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Thursday 2 May 2019
New Mexico Man Convicted in Amarillo Minor Sex CaseRead the Press Release
Following a three-day trial, a federal jury in Amarillo convicted a New Mexico man who kidnapped and assaulted a young girl from Texas, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Royce Wade Lander, 32, of Continental Divide, N.M., was convicted Wednesday evening of transportation of a minor with intent to engage in criminal sexual activity.
According to testimony presented at trial, Mr. Lander picked up his minor victim at a truck stop near Amarillo. He drove her hundreds of miles along I-40 into New Mexico, where he sexually assaulted her until she was able to escape.
Mr. Lander now faces a sentence of up to life in federal prison.
The Federal Bureau of Investigation and the Potter County Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Sean Taylor, Anna Marie Bell, and Josh Frausto prosecuted the case.
New Britain Man Sentenced to Federal Prison for Drug and Firearm OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that CALVIN VAUGHN, also known as “Squeaks,” 35, of New Britain was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 34 months of imprisonment, followed by five years of supervised release, for drug trafficking and firearm possession offenses.
This matter stems from a joint investigation headed by the DEA New Haven Task Force into a central Connecticut cocaine and crack cocaine trafficking ring. The investigation, which included the use of court-authorized wiretaps, controlled purchases of crack cocaine and seizures of cocaine and cash proceeds, revealed that Westley Northrup, also known as “Piff,” operated a cocaine and crack cocaine trafficking ring while he was incarcerated in state custody at the Cheshire Correctional Institution. Northrup conspired with Carlos Roman, also known as “Frizz,” of Middletown, to purchase cocaine from suppliers, including Omar Rivera of New Britain, convert some of the cocaine to crack cocaine, and then distribute crack and cocaine through a network of dealers, including Vaughn.
Vaughn and others involved in this narcotics trafficking conspiracy were arrested on July 26, 2017. On that date, investigators executed multiple search warrants and seized approximately seven kilograms of cocaine, several pounds of marijuana, four firearms, and nearly $100,000 in cash. One of the firearms was found in the bathroom of Vaughn’s New Britain residence.
Vaughn’s criminal history includes felony convictions for narcotics and weapon offenses.
Vaughn has been detained since his arrest. On June 20, 2018, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base (“crack”), and one count of possession of a firearm by a previously convicted felon.
Northrup, Roman and Rivera pleaded guilty to related charges. On April 12, 2018, Roman was sentenced to 120 months of imprisonment. Northrup and Rivera await sentencing.
This matter has been investigated by the DEA New Haven Task Force, U.S. Postal Inspection Service and the Middletown and New Britain Police Departments. The DEA New Haven Task Force includes participants from the U.S. Marshals Service, the Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby and Middletown Police Departments.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
New Britain Man Sentenced to 3 Years in Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that MICHAEL RIVERA, 25, of New Britain, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 36 months of imprisonment, followed by five years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, Rivera’s brother, Luis “Gordo” Cirino, coordinated the shipment of multi-kilogram quantities of cocaine through the U.S. Mail from Puerto Rico to various locations in Connecticut. Cirino, Rivera and others then distributed the drug in central Connecticut, and also in northeastern Pennsylvania. Investigators seized approximately 13 kilograms of cocaine during the investigation.
On October 18, 2017, a grand jury in New Haven returned an indictment charging Cirino, Rivera and six associates with cocaine trafficking offenses.
Rivera was arrested on October 25, 2017. On January 25, 2019, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, cocaine.
Cirino also pleaded guilty and, on April 29, 2019, was sentenced to 135 months of imprisonment.
This matter has been investigated by the DEA New Haven Task Force, U.S. Postal Inspection Service and the Middletown and New Britain Police Departments. 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.
The case is being prosecuted by Assistant U.S. Attorney H. Gordon Hall.
Mississippi Couple Plead Guilty to Receiving $1.7 Million in Health Care Kickback SchemeRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that a Mississippi couple, KIMBERLY HOMRIGHAUSEN, age 42, and RICHARD HOMRIGHAUSEN, age 36, pleaded guilty on May 2, 2019, to conspiracy to pay and receive kickbacks related to compounded medications paid for by TRICARE, a federally funded health care benefit program that serves United States military personnel and their families.
The defendants admitted to paying kickbacks to TRICARE beneficiaries to induce them to obtain compounded medications, costing TRICARE a total of approximately $9 million. The defendants received a total of about $1.7 million in kickbacks for referring the beneficiaries.
At sentencing, which is set for August 8, 2019, each defendant faces up to five years’ imprisonment.
U.S. Attorney Strasser praised the work of the Defense Criminal Investigative Service, the Department of Homeland Security - Homeland Security Investigations, the Federal Bureau of Investigation, the United States Postal Service - Office of Inspector General, and the Department of Veterans Affairs - Office of Inspector General in investigating this matter. Assistant United States Attorney Chandra Menon is in charge of the prosecution.
Mexican National Apprehended at the Rohlsen Airport, St. Croix Sentenced for Reentry of Removed AlienRead the Press Release
St. Croix, USVI – Manuel Alberto Fuentes-Acosta, 46, a citizen of Mexico, was sentenced Thursday for reentry of removed alien, United States Attorney Gretchen C.F. Shappert announced.
Visiting Judge Anne E. Thompson sentenced Fuentes-Acosta to time served and a $100 special assessment. Defendant had been detained from November 2018.
Fuentes-Acosta pled guilty February 4, 2019. According to the plea agreement filed in court on November 9, 2018, while seeking to board the American Airline flight, the defendant presented himself to CBP primary inspection at the Rohlsen Airport on St. Croix. The defendant advised the primary officer that he was illegally in the United States. He was referred to secondary inspection where he repeated to the secondary officer that he was in the United States illegally and did not have a visa. The defendant was arrested and told Homeland Security agents that he entered the United States in 1996 illegally and was deported in 2017 from Laredo, TX. The defendant stated that he remained in Mexico and subsequently returned to the United States without inspection. He further stated he paid a smuggler $2,000 to $3,000 to transport him into the United States by crossing the river from Mexico to Del Rio, TX in April 2018.
The investigation revealed the defendant was deported on June 1, 2017 from Laredo, TX to Nuevo Laredo, Mexico and that he did not obtain consent from the Attorney General to re-enter the United States.
Mexican Citizen Indicted for Illegal Reentry after Five Previous DeportationsRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Juan Manuel Bedolla-Lopez, 33, of Toughkenamon, PA, was charged today by indictment with illegal reentry after deportation.
The indictment alleges that Bedolla-Lopez, an illegal alien, and native and citizen of Mexico, was previously deported from the United States on or about December 20, 2010, May 6, 2011, May 12, 2011, May 25, 2011, and March 19, 2012. Following the latest of his five deportations, Bedolla-Lopez allegedly reentered the United States illegally. If convicted of this current illegal reentry offense, the defendant faces a maximum possible sentence of two years’ imprisonment.
“The United States of America is a nation of laws, including laws about how people can enter the country,” said U.S. Attorney McSwain. “This man has allegedly been removed from the United States five times, and yet he continues to reenter illegally and defy our laws. This blatant flouting of our nation’s immigration laws will not be tolerated.”
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Special Assistant United States Attorney Mark T. Sendek.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Mexican Citizen Arrested on Child Pornography ChargesRead the Press Release
McALLEN, Texas – A 27-year-old man residing in Donna has been taken into custody on charges of receipt of child pornography, announced U.S. Attorney Ryan K. Patrick.
Law enforcement arrested Angel DeJesus Torres at his residence last night. He is expected to make his initial appearance before U.S. Magistrate Judge Scott Hacker at 10:30 a.m. today.
The complaint alleges Torres downloaded, received and possessed hundreds of images and videos of child pornography on electronic devices.
Authorities conducted on investigation to identify persons using peer-to-peer software on the internet to traffic in child pornography and ultimately located a computer, allegedly linked to Torres. They conducted a search at his residence and seized two cell phones, according to the charges.
The complaint alleges law enforcement discovered multiple image and video files of child pornography on at least one of those devices.
The allegations indicate he had been engaged in similar behavior for many years.
If convicted, Torres faces up to five years in federal prison and a possible fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation as part of the Rio Grande Valley Child Exploitation Investigations Task Force.
Assistant U.S. Attorneys Steven Belt and Andrew Henning are prosecuting the case, which 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.McClain Man Sentenced to over Six Years for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss. – Myles Leandre Moody, 31, of McClain, Mississippi, was sentenced today by U.S. District Judge Louis Guirola, Jr. to 78 months in federal prison, followed by five years of supervised release, for possessing with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with the Federal Bureau of Investigation. Moody was also ordered to pay a $5,000 fine.
Moody pled guilty on January 31, 2019, to one count of possession with intent to distribute methamphetamine. On May 25, 2017, and on June 13, 2017, Moody sold approximately an ounce of methamphetamine to a confidential source. He was also held accountable for an additional four ounces of methamphetamine.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John Meynardie.
Maryland Man Sentenced to 41 Months in Prison for Bank RobberiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on April 30, 2019, United States District Court Judge Yvette Kane sentenced Jacob Charles LaFrance, age 29, of Thurmont, Maryland, to 41 months’ imprisonment followed by three years of supervised release. LaFrance was also ordered to pay $6,114 in restitution.
According to United States Attorney David J. Freed, LaFrance committed the armed robberies of the following banks:
- PNC Bank in Fairfield, Adams County, on April 25, 2018, stole $4,266; and
- M&T Bank in Blue Ridge Summit, Franklin County, on May 3, 2018, stole $1,848.
The case was investigated by the Federal Bureau of Investigation with the assistance of the Frederick County (MD) Sheriff’s Office, the Carroll Valley Borough Police, and the Washington Township Police Department. Assistant United States Attorney James T. Clancy prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Manhattan Doctor Pleads Guilty to Illegally Distributing Oxycodone and Other DrugsRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced that JOSEPH OLIVIERI, a physician who practiced in Manhattan, pled guilty today before U.S. District Judge Paul A. Crotty to participating in a conspiracy to illegally distribute oxycodone and other controlled substances. OLIVIERI’s co-defendant MATTHEW BRADY pled guilty on April 30, 2019, to his role in the conspiracy.
U.S. Attorney Geoffrey S. Berman said: “As he admitted today, Joseph Olivieri violated his oath to practice medicine for the sole purpose of improving his patients’ health and instead hid behind his medical license to sell addictive, dangerous narcotics. He put his peoples’ lives at risk to line his own pockets. He now faces time in prison for his crimes.”
According to the allegations in the Superseding Indictment, other court filings, and statements made during court proceedings:
OLIVIERI, a physician who practiced in New York, New York, participated in a five-year-long scheme to divert oxycodone and other controlled substances for illicit use. OLIVIERI was one of the top 15 prescribers of opioids in New York State during much of the diversion scheme. He prescribed over 250,000 pills of controlled substances, including highly addictive opioids such as oxycodone, oxymorphone, and morphine sulfate, to individuals he knew did not have a legitimate medical need for them. OLIVIERI was paid in cash for these prescriptions, often by other individuals, including co-defendant MATTHEW BRADY, who arranged with OLIVIERI for individuals posing as “patients” to obtain the prescriptions from OLIVIERI, and then collected the pills for their unlawful re-sale. Financial records show that OLIVIERI deposited more than $1 million in cash into his bank accounts during the scheme.
