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13 May 2019
U.S. Attorney Harrington Recognizes Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
Spokane – Joseph H. Harrington, U.S. Attorney for the Eastern District of Washington, recognizes the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed Sunday, May 12 to Saturday, May 18, 2019.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
United States Attorney Harrington said “During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe. As the United States Attorney for the Eastern District of Washington, I want to acknowledge the work performed by federal, state, local, and tribal law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks. We want them to know they have our unwavering support and appreciation.”
According to statistics reported to the FBI, 106 law enforcement officers nationwide were killed in line-of-duty incidents in 2018. The names of all 106 fallen officers will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019. The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
Spokane previously hosted two events to honor law enforcement officers in the State of Washington who were killed or died in the line of duty last week: the Annual Candlelight Ceremony (held on Monday, May 6th) and the 32nd Annual Law Enforcement Officers Memorial Ceremony (held on Tuesday, May 7th).
For more information about other National Police Week events, please visit: www.policeweek.org
U.S. Attorney Dunavant Recognizes Law Enforcement Service and Sacrifice during National Police WeekRead the Press Release
Memphis, TN – U.S. Attorney D. Michael Dunavant recognizes the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed Sunday, May 12 to Saturday, May 18, 2019.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
U.S. Attorney Dunavant said, "During Police week, our nation celebrates the contribution of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in keeping our communities safe. As the United States Attorney for the Western District of Tennessee, I want to acknowledge the work performed by federal, state, local and tribal law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks. We want them to know they have our unwavering support and appreciation."
According to statistics reported to the FBI, 106 law enforcement officers were killed in line-of-duty incidents in 2018.
The names of all 106 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019. The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
For more information about other National Police Week events, please visit www.policeweek.org.
U.s. Attorney Recognizes National Police Week - May 12-18, 2019Read the Press Release
U.S. ATTORNEY RECOGNIZES NATIONAL POLICE WEEK
May 12-18, 2019
U.S. Attorney Christina E. Nolan and members of her office will honor the service and sacrifice of federal, state and local law enforcement on the occasion of National Police Week, which occurs this year from Sunday, May 12 to Saturday, May 18, 2019.During Police Week, our nation celebrates the contributions of police officers from around the country, recognizing their hard work, dedication, loyalty and commitment in protecting our communities. In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
U.S. Attorney Nolan stated: “As the United States Attorney for the District of Vermont, I want to acknowledge the work performed by federal, state and local law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks. We want them to know they have our unwavering support and appreciation. We are so very fortunate to live in the Green Mountain State. Vermont is an extraordinarily attractive place to reside, and that is due, in no small part, to the tireless efforts of officers at all levels of law enforcement to keep us safe. Quietly and consistently, they put themselves in harm’s way to protect their communities. They make decisions every day to stand on the front lines of our campaigns to combat violence, unlawful firearms activity, drug trafficking, and other dangerous crime. This is a tremendous daily sacrifice – on the part of officers, to be sure – but also on the part of their families and loved ones, who support them and hope for their safe return home each day. We must never take for granted their sacrifices and their heroic work.”
This week, the U.S. Attorney’s Office will hold its annual Law Enforcement Awards Ceremony to recognize and celebrate the exceptional work of Vermont investigators and officers. With these awards, we honor the outstanding work of law enforcement officers at all levels in the pursuit of justice and in support of the mission of the U.S. Attorney’s Office.
According to statistics reported to the FBI, 106 law enforcement officers were killed in line-of-duty incidents in 2018. Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 https://ucr.fbi.gov/leoka/2018/ released this week by the FBI. Although there were a number of injuries in the line of duty, thankfully Vermont did not lose an officer last year.
The names of all 106 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31stAnnual Candlelight Vigil on the evening of May 13, 2019. No tickets are required and everyone is welcome. For additional information please call 202-737-3400.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
The U.S. Attorney will attend a ceremony to honor Vermont’s fallen officers on Friday, May 17th at 2:00pm at the Vermont Police Academy. Since 1814, Vermont has lost 36 officers in the line of duty. The bravery and selflessness of these officers cost them their lives. They made this ultimate sacrifice so that Vermonters would be safer. This ceremony is open to the public.
For more information about other National Police Week events, please visit www.policeweek.org.Two Sentenced in Drug Trafficking ConspiracyRead the Press Release
PROVIDENCE, RI – Two of four men who admitted to being members of a Fall River based conspiracy that trafficked cocaine and crack cocaine into Newport were sentenced today to federal prison. The four men were arrested during a Project Safe Neighborhoods investigation by Newport Police in October 2017, when detectives interrupted a scheduled delivery of cocaine in the parking lot of the then Newport Grand casino.
Jose Martinez-Hernandez, 30, was sentenced by U.S. District Court Chief Judge William E. Smith to 36 months in prison to be followed by 3 years supervised release. Martinez-Hernandez pleaded guilty on May 16, 2018, to conspiracy to possess with intent to distribute crack cocaine, possession with intent to distribute cocaine, possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
Jorge L. Pizzaro, aka “Chino”, 21, was sentenced by Chief Judge William E. Smith to 63 months in prison to be followed by 3 years supervised release. Pizzaro pleaded guilty on July 12, 2018, to conspiracy to possess with intent to distribute crack cocaine, possession with intent to distribute cocaine, possession with intent to distribute crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
The sentences are announced by United States Attorney Aaron L. Weisman, Newport Police Chief Gary T. Silva, and Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives Kelly D. Brady.
According to court documents and information presented to the Court, Newport Police detectives learned of a scheduled delivery of 14 grams of cocaine for $600, to occur on October 30, 2017. The delivery was to take place in the parking lot of the then Newport Grand casino. At the time of the scheduled delivery, two vehicles arrived in tandem. Newport Police detectives surrounded the vehicles and detained the occupants. Martinez-Hernandez was found to be carrying a loaded firearm and 11 grams of cocaine. A search of the vehicles and their occupants resulted in the additional seizure of two loaded firearms, 14 grams of cocaine, and 37 individual bags of crack cocaine. Pizzaro was found to be in possession of 37 individual bags of crack cocaine. Under his seat was a loaded firearm.
Also arrested and later charged by way of a federal indictment were Manuel C. Coradin, 38, of Cranston, and Antonio Oquendo Cancel, aka “Loco,” 30, of Fall River.
Coradin pleaded guilty on November 30, 2018, to conspiracy to possess with intent to distribute crack cocaine, possession with intent to distribute cocaine, and possession with intent to distribute crack cocaine. He was sentenced by U.S. District Court Chief Judge William E. Smith on March 8, 2019, to 36 months in federal prison to be followed by 3 years supervised release.
Cancel pleaded guilty on April 4, 2019, to conspiracy to possess with intent to distribute crack cocaine, possession with intent to distribute cocaine, possession with intent to distribute crack cocaine, and possession of a firearm in furtherance of a drug trafficking crime. He is scheduled to be sentenced by Chief Judge William E. Smith on July 11, 2019.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted the Newport Police Department and the United States Attorney’s Office in preparing this Project Safe Neighborhoods case for prosecution.
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.
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Two Parents in College Admission Case Plead GuiltyRead the Press Release
BOSTON – Two California parents charged in the college admissions case pleaded guilty today in federal court in Boston.
Felicity Huffman, 56, and Devin Sloane, 53, both of Los Angeles, Calif., pleaded guilty to one count of conspiracy to commit mail fraud and honest services mail fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for Sept. 13 and Sept. 10, 2019, respectively.
As set forth in the charging documents, Huffman pleaded guilty to conspiring to pay Rick Singer $15,000 to participate in the college entrance exam scheme for her oldest daughter. According to the terms of the plea agreement, the government will recommend a sentence at the low end of the Guidelines sentencing range, one year of supervised release, a fine of $20,000, restitution and forfeiture.
Sloane pleaded guilty to conspiring to pay Singer $250,000 to participate in the college recruitment scheme for his oldest son. According to the terms of the plea agreement, the government will recommend a sentence of one year and one day in prison, one year of supervised release, a fine of $75,000, restitution and forfeiture.
Case information, including the status of each defendant, charging documents and plea agreements are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
The charge of conspiracy to commit mail fraud and honest services mail fraud provides for a maximum sentence of 20 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement today. Assistant U.S. Attorneys Eric S. Rosen, Justin D. O’Connell, Leslie A. Wright, and Kristen A. Kearney of Lelling’s Securities and Financial Fraud Unit are prosecuting the case.
The details contained in the court documents are allegations and the remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Men Charged with Smuggling Oxycodone Pills into Federal PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Donald Barlow, age 58, of Bedford, Virginia and his son, Matthew Barlow, age 28, an inmate at Allenwood Low Security Correctional Institution (LSCI), was charged by criminal information on May 9, 2019, with conspiracy to smuggle Oxycodone pills into LSCI in Lycoming County, Pennsylvania.
According to U.S. Attorney David J. Freed, the criminal information alleges that from June 2014 through August 30, 2014, Donald Barlow and Matthew Barlow made coded references during prison electronic mail exchanges while making plans to smuggle 9.6 Oxycodone pills into the prison hidden inside balloons. Donald Barlow traveled from Virginia to LSCI and delivered, and attempted to deliver the Oxycodone pills to Matthew Barlow in the prison visiting room.
The matter was investigated by the Federal Bureau of Investigation, with the assistance of the investigative staff at the LSCI. Assistant U.S. Attorney George J. Rocktashel prosecuted the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law included imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Individuals Plead Guilty to Trafficking over 60 Pounds of Methamphetamine and HeroinRead the Press Release
Memphis, TN – Two individuals pled guilty to conspiracy to distribute heroin and methamphetamine and distribution of heroin and methamphetamine. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the plea today.
According to information presented in court, on October 22, 2018, agents with the Drug Enforcement Administration, conducted an operation to capture a drug trafficking organization responsible for bringing massive quantities of methamphetamine and heroin to the Memphis area. On that date, law enforcement determined the location of a large-scale drug transaction taking place in Cordova. The agents had previously identified suspects Fatimadeniz Diaz, 33, who is also an illegal alien, and Steven Espinoza Diaz, 26, as the traffickers. After brief surveillance, agents were able to interrupt the drug deal and arrest both suspects. They then located two separate bags containing 62 pounds of methamphetamine and 750 grams of heroin.
On May 2, 2019, both Fatimadeniz Diaz and Steven Espinoza Diaz pleaded guilty to charges of conspiracy to distribute methamphetamine and heroin; and distribution of methamphetamine and heroin.
U.S. Attorney D. Michael Dunavant said, "Distribution of illegal narcotics is not a victimless crime. In order to prevent needless addiction, injury, violence, and death in our communities, we must disrupt and dismantle drug trafficking organizations that deliver this deadly poison to citizens in West Tennessee. These traffickers brought large quantities of meth and heroin into Memphis for resale, and will now reap long prison sentences for their harmful crimes."
Sentencing is scheduled for August 1, 2019 before U.S. District Court Judge Thomas L. Parker. Each defendant faces a mandatory minimumsentence of at least 10 years and up to life in federal prison.
