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13 March 2019
Member of Large Drug Trafficking Network Pleads Guilty in Federal CourtRead the Press Release
United States Attorney Brandon J. Fremin announced today the conviction of an additional individual charged in Operation Hidden Fee in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a drug trafficking network based and operating in Baton Rouge. The Indictment filed in this matter charged significant drug trafficking offenses involving heroin, methamphetamine, and crack cocaine, as well as several firearm offenses.
On March 13, 2019, HENRY J. HAYES, age 42, of Baton Rouge, Louisiana, appeared before U.S. Chief Judge Shelly D. Dick and pled guilty to conspiracy to distribute and to possess with the intent to distribute heroin and crack cocaine, distribution of heroin and crack cocaine, possession with the intent to distribute heroin and crack cocaine, and possession of a firearm by a convicted felon.
Beginning in January 2017 and continuing through July 2017, law enforcement agents with the Drug Enforcement Administration were investigating the drug trafficking activities of James Christian Hull. During the course of this investigation, federal agents identified HAYES as one of Hull's suppliers who furnished Hull with multi-ounce quantities of heroin and crack cocaine on a weekly basis. They sometimes met at locations near Drusilla Dr. in Baton Rouge, where HAYES supplied Hull with ounce amounts of heroin and crack cocaine, which Hull distributed to associates and customers.
On June 13, 2017, during the execution of a search warrant, agents found a number of firearms, large amounts of heroin, cocaine, and crack cocaine, and approximately $138,293 in cash at HAYES’ residence in Baton Rouge, Louisiana.
HAYES was previously convicted in East Baton Rouge Parish, Louisiana, for possession of ecstasy and sentenced to serve 2.5 years prison.
On July 10, 2018, James C. Hull pled guilty to conspiracy to distribute and to possess with the intent to distribute heroin, methamphetamine, distribution of methamphetamine and heroin, and four counts of unlawful use of communications facility. As part of the plea, Hull admitted to being the head of a narcotics distribution ring involving 21 subordinate drug dealers who operated throughout the Baton Rouge area.
U.S. Attorney Fremin stated, “The conviction of another member of this drug gang demonstrates the success that can be realized by cooperation of federal, state, and local law enforcement. I want to thank our prosecutors and all of the law enforcement agencies involved in this prosecution.”
“This investigation highlights the impact multiple agencies can have when they join forces. We will continue to work together with our local law enforcement partners and pursue those who threaten our communities through their criminal activities. The successful prosecution of this individual should put others who engage in this type of activity on notice,” said Brad L. Byerley, Special Agent in Charge of the DEA’s New Orleans Field Division.
The investigation is yet another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
This ongoing investigation was led by the Drug Enforcement Administration with invaluable assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the East Baton Rouge Parish Sheriff’s Office, the Baton Rouge City Police Department, and the Louisiana State Police. Other agencies also assisted in apprehending the defendant, including the U.S. Marshal’s Service, and the Sheriffs’ Offices in Ascension, Iberville, and West Baton Rouge Parishes.
This case is being prosecuted by Assistant U.S. Attorneys Robert Piedrahita and Lyman Thornton, III.
Massachusetts Woman Pleads Guilty to Wire Fraud and Money Laundering Charges Related to Fraudulent Investment SchemeRead the Press Release
CONCORD - Jessica M. Teixeira, 41, of Shrewsbury, Massachusetts, pleaded guilty in federal court today to wire fraud and money laundering charges, United States Attorney Scott W. Murray announced.
According to court documents and statements made in court, between December 2015 and November 2017, Teixeira defrauded two New Hampshire investors by selling them a series of securities that were supposedly guaranteed and would generate high rates of return. Teixeira represented herself as a solicitor of high-yield investment funds with connections to investment groups raising funds associated with domestic and foreign real estate developments, who solicited financing through private investors rather than banks. In fact, Teixeira's claims to be connected to high-level investment groups were false, the investment contracts and notes she sold were worthless, and they generated no returns. Teixeira would simply convert the invested funds to her own personal use and benefit, without returning any of the invested funds. In total, the Teixeira obtained approximately $296,250 from the two investors.
A sentencing date for Teixeira was not scheduled during the plea hearing.
“Those who peddle fraudulent investment schemes deprive their victims of their hard-earned money for personal benefit,” said U.S. Attorney Murray. “This case is an example of federal law enforcement’s combined effort to identify and prosecute those who commit financial fraud in New Hampshire.”
“Ms. Teixeira’s conduct is a reminder to those who invest that integrity is not found behind every door. Those who defraud investors to unjustly enrich themselves will pay a hefty price,” said Special Agent in Charge Kristina O’Connell, of IRS Criminal Investigations in Boston. “We are proud to bring our financial expertise to joint investigations of this type to help prevent future victims of investment schemes.”
This matter was investigated by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorneys John Davis and Anna Dronzek.
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Mansfield man with long criminal record sentenced to 15 years in prison for firearms crimeRead the Press Release
A Mansfield man with a long criminal record was sentenced to 15 years in prison for a firearms crime.
James D. Butler, 56, was sentenced after a jury last year found him guilty of being a felon in possession of a firearm.
Butler possessed a Walther 9 mm pistol and ammunition, on Aug. 24, 2017, despite prior convictions for aggravated arson, aggravated assault, robbery and burglary, according to the indictment.
Butler was arrested after the owner of Madison Sporting Arms in Mansfield complained Butler stole the firearm from his store and showed a police officer video surveillance that recorded the theft, according to court documents.
This case was investigated by the Mansfield Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant U.S. Attorneys Aaron Howell and Peter Daly.
Man Responsible for Centralia Robberies Gets Six and a Half Years in PrisonRead the Press Release
Dazhai Q. Brumfield, 20, has been sentenced to serve 78 months in federal prison for his role in a string of violent robberies committed in 2017 in Centralia, Illinois, the United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Brumfield and a co-defendant, Ernestine Fields, 31, were named in a four-count superseding indictment filed in May 2018. Fields, a Chicago native, pleaded guilty and was sentenced earlier this year to one year and one day in prison. Brumfield, who is from Centralia, pleaded guilty last November to charges of conspiracy and interference with commerce by robbery.
Evidence presented in court established that Brumfield had participated in six armed robberies beginning in September 2017 and ending with his arrest on December 17, 2017. The victim businesses include Fuel-Vend, Huck’s Food Store, Domino’s Pizza, Hunan House and Lincoln Liquor. In three of the robberies, business employees were threatened at gunpoint and then struck in the face or head with the butt of a handgun. Brumfield specifically admitted that during the Huck’s robbery, he struck the cashier in the face with a pistol and then took all the money out of the cash register. Brumfield also admitted that the robberies were planned over Facebook.
As part of his sentence, Brumfield was ordered to repay $2,177 in restitution to the victim businesses. After his prison term is completed, Brumfield will serve three years of supervised release.
The investigation was conducted by the FBI with assistance from the Centralia Police Department.
Man Convicted of Unlawfully Possessing Guns for the Third Time Sentenced to Federal PrisonRead the Press Release
A man who has a history of illegally possessing guns was sentenced today to more than a year in federal prison.
Duane Richard Fisher, age 48, from Rockford, Iowa, received the prison term after an October 9, 2018, guilty plea to possession of a firearm by a felon.
In March 2018, law enforcement found a vehicle registered to Fisher’s girlfriend with a loaded rifle inside, but no occupants, in rural Rockford. Fisher was found hiding in the woods in the area and claimed to be looking for deer antlers. At the guilty plea, Fisher admitted possessing the rifle.
Fisher was previously convicted of possession of a firearm while being an unlawful user of methamphetamine in federal court in 2001 and possession of a firearm by a felon in state court in 2015. He was also convicted of harassment and assault causing bodily injury in 2018.
Fisher was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Fisher was sentenced to 15 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Fisher is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Emily K. Nydle and investigated by the Floyd County Sheriff’s Office with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-02053.
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Leader of Heroin Trafficking Organization Sentenced to 10 Years in Federal PrisonRead the Press Release
PITTSBURGH -A resident of Penn Hills, PA, was sentenced in federal court to 120months’ imprisonment on a charge of conspiracy to distribute 100 grams or more of heroin, United States Attorney Scott W. Brady announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Angelo Everett, age 36.
According to information presented to the court, Angelo Everett was the leader of a drug trafficking organization distributing in Pittsburgh’s Hill District neighborhood. Everett was indicted in connection with a DEA wiretap investigation. The intercepted wiretap communications revealed that Everett and others conspired to possess with intent to distribute and distribute between 700 grams and one kilogram of heroin between January and September 2016.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF programsupplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. United States Attorney Brady commended the Drug Enforcement Administration, Internal Revenue Service – Criminal Investigation, Pittsburgh Bureau of Police, and Pennsylvania State Police for the investigation leading to the successful prosecution of Angelo Everett.
Last Drug Organization Member Sentenced to Prison for Distributing HeroinRead the Press Release
PHOENIX – The last of five members of a Drug Trafficking Organization which distributed heroin throughout Phoenix was sentenced this week by U.S. District Judge Susan M. Brnovich. On Feb. 22, 2019, Jose Lopez-Alvarado, 32, of Sinaloa, Mexico, was sentenced to ten years in prison followed by five years of supervised release. On Sept. 10, 2018, Jose Rivera-Lugo, 35, of Sinaloa, Mexico, was sentenced to seven years and six months in prison followed by five years of supervised release. On Sept. 10, 2018, Jhoanna Vargas-Quintana, 30, of Hermosillo, Mexico, was sentenced to five years and ten months in prison followed by five years of supervised release. On Oct. 22, 2018, Irene Thomas, 36, of Phoenix, Ariz., was sentenced to five years in prison followed by five years of supervised release. On March 11, 2019, Jorge Baez-Espinoza, 58, of Sinaloa, Mexico, was sentenced to five years in prison followed by five years of supervised release. All five defendants had previously pleaded guilty to conspiracy or possession with intent to distribute heroin.
A collaborative investigation by federal and local law enforcement agencies showed that from Oct. 16, 2014, to Aug. 1, 2017, Lopez-Alvarado, Rivera-Lugo, Vargas-Quintana, Thomas, and Baez-Espinoza conspired together to possess with intent to distribute over six kilograms of heroin. On May 31, 2017, investigators observed and later seized 250 grams of heroin that Lopez distributed to Baez. Baez possessed a 9mm handgun at the time. On July 31, 2017, Lopez provided several firearms that he knew would be smuggled to Mexico by another person in a car. Investigators stopped the car on its way to Mexico and seized seven firearms, including a shotgun, three assault rifles, a .22 rifle, and two .38 caliber handguns. On Aug. 1, 2017, a federal search warrant was served at Lopez’s residence, resulting in the seizure of approximately five kilograms of heroin and an assault rifle.
The investigation in this case was conducted by the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Tempe Police Department. The prosecution was handled by Keith Vercauteren, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-17-01165-PHX-SMB
RELEASE NUMBER: 2019-031_ Baez-Espinoza etal
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
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Lancaster Man Sentenced to Nearly 10 Years in Federal Prison for Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Jamarcus Dontaye Patterson, age 36, of Lancaster, South Carolina, was sentenced to 115 months (9.5 years) in federal prison after pleading guilty to being a felon in possession of a firearm and ammunition. Following the term of imprisonment, Patterson will be on federal supervised release for 3 years. Senior United States District Judge Terry L. Wooten, of Columbia, imposed the sentence.
Evidence presented in court established that on July 13, 2018, deputies with the Lancaster County Sheriff’s Office responded to the area of Plyler and Duke Streets after receiving a call that Jamarcus Patterson had pointed a firearm at someone. Deputies observed Patterson, who had outstanding state warrants at the time, walking down Plyler Street. When deputies approached, Patterson fled on foot. He was apprehended shortly thereafter, and deputies recovered a loaded Hi-Point .40 caliber pistol. At the time of the July offense, Patterson was on state bond for a December 24, 2017, weapon charge stemming from an incident at a residence in Lancaster wherein he was found in possession of a Beretta 9mm handgun, which had been stolen from the Lancaster National Guard Armory in November 2017. Patterson was arrested on new state charges, and a federal arrest warrant and complaint was issued charging Patterson with both weapon offenses.
Patterson entered a guilty plea to the July 2018 weapon charge. Following a contested sentencing hearing, the court increased Patterson’s sentence in light of evidence produced by the Government that Patterson had pointed and presented the stolen Beretta 9mm handgun during the December 24, 2017, dispute with a female at a residence in Lancaster.
Federal law prohibits Patterson from possessing firearms and ammunition based upon his prior state convictions: 2002 conviction for assault and battery with intent to kill, wherein he shot someone in the leg; 2013 conviction for burglary 2nd degree, where he and a co-defendant allegedly were armed during a burglary in which a two-month-old child was held at gunpoint; 2013 conviction for attempted strong arm robbery; and 2013 conviction for accessory before the fact to a felony.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Lancaster County Sheriff’s Office and was prosecuted as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorneys Stacey D. Haynes, Chris Taylor, and Elliott Daniels of the Columbia office prosecuted the case.
