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18 March 2019
Debt Restructuring Scammer Pleads GuiltyRead 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 Sergiy Bezrukov, 35, of Salamanca, NY, formerly of Queens, NY, pleaded guilty to conspiracy to commit bank fraud and money laundering before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 35 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Stephanie Lamarque, Wei Xiang, and Mary Clare Kane, who are handling the case, stated that the defendant opened two offices in the Western New York area to operate fraudulent debt restructuring businesses. Bezrukov and others sent solicitation letters under various fictitious names, offering to assist small businesses with restructuring high interest loans. After the small business owners agreed to hire the defendant and his company, Bezrukov and others would withdraw sums of money from the bank accounts of the small businesses but never repaid any loans on their behalf. When the small business owners attempted to contact the defendant or others at the fraudulent company, they would receive no response.
During the course of the investigation of Bezrukov’s operation in Salamanca, NY, law enforcement officers learned that the defendant was planning to move his business out of Salamanca. As a result, federal search warrants were executed on Bezrukov’s office, home, vehicle and person. Hidden in computer hard drives, officers found and seized approximately $393,000 in cash. Later in the investigation, a check for $729,000 dollars was seized. In addition, other checks, gift cards, and quantities of cash from defendant’s operation, were also seized. In total, more than $1,400,000 was seized Bezrukov.
The defendant used the fraudulent debt restructuring business to defraud approximately 200 victims out of approximately $1,200,000.
A co-defendant, Mark Farnham, was previously convicted and is awaiting sentencing.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Joseph W. Cronin of the Boston Division; the Internal Revenue Service, Criminal Investigation Division, under the direction of Jonathan D. Larsen, Acting Special Agent-in-Charge; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for July 24, 2019, at 9:30 a.m. before Judge Vilardo.
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Confirmed MS-13 gang member sentenced for role in cocaine distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Miguel Angel Cruz-Polanco, a confirmed MS-13 gang member and a citizen of El Salvador, was sentenced today to 137 months incarceration for his involvement with a multi-state drug trafficking operation, United States Attorney Bill Powell announced.
Polanco, age 35, pled guilty to one count of “Aiding and Abetting the Distribution of Cocaine” and one count of “Reentry of a Removed Alien” in September 2018. Cruz-Polanco admitted to selling cocaine in Berkeley County in October 2016, as well as reentering the country illegally.
“The sentence imposed by the court on Mr. Polanco concludes one chapter of a wide-ranging and significant drug and gun investigation in the Eastern Panhandle. Mr. Polanco was a member of the MS-13 gang whose members routinely engage in violence and other criminal activity, including the sale of drugs to finance their activities. Mr. Polanco was also in this country illegally. We will continue to continue to aggressively prosecute all those who bring drugs and violence to our communities. This defendant, and all of the others who have been or who will be sentenced, could not have been brought to justice without the many months of hard work by our task force officers and prosecutors. We owe them a debt of thanks,” said Powell.
Assistant U.S. Attorneys Shawn M. Adkins and Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The U.S. Attorney’s Office of the Western District of Virginia assisted. The investigation is led by the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, the Potomac Highlands Drug & Violent Crimes Task Force, the Northwest Virginia Regional Drug & Gang Task Force , the West Virginia State Police, the Virginia State Police, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department. Other agencies assisting in the investigation are the Winchester City Police Department; and Frederick County, Virginia Sheriff’s Office; Pittsylvania County; Virginia Sheriff’s Office; and the Henry County, Virginia, Sheriff’s Office.
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.
Chief U.S. District Judge Gina M. Groh presided.
City of New York to Comply with the Federal Safe Drinking Water Act and Prevent Contamination of the City’s Drinking Water SupplyRead the Press Release
The Department of Justice and the U.S. Environmental Protection Agency (EPA) announced today that the United States filed suit under the federal Safe Drinking Water Act against the city of New York and the New York City Department of Environmental Protection for their longstanding failure to cover the Hillview Reservoir located in Yonkers, New York. A consent decree requiring the City to make improvements and cover the Reservoir at an estimated cost of $2.975 billion and to pay a $1 million civil penalty was also lodged with the Court. The State of New York will be a co-plaintiff and is a party to the consent decree.
“Today we take the necessary steps to fix a serious public-health problem,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Congress enacted the Safe Drinking Water Act to ensure that every American has access to safe water to drink. And we vindicate that Act by ensuring in our enforcement action that the City of New York will comply with this federal law by protecting against contaminants aerially deposited into the Hillview Reservoir, which millions of New Yorkers depend for their everyday drinking water needs.”
“The United States brought this action to ensure that New York City covers the Hillview Reservoir to protect the drinking water City residents receive from the Catskill-Delaware Drinking Water Supply. This Office will continue to monitor and enforce the Consent Decree through completion of its requirements,” said United States Attorney Richard P. Donoghue for the Eastern District of New York.
“New York City failed to comply with Safe Drinking Water Act requirements that keep drinking water safe from harmful bacteria and viruses, even when it was under an order to do so,” said EPA Administrator Andrew Wheeler. “EPA will ensure the City complies with the decree and takes the necessary steps to prevent its drinking water from harming the health of its residents.”
The Reservoir is part of New York City’s public water system, which delivers up to a billion gallons of water a day. The Reservoir is an open storage facility and is the last stop for drinking water before it enters the City’s water tunnels for distribution to city residents. The 90-acre reservoir is divided into two segments, the East and West Basins. Prior to the water entering the Reservoir, it receives a first treatment of chlorine and ultraviolet treatment. Since the Reservoir is an open storage facility, the treated water in the Reservoir is subject to recontamination with microbial pathogens from birds, animals, and other sources, such as viruses, Giardia, and Cryptosporidium. Giardia and Cryptosporidium are protozoa that can cause potentially fatal gastrointestinal illness in humans.
The City has been required to cover the Reservoir since it first executed an administrative order with the State of New York on March 1, 1996. Under the Safe Drinking Water Act and its regulations, the City also became obligated, as of March 6, 2006, to cover the Reservoir by April 1, 2009. In May 2010, EPA entered into an administrative order with the City requiring the City to meet a series of milestones to cover the Reservoir. The first milestone was Jan. 31, 2017. When the City failed to meet that date, this lawsuit followed.
The consent decree requires construction of two projects in addition to the cover, the Kensico Eastview Connection (KEC) and the Hillview Reservoir Improvements (HRI). The KEC entails the construction of a new underground aqueduct segment between the upstream Kensico Reservoir and Eastview ultraviolet treatment facility. The HRI requires extensive repairs to the Hillview Reservoir, including replacing the sluice gates that control water flow and building a new connection between the reservoir and water distribution tunnels. The completion of the KEC is expected to take until 2035. The City estimates the construction cost of the KEC to be approximately $1 billion. The HRI project will be conducted concurrently with the KEC and is anticipated to be completed by 2033. The City estimates the construction cost of the HRI to be approximately $375 million. Following the completion of the KEC and the HRI, the East Basin cover will be constructed, with expected commencement of full operation in 2042, and then the West Basin cover will be constructed, with expected commencement of full operation in 2049. The City’s estimate in 2009 for the cost of its then planned concrete cover for the 90-acre Reservoir was $1.6 billion.
Until the cover is in operation, the consent decree also requires the City to implement Interim Measures to help protect the water, including enhanced wildlife management at the Reservoir and Reservoir monitoring.
In addition, under the consent decree, the City will pay the United States a civil penalty of $1 million for its past violations of federal requirements. The consent decree also provides that the City will pay New York State $50,000, and implement a state Water Quality Benefit Project in the amount of $200,000, to settle the State’s claim for penalties for violations of a state administrative order.
The proposed settlement which is subject to a 30-day public comment period is available at: https://www.justice.gov/enrd/consent-decrees.
The civil negotiations and settlement were handled by the U.S. Attorney’s Office’s Civil Division and the U.S. Department of Justice’s Environment and Natural Resources Division. Negotiations were conducted by Assistant United States Attorney Deborah B. Zwany, working with Elizabeth Yu of the Environment and Natural Resources Division; Phyllis Kaplan Feinmark, Regional Counsel’s Office, EPA Region 2; Doughlas McKenna, Chief of the Water Compliance Branch, EPA Region 2; Nicole Foley Kraft, Chief of the Ground Water Compliance Section, EPA Region 2; Morgan Rog of the EPA Office of Enforcement and Compliance Assurance; Gavin McCabe from the New York State Attorney General’s Office; and Roger Sokol from the New York State Department of Health’s Bureau of Water Supply Protection.
City of New York Agrees to Settle Federal Complaint by Covering the Hillview Reservoir to Prevent Contamination of the City’s Drinking Water SupplyRead the Press Release
Richard P. Donoghue, United States Attorney for the Eastern District of New York, Jeffrey Bossert Clark, Assistant Attorney General for the Environmental and Natural Resources Division of the United States Department of Justice, and Andrew Wheeler, Administrator of the United States Environmental Protection Agency (EPA), announced today that the United States filed suit under the Safe Drinking Water Act against the City of New York and the New York City Department of Environmental Protection (the City) for failure to cover the Hillview Reservoir (the Reservoir), located in Yonkers, New York, in violation of federal regulation and federal and state administrative orders. A Consent Decree requiring the City to cover the Reservoir and pay a civil penalty was also lodged with the Court. Following a 30-day public comment period, the United States will review the comments and, if appropriate, move for entry of the Consent Decree by the Court.
“The United States brought this action to ensure that New York City covers the Hillview Reservoir to protect the drinking water City residents receive from the Catskill-Delaware Drinking Water Supply. This Office will continue to monitor and enforce the Consent Decree through completion of its requirements,” said United States Attorney Richard P. Donoghue.
“Today we take the necessary steps to fix a serious public-health problem,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “Congress enacted the Safe Drinking Water Act to ensure that every American has access to safe water to drink. And we vindicate that Act by ensuring in our enforcement action that the City of New York will comply this federal law by protecting against contaminants aerially deposited into the Hillview Reservoir, which millions of New Yorkers depend for their everyday drinking water needs.”
“New York City failed to comply with Safe Drinking Water Act requirements that keep drinking water safe from harmful bacteria and viruses, even when it was under an order to do so,” said EPA Administrator Wheeler. “EPA will ensure the City complies with the decree and takes the necessary steps to prevent its drinking water from harming the health of its residents.”
The Reservoir is part of New York City’s public water system. It is an open storage facility and is the last stop for drinking water before it enters the City Water Tunnels for distribution to City residents. The 90-acre Reservoir receives nearly a billion gallons of water each day through the Catskill and Delaware Aqueducts, and serves as a holding tank that allows the City to meet daily peak water demand. It is divided into two segments, the East and West Basins. Prior to the water entering the Reservoir, it receives a first treatment of chlorine and ultraviolet treatment. Since the Reservoir is downstream of these treatments and is an open storage facility, the finished water[1] in the Reservoir is subject to recontamination with microbial pathogens, such as viruses, Giardia and Cryptosporidium, from birds, animals and other sources. Giardia and Cryptosporidium are protozoa that can cause potentially fatal gastrointestinal illness in humans. If the water in the Reservoir were to be re-contaminated, public health would be threatened, since sufficient microbial treatment is not available downstream of the Reservoir. A cover is necessary to prevent recontamination by such pathogens. Until the cover is in operation, the City is required to take active measures to control wildlife in and around the Reservoir and monitor the Reservoir to ensure that the water is safe for drinking.
The City has been required to cover the Reservoir since it first executed an Administrative Order with the State of New York on January 26, 1999. On March 6, 2006, the City also became obligated to cover the Reservoir under federal regulation, specifically the Safe Drinking Water Act. The regulation required uncovered finished water storage facilities, such as the Reservoir, to be covered by April 1, 2009, or for the discharge from the uncovered finished water storage facilities to be treated to achieve inactivation and/or removal of microbial contaminants. In May 2010, EPA entered into an Administrative Order requiring the City to meet a series of milestones leading to the completion of a cover for the Reservoir. The first milestone date was January 31, 2017. The City failed to meet that date, and this lawsuit followed.
The Consent Decree contains requirements for construction of two projects in addition to the cover, the Kensico Eastview Connection (KEC) and the Hillview Reservoir Improvements (HRI). The KEC entails the construction of a new underground aqueduct segment between Kensico and Eastview that replaces the previously planned Catskill Aqueduct Pressurization Project. The HRI requires extensive repairs to the Hillview Reservoir, including replacing the sluice gates that control water flow and building a new connection between the reservoir and water distribution tunnels. The completion of the KEC is expected to take until 2035. The City estimates the construction cost of the KEC to be approximately $1 billion. The HRI project will be conducted concurrently with the KEC and is anticipated to be completed by 2033. The City estimates the construction cost of the HRI to be approximately $375 million. While the KEC and HRI construction and repair work are underway, the City will conduct facilities planning and design work for the Hillview cover. Following the completion of the KEC and the HRI, the East Basin cover will be constructed, with expected commencement of full operation in 2042, and then the West Basin cover will be constructed, with expected commencement of full operation in 2049. The City’s estimate in 2009 for the cost of its then planned concrete cover for the 90-acre Reservoir was $1.6 billion. The actual cost of the cover may be lower, should the City choose a different type of cover.
