay $12 million over five years to resolve its civil liability for causing false claims for MicroMatrix to be submitted to government health care programs. Specifically, the United States alleged that, beginning in 2011, ACell’s marketing of MicroMatrix, which is indicated for the treatment of topical wounds, was false and misleading because, at the direction of management, ACell sales representatives stated to physicians that the use of MicroMatrix powder non-topically and internally was safe and effective, when the sales representatives knew that no such clinical data existed. Additionally, the United States contended that, beginning in March 2012, ACell provided incorrect coding recommendations to healthcare providers for ACell devices and improperly inflated reimbursement from Medicare. ACell continued to provide this erroneous guidance even after two separate coding consultants advised ACell that it was incorrect. Finally, the United States alleged that ACell induced prescribers to order ACell products by providing improper inducements, including entertainment, payments for being part of ACell’s speaker program, and free products, designed to encourage orders from the recipients of those inducements.
Contemporaneous with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. Along with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. The five-year CIA requires, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks on an ongoing basis. In addition, the CIA enhances individual accountability by requiring sign-off certifications from the ACell Board of Directors and specified executives. The CIA requires training, auditing, and monitoring designed to address the range of activities (promotional and otherwise) at issue in the case.
The civil settlement resolves a lawsuit filed by John Murtaugh, a former employee of ACell, under the qui tam or whistleblower provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery. The qui tam suit was filed in the District of Maryland and is captioned United States ex rel. John Murtaugh v. ACell, Inc., Action No. ELH-13-1820 (D. Md.). Murtaugh will receive $2,366,004 of the civil settlement.
Except as to conduct admitted as part of the guilty plea, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
The government is represented in the criminal case by Assistant U.S. Attorney Roann Nichols of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Clint Narver and Ann Entwistle of the Civil Division’s Consumer Protection Branch, with assistance from FDA’s Office of Chief Counsel. The civil settlement was the result of the coordinated efforts of Assistant U.S. Attorney Thomas Corcoran of the U.S. Attorney’s Office for the District of Maryland and Senior Counsel Natalie Waites of the Civil Division’s Commercial Litigation Branch. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, the Federal Bureau of Investigation, and the Department of Defense Criminal Investigative Services.
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Medical Device Maker ACell Inc. Pleads Guilty and Will Pay $15 Million to Resolve Criminal Charges and Civil False Claims AllegationsRead the Press Release
ACell Inc. (ACell), a Maryland-based medical device manufacturer, pleaded guilty to charges relating to its MicroMatrix powder wound dressing product (MicroMatrix), the Department of Justice announced today. ACell entered a guilty plea before U.S. District Court Judge Ellen L. Hollander in the District of Maryland to one misdemeanor count of failure and refusal to report a medical device removal in violation of the Federal Food, Drug, and Cosmetic Act (FDCA). In addition, ACell has agreed to settle allegations that it caused false claims to be submitted to federal health care programs for MicroMatrix, and to pay $15 million to resolve its criminal and civil liability arising from these matters.
“Today’s settlement underscores the Department of Justice’s commitment to holding device manufacturers accountable for ensuring that their products are safe, which includes making timely notifications to the FDA when a product recall is required,” said Assistant Attorney General Jody Hunt of the Civil Division.
“When companies use contaminated materials to manufacture devices and fail to notify the FDA of recalls of their products due to concerns of patient safety, they undermine the integrity of the FDA recall process and may cause patients to receive devices that are not safe,” said U.S. Attorney for the District of Maryland Robert K. Hur. “This joint criminal and civil resolution holds ACell accountable for this violation while returning dollars back to the Medicare program for false claims.”
“The FDA will not tolerate the actions of companies that put patients at risk by failing to report the market withdrawal of their medical devices to the FDA,” said Acting FDA Commissioner Ned Sharpless, M.D. “By not notifying the FDA nor being forthcoming about their reasons for the product removal, ACell executives placed profit above patient safety. They risked that doctors would use the devices in procedures that could jeopardize patient health, and violated both the trust of patients and the medical community in their medical device. We will continue to investigate and bring to justice companies that do not follow FDA’s postmarket compliance requirements, which are important to ensure the protection of the public health.”
Along with the civil settlement, ACell entered into a Corporate Integrity Agreement (CIA) with the HHS-OIG. The five-year CIA requires, among other things, the implementation of a risk assessment and internal review process designed to identify and address evolving compliance risks on an ongoing basis. In addition, the CIA enhances individual accountability by requiring sign-off certifications from the ACell Board of Directors and specified executives. The CIA requires training, auditing, and monitoring designed to address the range of activities (promotional and otherwise) at issue in the case.
“Neglecting to provide vital medical device information to the FDA, medical professionals, and even the company’s own sales force, posed a significant threat to the lives of patients across the country,” said Maureen Dixon, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services region including Maryland. “Compounding that crime, the government contended the company paid thinly-veiled bribes to health providers and stuck taxpayers with inflated bills.”
As charged in a criminal information unsealed today, ACell removed MicroMatrix from its point of use to reduce a risk to health posed by the device, but failed to report the removal to the Food and Drug Administration (FDA). The United States alleges that in 2012, ACell clandestinely removed its MicroMatrix devices from sales representative inventories, hospitals, and other healthcare centers, due to a risk to patient health posed by endotoxin contamination of those devices. Endotoxin exposure on the human body can cause fever, infection, septic shock, and death.
Pursuant to a plea agreement, ACell admitted that it learned in January 2012 that more than 30,000 MicroMatrix devices were contaminated with endotoxin levels that posed a risk to patient health. Due to that health risk, ACell initiated a removal of certain sizes of MicroMatrix devices from the market. ACell admitted that it did not report the removal of these devices from the market to FDA. ACell also admitted that it concealed the reason for the product removal from doctors, hospitals, and the company’s own sales force, and did not notify doctors who had already used MicroMatrix devices from the lots subject to removal of the elevated endotoxin levels. Under the terms of the plea agreement, ACell agreed to pay a fine of $3,000,000. ACell must also abide by an agreement with the Department of Justice requiring ACell to enact extensive compliance reforms.
Pursuant to the civil settlement under the False Claims Act, ACell will pay $12 million over five years to resolve its civil liability for causing false claims for MicroMatrix to be submitted to government health care programs. Specifically, the United States alleged that, beginning in 2011, ACell’s marketing of MicroMatrix, which is indicated for the treatment of topical wounds, was false and misleading because, at the direction of management, ACell sales representatives stated to physicians that the use of MicroMatrix powder non-topically and internally was safe and effective, when the sales representatives knew that no such clinical data existed. Additionally, the United States contended that, beginning in March 2012, ACell provided coding recommendations to healthcare providers for ACell devices that were incorrect and improperly inflated reimbursement from Medicare. ACell continued to provide this erroneous guidance even after two separate coding consultants advised ACell that it was incorrect. Finally, the United States alleged that ACell induced prescribers to order ACell products by providing improper inducements, including entertainment, payments for being part of ACell’s speaker program, and free product, designed to encourage orders from the recipients of those inducements.
The civil settlement resolves a lawsuit filed by John Murtaugh, a former employee of ACell, under the qui tam or whistleblower provisions of the False Claims Act, which permit private individuals, known as relators, to sue on behalf of the government for false claims and to share in any recovery. The qui tam suit was filed in the District of Maryland and is captioned United States ex rel. John Murtaugh v. ACell, Inc., Action No. ELH-13-1820 (D. Md.). Murtaugh will receive $2,366,004 of the civil settlement.