This case was investigated by the Drug Enforcement Administration and the U.S. Department of Homeland Security Investigations.
Special Assistant United States Attorney Joseph Griffith is prosecuting this case on behalf of the government.
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Two Detroit Men Plead Guilty to Federal Heroin OffenseRead the Press Release
HUNTINGTON, W.Va. – Two Detroit men who were caught with heroin last year pled guilty to federal charges, announced United States Attorney Mike Stuart. Drevonte Larnielle Patterson, 21, and Christian Vincent Keith Gordon, 22, both entered guilty pleas to possession with intent to distribute heroin in federal court in Huntington. Stuart commended the investigative efforts of the Huntington Police Department.
“Detroit drug dealers flushing heroin down the toilet,” said United States Attorney Mike Stuart. “Detroit drug dealers have flushed too many lives down the toilet by bringing dangerous drugs into our communities.”
On March 15, 2018, officers executed a search warrant at the apartment located at 156 1/2 Sixth Avenue in Huntington. During the search, Patterson and Gordon were found in the bathroom attempting to flush approximately 49 grams of heroin down the toilet. Officers seized the heroin which Patterson and Gordon admitted they intended to distribute. Patterson and Gordon further admitted they distributed heroin from the apartment during the month of March 2018.
Patterson and Gordon both face up to 20 years in federal prison when they are sentenced on August 26, 2019.
Assistant United States Attorney Joseph F. Adams is handling the prosecutions. United States District Judge Robert C. Chambers presided over the plea hearings.
This case is being prosecuted as part of Operation Synthetic Opioid Surge (S.O.S.), a focused enforcement effort that seeks to reduce the supply of deadly synthetic opioids in high impact areas.
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Three Defendants Sentenced in Huntington for Federal Drug OffensesRead the Press Release
HUNTINGTON, W.Va. – – Three defendants who committed drug offenses last year in Huntington were sentenced today in federal court, announced United States Attorney Mike Stuart. Steven Jamar Alexander, 33, was sentenced to 77 months in federal prison after previously pleading guilty to distributing methamphetamine. In separate prosecutions, Zachary Taylor Lucas, 25, was sentenced to 3 months in federal prison after previously pleading guilty to distributing heroin and Jason Clark Dailey, 27, was sentenced to 12 months and one day in federal prison after previously pleading guilty to distributing fentanyl and illegal possession of a firearm by a drug user. Stuart commended the investigative efforts of the DEA, the FBI Drug Task Force, and the Cabell County Sheriff’s Department.
“Three more defendants; three more drug dealers sentenced to prison,” said United States Attorney Mike Stuart. “We’ve worked hard and we’ve worked smart with federal, state and local law enforcement to clean up the streets of Huntington and Cabell County, and we’ll continue working to ensure public safety.”
In the Alexander prosecution, a confidential informant contacted Alexander on August 14, 2018, to arrange a purchase of methamphetamine. Alexander directed the informant to travel to a gas station in the 2200 block of 8th Avenue in Huntington to complete the transaction. At that location, Alexander met the informant and distributed methamphetamine in exchange $120. As part of his plea, Alexander admitted to distributing methamphetamine to the informant on four other occasions.
In the Lucas prosecution, a confidential informant contacted Lucas on March 26, 2018, to arrange a purchase of heroin. Lucas directed the informant to travel to his residence in Milton to complete the transaction. At that location, Lucas distributed heroin to the informant in exchange for $100. As part of his plea, Lucas admitted that he distributed heroin to the informant on two other occasions and that he was involved in distributing heroin in the Milton area during the months of March and April of 2018.
In the Dailey prosecution, a confidential informant contacted Dailey on June 21, 2018, to arrange a purchase of fentanyl. Dailey directed the informant to travel to his residence in Ona to complete the transaction. At that location, Dailey distributed fentanyl to the informant in exchange for $100. On July 5, 2018, deputies executed a search warrant at Dailey’s residence. During the search, deputies seized heroin and two firearms which Dailey possessed. Dailey admitted that he was a drug user and thus, Dailey was prohibited from possessing firearms. Also as part of his plea, Dailey admitted that he distributed heroin to the informant on another occasion and that he was involved in distributing heroin in the Ona area from February to July of 2018.
Assistant United States Attorney Joseph F. Adams handled the prosecutions. The sentences were imposed by United States District Judge Robert C. Chambers.
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The U.S. Attorney's Office for the Western District of North Carolina Pays Tribute to Fallen Law Enforcement Officers in Observance of National Police WeekRead the Press Release
CHARLOTTE, N.C. – Communities across the United States gather during National Police Week to remember law enforcement officers who made the ultimate sacrifice in the line of duty, to share their stories of courage and sacrifice, and to honor their memory.
“During National Police Week we pay tribute to America’s fallen law enforcement offices who made the ultimate sacrifice. Together with our fallen heroes’ families, friends and fellow officers we come together to grieve for their loss, celebrate their lives and honor their legacy,” said Andrew Murray, U.S. Attorney for the Western District of North Carolina.
In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day, and the calendar week in which May 15 falls as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.
This year, the names of 371 U.S. law enforcement officers killed in the line of duty will be added to the National Law Enforcement Officers Memorial in Washington, D.C., including the names of 158 officers who were killed in 2018, and 213 officers who died earlier in history but whose stories of sacrifice had not been previously documented. North Carolina State Trooper Brandon Peterson will be inducted into the National Law Enforcement Officers Memorial. Trooper Peterson passed away unexpectedly on April 7, 2017. At the time of his death, Trooper Peterson was assigned to Highway Patrol Troop G, which covers Yancey, Mitchell, Avery and Madison Counties.
U.S. Attorney Murray also stated, “Along with remembering the officers who made the ultimate sacrifice, National Police Week is a time to recognize the contributions of all police officers from around the country, who put themselves at harm’s way each day to protect our communities and our neighborhoods. I want the entire law enforcement community to know that they have our unwavering support and appreciation.”
The names of all 371 fallen officers nationwide will be formally dedicated during the 31st Annual Candlelight Vigil on the evening of May 13, 2019 to be held on the National Mall.
Statement from U.S. Attorney Bobby L. Christine in the on-duty death of Savannah Police Sgt. Kelvin AnsariRead the Press Release
SAVANNAH, GA: “It is with heavy hearts that we mourn the loss and honor the selfless service of Savannah Police Department Sgt. Kelvin Ansari,” said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. “After serving 21 years in the U.S. Army, and 10 years as a police officer in Savannah, Sgt. Ansari exemplifies the type of leader who deserves the respect and appreciation of a grateful nation. On behalf of the U.S. Attorney’s Office and our many law enforcement partners, we join in expressing our deepest sympathy to Sgt. Ansari’s wife and four children, and to his many brothers and sisters in blue. Our heartfelt prayers for their comfort are with them today.”
St. Louis Man Pleads Guilty to Carjacking with a Sawed-Off ShotgunRead the Press Release
St. Louis, MO – David Jones, 20, St. Louis, MO, pleaded guilty to one count of carjacking. Jones appeared today before U.S. District Judge Ronnie White, who accepted his plea and set his sentencing date for August 14, 2019, at 10:30 a.m.
According to the plea agreement, on May 22, 2018, the victim and a friend were sitting in the victim’s 2008 Malibu in the 1300 block of Ferguson when Jones and two other individuals approached them and told them to get out of the car. One pointed a short-barreled shotgun and another pointed a handgun at the victims. The three robbers jumped in the car and drove off.
An hour after the carjacking, members of the St. Louis Metropolitan Police Department spotted the stolen Malibu. The Malibu drove in a reckless and dangerous manner before spinning out of control. Jones exited the driver’s seat and, with two others, fled on foot. The pursuing officers saw Jones discard a loaded sawed-off, short-barreled Springfield shotgun. Jones was taken into custody after a foot chase and a struggle.
Jones faces a term of imprisonment of not more than 20 years in prison and a fine of not more than $250,000. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The St. Louis Metropolitan Police Department investigated the case and Assistant United States Attorney Tom Mehan is handling this case.
Springfield Man Pleads Guilty to Drug ConspiracyRead the Press Release
BOSTON - A Springfield man pleaded guilty in federal court in Springfield today to his role in a heroin, cocaine, and crack cocaine conspiracy.
Oscar Rosario, 33, pleaded guilty to one count of conspiracy to distribute heroin, cocaine, and crack cocaine and two counts of distribution and possession with intent to distribute heroin, cocaine, and crack cocaine. U.S. District Court Judge William G. Young scheduled sentencing for July 31, 2019. Rosario has been in custody since his arrest on Dec. 21, 2018, when he and seven co-defendants were charged in a superseding indictment.
According to court documents, co-defendants Nia Moore-Bush and Dinelson Dinzey obtained narcotics in the Springfield area, transported the narcotics to Vermont themselves or via couriers, and distributed the drugs in the Barre area, where drug prices are much higher than in Springfield. Rosario supplied Moore-Bush and Dinzey with heroin, including on two specific dates: Nov. 17, 2017, and Dec. 8, 2017.
Rosario, who has at least one prior serious conviction for a violent offense for which he served more than one year in prison, faces up to 30 years in prison, a minimum of four years of supervised release and a fine of up to $2 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division, made the announcement. Valuable assistance was provided by the Internal Revenue Service’s Criminal Investigations in Boston, the Massachusetts State Police, the Vermont State Police, the Montpelier (VT) and Barre (VT) Police Departments. Assistant U.S. Attorneys Katharine A. Wagner of Lelling’s Springfield Office and Amy Harman Burkart of Lelling’s Boston Office are prosecuting the cases.
The details contained in the indictment are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Six Missourians Among 15 Indicted for Large-Scale Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Six southern Missouri residents are among 15 defendants indicted by a federal grand jury for their roles in a large-scale methamphetamine conspiracy that involved multi-pound shipments of methamphetamine transported from Arizona to Missouri.
Gregory L. Hopper, 34, and Amanda L. Robinson, 27, both of Springfield, Mo.; Leslie T. Ray, 49, and Melissa D. Melencamp, 42, both of Branson, Mo.; Olivia L. Fluke, 34, of Reeds Spring, Mo.; Jason C. Brookshire, 37, of Aurora, Mo.; Manual Edgardo Cortez, also known as “Manny,” 44, Mel Chevez Arnold, 57, Estelle E. Lawson, 50, and George G. Galaz, Jr., 45, all of Tuscon, Ariz.; Christopher K. Perez, also known as “Wombat,” 31, of Silver City, N.M.; Jedediah L. Selke, 44, of Silver City, N.M.; Diandre Valentine, 32, of Chicago, Ill.; Daniel D. Rhea, 32, of Naples, Texas; Joshua S. Speakes, 39, of Mountain Home, Ark.; were charged in a 12-count superseding indictment returned by a federal grand jury in Springfield, Mo., on Thursday, May 9. This superseding indictment replaces a March 26, 2019, indictment that charged only Cortez and Arnold.