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Known Gang Associate Sentenced to over 15 Years in Federal PrisonRead the Press Release
GREENSBORO, N.C. B A Greensboro resident and known gang associate was sentenced on March 11, 2019, in federal court in Greensboro, announced United States Attorney Matthew G.T. Martin of the Middle District of North Carolina.
The Honorable William L. Osteen, II, sentenced Derrick Jerell STREETER, 23, of Greensboro, North Carolina, to a 186 month term of imprisonment on charges of felon in possession of a firearm. In addition to 186 months imprisonment, STREETER was ordered to serve five years of supervised release after completing his sentence. STREETER pleaded guilty in December 2018.
On June 12, 2018, members of the Greensboro Police Department Violent Criminal Apprehension Team and North Carolina State Bureau of Investigation were conducting surveillance at the Super 8 Motel, located at 2108 W. Meadowview Road in Greensboro, North Carolina, in an attempt to locate a wanted subject. The wanted subject, STREETER, had several outstanding warrants for a burglary where several firearms were stolen.
During surveillance STREETER and another person exited the front door of the motel and entered a 2013 Hyundai Elantra. The car exited the motel parking lot with STREETER in the front passenger seat. GPD VCAT stopped the car at the intersection of Rehobeth Church Road and Vandalia Road in Greensboro.
GPD VCAT detectives approached the vehicle and ordered STREETER to exit from the passenger door. STREETER complied with the commands and was taken into custody. While being taken into custody STREETER acknowledged that he had a gun in his back pocket. GPD VCAT detectives located and removed a .380 caliber Ruger handgun that was loaded with three rounds in the magazine and one round in the chamber. The firearm located on STREETER was verified as being stolen from the burglary that STREETER was wanted for.
Prior to this arrest, STREETER had been convicted of Common Law Robbery with an offense date of September 9, 2013, two Breaking and Entering convictions, the first with an offense date of February 20, 2013 and the second with an offense date of April 13, 2013,and Second Degree Burglary with an offense date of May 12, 2014.
“Reducing violent crime is a top priority. We will continue to partner with Greensboro PD, the SBI, and the ATF to prosecute violent offenders and dismantle violent groups,” said U.S. Attorney Martin. The case was investigated by the Greensboro Police Department, the North Carolina State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Nicole R. DuPré.
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Justice Department Awards $1.2 Million to Address Youth Gang Prevention EffortsRead the Press Release
LAS VEGAS, Nev. – The Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) awarded $1.2 million in grant funding aimed at reducing gang and youth violence in Clark County, specifically the development of programs that are crucial for the prevention, intervention, and suppression of MS-13, a transnational criminal organization, in Clark County.
“The Department of Justice views partnerships with federal, state, and local law enforcement, and community partners as a key component in combating transnational criminal enterprises,” said United States Attorney Nicholas A. Trutanich. “The U.S. Attorney’s Office Project Safe Neighborhoods program is a cornerstone of our violent crime prevention strategy and is a proven crime-reduction strategy to take violent offenders off of Nevada’s streets. We are proud to partner with law enforcement and community stakeholders to make Nevada safer.”
The application and administration of the grant is the result of a partnership by the U.S. Attorney’s Office, Nevada Office of the Attorney General, Las Vegas Metropolitan Police Department, Clark County School District School Police Department, Southwest Gang Information Center, Latin Chamber of Commerce of Nevada, University of Nevada, Las Vegas, and with commitments from the Nevada Department of Health and Human Services, Nevada Division of Child and Family Services, Nevada Division of Public and Behavioral Health, Nevada Victims of Crime Program, State of Nevada Advisory Council for Prosecuting Attorneys, and Nevada District Attorneys Association.
The U.S. Attorney’s Office intends to work with its partners to utilize the grant funds to augment its Project Safe Neighborhoods (PSN) program. The grant funds will be utilized to develop and implement culturally-specific and culturally-sensitive programs, conduct outreach, create a customized gang suppression strategy, build information exchange protocols between local jurisdictions and other agencies, and strengthen collaboration among law enforcement, prosecutors, and other key stakeholders. The goal of the program is to dismantle MS-13, disrupt illegal enterprises, incarcerate MS-13 members and affiliates, and eliminate the threat of reprehensible crimes committed by MS-13 such as rape, murder, human trafficking, and robbery, thereby creating safer, healthier neighborhoods while restoring law and order.
PSN is a nationwide program by the Department of Justice that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, the Department announced the reinvigoration of PSN. For more information about PSN, visit www.justice.gov/usao-nv.
More information about the OJJDP can be found at https://www.ojjdp.gov/.
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Jury convicts Beachwood woman of stealing the identities of more than a dozen people and filing false tax returnsRead the Press Release
A jury convicted a Beachwood woman of stealing the identities of more than a dozen people and filing false tax returns.
Aesha Johnson, 41, was convicted on all 29 counts, including conspiracy, wire fraud and aggravated identity theft. She is scheduled to be sentenced later this year.
Her daughter, Brittany Williams, previously pleaded guilty to her role in the conspiracy.
Williams and Johnson, when she was living in West Virginia, conspired together to use stolen identities to file false tax returns with the IRS, seeking tax refunds. Johnson acquired many of these identities through a previous criminal fraud scheme, according to the indictment.
Johnson and Williams used an address associated with the family on East 142nd Street in Cleveland as the address of record for many of the false tax returns. They often communicated with each other using a code that referred to the victims using numbers 1 through 31, and created and used fictitious email accounts in the names of the victims to communicate with the IRS, according to the indictment
Williams filed the false tax returns online, obtained prepaid debit cards in the names of the identity-theft victims and requested the IRS deposit the refunds onto those cards. Williams then withdraw cash or made purchases with the cards, according to the indictment.
“This pair stole people’s identities then used it to steal from taxpayers,” U.S. Attorney Justin Herdman said.
“The defendant who perpetrated this scheme systemically defrauded the government, the taxpaying public, and their identity theft victims,” said William Cheung, Acting Special Agent in Charge of the IRS-Criminal Investigation’s Cincinnati Field Office. “This guilty verdict should serve as a stern warning for those engaging in similar conduct: you will be caught, and you will be held accountable.”
This case is being prosecuted by Assistant U.S. Attorneys Matthew Cronin and Justin Seabury Gould following an investigation by the IRS.
Jefferson Davis County Drug Trafficker Sentenced to 9 years in Federal Prison for Methamphetamine PossessionRead the Press Release
Hattiesburg, Miss – Waltario Womack, 32, of Prentiss, Mississippi, was sentenced today by U.S. District Judge Keith Starrett to serve 108 months in federal prison, followed by 3 years of supervised release, for possession with intent to distribute methamphetamine, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration (DEA). Womack was also ordered to pay a $10,000 fine.
An investigation by the DEA revealed that Womack was a distributor of methamphetamine in the Jefferson Davis County area. On January 29, 2016 in Jefferson Davis County, Womack sold approximately 28 grams of methamphetamine to a DEA confidential source for $1,600. On February 2, 2016, also in Jefferson Davis County, Womack sold approximately 28 grams of methamphetamine to a DEA confidential source for $1,000. Womack pled guilty on December 6, 2018, to possession with intent to distribute methamphetamine.
The case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Shundral H. Cole.
Inmate, Co-Defendants Plead Guilty in Prison Drug Distribution ConspiracyRead the Press Release
ALBANY – Three defendants involved in scheme to deliver illegal drugs to inmates in prison will be sentenced for their crimes, announced Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. Crystal Avery, 37, of Lithia Springs, GA, Timothy Bailey, 31, of Lawrenceville, GA and Cody Brousshard, 35, of Lawrenceville, GA have all pleaded guilty to criminal charges related to a drug ring operating out of Calhoun State Prison, where Mr. Brousshard was an inmate. Mr. Brousshard entered a guilty plea in December 2018 to one count of Conspiracy to Possess with Intent to Distribute Controlled Substances. Ms. Avery pleaded guilty on Monday, March 11, 2019 to one count Possession with Intent to Distribute Controlled Substances and Mr. Bailey pleaded guilty on Tuesday, March 12, 2019 to one count Possession with Intent to Distribute Controlled Substances. Avery and Bailey entered their pleas before the Honorable W. Louis Sands and Brousshard entered his plea before the Honorable Leslie A. Gardner in Albany federal court. These charges carry a minimum 10 years to a maximum life term imprisonment and a $10,000,000 fine. The sentencing dates have not been finalized.
According to the facts in the plea agreements, Mr. Brousshard was an inmate in Calhoun State Prison and directed the acquisition, packaging and delivery of methamphetamine to two Georgia prisons on several occasions. On May 21, 2018, Calhoun County deputies located Ms. Avery and Mr. Bailey stuck in field behind Calhoun State Prison in a white ford F-250. The deputies noticed packaging material including saran wrap, vacuum seal bags, and electrical tape inside the truck, all commonly used to disguise contraband being smuggled into the prison. The field is commonly used as a place to hide contraband for inmate work details to retrieve. The deputies were directed to two bundles by Ms. Avery, camouflaged in grass, containing 57 grams of methamphetamine. Mr. Bailey admitted to four deliveries of drug bundles directed by inmate Brousshard, the first two at Dooly State Prison where Mr. Broussard was an inmate before being transferred to Calhoun State Prison.
“Smuggling illegal drugs and other paraphernalia into our prisons is a serious and ongoing problem that puts our prison employees and other inmates in danger. We are targeting these inside jobs, and we will ferret out those inmates attempting to continue their criminal ways while incarcerated, and those on the outside who choose to engage in this unlawful conduct,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia.
The case was investigated by the Calhoun County Sheriff’s Department, the Georgia Department of Corrections and the Drug Enforcement Administration. Assistant United States Attorney Leah McEwen is prosecuting the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Indictment: Male Enhancement Pills Were Not “All Natural Herbal Supplements’Read the Press Release
KANSAS CITY, KAN. – A Kansas man was indicted today on charges of importing and selling misbranded pharmaceutical-grade erectile dysfunction drugs from China that were marketed as herbal remedies for men, U.S. Attorney Stephen McAllister said.
Rick Shepard, 59, Overland Park, Kan., is charged with one count of conspiracy and one count of introducing misbranded drugs into interstate commerce. The indictment alleges Shephard wholesaled dietary supplements under the label name “Euphoric” to adult novelty stores in multiple states.
The supplements were marketed as “all-natural, herbal supplements for male enhancement.” The label on the products did not reveal that the supplements contained Tadalafil and Sildenafil, pharmaceutical ingredients in FDA-approved prescription drugs Viagra and Cialis. The FDA has determined those drugs are safe to use only under a licensed practitioner’s care because of the possibility of toxicity, life-threatening drops in blood pressure and painful erections that could result in permanent injury.
The indictment alleges Shepard purchased the drugs from a supplier in China. He had the drugs delivered to private shipping and mailing stores throughout the country and then forwarded to him in Kansas. The packages were labeled “healthy food samples.”
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on the conspiracy count and up to three years and a fine up to $250,000 on the misbranding count. The Food and Drug Administration investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
OTHER INDICTMENTS
Indictment: Defendants Sold Counterfeit Computer Batteries, Accessories
Raymond Edwards, 50, and Renata Edwards, 58, both of Overland Park, Kan., are charged with conspiracy to traffic in counterfeit trademark goods and labels (count one), trafficking in counterfeit trademark goods (counts 2 through 22), trafficking in counterfeit trademark labels (counts 23 through 27) and mail fraud (counts 28 through 42). The crimes are alleged to have occurred during 2011 through 2015 in Johnson County, Kan.
The government is seeking a forfeiture of more than $429,500, representing the proceeds of the mail fraud, and $1 million, representing the proceeds of trafficking in counterfeit trademark goods.
The indictment alleges the defendants sold computer batteries and accessories under the names Quintic LLC, Synaglobe, Genesis Batteries, Battery Fox and Tech Rover. The indictment alleges the defendants sold counterfeit goods with labels identifying them as computer products sold by Apple, Dell, Hewlett-Packard, Samsung, Sony and others.
Upon conviction, the crimes carry the following penalties:
Count one, counts two through 22 and counts 23 through 27: Up to 10 years in federal prison and a fine up to $2 million.
Counts 28 through 42: Up to 20 years and a fine up to $250,000.
The FBI, the U.S. Postal Inspection Service and the Johnson County District Attorney’s Office investigated. Assistant U.S. Attorneys Chris Oakley and Scott Rask are prosecuting.
Torrey Vashon Banks, 41, Denver, Colo., is charged with unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred April 6, 2018 in in Topeka, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Tyrone Sanders, 62, Aurora, Colo., is charged with one count of unlawful possession of a firearm and ammunition by a convicted felon. The crime is alleged to have occurred Aug. 6, 2018, in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Christian A. Hernandez-Calixto, 41, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. He was found Feb. 21, 2019, in Manhattan, KS.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
Edith Rodriguez-Valdez, 22, who is not a citizen of the United States, is charged with unlawfully re-entering the United States after being deported. She was found Feb. 21, 2019 in Manhattan, Kan.
If convicted, he faces up to two years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Stephen Hunting is prosecuting.