The government is represented in the criminal case by Assistant U.S. Attorney Roann Nichols of the U.S. Attorney’s Office for the District of Maryland and Trial Attorneys Clint Narver and Ann Entwistle of the Civil Division’s Consumer Protection Branch, with assistance from FDA’s Office of Chief Counsel. The civil settlement was the result of the coordinated efforts of Assistant U.S. Attorney Thomas Corcoran of the U.S. Attorney’s Office for the District of Maryland and Senior Counsel Natalie Waites of the Civil Division’s Commercial Litigation Branch. The investigation was conducted by HHS-OIG, FDA’s Office of Criminal Investigations, the FBI, and the Department of Defense Criminal Investigative Services.
Except as to conduct admitted as part of the guilty plea, the claims resolved by the civil settlement are allegations only and there has been no determination of liability.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. To learn more about the U.S. Attorney’s Office for the District of Maryland, visit its website at https://www.justice.gov/usao-md. To learn more about the Fraud Section, visit its website at https://www.justice.gov/civil/fraud-section.
Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
OKLAHOMA CITY – JAYLYN MARQUICE BELL, 23, has pleaded guilty to sexually exploiting a minor, announced United States Attorney Timothy J. Downing.
On February 19, 2019, a federal grand jury returned a superseding indictment that charged Bell with using a minor female born in 2000 to engage in sexually explicit conduct for the purpose of producing an iPhone video. Bell was arrested at an Oklahoma City motel on November 16, 2018, and has been in the custody of the U.S. Marshals Service since January 2019.
Bell pleaded guilty earlier today, immediately before U.S. District Judge Charles B. Goodwin empaneled a jury for his trial. Bell admitted to recording himself engaging in sexually explicit conduct with a minor female.
At sentencing, Bell faces a mandatory minimum of 15 years in prison. The government has agreed in a plea agreement not to advocate for more than 20 years. He could also be required to serve three years of supervised release and fined up to $250,000. At sentencing, which will take place in approximately 90 days, the court will consider all of Bell’s relevant conduct under the United States Sentencing Guidelines.
This case is the result of an investigation by the FBI Oklahoma City Division, the Oklahoma City Police Department, and the Oklahoma Bureau of Narcotics & Dangerous Drugs. Assistant U.S. Attorneys K. McKenzie Anderson and Jacquelyn M. Hutzell are prosecuting the case.
This case is also part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice, 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.justice.gov/psc.
Reference is made to public filings for further information.
Man from Albuquerque Pleads Guilty to Drug Possession and Firearm ChargesRead the Press Release
ALBUQUERQUE – Omil Cotto, 33, of Albuquerque, N.M., pleaded guilty in federal court yesterday to charges of methamphetamine possession with the intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime.
The evidence acquired during the investigation shows that at approximately 2:39 p.m., on May 31, 2018, multiple 911 calls were received regarding a road rage incident that occurred near the intersection of Edith and Montano in Albuquerque, New Mexico. Law enforcement obtained surveillance footage from a nearby business that showed Cotto was involved in a collision with another vehicle. The video showed Cotto exit his yellow Chevrolet Camaro and fire multiple rounds from a gun towards the other vehicle as it drove northbound on Edith Boulevard.
The subsequent investigation of the shooting led officers to a home in southwest Albuquerque where Cotto was found. Cotto was taken into custody and a search warrant was obtained for the home. Inside the home, officers found a backpack that contained two bundles of methamphetamine and a handgun. A rifle was also found in the residence.
According to his plea agreement, Cotto admitted that he possessed approximately 877 grams of pure methamphetamine and a pistol in his car while driving in Bernalillo County on May 31, 2018. Cotto intended to distribute the methamphetamine in violation of federal law. Cotto possessed the firearm for protection from anyone who tried to steal his methamphetamine.
Cotto is currently in custody awaiting sentencing. He faces 15 years in prison under his plea agreement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case with the Drug Enforcement Administration and the Bernalillo County Sheriff’s Department. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Luzerne County Man Pleads Guilty to Distribution of Fentanyl Resulting in DeathRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania has announced that a Luzerne County man pleaded guilty on June 6, 2019, in United States District Court in Scranton, before United States District Court Judge James M. Munley, to drug distribution resulting in death.
According to United States Attorney David J. Freed, Michael F. Bogdon, age 26 of Kingston, Luzerne County, Pennsylvania, knowingly and intentionally distributed and possessed with intent to distribute a controlled substance, fentanyl, a Schedule II Controlled Substance, causing the death of another person.
The deadly distribution occurred on or about December 12, 2017 and resulted in the death of an 18-year old woman.
The charges stemmed from a joint investigation involving the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department. Prosecution is assigned to United States Attorney Michelle Olshefski.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines. In this case, the maximum penalty under the federal statute for drug distribution resulting in death is life imprisonment and $1,000,000 fine.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Little Rock ATF Recognized for Federal Gun InvestigationsRead the Press Release
LITTLE ROCK—An increase in federal gun prosecutions resulted in an award for the Little Rock Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Cody Hiland, United States Attorney for the Eastern District of Arkansas, recognized the Little Rock ATF office on June 4, 2019, for its efforts during an award presentation, at which time Hiland thanked the office for its assistance in prosecuting the largest increase in Project Safe Neighborhood (PSN) cases of any U.S. Attorney’s office in the nation.
ATF leaders including Acting Resident Agent in Charge Stephen Bridgmon, Acting Special Agent in Charge Kristen deTineo, and Assistant Special Agent in Charge Will McCrary were present to receive special recognition from the U.S. Attorney’s Office. According to a plaque presented at the ceremony, the Little Rock ATF Field Office was recognized “in appreciation for their outstanding assistance to the United States Attorney’s Office in the investigation and prosecution of the greatest increase of PSN cases for a district in fiscal year 2018.”
“ATF in Little Rock has done an outstanding job of making our communities safer,” stated U.S. Attorney Hiland. “Investigating and prosecuting felons with guns is a top priority, and we could not successfully remove these criminals from our streets without the historic, tireless work of the ATF agents who are willing to go the extra mile.”
In 2018, the U.S. Attorney’s Office for the Eastern District of Arkansas prosecuted 83% more cases than in 2017, the largest increase in the nation. Many of these new cases were gun cases prosecuted in partnership with the ATF. The U.S. Attorney’s Office opened 290 ATF cases, and 167 of those resulted in an indictment. Through May 2019, the U.S. Attorney’s Office has indicted 63 ATF cases. Because many cases include multiple defendants, a total of 83 defendants have been indicted as part of ATF prosecutions so far in 2019.
“ATF’s top priorities are to protect the public and remove violent criminals from our streets,” Acting Special Agent in Charge deTineo said. “Initiatives such as Project Safe Neighborhood demonstrate ATF and its federal, state and local law enforcement partners’ commitment to pursuing and bringing to justice those that seek to disrupt communities and harm law abiding citizens. Our agents and task force officers are well deserving of recognition for their dedication to this endeavor.”
Prosecutions resulting from ATF investigations are part of Project Safe Neighborhood, a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available on-line at
http://www.justice.gov/edarTwitter:
@EDARNEWSLRGP Member Pleads Guilty to Drug Conspiracy, Admits Murdering Man He Thought Was A Rival Gang MemberRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Johnson, 28, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to conspiracy to possess with intent to distribute, and distribute, 28 grams or more of crack cocaine. The charge carries a maximum penalty of 25 years behind bars and a $5,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that between late 2014 and May 2015, the defendant, along with several other members and associates of the L.R.G.P. Gang, sold and distributed crack cocaine in the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. Johnson also sold cocaine out of 41 Houghton Street in Buffalo to various drug customers, including an undercover police officer.