The federal indictment alleges that all 15 defendants participated in a conspiracy to distribute methamphetamine in Greene, Christian, Polk, and Taney counties from June 2017 to March 18, 2019.
According to an affidavit filed in support of the original criminal complaint, the investigation began when law enforcement officers seized nearly two pounds of methamphetamine, allegedly supplied by Cortez, from a Branson hotel room. Cortez allegedly used couriers to transport multi-pound loads of methamphetamine from Arizona to Branson. On several of those trips, says the affidavit, couriers transported 15-pound loads of methamphetamine.
On Feb. 20, 2019, Arizona state troopers seized approximately eight pounds of methamphetamine from Arnold during a traffic stop near Phoenix, the affidavit says. The methamphetamine allegedly was supplied by Cortez and destined for Springfield.
In addition to the drug-trafficking conspiracy, Hopper, Robinson, Ray, Melencamp, Fluke, Valentine, Rhea, and Galaz are charged in individual counts related to the distribution of methamphetamine.
Hopper and Robinson are also charged together in one count of possessing firearms in furtherance of a drug-trafficking crime. They allegedly possessed 15 firearms – including four assault rifles, 10 handguns and a shotgun – on Feb. 21, 2019.
Speakes is also charged with possessing a firearm in furtherance of a drug-trafficking crime and with being a felon in possession of a firearm.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HIS); the Branson, Mo., Police Department; the Christian County, Mo., Sheriff’s Department; the Ozark, Mo., Police Department; the Springfield, Mo., Police Department; the Missouri State Highway Patrol; the Silver City, N.M., Police Department; and the Oklahoma Highway Patrol.
Shreveport man pleads guilty to possessing .40-caliber ammunitionRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that Aaron Troquille, 32, of Shreveport, pleaded guilty today before U.S. District Judge Elizabeth E. Foote to possessing .40-caliber ammunition.
According to the guilty plea, Shreveport Police responded to a 911 domestic abuse call on April 18, 2018 at Troquille’s residence on Amie Street. After speaking with the victim, police officers arrested Troquille and learned from him during questioning that Troquille had .40-caliber ammunition in the house. The officers conducted a search of the house and recovered the ammunition.
Troquille is a convicted felon who pleaded guilty to possession with intent to distribute marijuana on May 18, 2011 in Caddo Parish. Under federal law, felons are not allowed to possess firearms or ammunition.
Troquille faces up to 10 years in prison, three years of supervised release and a $250,000 fine. Judge Foote set the sentencing date for August 26, 2019.
The ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney J. Aaron Crawford is prosecuting the case.
Schuylkill County Man Guilty of Production of Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Josiah Ferrebee, age 22, of Pine Grove, Pennsylvania, pleaded guilty on May 9, 2019, before Senior U.S. District Court Judge James M. Munley, to production and attempted to production of child pornography.
According to United States Attorney David J. Freed, Ferrebee admitted to persuading a 14-year-old female from the state of Michigan to take sexually explicit images of herself and send them to him via the internet. Ferrebee also admitted that after he persuaded the minor to take and send some initial images to him, he threatened to post those images online unless she sent him more sexually explicit images of herself, which she did. Ferrebee committed the crime—what some have termed “sextortion”—in January 2016.
Judge Munley ordered a pre-sentence investigation to be completed, and scheduled sentencing for August 12, 2019.
The matter was investigated by the Department of Homeland Security and the Pennsylvania State Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny P. Roberts are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The maximum penalty under federal law for this offense is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. There is also a mandatory minimum sentence of 15 years’ imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Schenectady Woman Sentenced to 57 Months for Role in Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Dalmary Morales, age 38, of Schenectady, New York, was sentenced on May 9 to 57 months in prison for receiving, possessing, concealing, and storing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
The announcement was made by United States Attorney Grant C. Jaquith and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge Norman A. Mordue also sentenced Morales to 3 years of supervised release and ordered that she pay restitution of $48,775.
Morales pled guilty on May 17, 2018. As part of her plea, Morales admitted that she helped Christian Roman and Jose Fontanez steal dozens of firearms from Target Sports by repeatedly driving the men between her apartment and the gun store. Each time, she served as a lookout while the two removed firearms, ammunition, and other property from inside the store through a broken window and placed them in her car. Morales also admitted that she helped Roman and Fontanez inventory the stolen firearms at her apartment and obstructed justice by alerting Roman and Fontanez that authorities were looking for them in the hours after the burglary, resulting in an extended manhunt.
Omar DeJesus, age 32, and Onic Martinez, age 34, both of Amsterdam, New York, pled guilty in 2018 for their roles in stealing, transporting and possessing the firearms. Both men were sentenced to 120 months in prison.
Christian Roman, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports. He is scheduled to be sentenced on May 29, 2019.
Juan Saez, age 35, of Rochester, New York, pled guilty in 2018 for his role in stealing, transporting and possessing the firearms. He is scheduled to be sentenced on August 2, 2019.
Jose Fontanez, age 36, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He is scheduled to be sentenced on August 16, 2019.
The case was investigated by the ATF, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
San Fernando Valley Con Man Pleads Guilty in Multi-Million Dollar Real Estate Fraud Scheme that Targeted Vulnerable HomeownersRead the Press Release
LOS ANGELES – A career con man pleaded guilty today in a federal fraud case stemming from a real estate scam that targeted distressed homeowners, many of whom were elderly individuals who were scammed out of their homes, losing significant equity in the properties accumulated over the course of their lifetimes and sometimes over the course of generations of home ownership.
Michael “Mickey” Henschel, 70, of Van Nuys, pleaded guilty to mail fraud in relation to the scheme that generated more than $17 million in profits and caused homeowners to suffer approximately $10 million in losses when they lost title to their homes and when they were defrauded into giving Henschel and his co-conspirators money as part of the scam. Henschel’s fraudulent conduct also caused losses to mortgage lenders and purchasers of foreclosed properties.
With another defendant pleading guilty today, a total of seven conspirators linked to Henschel’s Van Nuys-based businesses have now pleaded guilty in the scheme that used fraudulent deeds to steal properties from homeowners, and also charged homeowners illegal fees to delay foreclosure and eviction actions.
According to court documents, Henschel – who used various aliases, including “Frank Winston,” “Steve Lopez” and “Ron Berman” – and his co-conspirators tricked distressed homeowners into signing fraudulent deeds on their properties with false promises that the deeds would help homeowners protect their properties from creditors. The fraudulent deeds allowed Henschel and the others to fraudulently file documents on the titles to the targeted homeowners’ properties. For example, they filed fraudulent grant deeds that purported to convey an interest in the properties to entities that Henschel controlled. They also filed fraudulent trust deeds based on fictional loans supposedly guaranteed by the targeted homeowners and fraudulent liens that recorded an interest in the properties based on fictional debts.
Henschel and his co-conspirators benefited from the fraudulent filings in a variety of ways, including through outright theft of the properties, mortgages that co-conspirators obtained on the properties, and rental payments that they obtained from tenants living in the properties. The schemers also made money by demanding payments from the targeted homeowners to clear up the title, and from fraudulent state court civil actions that Henschel and his co-conspirators used to leverage settlement payments.
Four other defendants who worked for Henschel’s various companies recently pleaded guilty to conspiracy to commit mail fraud and bankruptcy fraud. They are:
• Camerino “Mino” Islas, 42, of North Hollywood;
• Claudia “Jessica” Islas, 43, of Reseda;
• Juan Carlos Velasquez, 44, of Sylmar; and
• Eugene “Gene” Fulmer, 84, of Encino, who pleaded guilty today.
Two other individuals – Shara Surabi, 35, of Burbank, and Lidia Alvarez, 55, of Bell Gardens – pleaded guilty in late 2017 to federal charges related to this scheme.
The real estate fraud scheme had two parts – one involving property theft and litigation extortion, and the other involving illegal foreclosure and eviction delay.
In relation to the first aspect of the scheme, Henschel and his co-conspirators identified distressed homeowners who were in default on mortgages or were experiencing financial troubles, even though some had large amounts of equity in their properties. These homeowners were falsely told that Henschel was a sophisticated real estate investor and attorney who would purchase their properties on fair market terms, or he could help protect the homes from creditors. Henschel and the others promised distressed homeowners that they could refinance mortgages or restructure real estate holdings to insulate the properties from creditors, and that Henschel and other co-conspirators could manage the properties on an ongoing basis.
Henschel and the others convinced homeowners to sign fraudulent documents that were recorded on the titles to their homes. In some cases, these fraudulent filings were used to steal properties outright. In other cases, the conspirators exploited the fraudulent filings by initiating foreclosure proceedings and demanding money from homeowners before the properties could be sold. Henschel and his co-conspirators also leveraged the high cost of bringing and defending civil actions to extort settlement payments from homeowners, relying on the fact that it would often be less expensive for homeowners to pay money than to fight them in court.
In the foreclosure rescue part of the scheme, Henschel and his co-conspirators used fraudulent filings to charge homeowners fees to delay foreclosure and eviction actions. Henschel and the others had homeowners sign fraudulent deeds that transferred interests to debtors in bankruptcy cases – but the bankruptcies were fraudulent and used solely as part of the fraudulent scheme, not as part of any genuine effort to restructure or eliminate debts. Many of the fraudulent bankruptcies were filed in the names of fictional people and entities, and some involved stolen identities. Henschel and his co-conspirators sent fake deeds and fraudulent bankruptcy petitions to trustees to stop foreclosure sales, and they delayed evictions in a similar way, mainly by sending bogus documents to various county sheriff’s offices.
As a result of his guilty plea today, Henschel is facing a statutory maximum sentence of 20 years in federal prison. The other six defendants each face up to five years’ imprisonment. Henschel is scheduled to be sentenced by United States District Judge Virginia A. Phillips on August 12, and the four other conspirators who recently pleaded guilty are scheduled to be sentenced on August 26. Surabi and Alvarez are expected to be sentenced later this year.
As part of his plea agreement, Henschel agreed to forfeit money and property that represent proceeds of the fraudulent scheme, including more than $100,000 in cash seized from a bank account and various residential properties in the San Fernando Valley, Glendale and Pasadena.
The case against Henschel and the others are the result of an investigation by the Federal Bureau of Investigation, and the Federal Housing Finance Agency - Office of Inspector General. The United States Trustee’s Office for the Central District of California initially referred the matter for investigation and has provided substantial assistance. Also providing assistance during the investigation were the Alameda County District Attorney’s Office, the Los Angeles County Recorder’s Office, the Alameda County Recorder’s Office, and the San Diego County Recorder’s Office.
This case is being prosecuted by Assistant United States Attorneys Kerry L. Quinn and Eddie A. Jauregui of the Major Frauds Section. The forfeiture part of the case is being handled by Assistant United States Attorney Jonathan S. Galatzan of the Asset Forfeiture Section.
Repeat Johnstown Sex Offender Pleads Guilty to Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Charles Guyer, age 60, of Johnstown, New York, pled guilty today to distributing and receiving child pornography.
