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5 February 2019
Former Louisville Armored Truck Driver Indicted by Federal Grand JuryRead the Press Release
LOUISVILLE, Ky. – Former GardaWorld armored truck driver Mark Nicholas Espinosa has been indicted by a federal grand jury with five charges related to the theft of more than $900,000 from the vehicle, announced United States Attorney Russell M. Coleman.
“Mr. Espinosa’s charged conduct demonstrates the same flawed assumption found in Louisville’s violent trigger-pullers and narcotics peddlers, that the rule of law simply does not apply to him/them,” stated U.S. Attorney Russell Coleman. “As in this case, they should expect a wake-up call in 2019. LMPD and the FBI are to be commended for their fine police work here.”
Espinosa is charged with theft from a common carrier, bank robbery, interstate transportation of stolen money, monetary transactions involving stolen money, and money laundering.
According to the five count indictment: On December 5, 2018, Espinosa stole more than $900,000 from a GardaWorld armored truck, including more than $1,000 in cash from the PNC Bank. Espinosa transported the $900,000 in stolen cash and fled to Connecticut, where he was found with $850,000 in cash on January 30, 2019.
On or about December 10, 2018, in Wilkes-Barre, Pennsylvania, Espinosa, using the name Sam Smith, purchased a 2018 Chevrolet Malibu for $21,193.28 in cash, using money stolen from the armored truck.
On December 21, 2018, in Middlesex County, Connecticut, Espinosa deposited $3,300 into a Citizens Bank account under the name Sam Smith, using money stolen from the GardaWorld truck.
Espinosa faces no more than 10 years per count for theft from a common carrier, bank robbery, interstate transportation of stolen money, monetary transactions involving stolen money and no more than 20 years for money laundering, in addition to a term of supervised release.
Assistant United States Attorneys David Weiser and Rob Bonar are prosecuting the case which is being investigated by the Federal Bureau of Investigation and the Louisville Metro Police Department.
The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty.
Former Hadley Police Officer Found Guilty of Using Excessive Force Against ArresteeRead the Press Release
BOSTON – A former Hadley Police Department Officer was found guilty today of using unreasonable force during an arrest and then falsifying a police report of the incident.
Christopher M. Roeder, 49, of Agawam, was convicted by a federal jury after a seven-day trial of one count of deprivation of rights under color of law and one count of falsification of a document.
Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required plastic surgery to repair. Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.
“Police officers put themselves at risk for the public good every day. The defendant, however, diminished the sacrifices of his fellow officers by violating the constitutional rights of an arrestee,” said United States Attorney Andrew E. Lelling. “Law enforcement officers are rightfully held to a higher standard and, on the very rare occasions when officers refuse to meet that standard, they will be held to account.”
“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “When they abuse their power to violate those very laws, they not only deprive citizens of their individual rights, but they also compromise the public’s trust in law enforcement. The Department of Justice will continue to hold officers accountable for their actions.”
“With today’s conviction, Mr. Roeder finds himself on the opposite end of the very laws he was sworn to uphold. Wearing a badge is a privilege and honor that most law enforcement officers take seriously. It’s not a license to corrupt the administration of justice, but Mr. Roeder clearly forgot that when he broke a man’s nose and tried to cover it up by falsifying his police report. His actions undermined the hard work of the entire law enforcement community,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
The charge of deprivation of civil rights under color of law resulting in injury provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of up to $250,000. The charge of falsifying a police report provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Lelling; Assistant Attorney General Dreiband; and FBI SAC Bonavolonta made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division are prosecuting the case.
Former Hadley Police Officer Found Guilty of Using Excessive Force Against ArresteeRead the Press Release
A former Hadley Police Department Officer was found guilty today of using unreasonable force during an arrest and then falsifying a police report of the incident.
Christopher M. Roeder, 49, of Agawam, was convicted by a federal jury after a seven-day trial of one count of deprivation of rights under color of law and one count of falsification of a document.
Evidence presented at trial established that, on April 3, 2017, Roeder struck an arrestee in the face without legal justification, while the arrestee was seated on a bench in the Hadley Police Department booking area. The strike fractured the arrestee’s nose in multiple places and required plastic surgery to repair.
It was further established that Roeder subsequently attempted to obstruct the investigation into his assault of the arrestee by falsifying his police report describing the incident.
“Law enforcement officers are sworn to uphold and defend the laws of our nation,” said Assistant Attorney General Eric Dreiband. “When they abuse their power to violate those very laws, they not only deprive citizens of their individual rights, but they also compromise the public’s trust in law enforcement. The Department of Justice will continue to hold officers accountable for their actions.”
“Police officers put themselves at risk for the public good every day. The defendant, however, diminished the sacrifices of his fellow officers by violating the constitutional rights of an arrestee,” said United States Attorney Andrew E. Lelling. “Law enforcement officers are rightfully held to a higher standard and, on the very rare occasions when officers refuse to meet that standard, they will be held to account.”
“With today’s conviction, Mr. Roeder finds himself on the opposite end of the very laws he was sworn to uphold. Wearing a badge is a privilege and honor that most law enforcement officers take seriously. It’s not a license to corrupt the administration of justice, but Mr. Roeder clearly forgot that when he broke a man’s nose and tried to cover it up by falsifying his police report. His actions undermined the hard work of the entire law enforcement community,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
The charge of deprivation of civil rights under color of law resulting in injury provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of falsifying a police report provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Eric Dreiband of the Justice Department’s Civil Rights Division; United States Attorney Andrew E. Lelling; and Joseph Bonavolonta, Special Agent in Charge of the FBI, Boston Field Division, made the announcement today. Assistant U.S. Attorney Deepika Bains Shukla of Lelling’s Springfield Branch Office and Trial Attorney Timothy Visser of the Department of Justice’s Civil Rights Division are prosecuting the case.
Former Correctional Officer Sentenced to Prison for Sexting and Propositioning Teenaged GirlRead the Press Release
SACRAMENTO, Calif. — Timothy Holt, 27, formerly of Susanville, was sentenced today by U.S. District Judge John A. Mendez to 21 months in prison and three years of supervised release for transportation of obscene matters, U.S. Attorney McGregor W. Scott announced.
According to court documents, the father of a teenaged girl reported that Holt, as an adult correctional officer, had been sexually propositioning his daughter over an internet messaging service. Law enforcement officers took over the girl’s messaging account. Posing as the teenaged girl, officers continued to chat with Holt and agreed to meet him. Officers arrested Holt when he arrived at the meet location.
This case was the product of an investigation by the FBI and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney Matthew Segal prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Former Blackfeet Tribal chairman arraigned on theft, fraud chargesRead the Press Release
Great Falls – Former Blackfeet Tribal Chairman Willie Andrew Sharp, who is accused of stealing federal money from the Head Start Program, pleaded not guilty to charges in an indictment today, U.S. Attorney Kurt Alme said.
Sharp, 65, of Browning, pleaded not guilty to theft from an Indian tribal government receiving federal funding and to wire fraud as charged in an indictment. The indictment is merely an accusation. Sharp is presumed innocent until proven guilty.
Sharp appeared for arraignment before U.S. Magistrate Judge John T. Johnston in Great Falls. Johnston released Sharp pending trial.
The case is assigned to U.S. District Judge Brian M. Morris.
Sharp faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the most serious charge. The indictment also is seeking a criminal forfeiture money judgment of $38,711 from Sharp.
The indictment alleges that Sharp, while chairman of the Blackfeet Tribe, ultimately oversaw the Head Start Program and approved and ensured others approved overtime at the Blackfeet Head Start Program, knowing that the overtime was false. In total, individuals at the Blackfeet Head Start Program, including Sharp’s wife, Denise L. Sharp, claimed more than 7,800 hours in overtime and received more than $232,000 in federal funds from the program in a 15-month time period, starting in about April 2013. Denise Sharp pleaded guilty earlier to charges in the case and is awaiting sentencing.
Assistant U.S. Attorney Ryan Weldon is prosecuting the case, which was investigated by the FBI.
Pacer case reference. 19-03.
Progress on the case can be monitored through the U.S. District Court calendar and the PACER system. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Former Army colonel, wife sentenced to prison for roles in Fort Gordon fraud, kickback schemeRead the Press Release
AUGUSTA, Ga: A former active-duty U.S. Army colonel and his wife have been sentenced to federal prison and fined more than $200,000 for their roles in steering government contracts to co-conspirators in return for cash.
Anthony Roper, 57, of Augusta, pled guilty to Procurement Integrity Fraud and was sentenced to 60 months in prison and fined $200,000 by Senior U.S. District Court Judge Dudley H. Bowen. He also will be subject to three years of supervised release after his sentence is completed, said Bobby L. Christine, U.S. Attorney for the Southern District of Georgia. There is no parole in the federal prison system. Roper’s wife, Audra Roper, 51, pled guilty to Accessory After the Fact and was sentenced to 28 days in prison, fined $10,000 and placed on five years of probation.
According to evidence presented during guilty pleas and sentencing hearings, Anthony Roper, then in active-duty status at Fort Gordon, accepted bribes from Calvin Devear Lawyer, 60, a retired U.S. Army colonel, to steer Army contracts worth more than $20 million to Lawyer’s company, the CREC group. Based on false representations from Lawyer and Dwayne Oswald Fulton, 58, then an employee of a defense contractor, CREC group had been awarded Small Business Administration (SBA) status as a small, disadvantaged business, and the company used that status to gain competitive advantage in contracting.
The conspiracy also included the creation of fraudulent documents in an attempt to cover up bribes to Anthony Roper after law enforcement agencies discovered the scheme. Lawyer previously pled guilty in the case and was sentenced to 60 months in prison. As part of his sentence, Lawyer also paid a $3 million personal money judgment and a $2 million civil penalty.
The cases were investigated by the United States Army Criminal Investigations Division (CID), the Defense Criminal Investigative Service (DCIS), the Small Business Administration’s Office of Inspector General, and the United States Attorney’s Office.