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OLIVIERI, 72, of Scranton, Pennsylvania, pled guilty to one count of conspiracy to distribute controlled substances outside the scope of professional practice and not for a legitimate medical purpose, which carries a maximum sentence of 20 years in prison. OLIVIERI is scheduled to be sentenced by Judge Crotty on August 5, 2019, at 11:00 a.m.
BRADY, 34, of Staten Island, New York, pled guilty on April 30, 2019, also before Judge Crotty, to one count of conspiracy to unlawfully distribute controlled substances, which carries a maximum sentence of 20 years in prison. BRADY is scheduled to be sentenced by Judge Crotty on July 30, 2019, at 11:30 a.m.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the defendants’ sentences will be determined by Judge Crotty.
Mr. Berman praised the outstanding investigative work of the New York City Police Department, United States Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, and the Office of Inspector General of the United States Department of Health and Human Services.
The case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Tara La Morte, Robert B. Sobelman, and Daniel C. Richenthal are in charge of the prosecution.
Manchester Man Pleads Guilty to Felon in Possession of A FirearmRead the Press Release
CONCORD - Joshua Hooper, 36, of Manchester, pleaded guilty in federal court to felon in possession of a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, law enforcement officers obtained information that Hooper was selling firearms. At the time, Hooper was prohibited from possessing any firearms or ammunition as a result of at least one prior felony conviction. On July 15, 2017, Hooper possessed a Noveski Rifleworks, Model N4, lower receiver, and sold that firearm to another individual. On March 23, 2018, law enforcement officers obtained a search warrant for Hooper’s residence. While executing the search warrant, officers recovered a large quantity of ammunition and other firearm accessories.
Hooper is scheduled to be sentenced on July 22nd 2019.
“Federal law is designed to keep firearms out of the hands of criminals,” said U.S. Attorney Murray. “Armed felons are a threat to public safety. Through Project Safe Neighborhoods, we work closely with our law enforcement partners to identify and prosecute criminals who illegally possess guns.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Manchester Police Department. The case is being prosecuted by Assistant U.S. Attorney Anna Krasinski. The case was previously prosecuted by Assistant U.S. Attorney Shane Kelbley.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Sentenced to Prison for Williamsburg Bombing PlotRead the Press Release
NEWPORT NEWS, Va. – A Gloucester County man was sentenced today to 10 years in prison for possession of unregistered explosive devices and making a false material statement to federal agents.
“Thanks to the professionalism, bravery, and collaboration of federal, state, and local law enforcement, Powers was brought to justice and will now pay the price for his cowardly criminal acts,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Thankfully, he will now be in a place where his apparent desire to hurt innocent individuals will be nearly impossible.”
According to witness testimony and court documents, Stephen Powers, 31, was a maintenance employee of Colonial Williamsburg. While in that role he began to work on what would ultimately be the creation of four explosive devices or pipe bombs. In October 2017, Powers took one of the explosive devices to an area in the commercial area of Colonial Williamsburg. The area was particularly busy given the Homecoming events associated with the College of William and Mary. Powers connected one of these devices to an outlet. The outlet was programed to receive electrical current at 5:00pm each evening so that decorative lights would activate in the shopping area. When the outlet activated, the explosive device ignited and exploded. This explosion sent large fragments of metal in several directions, landing as far away as 200 feet. The force of the explosion was sufficient to cause significant injury or death if any individuals had been struck by the fragments.
“We should all feel extremely fortunate this individual’s recklessness and brazen indifference for human life did not result in someone being killed or seriously injured,” said Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division. So long as there are criminals out there whose aim is to disrupt the peace in our communities, ATF will continue to advance its mission to combat violent crime. I am proud of the outstanding investigative work done by the ATF Norfolk Office and those investigators with the Williamsburg Police Department, the Virginia State Bomb Squad and the FBI, who quickly identified and brought this individual to justice.”
When Powers was identified as a suspect and interviewed by Special Agents from ATF and FBI, Powers made multiple false material statements, including claims of military service and that his credit card, which was used to purchase bomb components had been stolen from him.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorneys Eric M. Hurt and Robert E. Bradenham prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-37.
Lori Isenberg Sentenced in Wire Fraud and Federal Program Theft Case Involving over $570,000Read the Press Release
Coeur d’Alene – Laurecene (Lori) Barnes Isenberg, 65, of Coeur d’Alene, was sentenced on April 30, 2019 to 60 months in prison for wire fraud and theft from a federal program, U.S. Attorney Bart M. Davis announced.
Senior U.S. District Judge Edward J. Lodge sentenced Isenberg to 60 months in federal prison and ordered Isenberg to pay $579,495.75 in restitution as well as a $20,000 fine. After her prison term is up Isenberg will serve three years on supervised release during which time she will report to a federal probation officer.
During Isenberg’s sentencing, victim impact statements were made by the North Idaho Housing Coalition President and the Idaho Housing and Finance Association Program Manager. Both outlined how Isenberg’s theft from the nonprofit prohibited the nonprofit Coalition from helping low income families find affordable housing. Additionally it was noted that nonprofits are overseen by a volunteer board who rely on honest employees to fulfill the mission of the organization. They explained how sophisticated Isenberg’s scheme was.
According to court records, Isenberg admitted to stealing $579,495.75 from the North Idaho Housing Coalition which was funded in part with grants from the U.S. Department of Housing and Urban Development administered through the Idaho Housing and Finance Association. Isenberg was the executive director when she engaged in a scheme to submit false invoices and expenses for payment. These invoices were often submitted in the names of companies she set up in her daughter’s names.
On May 1, 2019, Isenberg’s remaining two daughters, Tracy Tesch, 34, of Rathdrum, Idaho and April Barnes, 42, of Coeur d’Alene, were sentenced by Judge Lodge for conspiracy to commit program theft. Tesch was sentenced to three years’ probation and ordered to pay $15,356.75 in restitution. Barnes was sentenced to one month of home detention, three years’ probation, and ordered to pay $11,585.92 in restitution. Judge Lodge also ordered both to complete 100 hours of community service.
In total, four of Isenberg’s daughters pled guilty to conspiracy to commit program theft in connection with Isenberg’s offense. Collectively, the four daughters were ordered to pay over $58,000 in restitution.
Judge Lodge noted “Isenberg’s crime affected many needy people”.
The case was investigated by the Federal Bureau of Investigation and the Coeur d’Alene City Police Department.
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Lawrenceburg Man Indicted for Online Threats, False Statements, and Illegal Possession of FirearmRead the Press Release
LEXINGTON, Ky. – A Lawrenceburg, Ky., man was indicted today for threatening a school shooting, making threats to and intimidating other individuals over social media, illegally possessing a firearm in furtherance of those threats, and related crimes.
A federal grand jury in Lexington returned an indictment charging 21-year-old Dylan Lee Jarrell with three counts of threatening interstate communications, two counts of cyberstalking, one count of false statements, and one count of possession of a firearm in furtherance of a crime of violence.
The indictment alleges that Jarrell used the internet site Reddit, in May 2018, to post a statement that was interpreted as a threat to attack a school and injure its occupants, and that he then lied to an FBI agent to conceal his activities. According to the indictment, in July and September 2018, Jarrell also used Instagram to make a series of threatening and harassing statements to an individual identified as D.B. Finally, in October 2018, Jarrell used Facebook to harass and intimidate an individual identified as K.B. The indictment alleges that Jarrell obtained and possessed an AR-15 rifle in furtherance of his threats to the school and to D.B.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; James Robert Brown, Jr., Special Agent in Charge, Federal Bureau of Investigation; and Richard W. Sanders, Commissioner, Kentucky State Police jointly announced the indictment.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Kentucky State Police. The indictment was presented to the grand jury by Assistant U.S. Attorney Andrew T. Boone.
A date for Jarrell to appear in court has not yet been scheduled. He faces up to five years in prison for each threatening interstate communication count, up to five years in prison for each cyberstalking count, up to eight years in prison for the false statements count, and not less than five years in prison for the firearms possession count. Each count carries a maximum fine of $250,000. However, any sentence following a conviction would be imposed by the Court after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
Las Vegas Man Convicted of First Degree Murder in Connection with Drug Deal Gone BadRead the Press Release
LAS VEGAS, Nev. – A federal jury convicted a Las Vegas man Tuesday of drug and firearm crimes that resulted in the death of a man during a drug deal in November 2013, announced U.S. Attorney Nicholas A. Trutanich for the District of Nevada.
After a seven-day trial, Louis Matthews, 37, was found guilty of conspiracy to possess marijuana with intent to distribute and using a firearm during and in relation to a drug trafficking crime resulting in death. United States District Judge Andrew P. Gordon presided over the trial and set a sentencing date for August 1, 2019.
The evidence at trial showed that Matthews and his co-defendant John Thomas, met in a North Las Vegas apartment in November 2013, to buy 20 pounds of marijuana from three suppliers: Angel Juarez, Julio Nunez, and Luciano Madrigal-Herrera. During the deal, Matthews and Thomas drew handguns and shot Madrigal-Herrera seven times in the chest, killing him, and robbing him of the marijuana. As Matthews and Thomas made their getaways, Nunez chased after them with a shotgun, shooting Thomas in the back shoulder, wounding him, and causing the two to drop the marijuana they stole. All four men fled the scene with no arrests.
The ensuing police investigation, however, led to their arrests and federal charges. Thomas, Nunez, and Juarez have all been sentenced to prison on charges related to the homicide. Matthews was the last of the four to be convicted.
Matthews has prior felony convictions for Possession of a Controlled Substance in 2001, Bribing or Intimidating Witness to Influence Testimony in 2004, Possession of a Controlled Substance in 2005, Possession with Intent to Distribute Cocaine Base in 2005 and Battery with Substantial Bodily Harm in 2015. Matthews had been released from federal custody less than a month prior to committing the murder on November 30, 2013. Matthews also had three prior arrests for murder and attempted murder with a deadly weapon along with an additional arrest for discharging a weapon.
Matthews faces a maximum term of life imprisonment.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and North Las Vegas Police Department. The case was prosecuted by Assistant United States Attorneys Alexandra Michael and Steven Myhre.
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Lake Worth Tax Preparer Charged FederallyRead the Press Release
A Lake Worth tax preparer is charged with fraudulently endorsing a Treasury check and committing tax return fraud.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI) made the announcement.
Paul E. Senat, 38, of West Palm Beach, Florida, has been charged by indictment with one count of fraudulent endorsement of a Treasury check, one count of theft of government money, one count of aggravated identity theft, and twelve counts of aiding and assisting the preparation of false tax returns (Case No. 19-80024-CR-Rosenberg). If convicted, Senat faces up to 10 years in prison for fraudulent endorsement and/or theft of government money, a mandatory consecutive 2 year prison term for aggravated identity theft, and up to 3 years in prison for preparing false tax returns. He also faces fines and a term of supervisory release. Senat is scheduled to be arraigned on May 6, 2019.
