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Wednesday 30 January 2019
Franklin, Tennessee Man Indicted for Impersonating a Deputy U.S. MarshalRead the Press Release
NASHVILLE, Tenn. – January 30, 2019 – Tooraj Sohrabi Sedeh, 50, of Franklin, Tennessee, has been indicted by a federal grand jury in Nashville and charged with three counts of impersonating a Deputy U.S. Marshal and making a false statement in connection with the investigation into his affiliation with the U.S. Marshal’s Service (USMS), announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
According to the indictment and court records, on November 21, 2018, a Deputy U.S. Marshal was at the Home Depot on Powell Avenue, in Nashville, when he observed Sedeh walking out of the store wearing a shirt with USMS markings, including embroidered markings, patches and collar insignia. Sedeh was also observed to have a badge holder on a neck chain with a USMS patch attached to it and was wearing a holstered firearm and handcuffs on his hip.
The Deputy Marshal followed Sedeh from the store and asked him if he worked for the U.S. Marshal’s Service. Sedeh answered yes and stated he was assigned to the Nashville office. Sedeh was asked to produce his credentials and stated that he did not have them. The deputy U.S. Marshal then identified himself and upon further inquiry, Sedeh stated he worked for the Williamson County Sheriff’s Department and was also a “freelance” bail bondsman and had worked for Grumpy’s Bail bonds. These claims were found to be false and Sedeh had no affiliation with these agencies or the USMS. The Deputy U.S. Marshal also observed Sedeh’s vehicle to have a law enforcement association sticker on it and shirts hanging inside with law enforcement insignias as well as ballistic vest carriers with U.S. Marshal insignias attached.
On November 28, 2018, the U.S. Marshal’s Service executed a federal search warrant at Sedeh’s home in Franklin, Tennessee and recovered a variety of clothing items marked with USMS insignias and other law enforcement tactical and service equipment.
The indictment also alleges that Sedeh impersonated a Deputy U.S. Marshal on other occasions, including between September 28, 2018 and October 4, 2018; November 15, 2018; and between November 25, 2018 and December 10, 2018.
If convicted, Sedeh faces up to three years in prison on each count of impersonation and up to five years in prison for making false statements and a $250,000 fine on each count. His trial is scheduled for March 19, 2019.
This case was investigated by the U.S. Marshal’s Service and is being prosecuted by Assistant U.S. Attorney Chris Suedekum.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Fort Pierce Resident Sentenced to Prison for ISIS Related ThreatsRead the Press Release
A Fort Pierce resident was sentenced to prison yesterday for making ISIS related threats.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office made the announcement.
Charlton Edward LaChase, 28, of Fort Pierce, Florida, was sentenced yesterday to 18 months in prison, to be followed by three years of supervised release, by U.S. District Judge Robin Rosenberg, after previously pleading guilty to two counts of transmitting threats through interstate or foreign commerce (Case No. 18-24011-CR).
According to the court record, LaChase sent text messages professing his support for ISIS and threatening to kill several people while committing acts of terrorism and mass murder. A search warrant for LaChase’s Facebook account revealed several attempts by LaChase to purchase firearms, as well as threats to commit mass murder, threats to kill politicians, and statements of support for ISIS.
LaChase received an enhancement at sentencing for obstruction of justice because he disposed of the cellphone he used to send the text messages, shortly after becoming aware that he was under investigation by the FBI.
U.S. Attorney Fajardo Orshan commended the investigative efforts of the FBI and the South Florida Joint Terrorism Task Force (JTTF). The case was prosecuted by Assistant United States Attorneys Rolando Garcia and Michael Porter.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Springfield Man Pleads Guilty to Bomb Threat at Veterans ClinicRead the Press Release
SPRINGFIELD, Mo. – A former Springfield, Mo., man pleaded guilty in federal court today to making a bomb threat at the Veterans Affairs Clinic in Mount Vernon, Mo.
Richard Leslie Turner III, 48, pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in an Aug. 14, 2018, federal indictment.
By pleading guilty today, Turner admitted that he threatened on July 13, 2018, to blow up the Community Based Outpatient Clinic located at 600 N. Main St. in Mount Vernon.
Turner arrived at the clinic on July 13, 2018, for an appointment but was told the appointment had been changed. Turner became angry and left the clinic. Shortly afterward another patient informed a staff member that Turner was in the parking lot making statements about obtaining explosives and blowing up the clinic. When authorities contacted Turner by phone later that day, he became angry that the clinic had called the police and stated that he really intended to blow up the clinic because the police had called him.
Under federal statutes, Turner is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI, the Mount Vernon, Mo., Police Department, the Veteran’s Affairs Police Department and the Department of Veterans Affairs, Office of Inspector General.
Former High School Counselor Pleads Guilty to Mail Fraud SchemeRead the Press Release
BECKLEY, W.Va. -- Mellissa Krystynak, 49, of St. Lucie, Florida, pled guilty to a mail fraud scheme she executed while employed as a counselor at Greenbrier West High School, in Charmco, Greenbrier County, West Virginia. The investigation was conducted by the Office of Inspector General, United States Department of Education.
“This takes cheating to a whole new level,” said United States Attorney Mike Stuart. “We expect to find students cheating. We don’t expect a parent abusing a position of authority to inflate her daughter’s grades and, adding even more harm, to use those fake grades to obtain federal benefits and, potentially, keep a deserving student from a legitimate opportunity. I think it’s fair to say that Krystynak might not be the best role model to emulate. Very, very sad.”
Krystynak, was a school counselor at Greenbrier West from 2011 until 2017. While she was employed there, two of her children attended the school. Krystynak used her position as a counselor to gain access to the school’s computerized grading programs to inflate at least thirty-four of her daughter’s grades. Her daughter then used the inflated grades to apply for and receive over ten different college scholarships with a potential benefit of over $20,000. These scholarships were based on applications containing the fraudulent report cards and transcripts.
Krystynak facts up to 20 years’ imprisonment, a $250,000 fine and 3 years of supervised release when she is sentenced on May 16, 2019. United States District Judge Irene Berger presided over the plea hearing. Assistant United States Attorney Steve Loew is handling the prosecution.
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Former Greenfield Township Sewer Authority Manager Indicted for Clean Water Act Violations and Wire FraudRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Bruce Evans, Sr., age 65, former Greenfield Township Sewer Authority Manager, and his son, Bruce Evans, Jr., age 37, both of Greenfield Township, Pennsylvania were indicted on January 8, 2019 by a federal grand jury for multiple violations of the Clean Water Act. Evans, Sr. is also charged with multiple counts of wire fraud.
According to United States Attorney David J. Freed, the indictment alleges that Evans, Sr. was a Greenfield Township Supervisor, a Greenfield Township Sewer Authority Board Member, and Manager of the Greenfield Township Sewer Authority. Evans, Jr. was an employee of both Greenfield Township and the Greenfield Township Sewer Authority. It is alleged that on various dates between April 2013 and December 2017, Evans, Sr. and Evans, Jr. failed to operate and manage the municipality’s waste water treatment plant in accordance with regulations and limitations specified in a permit issued by the Pennsylvania Department of Environmental Protection (PADEP) and the Environmental Protections Agency (EPA). The permit required that the permittee at all times maintain in good working order, and properly operate and maintain all facilities and systems, which were installed and used by the permittee to achieve compliance with the terms and conditions of the permits. It is also alleged that as a result of such failures, pollutants were discharged in violation of the permit.
The indictment further alleges that Evans, Sr. engaged in a scheme to defraud the Greenfield Township Sewer Authority by fraudulently converting funds and property of the Sewer Authority for his own personal benefit and for the benefit of a family member, including unlawful payments for a personal cell phone, fueling of personal vehicles, educational expenses, and unlawful use of Greenfield Township Sewer Authority labor.
The charges stem from an investigation jointly conducted by the Environmental Protection Agency, the Pennsylvania Department of Environmental Protection, and the Federal Bureau of Investigation. Assistant United States Attorney Michelle Olshefski is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
In this case, the Clean Water Act violations are punishable by up to 3 years’ imprisonment and a sliding scale for fines of $5,000 to $25,000 per violation, per day. The maximum penalty under the Wire Fraud statute is 20 years’ imprisonment and a $250,000 fine. Each crime also carries a term of supervised release following imprisonment. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Flooring Store Owner Sentenced for Tax EvasionRead the Press Release
KANSAS CITY, KAN. – The owner of a flooring store in the Kansas City area was sentenced today to a year on federal probation for tax evasion, U.S. Attorney Stephen McAllister said. He paid $101,014 in restitution.
Randall Barker, 50, owner of Wholesale Flooring, Inc., in Stilwell, Kan., pleaded guilty to one count of tax evasion. In his plea, he admitted he failed to report the full amount of income from his business in 2011, 2012, 2013 and 2014. He admitted he took direct payments from customers, removed cash from business deposits and altered invoices to show less income for the business.
McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Aaron Smith for their work on the case.
Five Miami Residents Sentenced to Prison for Tax Fraud SchemeRead the Press Release
Five residents of Miami were sentenced to federal prison for their participation in a tax fraud scheme.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida and Michael J. De Palma, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI) made the announcement.
Jamal Dyer, 32, of Miami, was sentenced to 28 months in prison, to be followed by 3 years of supervised release. Jorge Alfonso Osorio Rodriguez, 35, of Miami, was sentenced to 28 months in prison, to be followed by 3 years of supervised release. Tramaine Das Sealy, 34, of Miami, was sentenced to 14 months in prison, to be followed by 3 years of supervised release. Jonathan Charles Edwards, 33, of Miami, was sentenced to 12 months in prison, to be followed by 3 years of supervised release. The final defendant, Daniel Alvaro Murias, 28, of Miami, was sentenced today to 14 months in prison, to be followed by one year of supervised release. Dyer, Osorio, Das Sealy, and Edwards previously pled guilty to one count of conspiracy to aid and assist the preparation of false tax returns, in violation of Title 18, United States Code, Section 371, and Murias previously pled guilty to one count of aiding and assisting the preparation of a false tax return, in violation of Title 26, United States Code, Section 7206(2) (Case No. 18-20581-CR-SCOLA).