“Taxpayers deserve above-board behavior from those who do business with the federal government, especially with the military,’” said Southern District of Georgia U.S. Attorney Bobby L. Christine. “It is particularly disappointing when members of the armed forces violate their oaths of office to steal from the public, and our office will prosecute those crimes vigorously.”
“These sentencings are the result of the Defense Criminal Investigative Service’s commitment to ensuring that Department of Defense programs and missions are protected from fraud throughout the procurement process,” said Special Agent in Charge John F. Khin, DCIS Southeast Field Office. “Through joint investigations with our law enforcement partners, DCIS aggressively pursues criminal prosecutions and all available remedies to hold violators accountable for their fraudulent schemes.”
“These sentencings are proof of the great work our agents, and our law enforcement partners, do on a daily basis,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “These defendants used their business to line their pockets, ripping off taxpayer dollars. The MPFU, along with our law enforcement partners, will continue to identify, investigate those who choose to exploit federal contracts and the people these programs serve.”
SBA’s General Counsel Chris Pilkerton said, “The resolution of this matter clearly demonstrates the commitment of federal agencies to discover and prosecute procurement fraud undertaken by those seeking to obtain illicit financial benefit through abuse of small business contracting programs. SBA will continue to work closely with federal law enforcement agencies to ensure that the contracting opportunities offered by SBA programs are available solely to businesses entitled to participate in those programs.”
Assistant U.S. Attorney Brian T. Rafferty prosecuted the case on behalf of the United States.
Five Individuals Indicted for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that William Terron, age 35, of Reading, Francheska Quinones, age 26, of Reading, Amanda Boyle, age 36, of Sweet Valley, Rudolph Ford, age 30, of Olyphant, and Adam Holcomb, age 35, of Shickshinny, Pennsylvania were indicted on December 11, 2018, by a federal grand jury for conspiring to distribute methamphetamine, heroin and cocaine in Northeastern Pennsylvania. The indictment was unsealed following the arrests of the defendants.
According to United States Attorney David J. Freed, the indictment alleges that defendants conspired to distribute more than 500 grams of methamphetamine, more than 100 grams of heroin, and more than 500 grams of cocaine in Schuylkill, Luzerne and Lackawanna Counties between January 2017 and the present. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin.
The matter was investigated by the Bureau of Alcohol, Tobacco and Firearms (ATF), the Pennsylvania State Police, the Kingston Police Department, the Luzerne County Drug Task Force, and the Pennsylvania Office of Attorney General. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the charge under federal law is up to life in prison, a term of supervised release following imprisonment, and a $10,000,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Final Members of East Alabama Drug Trafficking Organization SentencedRead the Press Release
Montgomery, Alabama – The final three members of a drug trafficking organization based in Lee County were sentenced in federal court last week, announced United States Attorney Louis V. Franklin, Sr., and Acting Assistant Special Agent in Charge Andy Langan with the Drug Enforcement Administration (DEA). Marquis Lanez Miller, Lester Stephen Young, and Worldly Dieago Holstick were sentenced last week, bringing the total number of organization members sentenced in federal court to nineteen.
- Alfred Lorenzo Cole – 37 years old, Santa Rosa, California; 168 months’ imprisonment;
- Sakeya Monique Donaldson, 39 years old, Atlanta, Georgia; 26 months’ imprisonment;
- Leanne Grimmett, 32 years old, Auburn, Alabama; 12 months and a day imprisonment;
- James Lee Hamilton, 41 years old, Santa Rosa, California; 48 months’ imprisonment;
- Jermichael Lamar Hart, 32 years old, Auburn, Alabama; 120 months’ imprisonment;
- Worldly Dieago Holstick – 36 years old, Auburn, Alabama; 420 months’ imprisonment;
- Mackenzie Leigh Keith, 24 years old, Auburn, Alabama; 3 years’ probation;
- Tyesha Lanise Lockhart – 21 years old, Auburn, Alabama; 12 months and a day imprisonment;
- John Willie Maddox, Jr. - 28 years old, Auburn, Alabama; 170 months’ imprisonment;
- Phillip Maddox; 41 years old, Auburn, Alabama; 60 months’ imprisonment;
- James Earl McIntyre, 29 years old, Montgomery, Alabama; 24 months’ imprisonment;
- Marquis Lanez Miller – 37 years old, Auburn, Alabama; 81 months’ imprisonment;
- Tyquavious Roequan Mitchell, 20 years old, Opelika, Alabama; 36 months’ imprisonment;
- Jamarcus Deandre Pettus, 34 years old, Opelika, Alabama; 120 months’ imprisonment;
- Eric Kendall Smith, 26 years old, Opelika, Alabama; 120 months’ imprisonment;
- Timothy Lamar Spinks, 43 years old, Auburn, Alabama; 180 months’ imprisonment;
- Erin Kristen Turner – 24 years old, Auburn, Alabama; 6 months’ imprisonment;
- Lateasha Lashun Williams, 31 years old, Auburn, Alabama; 20 months’ imprisonment; and
- Lester Stephen Young, 35 years old, Auburn, Alabama; 33 months’ imprisonment.
Each of the defendants previously entered guilty pleas to various drug, gun, and money laundering offenses, including four who did so after a jury trial had commenced. According to witnesses who testified during the trial and the sentencing hearings, Worldly Holstick was the leader of the drug trafficking organization which stretched from Alabama and Georgia to California. The investigation began after an 11-year-old child was shot while sitting in a vehicle outside one of Holstick’s residences in the Orchard Way trailer park in Auburn, Alabama on September 16, 2016. During the ensuing investigation, officers seized the DVR system located at the residence, which contained video of the shooting as well as Holstick and other members of the conspiracy possessing cocaine, marijuana, and various firearms.An additional fifteen defendants were prosecuted in state court by the Lee County District Attorney’s Office.
In the mid-1990s, Worldly Holstick’s father, Lester Holstick, along with five of Lester Holstick’s siblings (Anthony, Mack, Betty Jean, Rochester, and Curtis) were convicted in federal court on drug trafficking charges. Lester Holstick was sentenced to 20 years’ imprisonment. Mack Holstick was sentenced to 30 years’ imprisonment.
"These sentencings are the result of the hard work and dedication of multiple agencies and will strike a severe blow to an organization that was bringing dangerous drugs and violence into our communities," said U.S. Attorney Franklin. "Too often, multiple generations participate in the drug trafficking trade and society is left to deal with this vicious cycle. My office will continue to work with all of our law enforcement partners to identify and dismantle these drug trafficking organizations.”
“This was a huge impact investigation for the Auburn and Lee County communities,” stated Acting ASAC Langan. “It shines a spotlight on the great things that are accomplished when Federal, State, and Local Law Enforcement partners work together with their prosecuting counterparts toward a common goal. These sentences should send the message to everyone involved in the illicit drug trade in the State of Alabama that we will bring you to justice and you will be held accountable for your crimes.”
These cases were investigated by the following agencies: DEA – Montgomery Resident Office, Auburn Police Department, Eufaula Police Department, Prattville Police Department, Alabama Attorney General’s Office, Alabama Law Enforcement Agency, Alabama HIDTA Task Force, Alabama National Guard, Autauga County Sheriff’s Office, Central Alabama Drug Task Force (CADTF), Elmore County Sheriff’s Office, Millbrook Police Department, Montgomery County Sheriff’s Office, Montgomery Police Department, Lee County Sheriff’s Office, Lee County District Attorney’s Office, Opelika Police Department, Troy Police Department, and the United States Marshals.
The federal case was prosecuted by Assistant United States Attorneys Kevin Davidson, Josh Wendell, and Curtis Ivy.
Federal Jury Convicts in Multi-Million-Dollar Oil and Gas FraudRead the Press Release
OKLAHOMA CITY – A jury has convicted JUSTIN LANE FOUST, 42, of Sulphur, Oklahoma, of wire fraud, money laundering, and aggravated identity theft in connection with fraud against Chesapeake Energy, announced Robert J. Troester of the U.S. Attorney’s Office.
According to an 11-count indictment filed on January 16, 2018, Foust was employed by Chesapeake Operating, Inc., a wholly owned subsidiary of Chesapeake Energy Corporation, from April 2002 until September 2011. In July 2011, Foust formed Platinum Express, LLC, which became an approved vendor for Chesapeake Operating in October of that year. The indictment alleged that from October 2011 until July 2014, Chesapeake Operating contracted with Platinum Express primarily to transport waste water to disposal facilities in western Oklahoma.
Trial began on January 28, 2019. Over the course of six trial days, the evidence showed Foust defrauded Chesapeake Operating by causing Platinum Express to submit false invoices for services it did not perform. In particular, he created fraudulent work tickets for steam cleaning, dirt berm work, plating tanks, hauling rock, repairing fence, supplying sand separators, and other services. He generated many fraudulent invoices for amounts just under $5,000, which he knew from his prior work with Chesapeake Operating required a lower level of approval for processing and payment. The trial evidence established he forged the signature and employee identification number of certain Chesapeake Operating employees to ensure Chesapeake Operating’s accounting department would process the invoices. He further caused these work tickets and invoices to be submitted through interstate wire communications to Oildex, the Denver, Colorado, company that processed the claims on behalf of Chesapeake Operating.
Alleging eight counts of wire fraud, the indictment stated Foust was responsible for over 1,100 fraudulent invoices, which generated over $4.3 million in Chesapeake Operating payments to which Platinum Express was not entitled. Foust was also charged with two counts of aggravated identity theft based on his alleged use of the names and employee identification numbers of other people without their consent. Finally, he was charged with one count of laundering money by transferring $43,857.09 to pay for Platinum Express payroll, after at least $10,000 of that transfer had been derived from wire fraud.