As part of his plea, the defendant admitted to killing Terrell Taylor on December 14, 2014, as he was walking in the area of Brinkman Avenue and Rohe Street in Buffalo. Johnson mistakenly believed that Taylor was a member of a rival gang, when in fact he was not.
The plea is the result of an investigation by the Federal Bureau of Investigation Streets Task Force, under the direction of Special Agent-in-Charge Gary Loeffert, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
Sentencing is scheduled for September 19, 2019, at 2:00 p.m. before Judge Geraci.
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Justice Department Settles Claim Against Florida Strawberry Farm for Discriminating Against U.S. WorkersRead the Press Release
The Department of Justice today announced that it has reached a settlement agreement with Sam Williamson Farms Inc. (SWF), a strawberry farm in Dover, Florida. The settlement resolves the Department’s investigation into whether SWF violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by preferring to hire H-2A visa holders to harvest its strawberry crop instead of U.S. workers. This is the seventh settlement under the Civil Rights Division’s Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of temporary visa workers.
The Department of Justice’s independent investigation concluded that at the end of the 2016-2017 strawberry picking season, SWF informed its existing U.S. workers that it would rely instead on H-2A workers from a farm labor contractor to harvest its strawberries for the next season, and retained a farm labor contractor for the express purpose of obtaining workers with H-2A visas. Ultimately, the strawberry picking positions were filled by more than 300 H-2A workers and no U.S. workers. Refusing to recruit or hire available and qualified U.S. workers because of their citizenship status violates the INA.
“While H-2A workers can provide employers with necessary labor when there are insufficient numbers of interested U.S. workers, employers cannot deter or overlook qualified and available U.S. workers based on their citizenship status. This agreement reflects the Civil Rights Division’s continued commitment to protecting U.S. workers from discrimination,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.
Under the settlement, SWF will pay $60,000 in civil penalties to the United States, pay up to $85,000 in back pay to eligible U.S. workers, and conduct enhanced U.S. worker recruitment and advertising for future positions. The settlement also requires SWF to train employees on the requirements of the INA’s anti-discrimination provision and be subject to departmental monitoring and reporting requirements.
Under the Protecting U.S. Workers Initiative, the Civil Rights Division has opened dozens of investigations, filed one lawsuit, and reached settlement agreements with seven employers. Since the Initiative’s inception, employers have agreed to pay or have distributed a combined total of more than $1.1 million in back pay to affected U.S. workers and civil penalties to the United States. The Division has also increased its collaboration with other federal agencies to combat discrimination and abuse by employers using temporary visa workers.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. Among other things, the statute prohibits discrimination based on citizenship status and national origin in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation.
More information on how employers can avoid citizenship status discrimination is available here. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee; or discrimination in the employment eligibility verification process (Form I-9 and E-Verify) based on their citizenship, immigration status, or national origin; or retaliation can file a charge or contact IER’s worker hotline for assistance.
Justice Department Files Sexual Harassment Lawsuit against Owner and Manager of Rental Properties in Spring ValleyRead the Press Release
NEWS RELEASE SUMMARY – June 11, 2019
SAN DIEGO – The Department of Justice today announced that it has filed a lawsuit alleging that Larry Nelson, owner and manager of residential housing in Spring Valley, violated the Fair Housing Act by subjecting female tenants of his properties to sexual harassment and retaliation.
The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Nelson engaged in sexual harassment and retaliation of female tenants from at least 2005 to the present, by, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants’ homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances.
“The Fair Housing Act prohibits sexual harassment and retaliation in housing,” said Assistant Attorney General Eric Dreiband. “Any landlord who sexually harasses his tenants or retaliates against them for refusing sexual advances, destroys their housing security and risks families’ ability to keep a roof over their heads. Anyone who engages in this kind of disgusting and illegal conduct should be on notice: the Department of Justice will be coming for you.”
“Let this be a wake-up call for abusive landlords,” said U.S. Attorney Robert Brewer. “Holding a key to someone’s property is not a license to exploit them for sex. The Department of Justice is going to make sure a tenant’s home is a place of safety, not suffering.”
In October 2017, the Department of Justice launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: A new joint Task Force with HUD to combat sexual harassment in housing, an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, and a public awareness campaign, including the release of a national Public Service Announcement. Since launching the initiative, the Department of Justice has filed 10 lawsuits alleging a pattern or practice of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, a civil penalty to vindicate the public interest, and a court order barring future discrimination and harassment. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Larry Nelson, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, at 1-800-896-7743, and select mailbox 9991 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Click here for complaint###
Justice Department Files Sexual Harassment Lawsuit Against Owner and Manager of Rental Properties in San Diego, California, AreaRead the Press Release
The Department of Justice today announced that it has filed a lawsuit alleging that Larry Nelson, owner and manager of residential housing in Spring Valley, California, violated the Fair Housing Act by subjecting female tenants of his properties to sexual harassment and retaliation.
The lawsuit, filed in the U.S. District Court for the Southern District of California, alleges that Nelson engaged in sexual harassment of and retaliation against female tenants from at least 2005 to the present, by, among other things, engaging in unwelcome sexual touching, offering to reduce monthly rental payments in exchange for sex, making unwelcome sexual comments and advances, making intrusive and unannounced visits to female tenants’ homes to further his sexual advances, and evicting or threatening to evict female tenants who objected or refused his sexual advances.
“The Fair Housing Act prohibits sexual harassment and retaliation in housing,” said Assistant Attorney General Eric Dreiband. “Any landlord who sexually harasses his tenants or retaliates against them for refusing sexual advances, destroys their housing security and risks families’ ability to keep a roof over their heads. Anyone who engages in this kind of disgusting and illegal conduct should be on notice: the Department of Justice will be coming for you.”
“Let this be a wake-up call for abusive landlords,” said U.S. Attorney Robert Brewer. “Holding a key to someone’s property is not a license to exploit them for sex. The Department of Justice is going to make sure a tenant’s home is a place of safety, not suffering.”
In October 2017, the Department of Justice launched an initiative to combat sexual harassment in housing. In April 2018, the Department announced the nationwide rollout of the initiative, including three major components: an outreach toolkit to leverage the Department’s nationwide network of U.S. Attorney’s Offices, a public awareness campaign, including the release of a national Public Service Announcement and a new joint Task Force with HUD to combat sexual harassment in housing. Since launching the initiative, the Department of Justice has filed ten lawsuits alleging a pattern or practice of sexual harassment in housing.
Today’s lawsuit seeks monetary damages to compensate the victims, a civil penalty to vindicate the public interest, and a court order barring future discrimination and harassment. The complaint contains allegations of unlawful conduct; the allegations must be proven in federal court.
The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals who believe that they may have been victims of sexual harassment or other types of housing discrimination at rental dwellings owned or managed by Larry Nelson, or who have other information that may be relevant to this case, can contact the Housing Discrimination Tip Line, at 1-800-896-7743, and select mailbox 9991 to leave a message.
Individuals can also report sexual harassment and other forms of housing discrimination by e-mailing the Justice Department at [email protected].
Jury Convicts KC Man of Illegal Firearm, Meth PossessionRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was convicted at trial today of illegally possessing a firearm and of possessing methamphetamine.