The announcement was made by United States Attorney Grant C. Jaquith; Kevin M. Kelly, Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo Field Office; and Acting New York State Police Superintendent Keith M. Corlett.
As part of his guilty plea, Guyer admitted to using two laptop computers equipped with peer-to-peer file-sharing software to download and distribute child pornography. Guyer, who has a prior New York State felony conviction for sexual abuse in the first degree (sexual contact with an individual less than 11 years old), has been in custody since his arrest on April 24, 2018.
Sentencing is scheduled for September 16, 2019 before Senior United States Judge Thomas J. McAvoy. Guyer faces at least 15 years and up to 40 years in prison, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Guyer will also be required to register as a sex offender upon his release from prison.
This case was investigated by HSI and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Repeat Albany Sex Offender Pleads Guilty to Child Pornography PossessionRead the Press Release
ALBANY, NEW YORK – Terry L. Shellenberger, age 50, of Albany, pled guilty today to child pornography possession, announced United States Attorney Grant C. Jaquith.
Shellenberger admitted that on July 21, 2018, while on supervised release for a prior federal felony conviction, he was in possession of a phone that he used to download child pornography videos from the internet. Shellenberger had not previously informed Probation Officers that he had the phone, as he was required to do. Probation Officers found it during an unannounced home visit.
Shellenberger has prior federal convictions for child pornography possession (2006) and failure to register as a sex offender (2017).
Shellenberger, who is in custody, faces at least 10 years and up to 20 years in prison, as well as a term of post-imprisonment supervised release of at least 5 years and up to life, when he is sentenced on September 4, 2019 by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Probation Office for the Northern District of New York, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
This case is being prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Randolph County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Julie Ann Cutright, of Elkins, West Virginia, has admitted to running a drug house, United States Attorney Bill Powell announced.
Cutright, age 33, pled guilty to one count of “Maintaining a Drug-Involved Premises.” Cutright admitted to maintaining a home at 113 Riverview Drive in Elkins that was used for distributing methamphetamine, also known as “ice” from October 2017 to November 2017.
Cutright faces up to 20 years incarceration and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Michael John Aloi presided.
Project Charleston Update: Akron Woman Pleads Guilty to Federal Drug Trafficking CrimeRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, woman who was arrested as part of Project Charleston, pled guilty to a federal drug trafficking crime, announced United States Attorney Mike Stuart. Azriel Irene Westfall, 20, pled guilty to possession with intent to distribute heroin and methamphetamine before Senior United States District Judge John T. Copenhaver, Jr. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT) and the Drug Enforcement Administration.
“Westfall was carrying death and destruction in her purse,” said United States Attorney Mike Stuart. “Project Charleston shut down a significant drug trafficking organization operating between Akron and Charleston. We will continue to hold poison peddlers responsible and put them behind bars for as long as possible.”
On February 28, 2018, police investigators executed a search warrant on a drug house on Mountain Road in Charleston, where Westfall was staying with several other people. The investigators searched Westfall’s purse and found close to 30 grams of a mixture of heroin and carfentanil (a powerful fentanyl analogue); almost 10 grams of heroin; and around 3 grams of ice methamphetamine. Westfall was also carrying over $6,000 in drug proceeds in her purse.
Westfall faces up to 20 years in federal prison when she is sentenced on August 7, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
SDWVNews and USAttyStuart
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Pittsburgh Felon Pleads Guilty to Firearms OffenseRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court on a charge of Possession of a Firearm by a Convicted Felon, United States Attorney Scott W. Brady announced today.
Darby Donta Tigney, 24, of Pittsburgh, pleaded guilty to one count before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, on October 14, 2018, Tigney illegally possessed a 9mm Smith and Wesson handgun. Tigney had been convicted of the felony offense of Possession of a Firearm with an Altered Serial Number in the Court of Common Pleas of Allegheny County just three months earlier on July 30, 2018. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
The law provides for a maximum total sentence of 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Pittsburgh Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Darby Donta Tigney.
The case is being prosecuted as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Pill Mill Physician Sentenced to 13 Years for Conspiracy to Distribute NarcoticsRead the Press Release
A “pill mill” physician who oversaw the illegal prescription of nearly a million units of narcotics with no legitimate medical purpose was sentenced today to 13 years in federal prison, announced U.S. Attorney for the Northern District of Texas Erin Nealy Cox.
Carlos Luis Venegas, 62, was convicted of conspiracy to distribute a controlled substance following a 5-day trial before U.S. District Judge David C. Godbey in early February.
According to evidence presented at trial, Dr. Venegas acted as the supervising physician for a series of sham medical clinics – all merely fronts for the illegal distribution of Hydrocodone and Alprazolam.
“These pill mills help to perpetuate the tragic opioid crisis gripping our country,” U.S. Attorney Nealy Cox said following the guilty verdict. “Last year, America lost, on average, 116 people per day to opioid overdoses. We cannot allow unscrupulous conduct by physicians to add to the supply of dangerous drugs on the streets.”
“The DEA will continue to investigate these types clinics and health care personnel who are facilitating illegal distribution of prescription drugs”, said DEA Special Agent in Charge of the Dallas Field Division Clyde E. Shelley, Jr. “One overdose is one too many”.
At trial, witnesses testified that members of the conspiracy paid homeless and indigent people to pose as patients seeking pain medication. Runners coached these men and women on how to describe their (nonexistent) symptoms, drove them to the clinics, and paid for their appointments.
At the clinics, nurse practitioners and physician’s assistants, working under Dr. Venegas’ supervision, conducted only cursory medical exams, witnesses said. Medical files seized from the clinics showed that most exams were conducted without any medical testing and rarely produced documentation of patients’ purported ailments.
At the conclusion of the visit, patients were almost always prescribed a cocktail of medications, including Hydrocodone and Xanax, generally for the highest dosages available.
Several of his codefendants, including several nurse practitioners and clinic managers, previously pleaded guilty to their roles in the scheme.
Codefendant sentences include:
- Christan Michael Hicks – 70 months
- Craig Zahn – 33 months
- Leslie Rodriguez – 33 months
- Don Broussard – 33 months
- Ron Cunningham – 18 months
- James Christopher Ware (co-owner of clinics, charged in a separate indictment) – 135 months
- Stanley James (co-owner of clinics, also charged in a separate indictment) – 97 months
For more information on the opioid epidemic, see the DEA's National Drug Threat Assessment.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorneys Myria Boehm, Renee Hunter, and Nicholas Bunch prosecuted the case.
Paterson Police Officer Admits Conspiring to Violate Civil Rights, Filing A False Police ReportRead the Press Release
NEWARK, N.J. – A City of Paterson police officer today admitted conspiring with other officers to violate the civil rights of individuals in Paterson, and to filing a false police report to conceal his criminal activity, U.S. Attorney Craig Carpenito announced.
Police Officer Matthew Torres, 30, of Paterson, New Jersey, pleaded guilty before U.S. District Judge Katharine S. Hayden in Newark federal court to an information charging him with conspiracy to violate individuals’ civil rights and filing a false police report.
According to documents filed in this case and statements made in court:
Torres, along with other Paterson police officers, including Eudy Ramos, Jonathan Bustios, Daniel Pent, and others, stopped and searched motor vehicles, without any justification, and stole cash and other items from the occupants of the motor vehicles. Torres and the other officers sometimes used fake paperwork to trick individuals into believing that the cash seizures and vehicle stops represented legitimate law enforcement encounters. Torres and the other officers also stopped and searched individuals on the streets of Paterson, and illegally took their money. To cover up their criminal activity, Torres and his fellow officers filed false police reports.
For example, on Dec. 7, 2017, while on duty, Torres and Ramos conducted a vehicle stop in Paterson. Torres and Ramos searched the vehicle, the driver, and the passenger. The passenger advised Torres and Ramos that he had a small quantity of marijuana. He also had approximately $3,100. Ramos and Torres told the passenger that they could take $500 from the passenger and have him sign a piece of paper. Ramos then placed a call, purportedly to his superior, and told the passenger that the superior officer said it had to be $800. Ramos took out a piece of white paper, wrote something on it, and told the passenger to sign it. Afterwards, Torres and Ramos released the driver and passenger. Torres and Ramos stole approximately $800 from the passenger, and they shared the stolen cash proceeds. In order to conceal their theft of monies, Torres and Ramos each omitted the encounter from their daily Paterson Police Department activity logs.
The conspiracy to violate civil rights charge carries a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each count is $250,000. Sentencing is scheduled for Sept. 9, 2019.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation leading to today’s arrest. He also thanked the Passaic County Prosecutor’s Office, under the direction of Passaic County Prosecutor Camelia M. Valdes, the Paterson Police Department, under the direction of Paterson Police Director Jerry Speziale and Police Chief Troy Oswald, and the Paterson Police Department Office of Internal Affairs, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Rahul Agarwal, Deputy Chief of the Criminal Division.
Defense counsel: John C. Whipple Esq., Morristown, New Jersey
Pain Doctor Sentenced for Using Patient Names Fraudulently to Obtain Controlled SubstancesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Paul Biddle, 54, of Amherst, NY, who was convicted of identity theft and possession of unlawful hydromorphone HCL, was sentenced to two years probation by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that Biddle was an anesthesiologist and pain management doctor who also operated a medical marijuana practice. Between February 9, 2015 and October 16, 2017, the defendant was prescribing controlled substances for two deceased patients. Biddle knew the patients were deceased and used their names and dates of birth knowingly and without lawful authority to obtain controlled substances for himself.
After the death of one of the patients, Biddle wrote 10 prescriptions using the deceased patient’s name and date of birth between November 21, 2016 and October 16, 2017. All of these prescriptions were filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. After the death of the second patient, the defendant wrote 23 prescriptions using that deceased patient’s name and date of birth between February 9, 2015 and August 7, 2017. All of these prescriptions were also filled by a pharmacy in Tampa, FL, and shipped directly to the defendant’s home or office. Biddle was obtaining these prescriptions and using them himself.
The sentencing is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division; the Federal Bureau of Investigation, Western New York Healthcare Fraud Task Force, under the direction of Special Agent-in-Charge Gary Loeffert; the New York State Department of Financial Services, under the direction of Linda Lacewell, Superintendent of Financial Services; Department of Health and Human Services, Office of Inspector General, Office of Investigations, under the direction of Special Agent-in-Charge Scott Lampert; and the Amherst Police Department, under the direction of Chief John Askey.
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Orleans Parish Man Charged with Conspiring to Commit Identity TheftRead the Press Release
NEW ORLEANS – U.S. Attorney Peter G. Strasser announced the filing of a Bill of Information Friday, May 10, 2018 charging ARNOLD TREVELL WILLIAMS, age 37, of New Orleans, Louisiana, with one count of conspiracy to commit identity theft.
According to court documents, the defendant conspired with others to obtain personal information, such as names, dates of birth and Social Security numbers, from real persons in order to create fake driver’s licenses. The information was used to apply for loans in order to buy vehicles. Specifically, WILLIAMS used the identity of another person on or about May 11, 2017, to buy a 2014 BMW Series 7 car for the sum of $44,994.10.