Because the schedule in the Consent Decree is lengthy, and there is a possibility that the schedule could be accelerated under certain circumstances, the Consent Decree provides for potential acceleration. The Consent Decree also requires the City to implement Interim Measures to protect the water until the Hillview Reservoir cover is in full operation including: (1) enhanced wildlife management at the Reservoir; (2) weekly sampling of source water for Cryptosporidium and Giardia at the Kensico Reservoir effluent(s), and Cryptosporidium and Giardia sampling at the Reservoir effluent; (3) quality control sampling of the Reservoir effluent; and (4) implementation of a Cryptosporidium and Giardia Action Plan for response procedures for elevated Cryptosporidium and Giardia at the Reservoir.
In addition, under the Consent Decree, the City will pay the United States a civil penalty of $1 million for its past violations of federal requirements. The Consent Decree also provides that the City will pay New York State $50,000, and implement a state Water Quality Benefit Project in the amount of $200,000 to settle the State’s claim for penalties for violations of a State administrative order.
The civil negotiations and settlement were handled by the Office’s Civil Division. Assistant United States Attorney Deborah B. Zwany is in charge of this matter, working together with Elizabeth Yu, U.S. Department of Justice, Environment and Natural Resources Division, Phyllis Kaplan Feinmark, Regional Counsel’s Office, EPA Region 2, Doughlas McKenna, Chief of the Water Compliance Branch, EPA Region 2 and Nicole Kraft, Chief of the Ground Water Compliance Section, EPA Region 2, Gavin McCabe from the New York State Attorney General’s Office, and Roger Sokol from the New York State Department of Health’s Bureau of Water Supply Protection.
[1] Finished water is water that has been introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as necessary to maintain water quality in the distribution system.
Child Predator Sentenced to 97 Months in Federal PrisonRead the Press Release
United States Attorney Brandon J. Fremin announced that U.S. District Court Judge Brian A. Jackson sentenced STEVEN J. EVERHARDT, age 52, of Baton Rouge, Louisiana, to serve 97 months in federal prison following his conviction for possession of child pornography. EVERHARDT will also be required to serve five years of supervised release, register as a convicted sex offender upon his release from prison, pay a special assessment of $5,100, and pay a total of $66,000 in restitution to the victims who were identified as children photographed in the images.
This criminal case began when the FBI conducted an undercover operation and obtained numerous images of child pornography from an IP address at EVERHARDT’s home. During a subsequent search of EVERHARDT’s home, over 50,000 images were discovered on EVERHARDT’s computers. These images were of minors engaged in sexually explicit conduct, some of which depicted the sexual abuse of toddlers, sadistic or masochistic conduct involving minor victims, and violence against minor victims. On December 10, 2018, EVERHARDT pled guilty to one count of knowingly possessing material which contained images of child pornography.
U.S. Attorney Fremin stated, “The sexual exploitation of children is one of the most despicable acts of human behavior and will always be a priority for this office. This conviction and sentence should serve as a reminder that this office will not tolerate those who prey upon innocent and vulnerable children. We will use every resource at our disposal to reach our goal of keeping children safe from the predators who exploit them. I want to thank the prosecutors in our office as well as the FBI for their important work in this case.”
FBI New Orleans SAC Eric Rommal stated, “Steven Everhardt preyed upon vulnerable and innocent children, many of whom were too young to communicate they were being abused. There is no place in society for sexual deviants like Steven Everhardt or anyone of his kind. The FBI remains committed to working with our ICAC partners, the LA Attorney General's Office, Louisiana State Police, Homeland Security Investigations, and East Baton Rouge Sheriff's Office to eradicate all forms of child sexual abuse."
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Fred Menner.
Business Owner and Business Face Federal Charges for Embezzlement and Theft from Indian Tribal OrganizationsRead the Press Release
United States Attorney Ron Parsons announced that a business owner and his business have been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Dustin Martin Kirk, age 46 of Sisseton, South Dakota, was indicted on March 5, 2019, on two counts of embezzlement and theft from an Indian Tribal Organization. Two counts in the indictment relate to his dissolved business, Siouxland Lumber & Materials, LLC. Kirk appeared before U.S. Magistrate Judge William D. Gerdes on March 11, 2019, and pleaded not guilty to the Indictment.
The Indictment alleges that between in or about August 2016 and December 2018, in the District of South Dakota, Dustin Martin Kirk and his business embezzled, stole, and converted more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to Dakota Nation Development Corporation and the Sisseton-Wahpeton Housing Authority, both of which being entities of the Sisseton-Wahpeton Oyate Sioux Tribe and Indian Tribal Organizations.
The maximum penalty upon conviction on each count is up to 5 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy Jehangiri is prosecuting the case.
The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Brentwood Based WellCity, Inc. Founder Sentenced to 20 Years in Federal Prison for Fraud SchemeRead the Press Release
NASHVILLE, Tenn. – March 18, 2019 – George David George, 64, of Franklin, Tennessee, and the former owner of WellCity, Inc. (“WellCity”) will spend the next 20 years in federal prison for operating a fraudulent investment scheme that bilked dozens of investors out of $3 million, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
George was sentenced today by visiting U.S. District Judge Billy Roy Wilson, sitting by designation, who also ordered George to pay $2,833,968.77 in restitution and ordered that he remain in custody to begin serving his sentence. George has been in federal custody since January, 4, 2019, when he was apprehended by U.S. Marshals in Florida after absconding from the Middle District of Tennessee in May, 2017.
“I commend our prosecutors, law enforcement partners and the many victims who persevered throughout the life of this case,” said U.S. Attorney Cochran. “Because of their tenacity, Mr. George will have little to no chance of inflicting his many deceitful scams upon anyone else as he spends the next 20 years in prison.”
George was initially charged in May 2015 with securities fraud, mail fraud, wire fraud, and money laundering and was charged with additional counts of wire fraud in February 2017. George was later indicted in May 2017 for failing to appear in U.S. District Court, after he failed to appear for a bond revocation hearing and prior to the start of his trial scheduled for May 16, 2017.
Today, during a plea hearing, George pleaded guilty to seven counts of wire fraud, and one count of mail fraud, securities fraud and money laundering. George admitted that he represented himself as the founder and CEO of WellCity, Inc., a company based in Brentwood, Tennessee, that purported to operate a social network devoted to wellness. George solicited millions of dollars from investors by making misrepresentations regarding the revenue and assets of the company, misrepresentations regarding collateral to secure investors’ loans, and misrepresentations regarding the status of a supposed WellCity initial public offering.
George concealed from investors the facts that WellCity had earned very little revenue and had not successfully attracted significant corporate sponsorship; that WellCity had breached investment contracts with dozens of investors and owed millions of dollars to prior investors; that George had made repeated but unfulfilled promises, over the course of several years, that shares of WellCity stock would imminently start trading publically; and that George continued to offer supposed shares in WellCity stock even after the Tennessee Securities Division of the Department of Commerce and Insurance issued a Cease & Desist Order prohibiting him from doing so.
At the conclusion of the plea hearing, the Court moved immediately to the sentencing phase and several witnesses testified about George’s conduct during his time on the run, including video testimony from a victim in Florida. According to testimony, during this time, George lived in multiple jurisdictions and used two different aliases to conceal his identity and to avoid apprehension.
First, George lived in Houston, Texas, under the alias “David Brown,” using fake identity documents, including a fake International Driver’s License bearing George’s photo. While living in Houston, George solicited investments in a sports membership business he operated, causing significant loss to investors. George next lived in Huntsville, Alabama, where he adopted the alias “Stephen Olivier,” using stolen identity documents from a neighbor whom he had befriended. While living there, George worked at a Mercedes dealership in Huntsville and leased a $70,000 Mercedes using that stolen identity.
Finally, George went to Ponte Vedra Florida, where he represented himself as a Harvard-educated psychiatrist named Stephen Olivier. As Dr. Olivier, George “treated” patients in Ponte Verde. A video testimonial from a witness was played today’s hearing, during which the witness said she paid George, whom she knew as “Dr. Stephen Olivier,” $750 to “treat” her 16-year old son, who was suffering from depression. George conducted “therapy sessions” with her son and ultimately gave her an envelope containing Clonazepam for her son to take. George had previously taken this medication from a woman he met on Match.com and with whom he was having a romantic relationship with, while deceiving her as well. After her son took the medication, he became suicidal and had to be hospitalized. George was apprehended and arrested by the U.S. Marshals shortly thereafter in January 2019.
When pronouncing the sentence, Judge Wilson remarked that George had “larceny in his heart” and he felt it was his foremost duty to protect the public from George and his propensity to continue his pattern of fraud and deceit.
This case was investigated by the FBI; the United States Postal Inspection Service; the United States Marshals Service; and the IRS-Criminal Investigation. Assistant United States Attorneys Kathryn W. Booth, Miller A. Bushong, and Henry C. Leventis prosecuted the case.
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Bookkeeper Pleads Guilty to Stealing More Than Half A Million Dollars from Metairie ArchitectRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Peter G. Strasser announced Thursday, March 14, 2019 the guilty plea of CHRISTELLE SCHMIDT, age 65 of Thibodeaux, Louisiana to one count of violating Title 18, United States Code, Section 2113(b), Bank larceny. The indictment returned in November of 2018 alleged that SCHMIDT stole more than $550,000 from a local architectural firm while employed as a bookkeeper there.
The indictment alleged that starting in 2007 and continuing through 2017 through a series of fraudulent activities SCHMIDT committed the offense. The indictment further alleged that she used two different schemes to purloin the funds, which were in the care, custody of and control of several federally insured banks in the New Orleans area.
The indictment further alleged that her second scheme involved charging personal expenses on company credit cards issued to her. She paid the credit cards using the automated clearing house (ACH) accounts of the firm, without the permission of the firm.
SCHMIDT faces up to 10 years incarceration, a $250,000 fine and restitution and 3 years supervised release. Sentencing is set for June 13, 2019.
U.S. Attorney Strasser praised the work of the United States Secret Service in investigating the matter. The case is being prosecuted by Assistant United States Attorney Carter K.D. Guice Jr.
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Berkeley County man sentenced for drug distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Ellis Reginald Fennell, of Martinsburg, West Virginia, was sentenced to 24 months incarceration for a drug distribution charge, United States Attorney Bill Powell announced.
Fennell, also known as “Z,” age 30, pled guilty to one count of “Aiding and Abetting Distribution of Cocaine Base ‘Crack’” in December 2018. Fennell admitted to selling “crack” cocaine in May 2017 in Berkeley County and elsewhere.
Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecutor’s Office, prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Amsterdam Felon Pleads Guilty to Firearms OffensesRead the Press Release
ALBANY, NEW YORK – Nelson Rodriguez, age 39, of Amsterdam, New York, pled guilty today to possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a felon.
The announcement was made by United States Attorney Grant C. Jaquith; Amsterdam Police Chief Gregory J. Culick; and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Rodriguez, who was convicted of attempted murder in 2009, admitted to selling cocaine base (crack) in Amsterdam and to possessing a .25 caliber handgun to protect his drugs and drug proceeds. The handgun was discovered under Rodriguez’s mattress during the execution of a search warrant on his Amsterdam apartment in August 2017. Along with the handgun, law enforcement seized 6 grams of crack, 40 individually-wrapped packages of crack, and $2,000 in cash.
Rodriguez faces at least 5 years and up to life in prison, and a term of post-release supervision of up to 5 years. 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 Amsterdam Police Department and ATF, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Akron Ohio Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
CHARLESTON, W.Va. – An Akron, Ohio, man admitted to possessing methamphetamine with intent to distribute and carrying a firearm during a drug trafficking crime, announced United States Attorney Mike Stuart. Rodney Lammar Hargrove, age 48, pled guilty today before United States District Judge David E. Faber. Stuart commended the investigation conducted by the Metropolitan Drug Enforcement Network Team (MDENT), Charleston Police Department, Kanawha County Sheriff’s Department, St. Albans Police Department, and South Charleston Police Department.
“Another out-of-state drug dealer with meth, heroin and a gun -- and CARFENTANYL -- on Charleston’s West Side,” said United States Attorney Mike Stuart. “Carfentanyl- the same fentanyl analogue that is used to tranquilize elephants. I am so grateful to our law enforcement officers for getting Hargrove and these deadly drugs off our streets and away from our families.”