Guiber Javier Garcia, 32, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Sept. 24, 2018, in Butler County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Jason Hart is prosecuting.
Marquez Thomas, 20, who is in federal custody, is charged in a superseding indictment with possession with intent to distribute marijuana (counts one and three), possession of a firearm in furtherance of drug trafficking (counts two and four). The crimes are alleged to have occurred in February and March 2019 in Shawnee County, Kan.
Upon conviction, the crimes carry the following penalties:
Counts one and three: up to five years in federal prison and a fine up to $250,000.
Counts two and four: Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Monte Alford, 25, Wichita, Kan., is charged with possession with intent to distribute methamphetamine (count one), possession with intent to distribute (heroin), unlawful possession of a firearm in furtherance of drug trafficking (counts three and seven), unlawful possession of a firearm by a convicted felon (counts four, eight and ten), unlawful possession of a stolen firearm (count five) and possession with intent to distribute methamphetamine (count six). The crimes are alleged to have occurred November and December 2018 and March 2019, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Count one: Up to 40 years in federal prison and a fine up to $5 million.
Count two: Up to 20 years and a fine up to $1 million.
Counts three and seven: Not less than five years and a fine up to $250,000.
Counts four, five, eight and ten: Up to 10 years and a fine up to $250,000.
Count six: Not less than 10 years and a fine up to $10 million.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Jose Luis Cortes-Diaz, 29, Kansas City, Mo., is charged with one count of making a false statement on a passport and one count of falsely stating he is a citizen of the United States. The crimes are alleged to have occurred in 2016 in Johnson County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on the first count and up to three years and a fine up to $250,000 on the second count. The Diplomatic Security Service of the U.S. State Department investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Hunterdon County, New Jersey, Man Charged with Distributing Images of Child Sexual AbuseRead the Press Release
NEWARK, N.J. – A Hunterdon County, New Jersey, man was arrested by federal agents today for allegedly distributing images of child sexual abuse, U.S. Attorney Craig Carpenito announced.
Mark Miller, 61, of Bloomsbury, New Jersey, is charged by criminal complaint with one count of distributing child pornography. He was arrested in his home by agents of the Department of Homeland Security, Homeland Security Investigations (HSI). He had his initial appearance today before U.S. Magistrate Court Judge James B. Clark III in Newark federal court and was detained without bail.
According to documents filed in this case and statements made in court:
Miller used a mobile application to distribute files containing images and videos of child pornography, including images of prepubescent children.
The charge of distributing child pornography carries a mandatory minimum sentence of five years in prison, a maximum potential penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Craig Carpenito credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian A. Michael, with the investigation leading to today’s charge and arrest. He also thanked the Hunterdon County Prosecutor’s Office and N.J. State Police for their assistance.
The government is represented by Assistant U.S. Attorney Sean M. Sherman of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Homestead Felon Charged with Illegally Possessing a Gun and AmmunitionRead the Press Release
PITTSBURGH, Pa. – An Allegheny County felon has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal firearms laws, United States Attorney Scott W. Brady announced today.
The one-count Indictment named Michael William Horvwalt, 32, formerly of Homestead, PA, as the sole defendant.
According to the Indictment, on or about January 8, 2019, Horvwalt possessed a firearm and ammunition, despite his prior felony convictions. Federal law prohibits a felon from possessing a firearm or ammunition.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant. Indicate relevant bond/detention information if known
Assistant United States Attorney Ross E. Lenhardt is prosecuting this case on behalf of the government.
The United States Probation Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation leading to the Indictment in this case. This case was brought as part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Greer Man Sentenced to 10 Years in Federal Prison on Child Pornography ChargeRead the Press Release
Greenville, South Carolina ---- United States Attorney Sherri A. Lydon announced today that Keith D. Cook, age 38, of Greer, South Carolina, was sentenced in federal court after pleading guilty to possession of child pornography. United States District Judge Donald C. Coggins, of Spartanburg, sentenced Cook to 10 years in federal prison and ordered that he serve 20 years under court-ordered supervision after his prison sentence is complete.
Evidence presented to the court established that on January 18, 2017, law enforcement executed a search warrant at Cook’s home after receiving information that he was uploading child pornography to a mobile device. Law enforcement recovered Cook’s cell phone and located multiple images of child pornography, some involving prepubescent minors. Cook was questioned and admitted to downloading the child pornography that led to the search warrant. More child pornography was discovered on a work computer at Cook’s place of business.
The case was investigated by agents with the Greenville County Sheriff’s Office and the ICE – Homeland Security Investigations. Assistant United States Attorney Bill Watkins of the Greenville office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, 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 identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. -- A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Eau Claire Woman Charged with Distributing Methamphetamine and Illegally Possessing a Firearm
Sylvia Erickson, 40, Eau Claire, Wisconsin, is charged with five counts of distributing methamphetamine, one count of attempting to possess 50 grams or more of methamphetamine with intent to distribute, and being a felon in possession of a firearm.
The indictment alleges that Erickson committed the drug offenses between November 12, 2018 and January 7, 2019, and that she possessed a .380 handgun and ammunition on November 20, 2018. One of the distribution counts alleges that on January 7, 2019, she distributed 50 grams or more of methamphetamine.
If convicted, Erickson faces a maximum penalty of 20 years in federal prison on each drug count, with the exception of the two counts alleging 50 grams or more of methamphetamine. These charges carry a mandatory minimum penalty of five years and a maximum of 40 years. The charge of being a felon in possession of a firearm has a maximum penalty of 10 years.
The charges against Erickson are the result of an investigation by the Drug Enforcement Administration, West Central Drug Task Force, Eau Claire Police Department, Wisconsin Department of Justice Division of Criminal Investigation, Chippewa County Sheriff’s Office, and Eau Claire County Sheriff’s and District Attorney’s Offices. The prosecution of this case is being handled by Assistant U.S. Attorney Meredith P. Duchemin.
Portage County Man Charged with Drug & Gun Crimes
Corey Scheerenberger, 35, Alban, Wisconsin, is charged with possessing 50 grams or more of methamphetamine with intent to distribute, and with being a felon in possession of firearms. The indictment alleges that on September 27, 2018, he possessed the methamphetamine and three .22 caliber rifles, a .22 caliber pistol, and a .22-250 caliber rifle.
If convicted, Scheerenberger faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison on the drug charge, and a maximum of 10 years on the felon in possession of firearms charge. The charges against him are the result of an investigation by the Portage County Sheriff’s Office and the Central Wisconsin Drug Task Force. The prosecution of this case is being handled by United States Attorney Scott C. Blader and Assistant U.S. Attorney Diane Schlipper.
Edgerton Man Charged with Illegally Possessing Firearms
David Hill, 39, Edgerton, Wisconsin, is charged with being a felon in possession of firearms. The indictment alleges that on February 25, 2019, he possessed a loaded .40 caliber pistol, a .45 caliber pistol, and three rifles.
If convicted, Hill faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Edgerton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case is being handled by Assistant U.S. Attorney Rita M. Rumbelow.
Madison Man Charged with Drug & Gun Crimes
Daniel Norris, 31, Madison, Wisconsin, is charged with possessing crack cocaine with the intent to distribute, possessing a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm. The indictment alleges that on January 7, 2019, he possessed 28 grams or more of crack cocaine and a loaded 9mm semi-automatic pistol.
If convicted, Norris faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison on the drug charge. On the charge of possessing a firearm in furtherance of a drug trafficking crime, he faces a mandatory minimum penalty of five years. Federal law requires that any penalty imposed for this charge be served consecutive to any sentence imposed on the drug charge. The maximum penalty for the felon in possession of a firearm charge is 10 years. The charges against Norris are the result of an investigation by the Dane County Narcotics Task Force. The prosecution of this case is being handled by Assistant U.S. Attorney Aaron Wegner.
Elkhorn Man Charged with Bank Robbery
Jeffrey A. Campton, 29, Elkhorn, Wisconsin, is charged with bank robbery. The indictment alleges that he robbed the Home Savings Bank on East Washington Avenue in Madison, Wisconsin on September 4, 2018.
If convicted, Campton faces a maximum penalty of 20 years in federal prison. The charge against him is the result of an investigation by the Madison Police Department and the Federal Bureau of Investigation. The prosecution of this case is being handled by Assistant U.S. Attorney Corey Stephan.
The indictments against Erickson, Scheerenberger, Hill, Norris, and Campton have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address violent crime.
Tomah Man Charged with Crime Involving Methamphetamine
Bobby L. Ostrum, 36, Tomah, Wisconsin, is charged with possessing methamphetamine with intent to distribute. The indictment alleges that he possessed 50 grams or more of methamphetamine on November 16, 2018.
If convicted, Ostrum faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. The charge against him is the result of an investigation by the Sparta and Tomah Police Departments, the Monroe County Joint Investigative Task Force, and the West Central Metropolitan Enforcement Group. The prosecution of this case is being handled by Assistant U.S. Attorney Diane Schlipper.
Two Federal Prison Inmates Charged with Possessing Controlled Substance
In separate and unrelated indictments, two inmates of the Federal Correctional Institution at Oxford, Wisconsin, are charged with possessing a prohibited object. Demario Angel, 42, is charged with possessing paper containing the chemical compound 5F-ADB, a Schedule I controlled substance. The indictment against him alleges that he possessed this prohibited object on July 25, 2018.
Christopher Mallett, 37, is charged with possessing pieces of paper containing the chemical compound FUB-AMB, a Schedule I controlled substance. The indictment against him alleges that he possessed this prohibited object on February 22, 2018.
The chemical compounds alleged in these two indictments are both synthetic cannabinoids.
If convicted, Angel and Mallet each face a maximum penalty of 10 years in federal prison. The charges against them are the result of investigations by the Federal Bureau of Investigation and the Federal Bureau of Prisons – Special Investigative Services. The Angel case is being handled by Special Assistant U.S. Attorney Chadwick Elgersma and the Mallett case is being handled by Assistant U.S. Attorney Kevin Burke.
Man Charged with Escape
Sean Nance, 43, Beloit, Wisconsin, is charged with escape. The indictment alleges that on January 9, 2019, he escaped from the Rock Valley Community Programs Center in Janesville, Wisconsin, where he was confined.
If convicted, Nance faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the U.S. Marshals Service. The prosecution of this matter is being handled by Assistant U.S. Attorney Laura Przybylinski Finn.
Georgia couple pleaded guilty to conspiracy to defraud VA and SSARead the Press Release
ATLANTA - Kinsley Kilpatrick and Tracie Jeanne Kilpatrick have pleaded guilty to conspiracy to commit mail fraud by defrauding the Department of Veteran’s Affairs (“VA”) and the Social Security Administration (“SSA”) out of benefit monies by feigning disabilities.
“These two defendants received over $60,000 a year in benefits to which they were not entitled,” said U.S. Attorney Byung J. “BJay” Pak. “Additionally, the VA purchased a brand new Jeep that they would not have received but for their fraud. These programs rely on the honesty of the participants, and those who take advantage will be prosecuted for their greed.”
David Spilker, Special Agent in Charge, Southeast Field Office, VA OIG, stated, “The Kilpatricks’ deceitful actions stole VA resources from a program designed to help disabled veterans obtain compensation for injuries incurred while in the military. VA OIG’s continued oversight safeguards the integrity of VA’s programs.”
“The Social Security Office of the Inspector General is committed to protecting Social Security benefits and pursuing individuals whose deceitful and illegal actions target programs that exist for those who truly need them,” said Wayne R. Warren, Acting Special Agent-in-Charge of the SSA OIG Atlanta Field Division. “Therefore, we will continue to work with our law enforcement partners to investigate and prosecute individuals who try to defraud the SSA.”
According to U.S. Attorney Pak, the charges and other information presented in court: In 2015, Kinsley Kilpatrick, who received VA disability benefits, applied for and received additional VA disability benefits based on his fraudulent claim that he was restricted to a wheelchair and had 100 percent loss of use of arms and legs. In support of his application, Kinsley and Tracie Kilpatrick completed false paperwork and falsely represented his medical condition at medical appointments. In January 2016, based on this false information, the VA approved his application, appointed Tracie Kilpatrick to be his caretaker, and began paying him an additional nearly $5,000 per month in VA benefits.
Meanwhile, in 2016, the defendants also falsely claimed to SSA that Tracie Kilpatrick was completely disabled from a seizure disorder. In the paperwork submitted to the SSA, Kinsley Kilpatrick claimed, that he had to provide assistance to his wife for basic activities like bathing, toileting, and dressing. Tracie Kilpatrick submitted paperwork asserting that she was unable to stand, walk, lift, carry, or drive. Based on these fraudulent assertions, the SSA concluded that Tracie Kilpatrick was disabled and paid her disability benefits. In truth, neither Kinsley nor Tracie Kilpatrick were as limited as they claimed and they were not entitled to the benefits they received based on their fraudulent misrepresentations. In fact, Kinsley Kilpatrick was not restricted to a wheelchair, and had full use of his arms and legs. Tracie Kilpatrick had no serious functional limitations. During the investigation, investigators video recorded Kinsley Kilpatrick doing back flips on a trampoline, and playing and coaching in a kickball league. During surveillance, Tracie Kilpatrick was seen standing, walking, bending, driving, lifting, and carrying heavy items.