Today the jury returned guilty verdicts on six counts of wire fraud, one count of aggravated identity theft, and one count of money laundering. It was unable to reach a unanimous verdict on the two remaining counts of wire fraud and the other count of aggravated identity theft.
Sentencing will take place in approximately ninety days. Foust could be imprisoned for a maximum of twenty years on each of the wire-fraud convictions, to be followed by three years of supervised release. Aggravated identity theft carries a mandatory minimum sentence of two years in prison, in addition to any other sentence of imprisonment. The money-laundering conviction could result in a sentence of ten years in prison, followed by three years of supervised release. Foust could also be fined up to $250,000 on each count and would be subject to mandatory restitution and to a forfeiture money judgment in the amount of the proceeds of the fraud, which the indictment alleges to be $4,345,619.00.
This case is the result of an investigation by the Oklahoma Economic and Identity Crimes Task Force, which is composed of the United States Secret Service, the FBI, IRS–Criminal Investigations, Homeland Security Investigations, the U.S. Postal Inspection Service, the Oklahoma Highway Patrol, the Oklahoma City Police Department, the Edmond Police Department, the Moore Police Department, and the Norman Police Department. The case agents hail from FBI and IRS–Criminal Investigations. Assistant U.S. Attorneys Jessica L. Perry, Amanda Green, and Tom Snyder are prosecuting the case.
Reference is made to court filings for further information.
Eurofins Lancaster Laboratories Environmental to Pay $135,742 to Resolve False Claims Allegations Arising from Improper Testing of U.S. Army Water SamplesRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Eurofins Lancaster Laboratories Environmental LLC, of Lancaster, Pennsylvania, has agreed to pay the United States $135,742 to resolve allegations that it billed the U.S. Army for testing numerous water samples after a Eurofins employee had improperly manipulated or changed the results. Eurofins has terminated the employee, retested the affected samples, and implemented changes to prevent similar misconduct.
In 2017, an investigation was launched after Eurofins disclosed to the United States that between June 21, 2016 and September 14, 2017, an employee in its Lancaster, Pennsylvania laboratory had improperly manipulated quality control data and altered the test results of numerous water samples. Eurofins had contracted with the U.S. Army Public Health Command to test environmental samples, and Eurofins had billed the government $67,871 for testing of 1436 water samples, the results of which the employee had manipulated or altered. Eurofins disclosed information related to its former employee’s misconduct and cooperated with the government’s investigation.
“Government contractors are accountable for their employees’ conduct, especially when they are relied on to ensure the public health of personnel working and living on U.S. military facilities,” said U.S. Attorney McSwain. “This resolution should remind contractors of the high value we place on safeguarding our military service members and civilian employees. We commend Eurofins for coming forward to disclose the issues and for working with the federal government and other regulators to bring its practices into compliance with the law.”
“This settlement further demonstrates the resolve of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit and our law enforcement partners to protect and defend the assets of the United States Army,” stated Special Agent in Charge L. Scott Moreland, of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit’s Mid‑Atlantic Fraud Field Office.
“The settlement agreement announced today is the result of a joint investigative effort,” stated Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service (DCIS) Northeast Field Office. “DCIS will continue to work with the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the U.S. Army Criminal Investigation Command to ensure the integrity of the Defense Department’s procurement system.”
The case was handled by Assistant United States Attorney Mark J. Sherer with investigative assistance from auditor Denis Cooke, the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, and the Defense Criminal Investigative Service.
EDPA Announces 2018 Affirmative Civil Enforcement AchievementsRead the Press Release
PHILADELPHIA, PA – United States Attorney William M. McSwain today announced calendar year 2018 affirmative civil enforcement (ACE) achievements by the U.S. Attorney’s Office Civil Division. As the 2018 achievements demonstrate, the Eastern District of Pennsylvania (EDPA) continues to have one of the busiest and most prolific Civil Divisions in the country.
For calendar year 2018, the EDPA Civil Division recovered over $115.5 million in settlements and judgments from civil cases involving fraud against the government. These matters originated largely from qui tam, or whistleblower filings and agency referrals. Of that amount, over $108 million resulted from False Claims Act (FCA) cases, largely from those alleging healthcare fraud violations. Whistleblowers recovered over $18 million from these resolutions. During the same calendar year, EDPA opened a record-setting number of ACE investigations into alleged fraud on the government, Controlled Substances Act violations, and civil rights violations.
“We sincerely thank the whistleblowers and their counsel who have brought these matters to the attention of the United States. Without the willingness of relators to shed light on allegations of fraud, preserving government program funds would be far more challenging. Their efforts played a vital role in the resolution of these cases,” said U.S. Attorney McSwain.
“We also thank our federal law enforcement partners, including the U.S. Department of Health and Human Services Office of the Inspector General, the Defense Criminal Investigative Service, the Drug Enforcement Administration, the U.S. Office of Personnel Management Office of the Inspector General, the U.S. Postal Inspection Service, and the Railroad Retirement Board Office of the Inspector General. The agency support and dedication in these matters is critical to the success of our civil enforcement.”
“We plan to build on these achievements in 2019,” continued U.S. Attorney McSwain. “I anticipate that the newly created ACE Strike Force will help us realize even greater success this year.” In August 2018, the U.S. Attorney formed the ACE Strike Force. It consists of five Assistant U.S. Attorneys within the Civil Division who focus their efforts on ACE work. Its mission is to pursue complex fraud investigations, including FCA whistleblower cases, combat the opioid crisis through civil enforcement, and enforce federal civil rights statutes.
“The Civil Division will continue to build its robust pipeline of ACE cases, and we have every reason to expect to see a large number of complex whistleblower filings under the False Claims Act and agency referrals,” said U.S. Attorney McSwain. “I expect ongoing ACE success, reflecting the identification and targeting of specific ACE areas including government fraud, Controlled Substances Act enforcement, and civil rights enforcement.”
The following are significant calendar year 2018 achievements:[1]
FCA Healthcare Fraud Settlements
- HMA. In this qui tam against Health Management Associates (HMA), its hospitals Lancaster Regional and Heart of Lancaster, and the physicians group Physicians Alliance Ltd. (PAL), EDPA and DOJ negotiated a large, multi-district $260 million settlement involving medically unnecessary hospital admissions and kickbacks to doctors. The kickback methods included: physicians participating in whole-hospital joint ventures of HMA facilities, physicians receiving excessive compensation, physicians receiving bogus co-management fees, and physicians receiving bogus medical directorship fees. The settlement amount is $55 million for the joint venture piece of the litigation arising out of EDPA, with a global settlement of $260 million for eight qui tams filed in five districts. https://www.justice.gov/usao-edpa/pr/national-hospital-chain-will-pay-over-260-million-resolve
- Abbott. Abbott Laboratories and AbbVie Inc. (“Abbott”) agreed to pay $25 million to resolve allegations that it employed kickbacks and unlawful methods of off-label marketing and promotion to induce physicians to prescribe the drug TriCor,® a blockbuster cholesterol reducing drug that was promoted for use in conjunction with other cholesterol lowering medications. https://www.justice.gov/usao-edpa/pr/abbott-laboratories-and-abbvie-inc-pay-25-million-resolve-false-claims-act-allegations
- Coordinated Health and Emil DiIorio, M.D. Coordinated Health Holding Company, LLC (“Coordinated Health”) and its founder, principal owner, and Chief Executive Officer, Emil DiIorio, M.D., agreed to settle allegations that they abused billing modifiers to unbundle surgery codes resulting in false claims submitted to federal health care programs. Coordinated Health agreed to pay $11.25 million and DiIorio agreed personally to pay $1.25 million, for total settlement of $12.5 million. Coordinated Health has also entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services that will require regular monitoring of its billing practices for five years. https://www.justice.gov/usao-edpa/pr/coordinated-health-and-ceo-pay-125-million-resolve-false-claims-act-liability
- SouthernCare. SouthernCare, Inc., a hospice care provider, agreed to pay $5,863,426 to the federal government to resolve allegations that the company submitted false claims to Medicare for hospice care that was medically unnecessary or lacked documentation. In their qui tam complaints, the whistleblowers alleged that SouthernCare provided hospice care to patients who were not eligible under the Medicare program. https://www.justice.gov/usao-edpa/pr/hospice-care-provider-pays-nearly-6-million-resolve-false-claims-act-allegations
- I&L Express Pharmacy. I&L Express Pharmacy and its owners agreed to pay $3.2 million to the federal government to resolve allegations that they submitted false claims to Medicare for prescription medications that were not actually dispensed during a six-year period. Significantly, they also agreed to enter into an integrity agreement that requires them to undertake substantial compliance obligations and to contract with an Independent Review Organization that will conduct quarterly audits of their Medicare and Medicaid claims and drug inventory. https://www.justice.gov/usao-edpa/pr/pharmacy-owners-agree-pay-32-million-resolve-false-claims-case
- Community Health Clinics / Dr. Melchor Martinez. In this case, EDPA filed a complaint in intervention of a qui tam alleging that Martinez had been excluded from participating in all federally funded healthcare programs, but had nonetheless continued to own and operate community mental health clinics that billed Medicaid and Medicare. The complaint also alleged widespread fraud in billing for mental health services, billing for services provided by unqualified individuals, and falsifying credentials. https://www.justice.gov/usao-edpa/pr/civil-complaint-alleges-fraud-operators-community-mental-health-clinics The district court entered a $3 million consent judgment on October 18, 2018, which required the defendants to shut down their remaining Medicare business and for significant periods of exclusion from participation in federally funded healthcare programs for the defendants. https://www.justice.gov/usao-edpa/pr/united-states-obtains-3-million-consent-judgment-and-federal-healthcare-exclusions-0