As established by public court filings and hearings, on February 16, 2018, police were investigating a known drug house on Frame Street in Charleston, West Virginia. The investigators found suspected heroin, needles, and other drug paraphernalia. As they were preparing to leave, Hargrove entered the house. Hargrove admitted that he was carrying a gun, which the investigators retrieved for their safety. Hargrove also gave the investigators permission to retrieve drugs that he was carrying: approximately 20 grams of ice methamphetamine and approximately 6 grams of a mixture containing carfentanyl, a powerful and deadly fentanyl analogue.
Investigators arrested Hargrove and transported him to the police station, where he confessed to investigators that he was a drug dealer. Hargrove explained that he had been receiving about a half-ounce of methamphetamine and 10 grams of heroin at a time for resale in Charleston.
Hargrove is facing a mandatory minimum of ten years in prison and up to life imprisonment when he is sentenced on August 6, 2019. Assistant United States Attorney Drew O. Inman is handling the prosecution.
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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21 Vehicles to be Auctioned as Result of Major Marijuana ProsecutionRead the Press Release
Twenty-one high-performance vehicles will be sold in an online auction that resulted from one of the largest federal marijuana prosecutions in Tulsa, announced U.S. Attorney Trent Shores.
The inventory includes drag, drift and track cars, high end street vehicles and a Toyota Tundra SRS. Many are highly modified vehicles to include 2JZE GTE motors, twin turbo engines, nitrous equipped, Stroud parachutes and 200-1800 HP engines. Fourteen are Japanese Domestic Market cars.
On Aug. 31, 2018, Kong Meng Vang, 35, of Tulsa, pleaded guilty to drug conspiracy, possession with intent to distribute 100 kilograms or more of marijuana and money laundering. The defendant admitted to transporting 1,500 pounds of marijuana from California to sell in the Tulsa area. The marijuana was valued at $5 million. As part of the plea agreement, the United States and Vang agreed to the forfeiture of 21 of the defendant’s vehicles along with seven residences, firearms and ammunition.
“Vang profited by fueling the addiction of others. He sold, literally, tons of marijuana in northeastern Oklahoma. With his illegal drug profits, he purchased and modified race cars, some of which looked like they were straight off the set of The Fast and The Furious. But here’s the deal: Drug dealers don’t get to keep the luxury items they purchased with illicit drug proceeds,” said U.S. Attorney Shores. “These cars are being auctioned starting today, and the money will go to help state and local law enforcement in their drug enforcement efforts.”
The U.S. Marshals Service along with Apple Towing are selling the high-performance cars at an on-line auction starting March 18 at 10 am CST and closing April 1 at 10 am CST. To view auction details and all vehicles, go to the U.S. Marshals Service’s authorized auctioneer Apple Towing’s website here. Each car will have a link labeled “specification sheet” which will provide a detailed list of equipment on each car.
As advertised, many of these vehicles are for Off Road/Track use only and cannot be titled, registered or operated on U.S. roadways.
Interested buyers can preview the cars in person on March 29, from 9 am- 5 pm CST, at Race Communications: 805 Jet Drive, Midwest City, Oklahoma.
Below is a highlight of some of the unique cars that can be purchased:
2009 Nissan GT-R https:(spec sheet)
1997 Lexus SC300 (spec sheet
1991 Acura NSX (spec sheet)
1972 Datsun 240Z, Pro-Street/2L (spec sheet)
1993 Toyota Supra Pro-Street/Strip (spec sheet)
1999 Nissan Skyline GTR R34 (spec sheet)
2000 Mitsubishi Lancer EVO VI Tommi Makinen GSR (spec sheet)
This case resulted from a joint investigation conducted by the Tulsa Police Department; Drug Enforcement Administration; U.S. Department of Treasury, IRS-Criminal Investigation; and U.S. Marshals Service. Assistant U.S. Attorney Joseph F. Wilson prosecuted the case as part of the U.S. Attorney’s Organized Crime and Drug Enforcement Task Force. Assistant U.S. Attorney Catherine J. Depew handled the forfeiture of assets.
15 March 2019
“Straw Hat Bandit” Richard Boyle Convicted of 11 Bank Robberies at TrialRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Richard Boyle, 59, of Doylestown, PA was convicted today by a federal jury of 11 separate bank robberies, 10 counts of brandishing, using, and carrying a firearm during a crime of violence, and 10 counts of money laundering. The sentencing hearing is scheduled on July 15, 2019 before the Honorable Gene E.K. Pratter.
The defendant was a serial bank robber, sometimes referred to as the “Straw Hat Bandit.” During 11 separate bank robberies, the defendant stole a total of $495,686. He was able to steal that stunning total by threats of violence, including taking over the bank and forcing bank employees at gunpoint to open the vaults and cash-rich ATM machines. The defendant made careful plans to avoid apprehension, including wearing disguises, gloves, and even spreading bleach on the floor of the banks to conceal his DNA. Immediately prior to certain bank robberies, the defendant attempted to slow the police response time to the bank robbery alarms by calling police or security about false reports, including a bomb threat at a country club, a planned attack at a mall, and a man with a gun at Temple University. After the robberies, the defendant laundered the proceeds of his robberies by routing the funds through his photography business, Sky Eye View, in an attempt to conceal the source of this income.
“The defendant’s conduct in this case was outrageous,” said U.S. Attorney McSwain. “From robbing banks and holding innocent bank employees at gunpoint to calling in hoax threats to divert law enforcement resources and slow response time, Boyle had no regard for the safety of anyone in the community. He only cared about lining his own pockets with stolen cash. We are grateful that the jury held him accountable for his many crimes.”
“Eight and a half years ago, Richard Boyle stood in a different courtroom, having confessed to a string of bank robberies,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “He said he wished he could’ve made better choices. But after serving out his prison sentence, he was soon robbing banks again--this time, in disguises and at gunpoint. Given the chance to do and be better, he instead chose to escalate his crimes. In doing so, he terrorized the employees of nearly a dozen banks and put people’s lives at risk. The FBI appreciates that this jury, having weighed the considerable evidence against Mr. Boyle, chose to find him guilty as charged.”
The case was investigated by the Federal Bureau of Investigation, and the case is being prosecuted by Assistant United States Attorneys Robert Livermore and Sean McDonnell.
Worcester Man Charged with Possessing Child PornographyRead the Press Release
BOSTON – A Worcester man was charged in federal court in Worcester with possession of child pornography.
Michael Chapman, 62, was charged with one count of possession of child pornography. He appeared in federal court in Worcester yesterday and consented to a voluntary order of detention.
On July 2, 2017, Chapman allegedly uploaded two images depicting child pornography using his Skype account. Chapman is a registered Level 3 sex offender due to multiple prior convictions: In 2004, he was convicted of two counts of indecent assault and battery on a child under 14 and three counts of obscene material; in 1994, he was convicted of transporting in interstate commerce a visual depiction of a minor engaging in sexually explicit conduct; and, in 1984, he was convicted of rape of a child and four counts of lewd and lascivious acts.
The charge provides for a sentence of no greater than 20 years in prison, five years and up to a lifetime of supervised release, and a fine of $250,000. Due to prior convictions, Chapman faces a minimum mandatory sentence of 10 years in prison. 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; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Massachusetts State Police Superintendent Colonel Kerry Gilpin; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Lelling’s Worcester Branch Office is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Worcester Man Charged with Federal Firearm OffenseRead the Press Release
BOSTON - A Worcester man was charged yesterday in federal court in Worcester with being a felon in possession of a firearm.
Leroy Byron, 34, was indicted on one count of being a felon in possession of a firearm. Byron has been in federal custody since he was charged by complaint in November 2018.
According to the charging documents, on Nov. 5, 2018, Brown was arrested after law enforcement seized a loaded Intratec TEC-9 9mm Luger pistol and 32 rounds of ammunition from his vehicle during a traffic stop. Byron is prohibited from possessing a firearm due to prior convictions punishable by more than one year in person.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Kelly Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney John T. Mulcahy of Lelling’s Worcester Branch Office is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is 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.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Wilkinson County Deputy Sheriff and Wilkinson County Resident Charged in Wire Fraud SchemeRead the Press Release
Jackson, Miss. – Wilkinson County Deputy Sheriff Christopher James, 43, and Kelvin Tolliver, 54, both residents of Woodville, Mississippi, have been indicted on conspiracy and wire fraud charges, announced U.S. Attorney Mike Hurst and FBI Special Agent in Charge Christopher Freeze.
James and Tolliver are charged with one count of conspiracy and one count of wire fraud involving a scheme and artifice to defraud Mississippi Farm Bureau. The indictment alleges that James and Tolliver conspired to fraudulently obtain insurance proceeds by creating and submitting a false offense report with the Wilkinson County Sheriff’s Department stating that Tolliver’s ATV had been stolen when, in fact, the ATV had not been stolen. James used his position as a Wilkinson County Deputy Sheriff to prepare and submit the false offense report, which was used to obtain over $12,000 in insurance proceeds. James was also employed as a guard at the Louisiana State Penitentiary in Angola, Louisiana.
Tolliver is scheduled to be arraigned before United States Magistrate Judge Keith Ball today at 2:30 p.m. James was arraigned before United States Magistrate Judge Ball on Wednesday, March 13, 2018, and released on a $10,000 bond.
The case is currently scheduled for trial in Natchez before United States District Judge David C. Bramlette on May 6, 2019.
U.S. Attorney Hurst commended the Public Corruption Task Force of the FBI’s Jackson Division, which is comprised of Special Agents with the FBI and Investigators from the Mississippi State Auditor’s Office, for their work on the investigation and commended the assistance of the DEA and the Mississippi Bureau of Narcotics. The case is being prosecuted by Assistant United States Attorney Dave Fulcher.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law.
United States Alleges Multiple Environmental Violations by the City of QuincyRead the Press Release
BOSTON – The United States has filed a civil complaint alleging that the City of Quincy is violating the Clean Water Act by discharging sewage and untreated wastewater into the Boston Harbor, Dorchester Bay, Quincy Bay and other waterways from the City’s sanitary sewer and storm drain systems.
The complaint alleges that water quality samples from 2009 through 2018 demonstrated that Quincy discharged pollutants, including the bacteria commonly known as E. coli and Enteroccous, onto Quincy beaches and tidal areas along the coastline. It also alleges that the water quality samples taken from Quincy Bay, Sagamore Creek, Town Brook, Town River Bay and Furnace Brook from the period 2009 through 2013 showed the discharge of ammonia, surfactants and pharmaceutical compounds, which are indicative of sewage waste. In addition, the complaint alleges that Quincy’s sanitary sewer system overflowed on numerous occasions, resulting in discharges of sewage and untreated wastewater.
“The Clean Water Act is designed to protect the waters of the United States for the health and enjoyment of its citizens. This complaint demonstrates our commitment to ensuring that our waters and beaches are protected from discharges such as raw sewage and seeks to require that the City of Quincy take the important and necessary steps to do so,” said United States Attorney Andrew E. Lelling.
“This complaint represents a critical step in the ongoing cleanup of Boston Harbor and nearby urban rivers,” said Deb Szaro, Acting Regional Administrator of EPA’s New England region. “EPA is committed to ensuring the restoration of Boston Harbor and addressing sewage discharges in local communities continues in order to protect public health and clean water.”
The Clean Water Act provides for monetary daily penalties of $37,500 for each violation that occurred on or before Nov. 2, 2015, and $54,833 for each violation occurring after Nov. 2, 2015. The complaint seeks the recovery of penalties and requests that the Court permanently enjoin the City from future violations of the Clean Water Act.
EPA has focused enforcement and compliance resources on the most serious environmental violations, including keeping raw sewage and contaminated stormwater out of our nation’s waters. The United States Attorney’s Office, working with the Department of Justice’s Environment and Natural Resources Division, filed the complaint on behalf of the U.S. Environmental Protection Agency (EPA) as part of that effort. Raw sewage overflows and inadequately controlled stormwater discharges from municipal sewer systems introduce a variety of harmful pollutants, including disease causing organisms, metals and nutrients that threaten our communities’ water quality and can contribute to disease outbreaks, beach and shellfish bed closings, flooding, stream scouring, fishing advisories and basement backups of sewage.
U.S. Attorney Lelling and EPA Acting Regional Administrator Szaro made the announcement today. The case is being handled by Assistant U.S. Attorney Susan M. Poswistilo of Lelling’s Civil Division.
Uniontown Man Pleads Guilty to Defrauding his Employer, Failing to File Tax ReturnsRead the Press Release
PITTSBURGH, PA - A resident of Uniontown, Pennsylvania, pleaded guilty in federal court to charges of mail fraud, tax evasion, and willful failure to file income tax returns, United States Attorney Scott W. Brady announced today.