Kinsley Kilpatrick, 39, and Tracie Kilpatrick, 45, both of Powder Springs, Georgia, will be sentenced on June 6, 2019, at 10:00 a.m., before U.S. District Judge Leigh Martin May. Additionally, the defendants agreed to forfeit the 2017 Jeep Cherokee that they purchased with VA funds.
This case is being investigated by the Department of Veterans Affairs - Office of Inspector General and Social Security Administration - Office of the Inspector General.
Special Assistant U.S. Attorney Diane C. Schulman is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former supervisor at Richwood Correctional Center pleads guilty to violating civil rights of five inmatesRead the Press Release
MONROE, La. – The Justice Department today announced that defendant Christopher Loring, a former officer at the Richwood Correctional Center, pleaded guilty in federal court today for his role in a conspiracy to cover up the physical assault of five inmates by officers. Loring, 36, of West Monroe, Louisiana, pleaded guilty to conspiring with other officers to falsify documents with intent to obstruct and influence the investigation of a matter within federal jurisdiction. Assistant Attorney General Eric Dreiband for the Civil Rights Division and U.S. Attorney for the Western District of Louisiana David C. Joseph made the announcement.
“Abuse of prisoners is illegal and tarnishes the reputation of those correctional officers who work hard every day to perform their duties with distinction and professionalism,” Joseph stated. “To maintain the fairness and integrity of the American justice system, my office will hold accountable any who violate the civil rights of those under their custody.”
“The blatant abuse of power and the obstruction of civil rights will not be tolerated by the Department,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to protect the victims of these abuses and prosecute those who violate their civil rights.”
According to his guilty plea, Loring worked as a correctional officer at the Richwood Correctional Center in Richwood, Louisiana, where on Oct. 30, 2016 he and other officers abused inmates and then conspired to cover it up. According to Mr. Loring, he failed to intervene when the other officers sprayed a chemical agent directly in the faces and eyes of five inmates while the inmates were handcuffed, compliant, kneeling on the floor, and not posing a physical threat to anyone. Following that abuse, Mr. Loring and the other officers conspired to hide their conduct by submitting false reports.
Roderick Douglas, a former supervisor at the Richwood Correctional Center, pleaded guilty in federal court on Jan. 31 for his role in the conspiracy to violate the civil rights of five inmates. Sentencing for Douglas is scheduled for June 5, 2019.
The count of conviction carries a maximum penalty of five years in prison and a criminal fine of up to $250,000. Mr. Loring is scheduled to be sentenced on July 3, 2019 by U.S. District Judge Terry A. Doughty of the Western District of Louisiana, who accepted the plea.
Assistant U.S. Attorney Mary Mudrick of the U.S. Attorney’s Office of the Western District of Louisiana, and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section, prosecuted the case. The Monroe Division of the FBI investigated the case.
Former Teacher Sentenced for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A former Lebanon, Mo., teacher was sentenced in federal court today for receiving and distributing child pornography over the Internet.
Brandon Hileman, 26, of Lebanon, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to eight years in federal prison without parole.
Hileman, formerly a math teacher at Joel E. Barber Junior High School in Lebanon, pleaded guilty on Nov. 14, 2018. Hileman admitted that he received child pornography over the Internet between Jan. 1 and Sept. 29, 2017.
The investigation began when a Lebanon police detective was notified that Hileman had uploaded two videos of child pornography to his Google Drive account. Law enforcement officers executed a search warrant at Hileman’s residence on Sept. 29, 2017, and seized computers, an iPad, cell phones and digital storage devices. Investigators examined the devices and found 886 images and 46 videos depicting child pornography, along with nearly 500 depictions of children engaged in the act of urination or defecation. Almost 600 images of a juvenile with whom Hileman was acquainted were also located, at least two of which were inappropriate (although not pornographic).
Hileman told investigators he began viewing child pornography as a teenager.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Lebanon, Mo., Police Department.
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."
Former Supervisor at Louisiana Correctional Facility Pleads Guilty to Violating Civil Rights of Five InmatesRead the Press Release
The Justice Department today announced that defendant Christopher Loring, a former officer at the Richwood Correctional Center, pleaded guilty in federal court today for his role in a conspiracy to cover up the physical assault of five inmates by officers. Loring, 36, of West Monroe, Louisiana, pleaded guilty to conspiring with other officers to falsify documents with intent to obstruct and influence the investigation of a matter within federal jurisdiction. Assistant Attorney General Eric Dreiband for the Civil Rights Division and U.S. Attorney for the Western District of Louisiana David C. Joseph made the announcement.
“The blatant abuse of power and the obstruction of civil rights will not be tolerated by the Department,” said Assistant Attorney General Eric Dreiband. “The Civil Rights Division will continue to protect the victims of these abuses and prosecute those who violate their civil rights.”
“Abuse of prisoners is illegal and tarnishes the reputation of those correctional officers who work hard every day to perform their duties with distinction and professionalism,” U.S. Attorney Joseph stated. “To maintain the fairness and integrity of the American justice system, my office will hold accountable any who violate the civil rights of those under their custody.”
According to his guilty plea, Loring worked as a correctional officer at the Richwood Correctional Center in Richwood, Louisiana, where on Oct. 30, 2016 he and other officers abused inmates and then conspired to cover it up. According to Mr. Loring, he failed to intervene when the other officers sprayed a chemical agent directly in the faces and eyes of five inmates while the inmates were handcuffed, compliant, kneeling on the floor, and not posing a physical threat to anyone. Following that abuse, Mr. Loring and the other officers conspired to hide their conduct by submitting false reports.
Roderick Douglas, a former supervisor at the Richwood Correctional Center, pleaded guilty in federal court on Jan. 31 for his role in the conspiracy to violate the civil rights of five inmates. Sentencing for Douglas is scheduled for June 5, 2019.
The count of conviction carries a maximum penalty of five years in prison and a criminal fine of up to $250,000. Mr. Loring is scheduled to be sentenced on July 3, 2019 by U.S. District Judge Terry A. Doughty of the Western District of Louisiana, who accepted the plea.
Assistant U.S. Attorney Mary Mudrick of the U.S. Attorney’s Office of the Western District of Louisiana, and Trial Attorney Anita Channapati of the Civil Rights Division, Criminal Section, prosecuted the case. The Monroe Division of the FBI investigated the case.
Former Kansas EMT Sentenced for Stealing Morphine from VialsRead the Press Release
WICHITA, KAN. – A former EMT in Jackson County, Kan., was sentenced Tuesday to five years on federal probation for stealing morphine from vials, U.S. Attorney Stephen McAllister said. One condition of his release is he not engage in any occupation that would give him access to controlled substances without prior approval from his probation officer. He also must complete an approved substance abuse program.
Colby W. VanWagoner, 33, Mayetta, Kan., pleaded guilty to one count of obtaining a controlled substance by deception and one count of making a false statement during an investigation.
The crimes took place while VanWagoner was working for the Jackson County Emergency Medical Service in Holton, Kan. In his plea, VanWagoner admitted he tampered with vials of morphine sulfate. He replaced morphine with saline solution and put the vials back into narcotic boxes on ambulances and in office stocks. Tests showed the concentration of morphine in vials that had been tampered with was low as 1 percent or less. The concentration of morphine should have been 100 percent.
McAllister commended the Food and Drug Administration – Office of Criminal Investigations and Assistant U.S. Attorney Debra Barnett for their work on the case.
Former Henry County Bank Executive Sentenced to Prison for Bank FraudRead the Press Release
Jackson, TN – A former bank executive has been sentenced to twelve months and one day in federal prison for bank fraud. U.S. Attorney D. Michael Dunavant announced the sentence today.
According to information presented in court, from May 16, 2005 through October 7, 2015, Robert Daniel Newcomb, Jr., was employed in Paris, Tennessee, as a vice president/branch manager at the FDIC-insured bank known as FirstBank, Bartlett, Tennessee. James Curtis Hobbs was a long-time bank customer of Newcomb’s. Hobbs was in the business of buying, refurbishing and selling tractors through "Southern Associates, Inc." Newcomb was conducting a similar business on his own in addition to his banking duties.
In 2012, Hobbs began selling tractors on behalf of Newcomb. Hobbs would recondition and sell the tractors, withhold his expenses and commissions from the sales and give Newcomb payment for the tractors.
In 2014, Hobbs purchased and sold a tractor on behalf of Newcomb. Before Hobbs could give Newcomb his $7,400 profit from the sale, Hobbs’ wife spent the money. Newcomb then fraudulently renewed and increased Hobbs’ FirstBank loan by $7,400 in the name "Southern Associates, Inc." Newcomb used the funds to pay off the loan on the tractor, which was then defaulted at a loss to FirstBank in the amount of $118,390.45.
On March 12, 2019, Chief United States District Court Judge S. Thomas Anderson sentenced Newcomb to twelve months and one day imprisonment. He was also ordered to serve two years supervised release and to pay restitution of $110,990.45.
U.S. Attorney D. Michael Dunavant said, "The financial fraud committed by this defendant is disturbing. The abuse of his position of trust and authority as a bank vice president for his own personal gain had a significant negative impact on the shareholders, employees and customers of FirstBank. The U.S. Attorney’s Office places a high priority on protecting the security and integrity of transactions, deposits and assets of financial institutions, and this case demonstrates that commitment."
"The FDIC Office of Inspector General is pleased to join the U.S. Attorney’s Office in bringing Mr. Newcomb to justice. We are especially concerned when trusted insiders abuse their positions to harm the financial institutions that employ them. We will continue our efforts to investigate such abuses in FDIC-insured financial institutions throughout the country," said Laurie L. Younger, Special Agent-in-Charge, FDIC - Office of the Inspector General, Dallas Region.
This case was investigated by the Federal Deposit Insurance Corporation – Office of the Inspector General.
Assistant U.S. Attorney Matt Wilson prosecuted this case on the government’s behalf.
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Former Erie Resident Indicted on Charges Relating to the Sexual Exploitation of ChildrenRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been indicted by a federal grand jury in Erie on charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Scott W. Brady announced today.
The twelve-count indictment named Joshua Davis Loucks, 35, as the sole defendant.
According to the indictment presented to the court, Loucks took sexually explicit photos and produced videos of a minor victim who was under the age of eighteen. He also received computer images depicting minors engaging in sexually explicit conduct.
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.justice.gov/psc.
The law provides for a maximum total sentence of 361 years in prison, a fine of $3,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police and the Erie Police Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former DoD Employee Sentenced to Prison for $1.4 Million Fraud SchemeRead the Press Release
NEWPORT NEWS, Va. – A Matthews woman was sentenced today to four years in prison for computer fraud and theft of government property in connection with an extensive timekeeping fraud that resulted in losses of over $1.4 million, which she was ordered to pay in restitution.
According to court documents, Michelle M. Holt, 52, was previously employed as a federal employee for the Department of Defense. Holt worked as a secretary for U.S. Air Force, Air Combat Command, Communication Support Squadron, at Joint Base Langley-Eustis. Holt was a salaried employee on the General Schedule (GS) grade for the federal civilian workforce. As such, she was entitled to overtime pay if authorized by her employer, was also entitled to other forms of holiday and annual leave, and premium pay for any federal holidays worked.
A law enforcement investigation determined that from December 2001 to July 2018, Holt falsely claimed over 42,000 hours in unauthorized overtime for hours she did not work, as well as other amounts of unauthorized holiday leave, sick leave and annual leave, all amounting to losses to the United States of more than $1.4 million. In recent years, Holt’s overtime pay was over double that of her regular salary. Holt accomplished the fraud by making manual retroactive adjustments to protected computer time and attendance systems to add overtime, reverse leave taken and reverse holiday leave. In doing so, Holt used another employee’s log-in information without that employee’s knowledge or authorization.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Robert Craig, Special Agent in Charge for Defense Criminal Investigative Service Mid-Atlantic Field Office, and Colonel Kirk B. Stabler, Commander of the Air Force Office of Special Investigations, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Brian J. Samuels prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:18-cr-93.
Former Congressional Candidate Sentenced for Fraud ConspiracyRead the Press Release
NORFOLK, Va. – A Hampton woman was sentenced today to three years in prison and one year of home detention for conspiracy to commit wire fraud and causing false records, wire fraud, and theft of government funds.
“Brown lied about feeding needy children in our community in hopes of making a financial gain for herself,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to thoroughly investigate those who lie and steal from taxpayers and the federal government. I want to thank our trial team and investigative partners for their incredible work on this important case.”