- Bromedicon. Marshfield Medical, Inc., formerly known as Bromedicon, Inc., agreed to pay $550,000 to resolve a qui tam lawsuit’s allegations that Bromedicon submitted false claims to Medicare and other federal healthcare programs for failing to provide a qualified interpreting physician to monitor each surgery for which it purportedly provided remote Intraoperative Neurophysiological Monitoring. https://www.justice.gov/usao-edpa/pr/intra-operative-monitoring-company-agrees-pay-550000-settle-false-claims-act-claims
- Dr. Banka. Vidya Banka, MD agreed to pay a civil penalty of $126,617 and to a five-year term of exclusion from all federal healthcare programs to settle allegations that he improperly submitted Medicare claims for unnecessary cardiac stent procedures. The University of Pennsylvania Health System (“UPHS”), which owns Pennsylvania Hospital, brought the matter to the United States’ attention through a voluntary self-disclosure. The United States then continued to investigate Dr. Banka. https://www.justice.gov/usao-edpa/pr/united-states-resolves-claims-philadelphia-cardiologist-billed-medicare-unnecessary
- Rosenbaum. A personal injury law firm, Rosenbaum & Associates, and its principal, Jeffrey Rosenbaum, Esq., agreed to pay $28,000 to resolve allegations that they failed to reimburse the United States for certain Medicare payments the government had previously made to medical providers on behalf of firm clients who sought medical care. The government’s investigation arose under the Medicare Secondary Payer provisions of the Social Security Act. Rosenbaum also agreed to (1) designate a person at the firm responsible for paying Medicare secondary payer debts; (2) train the designated employee to ensure that the firm pays these debts on a timely basis; and (3) review any outstanding debts with the designated employee at least every six months to ensure compliance. https://www.justice.gov/usao-edpa/pr/philadelphia-personal-injury-law-firm-agrees-start-compliance-program-and-reimburse
Controlled Substances Act Enforcement
- Passavant/PDC. Arising from a voluntary self-disclosure, Passavant Memorial Homes, and its subsidiaries Passavant Development Corporation, PDC Pharmacy Philadelphia, PDC Pharmacy Pittsburgh, and PDC Pharmacy Colorado, paid the United States $1,850,000 to resolve allegations that it dispensed controlled substances to patients without a valid prescription in violation of the Controlled Substances Act and FCA. This matter also involved two additional disclosures in coordination with the District of Colorado and the Western District of Pennsylvania. The U.S. Attorney’s Offices worked in close collaboration with each other, HHS, DEA, and Medicaid Fraud Control Units from all three districts to obtain the resolution in this case. https://www.justice.gov/usao-edpa/pr/passavant-memorial-homes-pay-185-million-resolve-allegations-improperly-dispensing
- Dr. Stephen Latman. This civil complaint resulted in a first-of-its-kind consent decree against a physician who had been allegedly overprescribing opioids for years. According to the complaint, Dr. Latman issued 343 opioid prescriptions to three of his patients that lacked a legitimate medical purpose and were issued outside of the usual course of his professional practice. Dr. Latman entered into a Stipulated Order and Consent Judgment, requiring him to pay $400,000 to the United States, prohibiting him from ever seeking a future DEA controlled substance license, requiring him to voluntarily relinquish his license to practice medicine, and requiring him to execute an agreement with the U.S. Department of Health and Human Services to be excluded from Medicare, Medicaid, and all other federal health care programs. https://www.justice.gov/usao-edpa/pr/united-states-files-suit-against-reading-area-physician-opioid-prescribing
- Stephen Humbert, D.O. and Raymond Ferraro, P.A. These medical providers agreed to pay $112,500 to resolve allegations for improperly prescribing opioids to one of their former patients. Additional conditions of compliance with the DEA required regular reporting of their prescriptions for controlled substances and new policies for their opioid patients. https://www.justice.gov/usao-edpa/pr/two-healthcare-providers-agree-pay-over-100000-settle-civil-claims-improper-opioid
FCA Procurement/Grant Fraud Settlements
- Shubhada Industries. EDPA filed a civil fraud lawsuit against Babu Metgud and Shubhada Kalyani, and four companies, Shubhada Industries, d/b/a Shubhada, Inc., Metcon Aerospace & Defense, d/b/a Metcon Industries, NRI Capital Corporation, and The Innovation Technology & Enterprise Development Center, Inc., for a scheme to overcharge the military for spare vehicle parts. The United States, as the plaintiff, moved for summary judgment against Metgud and Kalyani. In granting the United States’ motion, the district court entered judgment against the individual defendants, awarding damages and imposing the maximum penalty allowable under the FCA. The couple has been ordered to pay $232,891.37 to the United States. https://www.justice.gov/usao-edpa/pr/lawsuit-filed-against-defense-contractors-over-alleged-false-claim. The press release for the judgment is here: https://www.justice.gov/usao-edpa/pr/court-enters-judgment-against-new-jersey-couple-overcharging-military-spare-vehicle
- Scholars in Print. EDPA filed a civil complaint alleging that Scholars in Print and its owners, John Paul Ryan and Mary Motz Ryan, violated the FCA by shipping unordered textbooks to the Federal Bureau of Prisons and demanding payment, in conjunction with a motion asking the court to enter a stipulated order and consent judgment to resolve the matter. The defendants will pay a civil penalty of $75,689 for submitting false claims. They will also refrain from marketing products to any federal agency through unsolicited communications or telemarketing. https://www.justice.gov/usao-edpa/pr/bucks-county-couple-and-telemarketing-firm-agree-pay-penalty-resolve-false-claims-act
FCA Benefits Fraud Settlements
- Richard Cundari. A former Railroad Retirement Board employee resolved civil fraud claims under the FCA for $307,500 concerning allegations that he applied for and received occupational disability annuities that he was ineligible to receive due to income earnings in excess of the applicable limits. https://www.justice.gov/usao-edpa/pr/doylestown-man-pay-307500-resolve-civil-false-claims-allegations-he-illegally-received
[1] The civil claims resolved by settlement are allegations only, and there has been no determination of liability.
- HMA. In this qui tam against Health Management Associates (HMA), its hospitals Lancaster Regional and Heart of Lancaster, and the physicians group Physicians Alliance Ltd. (PAL), EDPA and DOJ negotiated a large, multi-district $260 million settlement involving medically unnecessary hospital admissions and kickbacks to doctors. The kickback methods included: physicians participating in whole-hospital joint ventures of HMA facilities, physicians receiving excessive compensation, physicians receiving bogus co-management fees, and physicians receiving bogus medical directorship fees. The settlement amount is $55 million for the joint venture piece of the litigation arising out of EDPA, with a global settlement of $260 million for eight qui tams filed in five districts. https://www.justice.gov/usao-edpa/pr/national-hospital-chain-will-pay-over-260-million-resolve
Drug Dealer Sentenced to 8 Years in Federal Prison for Possession with Intent to Distribute 1,980 Grams of MethRead the Press Release
COLUMBUS – A defendant caught in a drug sting with almost 2,000 grams of methamphetamine and more than $11,000 in cash was sentenced to 96 months in federal prison, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. Amber Hass, 30, of Columbus, GA was sentenced to 96 months for Possession of Methamphetamine with Intent to Distribute by the Honorable Clay D. Land in Columbus federal court. Ms. Hass pled guilty to this charge in November 2018. There is no parole in the federal system.
Agents with the Drug Enforcement Administration and the Columbus Police Department received information regarding a large delivery of meth that would occur near a local restaurant on Bradley Park Drive in Columbus on December 5, 2017. Agents established surveillance in the general vicinity, and monitored Ms. Hass exiting her vehicle, carrying a bag which contained $11,720 and entering a car occupied by co-defendant Maria Lopez, 22, of Atlanta. Ms. Hass admitted that she attempted to exchange the cash for 1,980 grams of meth, which agents found located inside Ms. Lopez’s center console. Ms. Lopez is charged with Possession of Methamphetamine with Intent to Distribute.
“Methamphetamine is destroying lives in our communities every single day,” said Charles “Charlie” Peeler, the U.S. Attorney for the Middle District of Georgia. “Ms. Hass was directly involved in distributing an enormous quantity of this illegal drug across the Columbus area, and I am grateful our dedicated law enforcement partners were able to stop this significant drug deal. Our office will continue to stand with law enforcement agents who are putting their lives on the line daily to protect our communities from meth, and the terrible harm this drug creates.”
The case was investigated by the Drug Enforcement Agency and the Columbus Police Department. Assistant U.S. Attorney Melvin Hyde is prosecuting the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Driver Who Fled Topeka Police Sentenced on Federal Gun ChargeRead the Press Release
TOPEKA, KAN. – A driver who led Topeka police on a chase at more than 70 mph was sentenced today to 42 months in federal prison on a firearm charge, U.S. Attorney Stephen McAllister said.
Darryl Kevin Norwood, 30, Topeka, Kan., pleaded guilty to one count of unlawful possession of a firearm following a felony conviction. In his plea, Norwood admitted that instead of stopping at a DUI check lane he fled from police at speeds exceeding 70 mph. He hit another car and continued to flee on foot before being arrested. Police found a .380 caliber pistol on the floorboard of his car.
Norwood was prohibited from possessing a firearm because of prior felony convictions.
McAllister commended the Topeka Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
The case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.
Dog Pound Gangster Sentenced to over 11 Years in PrisonRead the Press Release
FRESNO, Calif. — Kiandre Johnson, 25, of Fresno, was sentenced Monday to 11 years and six months in prison for engaging in a conspiracy to commit murder in aid of racketeering and using a facility of interstate commerce to facilitate prostitution, U.S. Attorney McGregor W. Scott announced.
According to court documents, in March and April 2016, Johnson conspired with other Dog Pound Gang members to kill rival gang members for the purpose of gaining or maintaining his status within the Dog Pound enterprise. Between March 23, 2016, and April 7, 2016, three Dog Pound members or associates were shot or shot at by rival gang members. After the March 23 shooting, Johnson and other Dog Pound members conspired to murder rival gang members in retaliation for the shootings. On April 7, 2016, Johnson obtained a firearm from co‑defendant William Lee to use in a shooting later that evening. Johnson was armed with the gun when he and others went to Fink White Park, rival gang territory, and engaged in a shooting. Johnson tried to fire the gun, but it jammed. After, Johnson returned to a local hotel where other Dog Pound members were located. Johnson met with Lee, and the two planned to go and test the gun to see what the problem was. However, before they could do so, police attempted to stop them. They threw the gun out of the window of the car and police recovered it.