According to the court docket, including the agreed upon factual proffer, from February of 2015 through May of 2017, the defendants operated a tax preparation business called “The Tax Firm Miami” in Miami, Florida. While operating out of The Tax Firm Miami, all five defendants knowingly and willfully submitted thousands of false statements and claims on their clients’ tax returns, including false claims to the Education Credit, the American Opportunity Credit, and the Residential Energy Credit, resulting in a greater tax refund being paid from the IRS to their clients, or a lesser tax liability owed by their clients to the IRS. Collectively, through the submission of tax returns claiming these false credits, the defendants stole more than $12 million on behalf of themselves and their clients.
U.S. Attorney Fajardo Orshan commended the investigative efforts of IRS-CI in this matter. Assistant U.S. Attorney Daniel J. Marcet prosecuted this case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
Federal jury finds Monroe felon guilty of possessing pistol, ammunitionRead the Press Release
MONROE, La. – Daryon D. Kelley, age 23, of Monroe, Louisiana, was found guilty today in United States District Court following a three-day trial, announced United States Attorney David C. Joseph.
After deliberating this afternoon, the federal jury found Kelley guilty of possession of a firearm by a convicted felon. Evidence admitted at trial revealed that West Monroe police conducted a traffic stop October 2, 2017 on the vehicle Kelley was driving. During a search of the vehicle, police officers found a Ruger .9 mm-caliber pistol and ammunition, $10,400 and a partially smoked marijuana cigar in the center console. Daryon Kelley was previously convicted on April 9, 2015 for a drug distribution charge.
“Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition,” stated U.S. Attorney David C. Joseph. “We are committed to working with our law enforcement partners in keeping our neighborhoods safe and we will continue to work together towards a safer Monroe in 2019.”
The defendant faces up to 10 years in prison, three years of supervised release and a $250,000 fine. Sentencing has been set for May 15, 2019.
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.
The ATF and the West Monroe Police Department conducted the investigation. Assistant U.S. Attorneys Tennille M. Gilreath and Earl M. Campbell are prosecuting the case.
Federal Jury Convicts Honduran Citizen of Being Found in the United States After Having Been DeportedRead the Press Release
DAYTON – A jury has convicted Oscar Lopez Acosta, 41, a citizen of Honduras, with being found in the United States, without authorization, after having twice been deported.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Rebecca Adducci, Field Office Director, United States Immigration and Customs Enforcement (ICE), announced the verdict reached yesterday evening, after a trial that began on Monday before U.S. District Judge Walter H. Rice.
According to records and trial testimony, in 2009, U.S. Immigration authorities encountered Acosta in Florida, an Immigration Judge in Pompano Beach, Fla., ordered that he be deported, and immigration authorities deported Acosta to his home country of Honduras. Acosta was banned from reentering the United States for 10 years.
He returned without authorization, and in 2012, immigration officials encountered Acosta again, this time near Brownsville, Texas. Acosta was convicted in federal court in Texas of illegally entering the country, a misdemeanor, and following his conviction, Acosta was again deported to Honduras. This time, Acosta was banned from reentering the United States for 20 years.
In October 2018, immigration officials encountered Acosta in Riverside, Ohio, after local police responded to a crash involving an uninsured car owned by Acosta and in which he was a passenger.
The jury convicted Acosta of one count of being found in the United States after deportation and without authorization, a crime punishable by up to two years in prison. Sentencing is scheduled for April 30, 2019.
U.S. Attorney Glassman commended the investigation by ICE and the assistance of the Riverside Police Department, as well as Assistant United States Attorney Andrew J. Hunt and First Assistant United States Attorney Vipal J. Patel, who are representing the United States in this case.
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Federal Judge Sentences Charlotte Man to Nine Years in Prison for Drug Trafficking and Money Laundering ConspiracyRead the Press Release
CHARLOTTE, N.C. – Chief U.S. District Judge Frank D. Whitney sentenced today Shi Yun Zhou, 27, of Charlotte, to 108 months in prison and four years of supervised release on drug trafficking conspiracy and money laundering conspiracy charges, announced Andrew Murray, U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Charlotte District Office, and Matthew D. Line, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI) join U.S. Attorney Murray in making today’s announcement.
According to filed court documents and court proceedings, beginning in 2015, law enforcement began to investigate a Drug Trafficking Organization (DTO) responsible for trafficking large quantities of marijuana and other narcotics between California and Charlotte. Court records show that from 2013 to 2018, Zhou was involved in the DTO, and engaged in extensive drug trafficking and money laundering activities. As Zhou previously admitted in court, during the relevant time period, Zhou trafficked more than 770 kilograms of marijuana and 500 grams of cocaine in and around Mecklenburg County, and used the drug proceeds to buy multiple residences and luxury vehicles. On April 3, 2018, law enforcement executed a search warrant at one of Zhou’s residences, and seized narcotics, three firearms and ammunition, a digital scale and other drug paraphernalia, and $215,106 in cash.
Zhou pleaded guilty in April 2018 to drug trafficking conspiracy, money laundering conspiracy, and possession with intent to distribute cocaine. He is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons to begin serving his sentence. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Murray thanked the DEA and IRS-CI for their investigation of this case.
Assistant U.S. Attorneys Sanjeev Bhasker and Ben Bain-Creed, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Executive Wallace Tang and Three Corporations Sentenced for Defrauding NASA, National Science Foundation, and Energy Department MatterRead the Press Release
United States Attorney Ron Parsons announced that multiple corporate defendants convicted of Conspiracy to Commit Wire Fraud and one individual defendant convicted of Wire Fraud were sentenced on January 14, 2019, by U.S. District Judge Karen E. Schreier.
Wallace Tang, age 55, of Alamo, California, was sentenced to 2 years of probation and ordered to pay $1,084,418.60 in restitution jointly with three Bay Area corporations. Tang was also ordered to pay $100 to the Federal Crime Victims Fund. Laserlith Corporation, Black Hills Nanosystems Corporation, and Blue Sky Engineering Inc., were also sentenced by and through Tang, Gina Kim, and Sine Chao, respectively, who were the corporate representatives.
As part of the plea agreements filed with the Court, the defendants paid restitution totaling $1,084,418.60. The restitution was paid at the time each defendant appeared to plead guilty. All of the corporations, as a result of the successful investigation and prosecution, are now defunct and no longer operational. The amount of criminal restitution represents the monies derived from the defendants’ fraudulent conduct perpetrated against the National Aeronautics and Space Administration (“NASA”), the National Science Foundation (“NSF”), and the Department of Energy (“DoE”).
“Since its inception, the space program has been a symbol of American hope and progress,” said U.S. Attorney Parsons. “When these defendants defrauded NASA and other governmental departments committed to the advancement of scientific knowledge, they were not only ripping off the American taxpayer, they were stealing a part of our future.”
“The NASA Office of Inspector General (“OIG”) will aggressively investigate any attempt to defraud NASA grants, contracts, and operations,” said NASA Inspector General Paul Martin. “The NASA OIG appreciates the cooperative efforts of the entire investigative and prosecution team during this multi-year investigation.”
“The Small Business Innovation Research Program and Small Business Transfer Technology Research Program are valuable tools in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” commented Allison Lerner, the Inspector General for NSF. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”
“The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation,” stated Teri Donaldson, Department of Energy Inspector General. “These sentencings serve as a reminder that fraud in the SBIR Program will not be tolerated. The Office of Inspector General remains committed to ensuring the integrity of our programs by holding accountable those who attempt to hide behind sophisticated schemes. We appreciate the efforts of the DOJ in pursuing this matter and will continue to work aggressively with our investigative partners to pursue those who seek to defraud government programs.”
At the times relevant to this case, NASA, NSF, and DoE participated in the Small Business Innovation Research (“SBIR”) Program and Small Business Transfer Technology Research (“STTR”) Program through which Defendants sought and obtained federal funds. Federal SBIR and STTR grant and contract award payments were electronically transferred from the associated federal agency, through the U.S. Department of the Treasury, and then wired to a business bank account identified by the defendants. The defendants also used wires to transmit interstate communications to and from South Dakota.
Beginning in approximately 2012, and continuing through 2016, within the State and District of South Dakota and elsewhere, Blue Sky Engineering Inc., Black Hills Nanosystems, and Laserlith unlawfully and knowingly conspired and agreed together to devise a scheme to defraud and obtain money and property from NASA, NSF, and DoE. The defendants defrauded these federal agencies through false and fraudulent representations and by sending electronic wire communications in interstate and foreign commerce. The purpose of the corporate-defendants’ conspiracy was to obtain federally-funded projects by and through material misrepresentations, statements, and omissions, thereby depriving the United States the ability to fund other small businesses and resulting in the enrichment of Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and Tang.
According to the parties’ plea agreements, the corporate-defendants committed the following acts, as well as others, in South Dakota and elsewhere:
- The corporate-defendants applied for and received federal awards for essentially equivalent work, or portions thereof, concealing the existence of the awards and the relationships between related companies from the awarding agencies.
- During the application process, the corporate-defendants misrepresented the existence and use of distinct company facilities, equipment, and operations in South Dakota and North Dakota, and elsewhere outside of California. These representations and statements were false in that all of the companies were co-located in a common facility in Richmond, California, sharing the same resources and performing essentially equivalent work, or portions thereof.
- The corporate-defendants’ fraudulent conduct included the preparation and submission of proposals for awards under the NSF, NASA, and DOE programs, specifically involving costs, employees, the eligibility of principal investigators, suitability of facilities, location of facilities, subcontractors, consultants, letters of support, and certifications submitted to NSF, NASA, and DOE. As a result of the corporate-defendants’ conduct, fraudulently-obtained NSF, NASA, and DOE contracts were awarded, totaling $1,084,418.60 between Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and others.
As to Tang’s individual guilty plea, on January 28, 2015, Tang executed the aforementioned scheme to defraud the United States and its agencies and to obtain money and property by means of false representations, and promises relating to material facts. Specifically, Tang knowingly sent a wire communications in interstate or foreign commerce as follows: a wire communication from MicroAssembly, by and through Defendant Blue Sky Engineering Inc., as general contract, and with Black Hills Nano serving as subcontractor, containing NASA proposal numbered H8.03-8999, entitled “Low Cost Multi-Junction Photovoltaic Panels.” This proposal was fraudulent and contained material representations in that it contained “essentially equivalent work,” or a portion thereof, to proposals submitted as part of the conspiracy, as set forth above and as alleged in the Information, between Defendants Blue Sky Engineering Inc., MicroAssembly, Laserlith, and Black Hills Nano. After transmitting this wire containing fraudulent and material representations, Defendant Tang withdrew the proposal from NASA. Although NASA proposal numbered H8.03-8999 was later withdrawn, Defendant Tang submitted the proposal with the intent to defraud NASA.