According to court documents and evidence presented at trial, Shaun Brown, 60, defrauded the USDA’s summer food service program (SFSP) aimed at feeding low income children. Brown and her mother ran a non-profit company, JOBS Community Development Corporation, which served as a sponsor for the SFSP. Over the course of the 2012 Summer, Brown inflated the number of meals JOBS purportedly served to low-income children and submitted fraudulent claims for reimbursement based on the inflated numbers. Brown also orchestrated a massive scheme to falsify hundreds of documents to support her fraudulently inflated meal count numbers and ordered excessive amounts of food and milk products which she was well aware would never be used to feed needy children. At her direction, Brown’s employees disposed of this food and milk, purchased with federal funds, in large mounds behind buildings in Newport News, as well as a pig farm in Southern Virginia. As a result of her fraudulent actions, the USDA paid JOBS over $800,000 in federal funds.
Brown ran as the Democratic candidate for the 2nd Congressional District for the U.S. House of Representatives in 2016. Brown attempted to run again as an independent candidate in the 2018 election, but was removed from the ballot due to other fraudulent actions by Brown and others.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Michael C. Westfall, State Inspector General of Virginia, and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorneys Elizabeth M. Yusi and Melissa E. O’Boyle prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-169.
Former Chief Operating Officer of Long Island Federal Credit Union Pleads Guilty to EmbezzlementRead the Press Release
Earlier today, at the federal courthouse in Central Islip, Suzanne Silva, the former Chief Operating Officer of Winthrop University Hospital Employees Federal Credit Union (Winthrop University HEFCU), pleaded guilty to embezzling $465,172 during her employment at the credit union. Today’s plea took place before United States District Judge Denis R. Hurley. When sentenced, Silva faces up to 30 years in prison, as well as restitution of $465,172 and a fine of up to $1 million.
Richard P. Donoghue, United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“Silva has admitted that she abused her authority as Chief Operating Officer by stealing funds from the Credit Union for personal travel and shopping sprees,” stated United States Attorney Donoghue. “Today’s guilty plea sends the message that those who engage in such criminal conduct will be caught and prosecuted.”
Between March 2011 and June 2018, Silva used her authority at Winthrop University HEFCU to transfer hundreds of thousands of dollars from operating accounts of the credit union to accounts in her name and the names of family members. She used the funds to take Caribbean cruises, travel to Cancun and pay thousands of dollars a month for purchases from the Amazon and Etsy websites. Silva’s employment was terminated by Winthrop University HEFCU in June 2018.
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:
Suzanne Silva
Age: 35
Carle Place, New YorkE.D.N.Y. Docket No. 18-CR-507 (DRH)
Former Avoyelles Correctional Center warden pleads guilty fraud chargesRead the Press Release
ALEXANDRIA, La. – United States Attorney David C. Joseph announced today that the former warden of the Avoyelles Correctional Center in Cottonport, Louisiana, pleaded guilty before U.S. District Judge Dee D. Drell for his scheme to steal more than $150,000 in taxpayer money for his personal benefit.
Nathan Burl Cain II, 51, of Moreauville, Louisiana, pleaded guilty to two counts of wire fraud. A trial started on Monday related to an indictment filed on August 11, 2017 charging Nathan Cain with one count of conspiracy to commit wire fraud and 17 counts of wire fraud. The trial ended today with his plea to two 20-year counts in the indictment.
According to the guilty plea, Nathan Cain conspired with his ex-wife Tonia Bandy Cain, 43, who served as the manager of the business office of the facility, to use Louisiana Department of Corrections bank cards to purchase personal items, while misrepresenting that such items were purchased for official business. The bank cards were used to purchase furniture, pet supplies, toilet paper, gun parts, Christmas decorations, yard tools, tires, a pressure cooker that was given as a gift to a third party, and other items.
Additionally, Nathan Cain commissioned the construction of a house on prison grounds for himself and did not bid the construction as required by law. Instead, purchases for the construction were made on bank cards on separate occasions for supplies and materials. Nathan Cain structured the purchases so that they would avoid detection by Department of Corrections monitors.
“Today’s conviction should serve as a warning to any other public official in Louisiana who intends to use public office to illegally line their own pockets,” Joseph stated. “Under my watch, the good-old-boy system of fraud and corruption among our public servants will not be tolerated. It will be prosecuted to the fullest extent of the law. I want to thank Louisiana Inspector General Stephen Street and the FBI for their hard work and investigating this case. I also want to thank Assistant U.S. Attorneys Luke Walker and David Ayo for their work prosecuting the defendant.”
“Justice was done today,” stated Louisiana Inspector General Stephen Street. “The manner in which Nate Cain repeatedly and brazenly stole money from Louisiana taxpayers was shocking and showed a staggering sense of entitlement on his part. Mr. Cain not only abused the considerable powers given to him as Warden, but also blatantly violated the public’s trust and brought shame to the Louisiana Department of Corrections. This case should send a message in the strongest possible terms that we have zero tolerance for it, and will continue to do everything in our power to bring about severe criminal consequences whenever and wherever there is corruption by Louisiana public officials. I want to acknowledge and thank United States Attorney David Joseph and Assistant United States Attorneys Luke Walker and David Ayo for doing such an outstanding job prosecuting this case. I am also very grateful for our continuing successful partnership with the FBI, which has again yielded outstanding results.”
Nathan Cain faces up to 20 years in prison, five years of supervised release, a $250,000 fine per count and restitution not to exceed $152,364.69. The court set sentencing for June 17, 2019. Tonya Cain pleaded guilty on July 9, 2018 to wire fraud conspiracy. The court set sentencing for April 12, 2019.
The FBI and the Louisiana Office of Inspector General conducted the investigation. Assistant U.S. Attorneys John Luke Walker and David J. Ayo are prosecuting the case.
Florida Man Sentenced to More Than 8 Years in Federal Prison for Robbery SpreeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT ABEL, 56, of Atlantic Beach, Florida, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 100 months of imprisonment, followed by three years of supervised release, for a Connecticut bank robbery, two armed robberies in Florida and a carjacking in South Carolina.
According to court documents and statements made in court, on February 11, 2017, Abel, brandishing a long silver blade, robbed a McDonald’s restaurant in East Palm Coast, Florida. On February 12, brandishing a long knife, he robbed a CVS in St. Augustine, Florida. Abel stole a total of approximately $733 during these two robberies.
On February 15, Abel stole a car from a woman in South Carolina, ordering the victim not to move or he would shoot her.
On February 17, Abel stole $1,517 during a robbery of a Webster Bank branch in Stratford. He then attempted to rob a Walgreens Pharmacy in Stratford, but left the store without any money. Milford Police arrested Abel later that day.
Abel has been detained since his arrest. On November 6, 2017, he pleaded guilty to one count of bank robbery.
This matter was investigated by the Federal Bureau of Investigation, Stratford Police Department and Milford Police Department, with the assistance of the Summerville (S.C.) Police Department, St. Augustine Police Department and the Flagler County (Fla.) Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Five Members of Violent Bronx Gang Charged in Connection with Shooting of Off-Duty NYPD OfficerRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing today of an Indictment charging five members and associates of the “Jack Boyz” street gang with racketeering and firearm offenses in connection with the shooting of an off-duty NYPD officer. PATRICK AVILA, a/k/a “Pat,” JALEN COLDS, a/k/a “Jay Gunz,” NAZAE BLANCHE, a/k/a “Zae,” and DONNELL JENKINS, a/k/a “Nellz,” were taken into custody this morning and will be presented before U.S. Magistrate Judge Gabriel W. Gorenstein later today. LEON SMALLS, a/k/a “Smoove,” remains at large. The case is assigned to U.S. District Judge Valerie E. Caproni.
U.S. Attorney Geoffrey S. Berman said: “As alleged in the indictment, this gang committed a brazen act of violence, and one of New York City’s finest was struck by their gunfire. Thanks to the extraordinary work of the NYPD, these defendants will now face justice in federal court.”
NYPD Commissioner James P. O’Neill said: “When an off-duty cop was driving home from work in October, he was struck in the chest during a gang-related shooting. This further highlighted our efforts to precisely investigate and rid from New York City streets such brazen criminals. We stand with our local, state and federal law enforcement partners ready to identify and bring to justice drug dealers and gang members who are at the root of crime and violence in our city. With these arrests, we continue to make significant progress in our work to make the streets of New York safer for everyone.”
As alleged in the Indictment unsealed today in Manhattan federal court[1]:
The Jack Boyz are a criminal enterprise involved in committing numerous acts of violence, including shootings, in and around the Bronx. Members and associates of the Jack Boyz engage in violence to retaliate against rival gangs, to promote the standing and reputation of the Jack Boyz, and to protect the gang’s narcotics business. Members and associates of the Jack Boyz enrich themselves by committing robberies and selling drugs.
On October 30, 2018, AVILA, COLDS, BLANCHE, JENKINS, and SMALLS shot at gang rivals in the vicinity of East 137th Street and Brown Place. During the course of that shooting, an off-duty NYPD officer was struck in the chest.
* * *
A chart containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Berman praised the outstanding investigative work of the NYPD.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Karin Portlock and Michael Longyear are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
CHARGE
DEFENDANTS
AGES
MAX. SENTENCE
1
Attempted murder in aid of racketeering
18 U.S.C. § 1959
PATRICK AVILA
JALEN COLDS
NAZAE BLANCHE
DONNELL JENKINS
LEON SMALLS
19
19
19
19
23
20 years in prison
2
Using or carrying a firearm during and in relation to, or possessing a firearm in furtherance of, a crime of violence, which firearm was discharged
18 U.S.C. § 924(c)
PATRICK AVILA
JALEN COLDS
NAZAE BLANCHE
DONNELL JENKINS
LEON SMALLS
Life in prison
Mandatory minimum of 10 years in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Five Individuals and Two Companies Plead Guilty to Felony Charges in Multimillion Dollar Scheme to Fraudulently Sell Popular Dietary SupplementsRead the Press Release
Five individual defendants and two companies pleaded guilty in Dallas to felony charges in connection with a scheme to fraudulently sell workout supplements, the Department of Justice announced today.
All of the defendants played roles in developing, manufacturing, or marketing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based dietary supplement company USPlabs. Cyril Willson, 38, of Ralston, Nebraska, and Matthew Hebert, 40, of Dallas, pleaded guilty today to introducing misbranded food into interstate commerce with the intent to defraud or mislead. Jonathan Doyle, 40, of Dallas, the president of USPlabs, pleaded guilty February 21 to conspiracy to introduce misbranded food into interstate commerce. Sitesh Patel, 35, of Irvine, California, the vice president of S.K. Laboratories, a California dietary supplement manufacturer, pleaded guilty on February 25 to conspiracy to introduce misbranded food into interstate commerce and to the introduction of misbranded food into interstate commerce. Jacobo Geissler, 42, of University Park, Texas, the CEO of USPlabs, pleaded guilty on February 28 to conspiracy to introduce misbranded food into interstate commerce. In addition, S.K. Laboratories pleaded guilty on February 25 to introduction of misbranded food into interstate commerce, and USPlabs pleaded guilty to conspiracy to introduce misbranded food into interstate commerce on March 5.
The misbranding charges all relate in part to OxyElite Pro, which was recalled in 2013 in the wake of an investigation by the Food and Drug Administration into whether the supplement caused liver injuries in consumers. All of the defendants were charged in a 2015 indictment returned by a Dallas federal grand jury in the Northern District of Texas.
“Dietary supplement makers may not disregard the law and trick consumers about what is in their products,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “Consumers are entitled to trust that the products they consume are safe. We will continue to investigate and prosecute those who enable the sale of mislabeled and potentially unsafe dietary supplements.”
The indictment alleged that the defendants participated in a conspiracy to import dietary supplement ingredients from China, including the stimulant known as “DMAA,” using false certificates of analysis and false labeling, and then lied about the source and nature of those ingredients. According to the indictment, the defendants told some of their retailers and wholesalers that USPlabs products contained natural plant extracts, when in fact they contained a synthetic stimulant manufactured in a Chinese chemical factory. The indictment also alleged that the defendants sold some of their products without determining whether they would be safe to use. According to the indictment, USPlabs products related to the conspiracy brought the company hundreds of millions of dollars.
In pleading guilty, Doyle, Geissler, and Patel admitted that they imported substances with false and misleading labeling in part to avoid law enforcement and regulatory agency attention. Willson and Hebert admitted that they helped to cause a dietary supplement to be shipped with false labeling regarding the ingredients it contained.
“Consumers deserve to know exactly what’s in their dietary supplements,” said U.S. Attorney for the Northern District of Texas Erin Nealy Cox. “We cannot stand by as supplement companies deceive customers – especially when they use untested, suspect ingredients in their products.”
“Americans who choose to take dietary supplements expect that those products are safe and properly labeled,” said FDA Commissioner Scott Gottlieb, M.D. “Dietary supplement labeling that falsely or misleadingly declares its contents presents a risk to the public, and the FDA will exercise its full authority under the law to bring to justice all those who produce and distribute misbranded dietary supplements.”
Doyle and Geissler pleaded guilty before U.S. Magistrate Judge Renee Harris Toliver. Patel, Willson, Hebert, S.K. Laboratories, and USPlabs pleaded guilty before U.S. District Judge Sam A. Lindsay. Patel faces a maximum sentence of six years’ imprisonment; Doyle and Geissler face up to five years’ imprisonment; and Willson and Hebert face up to three years’ imprisonment. The individual defendants, together with the companies, agreed to pay criminal fines and forfeitures totaling about $60 million. The court set sentencing hearings for Willson and Hebert on July 8, 2019, for Patel and S.K. Laboratories on Aug. 12, 2019, and for USPlabs on Aug. 19, 2019. The remaining sentencing dates have not yet been set.