According to the indictment and allegations made in court, Senat owns and operates American Justice, a tax preparation storefront in Lake Worth, Florida. He opened the business in December 2010. Senat personally prepares and/or oversees all filing of all returns from his business storefront. Returns filed by Senat routinely claim business losses and other credits, including an education credit, that did not truly exist. This increases the amount of the tax refund paid by the IRS.
It is alleged that Senat not only charges an upfront preparer fee from the client, but he also allegedly takes approximately $1,000 from each refund as an additional fee before issuing the funds to the taxpayer.
It is further alleged that Senat has had two Electronic Filer Identification Numbers (EFINs) suspended by the IRS. These allow a person to electronically file tax returns on behalf of other taxpayers. After these were suspended, Senat allegedly began using nominees to obtain EFINs to continue his perpetration of the tax scheme.
The estimated total loss attributable to Senat’s tax preparer fraud scheme is $11,719,087.
A stolen U.S. Treasury check was allegedly deposited into a Chase bank account for which Senat was the sole signatory.
An indictment merely contains allegations. A defendant is presumed innocent until proven guilty in a court of law.
U.S. Attorney Fajardo Orshan commended the investigative efforts of IRS-CI in this matter. This case is being prosecuted by Assistant U. S. Attorney Alexandra Chase.
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.
Kent Man Who Made Multiple Online Threats to Kill Arrested on Federal ChargesRead the Press Release
A 27-year-old Kent, Washington resident is in custody charged with two counts of making interstate threats for his online posts regarding members of President Trump’s family as well as ongoing threats to bomb synagogues and threats made against media figures in Southern California, announced U.S. Attorney Brian T. Moran. CHASE BLISS COLASURDO, was arrested May 1, 2019 and will make his initial appearance in U.S. District Court in Seattle at 2:00 PM Thursday May 2, 2019.
According to the criminal complaint, in March 2019, a member of the public reported to the FBI concerns about Instagram and other social media posts where COLASURDO threatened to execute members of President Donald Trump’s family. Additionally, COLASURDO sent messages to five different media organizations that he was going to execute the family member. COLASURDO posted a photo on Instagram showing a hand with a firearm pointed at the photo of a Trump family member. When initially contacted by law enforcement in March, COLASURDO claimed his social media accounts had been hacked.
Despite his statements that he was not responsible for the posts, COLASURDO continued to make threatening comments, specifically threats to members of the Jewish community. In one post he wrote it was time to start “bombing synagogues.” As law enforcement continued to track his activity, it became clear he was purchasing various items related to firearms such as a holster, bulletproof vest and ammunition. COLASURDO attempted to purchase a firearm but was denied.
FBI agents arrested COLASURDO without incident about 11:30 AM on May 1, 2019.
The charges contained in the complaint are allegations. A defendant is presumed innocent unless and until the charges are proven in court beyond a reasonable doubt.
Interstate threats are punishable by up to five years in prison and three of supervised release.
The case is being investigated by the FBI in conjunction with an investigation by the Los Angles Police Department. The case in the Western District of Washington is being prosecuted by Assistant United States Attorney Todd Greenberg.
Jury Convicts LPR of Conspiring to Transport Illegal AlienRead the Press Release
CORPUS CHRISTI, Texas – A 28-year-old legal permanent resident alien who resided in Houston has been convicted of conspiring to and transporting an illegal alien within the United States, announced U.S. Attorney Ryan K. Patrick.
A federal jury sitting in Corpus Christi convicted Arturo Javier Garcia-Perez following two days of trial and less than an hour of deliberation.
A Robstown police officer had pulled over a black 2007 Chevy pickup truck in the early morning hours of Jan. 27, 2019, on Highway 77 near Terrie Shamsie Boulevard for a faulty license plate light and obstructed view.
Garcia-Perez was the driver. While being questioned, Garcia-Perez began to be evasive.
There were three others in the vehicle who were also questioned. The stories conflicted. Border Patrol was called to assist and ultimately determined that one of the occupants was a citizen of Honduras, illegally present in the United States.
The jury heard Garcia-Perez admitted to agents that he had dropped off his co-defendants and the illegal alien south of the Falfurrias border patrol checkpoint and picked them up north of the checkpoint.
Garcia-Perez attempted to convince the jury that he didn’t know the status of the alien. They did not believe his claims and found him guilty as charged.
U.S. District Judge Nelva Gonzales Ramos presided over the trial and set sentencing for July 24, 2019. At that time, Garcia-Perez faces up to 10 years for the conspiracy and five years for transportation of an illegal alien. He could also be imposed up to $250,000 in fines and could lose his status as an LPR.
Previously released on bond, Garcia-Perez was taken into custody following the verdict today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and the Robstown Police Department conducted the joint investigation. Assistant U.S. Attorneys Jason Supplee and Michael Hess are prosecuting the case.
Jury Convicts Doctor of Health Care Fraud, Distributing Controlled Substances through Pain Cream Scheme and Suboxone ClinicRead the Press Release
COLUMBUS, Ohio – A jury has convicted a Central Ohio doctor with charges related to a health care fraud scheme that included marketing prescription creams in Sav-a-Lot and low-income neighborhoods and persistently mailing those creams to Medicaid customers, as well as prescribing and distributing Suboxone without medical necessity.
Bernard Oppong, 60, of Blacklick, Ohio was convicted on five counts following a trial that began on April 22 before U.S. District Judge Algenon L. Marbley.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Lamont Pugh III, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Todd A. Wickerham, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Ohio Attorney General Dave Yost and Steven W. Schierholt, Executive Director, State of Ohio Board of Pharmacy announced the conviction.
According to court documents and testimony at trial, from January 2013 until April 2017, Oppong committed health care fraud.
Oppong was employed as a doctor at Health and Wellness Medical Center located on Perimeter Drive in Dublin. The center is affiliated with Health and Wellness Pharmacy on Blazer Parkway in Dublin. Co-defendants also previously operated a pharmacy location within Sav-a-Lot on Mock Road in Columbus.
Oppong and others sought to enrich themselves by billing for compound creams that were either not provided or were not medically necessary, billing for counseling services that were not provided, billing for individual counseling sessions that actually occurred in a group setting and billing for counseling services performed by an unqualified individual when there was no proper supervising physician.
Compound Creams
Oppong and others prescribed and Medicaid was billed for compound creams to treat pain, scarring and acne. Health and Wellness Pharmacy billed Medicaid $3 million for the creams, and Oppong was the ordering provider for more than half a million dollars of the claims.
For example, between January 2014 and April 2015, Health and Wellness Pharmacy submitted 1,436 claims for one compound cream, known as VersabaseA. The pharmacy with the second-highest amount of claims for that cream in that time only submitted 202 claims.
During the first quarter of 2015, Health and Wellness would sometimes bill for less than 10 prescriptions per day, and on other days it would bill for as many as 477 prescriptions. It also billed for filling prescriptions on Saturdays and Sundays when the pharmacy was not open.
Defendants billed for the creams with no medical necessity, as patients never requested the creams, were never actually prescribed them and had never met with Oppong.
The pharmacy marketed the compound creams at Clinic 5 (a Suboxone clinic), Sav-a-Lot and through a mobile van unit.
Patients with CareSource were targeted and told they were receiving free samples of pain cream. Then they began to receive more cream in the mail without requesting more. These were also billed to CareSource.
Customers at Sav-a-Lot and in low-income neighborhoods were asked to fill out a survey asking about any conditions that they suffered from. Then, they would receive the compound creams in the mail every month, even when customers directed the co-conspirators to stop sending them. Many of these customers never met with a doctor, nor did they know Oppong, the prescribing physician.
Suboxone
Oppong was registered through the DEA to prescribe the drug addiction treatment Suboxone to up to 275 patients at any one given time.
Health and Wellness Medical Center submitted fraudulent claims to Medicaid for psychotherapy services that were never rendered to patients.
Specifically, patients indicated they would sit in a room with a timer. When the timer went off, they were allowed to leave and receive their Suboxone prescription, which was written by Oppong and co-conspirators. No counseling services were provided during this time. Some patients reported coloring in coloring books during the time they were in the room.
Oppong pre-signed prescriptions for Suboxone and left them at the medical center for anyone to distribute. Prescriptions were issued to patients who had repeatedly failed urine tests.
The medical center treated patients paying with cash differently than those with insurance. The patients paying with cash only had appointments every two weeks or once a month, and paid $300. Insured patients had appointments three times a week. Cash-paying patients were only required to attend 15 to 30 minutes of counseling, while insured patients were required to stay for one hour.
Oppong and co-defendants averaged more than 150 patients per day.
Oppong was convicted of one count of executing a health care fraud scheme (punishable by up to 10 years in prison), as well as three counts of making false health care statements (five years per count) and one count of conspiracy to distribute a controlled substance (15 years).
Co-defendants
Hilliard couple Darrell L. Bryant, 43, and Gifty Kusi, 34, were convicted by a jury in December 2018 of conspiracy to commit health care fraud and health care fraud following a two-week trial before Judge Marbley.
A final defendant Jornel Rivera, 54, of Dublin, pleaded guilty in May 2018 to making false statements related to health care matters. Rivera served as the Medical Director of Health and Wellness Medical Center.
U.S. Attorney Glassman commended the investigation of this case by the Ohio Attorney General’s Office’s Medicaid Fraud Control Unit, State of Ohio Board of Pharmacy, HHS-OIG, FBI and DEA, as well as Assistant United States Attorneys Kenneth F. Affeldt and Maritsa A. Flaherty, who are prosecuting the case.
This case is being prosecuted as part of the Department of Justice’s Opioid Fraud and Abuse Detection Unit. Assistant United States Attorney Flaherty represents the unit in the Southern District of Ohio, which is one of 12 Districts to receive funding for such a prosecutor.
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Johnstown Man Pleads Guilty in Heroin Trafficking ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Scott W. Brady announced today.
Justin R. Guillarmod, 36, pleaded guilty to one count of the indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on July 27, 2017, Guillarmod and a co-defendant did possess with intent to distribute more than 100 grams of heroin.
Judge Gibson scheduled sentencing for Sept. 30, 2019, at 11 a.m. The law provides for a maximum sentence for Guillarmod of 40 years in prison and a fine of $5,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Cambria County Drug Task Force, conducted the investigation that led to the prosecution of Guillarmod.
Jefferson County Felon Indicted for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A 26-year-old Beaumont, Texas man has been indicted for federal violations in the Eastern District of Texas announced U.S. Attorney Joseph D. Brown.
Bernard James Bell was arrested on Apr. 17, 2019, pursuant to a criminal complaint issued by the U.S. District Court charging him with felon in possession of a firearm. Bell was indicted on those charges by a federal grand jury on May 1, 2019.
According to information presented in court, on Apr. 11, 2019, law enforcement officers began investigating a homicide that occurred in Beaumont’s west end. On Apr. 14, 2019, investigators learned that Bell was provided a firearm that was used in connection with that homicide. After speaking with Bell, investigators recovered the firearm and determined that Bell had possessed it. Further investigation revealed Bell is a convicted felon having several convictions in Jefferson County, Texas in 2011 and 2012. As a convicted felon, Bell is prohibited from owning or possessing firearms or ammunition.
If convicted, Bell faces up to 10 years in federal prison.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beaumont Police Department and prosecuted by Assistant U.S. Attorney Russell James.
It is important to note that a complaint, arrest, or indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.