Clarence Brooks, 51, was found guilty of being a felon in possession of a firearm, possessing methamphetamine, and carrying a firearm during and in relation to a drug-trafficking offense.
Evidence introduced during the trial indicated that Brooks was in possession of 26.55 grams of methamphetamine and a loaded J.A. .380-caliber semi-automatic pistol on Feb. 3, 2017. On that date, Kansas City police officers pulled over a vehicle in which Brooks was a passenger after being notified that the vehicle had been stolen. When the vehicle stopped on the ramp from Prospect Avenue onto Interstate 70, officers ordered Brooks to get out of the vehicle and lie down on the ground. The driver of the vehicle then sped away; officers did not follow the vehicle.
As Brooks was being taken into custody, officers found the pistol in his right jacket pocket and a clear plastic baggie that contained methamphetamine in the left jacket pocket.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brooks has a prior state felony conviction for burglary and a prior federal felony conviction for conspiracy to possess with the intent to distribute 50 grams or more of cocaine, five kilograms or more of PCP, and one kilogram or more of marijuana. Following federal incarceration, Brooks violated the terms of his supervised release by possessing a firearm and was sentenced to two years in federal prison. He violated the terms of his supervised release again and was sentenced to another year and a day in federal prison.
Under federal statutes, Brooks is subject to a mandatory minimum sentence of five years in federal prison without parole, up to life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for approximately two hours before returning the guilty verdicts to U.S. District Judge Brian C. Wimes, ending a trial that began Monday, June 10, 2019.
This case is being prosecuted by Assistant U.S. Attorneys Jeffrey Q. McCarther and Matthew A. Blackwood. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Judge Sentences Pittsburgh Man to 10 Years in Federal Prison for Distributing Drugs that Caused a DeathRead the Press Release
PITTSBURGH, PA – Larry Malloy was sentenced to 10 years (120 months) in federal prison for distributing Schedule I and Schedule II controlled substances, including heroin and fentanyl, that led to the death of T.C. in April 2016, United States Attorney Scott W. Brady announced today.
Malloy, age 26 of Pittsburgh, was sentenced by United States District Judge Mark R. Hornak. Judge Hornak also ordered Malloy to serve three years of supervised release following his prison sentence. Malloy previously pled guilty and accepted responsibility for causing the fatal overdose death of T.C. in April 2016 and acknowledged being responsible for the distribution of at least 100 grams of heroin and at least four grams of fentanyl. As part of the sentence, Judge Hornak directed Malloy to pay $7,917.00 in restitution to T.C.’s family.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Allegheny County Police Department, the Verona Police Department, the Pennsylvania Attorney General’s Office, and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the conviction and sentence in this case.
Johnstown Felon Charged with Having a Firearm and Ammunition in Violation of Federal LawRead the Press Release
PITTSBURGH, PA - One resident of Johnstown, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Superseding Indictment named Sean Zachary Horton, age 29, of 301 Washington St., Johnstown, PA, as the sole defendant.
According to the Superseding Indictment, on June 7, 2018, Horton was in possession of a firearm and ammunition while having been previously convicted of felonies.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Special Assistant United States Attorney Chad R. Parks is prosecuting this case on behalf of the government.
The Pennsylvania State Police conducted the investigation leading to the Superseding Indictment in this case. This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A superseding indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Indictment Charges 14 Men with Trafficking Heroin, Cocaine and Fentanyl in New HavenRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, and Interim Police Chief Otoniel Reyes of the New Haven Police Department today announced that a grand jury in New Haven has returned a nine-count superseding indictment charging the following 14 individuals with heroin, cocaine and fentanyl trafficking offenses:
MALBIN RUBIERA-HERRERA, a.k.a. “Chaca,” 28, of New Haven
JUAN LANTIGUA-CID, a.k.a. “Manager,” 46, of Linden, New Jersey
EDUARDO RAMOS, 33, of Philadelphia, Pennsylvania
BRIAN ABREU, a.k.a. “Braga,” 26, of New Haven
WILLIAM CLAUDIO-SUAREZ, a.k.a. “Willy,” 33, of New Haven
PEDRO ORTA-RIVAS a.k.a. “Cuba” and “El Brujo,” 50, of East Haven
OSVALDO HODGE, a.k.a. “Mono,” 43, of New Haven
STEVEN SANTOS, 38, of Bridgeport
JOSE ANGEL SUAREZ, 36, of Veja Baja, Puerto Rico
MARIO LLANOS-AYALA, 44, of Deltona, Florida
ROBERTO ANTHONY TORRES, a.k.a. “Toni,” 52, of New Haven
MICHAEL MILLER, 38, of New Haven
TAKAI QUNTAY BELLAMY, 25, of New Haven
CHRISTIAN RIVERA-TORRES, a.k.a. “Pantera,” 40, of New HavenThe indictment stems from an investigation headed by the Drug Enforcement Administration New Haven Task Force and New Haven Police Department. As alleged in court documents and statements made in court, the investigation revealed that Malbin Rubiera-Herrera acquired heroin and cocaine from sources in Connecticut and New Jersey and distributed the drugs through a network of associates in the greater New Haven. Between October and December 2018, investigators made controlled purchases of heroin and cocaine from Rubiera-Herrera. Subsequent court-authorized wiretaps revealed a widespread narcotics trafficking conspiracy that involved the trafficking of kilogram-quantities of heroin into Connecticut.
On April 30, 2019, Rubiera-Herrera, Juan Lantigua-Cid, Eduardo Ramos and Brian Abreu were arrested on federal criminal complaints. On that date, a search of Rubiera-Herrera’s residence on Augustine Street revealed approximately 700 gross grams of fentanyl.
On May 8, 2019, the grand jury returned an indictment charging the four defendants arrested on April 30, as well as William Claudio-Suarez, Pedro Orta-Rivas and Osvaldo Hodge, who were subsequently arrested. The superseding indictment, which was returned on June 5, was unsealed yesterday after the arrests of Steven Santos, Roberto Anthony Torres and Takai Quantay Bellamy. Michael Miller and Christian Rivera-Torres are being transferred from state to federal custody today, and Llanos-Ayala is currently in state custody in New Jersey. Suarez is being sought by law enforcement.
All of the defendants are charged with conspiracy to distribute, and to possess with intent to distribute, heroin, cocaine and fentanyl. If convicted of this charge, based on their conduct and the quantity of controlled substances attributable to them as a result of their involvement in the conspiracy, Rubiera-Herrera, Lantigua-Cid, Ramos and Abreu face a minimum term of imprisonment of 10 years and a maximum term of imprisonment of life; Claudio-Suarez, Orta-Rivas, Santos, Suarez, Llanos-Ayala and Torres face a minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, and Hodge, Miller, Bellamy and Rivera-Torres face a maximum term of imprisonment of 20 years.
The indictment also charges Rubiera-Herrera, Abreu, Orta-Rivas and Hodge with one or more counts of possession with intent to distribute various narcotics.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the DEA New Haven Task Force and the New Haven Police Department, with the assistance of the Federal Bureau of Investigation, Department of Homeland Security, U.S. Marshals Service, Connecticut State Police, Connecticut Department of Correction, East Haven Police Department, Easton Police Department, Orange Police Department, and the Cape May County (N.J.) Prosecutor’s Office, Gangs, Guns and Narcotics Task Force.
The DEA New Haven Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck and Waterbury Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Jocelyn Courtney Kaoutzanis and S. Dave Vatti.
Indiana Man, Woman Indicted for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – An Indiana man and woman who were stopped on Interstate 44 en route to Chicago, Illinois, were indicted by a federal grand jury today for their roles in a conspiracy to distribute methamphetamine.