The case was investigated by FDA’s Office of Criminal Investigations. The case is being prosecuted by Trial Attorneys David Sullivan, Patrick Runkle, and Raquel Toledo with the Department of Justice’s Consumer Protection Branch, and Assistant United States Attorneys Errin Martin and John DelaGarza of the U.S. Attorney’s Office for the Northern District of Texas.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Texas, visit its website at https://www.justice.gov/usao-ndtx.
Five Argentine Men Charged with Illegally Operating Online Pharmacies and Importing and Distributing OxycodoneRead the Press Release
U.S. Attorney Matthew D. Krueger of the Eastern District of Wisconsin announced that three defendants were arrested in Buenos Aires, Argentina yesterday. These defendants are wanted in the United States to face charges in the Eastern District of Wisconsin for operating numerous illegal online pharmacies and conspiring to import and distribute illegal controlled substances, including Oxycodone, in the United States. The three defendants and two additional defendants were charged on October 10, 2018, in the Eastern District of Wisconsin by a superseding indictment, which had remained sealed until their arrest.
Conrado Adolfo Frenzel, aka “Otto” (age: 50), Jorge Alejandro Paura, aka “Larry” (age: 51), Santiago Videmato, aka “James Duggan” (age: 35), Luciano Brunetti, aka “Biff Tannen” (age: 30), and Lucas Daniel Paura, aka “Carl Carlson” (age: 31), all from Buenos Aires, Argentina, were charged with conspiracy to distribute controlled substances, including Oxycodone; illegally distributing controlled substances using the internet; illegal use of the internet to advertise the sale of controlled substances; conspiracy to import controlled substances, including Oxycodone; and multiple counts of illegal importation and attempted importation of controlled substances from Romania and another country to the Eastern District of Wisconsin. The charges of conspiracy, distribution, and importation each carry a maximum penalty of 20 years in prison and a $1 million fine. The superseding indictment also includes a forfeiture allegation that identifies 28 residential real properties located in Florida.
Argentine authorities arrested Frenzel, Jorge Paura, and Videmato in Buenos Aires, on March 12, 2019, pursuant to requests for their provisional arrest from the United States. Authorities are pursuing the capture and arrest of Brunetti and Lucas Paura. The United States will seek to extradite these defendants to face the charges in the Eastern District of Wisconsin.
“Combatting the opioid crisis and the illegal flow of prescription drugs requires international cooperation,” said U.S. Attorney Krueger. “We commend the outstanding work of the Argentine law enforcement agencies whose partnership with U.S. authorities made these arrests possible.”
“The Drug Enforcement Administration (DEA) is committed to fight the opioid epidemic through aggressive domestic and international investigations,” said DEA Milwaukee District Office Special Agent in Charge Paul E. Maxwell, Jr. “Today’s arrests reflect the resolve and partnership of U.S. and Argentine law enforcement agencies to combat the transnational criminal activity which is fueling the opioid crisis.”
“IRS Criminal Investigation (CI) is committed to using our forensic accounting skills to assist in complex fraud and financial schemes,” said IRS-CI Special Agent in Charge Gabriel Grchan. “We are proud to work with our law enforcement partners to help investigate individuals, and to help put a stop to this and other types of illegal activity.”
“The indictments in this investigation are a direct result of the relentless efforts of a group of aggressive law enforcement officers from multiple agencies determined to keep the American public safe from illegal on-line ‘pharmacies,’” said Inspector in Charge Craig Goldberg of the U.S. Postal Inspection Service Chicago Division. “The Postal Inspection Service will never stop fighting to keep consumers safe from these types of crimes and the devastating and sometimes deadly effects of the drugs purchased from these illegal pharmacies. International borders will not hide these criminals from federal law enforcement; they will be brought to justice no matter where they run their criminal enterprise.”
The charges and arrests resulted from a multi-year investigation by the U.S. Department of Justice’s Office of International Affairs, the U.S. Attorney’s Office, DEA, IRS-CI, the U.S. Secret Service and the U.S. Postal Inspection Service. United States authorities worked closely with Argentine law enforcement authorities, including the Argentina Federal Intelligence Agency (AFI), City of Buenos Aires Police Department, Argentina Attorney General’s Office-PROCUNAR, Ministry of Security for the Nation of Argentina and Ministry of Justice for the Nation of Argentina. The following federal agencies also participated in the operation: the FBI, U.S. Department of State’s Diplomatic Security Service, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
The case is being prosecuted by Assistant U.S. Attorneys Laura S. Kwaterski and Rebecca Taibleson of the Eastern District of Wisconsin.
The public is cautioned that an indictment is merely a charge and the defendants are presumed innocent until and unless proven guilty.
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Federal Grand Jury Indicts Long Beach Man on Four Felony Offenses Related to Aliso Viejo Spa Bombing that Killed His Ex-GirlfriendRead the Press Release
SANTA ANA, California – A federal grand jury today issued a four-count indictment against a Long Beach man for his role in the May 15, 2018 bombing of the Magyar Kozmetica spa in Aliso Viejo that killed the man’s ex-girlfriend and seriously injured two other people.
Stephen William Beal, 59, who was arrested earlier this month pursuant to a criminal complaint, was charged with four felonies:
- use of a weapon of mass destruction resulting in death,
- malicious destruction of a building resulting in death,
- use of a destructive device in relation to a crime of violence, and
- possession of an unregistered destructive device.
Beal, who is currently being held without bond in federal custody, is scheduled to be arraigned on the indictment on March 25.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The charges of use a weapon of mass destruction resulting in death and malicious destruction of a building resulting in death each carry a potential sentence of life without parole in federal prison. The charge of use of a destructive device in relation to a crime of violence carries an additional consecutive penalty of 30 years in federal prison. The charge of possession of an unregistered destructive device carries a statutory maximum penalty of 10 years in prison.
This matter is being investigated by the FBI’s Joint Terrorism Task Force, which includes special agents with the FBI and deputies with the Orange County Sheriff’s Department. Task Force members who participated in the investigation included IRS Criminal Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Los Angeles Police Department; the Long Beach Police Department; the Irvine Police Department; the Anaheim Police Department; and the Orange County Fire Authority.
The case against Beal is being prosecuted by Assistant United States Attorneys Mark Takla and Annamartine Salick of the Terrorism and Export Crimes Section.
Ex-Bank Vice President Convicted of Bank Embezzlement/FraudRead the Press Release
BROWNSVILLE, Texas – A 69-year-old permanent legal resident from Mexico living in Brownsville has entered pleas of guilty to theft/embezzlement of bank funds, theft of funds by a bank employee and aggravated identity theft, announced U.S. Attorney Ryan K. Patrick.
Maria de Los Angeles Caballero aka Angie Caballero pleaded guilty today before U.S. District Judge Rolando Rivera.
From about November 2010 to July 2017, while employed as vice-president at Texas Community Bank in Brownsville, Caballero withdrew funds from two customer accounts without authorization. From one account, she ordered and obtained blank checks on which she then proceeded to forge the customer’s signature, fill out amounts and deposit the checks into a Wells Fargo account under the names of two of her relatives.
Authorities discovered 24 checks Caballero forged in this manner. Additionally, Caballero ordered and signed two cashier’s checks which she then deposited into her relatives’ account at Wells Fargo Bank.
The total amount she embezzled from the two accounts was proved to be $1,516,391.57.
Judge Olvera accepted the pleas and set sentencing for June 12, 2019. At that time, Caballero faces up to 30 years in of imprisonment as well as a $1 million fine. The identity theft also carries a mandatory 24 months which must be served consecutively to any other term imposed.
She was permitted to remain on bond pending that hearing.
The government will seek to obtain restitution on behalf of the two bank customers to recover the embezzled amount.
The FBI conducted the investigation. Assistant U.S. Attorney Oscar Ponce is prosecuting the case.
Elmira Man Arrested on Multiple Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.—U.S. Attorney James P. Kennedy, Jr., announced today that Andrew Tingling, 39, of Elmira, NY, was charged by criminal complaint with conspiracy to possess with intent to distribute one kilogram or more of heroin; possession with intent to distribute 40 grams or more of fentanyl; being a felon in possession of a firearm; and possession of a firearm in furtherance of a drug trafficking crime. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Robert A. Marangola, who is handling the case, stated that the charges stem from an investigation conducted involving the sale of heroin in Elmira. On March 1, 2019, law enforcement officers from multiple agencies executed a search warrant at 207 South Avenue in Elmira. During the search, officers seized over $50,000 U.S. currency, paraphernalia for the processing and distribution of narcotics, approximately 300 grams of fentanyl, and a loaded .22 caliber handgun. Tingling was located inside the residence.
In March 1998, the defendant was convicted in New York State court of Criminal Possession of a Weapon in the Second Degree, and in March 2008, Tingling was convicted in Chemung County Court Attempted Criminal Possession of a Controlled Substance in the Third Degree. As a result, the defendant is legally prohibited from possessing a firearm.
The criminal complaint was the culmination of an investigation on the part of the Elmira Police Department, under the direction of Chief Joseph Kane; the New York State Police, Community Narcotics Enforcement Team, Southern Tier, under the direction of Major Mary Clark and Lieutenant Kevin P. Sucher; Chemung County Sheriff’s Office under the direction of Acting Sheriff William A. Schrom; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
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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Dunbar man sentenced for being a prohibited person in possession of a firearmRead the Press Release
Prohibited Person Status as Due to Two Prior Domestic Violence Convictions
CHARLESTON, W.Va. -- A Dunbar, West Virginia man was sentenced to 18 months in prison, announced United States Attorney Mike Stuart. Brian M. Oliver, 22, previously pled guilty on December 17, 2018, to the felony offense of being a prohibited person in possession of a firearm. Oliver also agreed to the forfeiture of the gun. Stuart praised the work of the Dunbar Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
“Domestic violence is an insidious, diabolical force in society that must be rooted out at every level,” said United States Attorney Mike Stuart. “Those folks that are domestic batterers have lost their right and privilege to possess a firearm. There’s no greater champion of the Second Amendment than me but the thugs that beat and whip and abuse those weaker than them should never be near a firearm.”
On April 29, 2018, Dunbar Police Officers stopped a truck for a traffic infraction. Oliver was a passenger in the truck. During the course of the traffic stop, Oliver admitted to officers that he had a firearm on his person. Dunbar officers subsequently patted down Oliver and recovered an Iver Johnson .22 caliber pistol in his front pants pocket. Record checks revealed Oliver had been convicted of the misdemeanor offense of Domestic Battery in Kanawha County Magistrate Court in January 2017, and also of Second Offense Domestic Battery in March 2017. As a result of these convictions, Oliver is prohibited from carrying a firearm. Oliver admitted to the Dunbar police officers that he possessed the firearm and was not supposed to do so. The ATF traced the gun, revealing that it had traveled in interstate commerce as it was not manufactured in West Virginia.
Assistant United States Attorney Erik S. Goes is handling the prosecution. The hearing was held before United States District Judge Joseph R. Goodwin.
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Drug Trafficker Convicted at Trial for Distributing Crack Cocaine in North PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that Juan Jarmon, 32 of Philadelphia, was convicted today of one count of conspiracy to distribute 280 grams or more of cocaine base (“crack”); one count of unlawful use of a communication facility in furtherance of a drug felony; five counts of distribution of cocaine base (“crack”); one count of aiding and abetting distribution of cocaine base (“crack”); five counts of possession with intent to distribute cocaine base (“crack”); and 10 counts of distribution of and possession with intent to distribute cocaine base (“crack”) within 1,000 feet of public housing.
The defendant was a leader of the Jarmon/Edwards drug-trafficking group (DTG) that sold crack cocaine in and around the Norman Blumberg Apartment Complex (Blumberg) in North Philadelphia from at least late 2012 through late 2014. Blumberg was a public housing facility that contained two children’s playgrounds. DTG members sold crack cocaine 24 hours a day, 7 days a week, in and around the Blumberg high-rise buildings, which included the Hemberger Building and the Judson Building. The DTG employed a large network of supervisors, sellers, lookouts, suppliers, and those that permitted DTG members to use their apartments as stash locations and hideouts. During the course of the conspiracy, the group supplied over $1,000,000 of crack cocaine to this neighborhood.
From late 2012 until early-to-mid 2014, the defendant controlled drug sales in the Hemberger Building. Among other duties, the defendant purchased bulk crack and cocaine; cooked and packaged crack cocaine into bundles; sold crack cocaine to other drug traffickers and drug users; hired, fired, and supervised shift sellers and lookouts; secured apartment space and stash locations for their members; supplied bundles of crack cocaine to shift sellers; collected drug proceeds from shift sellers; levied taxes on members and customers; and provided protection to other drug trafficking groups. The defendant preyed on the financial weakness and vulnerability of others (including drug addicts, juveniles, the mentally ill, and those living in poverty) in order to further the interests of the DTG.