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Illegal Alien Sentenced for Unlawful Reentry After RemovalRead the Press Release
Gulfport, Miss. – Jose Garcia Faustino, 21, of Mexico, was sentenced today by U.S. District Judge Louis Guirola to “time served” or 95 days in prison, followed by one year of supervised release, for unlawful reentry by an alien after deportation or removal, announced U.S. Attorney Mike Hurst, Jere T. Miles, Special Agent in Charge of U.S. Immigration & Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in New Orleans, and Gregory K. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector.
As a result of this felony conviction, if Garcia Faustino were to unlawfully return again to the United States, he could face up to ten years in federal prison. Garcia Faustino pled guilty on March 18, 2019, before Judge Guirola.
On or about January 28, 2019, an interdiction agent of the South Mississippi Metro Enforcement Team conducted a traffic stop on a GMC Yukon XL with South Carolina license plates at or about the 62-mile marker on interstate I-10 eastbound in Jackson County. The agent observed eight occupants of the vehicle, including Jose Garcia Faustino. Border Patrol Agents arrived on the scene shortly thereafter, and interviewed the occupants of the vehicle as to their citizenships, determining none had proper documents and all were illegally present in the United States.
Of the eight total vehicle occupants (two drivers and six passengers) all were illegal aliens from the Mexican State of Guerrero. All occupants were arrested and transported to the Border Patrol Station in Gulfport. HSI and Border Patrol agents determined that the six passengers were being smuggled within the United States. Further investigation revealed that Garcia Faustino is a citizen of Mexico, and previously had been ordered removed from the United States.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Homeland Security Investigations, the United States Border Patrol, the Jackson County Sheriff’s Department and the City of Gautier Police Department. Assistant United States Attorney Stan Harris was the prosecutor for the case.
Illegal Alien Previously Removed Seven Times Pleads Guilty to Again Unlawfully Reentering the United StatesRead the Press Release
Gulfport, Miss. – Alejandro Sosa-Cruz, an illegal alien from Mexico, pled guilty yesterday before U.S. District Judge Sul Ozerden to unlawful reentry by an alien after removal, announced U.S. Attorney Mike Hurst, and Mr. Trey Lund, Acting Field Office Director of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO) in New Orleans.
Sosa-Cruz will be sentenced by Judge Ozerden, on August 1, 2019, at 9:30 a.m. He faces a potential maximum penalty of 2 years in prison and a maximum $250,000 fine. He will also be removed from the United States again following the completion of any prison sentence.
On or about February 1, 2019, in Harrison County, a D’Iberville Police Officer conducted a traffic stop on the Sosa-Cruz’s vehicle for an obscured license plate. Sosa-Cruz also did not have a valid Driver’s License. An ICE officer was promptly called to the scene and arrested Sosa-Cruz after he admitted to being an illegal alien to the United States. Sosa-Cruz was later positively identified via a fingerprint scan through the Department of Homeland Security computerized records system.
Since 2012, Sosa-Cruz had been removed from the United States on seven prior occasions. This was his eighth time to illegally enter the United States.
U.S. Attorney Hurst praised the cooperation exhibited by the Department of Homeland Security, Immigration & Customs Enforcement, Enforcement Removal Operations, the City of D’Iberville Police Department, the Harrison County Criminal Interdiction Task Force, and the Harrison County Sheriff’s Department. Assistant United States Attorney Stan Harris is the prosecutor for this case.
Honduran National Sentenced with Illegal Re-entryRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced that LENIS PADILLA RUIZ age 32, a citizen of Honduras, was sentenced after previously pleading guilty to a one-count Indictment for illegally re-entering the United States in violation of Title 8, United States Code, Section 1326(a).
According to court documents, RUIZ was found in the United States on or about November 19, 2018, after having been previously removed therefrom on or about April 1, 2016.
RUIZ was sentenced to time served and a $100.00 special assessment. Additionally, RUIZ was turned over to Immigration and Customs Enforcement for deportation.
U.S. Attorney Strasser praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
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Georgia Precious Metals Broker Sentenced to Prison for Willfully Failing to File Tax ReturnsRead the Press Release
An Atlanta precious metals broker was sentenced to 21 months in prison today following his Dec. 12, 2018, conviction by a federal jury on three counts of failing to file income tax returns, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division. Hakim has been in custody since April 12, 2019. He was arrested and jailed after he failed to appear for his original sentencing date.
According to court documents and evidence presented at trial, Saleem Hakim was in the business of brokering the sale of precious metals to clients. As a precious metals broker, Hakim received funds from clients, converted a portion of the funds to precious metals, and kept the remainder for his personal use. For the years 2011 through 2013, Hakim retained in excess of $1 million. Despite receiving income in excess of the filing thresholds and knowing his obligation to make and file tax returns, Hakim did not file any income tax returns with the Internal Revenue Service (IRS). Hakim is a former resident of Smyrna, Georgia, and Troy, Michigan.
In addition to the term of prison imposed, U.S. District Judge Michael L. Brown of the Northern District of Georgia ordered Hakim to serve one year of supervised release and to pay $639,006 in restitution to the IRS and $4,603.28 in costs of prosecution.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Jeffrey Bender and Kathryn Sparks of the Tax Division, who prosecuted this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Fredericksburg Man Sentenced to Six Years for Dealing FentanylRead the Press Release
RICHMOND, Va. – A Fredericksburg man was sentenced today to six and a half years in prison for possession with intent to distribute fentanyl.
“Illicit fentanyl is killing people every day,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Here, Codynah was not content simply to distribute poison, but endangered additional lives by shooting fentanyl while driving and losing control of his vehicle. We are in a fight for the lives of Virginians. We must remain vigilant in our enforcement efforts, continue to raise awareness in our communities, educate our children on the dangers of opioids, and work across the entire suite of law enforcement efforts to keep fentanyl specifically and opioids in general from hitting the streets.”
According to court documents, Keevon Lujack Codynah, 28, wrecked his car last Fourth of July after using fentanyl and losing consciousness. First responders at the scene of the crash located hypodermic needles and syringes in and around the defendant’s car. After being flown to the hospital for medical treatment, hospital staff located additional hypodermic needles and 38 capsules that each contained fentanyl on Codynah, that he was delivering to another individual for resale Over the course of Codynah’s involvement, he distributed more than 40 grams of fentanyl.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. Assistant U.S. Attorney Olivia L. Norman prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-159.
Founder and Four Executives of Insys Therapeutics Convicted of Racketeering ConspiracyRead the Press Release
BOSTON – The founder and four former executives of Insys Therapeutics Inc. were convicted today by a federal jury in Boston in connection with bribing medical practitioners to prescribe Subsys, a highly-addictive sublingual fentanyl spray intended for cancer patients experiencing breakthrough pain, and for defrauding Medicare and private insurance carriers.
Insys founder and former Executive Chairman John N. Kapoor, 76, of Phoenix, Ariz.; Richard M. Simon, 48, of Seal Beach, Calif., the former National Director of Sales; Sunrise Lee, 38, of Bryant City, Mich., a former Regional Sales Director; Joseph A. Rowan, 45, of Panama City, Fla., a former Regional Sales Director; and Michael J. Gurry, 55, of Scottsdale, Ariz., the former Vice President of Managed Markets, were convicted by a federal jury of RICO conspiracy. Sentencing dates have not yet been set.
Prior to the start of the trial, two other high-level Insys executives pleaded guilty and testified during the trial: Michael Babich, of Scottsdale Ariz., the former CEO and President of the company, and Alec Burlakoff, of Charlotte, N.C., the former Vice President of Sales.
From May 2012 to December 2015, the defendants conspired to bribe practitioners, many of whom operated pain clinics, in order to induce them to prescribe Insys’ fentanyl-based pain medication, Subsys, to patients often when medically unnecessary. Subsys is a powerful, rapid-onset opioid intended to treat cancer patients suffering intense breakthrough pain.
The defendants used pharmacy data to identify practitioners who either prescribed unusually high volumes of rapid-onset opioids, or had demonstrated a capacity to do so, and bribed and provided kickbacks to the practitioners to increase the number of new Subsys prescriptions, and to increase the dosage and number of units of Subsys. The defendants also measured the success of their criminal enterprise by comparing the net revenue earned from targeted practitioners with the total value of bribes and kickbacks paid. The defendants used this information to reduce or eliminate bribes paid to practitioners who failed to meet satisfactory prescribing requirements, which they determined to be the net revenue equal to at least twice the amount of bribes paid to the practitioner.
The bribes and kickbacks took multiple forms. In March 2012, Insys began using “speaker programs” purportedly intended to increase brand awareness of Subsys through peer-to-peer educational lunches and dinners. However, the programs were used as a vehicle to pay bribes and kickbacks to targeted practitioners in exchange for increased Subsys prescriptions and increased dosage. In most instances, the programs were shams.
The defendants also conspired to mislead and defraud health insurance providers who were reluctant to approve payment for the drug when it was prescribed for non-cancer patients. The defendants conspired to achieve this by setting up the “Insys Reimbursement Center,” (IRC) which was dedicated to obtaining prior authorization for payment directly from insurers and pharmacy benefit managers. Beginning in October 2012, employees of the IRC posed as employees of the practitioner and used “the spiel” – a script of false and misleading representations about patient diagnoses in order to secure approval for the drug by the insurance provider. For example, since insurers were more likely to authorize payment for Subsys if a patient was being treated for cancer-related pain, IRC employees were instructed to mislead insurers regarding the true diagnosis of the patient.
“Today’s convictions mark the first successful prosecution of top pharmaceutical executives for crimes related to the illicit marketing and prescribing of opioids,” said United States Attorney Andrew E. Lelling. “Just as we would street-level drug dealers, we will hold pharmaceutical executives responsible for fueling the opioid epidemic by recklessly and illegally distributing these drugs, especially while conspiring to commit racketeering along the way. I applaud the prosecutors and investigators who fought this case to the finish and won. This is a landmark prosecution that vindicated the public’s interest in staunching the flow of opioids into our homes and streets.”
“These executives exploited vulnerable patients and cashed in on dishonest doctors by bribing them to prescribe one of the most powerful, addictive opioid painkillers to patients who should never have received it. Motivated by sheer greed, they lied to insurance companies and are no better than street level drug dealers,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today's verdict marks an important step in holding pharmaceutical company executives responsible for their role in fueling the opioid epidemic. Rest assured, the FBI will continue to identify and bring to justice corrupt individuals and companies whose business practices promote fraud with a total disregard for patient safety.”
“Combating the opioid epidemic remains a top priority for HHS OIG. For too long executives have not been held accountable for corporate wrongdoing. These verdicts underscore our continued commitment to holding individuals and corporations accountable for their fraudulent conduct,” said Phillip Coyne, Special Agent in Charge, U.S Department of Health and Human Services, Office of the Inspector General. “No matter what the scheme or how elaborately disguised, we will follow the evidence where it takes us, including to the corporate ranks. HHS OIG and our law enforcement partners will continue to investigate and prosecute healthcare fraud to the fullest extent of the law.”