If convicted, WILLIAMS faces imprisonment of up to two years, a maximum $250,000.00 fine, and up to (3) three years of supervised release.
U.S. Attorney Strasser reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Strasser also praised the agencies that contributed to this Bill of Information. This prosecution represents the coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department. Additionally, U.S. Attorney Strasser thanked the Jefferson Parish District Attorney’s Office for their assistance. Assistant United States Attorney Edward J. Rivera is in charge of the prosecution.
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Ohio man admits to methamphetamine distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Victor Ramel Chancler Witcher, of Akron, Ohio, has admitted to methamphetamine distribution, United States Attorney Bill Powell announced.
Witcher, age 35, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Witcher admitted to working with others to distribute more than 500 grams of methamphetamine from March 2018 to May 2018 in Mineral, Grant, and Randolph Counties.Witcher faces not less than ten years and up to life incarceration and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Federal Bureau of Investigation; the Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; and the Ravenswood Police Department investigated.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
U.S. Magistrate Judge Robert W. Trumble presided.
New Jersey Man Indicted on Child Pornography, Cyberstalking ChargesRead 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 a federal grand jury has returned a 29-count indictment charging Timothy Myers, 34, of Freehold, NJ, with production, receipt, and distribution of child pornography, sexual enticement of minors, and cyberstalking. The charges carry a minimum of five years in prison and a maximum penalty of life in prison, and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that according to the indictment and a previously filed complaint, between December 2016 and August 2017, the defendant pretended to be a younger male, using the names CJ Mikowski and Colin James, and targeted girls as young as 12 years old on Facebook. Myers made the girls believe they were in a romantic relationship with him and persuaded the girls to end him sexually explicit images. When the girls did not send Myers the requested images, or attempted to break off communication, the defendant threatened to expose them by distributing their pictures to other people. In the case of one victim, Myers drove the minor from New York to New Jersey for sex on two occasions. There are at least five victims identified in the Western District of New York.
Myers was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending further proceedings.
The indictment is the result of an investigation by New York State Police, under the direction of Major Edward Kennedy, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Nevada U.S. Attorney Recognizes Law Enforcement Service and Sacrifice During National Police WeekRead the Press Release
LAS VEGAS, Nev. – Nevada United States Attorney Nicholas A. Trutanich recognizes the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed from Sunday, May 12 to Saturday, May 18, 2019.
In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
“During Police Week, our nation celebrates the contributions of police officers from around the country. We thank the brave men and women who often face uncertain and dangerous situations without question and without expectation of thanks,” said U.S. Attorney Trutanich. “As the chief federal law enforcement officer in Nevada, I recognize and acknowledge their hard work, dedication, loyalty, and commitment in keeping our communities safe. They have our unwavering support and appreciation.”
According to statistics reported to the FBI, 106 law enforcement officers were killed in the line-of-duty in 2018. In Nevada, Department of Public Safety Corrections Officer Kyle L. Eng died in the line of duty on July 19, 2018.
Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 released this week by the FBI.
The names of all 106 fallen officers nationwide will be formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019. No tickets are required and everyone is welcome. For additional information please call 202-737-3400.
The Candlelight Vigil is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
For more information about other National Police Week events, please visit www.policeweek.org.
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Nearly 100 Charged in Massive Marriage Fraud SchemeRead the Press Release
HOUSTON – A total of 50 people are now in custody following the return of a 206-count indictment alleging varying roles in a large-scale marriage fraud scheme, announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and District Director Tony Bryson of U.S. Citizenship and Immigration Services (USCIS). The federal grand jury returned the massive indictment April 30, 2019, charging 96 individuals. To date, law enforcement has taken 50 into custody. Of those, nine are set to appear for a detention hearing before U.S. Magistrate Judge Nancy Johnson at 10:00 a.m. today. The indictment remains sealed as to those charged but not as yet in custody. “These arrests mark the culmination of a comprehensive year-long multi-agency investigation into one of the largest alleged marriage fraud conspiracies ever documented in the Houston area,” said Dawson. “By working together with our partners from various federal law enforcement agencies we have sent a resounding message that we are united in our effort to disrupt and dismantle criminal organizations that seek to circumvent U.S. law by fraudulent means.” The investigation targeted a suspected criminal organization allegedly operating a large-scale marriage fraud scheme. The scam involved the creation of sham marriages in order to illegally obtain admission and immigrant status for aliens in the United States, according to the indictment. The charges allege Ashley Yen Nguyen AKA Duyen, 53, of Houston, headed the Southwest Houston-based organization and had associates operating throughout Texas and Vietnam. “Marriage fraud is a serious crime. This indictment reveals how successful our working relationships are with our law enforcement and intelligence partners when it comes to investigating marriage fraud,” said Bryson. “USCIS remains steadfast in our commitment to ensuring national security, public safety and the integrity of the immigration system.” A sham marriage is a marriage that is entered into for the primary purpose of circumventing immigration laws. The indictment alleges the marriages involved in this conspiracy were shams because the spouses did not live together and did not intend to do so, contrary to documents and statements they submitted to USCIS. The spouses only met briefly, usually immediately before they obtained their marriage license, or not at all, according to the charges. The spouses allegedly entered into the marriage pursuant to a financial arrangement for the primary purpose of circumventing U.S. immigration laws. According to the charges, each beneficiary spouse entered in an agreement with Duyen in which they would pay approximately $50,000 - $70,000 to obtain full lawful permanent resident status. The agreements were allegedly prorated in that they would pay an additional amount for each immigration benefit they received, such as admission into the United States, conditional permanent resident status and full lawful permanent resident status. In addition, Duyen and others recruited other United States citizens to act as petitioners in the sham marriages, according to the indictment, who received a portion of the proceeds received from the beneficiary spouses. Several individuals that were recruited as petitioners soon after became recruiters themselves, according to the allegations. Others were also allegedly in charge of receiving the proceeds from the beneficiary spouses and disbursing the payments to the petitioners. The indictment also charges several individuals to act as guides for U.S. citizen petitioners who allegedly travelled to Vietnam under the guise they were going to meet his/her fiancé. In truth, according to the indictment, they were beneficiary spouses paying the criminal organization in order to circumvent United States law. The criminal organization also allegedly prepared fake wedding albums which were provided to the petitioner and beneficiary spouse that included photographs to make it appear as if they had a wedding ceremony above and beyond a simply courthouse marriage. The indictment further alleges the criminal organization provided false tax, utility and employment information to help ensure USCIS would approve the false immigration forms. Also indicted is attorney Trang Le Nguyen aka Nguyen Le Thien Trang, 45, of Pearland, for obstructing and impeding the due administration of justice and tampering with a witness, victim or informant. According to the indictment, Nguyen allegedly prepared paperwork associated with at least one of the fraudulent marriages and told a witness who provided information to law enforcement to go into hiding, not engage in any air travel that may alert federal law enforcement to her presence and not provide any further information to law enforcement. The charges include 47 counts of marriage fraud, 50 counts of mail fraud, 51 counts of immigration fraud, 51 counts of false statements under oath in matter relating to registry of aliens and one count each of conspiracy to engage in marriage fraud, conspiracy to commit mail fraud, conspiracy to commit immigration fraud, conspiracy to make false statements under oath in matter relating to registry of aliens, unlawful procurement of naturalization, obstructing and impeding the due administration of justice and tampering with a witness, victim or informant. Conspiracy to commit mail fraud, mail fraud and tampering with a witness, victim, or informant all carry possible 20-year federal prison sentences. If convicted of conspiracy to commit marriage fraud or marriage fraud, those charged face up to five years in prison. The remaining charges all have maximum possible 10-year-terms of federal imprisonment. HSI and USCIS conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman, Michael Day and Kate Suh are prosecuting the case. An indictment is an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.Montgomery Woman Convicted of Ten Counts of Filing False Tax ReturnsRead the Press Release
Montgomery, Alabama – On Thursday, May 9, 2019, a federal jury convicted a Montgomery woman, Laquanda Gilmore Garrott, 39, on ten counts of aiding and assisting the filing of a false federal income tax return, announced United States Attorney Louis V. Franklin, Sr. and Special Agent in Charge Thomas J. Holloman, III of the Internal Revenue Service’s Criminal Investigation Division.
The trial evidence showed that, from 2011 through 2015, Garrott operated a tax preparation business called L&G Associates, LLC. Garrott’s business was located in a shopping center off of the Southern Boulevard in Montgomery. At her business, Garrott knowingly put false information on her client’s tax returns in order to artificially inflate the clients’ tax refunds and, in turn, her own fees. For example, Garrott falsely claimed that one client lost more than $30,000 on a side lawn care business even though she knew the client did not operate such a business. By including the false business losses, Garrott was able to offset the client’s taxable income and make the client eligible for a refundable tax credit, the Earned Income Tax Credit.
Garrott’s business was very profitable. During the trial, the government established that during 2014 and 2015, Garrott prepared over 1,500 returns and collected more than $370,000 in tax preparation fees.
Following these convictions, Garrott is facing up to 3 years in prison on each count, substantial fines, and an order of restitution. There is no parole in the federal system.
“Filing false tax returns is not only a crime against the government, it is also a crime against each American taxpayer,” commented United States Attorney Franklin. “Ms. Garrott removed hard-earned tax dollars from the public coffers for her own profit. My office will continue to work with our law enforcement partners to identify tax cheats and prosecute them to the fullest extent of the law.”
“As filing season has now come to an end, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced by the guilty verdict of Laquanda Garrott. This verdict sends a clear message that IRS Criminal Investigation operates year round to protect the integrity of our tax system," stated Thomas J. Holloman, III, Special Agent in Charge of the Atlanta Field Office. “This verdict is an important victory for America's taxpayers who play by the rules and have no tolerance for those who make up their own rules. This conviction serves to remind us that there is no such thing as free money and there are no awards or incentives for creativity when it comes to crime.”
The case was investigated by the Internal Revenue Service’s Criminal Investigation Division. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour are prosecuting the case.
Michigan Man Pleads Guilty to Running Apple “Empty-Box” Fraud SchemeRead the Press Release
SAN JOSE – Van-Seyla Mork pleaded guilty in federal court in San Jose today to wire fraud and money laundering, announced United States Attorney David L. Anderson and Federal Bureau of Investigation Special Agent in Charge John F. Bennett.
In pleading guilty, Mork admitted to perpetrating a refund fraud scheme against Apple, Inc. Specifically, Mork admitted that he initiated fraudulent complaints to Apple’s customer service department, each complaint alleging, on behalf of Apple customers, that a purchased Apple product had not been mailed to an Apple customer as it should have been, but that instead only an empty Apple box had been mailed to the Apple customer’s mailing address. Mork further admitted that at the time he submitted these complaints, he knew these assertions were false and that Apple had, in fact, mailed the purchased products to the individual purchasers. Through this fraudulent scheme, Mork admitted that he caused Apple to issue $1,000,000 in refunds for undelivered Apple products that had, in fact, been delivered. Moreover, Mork admitted that he transferred the proceeds of this fraudulent scheme through various bank accounts with the intent of concealing the nature and location of these wire-fraud proceeds.