This case was investigated by NASA OIG, NSF OIG, and DoE OIG. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Eight Individuals Indicted for Fraudulently Facilitating Hundreds of Foreign Nationals in Illegally Remaining in the U.S. in Immigration Fraud SchemeRead the Press Release
Three indictments were unsealed today charging eight individuals from around the country with conspiracy to commit visa fraud and harboring aliens for profit, announced United States Attorney Matthew Schneider. Six of the defendants were arrested in metro Detroit. Two others were arrested in Lake Mary, Florida; and Culpeper, Virginia.
Schneider was joined in the announcement by Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Detroit.
Charged in the indictments were:
Barath Kakireddy, 29, of Lake Mary, FL
Suresh Kandala, 31, of Culpeper, VA
Phanideep Karnati, 35, of Louisville, KY
Prem Rampeesa, 26, of Charlotte, NC
Santosh Sama, 28, of Fremont, CA
Avinash Thakkallapally, 28, of Harrisburg, PA
Aswanth Nune, 26, of Atlanta, GA.
Naveen Prathipati, 26, of Dallas, TX
According to the indictments, from approximately February 2017 through January 2019, the defendants, a group of foreign citizens, conspired with each other and others to fraudulently facilitate hundreds of foreign nationals in illegally remaining and working in the United States by actively recruiting them to enroll into a metro Detroit private university that, unbeknownst to the conspirators, was operated by HSI special agents as part of an undercover operation. As part of the scheme, the defendants/recruiters assisted foreign citizen “students” in fraudulently obtaining immigration documents from the school and facilitated the creation of false student records, including transcripts, for the purpose of deceiving immigration authorities. The illegal documents obtained as a result of the conspirators’ actions were based on false claims, false statements, and fraud since the purported foreign students had no intention of attending school, nor attended a single class, and were not bona fide students. All participants in the scheme knew that the school had no instructors or actual classes. The defendants intended to help shield and hide their customers/”students” from United States immigration authorities for money and collectively profited in excess of a quarter of a million dollars as a result of their scheme.
“We are all aware that international students can be a valuable asset to our country, but as this case shows, the well-intended international student visa program can also be exploited and abused,” stated United States Attorney Matthew Schneider.
“Homeland Security Investigations special agents uncovered a nationwide network that grossly exploited U.S. immigration laws. These suspects aided hundreds of foreign nationals to remain in the United States illegally by helping to portray them as students, which they most certainly were not. HSI remains vigilant to ensure the integrity of U.S. immigration laws and will continue to investigate this and other transnational crimes,” said Special Agent in Charge Francis.
If convicted, the defendants face a statutory maximum penalty of five years in federal prison.
Since 2015, the case was investigated by special agents from the Detroit HSI field office.
The case is being prosecuted by Assistant U.S. Attorneys Ronald Waterstreet, Timothy McDonald and Brandon Helms with the United States Attorney’s Office for the Eastern District of Michigan in Detroit.
An indictment is only a charge and is not evidence of guilt. Every defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Dominican National Sentenced for Fentanyl ConspiracyRead the Press Release
BOSTON – A Dominican national was sentenced yesterday for his role in a conspiracy to distribute fentanyl.
Julio Cesar Baez, 50, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to 30 months in prison and three years of supervised release. In November 2018, Baez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute more than 400 grams or more of fentanyl, and one count of possession with intent to distribute and distribution of more than 400 grams of fentanyl.
According to court records, as part of an ongoing drug trafficking investigation, law enforcement agents intercepted telephones used by Wareng Jhonny Villar-Ortiz and another member of the conspiracy, both of whom are also Dominican nationals, and determined that Villar-Ortiz was a mid-level drug distributor, who had received a kilogram of drugs in late January 2018. In February 2018, Villar-Ortiz was dissatisfied with the quality of the drugs and made arrangements to return the drugs. On Feb. 14, 2018, agents observed Villar-Ortiz’s supplier exit Villar-Ortiz’s apartment building, get into his car, and drive off. A short while later, agents observed Baez exit the vehicle and enter a second vehicle. Law enforcement officers then stopped the second vehicle and seized approximately 789 grams of fentanyl from Baez.
According to court records, Baez was as a runner responsible for delivering fentanyl from the supplier. Three other members of the conspiracy, including Villar-Ortiz, have been convicted in connection with the investigation, but have not yet been sentenced.
United States Attorney Andrew E. Lelling; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. Valuable assistance was provided by the Boston, Ipswich, and Arlington Police Departments. Assistant U.S. Attorney James E. Arnold of Lelling’s Narcotics and Money Laundering Unit prosecuted the case.
Domestic Violence Perpetrator Pleads Guilty to Possessing 37 FirearmsRead the Press Release
LOUISVILLE, Ky. – A Louisville, Kentucky, woman who was previously convicted of domestic violence has pleaded guilty to a Superseding Indictment charging her with unlawful possession of 37 firearms, announced United States Attorney Russell M. Coleman.
Ashlynn Marcum, 28, Louisville, was indicted by a federal Grand Jury on November 20, 2018.
According to a plea agreement, on August 29, 2018, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) were investigating the theft of firearms from a building associated with a firearms dealer. During the investigation, agents approached a vehicle in the parking lot of a motel in Muldraugh, Kentucky. Marcum was seated in the passenger seat of the vehicle. An agent saw a Colt Black Stallion .380 caliber semiautomatic pistol and a loaded magazine in plain view on the floorboard of the vehicle near the defendant’s feet. After being advised of her Miranda rights, the defendant stated she obtained the pistol found in the vehicle from a guy named “Joe” and that she chose that pistol to carry because it was small. The defendant consented to a search of a motel room she was staying in at the motel. When the agents searched the room, they recovered more firearms that the defendant said were stolen from the storage building associated with the firearms dealer. According to the Superseding Indictment, Marcum has 3 previous misdemeanor domestic violence convictions in the Jefferson County, Kentucky, District Court.
Marcum faces a maximum sentence of 10 years imprisonment, a maximum fine of $250,000 and a 3-year term of supervised release.
The case was prosecuted by Assistant United States Attorney Tom Dyke and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Kentucky. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone.
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Deltoine Scott Sentenced to 200 Months for Felony Murder Related to May 2017 Loomis Armored Car RobberyRead the Press Release
NEW ORLEANS – United States District Judge Ivan L.R. Lemelle sentenced DELTOINE SCOTT, age 25, of New Orleans, to 200 months in federal prison for his role in a 2015 armored car robbery and a 2017 attempted armored car robbery in which Loomis guard James McBride was killed, announced U.S. Attorney Peter Strasser.
As part of a plea, SCOTT admitted to conspiring with JEROME KIEFFER and ARMSTEAD KIEFFER, who are father and son, to commit two armored car robberies, a 2015 robbery at the Chase Bank on N. Board and a 2017 attempted robbery at the Campus Federal Credit Union on Tulane. SCOTT testified against the KIEFFERs during an October 2018 trial, admitting his role and identifying JEROME KIEFFER as the other gunman in both robberies and ARMSTEAD KIEFFER as the lookout in the 2017 attempted robbery that resulted in McBride’s death. Both of the KIEFFERs were convicted on all counts at trial and face a mandatory life sentence.
SCOTT will served 200 months, to be followed by three years of supervised release after his incarceration. SCOTT was also ordered to pay in restitution the $160,000 that was stolen during the 2015 robbery, for which the KIEFFERs will be jointly and severely liable.
U.S. Attorney Strasser praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant United States Attorneys David Haller and Michael McMahon were in charge of the prosecution.
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Convicted Felon Sentenced to Prison for Possessing A Firearm During Shootout in St. PetersburgRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody, Jr. has sentenced Lavonta Hill (28, St. Petersburg) to five years and four months in federal prison for possessing a firearm as a convicted felon. Hill had pleaded guilty on October 30, 2018.
According to court documents, on January 25, 2017, at approximately 3:45 a.m., Hill was involved in a shootout in a residential area of 15th Street South and 14th Avenue South, in St. Petersburg. Shortly after the shooting, officers from the St. Petersburg Police Department (SPPD) found Hill on the ground in the parking lot of a nearby liquor store, bleeding from his wounds. Hill, who at the time was a convicted felon and prohibited from possessing a firearm or ammunition, denied knowing where the shooting occurred, who shot him, or why.
Further investigation by SPPD determined that the shooting had occurred on 15th Street South, approximately 60 shots had been fired, and bullets had struck houses, trees, and cars in the vicinity. In the front yard of one of the residences, an officer found a blue recycling container with blood smeared on it. Under the container, the officer found a firearm. Investigators discovered a trail of blood drops from that residence to the liquor store parking lot. Surveillance video from a nearby grocery store showed Hill staggering across the parking lot and crossing the street toward the liquor store at approximately 3:46 a.m., and witnesses described seeing Hill stumble and sway as he approached the liquor store. DNA from the blood on the firearm and recycling bin matched Hill’s DNA and a firearms and ballistics expert determined that two of the cartridge cases from the shooting scene were fired from the firearm linked to Hill.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Petersburg Police Department, and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorney Michael Sinacore.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. 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.
Co-Conspirators in Philadelphia Crack Cocaine Trafficking Conspiracy ConvictedRead the Press Release
PHILADELPHIA – United States Attorney William M. McSwain announced that a jury has convicted Edward Stinson and Debra Baylor of conspiracy to distribute 280 grams or more of cocaine base, in addition to several related drug charges, including one count of possession with intent to distribute cocaine (against Baylor); one count of possession with intent to distribute cocaine within a public housing project (against Baylor); two counts of possession with intent to distribute cocaine base (against Baylor); unlawful use of a communication facility in furtherance of a drug felony (multiple counts against both defendants); and one count of maintaining a drug house (against Baylor).
The Stinson Drug Trafficking Group (DTG) sold crack cocaine in and around the Norman Blumberg Apartment Complex (Blumberg) in North Philadelphia from about 2010 through September 2015. Blumberg was a public housing facility that provided housing to low income residents and contained two children’s playgrounds before it was torn down in 2016. The DTG sold crack cocaine 24 hours a day, 7 days a week, employing a large network of supervisors, sellers, lookouts, and suppliers in and around Blumberg. To protect their territory and drug trafficking activities, members of this DTG routinely carried, and sometimes used, loaded firearms.