“The opioid epidemic is one of the largest public health tragedies our country has faced, and as the FDA continues to forcefully confront the opioid crisis, ensuring safe and appropriate use of these powerful medications remains a cornerstone of our efforts,” said Melinda K. Plaisier, FDA Associate Commissioner for Regulatory Affairs. “In this case, we’ve seen unacceptable behavior from the defendants who influenced health care providers to prescribe the most powerful type of opioid – an immediate release form of fentanyl – to patients who did not need it, putting them at serious risk of overdose and in some cases, death. The FDA has taken recent steps to strengthen our risk mitigation program for this specific class of products to better ensure the safe use of these products, and we will continue to work with our law enforcement partners to pursue and bring to justice those who place profits before the public health.”
“The reckless actions by these executives whose products included controlled medications increased the potential for diversion and addiction, which jeopardizes the public health and safety,” said DEA Special Agent in Charge Brian D. Boyle. “DEA pledges to work with our law enforcement and regulatory partners to ensure that rules and regulations are followed.”
“The integrity of TRICARE, the U.S. Defense Department's health care program for military members and their dependents, is a top priority for the Defense Criminal Investigative Service (DCIS),” stated Special Agent-in-Charge Leigh-Alistair Barzey, DCIS Northeast Field Office. “Today’s verdicts are the direct result of a joint effort by several agencies and is demonstrative of their commitment to investigate and prosecute individuals and companies that commit health care fraud. The DCIS will continue to work with its law enforcement partners and the U.S. Attorney's Office to protect the TRICARE program and ensure that TRICARE patients receive the excellent health care that they deserve.”
“This case shows that healthcare fraud will not be tolerated. The Employee Benefits Security Administration will work together with our law enforcement partners in these important investigations to protect participants in private sector health plans, detect and deter health care fraud, and contribute to fighting the opioid epidemic,” said Carol S. Hamilton, Acting Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office.
“Today’s verdict highlights our commitment to defending our mail system from illegal misuse and ensuring public trust in the mail,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “We are committed to investigating and bringing to justice those who contribute to the opioid abuse epidemic. We would not be successful in doing so without our fellow law enforcement partners and the U.S. Attorney’s Office.”
“The verdict in this case sends a clear message to pharmaceutical companies that tactics like these will not be tolerated,” said Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General in the Northeast Area Field Office. “This is a win for the public in the war against opioids. The Special Agents of the U.S. Postal Service Office of Inspector General will continue to work closely with the U.S. Attorney’s Office and our law enforcement partners to bring those to justice who commit these kind of offenses.”
“Bribing doctors and misrepresenting patient’s medical conditions in order to boost profits by overprescribing a highly addictive opioid is reprehensible criminal conduct,” said Sean J. Smith, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division. “Today’s verdict is an important step in holding those in the industry that commit crimes accountable. Targeting veterans’ dependents in the CHAMPVA program with these corrupt practices is unacceptable and we are pleased to have contributed to this outstanding multi-agency criminal investigation.”
“Every day, millions of Americans struggle with opioid addiction,” said Thomas W. South, OPM Deputy Assistant Inspector General for Investigations. “These executives put the health and wellbeing of Federal employees, annuitants, and their families at risk in order to make a profit. I would like to recognize the incredible work done by the United States Attorney’s Office, OPM OIG agents, and our law enforcement partners to hold these executives accountable. The OPM OIG remains committed in working to stop such unscrupulous behavior.”
The charge of RICO conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000, or twice the amount of pecuniary gain or loss. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Attorney’s Office would like to acknowledge the cooperation and assistance of the U.S. Attorney’s Offices around the country engaged in parallel investigations, including the District of Connecticut, Eastern District of Michigan, Southern District of Alabama, Southern District of New York, District of Rhode Island and the District of New Hampshire. The efforts of the Central District of California and the Justice Department’s Civil Fraud Section of the Department of Justice are also greatly appreciated.
Assistant U.S. Attorneys K. Nathaniel Yeager, Chief of Lelling’s Health Care Fraud Unit, David Lazarus, Chief of Lelling’s Asset Recovery Unit, and Fred M. Wyshak, Chief of Lelling’s Public Corruption & Special Prosecutions Unit, are prosecuting the case.
Former bookkeeper pleads guilty to stealing nearly $150,000 from Crowley companyRead the Press Release
ALEXANDNRIA, La. – United States Attorney David C. Joseph announced that Otavia L. Lewis, 38, of Crowley, pleaded guilty Wednesday before U.S. District Judge Dee D. Drell for stealing more than $148,000 from a Crowley company.
According to the guilty plea, Lewis worked as a bookkeeper for a Crowley equipment company from March 2014 to May 2016. She used accounting software to transfer funds from the company’s bank account to accounts and debit cards she and others controlled. She also attempted to hide her actions by covering for the payments using other employees’ names. Lewis stole $148,753.28 during the course of the scheme.
Lewis faces up to 20 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for August 5, 2019.
The U.S. Secret Service conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.
Former U.S. Army Range Operations Manager Pleads Guilty to ConspiracyRead the Press Release
A former U.S. Army civilian employee pleaded guilty today to conspiring to accept bribes and disclose sensitive U.S. Army procurement information while serving as a range operations manager at Hawaii’s Schofield Barracks.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Kenji M. Price of the District of Hawaii, Special Agent in Charge Ray Park of the U.S. Army Criminal Investigation Command (Army-CID), Special Agent in Charge Bryan Denny of the U.S. Defense Criminal Investigative Service (DCIS) and Special Agent in Charge Sean Kaul of the FBI’s Honolulu Field Office made the announcement.
Franklin Raby, 67, of Greeneville, Tennessee, pleaded guilty before U.S. District Judge Ronnie Greer of the Eastern District of Tennessee to a one-count information charging him with conspiracy to commit bribery and disclose sensitive U.S. Army procurement information. Sentencing is scheduled for Aug. 5, 2019.
According to admissions as part of his plea agreement, from March 2015 through May 2018, Raby, while employed as a public official for the U.S. Army, accepted tens of thousands of dollars’ worth of bribes—including an antique automobile—from an employee of a federal contractor that sought and received business from the United States Army. In return, Raby provided the contractor with sensitive, internal U.S. Department of Defense procurement information, and otherwise used his position to benefit the contractor in securing U.S. Army contracts.
Army-CID, DCIS and the FBI investigated this case. Trial Attorney Laura Connelly and Assistant Chief Justin Weitz of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Marc Wallenstein of the District of Hawaii are prosecuting the case. The Fraud Section appreciates the substantial assistance of the U.S. Attorney’s Office for the Eastern District of Tennessee.
Former Social Services Worker Pleads Guilty to Lying to the FBIRead 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 Rhonda Henderson, 48, of Buffalo, NY, pleaded guilty to making false statements to Special Agents of the Federal Bureau of Investigation before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Joseph M. Tripi, who is handling the case, stated that on June 19, 2014, Special Agents with the Federal Bureau of Investigation interviewed the defendant during which interview Henderson stated that the title to a 1999 Honda two-door sedan had been mailed to her address. The vehicle actually belonged to Victim A, a disabled individual whom the defendant met through her employment at a local social services agency. The FBI was investigating mail fraud and whether or not Henderson engaged in a scheme to defraud Victim A of her vehicle by fraudulently obtaining a duplicate New York State Department of Motor Vehicles title.
During the course of the FBI interview, the defendant made materially false statements that:
• she did not take the title to the 1999 Honda Accord from Victim A without Victim A’s authorization;
• she had Victim A’s permission to forge Victim A’s name on the DMV form “Transfer of Vehicle Registered in Name of Deceased Person” dated December 13, 2013; and
• her supervisor at the agency knew of her dealings related to the December 13, 2013, vehicle transaction;
knowing that each statement was in fact false.The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Motor Vehicles, Division of Field Investigation, under the direction of Owen McShane, Director of Investigations.
Sentencing is scheduled for September 10, 2019, at 9:30 a.m. before Judge Vilardo.
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Former Service Provider at State Supported Living Center in Texas Pleads Guilty to Civil Rights Offense After Kicking Resident in the FaceRead the Press Release
Tesa Keith, 37, pleaded guilty yesterday to violating the civil rights of a resident at the San Angelo State Supported Living Center in San Angelo, Texas, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Northern District of Texas Erin Nealy Cox, and Michael Schneider, Acting Special Agent in Charge of the FBI Dallas Division.
“This defendant physically assaulted a resident at the Living Center with no legal justification,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Department of Justice will continue to defend the civil rights of Americans and seek justice for those who have suffered unlawful abuses.”
“Instead of the care and compassion she deserved, this victim suffered abuse and humiliation,” said U.S. Attorney Erin Nealy Cox. “One of the DOJ’s most sacred duties is seeking justice for our district’s most vulnerable. We will not tolerate this sort of terrible behavior.”
“The FBI works closely with our federal, state, and local partners to investigate any type of civil rights violation,” said Michael Schneider, Acting Special Agent in Charge of the FBI Dallas Division. “The victim was unfairly prevented from receiving the care she was entitled to under the law.”
According to the plea agreement, Keith was working on June 13, 2017, as a Direct Service Provider at the San Angelo State Supported Living Center, a state-run facility. K.B. was a resident of the facility. Keith admitted to kicking K.B. in the face without legal justification and for the purpose of punishing her. Keith’s assault on K.B. resulted in bodily injury to K.B.
Keith faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for the civil rights offense. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentence will be determined by the court based on the advisory sentencing guidelines and other statutory factors.
The FBI’s San Angelo Field Office conducted the investigation. Assistant U.S. Attorney Juanita Fielden of the Northern District of Texas and Trial Attorneys Rose E. Gibson and Kate Hill of the Department of Justice’s Civil Rights Division are prosecuting the case.
Former Federal Correctional Officer Charged with Civil Rights Offense for Assaulting InmateRead the Press Release
A former senior correctional officer at the Federal Correctional Complex (FCC) in Beaumont, Texas, was indicted yesterday on charges that he used unlawful force on an inmate and then submitted a false incident report, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Eastern District of Texas Joseph D. Brown, and Department of Justice, Office of the Inspector General, Acting Special Agent in Charge Robert A. Bourbon of the Dallas Field Office.
According to the indictment, Tavoris Bottley, 33, was working at FCC Beaumont on June 8, 2017, when he assaulted an inmate by punching the inmate in the head three times. The defendant then allegedly submitted an incident report that omitted these punches and falsely cited the inmate for attempting to assault staff.
The defendant faces a maximum statutory penalty of 10 years in prison for the civil rights violation, 20 years in prison for the obstruction offense, and a fine of up to $250,000 for each charge.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.
The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.
Former Chief Executive Officer of Health Care Company Sentenced to Two Years Probation for Theft of Government PropertyRead the Press Release
Montgomery, Alabama - On Thursday, May 2, 2019, William “Ed” Henry, 48, of Hartselle, Alabama, was sentenced to two years’ probation for aiding and abetting the theft of government property. He was also ordered to pay a fine of $4,000.00, announced United States Attorney Louis V. Franklin, Sr.
According to court documents, from 2015 through 2017, Henry was an owner of a health care company, MyPractice24, Inc. (MyPractice24). During some of that time, Henry also served as the company’s chief executive officer (CEO). MyPractice24 provided non-face-to-face chronic care management services to Medicare beneficiaries who had two or more chronic conditions. The company did so pursuant to contracts into which it entered with primary care physicians. Under those contracts, the doctors would pay Henry’s company to provide these chronic care management services to the doctors’ patients, the company would provide the services, the doctors would bill Medicare for the services, and then the doctors would pay Henry’s company a share of the reimbursements received from Medicare.