Additionally, York, Monson, Wharry, Maxey, Johnson, and Millro were involved in sex trafficking female victims both within and outside of California. Wharry, Johnson, and Windfield were also involved in fraud that involved obtaining stolen credit card account numbers, manufacturing counterfeit credit cards, and conducting transactions with the counterfeit credit cards throughout California, Nevada, Oregon, Minnesota, Illinois, and Missouri to obtain money, goods and services.
Johnson was the last of the defendants in the case to be sentenced. Following are the other defendants charged in this case:
James York, 41, a leader in the Dog Pound enterprise, was sentenced to 14 years in prison for conspiracy to commit murder in aid of racketeering, use of a facility of interstate commerce to promote prostitution, and possession of an unregistered firearm;
Trenell Monson, 31, a leader in the Dog Pound enterprise, was sentenced to 15 years in prison for conspiracy to commit murder in aid of racketeering, interstate transportation for prostitution, and use of a facility of interstate commerce to promote prostitution;
Deandre Stanfield, a leader in the Dog Pound enterprise, was sentenced to 10 years in prison for conspiracy to commit murder in aid of racketeering;
Kenneth Wharry Jr., 35, was sentenced to 10 years and one month in prison for conspiracy to commit murder in aid of racketeering, interstate transportation for prostitution, and conspiracy to effect transactions with access devices issued to other persons;
Darrell Maxey, 23, was sentenced to 10 years in prison for conspiracy to commit murder in aid of racketeering, and use of a facility of interstate commerce to promote prostitution;
Davon Millro, 24, was sentenced to 10 years and one month in prison for conspiracy to commit murder in aid of racketeering, and use of a facility of interstate commerce to promote prostitution;
Kenneth Johnson III, 28, was sentenced to 10 years and one month in prison for conspiracy to commit murder in aid of racketeering, and conspiracy to effect transactions with access devices issued to other persons;
William Lee, 41, was sentenced to 10 years in prison for conspiracy to commit murder in aid of racketeering; and,
Anthony Windfield Jr., 33, was sentenced to 7 years, 3 months in prison for conspiracy to commit murder in aid of racketeering and conspiracy to effect transactions with access devices issued to other persons.
This case was the product of an investigation by the California Department of Justice/California Highway Patrol Special Operations Unit; Fresno Police Department; the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives; the IRS Criminal Investigation; the Multi-Agency Gang Enforcement Consortium; the Fresno County District Attorney’s Office; and California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Kimberly A. Sanchez and Jeffrey A. Spivak prosecuted 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.
Defendant Involved in Defrauding Stepson's Business of Close to One Million Sentenced on Conspiracy ChargeRead the Press Release
COLUMBUS – A defendant who testified last month that she was duped by an Alabama woman into conspiring to steal money from a Columbus business was sentenced today in Columbus federal court, said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. The Honorable Clay D. Land sentenced Darlene Corbett, 65, of Phenix City, Alabama to 24 months in prison on Conspiracy to Commit Wire Fraud, a charge she pled guilty to in July 2018. There is no parole in the federal system.
In her plea agreement, Ms. Corbett admitted she embezzled over $950,000 as Chief Financial Officer (CFO) of The Grand Reserve of Columbus, an apartment complex owned by her stepson. Ms. Corbett later testified at the trial of her co-defendant, Dorita Clay, 51, of Selma, Alabama, in January 2019. Under oath, Ms. Corbett testified that the money she embezzled all went to Ms. Clay and was in the service of various schemes that Ms. Clay had convinced her were legitimate, include a pending multi-million dollar estate settlement and a multi-million lawsuit settlement that Ms. Clay claimed she was about to receive. Ms. Corbett further admitted at trial that she had conspired with Ms. Clay to embezzle the money, to then conceal the theft and deceive the FBI with a false story about business loans.
Both at trial and in her signed plea agreement filed with the court, Ms. Corbett admitted that the business loan story was not true and she had been induced to steal from her employer by Ms. Clay, who promised Corbett a future financial windfall. Even after being fired by The Grand Reserve in 2016, Ms. Corbett admitted to giving Ms. Clay her life’s savings, which she estimated was approximately $500,000. A Columbus jury found Ms. Clay guilty on 21 counts of Wire Fraud and one count of Conspiracy to Commit Wire Fraud on January 9, 2019. Ms. Clay will be sentenced for her crimes on April 9, 2019.
“The scheme of lies and theft concocted by Ms. Clay, and supported by Ms. Corbett, caused great harm to a reputable business and numerous individuals,” said Charles “Charlie” Peeler, the United States Attorney for the Middle District of Georgia. “Today, Ms. Corbett has been held accountable for her role in this illegal racket, and soon Ms. Clay will have to face the consequences of swindling large amounts of money from her victims. I want to recognize the good investigative work of our law enforcement partners in helping bring an end to this fraud.”
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Crawford Seals is prosecuting the case for the Government.
Questions can be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603 or Melissa Hodges, Public Affairs Director (Contractor), United States Attorney’s Office, at (478) 765-2362.
Convicted Felon Sentenced to Prison for Possessing a FirearmRead the Press Release
RICHMOND, Va. – A Richmond man was sentenced today to seven years in prison for possession of a firearm by a convicted felon.
According to court documents, Timothy Cureton, 27, possessed a firearm in a Facebook live video posted to his Facebook account on Jan. 25, 2018. In the video, which was discovered by the Richmond Police Department, Cureton held a brown Glock handgun with an extended magazine.
Officers suspected that Cureton stayed at an apartment in Creighton Court. Just five days later, on Jan. 30, 2018, officers received information that individuals were storing illegal narcotics at an apartment in Creighton Court. Officers went to the apartment and upon entering the residence observed drug paraphernalia. After officers obtained a search warrant for the residence, they discovered two firearms in a bedroom closet. One of those firearms was a brown Glock handgun, consistent with the firearm Cureton displayed in the Facebook live video. Inside the same bedroom of the residence, officers located Cureton’s social security card and a document with Cureton’s name on it.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge John A. Gibney. Assistant U.S. Attorney Heather H. Mansfield prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:18-cr-108.
Columbia Man Pleads Guilty to Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Mo., man who was in a vehicle that led police officers in a pursuit pleaded guilty in federal court today to illegally possessing a firearm.
Justin Craig Ewing, 30, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to being a felon in possession of a firearm. Ewing admitted that he was in possession of a loaded Browning .40-caliber handgun.
On Dec. 22, 2017, police officers attempted to stop a 2006 Chevy Impala driven by Jeremy Wade Gerlach, 36, of Harrisburg, Mo., in which Ewing was the passenger. Officers, who were seeking to arrest Gerlach, pulled in behind the parked vehicle at the Days Inn Motel, 900 I-70 Drive Southwest, Columbia, Mo. As officers approached the vehicle on foot, the Impala fled north through a grassy area next to the motel. As another patrol vehicle arrived from the east side of the motel, the Impala swerved left to go around them and crashed into an electric pole. An officer ran up to the vehicle and pointed his gun at the occupants. When the officer realized Gerlach was trying to put the vehicle in reverse, he ran back to his patrol vehicle and used it to pinch in the rear of the Impala to prevent escape and further jeopardy to officers.
When officers approached the vehicle, the driver’s side windows were up and the doors were locked. An officer used his baton to break the driver’s window, and officers pulled Gerlach out of the Impala through the broken driver’s side window.
When officers removed Gerlach and Ewing from the vehicle, they saw the Browning handgun (which had been reported as stolen) lying on the floorboard where Ewing had been sitting. Ewing was wearing a shoulder handgun holster. Officers also found a loaded Rock Island Armory .45-caliber handgun wedged between the driver’s seat and center console.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Ewing has four prior felony convictions for forgery and prior felony convictions for burglary, resisting arrest, possession of a controlled substance, distribution of a controlled substance, and unlawful use of a weapon.
Gerlach pleaded guilty on Oct. 9, 2018, to being a felon in possession of a firearm.
Under federal statutes, Ewing and Gerlach are each 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 Lawrence E. Miller. It was investigated by the Columbia, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
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 Missouri. 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. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.Clermont Eye Doctors Agree to Pay over $157,000 to Settle False Claims Act Liability for Improperly Billing MedicareRead the Press Release
Orlando, FL – United States Attorney Maria Chapa Lopez announces today that Dr. Craig D. Fishman and Dr. Jeffrey A. Sheridan have agreed to pay the United States a combined total of $157,312.32 to resolve allegations that they violated the False Claims Act by knowingly billing the government for mutually exclusive eyelid repair surgeries. Dr. Fishman and Dr. Sheridan are ophthalmologists who operate Fishman & Sheridan Eye Care Specialists.
The settlement relates to Dr. Fishman and Dr. Sheridan’s billing of two procedures, blepharoplasty and ptosis. Medicare identifies these procedures as mutually exclusive eyelid repair surgeries that usually should not be billed simultaneously. According to the settlement agreement, from April 11, 2011, through March 31, 2017, Dr. Fishman and Dr. Sheridan each regularly billed for simultaneously performing blepharoplasty and ptosis on patients and submitted those claims to the United States for reimbursement.
“Protecting Medicare and other federal health care programs from fraud is a priority of the U.S. Attorney’s Office,” said U.S. Attorney Maria Chapa Lopez. “This settlement highlights our commitment to identifying doctors who do not follow the law.”
“Improperly billing for services to increase revenue burdens our healthcare system,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG). “Our agency will continue to investigate health care providers that seek to illegally boost profits at the expense of federal health care programs.”