Mork, 25, of Kalamazoo, Michigan, was charged by an Information filed on November 30, 2018. He was charged with one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, five counts of wire fraud, in violation of Title 18, United States Code, Section 1343, and four counts of money laundering, in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i). Under the plea agreement, Mork pled guilty to one count of wire fraud and one count of money laundering.
Mork was released on bond. Bail was set at $50,000.
Mork’s sentencing hearing is scheduled for October 21, 2019 at 1:30 before the Honorable Edward J. Davila, U.S. District Court Judge, in San Jose. The maximum statutory penalty for each count of wire fraud in violation of Title 18, United States Code, Section 1343 is 20 years imprisonment and a fine of $250,000, plus restitution and each count of money laundering in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i) is 20 years imprisonment and a fine of $500,000, plus restitution. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Jeff Schenk is the Assistant U.S. Attorney who prosecuted the case with the assistance of Tong Zhang. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Mexican National Sentenced for Marijuana Cultivation in Protected WildernessRead the Press Release
FRESNO, Calif. — Rodolfo Torres-Galvan, 30, (Torres), of Michoacán, Mexico, was sentenced today to three years and 10 months in prison for conspiring to manufacture, distribute, and possess with intent to distribute marijuana, U.S. Attorney McGregor W. Scott announced.
Torres’ sentencing follows his guilty plea entered earlier this year. According to court documents, Torres and his co-defendants, Mauricio Vaca-Bucio (Vaca), 31, and Felipe Angeles Valdez-Colima (Valdez), 35, both Mexican nationals, were apprehended after a two-month investigation in the Kiavah Wilderness, a federally designated wilderness area in the Sequoia National Forest. Law enforcement officers saw Torres and Valdez emerge from the forest and enter a Camaro driven by Vaca. They were subsequently stopped in Weldon. Officers found freshly harvested marijuana in the Camaro and located over 1,800 marijuana plants at the grow site on the trail that led to the drop point. The officers also found deadly illegal pesticides, including carbofuran and zinc phosphide, in both the vehicle and at the grow site. In sentencing Torres, U.S. District Judge Dale A. Drozd also ordered Torres to pay $7,620 in restitution to the U.S. Forest Service for the environmental damage caused by the cultivation operation.
The United States Congress designated the Kiavah Wilderness in 1994, and it is managed by the Bureau of Land Management and the Forest Service. This wilderness area is part of the National Cooperative Land and Wildlife Management Area and the Bureau of Land Management’s Jawbone-Butterbredt Area of Critical Environmental Concern.
This case is the product of an investigation by the U.S. Forest Service with assistance from Enforcement and Removal Operations of Immigration and Customs Enforcement (ICE), Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, California National Guard, Kern County Sheriff’s Office, and Kern County Probation Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Valdez and Vaca have pleaded guilty and are scheduled for sentencing on May 20 and July 29, respectively. They face a minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with a $10 million fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Manhattan U.S. Attorney Settles Civil Fraud Claims Against Medical Device Distributor for Selling Products Not Approved by the FDARead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Jeffrey E. Shuren, M.D., director of the Center for Devices and Radiological Health at the U.S. Food and Drug Administration (“FDA”), announced today that the U.S. has settled civil fraud claims under the False Claims Act against CAREFUSION CORPORATION (“CAREFUSION”), a medical device distributor based in San Diego, California, for buying and selling medical devices that were not approved or cleared by the FDA. These unapproved and uncleared devices were then used by medical providers in medical procedures, and the providers submitted claims for reimbursement to federal healthcare programs, such as Medicare and Medicaid, for those procedures. As part of the settlement, approved May 7, 2019, by U.S. District Judge Edgardo Ramos, CAREFUSION agreed to pay the Government $3.3 million and admitted to buying and selling medical devices that had not received the requisite approval or clearance from the FDA.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Medical devices that do not have the required FDA approval or clearance cannot be bought and sold for use on patients. When unapproved devices are used in medical procedures, it presents a public health and safety risk, and federal health insurance programs should not foot the bill. Medical device distributors must follow FDA rules and this Office will continue to hold them accountable when they don’t.”
Director Jeffrey E. Shuren, M.D. said: “Americans rely on FDA oversight to ensure that their medical devices are safe and effective. When companies sell devices without proper authorization, they may be putting patients’ health at risk. We will continue to investigate and bring to justice companies that attempt to subvert the regulatory functions of the FDA, which are intended to protect the public health. We commend the efforts of the Department of Justice for their vigorous pursuit of justice in this matter.”
Since 1976, many different kinds of medical devices must, depending on the degree of patient risk, be approved or cleared by the FDA before they can be marketed for use on patients. There is a grandfather exception for medical devices that were legally in commerce prior to 1976, which are known as “pre-amendment” devices. To qualify for pre-amendment status, the device’s owner (typically the manufacturer) must, among other things, have marketed the device prior to May 28, 1976.
In the settlement, CAREFUSION admitted to distributing medical devices for which the device manufacturer (the “Manufacturer”) had not obtained the required approvals or clearances from the FDA and for which the Manufacturer could not demonstrate that the pre-amendment exception applied. In particular, CAREFUSION admitted that:
- From 2007 to 2014, the Manufacturer sold devices for which the Manufacturer (i) had not obtained approval or clearance from the FDA to market; (ii) was relying on the pre-amendment status exemption to market, but (iii) lacked the required evidence to demonstrate that the devices qualified for the pre-amendment status exemption.
- During that period, CAREFUSION purchased devices from the Manufacturer that the Manufacturer wrongly claimed qualified for the pre-amendment status exception, and then sold those devices to hospitals and other health care providers.
- Some of those devices were used in procedures for which providers submitted claims for reimbursement to federal health care programs.
- While the Manufacturer provided CAREFUSION with the evidence on which it was relying to justify its claim that the devices qualified for the pre-amendment status exemption, that evidence was insufficient.
- After the FDA issued a warning letter to the Manufacturer in 2014 and the Manufacturer issued recall notices for the devices at issue, CAREFUSION ceased selling and distributing the devices.
Of the $3.3 million that CAREFUSION agreed to pay under the settlement, $2,821,539.92 will go to the United States and $478,460.08 will go to states adversely affected by CAREFUSION’s conduct through separate settlements with those states.
In connection with this settlement, the United States joined a private whistleblower lawsuit that had previously been filed under seal pursuant to the False Claims Act. The whistleblower suit remains under seal as the Government continues its investigation.
Mr. Berman thanked the FDA, the Department of Health and Human Services Office of Inspector General, and the Centers for Medicare and Medicaid Services for their invaluable assistance in this matter.
The case is being handled by the Office’s Civil Frauds Unit. Assistant United States Attorneys Sharanya Mohan and Mónica P. Folch are in charge of the case.
Leavenworth Man Sentenced to 10+ Years for Child PornographyRead the Press Release
KANSAS CITY, KAN. – A Leavenworth man was sentenced Monday to 121 months in federal prison for receiving and distributing child pornography, U.S. Attorney Stephen McAllister said. In addition, the defendant was ordered to pay $6,500 in restitution.
Pedro Zamora, 36, Leavenworth, Kan., pleaded guilty to one count of receipt and distribution of child pornography. In his plea, he admitted that investigators found 127 videos and 1,900 images containing child pornography on a computer in his home. He used file sharing programs to collect and distribute the images. Zamora told investigators he began searching for child pornography on the internet when he was in middle school.
McAllister commended the Overland Park Police Department, the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Lawrence Man Convicted of Participating in a Conspiracy to Distribute FentanylRead the Press Release
CONCORD – United States Attorney Scott W. Murray announced that on Friday, May 10, 2019, a federal jury found Santo Benito Lara, 46, of Lawrence, Massachusetts, guilty of participating in a conspiracy to distribute fentanyl.
Evidence presented during the four-day trial showed that beginning at least in May of 2018, the defendant participated in a conspiracy to sell fentanyl to a customer in Salem, New Hampshire. After the DEA received information about the conspiracy, it began an investigation into the Lara's activities. Between May and September of 2018, Lara and another individual sold fentanyl in Lawrence to a cooperating individual on multiple occasions.
Lara is scheduled to be sentenced on August 27, 2019.
“I am grateful for the jury’s verdict in this case,” said U.S. Attorney Murray. “This prosecution highlights ongoing cooperative efforts by law enforcement in New Hampshire and Massachusetts to identify and prosecute those responsible for the interstate distribution of fentanyl and other lethal drugs. We will continue to work in conjunction with all of our law enforcement partners to stop the flow of fentanyl into the Granite State.”
“Fentanyl is causing tremendous damage to the Granite State,” said DEA Special Agent in Charge Brian D. Boyle. “Let this verdict be a warning to those traffickers who are coming from out of state to distribute this poison in order to profit and destroy people’s lives. DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this deadly drug.”
This matter was investigated by the DEA, with assistance from the New Hampshire State Police and the Essex County (MA) Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorneys Anna Dronzek and Jarad Hodes.
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Lake Charles resident sentenced to 12 years for selling hundreds of Oxycodone pillsRead the Press Release
LAKE CHARLES, La. – United States Attorney David C. Joseph announced that John Homer Legros Jr., 40, of, Lake Charles, who sold hundreds of Oxycodone pills was sentenced May 9, 2019 by U.S. District Judge Donald E. Walter to 12 years in prison and three years of supervised release.
The defendant, along with his wife Veronica Gray Legros, 39, and Billy Winbush, 41, also of Lake Charles, illegally sold Oxycodone pills at various times and then laundered the proceeds to finance the construction of a house. The location of the last Oxycodone sale was changed numerous times to evade law enforcement with the sale eventually taking place at a store in Lake Charles. Law enforcement agents later searched Legros’ home and found a sheet of paper containing names and birth dates and a sheet of paper similar to a prescription pad with writing that resembled shorthand used by a doctor to prescribe a patient oxycodone. During this investigation, law enforcement officers also discovered that Legros was financing the construction of a large house with cash from the drug sale proceeds. As a result, the property was forfeited to the United States.
John and Veronica Legros pleaded guilty to the federal charges on January 30, 2019, and Winbush pleaded guilty on January 14, 2019. Veronica Legros and Billy Winbush were also sentenced on May 9, 2019. Veronica Legros was sentenced to five years of supervised probation and 100 hours of community service; Billy Winbush was sentenced to two years of supervised probation and 50 hours of community service.
The FBI and the Calcasieu Parish Combined Anti-Drug Task Force conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Justice Department and Louisiana Supreme Court Reach Agreement to Provide Language Assistance for Individuals Not Proficient in EnglishRead the Press Release
The Department of Justice has reached an agreement with the Louisiana Supreme Court (LSC) that recognizes the LSC’s commitment to work with the Louisiana Judiciary to phase-in a language access program that will provide oral and written language assistance services at no cost to limited English proficient (LEP) individuals in all state court proceedings and operations.