Eugene Traficante, 44, pleaded guilty yesterday to four counts before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that in 2006, Traficante was hired to perform billing and bookkeeping work for a business located in Steubenville, Ohio. As part of his duties, Traficante had access to a post office box where the business received payments from customers through the United States mail. In May 2006, Traficante opened a bank account at National City Bank and began depositing into the account checks that he removed from the company’s post office box without the knowledge or consent of the owner of the victim business. Traficante withdrew fraudulently obtained monies from the National City Bank account for his own personal benefit. Traficante stole and/or diverted approximately 168 checks totaling $345,552.59. Additionally, from around January 2011 through April 15, 2012, Traficante willfully attempted to evade income tax due and owing by him to the United States for the 2011 calendar year. Traficante also willfully failed to file income tax returns following the close of the 2012 and 2013 calendar years despite being required by law to do so.
Judge Bissoon scheduled sentencing for July 9, 2019. The law provides for a maximum total sentence of up to 20 years in prison and a fine of up to $250,000 for the mail fraud offense, up to five years in prison and a fine of up to $250,000 for tax evasion, and up to one year in prison and up to a $100,000 fine for each count of conviction of failure to file tax returns. 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.
The Internal Revenue Service and the United States Postal Inspection Service conducted the investigation leading to the indictment in this case
Two Members of Violent West Baltimore Gang Sentenced to up to Life in Prison for Federal Racketeering and Drug ConspiraciesRead the Press Release
Two Baltimore, Maryland men were sentenced today to life and 30 years, respectively, in prison for conspiring to participate in a drug distribution conspiracy and a violent racketeering enterprise known as Trained To Go (TTG). The racketeering conspiracy included eight murders, as well as drug trafficking and witness intimidation.
John Harrison, aka Binkie, 28, and Linton Broughton, aka Marty, 25; both of Baltimore, were sentenced by U.S. District Judge Catherine C. Blake to serve life in prison, and 360 months in prison, respectively, each followed by five years of supervised release. Broughton, Harrison and their co-defendants were also convicted of a drug distribution conspiracy involving heroin, marijuana, and cocaine. Harrison participated in the murder of five individuals and a firearm recovered from Broughton was found to be used in four of those murders.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; U.S. Attorney Robert K. Hur for the District of Maryland; Acting Special Agent in Charge Jennifer L. Moore of the FBI Baltimore Field Office; Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Assistant Special Agent in Charge Don A. Hibbert of the U.S. Drug Enforcement Administration (DEA) Baltimore District Office; Anne Arundel County Police Chief Tim Altomare and Baltimore City State’s Attorney Marilyn J. Mosby made the announcement.
“For years, John Harrison, Linton Broughton, and other members of the vicious Trained To Go gang brought death and violence to the streets of Baltimore,” said Assistant Attorney General Brian A. Benczkowski. “We thank our hard-working prosecutors, as well as our federal, state, and local law enforcement partners, for their dedication in dismantling this vile gang.”
“Violent gang members must know that gun crime leads to federal time,” said U.S. Attorney Robert K. Hur. “As this case demonstrates, all too often, guns and drugs go hand in hand—and both are killers. Thanks to the partnership between federal, state, and local law enforcement, these drug dealers will no longer peddle death in West Baltimore. Harrison, Broughton and their TTG co-defendants will be removed from the community they terrorized and serve their sentences in federal prison, where there is no parole - ever.”
According to the evidence presented at their 24-day trial, Broughton, Harrison and their co-defendants are all members of TTG, a criminal organization that operated in the Sandtown neighborhood of West Baltimore, whose members engaged in drug distribution and acts of violence including murder, armed robbery, and witness intimidation. As part of the conspiracy, each defendant agreed that a conspirator would commit at least two acts of racketeering activity for TTG.
The evidence at trial showed that members and associates of TTG sold heroin, cocaine, and marijuana, and worked to defend their exclusive right to control who sold narcotics in TTG territory. The evidence showed the Broughton was one of TTG’s primary distributors of heroin and marijuana. Broughton distributed the drugs from multiple locations in Sandtown. In addition, the evidence proved that between May 20, 2010 and Jan. 9, 2017, Broughton, Harrison, their co-defendants, and other members of TTG committed acts of violence, including eight murders, shootings, armed robbery, and witness intimidation. Murders were committed in retaliation for individuals robbing TTG members of drugs and drug proceeds, or while TTG members robbed others of their drugs and drug proceeds, as well as in murder-for-hire schemes. Harrison was found to have participated in the murder of three people on July 7, 2015, as well as two other murders. A gun that Broughton had hidden was recovered on Jan. 28, 2016, was determined to have been used in the murders on July 7, 2015, as well as another murder committed by Harrison. Further, the defendants engaged in witness intimidation through violence or threats of violence, to prevent individuals from cooperating with law enforcement.
The leader of the gang, Montana Barronette, aka Tana and Tanner, 23, of Baltimore, was sentenced to serve life in prison on Feb. 15. Co-defendant Brandon Wilson, aka Ali, 24, also of Baltimore, was sentenced to serve 25 years in prison on March 1, 2019.
The remaining defendants convicted at the trial are all from Baltimore, and face a maximum sentence of life in prison on the racketeering and drug conspiracies. They include: Terrell Sivells, aka Rell, 27; Taurus Tillman, aka Tash, 29; Dennis Pulley, aka Denmo, 31; and Timothy Floyd, aka Tim Rod, 28.
The defendants remain detained.
Three other TTG members previously pleaded guilty and were sentenced to between five and 25 years in prison. Another defendant, Roger Taylor, aka Milk, is a fugitive.
The investigation was conducted by the FBI Baltimore Safe Streets Violent Gang Task Force, which includes FBI special agents and task force officers from the Baltimore, Baltimore County, and Anne Arundel County Police Departments. FBI Baltimore Safe Streets Violent Gang Task Force is responsible for identifying and targeting the most violent gangs in the Baltimore metropolitan area, to address gang violence and the associated homicides in Baltimore. The vision of the program is to use federal racketeering statutes to disrupt and dismantle significant violent criminal threats and criminal enterprises affecting the safety and well-being of our citizens and our communities.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its 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.
Harrison is still facing charges for allegedly assaulting employees of the U.S. Marshals Service (USMS) while he was detained and being transported to and from the courtroom during their trial. According to the indictment, on Sept. 21, 2018, Harrison and a co-defendant assaulted two Deputy U.S. Marshals and a U.S. District Court Security Officer as they were being escorted from the courtroom during a break in the trial. The charges in an indictment are merely allegations, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. The U.S. Marshals Service is investigating the case.
The investigation was conducted by the FBI, Baltimore Police Department, ATF, DEA, Anne Arundel County Police Department and the Office of the State’s Attorney for Baltimore City. Special Assistant U.S. Attorney John C. Hanley, formerly of the Justice Department’s Organized Crime and Gang Section, and Assistant U.S. Attorneys Christopher J. Romano and Daniel C. Gardner of the District of Maryland prosecuted this Organized Crime Drug Enforcement Task Force case.
Two Members of Violent West Baltimore Gang Sentenced to Life and 30 Years in Prison, Respectively, for Federal Racketeering and Drug ConspiraciesRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced John Harrison, a/k/a Binkie, age 28, from Baltimore, to life in prison, and sentenced Linton Broughton, a/k/a Marty, age 25, also from Baltimore, to 30 years in federal prison, each followed by five years of supervised release, for conspiring to participate in a drug distribution conspiracy and a violent racketeering enterprise known as Trained To Go (TTG). The racketeering conspiracy included eight murders, as well as drug trafficking; and witness intimidation. Broughton, Harrison, and their co-defendants were also convicted of a drug distribution conspiracy involving heroin, marijuana, and cocaine. Harrison participated in the murder of five individuals and a firearm recovered from Broughton was found to be used in four of those murders.
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; Commissioner Michael Harrison of the Baltimore Police Department; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Anne Arundel County Police Chief Tim Altomare; and Baltimore City State’s Attorney Marilyn J. Mosby.
“Violent gang members must know that gun crime leads to federal time. As this case demonstrates, all too often, guns and drugs go hand in hand—and both are killers,” said U.S. Attorney Robert K. Hur. “Thanks to the partnership between federal, state, and local law enforcement, these drug dealers will no longer peddle death in West Baltimore. Harrison, Broughton, and their TTG co-defendants will be removed from the community they terrorized and serve their sentences in federal prison, where there is no parole - ever.”
“For years, John Harrison, Linton Broughton, and other members of the vicious Trained To Go gang brought death and violence to the streets of Baltimore,” said Assistant Attorney General Brian A. Benczkowski. “We thank our hard-working prosecutors, as well as our federal, state, and local law enforcement partners, for their dedication in dismantling this vile gang.”
According to the evidence presented at their 24-day trial, Broughton, Harrison and their co-defendants are all members of TTG, a criminal organization that operated in the Sandtown neighborhood of West Baltimore, whose members engaged in drug distribution and acts of violence including murder, armed robbery, and witness intimidation. As part of the conspiracy, each defendant agreed that a conspirator would commit at least two acts of racketeering activity for TTG.
The evidence at trial showed that members and associates of TTG sold heroin, cocaine, and marijuana, and worked to defend their exclusive right to control who sold narcotics in TTG territory. The evidence showed the Broughton was one of TTG’s primary distributors of heroin and marijuana. Broughton distributed the drugs from multiple locations in Sandtown. In addition, the evidence proved that between May 20, 2010 and January 9, 2017, Broughton, Harrison, their co-defendants, and other members of TTG committed acts of violence, including eight murders, shootings, armed robbery, and witness intimidation. Murders were committed in retaliation for individuals robbing TTG members of drugs and drug proceeds, or while TTG members robbed others of their drugs and drug proceeds, as well as in murder-for-hire schemes. Harrison was found to have participated in the murder of three people on July 7, 2015, as well as two other murders. A gun that Broughton had hidden was recovered on January 28, 2016, was determined to have been used in the murders on July 7, 2015, as well as another murder committed by Harrison. Further, the defendants engaged in witness intimidation through violence or threats of violence, to prevent individuals from cooperating with law enforcement.
The leader of the gang, Montana Barronette, a/k/a Tana, and Tanner, age 23, of Baltimore, was sentenced to life in prison on February 15, 2019. Co-defendant Brandon Wilson, a/k/a Ali, age 24, also of Baltimore, was sentenced to 25 years in prison on March 1, 2019.
The remaining defendants convicted at the trial are all from Baltimore, and face a maximum sentence of life in prison on the racketeering and drug conspiracies. They include: Terrell Sivells, a/k/a Rell, age 27; Taurus Tillman, a/k/a Tash, age 29; Dennis Pulley, a/k/a Denmo, age 31; and Timothy Floyd, a/k/a Tim Rod, age 28. The defendants remain detained.
Three other TTG members previously pleaded guilty and were sentenced to between five and 25 years in prison. Another defendant, Roger Taylor, a/k/a Milk, is a fugitive.
The investigation was conducted by the FBI Baltimore Safe Streets Violent Gang Task Force, which includes FBI special agents and task force officers from the Baltimore, Baltimore County, and Anne Arundel County Police Departments. FBI Baltimore Safe Streets Violent Gang Task Force is responsible for identifying and targeting the most violent gangs in the Baltimore metropolitan area, to address gang violence and the associated homicides in Baltimore. The vision of the program is to use federal racketeering statutes to disrupt and dismantle significant violent criminal threats and criminal enterprises affecting the safety and well-being of our citizens and our communities.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its 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.
Harrison is still facing charges for allegedly assaulting employees of the U.S. Marshals Service (USMS) while he was detained and being transported to and from the courtroom during their trial. According to the indictment, on September 21, 2018, Harrison and a co-defendant assaulted two Deputy U.S. Marshals and a U.S. District Court Security Officer as they were being escorted from the courtroom during a break in the trial. If convicted of the assault charges, Harrison faces a maximum sentence of eight years in prison. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. The U.S. Marshals Service is investigating the case.
United States Attorney Robert K. Hur and Assistant Attorney General Brian A. Benczkowski commended the FBI, the Baltimore Police Department, the ATF, the DEA, the Anne Arundel County Police Department, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Christopher J. Romano, Daniel C. Gardner, and Special Assistant U.S. Attorney John C. Hanley formerly of the Justice Department’s Organized Crime and Gang Section, who prosecuted this Organized Crime Drug Enforcement Task Force case.
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Two Fairbanks Men Plead Guilty to Federal Identity Theft ChargesRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Andrew Mac Saunders, 43, and Ian David Bowman, 30, both of Fairbanks, pleaded guilty today before U.S. District Judge Ralph R. Beistline, to federal identity theft charges.
According to court documents, on Jan. 19, 2018, the Alaska State Troopers (AST) responded to a report that Saunders and Bowman were perpetrating a scheme to manufacture and use counterfeit identification documents and counterfeit checks. A search warrant was executed on their shared residence in Fairbanks, where AST seized three computers, three external hard drives, a flip camera, a scanner, check printer paper, blank check papers, and printers containing blank check papers.