Court documents state that in 2016, Henry entered into an agreement with Dr. Gilberto Sanchez, a Montgomery physician who has subsequently pleaded guilty to drug distribution, health care fraud, and money laundering charges. Under that agreement, MyPractice24 would provide various kickbacks to Dr. Sanchez and his staff in return for the providers at Dr. Sanchez’s practice referring Medicare beneficiaries to MyPractice24 for chronic care management services. Additionally, Henry assisted Dr. Sanchez in paying kickbacks to patients who enrolled in the chronic care management program. Dr. Sanchez paid these kickbacks by systematically waiving copays—copays which Medicare required Dr. Sanchez to collect. Henry was charged with entering into similar agreements with other Alabama physicians, including Dr. Punuru Reddy of Decatur, Alabama and Dr. Nicole Scruggs of Huntsville, Alabama.
Henry’s sentencing hearing followed a January hearing during which Henry pleaded guilty to one count of theft of government property. The count stemmed from Henry’s helping Sanchez and other physicians in obtaining Medicare reimbursements to which the doctors were not entitled.
This case was investigated by the United States Department of Health and Human Services – Office of Inspector General, the Drug Enforcement Administration’s Tactical Diversion Squad, and the Internal Revenue Service’s Criminal Investigation Division. The Montgomery County, Alabama Sheriff’s Office, the Alabama Board of Medical Examiners, the Montgomery, Alabama Police Department, and the Opelika, Alabama Police Department assisted in the investigation. Assistant United States Attorneys Jonathan S. Ross and Megan A. Kirkpatrick prosecuted the case.
Former Bank Manager Pleads Guilty to Bank TheftRead the Press Release
NEW ORLEANS, LOUISIANA – SCOTT BREAUX (“BREAUX”), age 39, of Marrero, Louisiana, entered a plea of guilty yesterday to bank theft, announced United States Attorney Peter G. Strasser.
According to documents filed in federal court, from about November 2016 to July 2017, while employed as a Branch Manager at ASI Federal Credit Union, BREAUX stole approximately $35,000.00. BREAUX was employed with ASI since in or about 2011, and during his tenure with ASI, BREAUX worked at the Harahan, Westwego, and uptown branches. In 2014, BREAUX was named Branch Manager of ASI’s Westwego branch. In February 2017, BREAUX was transferred to ASI’s uptown branch where he continued to work as Branch Manager until he resigned in July 2017. ASI is a federally insured financial institution and its deposits are insured by the National Credit Union Association.
BREAUX faces a sentence of up to ten (10) years imprisonment, followed by a term of supervised release of up to three (3) years, and a $250,000.00 fine.
BREAUX will be sentenced by U.S. District Court Judge Ivan L.R. Lemelle on August 14, 2019.
U.S. Attorney Peter G. Strasser praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney Brian M. Klebba, Supervisor of the Financial Crimes Unit.
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Former Airline Baggage Handler Sentenced to Thirty Months in Prison for Violating Airport Security Requirements, Drug Smuggling, and Money LaunderingRead the Press Release
OAKLAND – Former Southwest Airlines baggage handler Keith Ramon Mayfield was sentenced today to thirty months in prison for entering an airport area in violation of security requirements, conspiring to distribute marijuana, and conspiring to launder money, announced United States Attorney David L. Anderson, Internal Revenue Service, Criminal Investigation (IRS-CI), Special Agent in Charge Kareem Carter, and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Phyllis J. Hamilton, Chief U.S. District Judge.
Mayfield, 38, of Oakland, pleaded guilty to the charges on February 21, 2018. According to his plea agreement, Mayfield admitted that on at least 40 occasions between May of 2013 and March of 2015, he used his access as a baggage handler for Southwest Airlines at the Oakland International Airport to smuggle marijuana into the airport and distribute the marijuana to outbound passengers. Mayfield admitted he smuggled luggage containing a total of at least 250 kilograms of marijuana around the TSA checkpoint to outbound passengers who had already cleared the security checkpoint.
Mayfield also admitted that he shipped at least 100 kilograms of marijuana in cargo shipments on Southwest Airlines to airports throughout the United States. As part of the scheme, Mayfield’s co-conspirators traveled to airports, picked up the shipments of marijuana, and further distributed and sold the drugs.
Moreover, Mayfield admitted he conspired with others to launder the proceeds of the marijuana sales. Specifically, during 2012 and 2013, people deposited at least $50,000 of drug trafficking proceeds into bank accounts at branches located in Texas. Mayfield withdrew the funds in Northern California. Mayfield admitted that the purpose of the transactions was to funnel the narcotics trafficking proceeds from the points of sale to the point of origin in Northern California and to disguise and conceal the source and ownership of the narcotics trafficking proceeds.
On January 16, 2018, Mayfield was charged in a superseding information with one count of conspiracy to distribute, and possess with intent to distribute, marijuana, in violation of 21 U.S.C. § 846; one count of entering an airport area in violation of security requirements, in violation of 49 U.S.C. §§ 46314(a) and 46314(b)(2); and one count of conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). Pursuant to this plea agreement, Mayfield pleaded guilty to all the charges in the superseding information.
In addition to the prison term, Chief Judge Hamilton sentenced the defendant to a four-year period of supervised release. During this period of supervised release, Mayfield will be barred from seeking or obtaining employment with any commercial air carrier or airport. The Court also ordered Mayfield to pay a forfeiture money judgment of $50,000. Mayfield will begin serving the sentence on August 12, 2019.
Mayfield’s sentence brings to 11 the number of defendants sentenced as part of the scheme to violate airport security and distribute marijuana. The other ten defendants sentenced include the following:
Defendant
Age, Residence
Charges
Status
Kenneth Wayne Fleming, Jr.
35, of Oakland
Conspiracy to distribute, and possess with intent to distribute, marijuana, 21 U.S.C. § 846;
Entering an airport area in violation of security requirements, 49 U.S.C. §§ 46314(a) and 46314(b)(2)
Conspiracy to launder money, 18 U.S.C. § 1956(h)
Sentenced on February 7, 2018, to 21 months in prison and 3 years supervised release.
Michael Herb Videau
30, of Oakland
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. § 841(a)(1)
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
November 9, 2016, to 15 months in prison and 3 years supervised release.
Major Alexander Session III
27, of Oakland
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. § 841(a)(1)
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
November 15, 2017, to 24 months in prison and 3 years supervised release.
Clyde Barry Jamerson
44, of Oakland
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
September 21, 2016, to 3 months in prison and 3 years supervised release.
Kameron Kordero Eldridge Davis
28, of Dublin, Calif.
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
June 29, 2016, to
6 months in prison and 3 years supervised release.
Ronnell Lamar Molton
39, of Oakland
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
August 10, 2016, to
3 months in prison and3 years of supervised release.
Sophia Cherise West
46, of Castro Valley
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. § 841(a)(1)
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
June 1, 2016, to
12 months and one day in prison and 3 years supervised release.
Donald Ray Holland II
44, of Discovery Bay
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. § 841(a)(1)
Entering an airport area in violation of security requirements,
49 U.S.C. §§ 46314(a) and 46314(b)(2)
Sentenced on
November 16, 2016, to 27 months in prison and 3 years supervised release.
Brandon Jarred Davillier
29, of Slidell, Louisiana
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. § 841(a)(1)
Sentenced on
August 3, 2016, to
24 months in prison and 3 years supervised release.
Travon Jahmal Franzwa Baker
25, of Oakland
Distribution and possession with intent to distribute, marijuana,
21 U.S.C. §§ 841(a)(1) and (b)(1)(D)
Sentenced on
May 4, 2016, to
10 months in prison and 3 years supervised release.
Assistant U.S. Attorney Garth Hire is prosecuting the case with the assistance of Kathleen Turner. The prosecution is the result of an investigation by the FBI, the IRS-CI, and the Alameda County Sheriff’s Office. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Former Air Force Academy Cadet Convicted of Raping Fellow CadetRead the Press Release
DENVER – Alvaro Pablo Velarde, age 20, of Lima, Peru, was found guilty today of two counts of aggravated sexual abuse and one count of abusive sexual contact for raping a fellow cadet, U.S. Attorney Jason Dunn announced. The guilty verdicts followed a four-day jury trial in front of U.S. District Court Judge Christine M. Arguello in Denver, Colorado. Velarde was a student at the Air Force Academy, as was the victim. The defendant was in custody before and during the trial and was remanded at the trial’s conclusion.
Velarde was first charged by Criminal Complaint on October 25, 2018. He was then indicted by a federal grand jury in Denver on November 8, 2018. The jury trial started on April 29, 2019. The jury’s verdict was announced today, May 2, 2019. The defendant is scheduled to be sentenced on July 30, 2019.
According to court documents and facts presented by prosecutors at trial, on October 23, 2018, at the Air Force Academy in Colorado Springs, Velarde, a cadet, violently raped a female cadet in her dorm room. He ignored multiple pleas to stop the sex assault. Afterward, the victim experienced severe pain and immediately sought medical attention. A sexual assault examination revealed physical injuries sustained during the sexual assault, and a doctor at the Air Force Academy later diagnosed her with a concussion sustained during the assault.
After the incident, but prior to trial, Velarde was disenrolled from the Air Force Academy.
“The conduct in this case is reprehensible not only because of the nature of the crime itself, but because of where it occurred,” said U.S. Attorney Jason Dunn. “Our service academies are national treasures. We send our best and brightest young adults there to become soldiers and to serve our country. It is the last place one should be attacked so violently. We are pleased that justice was done. The victim showed tremendous courage throughout this ordeal and I am proud that she will someday be defending our country as an Air Force officer.”
This case was investigated by the Air Force Office of Special Investigations. The jury trial was handled by Assistant U.S. Attorneys Peter McNeilly and Emily Treaster.
Final Participant in La Crosse Methamphetamine Conspiracy SentencedRead the Press Release
MADISON, WIS. – Scott C. Blader, United States Attorney for the Western District of Wisconsin, announced that Tom Lewis, 29, De Soto, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to three years in federal prison for using a telephone to facilitate the of distribution of methamphetamine. Lewis pleaded guilty to this charge on February 19, 2019.
Lewis agreed to join with Roberta Draheim, the leader of a methamphetamine distribution operation in La Crosse, to purchase two ounces of methamphetamine from her new source in California after her previous source disappeared. While they waited for the package of methamphetamine to arrive in the mail, Lewis used a telephone to arrange to distribute methamphetamine to Draheim.
Lewis joined with Draheim only five days after getting released from state custody on a separate matter. Judge Conley described Lewis as continuing to engage in the sale of multiple substances, including methamphetamine, while on state supervision.
Lewis and five other individuals were charged for their roles in Draheim’s methamphetamine distribution conspiracy. All six individuals have pleaded guilty and Lewis was the last to be sentenced.
The charge against Lewis was the result of an investigation conducted by the Drug Enforcement Administration in Wisconsin and California; Wisconsin Department of Justice Division of Criminal Investigation; U.S. Postal Inspection Service; La Crosse Police Department; Prairie du Chien Police Department; and Dane County Sheriff’s Office. The prosecution of the case has been handled by Assistant U.S. Attorney Diane Schlipper.