“Jarmon made money hand over fist selling crack for years, controlling his crew and capitalizing on other people’s addiction. Today’s verdict ensures that our streets are safer because Jarmon will remain where he belongs – behind bars – for years to come,” said U.S. Attorney McSwain. “I commend the hardworking prosecutors from my office and our law enforcement partners for putting this case together and holding this defendant accountable for the destruction he caused.”
“Juan Jarmon and his crew kept a tight, violent grip on the Blumberg Apartments complex and surrounding areas,” said Michael T. Harpster, Special Agent in Charge of the FBI’s Philadelphia Division. “Selling crack day and night, they made a nice profit, at the cost of the neighborhood’s quality of life. The FBI and our partners will continue to work to make this city safer by putting drug traffickers out of business and behind bars.”
“Juan Jarmon was convicted of leading a drug trafficking organization responsible for distributing crack cocaine in and around the former Norman Blumberg Apartment complex, which was one of the largest public housing projects in Philadelphia,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Jarmon and his associates sold the crack cocaine to street-level users, profiting from their addictions, and damaging the health and safety of the residents of the housing project. This case was a joint effort of the DEA, the Federal Bureau of Investigation, and the Philadelphia Police Department.”
“The investigation, arrest, and successful prosecution of Juan Jarmon serve as an example of the effectiveness of strong and consistent collaboration between law enforcement agencies,” said Richard J. Ross, Jr., Philadelphia Police Commissioner. “We anticipate that this conviction will further disrupt narcotics trafficking and attendant criminal activity in and around the Norman Blumberg apartment complex, as well as the surrounding North Philadelphia neighborhood, and have an appreciable impact on the quality of life of our residents.”
This case was investigated by the Federal Bureau of Investigation, Drug Enforcement Administration, and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Jerome Maiatico and Yvonne Osirim.
District Court Enters Permanent Injunction Against Texas Compounding Pharmacy and its Owner to Prevent Distribution of Adulterated DrugsRead the Press Release
The District Court for the Northern District of Texas entered a consent decree of permanent injunction against defendants JMA Partners Inc., a compounding pharmacy doing business as Guardian Pharmacy Services (Guardian), and Jack R. Munn, Guardian’s owner, the Department of Justice announced today. The injunction permanently enjoins the defendants from distributing adulterated, misbranded, and unapproved new drugs in violation of the federal Food, Drug, and Cosmetic Act (FDCA).
The Department filed a complaint in the U.S. District Court for the Northern District of Texas on March 6, 2019, at the request of the U.S. Food and Drug Administration (FDA), alleging, among other things, that the defendants failed to adequately address insanitary conditions at their drug-compounding facility. The complaint further alleges that defendants distributed misbranded and unapproved new drugs because, among other things, the drugs were distributed by the defendants without patient-specific prescriptions.
As part of the ordered permanent injunction, defendants cannot resume manufacturing, processing, or distributing sterile drugs until FDA determines that they have complied with specific remedial measures. Those measures seek to ensure that defendants manufacture and distribute drugs in conformity with applicable manufacturing standards.
“Doctors and patients must be able to rely on the safety and quality of drugs produced by compounding pharmacies,” said Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division. “The Department of Justice will continue to work with FDA to enforce the provisions of the Food, Drug, and Cosmetic Act.”
According to the complaint, defendants’ drugs were adulterated because they were prepared, packed, or held under insanitary conditions whereby they may have been contaminated or may have been rendered injurious to health. For example, the complaint alleges that during a 2018 FDA Inspection, defendants used non-sterile disinfectants that were labeled as sterile throughout the facility. The complaint further alleges that defendants failed to take adequate corrective actions after documenting repeated instances of high humidity levels in an area specially designed for aseptic processing of sterile drugs. High humidity levels in aseptic processing areas can lead to an increase in the proliferation of microorganisms present in those areas.
On July 28, 2017, FDA issued a Compounding Risk Alert to warn health professionals of adverse event reports concerning at least 43 patients who were administered intravitreal (eye) injections of a drug containing triamcinolone (a steroid) and moxifloxacin (an antibiotic) compounded by Guardian. According to the FDA’s Compounding Risk Alert, these patients developed various symptoms, including vision impairment.
Guardian initiated voluntary recalls of drug products in 2016 and 2018. The 2016 recall involved certain unexpired sterile drug products, and was initiated due to a lack of sterility assurance. The 2018 recall, initiated after FDA’s 2018 Inspection, involved products within expiry intended to be sterile. Guardian also temporarily ceased sterile production at that time.
“The Food, Drug, and Cosmetic Act is designed to protect the public health,” said U.S. Attorney Erin Nealy Cox for the Northern District of Texas. “Our district is a committed partner in enforcing the provisions of the Act in the interest of public safety.”
“When the FDA finds compounders that continue to violate the law by not adhering to manufacturing requirements, and put patients at risk, we are going to hold them accountable under the law,” said FDA Commissioner Scott Gottlieb, M.D. “We’ve continued to see violative behavior among compounding pharmacies, and we’re committed to taking enforcement actions against drug compounders that threaten the public health.”
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Mary M. (Marti) Cherry of the U.S. Attorney’s Office for the Northern District of Texas, with the assistance of Associate Chief Counsel, Enforcement, Jennifer Argabright of the Department of Health and Human Services’ Office of General Counsel.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of Texas, visit its website at https://www.justice.gov/usao-ndtx.
Delaware Businessman Pleads Guilty in $3.3M Ponzi SchemeRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Carl Chen, owner of Chenmax Properties, Inc., a Delaware Real Estate Investment Trust, and part-owner of Re/Max Sunvest Realty Co., pled guilty in federal court yesterday to wire-fraud charges for defrauding investors. Chen’s sentencing is scheduled June 21, 2019 before the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. Chen faces a maximum penalty of 20 years of imprisonment.
According to court documents and statements made in open court, between 2013 and 2017, Chen a solicited Re/Max Sunvest Realty clients and others to invest $3.32 million,. Chen fraudulently represented the funds would be used to purchase real estate which would provide annual interest returns of 10% to 15% for the investors. Instead, Chen diverted the money from later investors to pay off interest obligations to prior investors.
In October 2017, Chen declared bankruptcy in the United States Bankruptcy Court for the District of Delaware, seeking to discharge millions in debts he owed to investors.
U.S. Attorney Weiss stated, “The defendant callously targeted vulnerable individuals and then defrauded them out of their hard-earned savings. My office will continue to prosecute those who seek to profit by criminally exploiting others.”
“The FBI in Delaware will continue to aggressively pursue those who defraud unknowing or unsuspecting victims who place their trust in individuals who misrepresent themselves as professionals," said FBI Baltimore Acting Special Agent in Charge Jennifer Moore. "These individuals, who prey on investors, enrich themselves and cause financial damage which may take years, if ever, for the victims to recover.”
This case was investigated by the FBI and the Office of the United States Trustee and is being prosecuted by Assistant U.S. Attorney Alexander P. Ibrahim and Special Assistant U.S. Attorney Hannah McCollum.
Creator of Fraudulent Chicago-Area Pharmacy Sentenced to Five Years in Prison for $1.6 Million Fraud SchemeRead the Press Release
The creator of a fraudulent Chicago-area pharmacy has been sentenced to 60 months in federal prison for his role in a $1.6 million health care fraud scheme.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John R. Lausch Jr. of the Northern District of Illinois, Special Agent in Charge Jeffrey S. Sallet of the FBI’s Chicago Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement.
James Calhoun, 74, of Des Plaines, Illinois, was sentenced by U.S. District Judge John Z. Lee of the Northern District of Illinois. Judge Lee also ordered Calhoun to pay $1.6 million in restitution. Calhoun pleaded guilty in September 2018 to one count of conspiracy to commit health care fraud.
As part of his guilty plea, Calhoun admitted that he defrauded Medicare Part D of $1.6 million through an elaborate scheme in which he created a fictitious pharmacy on paper called “Cal’s Pharmacy” and used it to process hundreds of prescription claims for drugs that were never dispensed. For most of its existence, the pharmacy had no physical location or inventory, he admitted. Calhoun further admitted that he enrolled himself as a beneficiary in a Part D program and, from around January 2012 continuing through at least May 2015, Calhoun went to doctors’ appointments to try to obtain prescriptions for drugs that he would then pretend to fill at Cal’s Pharmacy, including and most often for the drug Arixtra, an expensive daily injection. Calhoun also admitted that acting as Cal’s Pharmacy’s owner, a fact that was concealed through the use of a straw owner, Calhoun collected all of the Part D reimbursement payments made to Cal’s Pharmacy. In addition to pretending to fill prescriptions for himself, Calhoun admitted that he fabricated prescription claims for three other people, including his codefendant and wife, Betty Calhoun. Calhoun also admitted that later on in the scheme, when Medicare started to deny the prescription claims, Calhoun appealed the denial and knowingly created and submitted to Medicare false and fabricated checks as part of his appeal, including to an administrative law judge, claiming they showed his payment for Arixtra prescriptions from Cal’s Pharmacy.
The total loss to Medicare was $1.6 million, Calhoun admitted.
Betty Calhoun pleaded guilty to one count of health care false statements in November 2018 and was sentenced to probation.
This case was investigated by the FBI and HHS-OIG. Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section prosecuted the case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 14 strike forces operating in 23 districts, has charged nearly 4,000 defendants who have collectively billed the Medicare program for more than $14 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Buffalo Man Pleads Guilty to Drug and Ammunition ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Tremaine Giddens, 42, of Buffalo, NY, pleaded guilty before Chief U.S. District Judge Frank P. Geraci, Jr. to possession with intent to distribute, and distribution of, cocaine, and being a felon in possession of ammunition. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that in October 2017, the defendant sold a quantity of cocaine to an individual working with the Drug Enforcement Administration (DEA) in a commercial parking lot at 15 Skillen Street in Buffalo.
On November 9, 2017, a federal search warrant was executed at 15 Skillen Street where investigators recovered a quantity of suspected cocaine, plastic bags, baking powder, and 2 digital scales. In addition, 35 rounds of .44 caliber ammunition was recovered.
On August 29, 2006, Giddens was convicted in Federal Court of possession with intent to distribute, and distribution of, a controlled substance. On January 20, 2000, in Erie County Court, the defendant was convicted of Criminal Possession of a Controlled Substance in the Fifth Degree. As a result of these convictions, Giddens is legally prohibited from possessing ammunition.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division.
Sentencing is scheduled for June 20, 2019, before Judge Geraci.
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Bronx Man Charged with MurderRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a federal indictment charging JAMAL BRISSETT, a/k/a “Trigger” with murdering Leshaun Gordon, 19, in the Bronx, New York, on June 30, 2009. BRISSETT was arrested yesterday and is expected to be presented before Chief U.S. Magistrate Judge Gabriel W. Gorenstein in federal court later today.
U.S. Attorney Geoffrey Berman said: “As alleged, Jamal Brissett killed 19-year-old Leshaun Gordon during a drug deal. Ten years may have passed, but we have not forgotten. Thanks to the determination of our partners at HSI and the NYPD, Brissett must now answer for his alleged crimes.”
HSI Special Agent in Charge Angel M. Melendez said: “In a scheme for revenge, Brissett is alleged to have robbed and shot a man, then later set the car on fire to cover up the crime. Nearly ten years ago a man was slain on the streets of New York City, but the crime was not forgotten. No matter how long it takes or how cold the case, HSI and its law enforcement partners will not stop pursuing perpetrators who threaten the safety of this great city.”
Police Commissioner James P. O’Neill said: “The ability of investigators to achieve justice for this young man and provide a sense of closure to his family is paramount. The identification and arrest of the suspect in this case was a team effort that resulted from the close partnership that exists between the NYPD and our law-enforcement partners. I thank and commend the Southern District of New York, and the investigators of HSI and the NYPD whose hard work in the case demonstrate that our efforts remain determined, and precisely-focused.”
According to the allegations in the Indictment unsealed in Manhattan federal court[1]:
On or about June 30, 2009, BRISSETT shot and killed Gordon in the course of a drug-trafficking crime and a robbery in the vicinity of Mickle Avenue and Chester Street in the Bronx, New York. BRISSETT then caused the car where the murder occurred to be set on fire in order to destroy evidence of his crime.
* * *
BRISSETT, 30, of the Bronx, New York, is charged with one count of using a firearm to commit murder during a crime of violence and a drug-trafficking crime, which carries a maximum penalty of death or life imprisonment, and one count of using arson to obstruct justice, which carries a maximum penalty of 20 years in prison. The maximum and minimum sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Berman praised the outstanding investigative work of HSI and the NYPD.