“I commend the Louisiana Supreme Court for its commitment to work with all state courts in Louisiana to ensure meaningful access for LEP individuals,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The collaborative relationship between the Department of Justice and the Louisiana Supreme Court will only strengthen ongoing Louisiana Supreme Court efforts to ensure equal access to justice for all.”
“This agreement is a partnership to ensure that all people, no matter their national origin, can fully and fairly access Louisiana state courts,” said U.S. Attorney Peter Strasser. “My office is committed to preventing Title VI discrimination, in all forms, in the Louisiana Judiciary.”
This agreement resolves a Department of Justice investigation of a complaint alleging that Louisiana state courts failed to provide language access for LEP individuals, including a failure to provide LEP individuals with qualified interpreters in civil proceedings, in violation of Title VI of the Civil Rights Act of 1964 and its regulations (Title VI). The agreement is a commitment by the LSC to work with the Department of Justice to ensure the consistent delivery of language assistance services in the Louisiana Judiciary.
During the course of the investigation, LSC began taking steps to improve language services in state courts by retaining a Language Access Coordinator responsible for continuing to improve the LSC’s efforts and initiatives to comply with Title VI. LSC also developed technical assistance tools and provided trainings to Louisiana state court judges about how to address encounters with LEP individuals. Among other commitments in the agreement, the LSC will conduct an assessment of the Louisiana Judiciary to further inform the development of a more robust language access program. The LSC will also work with the Department of Justice to create a statewide language access plan that will include a template so that each state court can develop its own plan.
This matter was jointly investigated by attorneys Dylan Nicole de Kervor and Michael Mulé of the Civil Rights Division’s Federal Coordination and Compliance Section and Assistant U.S. Attorney David Howard Sinkman of the U.S. Attorney’s Office for the Eastern District of Louisiana.
This complaint was resolved as part of FCS’s efforts to ensure that state courts comply with Title VI language access requirements. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions with U.S. Attorneys’ Offices across the country.
Justice Department and Louisiana Supreme Court Reach Agreement to Provide Language Assistance for Individuals Not Proficient in EnglishRead the Press Release
WASHINGTON – The Department of Justice has reached an agreement with the Louisiana Supreme Court (LSC) that recognizes the LSC’s commitment to work with the Louisiana Judiciary to phase-in a language access program that will provide oral and written language assistance services at no cost to limited English proficient (LEP) individuals in all state court proceedings and operations.
“I commend the Louisiana Supreme Court for its commitment to work with all state courts in Louisiana to ensure meaningful access for LEP individuals,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The collaborative relationship between the Department of Justice and the Louisiana Supreme Court will only strengthen ongoing Louisiana Supreme Court efforts to ensure equal access to justice for all.”
“This agreement is a partnership to ensure that all people, no matter their national origin, can fully and fairly access Louisiana state courts,” said U.S. Attorney Peter Strasser. “My office is committed to preventing Title VI discrimination, in all forms, in the Louisiana Judiciary.”
This agreement resolves a Department of Justice investigation of a complaint alleging that Louisiana state courts failed to provide language access for LEP individuals, including a failure to provide LEP individuals with qualified interpreters in civil proceedings, in violation of Title VI of the Civil Rights Act of 1964 and its regulations (Title VI). The agreement is a commitment by the LSC to work with the Department of Justice to ensure the consistent delivery of language assistance services in the Louisiana Judiciary.
During the course of the investigation, LSC began taking steps to improve language services in state courts by retaining a Language Access Coordinator responsible for continuing to improve the LSC’s efforts and initiatives to comply with Title VI. LSC also developed technical assistance tools and provided trainings to Louisiana state court judges about how to address encounters with LEP individuals. Among other commitments in the agreement, the LSC will conduct an assessment of the Louisiana Judiciary to further inform the development of a more robust language access program. The LSC will also work with the Department of Justice to create a statewide language access plan that will include a template so that each state court can develop its own plan.
This matter was jointly investigated by attorneys Dylan Nicole de Kervor and Michael Mulé of the Civil Rights Division’s Federal Coordination and Compliance Section and Assistant U.S. Attorney David Howard Sinkman of the U.S. Attorney’s Office for the Eastern District of Louisiana.
This complaint was resolved as part of FCS’s efforts to ensure that state courts comply with Title VI language access requirements. The FCS courts team provides policy guidance and technical assistance to state court systems and undertakes enforcement actions with U.S. Attorneys’ Offices across the country.
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Judge Sentences Aliquippa Drug Dealer to 8 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA - A Beaver County resident has been sentenced in federal court to 8 years (96 months) in prison and five years supervised release on his conviction of violations of the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Mark R. Hornak imposed the sentence on Che Turner, age 39, of Aliquippa, PA.
According to information presented to the court, Smith conspired with others to distribute and possess with intent to distribute a quantity of a mixture and substance containing a detectable amount of cocaine totaling between 200 and 300 grams.
Assistant United States Attorney Robert C. Schupansky prosecuted this case on behalf of the government.
This prosecution was part of a long-term investigation by the FBI Greater Pittsburgh Safe Streets Task Force (GPSSTF), which targeted a large scale Drug Trafficking Organization operating in Butler, Beaver and Allegheny Counties. The GPSSTF is comprised of dedicated law enforcement professionals from the Wilkinsburg Police Department, Pennsylvania Attorney General’s Bureau of Narcotics Investigations, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pittsburgh Bureau of Police and the FBI.
This investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
United States Attorney Brady commended the Federal Bureau of Investigation, along with the other federal, state and local agencies involved, for the investigation leading to the successful prosecution of Turner.
Jeremy Reichberg Sentenced to 48 Months in Prison for Orchestrating NYPD Bribery Scheme and Obstructing JusticeRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, announced today that JEREMY REICHBERG was sentenced to 48 months in prison for bribery, corruption, and obstruction offenses related to his participation in a years-long scheme to bribe numerous high-ranking members of the New York City Police Department (“NYPD”). Specifically, on January 2, 2019, REICHBERG was convicted of conspiracy, honest services fraud, and bribery charges after a two-month trial. Today’s sentence was imposed by U.S. District Judge Gregory H. Woods.
Manhattan U.S. Attorney Geoffrey S. Berman said: “For years, Jeremy Reichberg forged corrupt relationships with law enforcement through a stream of illegal payments and financial benefits. In doing so, he eroded public confidence in the lifeblood of the City – an impartial New York City Police Department that treats all citizens equally. He then attempted to cover it up by hiding evidence of his crimes. Rather than buying himself special treatment and influence, Reichberg’s efforts have secured him multiple federal convictions and a significant prison sentence.”
In imposing today’s sentence, Judge Woods said: “Reichberg engaged in an extended scheme . . . [in which] the instruments of government became tools for [Reichberg’s] own personal advancement. This case was about much more than dollars and cents. . . . It is important that the public be able to trust that its public officials act without fear or favor rather than spending time and public resources catering to the whims of well-heeled donors.”
According to the Superseding Indictment and Complaint filed in this case, and evidence presented at trial:
The Bribery Scheme
Between 2008 and 2015, REICHBERG and a co-conspirator, Jona Rechnitz, orchestrated a scheme in which REICHBERG and Rechnitz provided numerous high-level New York City Police Department (“NYPD”) officials with financial and other benefits in order to obtain police-related favors in return, as opportunities arose. REICHBERG and Rechnitz provided an array of gifts to the officers, including travel, home improvements, premium tickets to sporting events, expensive meals, and access to prostitutes, in order to have the officers effectively “on call” to provide police-related favors as REICHBERG and Rechnitz requested. REICHBERG perpetrated the scheme, among other reasons, to monetize his contacts with the NYPD. In particular, REICHBERG was an all-purpose “expediter” for individuals in his community, and – as a self-styled “NYPD Liaison” and as state chaplain with the New York State Police (which he was not) – he was paid in order to assist people at large with their problems with the NYPD and other pockets of local government.
Over the course of the scheme, REICHBERG and Rechnitz corrupted or attempted to corrupt several officers, including the Chief of Department for the NYPD, the highest ranking uniformed officer in the NYPD; his executive officer; a deputy inspector and commanding officer of an Upper East Side precinct; and others. Among the actions that those officers took at the request of REICHBERG and/or Rechnitz were police escorts for them and their friends, assistance with private disputes and investigations, the exercise of influence in decisions involving arrests and post-arrest treatment of individuals, the issuance of gun permits to civilians; and the deployment of official police vehicles (including police boats and a helicopter).
Obstruction of Justice
The night before he was arrested, REICHBERG called his brother over to his residence. REICHBERG gave his brother several fistfuls of business cards and cell phones and asked him to “hold” them. The business cards included contacts for numerous officers REICHBERG had cultivated during the conspiracy. Several of the phones contained text messages with those officers, including contemporaneous communications concerning many of the official acts mentioned above. The next morning, REICHBERG was arrested and the FBI executed a search warrant at his home. REICHBERG’s brother attempted to leave the home with the items during the search, but was stopped and searched by an FBI agent, who recovered the items.
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REICHBERG, 45, of Brooklyn, New York, was convicted at trial of one count of conspiracy to commit bribery, one count of conspiracy to commit honest services fraud, one substantive count of honest services fraud, and one count of obstruction of justice.
Mr. Berman praised the investigative work of the Federal Bureau of Investigation, the New York City Police Department, Internal Affairs Bureau, and the Special Agents of the United States Attorney’s Office.
This case is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Martin S. Bell, Jessica Lonergan, and Kimberly J. Ravener are in charge of the prosecution.
Jackson Man Sentenced Under Project EJECT to over 7 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
Jackson, Miss. – Courtney Kentrell Chapman, 30, of Jackson, was sentenced today by U.S. District Judge Henry T. Wingate to 90 months in federal prison, followed by three years of supervised release, for being a felon in possession of a firearm, announced U.S. Attorney Mike Hurst and Special Agent in Charge Dana K. Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Chapman had previously been convicted of multiple felonies in Hinds County, including being an accessory after the fact to carjacking, felony eluding, and possession of a controlled substance while armed. On August 15, 2018, he was in possession of a firearm during an administrative checkpoint in Jackson.
Chapman was charged in a federal criminal indictment on December 12, 2018. He pled guilty on February 12, 2019, before Judge Wingate.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department. It was prosecuted by Assistant United States Attorney Andrew W. Eichner.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for "Empower Justice Expel Crime Together." PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Former Attorney General Jeff Sessions 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.
Informatica Agrees to Pay $21.57 Million for Alleged False Claims Caused by Its Commercial Pricing DisclosuresRead the Press Release
Informatica LLC f/k/a Informatica Corporation has agreed to pay $21.57 million to resolve allegations that it caused the government to be overcharged by providing misleading information about its commercial sales practices that was used in General Services Administration (“GSA”) contract negotiations, the Justice Department announced today. Informatica is a software development company, headquartered in Redwood City, California that sells tools for establishing and maintaining data warehouses.