The seized computers contained at least 51 unique counterfeit identification documents, including Alaska State Driver’s Licenses of actual other persons. Ten of the counterfeit identification documents displayed Saunders’ photograph along with the names and addresses of other actual persons; 21 of the documents displayed Bowman’s photograph; and 20 other documents displayed the photographs of their co-conspirators. Numerous stolen items were also seized that contained the names and personal information of actual persons, including 19 Alaska State ID cards, a real U.S. passport, W-2 and W-4 documents, tax forms, and U.S. mail. Saunders, Bowman, and their co-conspirators also used the seized laptop and printers to manufacture and print counterfeit checks with routing numbers and account numbers of numerous other actual persons’ bank accounts. The routing numbers were obtained by stealing mail from numerous people, including people in Fairbanks and North Pole, Alaska.
The investigation revealed that the purpose of the scheme was for Saunders, Bowman and their co-conspirators to use the counterfeit identification documents and counterfeit checks to fraudulently purchase, among other things, cell phones and other items in Fairbanks and North Pole. After using the counterfeit identification documents and checks to purchase these items, many of the items were sold for cash. The investigation further revealed that Saunders, Bowman and their co-conspirators used the proceeds obtained from these sales to purchase illegal narcotics.
The sentencing hearings have been scheduled for June 7, 2019, in Fairbanks. Saunders and Bowman each face a maximum sentence of up to 15 years in prison and a fine of up to $250,000, or both, on the charges. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the criminal history, if any, of the defendants. As part of their plea agreements, Saunders and Bowman have also agreed to pay restitution to victims for costs associated with credit monitoring services, among other things, which will be determined at sentencing.
The Alaska State Troopers (AST) and the Federal Bureau of Investigation (FBI) conducted the investigation leading to the charges in this case. This case is being prosecuted by Assistant U.S. Attorney Ryan D. Tansey and Assistant U.S. Attorney Steve Corso.
Texas Man Pleads Guilty to Possessing HeroinRead the Press Release
Gulfport, Miss – Ambrose Dejuan Nelson, 40, of Dallas, Texas, pled guilty today before U.S. District U.S. District Judge Sul Ozerden to possession of a controlled substance, announced U.S. Attorney Mike Hurst and Special Agent in Charge Christopher Freeze with Federal Bureau of Investigation.
On July 7, 2018, a Jackson County Sheriff’s deputy conducted a traffic stop on a vehicle driven by Nelson. The deputy noticed Nelson, the sole occupant in the car, put something in the back seat. He also noticed that Nelson appeared to be under the influence of something. Nelson was administered several tests to determine whether he was in fact under the influence, and he failed all examinations. Nelson was subsequently arrested and he began to struggle with the deputy. During the altercation, Nelson snapped his cell phone in half and destroyed it. The deputy searched the rest of Nelson’s car and found a bag containing a substance which tested positive for heroin and weighed over 17 grams.
Nelson will be sentenced on March 15, 2019, by Judge Ozerden, and faces a maximum penalty of twenty years in prison and a $1,000,000 fine.
The case was investigated by the FBI Safe Streets Task Force and Jackson County Sheriff’s Department. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Statement by United States Attorney Mike Stuart on Mosque Shootings in Christchurch, New ZealandRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart issued the following statement:
"The heinous acts of mass and brutal violence that targeted mosques in New Zealand are troubling and repugnant on many levels. My heart is broken for the victims of this senseless event. Violence against any people on the basis of religion or, for that matter, any basis, are acts that deserve our unified condemnation. Today, we are all New Zealanders.”
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Statement by Attorney General William P. Barr on Mosque Shootings in Christchurch, New ZealandRead the Press Release
Attorney General William P. Barr issued the following statement:
"Violence on the basis of religion is evil. Today's attack in New Zealand is a sobering reminder that the threat of political and religious violence is real and that we must remain vigilant against it. The Justice Department joins in mourning with the people of New Zealand.”
Statement by U.S. Attorney MacDonald in Response to the Attacks in Christchurch, New ZealandRead the Press Release
United States Attorney Erica H. MacDonald issued the following statement in response to the mosque shootings in Christchurch, New Zealand:
“United, we must condemn all acts of violence fueled by hatred, bigotry, and intolerance. My commitment to freedom and safety for all of our faith communities and houses of worship is unwavering. This is a sad day and we are grieving with the people of Christchurch, New Zealand,” said U.S. Attorney MacDonald.
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
St. Croix Man Sentenced for His Role in Attempting to Smuggle Marijuana through the Henry E. Rohlsen AirportRead the Press Release
St. Croix, USVI – Gibbs Bully, 52, of St. Croix, was sentenced on March 14, 2019, in District Count on one count of Possession of Marijuana with Intent to Distribute, United States Attorney Gretchen C.F. Shappert announced.
Chief Judge Wilma A. Lewis sentenced Bully to a prison sentence of 18 months, followed by four years of supervised release, and imposed a fine of $4,000 and a $100 special assessment. Bully was ordered to surrender to the U.S. Marshals on April 15, 2019 to serve his sentence.
Bully previously pled guilty to the charge on January 10, 2018. According to court documents, his codefendant traveled on an American Airlines flight from Miami, Florida, to St. Croix via the Henry E. Rohlsen Airport. Mr. Bully solicited, aided and abetted his codefendant in checking one box onto the flight containing five separate vacuum-sealed packages of marijuana, weighing approximately 4.5 kilograms. Once the codefendant arrived in St. Croix, Bully retrieved the box containing the marijuana from the baggage carousel. He was immediately detained by Customs and Border Protection officers.
The case was investigated Customs and Border Protection, Homeland Security, and the marijuana was analyzed by the DEA Southeast Crime Laboratory in Miami. The case was prosecuted by Assistant United States Attorney Daniel H. Huston.
Springfield Woman and Man Charged with Stealing Social Security BenefitsRead the Press Release
BOSTON – Two Springfield residents were charged in federal court in Springfield for stealing Social Security benefits.
Hilda Griffin, 37, and Daquan Harris, 24, were each charged with three counts of theft of public money and one count of conspiracy. Harris appeared in federal court in Springfield on March 13, 2019, and was released on conditions. Griffin appeared in federal court in Springfield yesterday and was also released on conditions.
According to the indictment, Griffin served as the representative payee for three individuals who were receiving Social Security benefits. Griffin failed to disclose that the individuals stopped living with her in October 2014, and that she continued to receive benefits on the individuals’ behalf through December 2014. It is alleged that Griffin then conspired with Harris to have him receive the benefits intended for the three individuals and provide those benefits to her. Harris received benefits intended for the three individuals from January 2015 through October 2016. In October 2016, Griffin reapplied to receive Social Security benefits on behalf of the three individuals, despite the fact that they were still not in her custody. Griffin improperly received benefits for two of the individuals from November 2016 through March 2017, and for the third individual from November 2016 through May 2018.
The indictment further alleges that Griffin stole more than $8,915 worth of Social Security benefits paid to her on behalf of the three individuals, and that Harris, conspiring with Griffin, stole more than $21,870 in benefits.
The charge of theft of public money provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Christopher Morgan of Lelling’s Springfield Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Seven People Charged in $50 Million Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – A federal grand jury has returned a 50-count indictment charging seven people with defrauding New Jersey state health benefits programs and other insurers out of more than $50 million by submitting fraudulent claims for medically unnecessary prescriptions, U.S. Attorney Craig Carpenito announced today.
William Hickman, 42, Sara Hickman, 42, Thomas Schallus, 42, Thomas Sher, 46, all of Northfield, New Jersey, Brian Pugh, 41, of Absecon, New Jersey, John Sher, 37, of Margate City, New Jersey, and Christopher Broccoli, 47, of West Deptford, New Jersey, were all charged with conspiracy to commit health care fraud and wire fraud and with individual acts of health care fraud and wire fraud. William and Sara Hickman and Brian Pugh also were charged with conspiracy to commit money laundering and individual acts of money laundering. The defendants are expected to appear later today before U.S. Magistrate Judge Ann Marie Donio in Camden federal court. The case is assigned to U.S. District Judge Robert B. Kugler in Camden.
According to the indictment:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Although compounded drugs are not approved by the Food and Drug Administration (FDA), they are properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
From July 2014 through April 2016, the conspirators recruited individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from a Louisiana pharmacy, identified in the indictment as the “Compounding Pharmacy.” The conspirators learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply.
The conspirators also learned that some New Jersey state and local government and education employees, including teachers, firefighters, municipal police officers, and state troopers, had insurance coverage for these particular compound medications, as did some other insurance plans. An entity referred to in the indictment as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents. The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey for the amounts paid.
The Compounding Pharmacy agreed to pay Boardwalk Medical LLC, a company run by William Hickman and Sara Hickman, a percentage of the amount that the Compounding Pharmacy received for prescriptions obtained by Boardwalk Medical and its associates. The Hickmans then had Pugh and other conspirators recruit individuals who had coverage for compounded medications, and those conspirators found additional recruiters, including Thomas Schallus, John Sher, Thomas Sher, and Christopher Broccoli.
The conspirators recruited public employees covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications from the Compounding Pharmacy without any evaluation or determination by a medical professional that the medications were medically necessary. The defendants paid individuals to agree to receive prescription medications from the Compounding Pharmacy. The defendants completed prescriptions for these individuals and selected the most expensive medications with the highest number of refills to obtain the highest possible insurance reimbursement. The conspirators would have prescriptions signed by a doctor who did not examine the patients. The prescriptions were faxed to the Compounding Pharmacy, which filled the prescriptions and billed the Pharmacy Benefits Administrator.
William Hickman paid Dr. John Gaffney to reward him for signing prescriptions. Gaffney previously pleaded guilty to conspiracy to commit health care fraud and admitted taking payments and signing prescriptions for patients he did not see.
After the prescriptions were filled, the Compounding Pharmacy paid Boardwalk Medical a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator. The Pharmacy Benefits Administrator paid Compounding Pharmacy over $50 million for compounded medications, and the Compounding Pharmacy paid William Hickman and Sara Hickman over $26 million for prescriptions obtained by the conspiracy. The Hickmans paid a portion of that amount to Pugh, Schallus, John Sher, Thomas Sher, Christopher Broccoli, and other conspirators.
The health care fraud and wire fraud conspiracy count with which all defendants are charged carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Each wire fraud count carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. Each health care fraud count carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The money laundering conspiracy charge carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the value of the property involved in the transaction. Each charge of monetary transactions in criminally derived property worth more than $10,000 carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the value of the property involved in the transaction.
U.S. Attorney Carpenito credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, IRS-Criminal Investigation, under the direction of Special Agent in Charge John R. Tafur in Newark, and the U.S. Department of Labor, Office of Inspector General, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to the indictment. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Gurbir S. Grewal and Division Chief Eileen Schlindwein Den Bleyker, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorneys R. David Walk Jr. and Alyson M. Oswald of the U.S. Attorney’s Office in Camden and Assistant U.S. Attorney Barbara Ward, Senior Trial Counsel of the Asset Recovery and Money Laundering Unit in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Second Defendant Pleads Guilty in Multi-Million Dollar Mortgage Fraud SchemeRead 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 Patrick Ogiony, 35, of Buffalo, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to conspiracy to commit bank fraud. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorneys John D. Fabian and Douglas A.C. Penrose, who are handling the case, stated that between March 2011 and June 2017, the defendant conspired with co-defendants Frank Giacobbe, Kevin Morgan, Todd Morgan, and others, to defraud financial institutions, including Evans Bank, N.A.; UBS Securities LLC; M&T Bank; Arbor Commercial Mortgage LLC; SteepRock Capital, LLC; and Berkadia Commercial Mortgage, LLC.
During the course of the conspiracy, Ogiony was employed by Aurora Capital Advisors, LLC, a mortgage brokerage company owned and operated by Frank Giacobbe. Through Aurora, the defendant brokered mortgage loans on behalf of Morgan Management, LLC, a real estate management company that managed over 100 multi-family properties. Kevin Morgan was employed as a Vice President at Morgan Management, and Todd Morgan was employed as a Project Manager.