The settlement concludes a lawsuit originally filed in the United States District Court for the Middle District of Florida by two whistleblowers—Dr. Michael Pennachio, a former partner of Drs. Fishman and Sheridan, and Sharon Drake, their former office manager. Dr. Pennachio and Ms. Drake sued under the qui tam, or whistleblower, provisions of the False Claims Act permitting private citizens to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. Dr. Pennachio and Ms. Drake will receive $26,000 of the proceeds from the settlement with Dr. Fishman and Dr. Sheridan.
This settlement resulted from an investigation coordinated by Assistant U.S. Attorney Jeremy R. Bloor, with assistance from the U.S. Department of Health and Human Services Office of Inspector General.
The government’s action in this matter illustrates the emphasis on combating health care fraud, and one of the most powerful tools in this effort is the False Claims Act. Tips from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The case is captioned United States ex rel. Michael Pennachio, M.D. and Sharon Drake v. Craig D. Fishman, M.D., and Jeffrey A. Sheridan, M.D., Case No. 5:17-cv-152-OC-34PRL. The settlement resolves the United States’ claims in that case. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Chinese National Sentenced to Prison for Illegal Photography of U.S. Naval Installation in Key West, FloridaRead the Press Release
A People’s Republic of China (PRC) foreign national was sentenced to prison today for illegal photography of the U.S. Naval Air Station Key West, Joint Interagency Task Force, South (JIATF-South).
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.
Zhao Qianli, 21, of Shanxi, PRC was sentenced today to the statutory maximum term of 12 months in prison, to be followed by 1 year of supervised release, by Chief U.S. District Judge K. Michael Moore, after previously pleading guilty to one count of photographing defense installations (Case No. 18-10035-CR).
According to the court record, in September 2018, Zhao Qianli was apprehended after illegally entering JIATF-South. At the time of his arrest, Zhao Qianli was observed taking photographs of JIATF-South and associated military hardware. A search warrant of Zhao Qianli’s cellular telephone and digital camera revealed multiple photographs and video footage of the Key West military installation.
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 U.S. Attorney Michael R. Sherwin.
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
California Man Sentenced to Almost 20 Years for Drug ConspiracyRead the Press Release
Gulfport, Miss. – Juan Pablo Zamora Gomez, 32, of Modesto, California, was sentenced last week by U.S. District Keith Starrett to 235 months in federal prison, followed by 8 years of supervised release, for conspiring to possess with intent to distribute heroin, announced U.S. Attorney Mike Hurst and Assistant Special Agent in Charge Derryle Smith with the Drug Enforcement Administration. Gomez was also ordered to pay a $20,000.00 fine.
The investigation into Gomez started after agents with the DEA executed a search warrant at Jermaine Newell’s property in Soso, Mississippi. Agents located 951 grams of heroin in Newell’s possession. After Newell’s arrest, agents learned that he received the heroin from Gomez and Vincente Manuel Ruiz. Agents obtained audio recordings of Gomez discussing heroin and setting up a meeting to further the conspiracy. During the investigation, agents also learned that Gomez, Ruiz, and Newell were involved with sending marijuana and methamphetamine from California to Mississippi.
Prior to Gomez’s sentencing, Jermaine Newell and Manuel Ruiz both pled guilty to the conspiracy and were sentenced to serve 60 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $5,000.00 fine.
The case was investigated by the DEA in Gulfport. It was prosecuted by Assistant U.S. Attorney Kathlyn R. Van Buskirk.
Brockton Man Charged with Computer Fraud and AbuseRead the Press Release
BOSTON – A Brockton man was indicted today in federal court in Boston in connection with an August 2018 computer intrusion of a Massachusetts company.
Colby Anderson, 25, was indicted on one count of intentionally causing damage to a protected computer without authorization. In October 2018, Anderson was arrested and charged by complaint; he was released on conditions.
According to the charging documents, in July 2018, Anderson was terminated from his position as a Network Operations Center Technician at Blueport Wireless, a high speed internet access provider. Following his termination, Anderson subsequently used his former colleagues’ account login information to delete approximately 120 customer configuration profiles, causing widespread internet service issues at customer facilities.
The charging statute provides for a sentence of no greater than 10 years in prison, up to three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew E. Lelling; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. Assistant U.S. Attorney Mackenzie A. Queenin of Lelling’s Cybercrimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Armed Felon Sentenced to Federal PrisonRead the Press Release
TOPEKA, KAN. – A Hutchinson man with a felony conviction record was sentenced today to seven years in federal prison for a firearm violation, U.S. Attorney Stephan McAllister said.
Lucas Adam Wade Hall, 32, Hutchinson, pleaded guilty to one count of unlawful possession of a firearm by a felon. In his plea, he admitted that he was arrested with a Taurus 9 mm pistol, a Beretta 9 mm pistol and a Smith & Wesson .44 caliber revolver.
In April 2011, Hall was convicted in Reno County District Court of attempted kidnapping, aggravated intimidation of a witness and aggravated battery. In September 2014, he was convicted in Reno County District Court of aggravated assault.
This case was prosecuted as part of Department of Justice’s Project Safe Neighborhood, which targets armed offenders with a record of felony convictions.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
Acting Attorney General and Secretary of Homeland Security Submit Joint Report on Impact of Foreign Interference on Election and Political/Campaign Infrastructure in 2018 ElectionsRead the Press Release
Acting Attorney General Matthew G. Whitaker and Secretary of Homeland Security Kirstjen M. Nielsen yesterday submitted a joint report to President Donald J. Trump evaluating the impact of any foreign interference on election infrastructure or the infrastructure of political organizations, including campaigns and candidates in the 2018-midterm elections.
The classified report was prepared pursuant to section 1(b) of Executive Order 13848, Imposing Certain Sanctions in the Event of Foreign Influence in a United States Election, which the President issued on Sept. 12, 2018.
Throughout the 2018 midterm election cycle, the Departments of Justice and Homeland Security worked closely with federal, state, local, and private sector partners, including all 50 states and more than 1400 local jurisdictions, to support efforts to secure election infrastructure and limit risk posed by foreign interference. Efforts to safeguard the 2020 elections are already underway.
Although the specific conclusions within the joint report must remain classified, the Departments have concluded there is no evidence to date that any identified activities of a foreign government or foreign agent had a material impact on the integrity or security of election infrastructure or political/campaign infrastructure used in the 2018 midterm elections for the United States Congress. This finding was informed by a report prepared by the Office of the Director of National Intelligence (ODNI) pursuant to the same Executive Order and is consistent with what was indicated by the U.S. government after the 2018 elections.
While the report remains classified, its findings will help drive future efforts to protect election and political/campaign infrastructure from foreign interference.
Acting Attorney General Matthew G. Whitaker Statement on the State of the Union AddressRead the Press Release
Acting Attorney General Matthew G. Whitaker issued the following statement in response to President Trump’s second State of the Union Address:
“President Trump’s speech presented a hopeful, optimistic vision for this country. An America with a secure southern border would be an America with less crime, less addiction, and better wages for working families. The Department of Justice is working every day to bring us closer to that kind of future by prosecuting criminals, interdicting drugs, and defending the rights of the American people in court. As we continue these efforts, I am hopeful that our elected leaders in Congress will come together on a bipartisan basis to support this law-and-order agenda for the good of the country.”
4 February 2019
Yucaipa Man Who Participated in ‘White Glove Bandits’ Robbery Spree Sentenced to over 200 Months in Federal PrisonRead the Press Release
SANTA ANA, California – A San Bernardino County man who participated in a series of armed robberies attributed to the “White Glove Bandits” – because the thieves wore white, latex gloves in some of the robberies – was sentenced today to nearly 17 years in federal prison.
Sheyenne Lee Parsons, 38, of Yucaipa, was sentenced to 201 months in prison by United States District James V. Selna. In addition to the prison term, Judge Selna ordered Parsons to serve four years of supervised release and pay $34,656 in restitution to the victimized banks and stores.
Parsons pleaded guilty in August to two counts of armed bank robbery and one count of using a firearm in relation to a crime of violence. But in a plea agreement, Parsons admitted to participating in three armed bank robberies and three retail store robberies – two of which were armed.
During one of the armed robberies, a father and his 7-year-old son walked into a Toys “R” Us in Redlands while Parsons and his cohorts were robbing the store. Store employees had difficulty opening the register during the robbery, so the robbers took the entire register with them.
Parsons and his co-conspirators committed the robberies between April 14, 2015, and July 21, 2015. The spree started with a failed attempt to rob a bank on April 13, 2015. In addition to the Toys “R” Us robbery, Parsons was involved in robberies of a Community Valley Bank branch in Palm Desert, a Boot Barn in Upland, a David’s Bridal in Ontario, a Wells Fargo branch in Irvine, and a Chase Bank branch in Banning. During the take-over robbery of the Wells Fargo branch on June 11, 2015, Parsons collected more than $20,000 from victim-tellers, while another robber pointed a gun at bank employees and demanded money.
“These robberies – particularly the armed robberies – terrified the employees and any customers present at the time,” prosecutors wrote in a sentencing memo filed with the court.
In 2016, Parsons was convicted in Los Angeles Superior Court of robbing a U.S. Bank branch in Culver City on April 30, 2015. Parsons is currently serving a five-year state court sentence for robbing the bank by using a demand note and wearing white gloves. The federal prison sentence imposed today will run concurrent with the portion of the state prison sentence Parsons has yet to serve.
Two other men were charged with being part of the White Glove Bandits robbery spree. The cases against them are pending.
The case against Parsons is the result of an investigation by the Federal Bureau of Investigation. During this investigation, the FBI received substantial assistance from the Redlands Police Department, the Riverside County Sheriff’s Department, the Riverside Police Department, the Los Angeles County Sheriff’s Department, the Ontario Police Department, the Culver City Police Department, the Banning Police Department, the San Bernardino Sheriff's Department, the Irvine Police Department, and the Orange County Sheriff’s Department.