Stinson was the leader of the DTG. He was assisted in the daily operations of the DTG by multiple individuals, including Baylor. Defendants and others obtained bulk quantities of cocaine from suppliers and arranged for it to be cooked into crack cocaine inside various apartments in Blumberg. The crack cocaine was then distributed to other members of the DTG for further re-distribution by another group of persons in the DTG. Debra Baylor, in addition to selling crack cocaine, permitted Edward Stinson and others acting on their behalf, to package, store, and distribute crack cocaine out of her apartment, which served as a “stash” house for the DTG.
“Today’s verdict ensures that Stinson and Baylor will be held accountable for the misery their drug trafficking activities caused,” said U.S. Attorney McSwain. “Today’s victory demonstrates my Office’s steadfast commitment to taking down criminal organizations like the Stinson DTG and cutting off the supply of illegal drugs like crack cocaine into our communities.”
“For years, Edward Stinson controlled the crack trade around the Blumberg Apartments through violence and intimidation. His 24-7 operation hauled in millions of dollars, at great cost to that neighborhood and the folks who lived there. The FBI and our law enforcement partners are committed to dismantling drug trafficking organizations like this and bringing those involved to justice,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division.
“Stinson and his associates were responsible for rampant drug trafficking and acts of violence that terrorized the residents of the former Norman Blumberg Apartment complex,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. “Through their criminal activities, Stinson and Baylor preyed on some of the most vulnerable members of our society through fear, intimidation, and total disregard for the residents of this public housing facility.”
This case was investigated by the FBI Philadelphia Division, the Drug Enforcement Administration's Philadelphia Field Division, and the Philadelphia Police. The case is being prosecuted by Assistant United States Attorneys Joseph Labrum and Josh Davison.
Clearwater Doctor Sentenced to Prison for Health Care FraudRead the Press Release
Tampa, Florida – U.S. District Judge James S. Moody Jr. today sentenced Jayam Krishna Iyer (66, Clearwater) to six months in federal prison for committing health care fraud, ordered Iyer to forfeit over $52,000 in health care fraud proceeds, and order her to pay restitution to the Medicare and Medicaid programs.
In addition, the court ordered Iyer to forfeit her Florida medical license, permanently excluding her from participating in the Medicare and Medicaid programs. And, Iyer agreed to surrender her DEA registration number, which had been used to prescribe controlled substances, and not to reapply for a DEA registration number for at least 20 years.
According to court documents, Iyer owned and operated Creative Medical Center, located on Druid Road East in Clearwater. The center functioned as a pain management clinic; Iyer conducted office visits and wrote prescriptions for controlled substances, including oxycodone, morphine, and fentanyl.
Beginning in July 2011 and continuing through December 2017, Iyer carried out a scheme to defraud Medicare by billing for face-to-face office visits with Medicare and Medicaid patients, when, in fact, certain patients had not gone to Iyer’s office and had not been examined by her on the claimed dates. Instead, family members of patients had visited Iyer’s office, where she issued prescriptions for Schedule II controlled substances, including oxycodone, to the family members in the patients’ names. Iyer thereby violated a Florida law requiring doctors to perform an in-person office visit and examination of each patient before issuing Schedule II controlled substance prescriptions.
Iyer also falsified her electronic medical records, including vital statistics, to make it appear that the actual patients had been present in her office for an office visit, when they had not.
Iyer submitted at least $52,000 in false and fraudulent Medicare and Medicaid claims.
This case was investigated by the Opioid Fraud and Abuse Detection Unit – one of 12 Department of Justice pilot programs created to help combat the opioid crisis that is ravaging families and communities across America. The unit focuses specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to the prescription opioid epidemic. The case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services Office of Inspector General, the Florida Office of Attorney General’s Medicaid Fraud Control Unit, and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
Citizen of India Charged with Operating "Provisional Credit" Fraud SchemeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (HSI) in Boston, today announced that KISHORE BABU AMMISETTI, 30, a citizen of India, has been charged by federal criminal complaint with fraud offenses stemming from an alleged “provisional credit” scheme.
As alleged in the complaint, Ammisetti used Facebook Marketplace and other media to victimize individuals, primarily of Indian decent, who advertised items for sale or rooms for rent. Through this scheme, Ammisetti would contact a victim to express interest in purchasing an item or renting a room. He would then gather the victim’s bank account information and other personal information under the guise of making a deposit to the victim’s bank account. He also would offer to provide a “deposit” directly into the victim’s account via a Peer-to-Peer (P2P) transfer.
The complaint further alleges that Ammisetti would then contact the victim’s bank and, posing as the victim, would claim to have made an ATM deposit that did not register on the victim’s bank account. While researching the “unregistered deposit,” the bank would credit the victim’s account with a provisional credit. Ammisetti would then contact the victim and claim that the provisional credit to the victim’s bank account was a mistaken transfer by Ammisetti to the victim’s account. Ammisetti would then request either a full or partial refund of that money, which the victim would provide via a P2P transfer. After the bank determined that there was no unregistered deposit to the victim’s account, the funds provided as a provisional credit would be removed from the account.
It is alleged that Ammisetti stole at least $800,000 from more than 400 victims through this scheme. The investigation has revealed that Ammisetti often operated this scheme while staying at casino hotels in Connecticut.
Ammisetti was arrested on January 25, 2019. He appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and was ordered detained.
It is alleged that Ammisetti entered the U.S. in 2013 on a student visa, which was revoked in 2014.
The complaint charges Ammisetti with bank fraud, an offense that carries a maximum term of imprisonment of 30 years, and wire fraud, which carries a maximum term of imprisonment of 20 years.
U.S. Attorney Durham stressed that a criminal complaint is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by HSI with the assistance of the Mohegan Tribal Police. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Cincinnati Man Convicted of Conspiracy to Possess with Intent to Distribute Controlled SubstancesRead the Press Release
COVINGTON, Ky. – Trontez Mahaffey, a Cincinnati man, was convicted today by a federal jury in Covington for conspiring with Tyra Nelson, also from Cincinnati, and others, to possess with the intent to distribute marijuana and methamphetamine, which they transported in their luggage from Phoenix, Arizona to the Cincinnati/Northern Kentucky International Airport on September 8, 2017.
After slightly under one hour of deliberations following a three day trial, the jury convicted 23 year old Trontez Mahaffey of the conspiracy charge and two substantive charges of possession with the intent to distribute 80 pounds of marijuana and four pounds of crystal methamphetamine.
According to testimony at trial, Mahaffey and Nelson were drug couriers for a drug organization with connections in Evansville, Indiana and Phoenix, Arizona. They had made approximately five prior trips transporting controlled substances to the Cincinnati/Northern Kentucky International Airport from Phoenix, Arizona and paid approximately $1,500 each time. Tyra Nelson, age 21, was charged in the same indictment, and pleaded guilty prior to trial.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), and Shawn Ward, Chief, Airport Police Department jointly announced the conviction.
The investigation was conducted by the DEA and the Airport Police Department. The United States was represented by Assistant United States Attorney Laura K. Voorhees.
Mahaffey will appear for sentencing on March 9, 2019, and Nelson will appear for sentencing April 4, 2019. They each face a mandatory minimum sentence of ten years in prison due to the quantity of methamphetamine involved. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal statutes before imposing a sentence.
Charleston Man Pleads Guilty to Federal Drug ChargesRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart announced today that a Charleston man entered a guilty plea to four counts of distributing methamphetamine. Charles Washington-Robinson, 34, admitted that on four occasions in 2016 and 2017, he sold methamphetamine to a confidential informant. Each of the sales took place at or near the Charleston Town Center Mall.
Stuart commended the investigation conducted by the Special Enforcement Unit of the Charleston Police Department.
Washington-Robinson faces up to 20 years in prison on each of the four counts he pled guilty to when he is sentenced on June 19, 2019.
The case is being prosecuted by Assistant United States Attorney Matt Davis. United States District Judge David Faber presided over the plea hearing.
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###Bullhead Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Daniel Brown, age 28, was indicted on January 8, 2019. He appeared before Judge William D. Gerdes on January 10, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, on or about September 8, 2018, in Bullhead, Daniel Brown unlawfully killed another person by operating a motor vehicle recklessly, and while under the influence of alcohol and a controlled substance.
The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Brown was released on bond pending trial. A trial date has not been set.
Brevard County Man Pleads Guilty to Producing Child PornographyRead the Press Release
Orlando, Florida – Roberto Oquendo (37, Brevard County) today pleaded guilty to two counts of production of child pornography. He faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison on each count.
According to the plea agreement, on September 15, 2016, in Melbourne, Oquendo was the subject of a traffic stop. During the traffic stop, deputies from the Brevard County Sheriff’s Office received a tip that Oquendo possibly had child pornography in his possession. As a result, task force agents with the FBI and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations interviewed Oquendo. During the interview, Oquendo admitted that, for several years, he had used a cellphone to search for and view child pornography. Oquendo also disclosed that while residing in Brevard County, he had used a cellphone to take explicit photos of two female children in his custody.
Further investigation led to the seizure of several items of computer media from a place in Brevard County where Oquendo had resided. The computer media contained thousands of images and videos of the two young girls, who were toddlers at the time, as well as other children, engaged in sexually explicit conduct. Oquendo’s collection of child pornography contained depictions of infants, toddlers, and young children engaged in sexual activity, including sadistic 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations, and the Brevard County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Bradenton Man Pleads Guilty to Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – Esterbann Deneus (56, Bradenton) has pleaded guilty to conspiracy to commit theft of government funds and aggravated identity theft. He faces a maximum penalty of five years in federal prison. His sentencing date has not yet been set.
According to court documents and the facts presented at the plea hearing, Deneus was involved in a scheme to deposit tax refunds checks that the IRS had issued due to the filing of false and fraudulent income tax returns submitted in the names of various victim-taxpayers. Between October 2013 and July 2014, Deneus deposited a number third-party tax refund checks into a bank account that he controlled. The investigation revealed that the IRS received fraudulent tax returns resulting in the transmission of more than $84,000 in fraudulent income tax refund checks that were ultimately deposited into Deneus’s bank account. These third-party checks, made payable to victim-taxpayers who knew nothing of the refunds or the returns that had generated them, and who did not know Deneus, were also fraudulently endorsed with forged signatures of the payees.
This case was investigated by the Internal Revenue Service Criminal Investigation. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Box Elder Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gary Lewis Halfe, age 62, was sentenced on January 4, 2019, to 33 months in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Halfe, who is a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, knowingly failed to register and update his registration between December 2017 and February 2018.