Ogiony, his co-defendants, and others provided false information to financial institutions and government sponsored enterprises overstating the incomes of properties owned by Morgan Management or certain principals of Morgan Management. The false information induced financial institutions to issue loans: (1) for greater values than the financial institutions would have authorized had they been provided with truthful information; and (2) that the financial institutions would not have issued at the time of issuance had they been provided with truthful information. Ogiony admitted that these properties included:
• The Preserve at Autumn Ridge, Watertown, NY; • The Eden Square Apartments, Cranberry Township, Pennsylvania; • The Rochester Village Apartments at Park Place, Cranberry Township, Pennsylvania; • The Reserve at Southpointe, Canonsburg, Pennsylvania; • 7100 South Shore Drive Apartments, Chicago, Illinois; • The Avon Commons Apartments, Avon, NY; • The Morgan Bay Apartments, Houston, Texas; • Brookwood on the Green, Syracuse, NY; • The Creek Hill Apartments, Rochester, NY; • Hickory Hollow, Rochester, NY; • The Knollwood Manor Apartments, Rochester, NY; • The Links at Centerpointe, Canandaigua, NY; • The Nineteen North Apartments, Pittsburgh, Pennsylvania; • The Overlook at Golden Hills, Lexington, South Carolina; • The Penbrooke Meadows Apartments, Rochester, NY; • The Trails of North Hills Apartments, Raleigh, North Carolina; • The Rivers Pointe Apartments, Syracuse, NY; • The Union Square Apartments, Rochester, NY; • The View at MacKenzi, York, Pennsylvania; and
• The Villas of Victor, Rochester, NY.In addition, the defendant, his co-defendants, and others employed various mechanisms to mislead financial institutions regarding the properties’ occupancy. Ogiony specifically:
• provided false rent rolls to lenders and appraisers on a variety of dates, overstating either the number of renters in a property, the rent paid by occupants; • provided or conspired to provide false and inflated income statements for the properties; and
• worked with others to deceive inspectors into believing that unoccupied apartments were, in fact, occupied.In one such instance, Ogiony and his co-defendants provided false information to Berkadia Commercial Mortgage, LLC, in connection with The Rochester Village Apartments at Park Place, a multi-family residential apartment owned by Morgan Management principals. The information included falsely inflated income from storage unit rentals, false reports of rental income, and falsely reporting apartment units as occupied before certificates of occupancy were obtained for those units.
Also, Ogiony, his co-defendants, and others made misrepresentations and engaged in conduct designed to conceal from the lending financial institutions that they obtained cash from the loan proceeds, which was not used to purchase or maintain the premises. Ogiony, his co-defendants, and others did so by, at times, providing false documentation of obligations purportedly associated with the properties, and by misrepresenting the actual purchase prices of properties.
Defendant Kevin Morgan was previously convicted of conspiracy to commit bank fraud and is awaiting sentencing. Charges remain pending against Frank Giacobbe and Todd Morgan. 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.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent-in-Charge Robert Manchak.
Sentencing will be scheduled at a later date.
Rocky Mount Man and Woman Sentenced for RobberiesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, Chief United States District Judge Terrence W. Boyle sentenced JAQUIN JAMAL PRATT, 20, and nikita shontel taylor, 26, of Rocky Mount, North Carolina to 120 months imprisonment, followed by 3 years of supervised release and 87 months imprisonment, followed by 3 years of supervised release respectfully.
PRATT and TAYLOR were named in a Superseding Indictment filed on September 19, 2018, charging them with interference with commerce by robbery. On December 12, 2018, and November 14, 2018, respectively, PRATt and TAYLOR each pleaded guilty to one count of interference with commerce.
On November 27, 2017, PRATT and TAYLOR robbed Saslow’s Jewelry in Wilson, North Carolina. They zip-tied employees then stole jewelry items valued at over $25,000. On December 8, 2017, PRATT and TAYLOR robbed Swift’s Fine Jewelry in Knightdale, North Carolina. Once again they zip-tied employees and stole jewelry valued above $30,000.
Mr. Higdon commented: “We are extremely pleased with the sentences imposed by the Court. While we cannot fully restore the victims in this case because they will always have to live with the fear and memory of being tied up and robbed. We hope the Court’s sentence will bring some measure of comfort and will deter others from committing similar crimes. And, of course, for the next seven plus years, these defendants won’t be in a position to threaten or harm anyone else.”
This case was initiated through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Investigation of this case was conducted by the Knightdale Police Department, Wilson Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Erin Blondel handled the case on behalf of the government.
Rochester Daycare Worker Arrested, Charged with Attempting to Have Sex with A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hashim J. McCullough, 37, of Rochester, NY, was arrested and charged by criminal complaint with attempted production of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison, a maximum of life, and $250,000.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on March 7, 2019, an FBI Special Agent working undercover as a 14 year old girl (UC) received a friend request from user “ucdamandatmademerich.” The UC accepted the friend request and the two began communicating.
The UC indicated “just want to let u know up front im only 14 years old.” “ucdamandatmademerich” responded by stating “You are very much welcome baeb,” “Really 14 wow” and “You live in Rochester ny.”
A review of the “ucdamandatmademerich” profile indicated the user lived in Rochester and worked at a daycare. Subsequent investigation determined “ucdamandatmademerich” is the defendant who works at the YMCA located on Lewis Street in Rochester.
The UC and McCullough continued to communicate on another social media account set up by the UC. On March 7, 2019, the UC received a message from the defendant requesting photos of the UC who sent a photo showing a clothed female. McCullough then asked for naked pictures of the UC. As the communications continued, the defendant discussed having sexual intercourse with the UC. McCullough also sent a photo of a naked male to the UC.
On March 12, 2019, the defendant suggested that he and the UC meet up for sex. “Daddy taking this Thursday off from work to be with you.” The UC responded by stating “Can you do Friday I got a big test I can’t miss.” McCullough then stated “Ok bae.” The UC agreed to meet the defendant in person on March 15, 2019 at an apartment complex in the Town of Brighton. McCullough arrived at the apartment complex this morning to meet with the UC and was immediately arrested by law enforcement officers.
The defendant made an initial appearance this afternoon before U.S. Magistrate judge Jonathan W. Feldman and was held pending a detention hearing on March 21, 2019, at 9:00 a.m.
Members of the public who have specific information related to this case are urged to contact Bivona Child Advocacy Center at 1-585-935-7800.The complaint is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Owner of Debt Collection Service Charged for Corruptly Providing Benefits to Obtain Business from Cook County Circuit Court Clerk’s OfficeRead the Press Release
CHICAGO — The owner of a debt collection company spent tens of thousands of dollars in an effort to corruptly influence and obtain business from court clerks in Florida and Illinois, including the Cook County Circuit Court Clerk, according to a federal indictment returned in Chicago.
DONALD DONAGHER, JR., 67, of Mechanicsburg, Pa., and Palm Beach Gardens, Fla., was the owner and Chief Executive Officer of Harrisburg, Pa.-based PENN CREDIT CORPORATION. From 2009 to 2016, Donagher and Penn Credit provided money and services to benefit the court clerks and related individuals and entities, corruptly seeking favorable treatment in the awarding of the courts’ debt collection work, the indictment states. The efforts included payments to certain clerks’ campaign committees, donations to charities supported by certain clerks, financial sponsorship of events hosted by certain clerks, and free or discounted “robocalls” made by Penn Credit on behalf of certain clerks’ campaigns, according to the indictment.
The indictment was returned Thursday in U.S. District Court in Chicago. It charges Donagher and Penn Credit with one count of conspiracy to commit federal program bribery, and five counts of federal program bribery. Arraignment in federal court in Chicago has not yet been scheduled.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; Gabriel L. Grchan, Special Agent-in-Charge of the Internal Revenue Service Criminal Investigation Division in Chicago; and Patrick M. Blanchard, Cook County Inspector General. The government is represented by Assistant U.S. Attorneys Heather K. McShain and Ankur Srivastava.
According to the charges, Donagher in June 2011 caused Penn Credit to pay $5,000 to a scholarship fund named for the Cook County Circuit Court Clerk. Later that summer, Penn Credit began collecting debt for the Clerk’s Office, the indictment states. On Aug. 19, 2011 – less than three weeks after Penn Credit began its work for Cook County – Donagher sent an email to Penn Credit employees and an Illinois lobbyist, advising that Donagher had promised the Cook County Clerk “10k of ‘early’ money,” the indictment states. The following month, Donagher caused a $10,000 contribution to be made in his name “towards the fundraising efforts of Contributions to Friends of [the Cook County Circuit Court Clerk],” the indictment states. The indictment further states that, several months later, Penn Credit made hundreds of thousands of phone calls on behalf of the Cook County Circuit Court Clerk without invoicing or receiving payment from the Clerk’s campaign.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The conspiracy charge is punishable by up to five years in prison, while the maximum sentence for federal program bribery is ten years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Old Town Man Sentenced to 35 Years for Sexual Exploitation of Children, and Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Patrick Monahan, 52, of Old Town, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 35 years in prison and a lifetime of supervised release for sexual exploitation of children, and distribution and possession of child pornography. The defendant pled guilty to these charges on September 10, 2018.
According to court records, the defendant, posing online as a teenager, separately persuaded two minors to send him over the internet videos of themselves engaging in sexual activity. The defendant subsequently uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, the defendant possessed child pornography on his computer.
“When Congress passed the child pornography laws, they had a person like you in mind,” said Judge Woodcock during the sentencing. “I have to conclude you are simply incorrigible. You cannot stop yourself. The only way you can stop is if society stops you. It is my duty to put you in a place where you can do no more harm, where you cannot create any more victims.”
The case was investigated by the FBI, the Old Town and Orono Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Old Town Man Sentenced to 20 Years for Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Kenneth McLay, 47, of Old Town, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 20 years in prison and a lifetime of supervised release for distribution and possession of child pornography. The defendant pled guilty to these charges on September 10, 2018.
According to court records, the defendant obtained sexually explicit videos of a minor from the internet and uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, he possessed child pornography on his computer.
“The conclusion I have to arrive at, and I don’t do it lightly, is you are fundamentally incorrigible; you cannot stop yourself,” said Judge Woodcock during the sentencing. “You represent a clear and present danger to children in our society because you simply cannot stop sexualizing them.”
The case was investigated by the FBI, the Old Town and Orono Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Nine Individuals Indicted for Participating in Drug Trafficking ConspiracyRead the Press Release
Concord – United States Attorney Scott W. Murray announced today that nine individuals have been charged with participating in a drug trafficking conspiracy. The indictments are the culmination of a year-long investigation by the FBI in coordination with federal, state, and local authorities in New Hampshire.
On March 6, 2019, the following individuals were charged with participating in a conspiracy to distribute, and possess with intent to distribute, cocaine and crack cocaine:
- George Cruz, 30, Nashua, New Hampshire;
- Lawrence Fortenberry, 65, Nashua, New Hampshire;
- William Greenleaf, 42, Nashua, New Hampshire;
- Donald Johnson, 34, Nashua, New Hampshire;
- Isaiah Kinard, 29, Manchester, New Hampshire;
- Marvin Morrison, 36, Nashua, New Hampshire;
- Terray Morrison, 30, Nashua, New Hampshire;
- Melvin Nooks, Jr., 28, Fitchburg, Massachusetts; and
- Melvin Stanford, 40, Manchester, New Hampshire
As a result of a coordinated operation involving federal, state, and local law enforcement officers, all of the above-listed individuals have been arrested.
If convicted, Morrison, Stanford, Cruz, and Nooks Jr. face a mandatory minimum of ten years in prison and a maximum sentence of life, as well as a fine of up to $10 million. The other defendants face a maximum sentence of 20 years in prison and a fine of up to $1 million.
“Drug traffickers endanger the health and safety of our communities,” said U.S. Attorney Murray. “The arrest and prosecution of drug traffickers is a top priority for this office. We are working closely with the FBI and all of our law enforcement partners to stop the distribution of drugs in order to protect the citizens of the Granite State.”
“As alleged, these individuals distributed crack cocaine in New Hampshire for several years and disrupting drug trafficking organizations like this one is a critical part of our mission. The FBI will continue to focus our energy, and expertise to help our law enforcement partners stem the tide of drugs flooding our streets,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
The indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
The case was a collaborative investigation that involved the FBI New Hampshire Safe Streets Gang Task Force; the Nashua Police Department; the New Hampshire State Police; the Manchester Police Department; New Hampshire Probation and Parole; DEA; Massachusetts State Police Department; Portsmouth Police Department and the Federal Protective Service. The United States Marshals Service also assisted in the investigation.
The case is being prosecuted by Assistant United States Attorneys Georgiana L. Konesky, and Anna Krasinski.
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New London Psychiatrist and Mental Health Clinic Pay over $3.3 Million to Settle False Claims Act AllegationsRead the Press Release
United States Attorney John H. Durham, Special Agent in Charge Phillip Coyne of the U.S. Department of Health and Human Services, Office of Inspector General, and Connecticut Attorney General William Tong today announced that DR. BASSAM AWWA and his medical practice, CONNECTICUT BEHAVIORAL HEALTH ASSOCIATES, P.C. (“CBHA”) have entered into a civil settlement agreement with the federal and state governments in which they will pay $3,382,004 to resolve allegations that they violated the federal and state False Claims Acts.
AWWA, a psychiatrist, is the owner of CBHA, a medical practice located in New London. The practice provides behavioral health and addiction medicine services to Medicare and Medicaid beneficiaries.