Federal Jury Finds Beckley Man Guilty of Gun CrimeRead the Press Release
BECKLEY, W.Va. – A federal jury returned a guilty verdict in the trial of a Beckley man for being a felon in possession of a firearm, announced United States Attorney Mike Stuart. John Henry Swain, 44, was convicted following a one-day jury trial.
“I am a firm supporter of the Second Amendment,” said United States Attorney Mike Stuart. “But Swain is prohibited from possessing firearms because of his previous felony conviction. Enforcing federal gun laws is critically important to public safety because it keeps guns out of the wrong hands. I want to thank ATF and my Assistant United States Attorneys, Ryan Saunders and Steve Loew, for their work in this case.”
Witnesses for the United States testified that on September 20, 2018, Swain, along with two other individuals, was being investigated for public intoxication and open container in downtown Beckley. Swain was the only one who was non-compliant. He continuously put his hands in his pocket and waistband area. Swain then fled on foot and maneuvered his hands towards his waist during the foot pursuit. He was apprehended and a canine tracked a 9mm Taurus pistol along the path of flight. After Swain’s arrest, law enforcement read him his Miranda rights and in a recorded interview, Swain admitted to possessing the firearm and that he wanted to get a clip and shoot it to see what it sounded like. Swain was prohibited from possessing any firearm under federal law because of a 2008 federal conviction in the Southern District of West Virginia for being a felon in possession of a firearm.
Swain faces up to 10 years in federal prison when he is sentenced in August 22, 2019. Swain will remain in custody pending his sentencing.
The Beckley Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. Assistant United States Attorneys Ryan A. Saunders and Steven I. Loew are in charge of the prosecution and tried the case before a federal jury. United States District Judge Irene C. Berger presided over the trial.
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.
SDWVNews and USAttyStuart
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Federal Inmate Convicted of Another EscapeRead the Press Release
PITTSBURGH, PA -A former resident of Washington, Pennsylvania, pleaded guilty in federal court to a charge of escaping from his federal sentence, United States Attorney Scott W. Brady announced today.
Zackory James Sadler, 34, pleaded guilty to the sole count of the indictment before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that Sadler was back in federal prison as a result of: 1) violating his prior federal sentence for being a convicted felon in possession of a firearm; and 2) for previously escaping from federal custody. Sadler was at the Renewal Center halfway house in Pittsburgh on December 19, 2018 and was given permission to meet with his federal Probation Officer (PO). Sadler did not visit his PO and then failed to return to the Renewal Center. The United States Marshals Service Fugitive Unit began an investigation and the Renewal Center contacted Sadler’s friends and family. On December 21, 2019, Sadler returned to the Renewal Center. He was subsequently removed from the halfway house and sent back to prison.
Judge Ambrose scheduled sentencing for May 16, 2019 at 1 p.m. The law provides for a total sentence of up to five years in prison, a fine of up to $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history of the defendant.
Pending sentencing, the court remanded Sadler back to prison.
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.
The United States Marshals Service conducted the investigation that led to the prosecution of Sadler.
Former Federal Correctional Officer Charged with Civil Rights Offense for Assaulting InmateRead the Press Release
WASHINGTON – A former senior correctional officer at the Federal Correctional Complex (FCC) in Beaumont, Texas, was indicted yesterday on charges that he used unlawful force on an inmate and then submitted a false incident report, announced Assistant Attorney General Eric Dreiband of the Department of Justice’s Civil Rights Division, U.S. Attorney for the Eastern District of Texas Joseph D. Brown, and Department of Justice, Office of the Inspector General, Acting Special Agent in Charge Robert A. Bourbon of the Dallas Field Office.
According to the indictment, Tavoris Bottley, 33, was working at FCC Beaumont on June 8, 2017, when he assaulted an inmate by punching the inmate in the head three times. The defendant then allegedly submitted an incident report that omitted these punches and falsely cited the inmate for attempting to assault staff.
The defendant faces a maximum statutory penalty of 10 years in prison for the civil rights violation, 20 years in prison for the obstruction offense, and a fine of up to $250,000 for each charge.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty.
The Department of Justice, Office of the Inspector General conducted the investigation. Assistant U.S. Attorney Michael A. Anderson of the Eastern District of Texas and Trial Attorney Nicholas Reddick of the Justice Department’s Civil Rights Division are prosecuting the case.
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Exam Prep Company Agrees to Settle ADA ComplaintsRead the Press Release
ALEXANDRIA, Va. – A California company that offers on-line test preparation courses related to licensing examinations for professional purposes, including engineering, architectural, and designing, has agreed to pay a total of $50,000 and take remedial action to resolve complaints that it failed to provide captioning for its online exam preparation courses.
The allegations involve an individual who lives in Northern Virginia, has multiple degrees, works as an engineer, and is deaf. The individual requested that Professional Publications, Inc., (PPI) located in Belmont, provide captioning for its online video course to prepare for the Principles and Practice of Engineering Exam, the examination required to become a licensed Professional Engineer. The Principles and Practices Engineering examination is required by all 50 states, the District of Columbia and United States territories to become licensed as a Professional Engineer. During the course of the office’s investigation, it was discovered that PPI had allegedly previously failed to provide its courses in an accessible manner when requested by three other potential students who are deaf.
“The ADA works to ensure equality of opportunity and economic self-sufficiency for individuals with disabilities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This case demonstrates this office’s unwavering commitment to protecting the rights of those who are deaf or hard of hearing to equality of economic opportunity, including access to courses that prepare them for high stakes examinations, such as state licensing examinations.”
To resolve this complaint, PPI agreed to adopt policies that will make its courses accessible; designate an ADA Course Modification Coordinator, who will be responsible for ensuring PPI’s compliance with the ADA; make its online video courses accessible to individuals with disabilities by making it compliant with the Web Content Accessibility Guidelines 2.0, including captioning videos for courses in which a student who is deaf is enrolled; and provide training for its personnel on the ADA’s requirements. PPI also agreed to pay $10,000 to each of the four aggrieved individuals, as well as a $10,000 civil penalty to the United States.
During the course of the investigation of this matter, Kaplan, Inc. acquired PPI in an unrelated transaction.
The matter was handled by Assistant U.S. Attorney Steve Gordon, who is the Civil Rights Enforcement Coordinator for the U.S. Attorney’s Office. The ADA claims settled by this agreement are allegations only; there has been no determination of liability.
The ADA prohibits discrimination by entities that offers examination or courses related to licensing or credentialing for professional or trade purposes. Among other things, entities that offer such courses must offer them in a place and manner accessible to persons with disabilities, including providing appropriate auxiliary aids and services for persons who are deaf or hard of hearing.
The Department of Justice has a number of publications available to assist entities in complying with the ADA, including “ADA Requirements: Effective Communication” and “ADA Requirements: Testing Accommodations.” For more information on the ADA and to access these publications, visit http://www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383. ADA complaints may be filed by email to [email protected].
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Eight Individuals Charged in Mille Lacs Heroin Trafficking ConspiracyRead the Press Release
United States Attorney Erica H. MacDonald today announced the unsealing of a federal indictment charging eight individuals with conspiracy to distribute heroin on the Mille Lacs Indian Reservation.
According to the ten-count indictment, from December 2017 through June 2018, TYRONE JAMES NELSON, 38, ROBERT DONTELL SYKES, 48, and DAVID LEE SNODDY, 36, RAMON FORD, 58, DEVONN ROSE MITCHELL, 23, KRISTIN RAE BOYD, 28, DUWAYNE IVAN SCHWENSEN, 26, and CHASE REED NICKABOINE, 20, knowingly conspired with each other to distribute more than 100 grams of heroin. The defendants are charged with conspiracy and heroin distribution.
“Here in Minnesota, and around the nation, our Native American communities have been disproportionately affected by heroin and opioid abuse. This is unacceptable. My office and our law enforcement partners remain aggressive in our approach to stopping those who infiltrate our communities with this poison,” said U.S. Attorney Erica MacDonald.
“The Band is very grateful for the critical assistance provided by Bureau of Indian Affairs and federal law enforcement officers, and the U.S. Attorney,” said Mille Lacs Band Chief Executive Melanie Benjamin. “I would especially like to thank our Mille Lacs Tribal Police force. They have done outstanding work in leading this effort with our federal partners to address the drug epidemic on our Reservation.”
“The Bureau of Indian Affairs Division of Drug Enforcement (BIA DDE) was instrumental in the investigation,” said Mille Lacs Band Chief of Police Sara Rice. “We worked hand-in-hand with the BIA DDE drug agents. They were incorporated into our department throughout the entire process of investigation during this case. Several other agencies assisted in the lengthy investigation of this conspiracy case. Thank you to the investigators from Mille Lacs, Crow Wing and Sherburne county sheriff’s offices, Lakes Area Drug Investigation Division, Paul Bunyan Drug Task Force, Red Lake Tribal and Minneapolis police departments, Minnesota Bureau of Criminal Apprehension, Drug Enforcement Agency, Minnesota Department of Corrections the U.S. Attorney’s Office and the U.S. Marshal’s Office.”
This case is the result of an investigation led by the Bureau of Indian Affairs and the Mille Lacs Tribal Police Department.
Assistant U.S. Attorney Deidre Y. Aanstad is prosecuting the case.
Defendant Information:
TYRONE JAMES NELSON, 38
City of residence unknown
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 2 counts
ROBERT DONTELL SYKES, 48
City of residence unknown
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 2 counts
- Possession with intent to distribute heroin, 1 count
DAVID LEE SNODDY, 36
Minneapolis, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 2 counts
RAMON FORD, 58
Brooklyn Park, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 1 count
- Possession with intent to distribute heroin, 1 count
DEVONN ROSE MITCHELL, 23
Onamia, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 1 count
KRISTIN RAE BOYD, 28
Onamia, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 2 counts
- Possession with intent to distribute heroin, 1 count
DUWAYNE IVAN SCHWENSEN, 26
Onamia, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 1 count
CHASE REED NICKABOINE, 20
Onamia, Minn.
Charges:
- Conspiracy to distribute heroin, 1 count
- Distribution of heroin, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Drug Dealer Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to possession of a firearm by felon.
According to court documents, Roosevelt Byrd, 46, was suspected of distributing narcotics in downtown Newport News. After being approached by police officers, Byrd fled on foot and discarded a small bag later discovered to contain “crack” cocaine. Once apprehended, Byrd told law enforcement that he had recently purchased a firearm and that he kept it in his residence. Police obtained written consent to search Byrd’s residence and located the firearm exactly as Byrd described it.
Byrd pleaded guilty to being a felon in possession of a firearm and faces a maximum penalty of 10 years in prison when sentenced on August 12. Due to Byrd’s criminal history, he may qualify him as an armed career criminal and thus face a mandatory minimum penalty of 15 years to life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is part of Project Safe Neighborhoods (PSN), which 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Steve R. Drew, Chief of Newport News Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Peter G. Osyf is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-33.
Dominican National Sentenced for Identity TheftRead the Press Release
BOSTON - A Dominican national was sentenced today in federal court in Boston for Social Security fraud and aggravated identity theft.