This case was investigated by the U.S. Marshal Service. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Halfe was immediately turned over to the custody of the U.S. Marshals Service.
Athens County Farmer Pleads Guilty to Having Contaminated Calf Slaughtered for BeefRead the Press Release
CINCINNATI – Cory L. Gillette, 31, of Albany, Ohio, pleaded guilty in U.S. District Court to having a medicated calf slaughtered with the intention of selling it as beef for human consumption. The calf was contaminated with Gentamicin, which is not approved for use in cattle.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Field Office announced the plea entered into today before U.S. District Judge Timothy S. Black.
According to the statement of facts in this case, since 2009, Gillette has operated as a livestock dealer and hauler as the owner of Cory Gillette Farm in Athens County.
Gillette transported a calf from Southern Ohio to a slaughter facility in Addison, Ill., where it was intended to be sold as beef for human consumption. The calf was slaughtered and subject to random inspection. During that inspection, the calf tested positive for Gentamicin, an aminoglycoside antibiotic.
When an investigator from the FDA’s Office of Criminal Investigations interviewed Gillette about the contaminated calf, Gillette lied and said he purchased the calf at a livestock auction in Zanesville, Ohio. In fact, he had not purchased the calf there, and misled investigators in an attempt to impede their ability to trace the contamination back to its source.
“As part of his plea, Gillette admitted he often bought injured, ill and potentially medicated animals at a discounted price with the intention of selling the animals to slaughter facilities and maximizing his profit,” said U.S. Attorney Glassman.
“The FDA, in partnership with the USDA, is vigilant in keeping antibiotics and other residual animal drugs out of the human food supply in the United States by carefully monitoring food-producing animals,” said Special Agent in Charge McCormack. “We will continue to pursue and bring to justice those who put public health at risk by selling food-producing animals that do not meet federal standards.”
Gillette was charged by a bill of information in September 2018. He pleaded guilty to one count of introducing adulterated food into interstate commerce, a crime punishable by up to one year in prison, and one count of making false statements to federal agents, a crime punishable by up to five years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FDA’s Office of Criminal Investigations and Assistant United States Attorney Ebunoluwa A. Taiwo, who is representing the United States in this case.
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Arlington, Texas Man Pleads Guilty to Methamphetamine, Cocaine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jalen Jewaun Glass, age 24, of Arlington, Texas, entered a guilty plea to Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 and no more than 40 years imprisonment, up to a $5,000,000.00 fine, or both; Possession With Intent To Distribute Cocaine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 and no more than 40 years imprisonment, up to a $5,000,000.00 fine, or both; and to Possession With Intent To Distribute Cocaine Base, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B), punishable by not less than 5 and no more than 40 years imprisonment, up to a $5,000,000.00 fine, or both.
The Indictment alleged that on or about August 18, 2018, within the Eastern District of Oklahoma, defendant did knowingly and intentionally possess with intent to distribute 5 grams or more of methamphetamine (actual), a Schedule II controlled substance.
The Indictment further alleged that on or about August 18, 2018, within the Eastern District of Oklahoma, defendant did knowingly and intentionally possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance.
The Indictment further alleged that on or about August 18, 2018, within the Eastern District of Oklahoma, defendant did knowingly and intentionally possess with intent to distribute 28 grams or more of a mixture or substance containing a detectable amount of cocaine base, a Schedule II controlled substance.
The charges arose from an investigation by the McAlester Police Department, the District 18 Drug and Violent Crimes Task Force, and the Drug Enforcement Administration.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Clay Compton represented the United States.
Akron man indicted for having fentanyl and cocaineRead the Press Release
An Akron man was indicted in federal court for having fentanyl and cocaine.
Lexington Jacobs, 24, was indicted on one count of possession with intent to distribute cocaine and one count of possession with intent to distribute fentnaly.
Jacobs had the drugs on December 9, 2018, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the Akron Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Peter E. Daly.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Albuquerque Woman Sentenced to 36 Months in Prison for Methamphetamine TraffickingRead the Press Release
ALBUQUERQUE – Cordelia Louisa Espinosa, 52, of Albuquerque, N.M., was sentenced in federal court today to 36 months in prison for conspiracy and distribution of at least 50 grams of methamphetamine.
According to court documents, Espinosa participated in a methamphetamine trafficking conspiracy from the beginning of April 2015 to February 9, 2017. As part of the conspiracy, she participated in a drug transaction in Albuquerque on December 7, 2016. Espinosa gave a gift bag containing approximately 553 grams of methamphetamine to another drug trafficker, who then gave the bag to an undercover law enforcement officer posing as a drug purchaser. On February 9, 2017, Espinosa participated further in the conspiracy by coordinating a drug transaction by telephone involving more than 14 kilograms of methamphetamine.
The indictment against Espinosa also charged three co-defendants. On January 3, 2019, Hector Hugo Magana, 35, of Redwood City, California, received a sentence of 70 months in prison after pleading guilty to distribution of 500 grams or more of methamphetamine.
On July 3, 2018, Efrain Espinoza-Pena, 45, of Mexico, pleaded guilty to conspiracy, distribution of at least 50 grams of methamphetamine, and possession with intent to distribute at least 50 grams of methamphetamine. On September 13, 2018, Edgar Madrid-Rascon, 33, of Mexico, pleaded guilty to distribution of 500 grams or more of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. Both of these co-defendants are awaiting sentencing.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case with assistance from the Drug Enforcement Administration, the New Mexico State Police, and Immigration and Customs Enforcement. Assistant U.S. Attorneys Paul J. Mysliwiec and David Cowen prosecuted the case.
Albuquerque Woman Sentenced to 24 Months in PrisonRead the Press Release
ALBUQUERQUE – Jackie Herron, 25, of Albuquerque, N.M., was sentenced in federal court today to 24 months in prison on three counts of assault on a federal employee involving the use of a deadly weapon.
According to court documents, Herron was involved in a confrontation with postal service workers in a gated, restricted parking lot for employees only. When postal workers told her to leave, she revved the engine of her automobile and threatened to run them over. When one of the postal workers went behind her car to take photographs of Herron’s license plate, she pulled out a gun and pointed it at them in a threatening manner.
The Albuquerque office of the United States Postal Inspection Service investigated the case. Assistant U.S. Attorneys Paul J. Mysliwiec and Eva Mae Fontanez prosecuted the case.
Tuesday 29 January 2019
Wounded Knee Man Sentenced in Death of InfantRead the Press Release
United States Attorney Ron Parsons announced that a Wounded Knee, South Dakota, man convicted of Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darwin Wade Red Cloud, a/k/a Darwin Raisch, age 26, was sentenced on January 3, 2019, to 4 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Red Cloud was charged on October 12, 2015. The conviction stems from Red Cloud knowingly failing to provide sufficient sustenance to an infant, which resulted in the baby’s death, between August and October 2014 at Wounded Knee.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorneys Sarah B. Collins and Ben Patterson prosecuted the case.
Red Cloud was immediately remanded to the custody of the U.S. Marshals Service.
Westerly Resident Sentenced to 87 Months in Prison on Child Pornography ChargesRead the Press Release
PROVIDENCE – A Westerly man who admitted to exchanging sexually explicit images involving minors with others online and to sending sexually explicit images to minors via social media applications has been sentenced to 87 months in federal prison.
At sentencing on January 10, 2019, Jonathan Breslin, 33, was also ordered by U.S. District Court Judge John J. McConnell, Jr., to serve 10 years supervised release upon completion of his term of incarceration. Breslin pleaded guilty on October 10, 2018, to possession of child pornography, transferring obscene material to a minor, and two counts of receipt and distribution of child pornography.
Breslin’s sentenced is announced by United States Attorney Aaron L. Weisman, Special Agent in Charge of Homeland Security Investigations Peter C. Fitzhugh, Lieutenant Colonel Kevin M. Barry, Acting Superintendent of the Rhode Island State Police, Westerly Police Chief Shawn M. Lacey, and Warwick Police Chief Rick Rathbun.
According to court documents, Homeland Security Investigations learned from a Canadian law enforcement agency of 78 unique users who shared and/or communicated about child pornography on a social media application. Through further investigation, Homeland Security Investigations identified one of the IP addresses as belonging to Jonathan Breslin. The investigation into Breslin’s online activities revealed a series of sexually explicit discussions about creating, distributing and the viewing of child pornography.
As part of the investigation, a Homeland Security Investigations agent, posing as an individual interested in child pornography, engaged Breslin in a series of communications. During the exchanges, Breslin discussed viewing, possessing and the attempted production of child pornography.
Additionally, the investigation determined that Breslin transferred obscene material online to a person under the age of 16 and attempted to entice minors to engage in illicit sexual activity on social media applications.
On August 9, 2017, the date of Breslin’s arrest, a court-authorized search of Breslin’s residence by agents from Homeland Security Investigations, the Rhode Island State Police Internet Crimes Against Children Task Force, and members of the Westerly and Warwick Police Departments resulted in the seizure of a computer, a digital media storage device and a cell phone, all containing child pornography. A forensic audit of the electronic devices revealed at least 275 images and 46 videos containing child pornography.
The case was prosecuted by Assistant U.S. Attorney John P. McAdams.
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West Monroe felon pleads guilty to possessing pistolRead the Press Release
MONROE, La. – United States Attorney David C. Joseph announced that a West Monroe felon pleaded guilty on January 17, 2019 to unlawfully possessing a pistol.
Michael Holder, 41, of West Monroe, Louisiana, pleaded guilty before U.S. District Judge Terry Doughty, to one count of felon in possession of a firearm. According to the guilty plea, an officer with the Ouachita Parish Task Force conducted a traffic stop on Holder’s vehicle June 9, 2017. The officer discovered that Holder had a warrant from the Ouachita Parish Sheriff’s Office and asked Holder to exit the vehicle. Holder told the officer he was sitting on a BB gun. Instead of a BB gun, it turned out to be a loaded Glock, Model 17, 9mm-caliber pistol. The officer also found a glass smoking pipe with suspected methamphetamine in Holder’s back pocket.
Holder faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for May 15 2019.
The ATF and the Ouachita Parish Task Force conducted the investigation. Assistant U.S. Attorney J. Aaron Crawford is prosecuting the case.
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.