The case was prosecuted by Assistant United States Attorney Vibhav Mittal of the Santa Ana Branch Office.
Willard Man Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Willard, Mo., man pleaded guilty in federal court today to his role in a conspiracy to distribute methamphetamine.
Lyndall Clarence Shive, 75, pleaded guilty before U.S. Magistrate Judge David P. Rush to participating in a conspiracy to distribute methamphetamine since Feb. 9, 2016.
The government asserts in today’s plea agreement that Shive is responsible for possessing more than 5.4 kilograms of methamphetamine during the conspiracy. Shive, who was on parole for first degree robbery and drug distribution at the time, was stopped by law enforcement officers in West Plains, Mo., on Dec. 14, 2016. A state trooper searched his vehicle and found three individual bags of methamphetamine that weighed approximately an ounce each, for a total of 82.91 grams of methamphetamine.
On Dec. 27, 2016, law enforcement officers executed a search warrant at the former Elkland, Mo., residence of co-defendant Dallas Ray Pendergrass, 71, now a resident of Willard. Officers seized approximately 25 pounds of marijuana and approximately six pounds of methamphetamine. Pendergrass admitted that Shive was his source for obtaining the methamphetamine. Pendergrass said he had been getting approximately one to two ounces of methamphetamine a week from Shive for approximately the past year (approximately 52 ounces or 1.474 kilograms). Pendergrass said he was paying $850 per ounce.
Pendergrass pleaded guilty to his role in the drug-trafficking conspiracy on Nov. 27, 2018. In a separate but related case, Phillip Duane George, 32, pleaded guilty and was sentenced to 15 years and two months in federal prison without parole.
Under federal statutes, Shive is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life 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 Abram McGull, II. It was investigated by the Drug Enforcement Administration, the South Central Missouri Drug Task Force, the Combined Ozarks Multijurisdictional Enforcement Team (COMET), the Missouri State Highway Patrol, the Kansas Highway Patrol, the Greene County, Mo., Sheriff’s Department, the Howell County, Mo., Sheriff’s Department, the Webster County, Mo., Sheriff’s Department, the West Plains, Mo., Police Department and the Mountain Grove, Mo., Police Department.
U.S. Attorney’s Office Continues to Prioritize Reducing Violent Crime During Lapse in Government FundingRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon stated today, “I am thrilled that the U.S. Attorney’s Office has been able to return to full operations this week following the lapse in government funding. I extend my heartfelt thanks to the entire team at the U.S. Attorney’s Office and to our federal law enforcement partners, the vast majority of whom worked without pay for the duration of the shutdown. They exhibited dedication, determination, and perseverance throughout this difficult period as they worked to ensure the fair and impartial administration of justice across our State. I am particularly proud of ongoing efforts to aggressively prosecute the most violent offenders who continue to unlawfully possess firearms. This office will never fail in its mission to protect the safety and security of the residents of South Carolina.”
Below is a summary of some of the matters the U.S. Attorney’s Office prosecuted during the lapse in government funding as part of the joint federal, state, and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Columbia Man Pleads Guilty to Federal Firearm and Drug Charges. Trent Jerrod Daniels, age 31, of Columbia, South Carolina, pled guilty in federal court in Columbia to being a felon in possession of a firearm and ammunition and to possession with intent to distribute marijuana.
Evidence presented in court established that on May 8, 2018 deputies with the Richland County Sheriff’s Department attempted a traffic stop after observing what they believed to be drug deals between an individual in a vehicle and others in the roadway. A high-speed chase ensued, during which the driver was observed throwing a bag out of the window of the vehicle. Ultimately, the vehicle was stopped and the driver was determined to be Daniels.
Deputies recovered the bag thrown from the vehicle and found it contained a loaded Hi-Point .380 caliber handgun, marijuana, and digital scales. Deputies also found a small quantity of crack cocaine in the vehicle and counterfeit money in Daniels’ pocket. Daniels admitted to making drug sales earlier and to throwing the bag containing the marijuana and loaded gun out of the car during the chase. A ballistics examination found that the recovered firearm had been used in a shooting during a burglary in December 2017.
Daniels, who was on state parole at the time of the instant offense, is prohibited under federal law from possessing firearms and ammunition based upon prior state convictions for burglary 2nd degree (two separate counts), use of a motor vehicle without owner’s permission, grand larceny over $1,000, but less than $5,000 (2 separate counts), strong arm robbery, and distribution of crack cocaine.
Daniels faces a maximum sentence of 10 years in federal prison and three years of court-ordered supervision on the felon in possession charge. Due to a prior felony drug offense, he faces a maximum sentence of 10 years in federal prison and four years of court-ordered supervision on the possession with intent to distribute marijuana charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department. Assistant United States Attorney Stacey D. Haynes of the Columbia office is prosecuting the case.
Gaston Man Pleads to Federal Firearm Charge Following High-Speed Chase. Jason C. Dix, age 41, of Gaston, South Carolina, pled guilty in federal court in Columbia to being a felon in possession of a firearm and ammunition.
Evidence presented in court showed that on June 8, 2018, Lexington County Sheriff’s Department (LCSD) deputies on patrol attempted a traffic stop of a vehicle driven by Dix for a traffic violation. Dix led deputies on a high speed chase – clocking as high as 104 miles per hour – before Dix ran two red lights and crashed into an uninvolved vehicle, sending two to a nearby hospital. LCSD deputies found a Ruger 9mm pistol and two firearm magazines loaded with ammunition in the vehicle driven by Dix.
Federal law prohibits Dix from possessing a firearm or ammunition based upon prior state convictions for Assault & Battery of a High & Aggravated Nature, Possession of Methamphetamine/Crack, three convictions for Breaking and Entering a Motor Vehicle, three convictions for Driving Under the Influence, Criminal Domestic Violence, Maintaining Drug Dwelling, Possession of Methamphetamine Precursors, Trafficking Methamphetamine, and two convictions for Manufacturing Methamphetamine, among others.
Dix faces a maximum sentence of 10 years in federal prison and three years of court-ordered supervision. The charge against Dix was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Lexington County Sheriff’s Department. Assistant United States Attorney Elliott B. Daniels of the Columbia office and Special Assistant United States Attorney Casey Rankin Smith of the Lexington County Solicitor’s Office are prosecuting the case.
Bennettsville Man Sentenced to Over Three Years in Federal Prison on Federal Gun Charge. Tommie Brenda McLaurin, age 36, of Bennettsville, South Carolina, was sentenced in federal court in Florence after pleading guilty to being a felon in possession of a firearm. United States District Judge R. Bryan Harwell of Florence sentenced McLaurin to 46 months in federal prison, with three years of court-ordered supervision to follow. There is no parole in the federal system.
Evidence presented to the court established that on November 17, 2016, members of various law enforcement agencies from South and North Carolina collaborated on executing a state search warrant at McLaurin’s residence in Bennettsville. McLaurin was arrested on scene for an outstanding warrant out of North Carolina and admitted to possessing a loaded Zastava pistol that was recovered from the residence. The firearm was listed as stolen. Federal law prohibits McLaurin from possessing firearms or ammunition based on prior state convictions for trafficking in cocaine and possession of a controlled substance with intent to distribute.
The charges against McLaurin were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Marlboro County Sheriff’s Office (SC), the Rockingham Police Department (NC), the Scotland County Sheriff’s Office (NC), the Richmond County Sheriff’s Office (NC), and the Florence County Sheriff’s Office (SC). Assistant United States Attorneys Everett McMillian and Lauren Hummel of the Florence office prosecuted the case.
Two Defendants Plead Guilty to Federal Charges Following Myrtle Beach Armed Robberies. Jeremy Lamar Hayes, age 29, and Kennedy Boggs, age 26, pled guilty in federal court in Florence to federal robbery and gun charges. Hayes pled guilty to two counts of Hobbs Act Robbery (robbery affecting commerce) and two counts of Brandishing a Firearm during a Crime of Violence. Boggs pled guilty to one count of Conspiracy to Commit Hobbs Act Robbery and one count of Aiding and Abetting the Brandishing of a Firearm during a Crime of Violence.
Evidence presented to the court showed that on January 29, 2018, officers from the Myrtle Beach Police Department (MBPD) responded to an armed robbery at a dry cleaner in Myrtle Beach, South Carolina. Hayes entered the location, presented a firearm, and demanded money from the register and the victim’s wallet. Hayes took money from the register, the victim’s wallet and cell phone, and the store phone and then fled in a vehicle.
The next day, MBPD officers responded to an armed robbery at a restaurant in Myrtle Beach, SC. Hayes entered the location, presented a firearm, and demanded money from the register. He took cash from the register and an employee’s cell phone. Hayes then forced employees to lay on the ground and count while Hayes exited the store and fled in a vehicle.
After the restaurant robbery, MBPD located a vehicle matching the description of the get-away vehicle. The driver, Kennedy Boggs, failed to stop, and after a pursuit, both Boggs and Hayes were detained. MBPD found in the vehicle clothing matching the description of clothing worn by Hayes during the robberies. Hayes’ fingerprint was also located at the scene of the restaurant robbery. Boggs admitted that she had driven Hayes to the robberies and that during the vehicle pursuit, the firearm was thrown out of the window. Officers later recovered the firearm.
Hayes and Boggs face a maximum penalty of life in federal prison. The charges against Hayes and Boggs were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Myrtle Beach Police Department, the Surfside Beach Police Department, the Horry County Police Department, the Randolph County Sheriff’s Office (NC), and the Guilford County Sheriff’s Office (NC). Assistant United States Attorney Lauren Hummel of the Florence office is prosecuting the case.