“Companies that negotiate contracts with the government must make complete and accurate disclosures,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We will continue to hold accountable those who harm taxpayers by withholding critical information from contracting agencies.”
Informatica allegedly knowingly provided false information concerning its commercial discounting practices for its products and services to resellers, who then used that false information in negotiations with GSA for government-wide contracts called “Multiple Award Schedule contracts.” Under these contracts, GSA uses commercial pricing disclosures to negotiate the maximum prices that a vendor can charge government agencies. Here, Informatica’s allegedly false disclosures caused GSA to agree to less favorable pricing, and, ultimately, government purchasers to be overcharged. The settlement also resolves allegations that Informatica caused sales to the United States in violation of the Trade Agreement’s Act, which restricts the country of origin for goods purchased by the government.
“Companies seeking to participate directly or indirectly in government contracts must adhere to applicable rules designed to promote the United States’ objective of prudently expending taxpayer funds by negotiating fair and reasonable pricing for the goods and services it purchases,” said U.S. Attorney for the District of Columbia Jessie K. Liu. “We will pursue recoveries from those that fail to live up to these obligations.”
“This settlement demonstrates our commitment to ensure taxpayers are not overpaying for the products and services they receive.” Carol Fortine Ochoa, Inspector General of the U.S. General Services Administration.
The allegations resolved by this settlement arose from a whistleblower lawsuit filed under the False Claims Act. The act permits private citizens to sue on behalf of the government and share in any recovery. The whistleblower, who is a former employee of Informatica, will receive $4,314,000.
This case was handled by the Justice Department’s Civil Division and the United States Attorney’s Office for the District of Columbia, with assistance from GSA’s Office of Inspector General. The case is captioned United States ex rel. Sullivan v. Informatica Corp., Case No. 15-0716 (D.D.C.).
The claims resolved by the United States are allegations only, and there has been no determination of liability.
Illegal Alien Pleads Guilty to Illegally Reentering the U.S.Read the Press Release
NORFOLK, Va. – A Honduran citizen who is currently charged in state court with alleged sex offenses against a minor pleaded guilty today to illegally reentering the United States.
“Calix-Cruz has been deported at taxpayer expense on multiple occasions,” said U.S. Attorney G. Zachary Terwilliger. “Additionally, he has been charged in state court with allegations of committing serious sex offenses against a minor. This prosecution and guilty plea show that the United States will continue to hold accountable those who disregard our nation’s borders and laws.”
According to court documents, Juviny Calix-Cruz, 42, originally illegally entered the United States in 2005. He was first removed from the country at taxpayer expense in June 2012, and again removed in July 2012 after he illegally reentered the country. He was next encountered by law enforcement authorities in the City of Norfolk in 2019, when he was arrested and later indicted by a state grand jury for forcible sodomy of a victim under the age of 13 years-old and taking indecent liberties with a child by a person in a custodial or supervisory relationship.
“This individual not only disregarded the nation’s immigration laws, but also committed criminal acts against an innocent child while in the country illegally,” said Lyle A. Boelens, Acting Field Office Director for U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “ICE will continue to target convicted criminal aliens like Calix-Cruz for arrest, prosecution and removal from the United States.”
Calix-Cruz pleaded guilty to illegal reentry by a removed alien and faces a maximum penalty of two years in prison when sentenced on September 6. 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.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney Daniel P. Shean 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. 2:19-cr-60.
Hancock County man admits to drug and firearms chargesRead the Press Release
WHEELING, WEST VIRGINIA – Lavel L. Hicks, of Weirton, West Virginia, has admitted to drug and firearms charges, United States Attorney Bill Powell announced.
Hicks, age 43, pled guilty to two counts of “Distribution of Cocaine Base,” four counts of “Distribution of Cocaine Hydrochloride,” and one count of “Unlawful Possession of a Firearm.” Hicks admitted to distributing the drugs in November and December 2017 and December 2018 in Brook and Hancock Counties. Hicks, having previously been convicted or murder in the second degree in Brooke County Circuit Court, also possessed a 9mm pistol.
Hicks faces up to 20 years incarceration and a fine of up to $1,000,000 for each drug count, and he faces up to 10 years incarceration and a fine of up to $250,000 for the firearms count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hancock-Brooke-Weirton Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Fraudulent Mariah Carey Concert Promoters SentencedRead the Press Release
Allen Dean Gordon Clayborn and Raul Pereida Defrauded the Lesbian and Gay Community Network of Western Michigan of $100,000 in Multistate Benefit Concert Swindle
GRAND RAPIDS, MICHIGAN — Raul Mejia Pereida appeared in U.S. District Court in Kalamazoo for sentencing in connection with a fraudulent scheme he carried out with codefendant Allen Dean Gordon Clayborn. U.S. District Judge Paul L. Maloney sentenced Pereida to 27 months in prison for his role in the offense. Once his sentence is complete, Peredia, an undocumented citizen of Mexico, will be deported. Judge Maloney sentenced codefendant Clayborn to 60 months in prison on April 26. Both men must also repay the $130,000 netted in the con.
Clayborn (age 35) and Pereida (age 47) were charged with wire fraud and identity theft in connection with a fraudulent concert scheme they carried out during 2015 and 2016. Clayborn, and Pereida, using aliases, pretended to represent singer Mariah Carey. They convinced two LGBT charities to pay a total of $130,000 to supposedly hire Carey to perform at charity concerts benefiting at-risk youth. One of charities targeted in the scheme was the Lesbian and Gay Community Network of Western Michigan, located in Grand Rapids. This organization paid $100,000 for Mariah Carey to perform an outdoor benefit concert scheduled at Calder Plaza on June 16, 2016. The other charity targeted by the men was a similar organization in Flagstaff, Arizona.
The scheme was sophisticated. It involved detailed contracts consistent with entertainment industry standards, trips to New York City and Las Vegas for charity organizers to hear Mariah Carey perform, complementary tickets that were altered to appear to be gifts from the singer, and bogus email accounts in the name of Carey’s road manager. All of this created the illusion that the victims were negotiating with actual employees of the singer’s production company. Mariah Carey knew nothing about this. The defendants used the money for their own purposes. Instead of raising money through the concert, the victim charities were left virtually insolvent.
U.S. Attorney Birge acknowledged the importance of the sentences handed down by Judge Maloney. "This scam did significant financial damage to two charities, which means all those who otherwise would have benefited from the charities suffered. The defendants succeeded in their swindle because these charities were anxious to have the money to do good things for their communities. Clayborn and Pereida deserved their punishment."
"Clayborn and Pereida are nothing more than con artists and thieves who - out of pure greed - compromised the availability of vital social and community services to the residents of Western Michigan and Arizona," said SAC Slater. "The FBI will ensure this type of fraud is vigorously investigated so that those who engage in it can be brought to justice."
The Federal Bureau of Investigation and Assistant U.S. Attorney Timothy VerHey prosecuted this case.
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Former Shelby County Sheriff’s Corrections Deputy Indicted on Federal Drug Trafficking ViolationsRead the Press Release
Memphis, TN – A former Shelby County Sheriff’s Corrections Deputy has been indicted on federal drug charges. U.S. Attorney D. Michael Dunavant for the Western District of Tennessee announced the indictment today.
Marcus Green, 37, who is currently on federal supervised release, has been indicted on new drug charges. In 2015, Green was charged with three counts of attempting to possess Schedule II narcotics with the intent to distribute. Green devised a scheme to smuggle narcotics into the county jail at 201 Poplar in exchange for money.
On July 21, 2015, Green pled guilty to count one of the indictment. He was charged with attempting to possess Schedule II narcotics with intent to distribute. On November 24, 2015, U.S. District Court Judge Jon Phipps McCalla sentenced Green to 12 months and one day of imprisonment and two years of supervised release. Due to a supervised release violation, Green’s supervised release was extended for a year.
On April 3, 2019, while conducting a home check at Green’s residence during "Operation Crime Driver", a U.S. Probation Officer notified the Tipton County Sheriff’s Office about the strong odor of marijuana during the home check. That same day, Tipton County officers, with search warrant in-hand, conducted a search at Green’s residence and discovered 745 grams of marijuana packaged in a number of bags, digital scales, plastic baggies and $6,627 in U.S. currency.
U.S. Attorney D. Michael Dunavant said, "Being a former law enforcement officer and having previously been convicted of a drug offense, this defendant should have known better than to continue his criminal conduct. Unfortunately, he chose to reoffend while on supervised release. This is exactly the type of recidivist behavior that Operation Crime Driver was designed to detect and apprehend, and I commend the good work of our law enforcement partners in Tipton County."
On May 1, 2019, a criminal complaint charging Green with distribution and possession of a controlled substance was filed. A federal grand jury returned an indictment against him on May 7, 2019. This offense is punishable by imprisonment of up to five years in federal prison, a fine of $250,000, and a two-year term of supervised release.
The case was investigated by the Tipton County Sheriff’s Office.
Special Assistant U.S. Attorney Sean Hord is prosecuting this case on behalf of the government.
The charges and the allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
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Former Postal Employee Stole 18 Items of Mail Submitted for DeliveryRead the Press Release
ERIE, Pa. - A resident of Allegany, New York, pleaded guilty in federal court to a charge of theft of mail by postal employee, United States Attorney Scott W. Brady announced today.
Bryant Richard, 30, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from in and around October 2018, to in and around November 2018, Richard, who was a postal employee, stole 18 items of mail which had been submitted to the Postal Service for delivery.
Judge Cercone scheduled sentencing for October 7, 2019 at 12:45 p.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Richard on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Postal Service, Office of Inspector General conducted the investigation that led to the prosecution of Richard.
Former Portland Attorney Charged with Embezzling Client FundsRead the Press Release
PORTLAND, Ore.—A 24-count indictment was unsealed in federal court today charging former Portland attorney Lori E. Deveny, 53, with mail, wire and bank fraud; aggravated identity theft; money laundering and both filing false tax returns and failing to file tax returns as part of a scheme to defraud her clients and use the proceeds to pay for personal expenses.
According to the indictment, between April 2011 and May 2019, Deveny is alleged to have systematically stolen funds she held in trust for her clients. The funds were derived from insurance proceeds due and payable to her clients. Deveny is accused of forging client signatures on settlement documents she sent to various insurance companies, making unauthorized transfers of funds to personal accounts and falsely telling clients that the insurance companies were to blame for delays in settling claims. Many of Deveny’s clients never received the insurance payout they were owed.
Deveny is also alleged to have used stolen funds to pay for personal credit card and loan payments, numerous big game hunting trips to Africa and the resulting taxidermy costs, other vacations, her husband’s photography business, home remodeling, expensive cigars and other expenses associated with a lavish lifestyle.
Deveny was released pending trial. A 7-day jury trial is scheduled for July 16, 2019 before U.S. District Court Judge Michael W. Mosman.
This case was investigated by IRS Criminal Investigation and the FBI and is being prosecuted by Claire M. Fay, Assistant U.S. Attorney for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.