WellBound of Memphis will pay $3,246,000 to the United States and the State of Tennessee for services rendered to patients at its Memphis facility that were in violation of the Anti-Kickback statuteRead the Press Release
Memphis, TN – WellBound of Memphis will pay $3,246,000 to the United States and the State of Tennessee to resolve allegations of false claims to Medicare, Tricare and Tenncare for services rendered to home dialysis patients at its Memphis facility. D. Michael Dunavant, United States Attorney for the Western District of Tennessee announced today.
The Complaint alleged that from 2016 to 2018,WellBound of Memphis presented claims to Medicare, Tricare and Tenncare that were false in part due to illegal inducements paid by WellBound to physicians associated with its clinic. Under federal and state law, Medicare, Tricare and Tenncare will not pay for services associated with physician referrals that are in violation of the Anti-Kickback statute.
The allegations resolved in this settlement were first raised in a lawsuit filed against WellBound and others under the qui tam provisions of the False Claims Act, which permits parties to sue on behalf of the government for the submission of false claims and share in the recovery. The False Claims Act, 31 U.S.C. §§ 3729-3733, provides the United States with a cause of action against any person or entity that knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval.
The case was captioned United States of America and the State of Tennessee ex rel. Dr. L. Darryl Quarles v. Satellite Healthcare, Inc., UT Medical Group, Inc., and WellBound of Memphis, LLC, No. 16-2733-JTF (W.D.Tenn.).
"Protecting the health and safety of Medicare patients is one of our primary concerns," When medical providers break the law by defrauding the government by providing illegal inducements in violation of the Anti-Kickback statute, wewill use our resources to combat this fraud and hold them accountable," said D. Michael Dunavant, United States Attorney for the Western District of Tennessee.
"When physicians receive financial incentives in exchange for patient referrals, it distorts medical decision-making and freezes out competition," said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. "This settlement sends a strong message that Medicare and Medicaid patients are not for sale."
This investigation was conducted by the United States Department of Health and Human Services Office of the Inspector General, the Tennessee Bureau of Investigation and the Tennessee State Attorney General’s Office.
Assistant United States Attorneys Stuart J. Canale and Matt Waldrop and Philip Bangle, Counsel for the Tennessee Attorney General prosecuted this case on the government’s behalf.
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Vivian woman sentenced to 10 years for distribution of methamphetamine in ShreveportRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced today that a woman living in Vivian was sentenced on January 22, 2019 to 10 years in prison for distribution of methamphetamine in Shreveport.
Miranda Sierra, 42, of Vivian, Louisiana, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of possession with intent to distribute methamphetamine. She was also sentenced to 33 months of supervised release. According to the June 7, 2018 guilty plea, law enforcement agents conducted a controlled purchase of methamphetamine from Sierra on March 8, 2017, in Shreveport. She met the buyer at a gas station and sold 12.5 grams of methamphetamine. She told the buyer that she would soon travel to California to obtain more methamphetamine for the purpose of selling.
The DEA investigated the case. Assistant U.S. Attorney Allison D. Bushnell prosecuted the case.
Update on U.S. Attorney’s Office Operations During Government ShutdownRead the Press Release
ALEXANDRIA, Va. – A message from U.S. Attorney G. Zachary Terwilliger regarding the efforts of the U.S. Attorney’s Office for Eastern District of Virginia (EDVA) during the recent government shutdown:
“I am extremely proud of our team here in EDVA for their outstanding efforts during the government shutdown,” said Terwilliger. “Their fortitude, perseverance, and complete dedication to public service and our mission of public safety is inspiring. Over the past weeks our criminal prosecutors and civil litigators continued to forge ahead with their important work, as evidenced by the cases highlighted below. They successfully secured convictions, argued sentencings, and achieved civil settlements. They, along with our support staff and federal, state and local law enforcement partners, have my sincere thanks and admiration for all they do to keep our communities safe here in EDVA.”
Below are headlines of several noteworthy cases that occurred during the government shutdown. For more information on a particular case, please click the link for the full press release on our website.
Noteworthy Cases
January 4: Multi-Kilogram Drug Trafficker from Mexico Sentenced to Prison
January 7: U.S. Postal Service Mail Carrier Sentenced to Prison for Bribery
January 7: Navy Officer Sentenced to Prison for $2.7 Million Fraud Scheme
January 7: Man Pleads Guilty to Armed Bank Robbery and Multiple Bomb Hoaxes
January 9: Owner of Seafood Company Sentenced to Prison for Blue Crab Scam
January 10: Nine-Time Felon Sentenced to Prison for Possessing a Firearm
January 14: Woman Sentenced to Prison for Possessing Ricin
January 15: Jury Convicts Two Cousins of Armed Bank Robbery
January 17: Romanian Man Sentenced for ATM Scam and ID Theft
January 18: Former State Department Employee Sentenced to Prison for Student Loan Fraud
January 18: Medical Company Executive Sentenced for Smuggling $18 Million in Misbranded Pharmaceuticals into United States
January 18: Mexican National Sentenced for Multi-Kilogram International Drug Trafficking Conspiracy
January 18: Woman Sentenced to 15 Years for $5 Million Fraud
January 22: Felon Sentenced for Illegally Reentering the United States
January 24: Man Sentenced to Life for Attempted Sex Trafficking of a Child
January 25: Man Sentenced to Prison for Four Bank Robberies
January 25: Moroccan Man Sentenced to Prison for Assault on Federal Officers
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.
U.S. Attorney’s Office Welcomes 15 New Assistant U.S. AttorneysRead the Press Release
KNOXVILLE, Tenn. – On Friday, January 25, 2019, the Honorable Thomas A. Varlan, Chief U.S. District Judge, formally administered the oath of office to 15 new Assistant U.S. Attorneys (AUSAs) for the Eastern District of Tennessee. U.S. Attorney J. Douglas Overbey introduced the new AUSAs with a short background before moving the court to administer the oath of office to each of them. The new AUSAs will serve in the Knoxville headquarters office as well as the Chattanooga and Greeneville branch offices and include the following:
AUSA Casey Arrowood joined the Knoxville office where he will handle general crimes and national security matters. Prior to coming to the Eastern District of Tennessee, he served as an AUSA in the Western District of North Carolina and a trial attorney in the National Security Division at the U.S. Department of Justice in Washington, DC. He also previously served as a law clerk in the Eastern District of New York and U.S. Court of Appeals for the Sixth Circuit. Before attending law school, he was an artillery officer in the U.S. Army, serving tours in Kosovo and Afghanistan. Arrowood received his undergraduate degree from the University of North Carolina at Chapel Hill and his law degree from Georgetown University Law Center.
AUSA Kevin Brown joined the Chattanooga office as a Special AUSA working in the Violent Crimes Unit to prosecute firearms, drug and gang related offenses. He comes to the U.S. Attorney’s Office via the Chattanooga Police Department, where he serves as a Special Assistant City Attorney. Prior to joining the U.S. Attorney’s Office, Brown was an Assistant District Attorney in the 11th Judicial District of Tennessee, where he prosecuted violent crimes and served as Criminal Court Division Supervisor.
AUSA Frank Clark joined the Chattanooga office to prosecute violent crimes and narcotics offenses. He was a prosecutor for 13 years, first in his home state of Mississippi, and then in Gwinnett County, Georgia. He has a law degree from Ole Miss and an undergraduate degree from Mississippi College. Just prior to joining the U.S. Attorney’s Office, Clark worked at a law firm practicing civil defense litigation.
AUSA Joe DeGaetano joined the Chattanooga office where he will handle violent crime and narcotics prosecutions. He has an undergraduate degree from Vanderbilt University and a law degree from the University of Georgia. After clerking for a judge on the Eleventh Circuit in Atlanta, he worked for a large law firm in Nashville and Chattanooga. He then joined a small firm in Chattanooga and finally was a solo practitioner for around 10 years. Most recently, he was a personal injury lawyer for 17 years and additionally defended federal criminal defendants through the CJA Panel.
AUSA Margaret Harker joined the ACE team in the civil division of the Knoxville office. She transferred from the Eastern District of Virginia where she practiced defensive litigation as a civil AUSA. Prior to becoming an AUSA, she served as a law clerk in the U.S. District Court for the Eastern District of Virginia and the Virginia Court of Appeals. She also interned for the Fourth Circuit Court in Virginia and Virginia Supreme Court. Margaret received her law degree from the University of Richmond, School of Law and her undergraduate degree in political science, Asian studies, and studio art, from Santa Clara University. She also studied at the University of International Business and Economics in Beijing, China.
AUSA TJ Harker joined the Greeneville office to prosecute white-collar crime, with a focus on complex health care fraud. Prior to coming to the Greeneville office, he service five years as a Deputy Attorney General for the State of New Jersey, Division of Criminal Justice, where he led New Jersey’s Commercial Bribery Task Force. Before that, he was in private practice in New York. He received his law degree from the University of Michigan Law School.
AUSA Brent Jones joined the Knoxville office to prosecute drug cases as part of the Department of Justice’s Operation Synthetic Opioid Surge. A native of Tennessee, Jones received his undergraduate degree from the University of Tennessee, Knoxville, and his law degree from the Cumberland School of Law at Samford University in Birmingham, Alabama. He joined the U.S. Air Force JAG Corps, where he served in various positions for over 11 years, and remains in the Air Force in a reserve capacity, stationed out of Joint Base Andrews, Maryland.
AUSA Alan Kirk joined the Knoxville office to concentrate on violent crime and narcotics prosecutions. A native of Birmingham, Alabama, he received an undergraduate degree from Auburn University and law degree from the Cumberland School of Law. Kirk joined the U.S. Army Judge Advocate General’s Corp and was most recently stationed at Fort Jackson in South Carolina.
AUSA Todd Martin joined the Greeneville office to prosecute violent crime offenders. He graduated from New River Community College and East Tennessee State University before attending law school at the University of Memphis. He also completed his Master of Laws at Boston University. Prior to becoming an attorney, he served as a deputy sheriff and medic for the Bristol, Virginia, Sheriff’s Office, a patrol officer with the Bristol, Tennessee, Police Department, and a reserve deputy sheriff with the Shelby County Sheriff’s Office. After this, Martin was appointed as an Assistant District Attorney for the Second Judicial District of Tennessee. During that time, he joined the U.S. Army Reserves as a Judge Advocate. Prior to joining the U.S. Attorney’s Office, he served as a Firearms, Explosives and Arson Attorney with the Bureau of Alcohol, Tobacco, Firearms and Explosives for 12 years.