Steven Hook, 38, and Tallisha R. Malone, also known as Tallisha Washington, 39, were charged in a two-count indictment returned by a federal grand jury in Springfield, Missouri. Today’s indictment replaces a criminal complaint that was filed against Hook and Malone on June 3, 2019.
The federal indictment alleges that Hook and Malone participated in conspiracy to distribute 500 grams or more of methamphetamine in Greene County, Missouri, from May 31, 2019, to June 3, 2019. The indictment also charges Hook and Malone with possessing 500 grams or more of methamphetamine with the intent to distribute on June 3, 2019.
According to an affidavit filed in support of the original criminal complaint, Hook was driving a vehicle rented by Malone, a passenger, on eastbound Interstate 44 on June 3, 2019. A state trooper stopped the vehicle for speeding. When the trooper searched the vehicle, the affidavit says, he found three bundles of methamphetamine in a small luggage bag. The trooper also found two plastic bags with bedding inside; inside the bedding of both plastic bags were a total of 33 bundles of methamphetamine.
Malone told law enforcement officers she rented the vehicle in Los Angeles, California. She drove to Las Vegas, Nevada, where she met Hook. She allegedly was supposed to drive the vehicle to Chicago to drop the vehicle off to another person.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Drug Enforcement Administration and the Missouri State Highway Patrol.
Illegal Alien Who Used Another Person’s Social Security Number Sentenced to PrisonRead the Press Release
A man who used another person’s Social Security number to get a job was sentenced today to more than three months in federal prison.
Juan Gabriel Xiquita-Aju, age 30, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after an April 12, 2019, guilty plea to one count of misuse of a social security number.
At the guilty plea, Xiquita-Aju admitted that on July 12, 2016, he used someone else’s social security number on employment forms when applying for work in Independence, Iowa. He also used a fraudulent permanent resident card, also known as a “green card,” when he completed the employment forms. Xiquita-Aju first came to the attention of immigration officials in March 2017 after his arrest for operating while intoxicated in Allamakee County, Iowa.
Xiquita-Aju was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Xiquita-Aju was sentenced to 106 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Xiquita-Aju is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-2006. Follow us on Twitter @USAO_NDIA.
Honduran Man Sentenced to Prison for Illegally Reentering the United States After Three Prior DeportationsRead the Press Release
A man who illegally returned to the United States after being deported was sentenced today to 18 months in federal prison.
Jorge Matute-Banegas, age 28, a citizen of Honduras illegally present in the United States and residing in Belmond, Iowa, received the prison term after a February 6, 2019, guilty plea to one count of illegal reentry into the United States after having been convicted of an aggravated felony.
At the guilty plea, Matute-Banegas admitted he had previously been deported from the United States in June 2011, April 2013 and October 2014 and illegally reentered the United States without the permission of the United States government. Matute-Banegas was found by immigration agents in December 2018 after he was charged in Wright County, Iowa, with driving without a license.
Matute-Banegas has prior convictions in Pinal County, Arizona, in July 2012 for possession of marijuana for sale, an aggravated felony, and in the United States District Court for the Southern District of Texas in October 2014 for illegal reentry into the United States after having been convicted of an aggravated felony.
Matute-Banegas was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Matute-Banegas was sentenced to 18 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.
Matute-Banegas 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 Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-3002.
Follow us on Twitter @USAO_NDIA.
Golden City Man Indicted for Producing Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Golden City, Missouri, man was indicted by a federal grand jury today for producing child pornography.
Elliot Alden Nelson, 31, was charged in a two-count indictment returned by a federal grand jury in Springfield, Missouri.
Today’s indictment alleges that Nelson used a minor, identified in court documents as Jane Doe (born in 2004), to produce child pornography from April 11 to April 22, 2019. The indictment also charges Nelson with using the internet and a cell phone to attempt to entice the child victim to engage in criminal sexual activity.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cyber Crimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Georgia Podiatrist Sentenced to 36 months for his role in Kickback SchemeRead the Press Release
A Georgia podiatrist was sentenced for his participation in a kickback scheme where he prescribed medication that was ultimately paid for by a federal program that provides low cost medication to members of the U.S. Armed Forces.
Ariana Fajardo Orshan, U.S. for the Southern District of Florida, Cyndee Bruce, Special Agent in Charge, Department of Defense Criminal Investigative Service (DCIS), Southeast Field Office, Christopher Cave, Special Agent in Charge, U.S. States Postal Service, Office of Inspector General, Southern Area Field Office (USPS-OIG), Frank Robey, Commander, U.S. Army Criminal Investigation Command, Southeast Fraud Field Office, H. Peter Kuehl, Acting Special Agent in Charge, FDA Office of Criminal Investigations (FDA-OCI), Miami Field Office, and Thomas W. South, Deputy Assistant Inspector General for Investigations, U.S. Office of Personnel Management, Office of Inspector General (OPM-OIG), made the announcement.Dr. Alap Shah, 44, of Columbus, Georgia, was sentenced to 36 months in prison followed by three years of supervised release. Shah was also ordered to pay a $300 special assessment and restitution in the amount of $55,300. On January 8, 2019, after a week-long jury trial, Shah was convicted of one count of conspiracy to defraud the United States and receive health care kickbacks and two counts of receiving kickbacks. According to the evidence introduced at trial, the defendant was a podiatrist in Columbus, Georgia. In February 2014, Shah was approached by Paul Meek and Gary Small, the owners of PGRX, a marketing company that paid kickbacks to medical professionals in return for the referral of patients with prescriptions to their company for expensive compounded medications. PGRX would then refer these patients to Atlantic Pharmacy, a pharmacy that submitted claims to TRICARE, a health insurance program that provides low cost health insurance to members of the U.S. Armed Forces.
According to the evidence introduced at trial, during the course of the conspiracy, Shah received $55,300 in kickback payments for the referral of patients to PGRX. These referrals, in turn caused Atlantic Pharmacy to submit claims for medications that cost up to $4782.00 for a one- month supply. The evidence showed that PGRX and Shah signed phony Medical Director and speaker agreements in order to cover up the true nature of payments. Throughout the course of the conspiracy, Shah and his co-conspirators engaged in a series of email and text messages in which they discussed the need to recruit TRIACRE beneficiaries and prescribe them expensive compounded medications. Throughout the course of the conspiracy, the evidence demonstrated that Shah wrote prescriptions that caused TRICARE make payments to Atlantic Pharmacy in the approximate amount of $1,033,090.00.
“Dr. Shah chose to line his pockets rather than uphold the trust his patients placed in him,” said U.S. Attorney Ariana Fajardo Orshan. “The U.S. Attorney’s Office and our law enforcement partners will continue to work tirelessly to identify for prosecution individuals, including healthcare providers, who carry out kickback schemes against Tricare or other federal health care programs for their own personal financial benefit at a loss to the deserving beneficiaries.”
“Shah ignored his Hippocratic Oath when he decided to pursue personal profit over patient care,” said Cyndy Bruce, Special Agent in Charge of the Defense Criminal Investigative Service, Southeast Field Office. “DCIS and its law enforcement partners are fiercely committed to protecting America’s Warfighters and the integrity of TRICARE, the military health care program.”“The sentence obtained today has been the culmination of a thorough investigation completed by our agents revealing abuse by medical professionals of Federal benefits programs for personal gain,” said Special Agent in Charge Christopher Cave, of the U.S. Postal Service Office of Inspector General Southern Area Field Office. “The USPS-OIG, along with our law enforcement partners will continue to vigorously investigate these types of cases in order to deter and stop these fraud schemes.”