As part of AWWA and CBHA’s treatment of patients with substance use disorders, AWWA and CBHA regularly conducted urine drug screening tests on urine samples collected from patients treated at the practice. Although the test screens a patient’s urine for multiple classes of drugs, Medicare considers it a single test that should be billed only once per patient encounter.
The government alleges that AWWA and CBHA submitted claims to Medicare for multiple units of urine drug screening tests, when they knew or should have known that only one unit of service could be billed per patient encounter. By coding their claims using multiple units, instead of a single unit, the government alleges that AWWA and CBHA submitted false claims to the Medicare program and received payments that they were not entitled to receive.
In addition, the government alleges that AWWA and CBHA submitted claims to Medicare for alcohol tests conducted on patient urine samples that they know or should have known were a component of the urine drug screening test for which AWWA and CBHA were already being paid by Medicare.
Finally, the government alleges that AWWA and CBHA defrauded the Connecticut Medicaid program by submitting claims for definitive urine drug tests (also known as “quantitative” or “confirmation” tests) that were not actually performed, and by improperly submitting claims to Medicaid for specimen validity testing of urine samples.
To resolve the governments’ allegations under the federal and state False Claims Acts, AWWA and CBHA have agreed to pay $3,383,004, which covers claims submitted to the Medicare program from January 1, 2011 to December 31, 2015, and claims submitted to the Medicaid program from April 1, 2013 to March 31, 2016.
As part of the settlement, AWWA and CBHA have entered into a three-year billing Integrity Agreement with the U.S. Department of Health and Human Services that is designed to ensure future compliance with the requirements of federal healthcare programs.
“It is alleged that, for years, these defendants recklessly overbilled Medicare for drug screening tests,” said U.S. Attorney Durham. “Medical practices and physicians who treat patients for substance abuse must bill their services accurately and honestly, and health care providers who submit false claims to federal health care programs will be held accountable.”
“It is critically important that we protect federal healthcare programs upon which millions of people rely,” said Special Agent in Charge Coyne. “Thus, we will hold accountable providers who submit false claims to Medicare and receive payments to which they are not entitled.”
“Providers enrolled in the Connecticut Medicaid program are expected and trusted to bill the program accurately and honestly,” said Attorney General Tong. “For years, the defendants betrayed that trust and overcharged the Medicaid program for certain services they provided to Medicaid recipients. This settlement holds those who defrauded this taxpayer-funded program accountable. I want to thank the Connecticut Department of Social Services’ Office of Quality Assurance for assisting with this matter and for their continued efforts in combatting health care fraud.”
This matter was investigated by the Office of Inspector General for the Department of Health and Human Services, the Federal Bureau of Investigation, the U.S. Postal Service, Office of Inspector General, and the Department of Defense, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Richard M. Molot, and Assistant Attorney General Gregory O’Connell of the Connecticut Office of the Attorney General.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS or the Health Care Fraud Task Force at (203) 777-6311.
New Hampton Man Charged with Child Sexual Exploitation OffensesRead the Press Release
William Rolen, age 56, of New Hampton, Iowa, has been charged with attempted enticement of a minor and distribution, receipt, possession, and accessing child pornography. The charges are contained in an Indictment unsealed on March 12, 2019, in United States District Court in Cedar Rapids.
The Indictment alleges that, between February 2018 and March 2018, Rolen attempted to entice a person who he believed to be under 18 to engage in criminal sexual activity. The Indictment also alleges that, between 2015 and 2018, Rolen distributed, received, possessed, and accessed child pornography.
If convicted, Rolen faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,250,000 fine, and at least five years and up to life on supervised release following any imprisonment.
Rolen appeared today in federal court in Cedar Rapids for a detention hearing and was held without bond. Rolen’s next appearance for trial is set for May 13, 2019.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and is being investigated by the Iowa Division of Criminal Investigation, Homeland Security Investigations, the Eau Claire, Wisconsin, Police Department, the New Hampton Police Department, and the Chickasaw County Sheriff’s Office.
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.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 19-2014.
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Michigan Man Pleads Guilty to Bank Fraud and Aggrevated Identity TheftRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that Deandray Buckley, 27, of Belleville, Michigan, pleaded guilty to bank fraud and aggravated identity theft.
According to court documents and statements made in court, Buckley was part of an interstate scheme with others to steal people’s personal identifying information, including social security numbers and bank account information. Buckley obtained this identification information from his accomplices and online and then used it to obtain fake driver’s licenses with other people’s identifying information and his or an accomplice’s photograph. Buckley and an accomplice used the fake driver’s licenses to impersonate bank customers and withdraw or attempt to withdraw money from those bank customers’ accounts. When entering a bank branch, Buckley or an accomplice wore slings on their arms or bandaged their fingers together in case bank tellers asked why the signature on the withdrawal slip did not match the account owners’ signature on file at the bank.
Between October 2017 and February 2018, Buckley or an accomplice entered over 17 bank branches in New Hampshire, Kansas, Connecticut, Massachusetts, Ohio, and Rhode Island and stole or attempted to steal over $90,000 from other people’s bank accounts. On February 27, 2018, Buckley was arrested by the Salem, New Hampshire Police Department after attempting to withdraw $6,000 from another person’s bank account at a Citizen’s Bank branch in Salem. Branch employees recognized Buckley from previous internal fraud alerts, denied the transaction, and called the police. In addition to identifying information from the known fraud victims, Buckley and an accomplice’s cell phones contained bank account information or social security numbers of at least 52 other individuals.
Buckley pleaded guilty to two counts of bank fraud and two counts of aggravated identity theft. He will be sentenced on June 25, 2019.
Another alleged participant in the scheme is charged with wire fraud, bank fraud, and aggravated identity theft in the United States District Court for the District of Kansas. A defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“Identify theft and fraud crimes cause very real damage to their victims,” said U.S. Attorney Murray. “We take these fraud crimes very seriously and work closely with our law enforcement partners to identify and prosecute fraudsters who victimize citizens of the Granite State.”
“The deliberate use of someone else’s identity for financial gain creates considerable impacts for victims,” said U.S. Postal Inspection Service’s Inspector in Charge, Joseph W. Cronin of the Boston Division. “The loss of time and money among other things, can be devastating. The U.S. Postal Inspection Service will continue to work diligently to keep our customer’s personal information secure.”
This matter was investigated by the United States Postal Inspection Service, the United States Secret Service, and the Overland Park Kansas Police Department. The case is being prosecuted by Special Assistant U.S. Attorney Matthew T. Hunter from the District of New Hampshire and Assistant U.S. Attorney Chris Oakley from the District of Kansas.
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Mexican national indicted for aggravated identity theft and making a false claim of U.S. citizenshipRead the Press Release
A Mexican national was indicted on charges of aggravated identity theft and making a false claim of United States citizenship.
Javier Sanchez-Cruz, 38, knowingly and willfully claimed and represented himself to be a United States citizen when, in fact, he was a citizen of Mexico. In the course of committing this crime, he possessed and used the identity of a United States citizen, according to the indictment.
Sanchez-Cruz lived in New Philadelphia using the identity of a resident of Puerto Rico, according to court documents
If convicted, the defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation was conducted by the U.S. Immigration & Customs Enforcement/Department of Homeland Security. The case is being prosecuted by Assistant United States Attorney Damoun Delaviz.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Media Advisory: United States Attorney’s Office and Sioux City Human Rights Commission to Host Forum on Protecting Places of WorshipRead the Press Release
SIOUX CITY, IA –United States Attorney Peter E. Deegan, Jr. and the Sioux City Human Rights Commission will host a community forum focused on protecting places of worship. Leaders of the interfaith community, representatives of houses of worship, and other community stakeholders and members are encouraged to attend to discuss hate crime laws, identifying and reporting hate crimes, and best practices for creating safe and secure houses of worship. The event will conclude with a panel discussion featuring officials from the FBI, DoJ, the United States Attorney’s Office, and the Sioux City Police Department.
Event Details
When: 5:30PM-8:30PM, Thursday, April 25, 2019
Where: Sioux City Public Museum, 607 4th Street, Sioux City, IA
This event is open press. Photography permitted. A press release will be provided and interview opportunities will be available.
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Lucedale Man Sentenced to 9 Years in Federal Prison for Trafficking MethamphetamineRead the Press Release
Gulfport, Miss – Mack Allen Bradley, 49, of Lucedale, Mississippi, was sentenced today by U.S. District Judge Halil Sul Ozerden to 108 months in federal prison, followed by 5 years of supervised release, for possessing with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Christopher Freeze, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
Bradley was stopped after agents observed him meeting with another individual in an area of McClain, Mississippi, where numerous drug arrests had taken place. After what appeared to be an attempt to elude the officers, Bradley’s vehicle was stopped and, after consent to search, approximately an ounce of 98% pure methamphetamine was discovered in the vehicle. Bradley pled guilty on December 21, 2018, to one count of possession with intent to distribute methamphetamine.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney John Meynardie.
Long Island Chiropractor Pleads Guilty to Multi-Million Dollar Health Care FraudRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Raymond R. Pellegrino, a chiropractor, pleaded guilty to health care fraud. Today’s plea took place before United States District Judge Joseph F. Bianco. When sentenced, Pellegrino faces up to 10 years in prison, as well as restitution of $2,110,000, forfeiture of $504,444 and a fine to be determined.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, announced the guilty plea.
“Pellegrino abused his position of trust as a health care provider by billing millions of dollars in fraudulent claims for services that doctors never provided,” stated United States Attorney Donoghue. “Today’s guilty plea sends the message that those who engage in such criminal conduct will be prosecuted to the fullest extent of the law.” Mr. Donoghue expressed his grateful appreciation to the Federal Bureau of Investigation and the New York State Department of Financial Services for its assistance in the case.
Pellegrino operated chiropractic offices in West Hempstead and Hicksville, New York. He hired medical doctors for part-time work and then billed Anthem Empire Blue Cross Blue Shield under the taxpayer identification numbers of those doctors for osteopathic manipulation and other services purportedly provided to beneficiaries. Between December 2013 and September 2014, Pellegrino was paid over $2 million for fraudulent claims filed with Anthem Blue Cross/Blue Shield, billing for medical services that he knew the doctors had not provided.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.
The Defendant:
RAYMOND R. PELLEGRINO
Age: 50
McKinney, TexasE.D.N.Y. Docket No. 18-CR-496 (JFB)
Lincoln Man Sentenced for Distributing Child Pornography on TwitterRead the Press Release
United States Attorney Joe Kelly announced that Keenen G. Russell, 24, of Lincoln, Nebraska, was sentenced today in Lincoln, Nebraska, to 78 months in prison by Chief United States District Judge John M. Gerrard, for the receipt and distribution of child pornography. After his release from federal prison, Russell will be required to serve 5 years on supervised release and register as a sex offender.
In September of 2016, the Omaha office of the Department of Homeland Security received information from the National Center for Missing and Exploited Children (NCMEC) concerning two tips they had received from Twitter, Inc. In August of 2016, a Twitter user posted numerous images of suspected child pornography on their Twitter account. Twitter identified the images as being suspected child pornography, suspended the user’s account and forwarded the identifying information to NCMEC. Twitter identified the user and account holder as Keenen Russell. Of the 59 total images, 12 images were child erotica and 27 images were child pornography as defined by federal law. In November of 2016, a federal search warrant was served on Russell’s residence in Lincoln. An Apple iPad was seized and after forensic examination, an additional 346 images and 771 thumbnails of child pornography were located.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Department of Homeland Security.
Lawsuit Against Southern Ute Police Officers FailsRead the Press Release
DENVER – The U.S. District Court in Denver found that three Southern Ute Police Officers were not liable after the shooting of an Ignacio resident by an officer during a confrontation in December 2012, announced United States Attorney Jason R. Dunn. In response to the Court’s opinion, U.S. Attorney Dunn said the following:
“The U.S. Attorney’s Office is proud of our partnership with the Indian Tribes in southwest Colorado, as is evident in our office’s defense of Southern Ute Indian Tribe police officers. Yesterday’s decision by Senior Judge Richard P. Matsch denied the claims of a plaintiff who incorrectly alleged that these officers acted improperly during a confrontation in 2012. Our thanks go to our law enforcement partners that aided this effort, as well as those from our office’s Civil Division who ensured that justice prevailed.”
Click here for the Court's Opinion
Lauderdale County Man Sentenced to 77 Months for Possession with the Intent to Distribute MethamphetamineRead the Press Release
Memphis, TN – Michael Cole Beasley, AKA "Trickle", of Lauderdale County has been sentenced to federal prison for 77 months for Possession with the Intent to Distribute Methamphetamine. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, on April 12, 2018, Michael Cole Beasley, 40, had an active violation of probation warrant out of the Lauderdale County Circuit Court. Investigators with the Lauderdale County Sheriff's Department received information on Beasley’s location. When law enforcement arrived to a vacant lot on Highland Street in Ripley, TN, Beasley was asleep in a black Chevy pickup truck. Upon searching the vehicle, investigators discovered several small bags of marijuana protruding from the top of a Crown Royal bag on top of the center console, which contained 13 bags of methamphetamine with a total net weight of 7.017 grams and 100% purity. Also located in the truck were digital scales, rolling papers, a torch, a hollow USB micro-pen, and two cell phones. At the time of his arrest, Beasley was on federal supervised release for a prior conviction in 2011 for being a Felon in Possession of a Firearm, for which he received a sentence of 63 months.