AUSA Tom McCauley currently serves as a Special AUSA in the Greeneville office, responsible for violent crime cases in Johnson City. He is a graduate of the Duncan School of Law in Knoxville, Tennessee. Prior to becoming a Special AUSA, McCauley was an Assistant Public Defender in the Fourth Judicial District. His experience before and during law school includes serving as a patrol officer, detective, DEA Task Force Agent, narcotics investigator, SWAT sniper, and firearms instructor. He has also served as a POST certified instructor at the Regional Law Enforcement Academy in Greeneville, Tennessee, and the Advanced Undercover Operative Coarse at the Regional Counterdrug Training Academy in Meridian, Mississippi.
AUSA Gretchen Mohr joined the Monetary Recovery Unit in the Knoxville office to work on asset forfeiture and financial matters. She graduated from Middle Tennessee State University and received a law degree from New York Law School in New York City. After law school, she served as a law clerk for the New York Supreme Court. Most recently, she spent five years prosecuting street and violent crime for the Manhattan District Attorney’s Office.
AUSA Andrew Parker joined the Greeneville office to prosecute violent crime offenses. Parker is from the Tampa Bay area of Florida, where he was a state prosecutor for six years. He is a graduate of the College of Charleston and Florida Coastal School of Law.
AUSA Kevin Quencer joined the Organized Crime Drug Enforcement Task Force Unit in the Knoxville office. He earned his undergraduate degree from Dartmouth and his law degree from Washington and Lee. After law school, Kevin served as an officer in the U.S. Navy Judge Advocate General’s Corps for five years, on active duty, as a trial attorney and appellate law clerk. Remaining a Lieutenant Commander in the U.S. Navy Reserves, he resigned his active duty commission to join the U.S. Attorney’s Office for the Southern District of Florida in his native Miami, Florida. There he focused on prosecuting international drug traffickers in South America and the Caribbean as well as members of a designated Foreign Terrorist Organization, the FARC, operating in the jungles of Colombia.
AUSA Joe Rodriguez joined the Affirmative Civil Enforcement Unit in the Knoxville office. He has a bachelor’s degree in political science from St. Edward’s University in Austin, Texas. He attended law school at Indiana University in Bloomington, Indiana, where he served on the law journal, moot court board, and was treasurer of the Latino Law Student Association. After graduating from law school, he worked as a civil litigation associate with a law firm in Columbus, Ohio, before becoming an AUSA in the Western District of Texas in San Antonio. In addition to maintaining a caseload of mostly civil defensive litigation, he served as a Deputy Civil Chief for the Western District of Texas, supervising all defensive litigation in San Antonio, Austin, and elsewhere throughout the district.
AUSA Brian Samuelson joined the Appellate Unit in the Knoxville office. He received his undergraduate degree from the University of Wisconsin and his law degree from Harvard Law School. After law school, he clerked for the Alaska Supreme Court and the Ninth Circuit Court of Appeals. He most recently was with a law firm in Portland, Oregon.
“It is with pride and pleasure that I welcome each of these individuals as part of the team of experienced and dedicated attorneys in the U.S. Attorney’s Office for the Eastern District of Tennessee,” said U.S. Attorney J. Douglas Overbey.
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U-Haul and Employee Plead Guilty to Felony Violations of the Hazardous Materials RegulationsRead the Press Release
PHILADELPHIA – First Assistant United States Attorney Jennifer Arbittier Williams today announced that U-Haul Company of Pennsylvania and Miguel Rivera, the general manager of U-Haul’s Hunting Park location, pled guilty today to two felony counts of violating hazardous materials regulations.
In July 2014, a propane cylinder attached to a food truck exploded in Philadelphia, killing two people and injuring others. A subsequent investigation revealed that U-Haul Company of Pennsylvania had willfully and recklessly allowed untrained workers to handle propane, a hazardous material, in violation of its statutory obligations. Miguel Rivera aided and abetted the company's violations. As the manager, Rivera was fully trained and certified to handle propane, yet he requested or required the untrained employees to fill propane cylinders for customers, knowing that they had not completed (or even started) training. Over a three-week period seen in surveillance footage, untrained workers filled propane cylinders more than 60 times, in violation of the law and U-Haul Company of Pennsylvania's own policy.
“The hazardous materials regulations exist to protect public safety, and today’s guilty pleas are an important step towards ensuring compliance with those protocols,” said First Assistant U.S. Attorney Williams. “We hope that these guilty pleas afford the victims in this tragedy some measure of closure to this long and difficult chapter in their lives.”
The case was investigated by the Department of Transportation Office of Inspector General, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Philadelphia Police and the Philadelphia Fire Department. It is being prosecuted by Assistant United States Attorney Elizabeth Abrams.
Two South Texas Doctors Sentenced to Prison for Roles in Separate Multi-Million Dollar Medicare Fraud SchemesRead the Press Release
Two Houston, Texas physicians were sentenced to 25 and three-year prison terms for their roles in separate schemes to defraud Medicare out of payments for medical services.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan Patrick of the Southern District of Texas, Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office, Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Dallas Region and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) made the announcement.
US v. Ramirez S.D.T.X. Docket No. 16-cr-00258
John P. Ramirez, 65, of Houston, Texas, a physician, was sentenced to serve 25 years in prison followed by three years of supervised release by U.S. District Judge David Hittner of the Southern District of Texas. Judge Hittner also ordered the defendant to pay $26,729,041.39 in restitution. John Ramirez was convicted at trial in the Southern District of Texas along with his co-defendants Ann Shepherd and Yvette Nwoko.
According to evidence presented at trial, from in or around December 2011 to in or around August 2015, John Ramirez and his co-defendants conspired and schemed to defraud Medicare out of payments for medical services. Co-defendant Ann Shepherd owned and operated Southwest Total Medical Inc., a purported medical clinic doing business as Amex Medical Clinic in Houston. Shepherd, along with Nwoko, sold medical orders and other documents Dr. Ramirez signed to home-health agencies in and around Houston. Dr. Ramirez falsely certified in these medical orders information about the patient’s medical condition and need for medical services. Co-conspirators at home-health agencies then used the false and fraudulent paperwork signed by Dr. Ramirez and sold by Ann Shepherd and Yvette Nwoko to bill to, and receive payment from, Medicare for medical services that were not medically necessary or not provided.
In all, Dr. Ramirez and his co-defendants caused Medicare to pay approximately $17 million on false and fraudulent claims submitted during the charged conspiracy.
Ann Shepherd, 62, of Houston, Texas was also sentenced to 30 years in prison on Jan. 24, by the Honorable David Hittner. Judge Hittner also ordered Shepherd to pay $20.928 million in restitution and to forfeit $250,000. Nwoko will be sentenced on April 18.
U.S. v. Do S.D.T.X. Docket No. 17-cr-00417
Anh Do, M.D., 78, of Houston, Texas was sentenced to serve 36 months in prison followed by three years of supervised release by U.S. District Judge Andrew Hanen of the Southern District of Texas. Judge Hanen also ordered the defendant to pay $1,875,219.00 in restitution and to forfeit $274,213.46. Do pleaded guilty to one count of conspiracy to commit healthcare fraud on Aug. 28, 2018.
As part of his guilty plea, Do admitted to fraudulently signing Plans of Care and other medical documents that falsely and fraudulently certified and re-certified patients for home-health services. Do and his co-conspirators made it appear as if patients qualified for and received home-health services under Medicare when those services were not medically necessary, not provided or both. Medicare paid approximately $10 million on claims for home-health services in which Do was listed as the patient’s attending physician.
Do and his co-conspirators also billed Medicare for diagnostic tests that they knew were not medically necessary, not provided or both. Do and his co-conspirators falsely and fraudulently signed medical documents to make it appear as if the patients both needed and received the diagnostic tests. Medicare paid approximately $2 million on claims for these diagnostic tests.
The FBI, HHS-OIG and the Texas Attorney General’s MFCU conducted both investigations. Trial Attorney Scott Armstrong of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tina Ansari of the Southern District of Texas are prosecuting the Ramirez case. Trial Attorneys Devon Helfmeyer, Scott Armstrong and Drew Pennebaker of the Criminal Division’s Fraud Section are prosecuting the Do case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. 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.
Two Hondurans Sentenced to Prison for Scheme to Facilitate Employment of Undocumented Aliens in Construction Industry and to Evade Payroll TaxesRead the Press Release
Jacksonville, Florida – United States District Judge Brian J. Davis has sentenced Fanny Melina Zelaya-Mendez (39, Jacksonville) and Roger Omar Zelaya-Mendez (34, Jacksonville) to federal prison terms for crimes arising out of a scheme to facilitate the employment of undocumented aliens in the construction industry and to evade state and federal payroll taxes and workers’ compensation laws.
Fanny Zelaya-Mendez was sentenced to four years in federal prison for three counts of conspiracy to commit wire fraud, one count of conspiracy to defraud the IRS, and one count of aggravated identity theft. Roger Zelaya-Mendez was sentenced to two years in prison for one count of conspiracy to commit wire fraud and one count of conspiracy to defraud the IRS. The court ordered the Zelaya-Mendezes to forfeit $399,776.43 and two vehicles, all of which was seized during the investigation. The court also ordered them to forfeit a total of $1,033,485 in proceeds from the wire fraud offenses and to pay restitution to the IRS for a tax loss totaling $6,536,796. The Zelaya-Mendezes, who are siblings, are Honduran citizens unlawfully present in the United States. They had previously pleaded guilty to the offenses.
According to court documents, the fraudulent scheme involved the Zelaya-Mendezes establishing shell companies for which they obtained minimal workers’ compensation insurance covering only a few employees. They then entered into agreements with numerous construction contractors to provide hundreds of workers, most of whom were undocumented aliens, for the contractors’ projects.
The contractors wrote payroll checks to the shell companies for the work performed by the workers. The Zelaya-Mendezes cashed the checks, kept 4% as a fee, and distributed the remaining cash to work crew leaders, who then paid the workers in cash. By obtaining and paying the workers through the shell companies, the contractors could disclaim responsibility for ensuring that the workers were legally authorized to work in the United States, that adequate workers’ compensation insurance was provided, and that required payroll taxes were paid.
Between June 2016 and April 2018, a total of $25,837,141 of payroll passed through the shell companies and the Zelaya-Mendezes’s 4% fee totaled $1,033,485. The premiums for a workers’ compensation insurance policy covering hundreds of workers and a payroll of $25,837,141 would have been approximately $6.6 million. Neither the Zelaya-Mendezes nor the contractors remitted payroll taxes to the IRS. According to the IRS, the estimated payroll taxes due on total wages of $25,837,141 is $6,536,796.