The prosecution of this case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Hagan Scotten and Danielle Sassoon are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless proved guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Biloxi Man Sentenced to over Five Years in Federal Prison for Trafficking Methamphetamine and Illegally Possessing a FirearmRead the Press Release
Gulfport, Miss. – Andarius Cordero Thomas, 25, of Biloxi, was sentenced by Senior U.S. District Judge Louis Guirola, Jr., to 64 months in federal prison followed by 3 years supervised release for possession of methamphetamine with intent to distribute and possession of a firearm by an unlawful user of a controlled substance, announced U.S. Attorney Mike Hurst and Special Agent-in-Charge Dana Nichols with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Thomas was also ordered to pay a $5,000.00 fine, and to forfeit a firearm and ammunition he had possessed. Thomas pled guilty to the charges on December 4, 2018.
The Biloxi Police Department conducted three undercover controlled buys of methamphetamine from Thomas in 2017. A search of Thomas’ residence revealed 3 grams of methamphetamine, 1,300 grams of marijuana, 3 digital scales, 6 boxes of small plastic baggies, 2 partially smoked marijuana cigarettes, and a loaded 9mm pistol with ammunition, which Thomas used during his drug distribution.
Additionally, Thomas was stopped by Biloxi police on April 4, 2018, where he was the sole occupant in the vehicle and marijuana smoke was emanating from the vehicle. A search of the vehicle revealed marijuana, a digital scale, and a loaded 40 caliber pistol which had been stolen. A search of the area next to Thomas’ bed at his mother’s home revealed another 8 grams of marijuana.
U.S. Attorney Hurst commended the coordinated investigation by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and by the Biloxi Police Department. The case was prosecuted by Assistant U.S. Attorney Stan Harris.
Bergen County, New Jersey, Man Charged with Embezzlement and Failure to File Annual Report for Employee Benefit PlanRead the Press Release
NEWARK, N.J. – The trustee of a pension fund has been indicted for embezzling from an employee benefits plan and failing to file annual reports for the plan, U.S. Attorney Craig Carpenito announced today.
Howard Preschel, 62, of Teaneck, New Jersey, is charged by indictment with 10 counts of embezzlement from an employee benefit plan and three counts of failure to file an annual report. He surrendered on March 12, 2019, and made his initial appearance before U.S. Magistrate Judge James C. Clark III. Preschel was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
Preschel served as a trustee for the CMG Vending Inc. Pension Trust Fund. CMG Vending operated, leased, and rented vending machines throughout New Jersey and New York. Preschel, by law, was a fiduciary and therefore required to act solely in the interest of the participants and beneficiaries. From at least October 2013, Preschel embezzled $186,123 from company’s pension trust fund.
Preschel was also required to publish and file annual reports with the Secretary of Labor. In order to conceal the ongoing embezzlement, Preschel failed to inform the participants and beneficiaries that insufficient funds were being forwarded to the pension trust and failed to file required annual reports for the plan.
The embezzlement charges each carry a maximum penalty of five years in prison and a fine of up $250,000. The failure to file an annual report charges each carry a maximum penalty of 10 years in prison and a fine of up to $100,000.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael Mikulka; and the U.S. Department of Labor, Employee Benefits Security Administration, under the direction of Acting Regional Director of the New York Regional Office, Thomas Licetti, with the investigation leading to the indictment.The government is represented by Assistant U.S. Attorney Thomas S. Kearney of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Baltimore Man Pleads Guilty to Enticing a Minor to Produce Child PornographyRead the Press Release
Baltimore, Maryland – Antonio Wright, age 42, of Baltimore, Maryland, pleaded guilty today to coercing and enticing a minor to engage in sexually explicit conduct and to two counts of production of child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
Wright admitted that he used an online social network to induce the victim, Jane Doe, to engage in sexually explicit conduct, and to produce images of that conduct. According to his plea agreement, Wright was in a relationship with the victim’s mother from at least 2009, when Jane Doe was four years old, and lived with the family intermittently until the Spring of 2017.
Beginning in at least August 2017, Wright and the victim, who was living with a foster family in Baltimore, began communicating by text messages, audio messages and images, using an online social network. The messages frequently included Wright’s love for Jane Doe, who told Jane Doe that they should eventually get married. Jane Doe was approximately 13 years old at this time. Wright instructed the victim not to tell others that she has “an older man for a boyfriend,” and that he would get in trouble if anyone found out.
On January 4, 2018, Wright spent time with Jane Doe at his residence when Baltimore City schools were closed due to snow. That afternoon, Jane Doe’s foster mother noticed that Jane Doe did not come home when she expected her. When she was unable to locate Jane Doe, she found the tablet that Jane Doe was using to communicate with Wright and observed the sexually explicit chats and images. After Wright brought Jane Doe home that afternoon, her foster mother filed a report with the Maryland Department of Human Services, who referred the case to Child Protective Services for investigation. As part of the investigation, Jane Doe’s tablet and social media accounts were searched, and sexually explicit photos, texts, messages, and voice messages were located.
As part of his plea agreement, Wright will be required to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Wright faces a mandatory minimum of 10 years in prison and up to life in prison for enticement and coercion of a minor; and a mandatory minimum of 15 years and a maximum of 30 years in prison for each of the two counts of production of child pornography. Chief U.S. District Judge James K. Bredar has scheduled sentencing for June 7, 2019 at 10:00 a.m.
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 Attorney’s 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.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI and Baltimore Police Department for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Paul E. Budlow, who is prosecuting the federal case.
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Amsterdam Man Sentenced to 120 Months for Role in Gun Store BurglaryRead the Press Release
SYRACUSE, NEW YORK – Onic Martinez, age 34, of Amsterdam, New York, was sentenced today to 120 months in prison for transporting, storing, and possessing firearms stolen from Target Sports, Inc., a federally licensed firearms dealer in Schenectady County.
The announcement was made by United States Attorney Grant C. Jaquith and John B. Devito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge Norman A. Mordue also sentenced Martinez to 3 years of supervised release and ordered that he pay restitution in the amount of $48,775.
Martinez, who has two prior felony convictions for robbery, pled guilty on August 30, 2018. As part of his plea, Martinez admitted that he retrieved dozens of stolen firearms from a storage locker in Schenectady, New York, where Christian Roman and Jose Fontanez hid them shortly after the burglary on October 22, 2017. In exchange for his assistance, Martinez received several of the stolen firearms. Martinez was prohibited from possessing firearms because of his criminal record.
Jose Fontanez, age 36, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports, and other, related charges. He is scheduled to be sentenced on April 22, 2019.
Christian Roman, age 24, of Schenectady, pled guilty in 2018 to stealing the firearms from Target Sports. He is scheduled to be sentenced on April 10, 2019.
Dalmary Morales, age 37, of Schenectady; and Juan Saez, age 35, of Rochester, New York, pled guilty in 2018 for their respective roles in stealing, transporting, and possessing the firearms. Morales and Saez are scheduled to be sentenced on April 22, 2019.
The case was investigated by the ATF, New York State Police, and the Glenville Police Department, and is being prosecuted by Assistant U.S. Attorney Wayne A. Myers.
20-Time Convicted Felon Pleads Guilty to Federal Firearms ChargeRead the Press Release
Ocala, Florida – Willie Lee Lewis (47, Ocala) today pleaded guilty to possessing a firearm as a convicted felon. He faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. Lewis was indicted on February 13, 2019.
According to the plea agreement, on November 28, 2018, a City of Ocala police officer attempted to stop Lewis for a tag violation. Rather than pulling over, Lewis led the officer on a low-speed chase during which Lewis discarded a loaded pistol, cocaine, and marijuana from the window of his van. Police recovered these items and arrested Lewis, who subsequently placed a recorded telephone call from the county jail in which he described the firearm and drugs that he had tossed from the van’s window.
Lewis has 20 prior felony convictions that include multiple drug sales and illegal firearm offenses, thus qualifying him for enhanced sentencing as an Armed Career Criminal.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Ocala Police Department jointly investigated this case. It is being prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
"Wing Stop Robbery Crew" Sentenced for Roles in Multiple Armed Crimes Committed Within Two WeeksRead the Press Release
HOUSTON - Five area men have been ordered to prison for their roles in a string of Houston-area armed robberies, including one in which someone was almost killed, announced U.S. Attorney Ryan K. Patrick.
Reshaun Lee Jenkins, 25, James Daniel Henderson, 24, Ashton Armstrong, 24, Cedric L. Andrews, 44, and Bradley Alexander, 28, had all previously pleaded guilty for their crimes as did Tadarius Robinson, 23, and Joseph Adams, 34, both also of Houston, and Mik Yia Shua Faye Durden, 22, of Livingston, and Travescy Cauley, 27, of Beaumont.
Today, U.S. District Judge Gray Miller imposed a total of 255 months in prison for Henderson. He was ordered to serve 51 months for the robberies in addition to another 204 months, which includes 120 months for discharging a firearm during the Wing Stop robbery and 84 months for brandishing a firearm during the robbery of an El Mexsal Taqueria robbery. The sentence for the firearm convictions must be served consecutively to each other and the sentence imposed for the robberies, resulting in the more than 21-year-sentence.
In imposing the massive term of imprisonment, the court noted Henderson had been the shooter in the Wing Stop robbery at 10749 North Freeway on Oct. 2, 2015, during which time an employee was almost killed.
Jenkins and Armstrong were both ordered to serve a total of 141 months, while Andrews and Alexander received a total of 33, and 147 months, respectively. As part of their sentences, Jenkins, Armstrong and Alexander were each required to serve 84 months consecutive to the sentences they received for the robberies for brandishing a firearm during the robberies to which they pleaded guilty.
Adams had previously received a 36-month term of imprisonment. Robinson, Durden and Cauley are still pending sentencing.
Robinson, Alexander and Armstrong committed an armed robbery of a T-Mobile store located at 10730 Eastex Freeway on Sept. 27, 2015. Armstrong had entered the store brandishing a firearm, while Robinson and Alexander waited in the getaway vehicle. U.S. currency and cellular phones were taken.
Three days later, Jenkins, Henderson, Armstrong, Durden and Alexander robbed the El Mexsal Taqueria located at 5797 North Sam Houston. Henderson, Cauley and Armstrong ordered the employees and customers to the ground at gunpoint, while Durden and Jenkins drove getaway cars. Alexander acted as a lookout during the robbery.
Robinson, Jenkins, Adams, Henderson, Andrews and Alexander then committed the armed robbery at the Wing Stop restaurant located at 10749 North Freeway on Oct. 2, 2015. Henderson entered the store with a gun drawn. When an did not immediately get down on the ground, Henderson shot him, causing permanent bodily injuries. Andrews and Adams were inside the restaurant during the robbery, while Robinson, Alexander and Jenkins sat outside acting as lookouts and the getaway driver. Alexander disassembled the firearm after the shooting and threw pieces out of the car window as they fled the scene.
Finally, Armstrong, Durden and Alexander then robbed Movie Magic at 6520 Airline on Oct. 9, 2015. Armstrong robbed the store at gunpoint. As they fled the scene and Durden drove the getaway car, Alexander fired his gun at a civilian who was chasing the robbers. Armstrong attempted to fire at the civilian but his gun jammed.
The case is an example of coordination between law enforcement who are part of the Houston Law Enforcement Violent Crime Initiative. The goal is to proactively fight and reduce violent crime across the Greater Houston area by targeting the region’s most violent offenders, augmenting investigative and prosecutorial efforts, and enhancing training, public awareness and education.
The cases are brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
The Bureau of Alcohol, Tobacco and Firearms conducted the investigation in conjunction with the Houston Police Department and Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard Hanes and Heather Winter are prosecuting the case.
12 March 2019
Williamston Man Sentenced to 10 Years in Federal Prison for Felon in Possession ChargeRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina announces today, that Senior United States District Malcolm J. Howard sentenced ANTONIO CLARENCE DAUGHTRIDGE 33, of Williamston to 120 months’ imprisonment, followed by 3 years of supervised released, and a $2,500 fine.
On November 21, 2017, DAUGHTRIDGE was named in a Six-Count Second Superseding Indictment that was returned by a federal grand jury sitting in the Eastern District of North Carolina. DAUGHTRIDGE was charged with possession with intent to distribute a quantity of 3-4 methlylenedioxymethemphetamine and a quantity of cocaine, possession of a firearm in furtherance of a drug trafficking crime, two counts of possession of a firearm by a felon and one count of possession with intent to distribute a quantity of cocaine base (crack). On December 3, 2018, DAUGHTRIDGE pled guilty to possession of a firearm by a felon.
On March 8, 2015 officers with the Wilson Police Department were working off-duty at Oscar’s Night Club in Wilson when they were approached by an unknown female, stating that DAUGHTRIDGE was in possession of a firearm and had pointed it at her. Officers approached the vehicle that the woman stated DAUGHTRIDGE occupied, had the driver put the car in park and gave commands to DAUGHTRIDGE to show his hands. DAUGHTRIDGE was not compliant with the commands and officers pulled him from the vehicle. Once out of the vehicle and arrested, officers observed and seized a firearm underneath the passenger seat. During the search of DAUGHTRIDGE’s person, officers seized what was believed to be 4 ecstasy pills and 18 packets of cocaine.
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. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted 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.
This case was brought using 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 violence crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Nash County Sheriff’s Office, Wilson Police Department, Greenville Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney James Kurosad prosecuted the case for the government.