Robert Crisologo Bobadilla Baez, a/k/a Robert Crisologo Bobadilla Moreta, 43, a Dominican national residing in Boston, was sentenced by U.S. District Court Judge George A. O’Toole to 25 months in prison and one year of supervised release. Bobadilla Baez pleaded guilty in January 2019. He was arrested in July 2018 as part of a law enforcement sweep aimed at detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes. Bobadilla Baez will be deported after he completes his sentence.
Bobadilla Baez unlawfully entered the United States in 2001, flying into New York City using a fake name and counterfeit paperwork. In December 2014, he applied for a Massachusetts ID card using the name, Social Security number, and date of birth of a U.S. citizen from Puerto Rico. His application was granted.
United States Attorney Andrew E. Lelling; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Diplomatic Security Service, Boston Field Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Lelling’s Major Crimes Unit prosecuted the case.
District Man Sentenced to 7 ½ Years in Prison for Brazen Robbery of Convenience Store ATMRead the Press Release
WASHINGTON – Arnold Boon, 33, of Washington, D.C., was sentenced today by Judge Paul L. Friedman, U.S. District Court for the District of Columbia, to over seven years in prison and three years of supervised release resulting from his guilty plea to federal charges stemming from a robbery in which he and at least two others drove a stolen pick-up truck through the front of a Northwest Washington convenience store and hauled off an ATM machine containing at least $130,000. As part of the sentence, Boon was also ordered to pay over $150,000.00 in restitution to the owner of the money stolen and the owner of the building where the store is located.
The announcement was made by U.S. Attorney Jessie K. Liu, Matthew J. DeSarno, Special Agent in Charge of the FBI’s Washington Field Office’s Criminal Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
On April 22, 2019, Boon pled guilty before Judge Friedman to one count of being a felon in possession of a firearm and one count of interference with interstate commerce by robbery.
According to the government’s evidence, on January 19, 2018, at approximately 1:30 a.m., a stolen Ford pickup truck smashed through the front of a 7-Eleven convenience store in the 200 block of Cedar Street NW. The truck was being driven by an unidentified male wearing dark clothing and a mask. Surveillance video captured two other masked men, one later identified as Boon through DNA evidence, entering the convenience store and lifting the store’s ATM machine onto the bed of the truck. While Boon and the other suspects attempted to lift the ATM machine, video from the store captured a gold watch worn by Boon fall to the ground.
A store clerk and at least one customer were inside the store at the time of the robbery. After struggling for several minutes to lift the ATM onto the truck, the men successfully loaded it onto the truck’s bed and Boon climbed onto the bed of the truck while the other two suspects entered the cab of the vehicle and fled the area. Boon and the other suspects fled with more than $130,000 in cash that was inside the ATM.
The stolen vehicle was found idling a short distance from the location of the 7-Eleven with no occupants or the ATM machine. The next morning, the stolen ATM machine was recovered by police in a wooded area in Washington, D.C., with all the currency removed.
Police also recovered the gold watch at the crime scene, and DNA obtained from the watch eventually was matched to Boon. At the time of his arrest on March 17, 2018, Boon was in possession of a loaded semi-automatic pistol, which was recovered from the dresser drawer in his bedroom. Boon has been in custody since his arrest. At the time of the crime, he was barred from possessing a gun because of prior convictions on assault and other charges.
This matter was investigated by the FBI Washington Field Office's Violent Crime Safe Streets Task Force which is composed of FBI Agents and task force officers from MPD and the United States Capital Police. The task force works cooperatively and in partnership with the Capital Region law enforcement community in investigating violent crimes and criminal threats within the region.
In announcing the sentence, U.S. Attorney Liu, Special Agent in Charge DeSarno, and Chief Newsham commended the work of the FBI agents and MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office including Assistant U.S. Attorneys Steven B. Wasserman and Ethan Carroll, and Paralegal Specialist Rommel Pachoca.
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Deerfield Man Pleads Guilty to Importation of A Controlled SubstanceRead the Press Release
CONCORD - Ahmad Khawaja, 22, of Deerfield, pleaded guilty in federal court to importation of a controlled substance, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on or about May 29, 2018, Khawaja, using the internet, purchased approximately 2 pounds of MDMA (“Ecstasy”) from a supplier located in France. Postal inspectors intercepted the packages and confirmed they contained the drug MDMA. Khawaja was arrested on June 1, 2018, in Concord, New Hampshire, when he picked up the packages from a person who had agreed to receive them for him.
Khawaja is scheduled to be sentenced on August 9th 2019.
“Those who use the mails as a means of transport for illegal drugs will find themselves being prosecuted in federal court,” said U.S. Attorney Murray. “Shipping dangerous drugs through the mail is both risky and illegal. To protect postal employees and the general public, we will work closely with our law enforcement partners to identify and prosecute those who attempt to mail illegal drugs into New Hampshire.”
“The U.S. Postal Inspection Service conducts investigations and seeks prosecution of those who use the U.S. Mail to traffic illegal substances such as MDMA,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service’s Boston Division. “Along with our federal law enforcement partners, we will identify and remove illegal drug shipments to keep them from making their way into our communities.”
This matter was investigated by the United States Postal Inspection Service, Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney John S. Davis.
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Dayton Man Pleads Guilty to Robbing Brookville Rite AidRead the Press Release
COLUMBUS, Ohio – A Dayton man has pleaded guilty to charges related to robbing a Rite Aid in Brookville in July 2018.
David Allen Antonio Flemings, Jr., 22, of Dayton, pleaded guilty in U.S. District Court to robbery and possessing oxycodone.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Jonathan McPherson, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Brookville Police Chief Douglas Jerome announced the pleas entered into before U.S. District Michael H. Watson.
According to court documents, Flemings robbed the Rite Aid on N. Wolfcreek in Brookville, Ohio on July 5, 2018.
Flemings approached the pharmacy counter and presented the pharmacy technician with a note that said, “Put Note Back In the Bag. This a armed Robbery. These are the Government pills, not yours or worth your life. I’m willing to kill. Don’t push no silent alarms. Fill 2 bags.” The note also listed specific medications for the pharmacy to provide.
The pharmacist and pharmacy technician each noticed that the note was torn from page 78 of the book titled Common Sense Parenting.
Pharmacy workers complied with the demand for pills and Flemings fled the pharmacy with the narcotics.
The note remained at the pharmacy, though, and was later collected as evidence and submitted to the Miami Valley Regional Crime Laboratory for fingerprinting. The fingerprint results were a match to Flemings.
Robbery and possessing oxycodone with the intent to distribute it are each crimes punishable by up to 20 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the ATF and Brookville Police Department, as well as Assistant United States Attorneys David J. Bosley and Kelly A. Norris, who are representing the United States in this case.
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Colombians Plead Guilty to Drug ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced today that JHON ALBEIRO PINEDA JIMENEZ, age 37, and PEDRO ANTONIO JIMENEZ, age 65, both Colombians, pled guilty yesterday before United States District Judge Martin L.C. Feldman to Count 1 of their Indictment, which charged conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine hydrochloride while upon the high seas on board a vessel subject to the jurisdiction of the United States, under Title 46, United States Code, Sections 70503(a)(1) and 70506(a) and (b), and Title 21, United States Code, Section 960(b)(1)(B)(ii).
According to court documents, PINEDA JIMENEZ and JIMENEZ while aboard a small fishing vessel southwest of the Panama/Costa Rica border, were arrested by the U.S. Coast Guard. Hidden aboard the vessel was over 113 kilograms of powder cocaine.
Each defendant faces a mandatory minimum sentence of 10 years in prison, a maximum life sentence, a possible $10,000,000 fine, and at least 5 years of supervised release after his term of incarceration.
Sentencing is scheduled before Judge Feldman on July 24, 2019.
U.S. Attorney Strasser praised the work of the United States Coast Guard and the United States Department of Homeland Security in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney Brandon S. Long.
Clearfield County Man Sentenced to Prison for Possession of Child PornographyRead the Press Release
JOHNSTOWN, PENNSYLVANIA - A resident of Clearfield County, Pennsylvania, has been sentenced in federal court to a term of imprisonment of four years and six months, to be followed by 10 years of supervised release, on his conviction of possession of material depicting the sexual exploitation of a minor, United States Attorney Scott W. Brady announced today.
United States District Judge Kim R. Gibson imposed the sentence yesterday in Johnstown on Ellis D. Passmore, Jr., 46, of Mahaffey, Pennsylvania.
According to information presented to the court, the Laurel Highlands Resident Agency of the FBI received a lead from the FBI’s Innocent Images Operations Unit regarding an individual in Washington State who produced images of at least three different children as she sexually molested them. The woman transmitted the images over the Internet to individuals whom she met online. Ellis D. Passmore, Jr.’s email address was identified as an address to where the images had been sent.
On October 5, 2015, FBI conducted a knock-and-talk at the Passmore’s residence. He admitted to viewing child pornography images on his computer. Agents obtained a search warrant for Passmore’s electronic devices and a forensic review revealed 1,182 videos depicting the sexual exploitation of prepubescent children, some of which depicted bondage.
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.
Assistant United States Attorneys Shanicka L. Kennedy and Jessica Lieber Smolar prosecuted this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the prosecution of Passmore, Jr.
Chester Man Pleads Guilty to Being A Felon in Possession of A Firearm and Making A False Statement During the Acquisition of A FirearmRead the Press Release
CONCORD - Julion Adamski Parker, a/k/a Julian Iden Lima, 27, of Chester, pleaded guilty in federal court to being a felon in possession of a firearm and making a false statement during the acquisition of a firearm, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on July 11, 2017, Chester Police Department received a call that Parker was inside the Chester General Store with a gun in plain view. Knowing that Parker was previously convicted of Impersonation of a U.S. Officer they went to the store and arrested Parker for being a felon in possession of a deadly weapon.
On March 30, 2017, Parker purchased a Mosin-Nagant, Model M91/30, 7.62 X 39 mm caliber rifle from Riley’s Sport Shop, a federally licensed firearms dealer located in Hooksett, New Hampshire. When Parker completed the required paperwork to make the purchase, he falsely claimed that he had never been convicted in any court of a felony.
On June 20, 2017, Parker went to Granite State Guns and Survival Gear LLC, a federally licensed firearms dealer located in Londonderry, New Hampshire and purchased an Arsenal, Model SAM7R, 7.62 X 39 mm rifle. When Parker completed the required paperwork to make the purchase, he falsely claimed that he had never been convicted in any court of a felony.
Parker is scheduled to be sentenced on August 14th 2019.
“It is unlawful for convicted felons to possess guns,” said U.S. Attorney Murray. “In order to reduce violent crime and maintain public safety, we will continue to be aggressive in our efforts to identify and prosecute criminals who unlawfully possess firearms.”
“ATF is determined to keep guns out of the hands of criminals. Far too many violent crimes result from people who are prohibited from having them. ATF will continue to work with our law enforcement partners to pursue and arrest those who commit these criminal acts,” said ATF Special Agent in Charge Kelly D. Brady.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Chester Police Department. The United States Marshal’s Service assisted in the apprehension of Parker. The case is being prosecuted by Assistant U.S. Attorney Debra Walsh.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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