When Fanny Melina Zelaya-Mendez was arrested on May 4, 2018, she gave a false name to an immigration officer and claimed to be a U.S. citizen who had been born in Puerto Rico. She also presented a valid Florida Identification Card she had obtained in the false name. Subsequent investigation revealed that the identity she had adopted was for a real U.S. citizen who was born in Puerto Rico and that she had obtained the Florida ID card using a genuine Puerto Rico birth certificate and a genuine Social Security card.
“These sentences should remind anyone who circumvents our nation’s immigration laws and exploits the financial industry that they will be held accountable,” said HSI Tampa Special Agent in Charge James C. Spero.
“Today’s sentences should send a message to those involved in the business of evading employment taxes,” said Special Agent in Charge Mary Hammond of the IRS Criminal Investigation, Tampa Field Office. “Let this be a warning to all that law enforcement will not allow construction contractors to gain an unfair advantage by breaking the law.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Three Arrested in Jamestown Meth RingRead 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 Mark R. Maio, 34, Brittany L. Dellahoy, 28, both of East Randolph, NY, and Brandon Smith, 32, were arrested and charged by criminal complaint with conspiracy to possess with intent to distribute, and to distribute, methamphetamine and cocaine, and maintaining a drug involved premises. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, since March 2018, the Jamestown Police Department Narcotics Unit has been investigating defendants Maio and Smith for distributing methamphetamine in and around the City of Jamestown, NY. During the course of the investigation, the narcotics unit conducted controlled purchases of narcotics from defendant Maio. Maio and Smith have been arrested by Jamestown Police on multiple occasions for violations of New York State Penal Law relating to the sale and possession of methamphetamine.
On January 24, 2019, the Southern Tier Regional Drug Task Force executed a state search warrant at the Main Street residence of defendants Maio and Dellahoy. During the search, Maio and defendant Smith were present in the residence. As officers executed the search, Smith attempted to leave but was detained. Officers searched Smith and recovered quantities of crystal methamphetamine and marijuana. Maio and Dellahoy were also searched. Officers recovered crack cocaine and a large amount of cash from Maio.
During the search of the residence, officers recovered more marijuana and crystal methamphetamine, as well as a digital scale, and other drug packaging and paraphernalia.
The defendants made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder and are being held pending a detention hearing on February 1, 2019.
The complaint is the result of an investigation by the Jamestown Police Department, under the direction of Chief Harry Snellings; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; 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.
Tax Preparer SentencedRead the Press Release
KANSAS CITY, KAN. – A tax preparer in Kansas City, Kan., was sentenced Tuesday to six months in custody and six months in home confinement for preparing tax returns containing false information, U.S. Attorney Stephen McAllister said.
Shermaine C. Canady, 44, Kansas City, Kan., pleaded guilty to one count of filing false income tax returns. In her plea, she agreed to pay $158,167 in restitution to the government.
Canady admitted that in one instance she prepared a return for a client containing false information in order to claim a $5,187 Earned Income Tax Credit and a Child Tax Credit of $1,000.
McAllister commended the Internal Revenue Service and Assistant U.S. Attorney Chris Oakley for their work on the case.
St. Francis Woman Charged with Involuntary Manslaughter and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter and Child Abuse.
Chelsea Okiya Wi Nixon, age 22, was indicted on December 11, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 18, 2018, Nixon unlawfully killed another human being, a minor child, by asphyxiating the child in a grossly negligent manner. The Indictment further alleges that Nixon did abuse, expose, torture, torment, and cruelly punish the minor child.
The charges are merely accusations and Nixon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Nixon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Southeastern Connecticut Heroin Trafficker Sentenced to 12 Years in Federal PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MICHAEL LUCIANO, 33, of New London, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 144 months of imprisonment, followed by five years of supervised release, for trafficking heroin.
According to court documents and statements made in court, this matter stems from an investigation that began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January 2016. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, revealed that Luciano regularly obtained large quantities of heroin from sources in Rhode Island and Massachusetts and distributed the drug through a network of street-level dealers in southeastern Connecticut.
Luciano has been detained since his arrest on November 14, 2017. On December 12, 2017, a grand jury in Hartford returned a 25-count superseding indictment charging Luciano and 20 other individuals with various heroin trafficking offenses. On June 27, 2018, Luciano pleaded guilty to one count of conspiracy to possess with intent to distribute one kilogram or more of heroin.
Luciano’s criminal history includes a federal conviction in the District of Rhode Island for possession with intent to distribute heroin. In September 2010, he was sentenced to 18 months of imprisonment for that offense.
This matter is being investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Jocelyn Courtney Kaoutzanis.
Sioux Falls Man Sentenced for Tax FraudRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of 25 counts of False Claims, and 5 counts of Wire Fraud, was sentenced on January 4, 2019, by U.S. District Judge Karen E. Schreier.
Jacques Eviglo, d/b/a Global Income Tax Services, age 37, was sentenced to 60 months in federal prison for Counts 1 through 25, 108 months in federal prison for Counts 26 through 30, all to be served concurrently, followed by 2 years of supervised release, restitution in the amount of $2,543,286.41, and a special assessment to the Federal Crime Victims Fund in the amount of $3,000.
Eviglo was indicted by a federal grand jury on January 23, 2018.
The conviction stemmed from incidents between February 21, 2015, and March 14, 2017, when Eviglo, doing business as Global Income Tax Services located in Sioux Falls, prepared and electronically filed federal income tax returns for clients. Eviglo claimed large, false itemized deductions on hundreds of those returns. These false deductions were used to lower the federal tax liability on the returns and falsely inflate the refund amounts. The clients did not provide Eviglo with the false information he submitted to the United States government.
Eviglo then utilized a third party company as an intermediary to receive and disburse his clients’ federal income tax refund payments instead of having the payments directly deposited into his clients’ bank accounts. Unbeknownst to his clients, Eviglo skimmed additional “fees” from those refund payments. Eviglo kept the skimmed portion for himself. The total amount Eviglo skimmed exceeded $800,000 over a four-year period of time.
This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Ann M. Hoffman and Criminal Division Deputy Chief John E. Haak prosecuted the case.
Eviglo was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 20, 2018, by U.S. District Judge Karen E. Schreier.
Khio Khaoon, age 54, was sentenced to 12 months and 1 day in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Khaoon was indicted by a federal grand jury on April 4, 2018. He pled guilty on September 28, 2018.
The conviction stemmed from an incident on September 29, 2017, when law enforcement executed a search warrant at Khaoon’s residence and found a Harrington & Richardson .32 double-action revolver, a Stevens-Springfield .22 caliber Rifle, and 225 rounds of ammunition. Khaoon was prohibited from possessing the guns because he had previously been convicted of a serious misdemeanor in 2003 for carrying weapons and possession of amphetamine, as well as in 2009 for felony possession of a controlled substance.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Sioux Falls Police Department, the South Dakota Department of Game, Fish & Parks, and the federal Bureau of Alcohol, Tobacco, Explosives, and Firearms. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Khaoon was immediately turned over to the custody of the U.S. Marshals Service.
Shreveport felon pleads guilty to lying on an application to buy a firearmRead the Press Release
SHREVEPORT, La. – United States Attorney David C. Joseph announced that a Shreveport felon pleaded guilty on January 15, 2019 to lying on an application to buy a firearm at a pawnshop.
Jacory Dejuan Robinson, 23, of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of providing a false statement to a firearm dealer. According to the guilty plea, Robinson filled out paperwork on March 28, 2018 at a Shreveport pawnshop to purchase a handgun. He marked “no” in the box asking if he had ever been convicted of misdemeanor domestic violence, even though he had previously pleaded guilty on May 2, 2017 to one count of misdemeanor simple battery of his girlfriend in Greenwood, Louisiana.
Robinson faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set the sentencing date for May 1, 2019.
The ATF conducted the investigation. Assistant U.S. Attorney Aaron J. Crawford is prosecuting the case.
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.
Rumford Man Sentenced to 3 Years of Probation for Social Security Fraud and Theft of Public MoneyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Raymond Brenneis, 59, of Rumford, Maine, was sentenced yesterday in U.S. District Court by Judge D. Brock Hornby to three years of probation for Social Security fraud and theft of public money. He was also ordered to pay $51,289 in restitution to the Social Security Administration (“SSA”), and $2,376 in restitution to the Maine Department of Health & Human Services (“ME/DHHS”).
According to Court records, from July 1995 to present, Brenneis received Supplemental Security Income (“SSI”) benefits, which are paid to people with limited income who are blind, disabled or elderly. From April 2015 through January 2017, Brenneis also received Supplemental Nutritional Assistance Program (“SNAP”) benefits and Maine State SSI Supplement benefits. From February 2011 through January 2017, Brenneis lived with his wife whose receipt of Social Security Disability Insurance (“SSDI”) benefits rendered him ineligible for the benefits he received during that period. Brenneis falsely represented to the SSA and ME/DHHS that he was living alone and not receiving help or money from any other person during this time. Brenneis later admitted to agents that he concealed his living situation from SSA and ME/DHHS because he knew his wife’s benefits would make him ineligible to receive SSI, SNAP benefits, and other state assistance.
The investigation was conducted by SSA, Office of the Inspector General, as well as ME/DHHS, Fraud Investigation & Recovery Unit.
Rosebud Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Child Abuse was sentenced on January 3, 2019, by U.S. District Judge Roberto A. Lange.
Maria Big Crow, age 26, was sentenced to 14 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Big Crow was indicted by a federal grand jury on June 12, 2018. She pled guilty on October 18, 2018.
The conviction stemmed from an incident that occurred on October 22, 2017, near Rosebud. After consuming multiple alcoholic beverages, Big Crow and several passengers, including two small children, departed their location in a vehicle operated by Big Crow. Big Crow lost control of the vehicle, after drifting onto the shoulder and overcorrecting, causing the vehicle to leave the roadway and roll. One of the children was seriously injured in the wreck.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Big Crow was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on January 22, 2019, by U.S. District Judge Roberto A. Lange.
Ervin Burning Breast, Jr., age 23, was sentenced to 41 months in federal prison, followed by 2 years of supervised release. Burning Breast was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
The conviction stemmed from an incident that occurred in Rosebud on July 2, 2017, wherein Burning Breast assaulted another man with brass knuckles. The victim suffered serious injuries, including a fractured orbital bone, as a result of the assault.
The case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.