On September 18, 2018, United States District Court Judge Jon P. McCalla sentenced Beasley to 24 months imprisonment for the supervised release violation. On November 14, 2018, Beasley pled guilty to Possession with the Intent to Distribute Methamphetamine, in violation of 21 U.S.C. § 841(a)(1). On February 28, 2019, United States District Court Judge Thomas L. Parker sentenced Beasley to 77 months imprisonment followed by four (4) years of supervised release.
U.S. Attorney D. Michael Dunavant said: "This defendant has a long criminal history of felony and misdemeanor convictions involving violence, drug possession, and property offenses, and was on federal supervised release status for a firearms offense and state probation for a felony drug offense. Mr. Beasley has devoted his adult life to a career of criminal conduct in Lauderdale County, and that prior history has finally caught up with him again for possession of meth with a dangerous purity level. This sentence removing him from the community for more than 6 years will make Lauderdale County and West Tennessee a safer place."
This case was investigated by the Lauderdale Sheriff’s Department and the Drug Enforcement Administration (DEA).
Assistant U.S. Attorney P. Neal Oldham prosecuted this case on behalf of the government.
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Kanawha County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Cabin Creek man pled guilty to a federal firearms charge, announced United States Attorney Mike Stuart. Hughie Wayne Petry, 38, pled guilty to being in possession of a stolen sawed off shotgun that was not registered to him with the National Firearms Registration and Transfer Record. The investigation was conducted by the Kanawha County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
On May 6, 2018, the Kanawha County Sheriff’s Office received a call from an individual in the Cabin Creek area that a male had a sawed off shotgun and was yelling threats in the street. A Kanawha County Sheriff’s Deputy responded to the call, and located the individual who attempted to escape by jumping into an area creek. The Deputy tracked down Petry and was able to recover the sawed off shotgun. Petry admitted being in possession of the sawed off shotgun; that he stole the sawed off shotgun; and that it was not registered to him as required by the National Firearms Registration and Transfer Record.
Petry faces up to 10 years in prison when he is sentenced on June 20, 2019.
United States District Judge Joseph R. Goodwin presided over the plea hearing. Assistant United States Attorney Chris Arthur is handling the prosecution.
KC Man Sentenced for Child PornographyRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for attempting to distribute child pornography over the internet.
Donnie Brett Butcher, 56, was sentenced by U.S. District Judge Greg Kays to 10 years in federal prison without parole. The court also sentenced Butcher to 10 years of supervised release following incarceration.
Butcher pleaded guilty on Aug. 17, 2018. The investigation began when a federal undercover agent was contacted online by Butcher, who shared the password to two online folders that contained images and videos of child pornography. FBI agents executed a search warrant at Butcher’s residence on March 6, 2017, and seized various electronics media, including a MacBook computer and an external hard drive.
Although Butcher admitted to agents that he downloaded and exchanged child pornography with his MacBook computer, which contained full-disk encryption, he refused to provide a password so that investigators could examine the computer. Investigators found approximately 11,000 images and videos of child pornography on external storage devices, including videos depicting bondage, bestiality and sexually explicit activity with toddlers.
This case was prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."Justice Department Obtains Largest Ever Settlement Against Property Management Company for Alleged Violations of Servicemembers Civil Relief ActRead the Press Release
ALEXANDRIA, Va. – PRG Real Estate Management and several related entities have agreed to pay up to $1.59 million to resolve allegations of violations of the Servicemembers Civil Relief Act for obtaining unlawful court judgments against military tenants and by charging improper lease termination fees.
“The incredible sacrifices our servicemembers make when they deploy and move frequently should never create financial or legal hardships for them,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This settlement helps ensure that these men and women are honored for, not disadvantaged by, their military service, and that servicemembers’ rights are protected going forward.”
This settlement is the largest ever obtained by the Department against a landlord or property management company for violations of the SCRA.
“When landlords violate the SCRA, it causes disruption in the lives of servicemembers and their families. Our men and women in uniform deserve all the protections the SCRA provides them against civil lawsuits while they are defending our nation,” said Assistant Attorney General Eric Dreiband. “We thank PRG for its cooperation in this case. This substantial settlement clearly sends the message that the Department of Justice is committed to the vigorous enforcement of federal laws that protect servicemembers.”
Under the settlement, PRG will pay up to $1.49 million to compensate 127 servicemembers who had 152 unlawful default judgments entered against them and nearly $35,000 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. PRG will also pay a civil penalty of approximately $62,000 to the United States. The settlement also requires PRG to repair the credit of affected servicemembers, provide SCRA training to its employees and develop new policies and procedures consistent with the SCRA.
The Department launched its investigation after Navy legal assistance attorneys in Norfolk reported that PRG had obtained eviction and money judgments against servicemember-tenants in Virginia state courts by filing affidavits that failed to accurately disclose the tenants’ military status. Under the SCRA, if a landlord files a civil lawsuit against a tenant and the tenant does not appear, the landlord must file an affidavit with the court stating whether the tenant is in the military before seeking a judgment. If the tenant is in military service, the court typically cannot enter judgment until it appoints an attorney to represent the tenant and the court must postpone the proceedings for at least 90 days.
In a complaint filed in the U.S. District Court for the Eastern District of Virginia, the Department alleged that from 2006 to 2017, PRG obtained at least 152 default judgments against 127 SCRA-protected servicemembers by failing to disclose their military service to the court or by falsely stating that they were not in the military. Landlords and lenders can verify an individual’s military status by searching the Defense Manpower Data Center’s free publicly available website or by reviewing their files to see if there are applications, military leave and earnings statements, or military orders indicating military status.
The complaint further alleged that PRG imposed unlawful charges against servicemember-tenants who attempted to terminate their leases early in order to comply with military orders. The SCRA allows military tenants to terminate a residential lease early if the servicemember receives deployment or permanent change of station orders or enters military service during the term of the lease. If a tenant terminates a lease pursuant to the SCRA, the landlord may not impose any early termination fee.
The servicemembers who will receive compensation under this settlement were tenants at the following properties:
• Linkhorn Bay Apartments – Virginia Beach
• The Courtyards of Chanticleer – Virginia Beach;
• Hilton Village Townhomes – Newport News;
• Heritage Trace Apartments – Newport News;
• Hyde Park Apartments – Chester; and
• Ashton Creek – Chester.
An independent settlement administrator will contact the servicemembers to be compensated through this settlement in the upcoming months. The independent administrator will locate victims and distribute payments at no cost to servicemembers.
The matter was investigated by Assistant U.S. Attorney Deirdre G. Brou of the U.S. Attorney’s Office for the Eastern District of Virginia, and the Justice Department’s Civil Rights Division’s Housing and Civil Enforcement Section.
Since 2011, the Department has obtained over $470 million in monetary relief for over 119,000 servicemembers through its enforcement of the SCRA. For more information about the Department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
The civil claims settled are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Justice Department Obtains Its Largest Ever Settlement Against Property Management Company for Alleged Violations of the Servicemembers Civil Relief ActRead the Press Release
The Justice Department today announced that PRG Real Estate Management and several related entities have agreed to pay up to $1,590,000 to resolve allegations that they violated the Servicemembers Civil Relief Act (SCRA) by obtaining unlawful court judgments against military tenants and by charging improper lease termination fees. This settlement is the largest ever obtained by the Department against a landlord or property management company for violations of the SCRA.
Under the settlement, PRG will pay up to $1,490,000 million to compensate 127 servicemembers who had 152 unlawful default judgments entered against them and $34,920.39 to compensate 10 servicemembers who were charged early lease termination fees in violation of the SCRA. PRG will also pay a civil penalty of $62,029 to the United States. The settlement also requires PRG to repair the credit of affected servicemembers, provide SCRA training to its employees and develop new policies and procedures consistent with the SCRA.
“When landlords violate the SCRA, it causes disruption in the lives of servicemembers and their families. Our men and women in uniform deserve all the protections the SCRA provides them against civil lawsuits while they are defending our nation,” said Assistant Attorney General Eric Dreiband. “We thank PRG for its cooperation in this case. This substantial settlement clearly sends the message that the Department of Justice is committed to the vigorous enforcement of federal laws that protect servicemembers.”
“The incredible sacrifices our servicemembers make when they deploy and move frequently should never create financial or legal hardships for them,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “This settlement helps ensure that these men and women are honored for, not disadvantaged by, their military service, and that servicemembers’ rights are protected going forward.”
The Department launched its investigation after Navy legal assistance attorneys in Norfolk, Virginia, reported that PRG had obtained eviction and money judgments against servicemember-tenants in Virginia state courts by filing affidavits that failed to accurately disclose the tenants’ military status. Under the SCRA, if a landlord files a civil lawsuit against a tenant and the tenant does not appear, the landlord must file an affidavit with the court stating whether the tenant is in the military before seeking a judgment. If the tenant is in military service, the court typically cannot enter judgment until it appoints an attorney to represent the tenant and the court must postpone the proceedings for at least 90 days.
In a complaint filed in the United States District Court for the Eastern District of Virginia, the Department alleged that from 2006 to 2017, PRG obtained at least 152 default judgments against 127 SCRA-protected servicemembers by failing to disclose their military service to the court or by falsely stating that they were not in the military. Landlords and lenders can verify an individual’s military status by searching the Defense Manpower Data Center’s free publicly available website or by reviewing their files to see if there are applications, military leave and earnings statements, or military orders indicating military status.
The complaint further alleged that PRG imposed unlawful charges against servicemember-tenants who attempted to terminate their leases early in order to comply with military orders. The SCRA allows military tenants to terminate a residential lease early if the servicemember receives deployment or permanent change of station orders or enters military service during the term of the lease. If a tenant terminates a lease pursuant to the SCRA, the landlord may not impose any early termination fee.
The servicemembers who will receive compensation under this settlement were tenants at the following properties:
- Linkhorn Bay Apartments – Virginia Beach, Virginia;
- The Courtyards of Chanticleer – Virginia Beach, Virginia;
- Hilton Village Townhomes – Newport News, Virginia;
- Heritage Trace Apartments – Newport News, Virginia;
- Hyde Park Apartments – Chester, Virginia; and
- Ashton Creek – Chester, Virginia.
An independent settlement administrator will contact the servicemembers to be compensated through this settlement in the upcoming months. The independent administrator will locate victims and distribute payments at no cost to servicemembers.
This matter was handled jointly by the Civil Rights Division’s Housing and Civil Enforcement Section and the U.S. Attorney’s Office for the Eastern District of Virginia. Since 2011, the Department has obtained over $470 million in monetary relief for over 119,000 servicemembers through its enforcement of the SCRA. For more information about the Department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
The civil claims settled are allegations only; there has been no determination of civil liability.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned this week before U.S. Magistrate judges and indictments handed down by the Grand Jury were unsealed. Indictments are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 12 was:
OSCAR ANTONIO VALENZUELA, 27, of Los Angeles, CA, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. Valenzuela was detained. If convicted of the most serious crime, Valenzuela faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI’s Big Sky West Transnational Organized Crime Task Force. Pacer case reference. 18-127.
ALEXANDER FELIZ BULLTAIL, 27, of Billings, on charges of receipt of a firearm by a person under indictment for a felony. Bulltail was detained. If convicted of the most serious crime, Bulltail faces a maximum five years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-13.
BIRD CORDELL, 24, of Billings, on charges of misappropriation of postal funds. Cordell was released pending trial. If convicted of the most serious crime, Cordell faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. The case was investigated by the U.S. Postal Service Office of Inspector General. Pacer case reference. 19-12.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 13 was:
ALPHONSE BIRD, 83, of Browning, on charges of aggravated sexual abuse and sexual abuse. Bird was detained. If convicted of the most serious crime, Bird faces a maximum life in prison, a $250,000 fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-14.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on March 14 was:
DEREK ALAN DEMBOWSKI, 41, of Thompson Falls, on charges of conspiracy to possess with intent to distribute meth, distribution of meth, possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. Dembowski was detained. If convicted of the most serious crime, Dembowski faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-10.
HATTIE MICHELLE REESE, 31, of Missoula, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. Reese was released. If convicted of the most serious crime, Reese faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-11.
JUAN GERONIMO PINA, 38, of Washington, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. Pina was detained. If convicted of the most serious crime, Pina faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the FBI. Pacer case reference. 19-11.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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