“Those who choose to attempt to defraud the U.S. healthcare system, undermine the entire system and those providers who obey the law,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “We hope that today's sentencing will deter others from this type of illegal scheme.”
“The FDA recognizes that compounded drugs can serve an important role for patients whose medical needs cannot be met by an FDA-approved drug product. But when doctors disregard the drug approval process for personal profit, they put their patients at risk,” said Acting Special Agent in Charge H. Peter Kuehl, FDA Office of Criminal Investigations Miami Field Office. “We will continue to investigate and bring to justice physicians who endanger the health of unsuspecting American consumers in this manner.”
“Dr. Shah not only violated the laws of the United States - he violated the trust placed in him by his patients,” said Thomas W. South, OPM’s Deputy Assistant Inspector General for Investigations. “Every patient deserves health care providers that meet the highest standards of ethical and professional behavior. Today’s sentencing reminds all providers that they must observe those standards, and reflects the commitment of the OPM-OIG to pursue improper and illegal conduct that puts the health and wellbeing of Federal employees, annuitants, and their families at risk.”
U.S. Attorney Fajardo Orshan thanked DCIS, USPS-OIG, U.S. Army Criminal Investigation Command, FDA-OCI, and OPM-OIG for their investigative efforts in this case.
The case was prosecuted by Assistant U.S. Attorneys Dan Bernstein and Jonathan Stratton.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Villanova University Campus Ministry Official Pleads Guilty to Child Pornography OffenseRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Timothy O’Connell, 52, of Drexel Hill, PA entered a plea of guilty before the Honorable Gerald J. Pappert on one count of receipt of child pornography.
On February 10, 2018, the defendant received images depicting the sexual abuse and exploitation of pre-pubescent children. The victims depicted in the child pornography included a two-year old child identified by the Federal Bureau of Investigation in another child abuse investigation. At the time he committed the crime, the defendant was employed as Associate Director of Campus Ministry at Villanova University. On January 3, 2019, the defendant was indicted for receipt of child pornography.
“Child exploitation is a pervasive problem that demands a sustained, aggressive response,” said U.S. Attorney McSwain. “The allegations in this case are particularly disturbing due to the defendant’s history as a spiritual leader in a position of community trust at Villanova. We stand ready with our federal and local partners to identify and prosecute those who would prey upon minor children.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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.
The case was investigated by the Federal Bureau of Investigation and the Villanova University Department of Public Safety, and is being prosecuted by Assistant United States Attorney Priya T. De Souza.
Former Toledo mail carrier sentenced to more than a year in prison for stealing parcels containing marijuana, as well as having a firearmRead the Press Release
A former U.S Postal carrier from Toledo was sentenced to more than a year in prison for stealing parcels containing drugs from the mail, as well as having a firearm.
Ramon Johnson, 27, was sentenced to 14 months in prison and fined $5,000. Johnson previously pleaded guilty to one count each of possession of a firearm in federal facilities, theft of mail by a postal employee and possession of controlled substances with intent to distribute.
Johnson removed two packages on September 19, 2018, that were intended to be delivered. He also possessed marijuana that day with the intention to distribute the marijuana. Johnson also possessed a Smith & Wesson .40-caliber pistol and ammunition at the U.S. Postal Service building at 435 South St. Clair Street in Toledo, according to court documents.
The case was investigated by the U.S Postal Service -- Office of Inspector General, U.S. Postal Inspection Service and the Toledo Metro Drug Task Force. The case is being handled by Assistant U.S. Attorneys Ashley A. Futrell and Alissa M. Sterling.
Former Tinto Dishwasher Sentenced to Nearly Four Years in Prison for Unemployment Fraud Scheme Targeting CoworkersRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Terron Mason Moore, 34, of Philadelphia, PA was sentenced to 45 months’ incarceration, three years supervised release and restitution of $171,895 by Judge Gerald J. Pappert. In February 2019, defendant pled guilty to seventeen counts of mail fraud, conversion of government funds, and aggravated identity theft in connection with his scheme to defraud the Pennsylvania Unemployment Compensation Fund of $171,895.
For over three years, the defendant operated a fraud and identity theft scheme, by stealing the personal identifiable information of approximately twenty-one individuals, including their social security numbers. He used this information to file fraudulent unemployment compensation claims for the purpose of unlawfully obtaining government funds which are reserved for the purpose of assisting working people who have lost their jobs.
The defendant chose targets known to him as they all worked at his same employer, the popular Philadelphia restaurant Tinto. Many of the victims were students or at the start of their careers, who have suffered financial harm due to defendant’s crimes. By taking advantage of his coworkers, the defendant funded a lifestyle which he otherwise would not have enjoyed including trips to Jamaica and Las Vegas.
“Instead of putting in an honest day’s work and being paid for those efforts, like his victims all did, the defendant resorted to fraud and theft,” said U.S. Attorney McSwain. “He stole from his peers – people who were working hard to build their lives in an honest manner, which have now been compromised, and who have suffered great emotional distress as they try to reconstruct their credit and good names. And ironically, he stole from the very same taxpayer funded program that assisted him when he previously filed his own unemployment claim to receive benefits after losing his restaurant job.”
“Terron Mason-Moore defrauded the Pennsylvania Department of Labor and Industry by misusing the stolen identities of his co-workers to obtain over $170,000 in unemployment compensation benefits to which he was not entitled. We will continue to work with our law enforcement partners and state workforce agencies to protect the integrity of unemployment insurance benefit programs,” stated Richard Deer, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
The case was investigated by U.S. Department of Labor, United States Postal Inspection – Office of Inspector General, Social Security Administration, and is being prosecuted by Special Assistant United States Attorney Megan Curran.
Former Navy Employee Pleads Guilty to Child Pornography Offenses with Multiple VictimsRead the Press Release
A former Navy employee who resided in Maryland before moving to Japan pleaded guilty today to the production, transportation and possession of child pornography.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Robert K. Hur of the District of Maryland and Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Field Office made the announcement.
Spencer E. Steckman, 35, formerly of Silver Spring, Maryland, was charged in March 2018 with one count of production of child pornography, one count of transportation of child pornography and one count of possession of child pornography. Steckman was detained by the Naval Criminal Investigative Service (NCIS) in Japan on March 27, 2018, and transported back to Maryland by the United States Marshals Service to appear in U.S. District Court. U.S. District Judge Paul W. Grimm for the District of Maryland scheduled sentencing for Nov. 7, 2019. Steckman has remained in custody since his initial detainment.
According to admissions made in connection with his plea agreement, between Aug. 17, 2017, and Sept. 22, 2017, while in Maryland, Steckman enticed a 13-year-old boy to take photographs of himself engaged in sexually explicit conduct and then send them to Steckman in exchange for money or PlayStation videogame redemption codes. Between Sept. 24, 2017, and Dec. 4, 2017, Steckman enticed another 13-year-old boy to take photographs and videos of himself engaged in sexually explicit conduct and then send them to Steckman in exchange for an iPhone. In mid-November 2017, Steckman moved to Japan to work with Commander Navy Region Japan, where he transported and possessed the child pornography.
Further investigation revealed eight other victims whom Steckman had enticed to produce child pornography, ranging in age from 12 to 17 years old, and dating back to the years 2008 to 2010, when Steckman was residing in San Diego, California.
The FBI’s Baltimore Field Office and the Maricopa County, Arizona, Sheriff’s Office are investigating the case, with substantial assistance from NCIS. Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Joseph Baldwin of the District of Maryland are prosecuting the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.justice.gov/psc.
Former Navy Employee Pleads Guilty to Child Pornography Offenses with Multiple VictimsRead the Press Release
Greenbelt, Maryland – Spencer Eugene Steckman, age 35, a Navy employee formerly of Silver Spring, Maryland, pleaded guilty today to the production, transportation, and possession of child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; and Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Field Office.
According to admissions made in connection with his plea agreement, between August 17, 2017, and September 22, 2017, while in Maryland, Steckman enticed a thirteen-year-old boy to take, and send to Steckman, photographs of the boy engaged in sexually explicit conduct, in exchange for money and PlayStation videogame redemption codes. Between September 24, 2017, and December 4, 2017, Steckman enticed another thirteen-year-old boy to take, and send to Steckman, photographs and videos of the boy engaged in sexually explicit conduct, in exchange for an iPhone. In mid-November 2017, Steckman moved to Japan for work, where he transported and possessed the child pornography.
Steckman was detained by the Naval Criminal Investigative Service (NCIS) in Japan on March 27, 2018, and transported back to Maryland by the United States Marshals Service to appear before the U.S. District Court for the District of Maryland. He has remained in custody since that time.
Further investigation revealed eight other victims whom Steckman had enticed to produce child pornography, ranging in age from twelve to seventeen years old, and dating back to 2008-2010, when Steckman was residing in San Diego, California.
As part of his plea agreement, Steckman will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Steckman and the government have agreed that, if the Court accepts the plea, Steckman will be sentenced to between 25 and 45 years in federal prison. U.S. District Court Judge Paul W. Grimm scheduled sentencing for November 7, 2019.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
United States Attorney Robert K. Hur commended the FBI, the NCIS, and the Maricopa County, Arizona, Sheriff’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Joseph Baldwin and Trial Attorney Jessica Urban of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), who are prosecuting the case.
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Former Bowling Coach Sentenced to Decades in Prison for Production of Child PornographyRead the Press Release
The former coach of a South King County bowling team was sentenced today in U.S. District Court in Seattle to 25 years in prison and lifetime supervised release for production and possession of child pornography, announced U.S. Attorney Brian T. Moran. TY LEE TREDDENBARGER, 54, of Burien, Washington, pleaded guilty in October 2018, admitting he photographed and saved images of his molestation of minor victims between the ages of 13 and 16. At the sentencing hearing U.S. District Judge John C. Coughenour said, TREDDENBARGER committed “a breach of trust as a coach,” and noted that the abuse lasted over a multi-year period.
“This defendant not only groomed the victims, he went to great lengths to convince the victim’s parents that he would take care of these children during out-of-state tournaments and overnight events,” said U.S. Attorney Brian T. Moran. “His horrific betrayal of trust, and using drugs to facilitate his sex abuse, is a parent’s worst nightmare. Instead of a trustworthy mentor these children were violated by a predatory monster.”
According to records filed in the case, in March 2017, a young victim disclosed the abuse to a parent. The Des Moines Police Department and King County Prosecutor’s Office requested assistance from Homeland Security Investigations. HSI and the Seattle Police Department executed court authorized search warrants at TREDDENBARGER’s residence, seizing electronic devices that contained images of the sexual abuse of children. Analysis of the electronic devices revealed more than 300 images and 12 videos of TREDDENBARGER sexually abusing the young victims – many while they were drugged and sleeping. In the search, police also seized a fake smoke detector, fitted with a secret camera, and a small bathroom toiletry bag that also contained a hidden camera. TREDDENBARGER told law enforcement he used these devices to secretly film bowling team members in hotel showers and bathrooms during trips to bowling tournaments.
From the images, law enforcement was able to identify two additional victims. Some of the victims in the images remain unknown. TREDDENBARGER was charged with three counts of production of child pornography -- one count for each of the victims -- and possession of child pornography.
“The years of abuse that the victims in this case suffered at the hands of this dangerous child predator are inexcusable,” said Brad Bench, special agent in charge of HSI Seattle. “I applaud the victims for their bravery, as well as all of the law enforcement professionals who helped make today’s sentencing possible. Thanks to their efforts, this dangerous criminal has been removed from our community and will no longer have access to our children.”
Following the sentence in federal court, TREDDENBARGER will be sentenced for child molestation in King County Superior court. As part of the plea agreement, the state sentence will run concurrent to the federal prison sentence.
The case was investigated by Homeland Security Investigations with assistance from the Des Moines Police Department and the Seattle Police Department.
The case is being prosecuted by Special Assistant United States Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
Former Assistant Track Coach Pleads Guilty to Possessing Child PornographyRead the Press Release
BOSTON – A former Wellesley High School assistant track coach, who is also a former Harvard University track coach, pleaded guilty yesterday in federal court in Boston to possession of child pornography.
Walter Johnson, 71, of Framingham, pleaded guilty to one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Sept. 10, 2019.
In January 2017, an investigation began into child pornography being traded by a Craigslist user. The investigation led to Johnson, a track coach at Wellesley High School and a former Harvard University track coach. During a search of Johnson’s home in Framingham, images and videos of child pornography were found on his computer and on a thumb drive hidden in his bedroom. He was arrested on scene and subsequently indicted by a federal grand jury.
The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistance was provided by the Internet Crimes Against Children (ICAC) task forces from Massachusetts and Rhode Island, and the Framingham Police Department. Assistant U.S. Attorney Anne Paruti, Lelling’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Florida Man Sentenced to Ten Years in Prison for Downloading Child Pornography from A Grocery Store Parking LotRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Robert Sciolino (51, Bradenton) to 10 years in federal prison for receipt and possession of child pornography. The court also ordered Sciolino to pay $57,000 in restitution to the victims and forfeit six electronic devices that he used in the commission of the offense.
Sciolino had pleaded guilty on March 22, 2019.
According to court documents, in June 2014, undercover detectives from New Zealand downloaded multiple files depicting child pornography from Sciolino’s residence. Law enforcement later executed a search warrant at Sciolino’s residence, and recovered two computers and two flash drives. A forensic analysis of the devices revealed 354 images and 619 videos of child pornography. Some of the images and videos depicted children as young as three years old being sexually abused.
Between December 2015 and January 2016, undercover FBI agents downloaded multiple files depicting child pornography from a user that was connecting to the internet via unsecured wireless routers, within a 10-mile radius in Sarasota County, Florida. On February 1, 2016, FBI agents, working alongside detectives from the Bradenton Police Department, tracked this user to a grocery store parking lot in Bradenton. At approximately 9:00 p.m., Sciolino was found at the parking lot while he was actively downloading child pornography from his car. A forensic analysis of the devices recovered from Sciolino’s car revealed 1,539 images and 81 videos of child pornography.
“This sentence is the embodiment of unremitting efforts of detectives and agents at the local, federal, and international level to prevent the exploitation and victimization of children,” said Special Agent Dan Ward, FBI Child Exploitation Task Force coordinator in Fort Myers.
This case was investigated by the Bradenton Police Department, the FBI, and the New Zealand Police Department. It was prosecuted by Assistant United States Attorneys Diego F. Novaes and Lisa M. Thelwell.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Florida Man Sentenced to Federal Prison in $28 Million Ponzi SchemeRead the Press Release
NASHVILLE, Tenn. – June 11, 2019 – Christopher B. Warren, 50, of Anthony, Florida was sentenced yesterday to nine years in federal prison for operating a multi-million dollar Ponzi scheme, announced U.S. Attorney Don Cochran for the Middle District of Tennessee. Warren was charged in a 12-count indictment in July 2018 and pleaded guilty to mail fraud and securities fraud in December 2018.
In sentencing Warren, U.S. District Judge Eli Richardson remarked that this was a “terrible crime with lies everywhere,” and that there was no excuse for this conduct. Judge Richardson also ordered Warren to pay $15,666,418.67 in restitution.
Warren was the founder and chief investment officer of Clean Energy Advisors (CEA), a company registered in Wyoming with offices in Nashville, Tennessee, Florida, and other locations. Beginning in November 2013 and continuing through September 2017, Warren devised and operated a scheme to defraud investors by offering investment opportunities in solar farm projects purportedly owned by CEA. To attract investors, Warren claimed that CEA owned working solar farms throughout the state of North Carolina and further claimed that Duke Power agreed to purchase the energy produced by CEA’s farms and that he would use the revenue to pay dividends to investors. Warren recruited 60 investors for its private investment funds: Utility Solar IV and Utility Income Fund and made numerous false misrepresentations, including that CEA owned several solar farms and made millions of dollars selling solar energy to utility companies, knowing at the time that CEA had no earnings, no profits, and had no contracts with any utility company. Warren also provided investors with a list of solar farms purportedly owned by CEA, many of which did not exist and others that were actually owned by other entities.
To hide the fraud, Warren created phone audited financial statements and made regular Ponzi payments to select investors. As the scheme was uncovered, Warren told investors he would repay the principal investments pending the imminent sale of the company to a foreign purchaser. In fact, no sale could have ever materialized.
During the course of the scheme, Warren raised approximately $28 million from investors, misappropriated a significant portion of those funds, including using almost $7 million for the personal benefit of himself and family members, and caused investors to lose more than $15 million.
Warren must report to the Bureau of Prisons by August 8, 2019. To begin serving his sentence.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney Stephanie N. Toussaint.
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Five Aliens Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging VICTOR HUGO ESPINOZA-HERNANDEZ, age 50, of Honduras, IRAEL PEREZ-LOPEZ, age 34, of Guatemala, VICTOR SANCHEZ-ISMERIO, age 38, of Mexico, MELECIO MORALES, age 33, of Mexico, and ARTURO ESPINOZA-PEREZ, age 30, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, ESPINOZA-HERNANDEZ, previously removed from the United States and found in Nash County, PEREZ-LOPEZ, who has been convicted of Driving Under the Influence, was previously deported two times, and was found in Brunswick County, and SANCHEZ-ISMERIO, who was previously removed from the United States, has been convicted of attempted Forcible Rape in the Second Degree, and was found in Brunswick County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
MORALES, previously deported three times and found in Sampson County, is alleged to have been previously removed subsequent to a felony conviction (conspiracy to manufacture marijuana). Therefore, if convicted, Morales would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry subsequent to an aggravated felony, ESPINOZA-PEREZ, previously removed from the United States subsequent to an aggravated felony conviction (statutory rape), and found in Wake County, would face maximum penalties of 20 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Fifteen Charged in Multi-State Cocaine, Heroin and Fentanyl ConspiracyRead the Press Release
St. Louis, MO – Fifteen individuals were indicted for conspiracy to distribute over 5 kilograms of cocaine, 1 kilogram of heroin and 400 grams of fentanyl from 2018 to the present.
Beginning prior to 2018, the conspiracy began transporting multi-pound loads of cocaine, heroin and fentanyl from Houston, Texas and Fort Lauderdale, Florida for distribution in the St. Louis area. The drugs were transported utilizing tractor-trailers and vehicles containing specially built concealed compartments. Upon arrival, the drugs were off-loaded at a residence in Spanish Lake, Missouri and then sold throughout the St. Louis area. The proceeds from the sales were compiled by the top St. Louis area distributors at various locations in St. Louis County and St. Louis City, loaded into the transport vehicles, and driven back to Houston, Texas and elsewhere for payment.
The Drug Enforcement Administration’s and the United States Attorney’s Office’s investigation began in March of 2018 and has resulted in the seizure of over 50 pounds of cocaine, over 25 pounds of heroin and fentanyl, and over $2,000,000.00 in drug proceeds.
“This 15 month long drug investigation by DEA agents and task force officers extended from the Southern U.S. border to north St. Louis City,” stated DEA St. Louis Division Special Agent in Charge Bill Callahan. “This drug trafficking organization was responsible for bringing cocaine, heroin, and fentanyl into north St. Louis City, and preyed upon our neighbors who suffer from the disease of addiction. The DEA and our state and local law enforcement partners work hard every day to interdict these dangerous drugs and hold drug traffickers accountable for the destruction they cause families and communities effected by drug addiction and drug violence.”
The following fifteen individuals were charged:
Guy R. Goolsby, 39, of St. Louis, Missouri,
Grant A. Berry, 41, of St. Louis, Missouri,
David M. Foston, 47, of St. Louis, Missouri,
Kennerson L. Gooden, 50 of Houston, Texas,
David M. Martinez, 47, of Fort Lauderdale, Florida,
Chivas Holmes, 42, of St. Louis Missouri,
Antonio T. Boyd, 52, of St. Louis, Missouri
Jonathan W. Jefferson, 57 of Houston, Texas,
Harold Arceneaux, 43, of Atlanta, Georgia,
Otis B. Dodd, 67, of Houston, Texas,
David Lee Trevino, 46, of San Antonio, Texas,
Carlos Macias, 40, of Fort Lauderdale, Florida,
Lina Katiuzca Macias, 43, of Fort Lauderdale, Florida,
Jorge A. Lopez-Duran, 41, of Fort Lauderdale, Florida,
Shannon L. Holmes, 52, of St. Louis, Missouri.
Charges set forth in the Indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
This case is being investigated by the St. Louis Division of the Drug Enforcement Administration with the assistance of the DEA’s Houston, Texas and Miami, Florida Divisions, the United States Marshal’s Service, the St. Louis Metropolitan Police Department, the St. Charles County Police Department, and the Phelps County Sherriff’s Office. Assistant United States Attorney John Mantovani of the Organized Crime and Drug Enforcement Task Force of the United States Attorney’s Office is handling the case.
Felon from Plain Dealing sentenced to 78 months in prison for possessing loaded shotgunRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that Johann Gary Barnes, 47, of Plain Dealing, Louisiana, was sentenced Monday to six and a half years in prison by Chief U.S. District Judge S. Maurice Hicks Jr. for being a felon in possession of a firearm.
A Benton police officer pulled over Barnes’ pickup truck on January 29, 2018. While the officer was speaking to Barnes and the passenger, he observed a small amount of marijuana in the center console of the pickup truck and a sawed-off shotgun at the foot of the driver’s seat. The shotgun was an Ithaca, model: 37 Featherlite, 12-gauge shotgun loaded with four rounds in the magazine tube and one in the chamber. Barnes pleaded guilty to the current federal charge on November 15, 2018.
Barnes was previously convicted on March 1, 2004 in Caddo Parish for possession with intent to distribute a Schedule I drug and was convicted on September 27, 2005 for possession of a firearm by a felon. Under federal law, convicted felons are not allowed to possess firearms or ammunition.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. Project Safe Neighborhoods is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The ATF and the Benton Police Department conducted the investigation. Assistant U.S. Attorney J. Aaron Crawford prosecuted the case.