West Columbia Illegal Alien Sentenced to Federal Prison for Unlawfully Possessing a Firearm. Felix Martinez-Melquisdes, age 35, of West Columbia, South Carolina, was sentenced in federal court in Columbia after pleading guilty to being an illegal alien in possession of a firearm. Chief United States District Judge Terry L. Wooten sentenced Martinez to 20 months in prison, to be followed by two years of court-ordered supervision. There is no parole in the federal system.
Evidence presented to the court established that Martinez was prohibited from possessing a firearm as a Mexican citizen who had entered and was living in the United States illegally. The investigation of Martinez began as the result of email and telephone conversations Martinez had with a girl in Kentucky. The girl was about to graduate from high school and Martinez wanted to pick her up and take her to South Carolina, but she did not want to go. Martinez responded on May 12, 2018, by threatening to attend her graduation and shoot everyone there. This resulted in an arrest warrant for Terrorist Threats being issued in Kentucky. Graduation was scheduled for May 19, 2018, and agents with the South Carolina Law Enforcement Division (SLED) arrested Martinez at his job on May 16. At the time of his arrest, Martinez was carrying a loaded Glock .40 caliber pistol.
The case was investigated by agents of SLED, the Department of Homeland Security, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney William E. Day, II, of the Columbia office prosecuted the case.
Longs Man Sentenced to 15 Years in Federal Prison on Firearm Charge. Quinn Hakeem McCray, age 29, of Longs, South Carolina, was sentenced in federal court in Florence after pleading guilty to being a felon in possession of a firearm and ammunition. United States District Judge R. Bryan Harwell sentenced McCray to 15 years in federal prison, followed by five years of court-ordered supervision. There is no parole in the federal system.
Evidence presented in court established that on June 28, 2018, officers with the Horry County Police Department and the U.S. Marshals Fugitive Task Force attempting to locate McCray in reference to an outstanding arrest warrant spotted him riding as a passenger in a vehicle and conducted a traffic stop. When the vehicle came to a stop, McCray fled on foot, and police noted that he was carrying a pistol with a high-capacity magazine in his hand. After a brief foot chase, police caught up to McCray and arrested him. Federal law prohibits McCray from possessing firearms or ammunition based on his prior state convictions for possession with intent to distribute cocaine base, pointing and presenting a firearm, and strong arm robbery.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Horry County Police Department. Special Assistant United States Attorney David P. Caraker, Jr. of the 15th Circuit Solicitor’s Office prosecuted the case.
Florence Man Sentenced to Over Five Years in Federal Prison on Gun and Drug Charges. Chadrick Letran James, age 29, of Florence, South Carolina, was sentenced in federal court in Florence after pleading guilty to possession with intent to distribute controlled substances and possession of a firearm in furtherance of a drug trafficking crime. United States District Judge R. Bryan Harwell sentenced James to 63 months in federal prison with five years of court-ordered supervision to follow. There is no parole in the federal system.
Evidence presented to the court showed that on September 1, 2017, a corporal with the Florence Police Department conducted a traffic stop of the vehicle James was driving. The corporal could smell an odor of marijuana coming from both James and the vehicle. James admitted to smoking marijuana and having marijuana in the vehicle’s cup holder. A search of the vehicle also revealed a plastic bag in the driver’s side door believed to be used to package narcotics and a book bag that contained several bags of marijuana, a bottle of crack cocaine, a bag of cocaine, a set of digital scales, and a Smith and Wesson, model SW40VE, .40 caliber pistol loaded with 14 rounds of .40 caliber ammunition.
The charges against James were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Florence Police Department. Assistant United States Attorney Lauren Hummel of the Florence office prosecuted the case.
North Charleston Man Faces Federal Charges in Tavern & Table Robbery and Shooting. Brandon Lloyd Daniels of North Charleston, South Carolina, was charged in a five-count indictment arising out of the April 4, 2018, robbery of Tavern & Table, a Mt. Pleasant restaurant located on Shem Creek. The superseding indictment alleges that Daniels and another man robbed the restaurant at gunpoint and shot an employee in the back. Daniels, who was previously indicted for possessing an unregistered sawed-off shotgun and being a felon in possession of a firearm, now faces additional charges including robbery affecting interstate commerce and the discharge of a firearm in furtherance of a crime of violence. If convicted, Daniels faces a maximum penalty of up to life in federal prison.
The case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), and the Mt. Pleasant Police Department. Assistant United States Attorneys Chris Schoen, Matt Austin, and Jim May are prosecuting the case.
All charges in this indictment are merely accusations, and Daniels is presumed innocent until and unless proven guilty.
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U.S. Attorney Recognizes the Service and Sacrifice of Law EnforcementRead the Press Release
Richard W. Moore, United States Attorney for the Southern District of Alabama, takes time to stop, remember, and recognize all federal, state and local law enforcement officers and pay tribute to their service and sacrifice. Law enforcement has the difficult and dangerous task of making our communities safer, while placing their own lives and well-being at risk.
Sadly, each year many officers make the ultimate sacrifice and give their lives in performance of their duties. In the State of Alabama, three officers have been shot and killed over the past year, with two of those deaths taking place in the last month. Mobile Police Officer Sean Paul Tuder, was shot and killed on January 20, 2019 while attempting to serve an arrest warrant. Just a week before, on January 13, 2019, Sergeant Wytasha Carter of the Birmingham Police, was also shot and killed attempting to make an arrest. Last year, Mobile Police Department Officer Justin Billa was killed while assisting in the apprehension of a murderer.
We know that law enforcement is the foundation of a safe community. They work diligently each day to maintain order while risking everything for the greater good. Far too many are killed each year for simply doing their jobs. We must also never forget that it is not only the officers that deserve our respect and support, but their families as well. Officers always have our backs and we should always have theirs, including their loved ones.
“An assault on a police officer is an assault on the rule of law and our democratic principles,” said U.S. Attorney Moore. “The citizens of Alabama have an interest in helping us to get the word out that you do not shoot a police officer. That needs to start at home and in our schools. This has become a national problem that all of us need to address together.”
U.S. Attorney Keefe Announces New Management Team for the Northern District of FloridaRead the Press Release
TALLAHASSEE, FLORIDA – Lawrence Keefe, United States Attorney for the Northern District of Florida, announced today that he has installed a new management team to assist him in fulfilling his pledge to work with the women and men of our local, state, and federal law enforcement partners in the pursuit of justice for the people of North Florida and the nation.
Jeffrey Tharp will serve as the First Assistant to the U.S. Attorney. David Goldberg was appointed Senior Litigation Counsel. Nancy Hess will serve as Criminal Chief, Kathryn Drey as Civil Chief, Karen Rhew-Miller as Appellate Chief, and Eric Mountin as Deputy Criminal Chief. This group brings a wealth of experience, skill, and knowledge to the management team and looks forward to serving law enforcement and the citizens of North Florida under U.S. Attorney Keefe’s guidance.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Two Men Sentenced in Federal Court for Roles in Bi-Coastal Marijuana Distribution CaseRead the Press Release
Columbia, South Carolina --- United States Attorney Sherri A. Lydon announced today that Jeremy David Grove, 30, of Greenville, South Carolina, and Jaspal Singh Grewall, 40, of Anaheim, California, have been sentenced in federal court for their roles in a marijuana distribution and money laundering conspiracy operating between the East Coast and California. On December 12, 2017, the men were charged in a seven-count indictment with conspiracy to distribute marijuana, conspiracy to launder drug proceeds, and conspiracy to structure financial transactions.
Grove pled guilty to the marijuana distribution and money laundering conspiracies, and Grewall pled guilty to conspiracy to structure financial transactions. United States District Judge Bruce H. Hendricks sentenced Grove to 5 years in federal prison and 4 years of court-ordered supervision. There is no parole in the federal system. For his role in the offense, Grewall received a 3-year probationary sentence. A third man charged, Tyler James Durney, 36, also of Greenville, awaits sentencing.
According to U.S. Attorney Lydon, Grove and Durney devised multiple schemes to pay for and to transport, via the United States Postal Service and commercial carriers, hundreds of pounds of California-sourced high-grade marijuana to South Carolina. Beginning in November 2014, the defendants deposited and caused to be deposited hundreds of thousands of dollars in drug proceeds into “funnel” or “pass through” bank accounts held by Grewall, in amounts at or under $10,000.00 to circumvent the reporting requirement regarding cash transactions over $10,000.00.
During the guilty plea hearing, the defendants admitted using multiple bank accounts in a coordinated manner to funnel the illicit currency from South Carolina for immediate withdrawal in California. Pursuant to a plea agreement, Grewall has forfeited over $780,574.00 in cash and real property to the government.
The investigation was conducted by the Federal Bureau of Investigation, the United States Marshals Service, the United States Postal Inspector, and the Greenville City Police Department. The case is being prosecuted by Assistant United States Attorney Leesa Washington of the Greenville office.
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Two Men Indicted in “SIM Swapping” Scheme to Steal CryptocurrencyRead the Press Release
SAN FRANCISCO - A federal grand jury indicted Ahmad Wagaafe Hared and Matthew Gene Ditman with conspiracy to commit computer fraud and abuse, conspiracy to commit access device fraud, extortion, and aggravated identity theft, announced United States Attorney David L. Anderson and Federal Bureau of Investigation, Special Agent in Charge John Bennett.
According to the indictment unsealed today, Hared, 21, of Tucson, Ariz., and Ditman, 23, of Las Vegas, Nev., engaged in a scheme to obtain by fraud and extortion cryptocurrencies and other money and property owned and controlled by executives of cryptocurrency-related companies and cryptocurrency investors. The indictment alleges Hared, Ditman, and their co-conspirators used fraud, deception, and social engineering techniques to induce representatives of cellphone service providers to provide information about the SIM cards of the conspirators’ victims. A SIM card—short for Subscriber Identity Module or Subscriber Identification Module—is a technology used to identify and authenticate subscribers on mobile phone devices. The conspirators allegedly convinced the representatives of cellphone service providers to transfer or port cellphone numbers from SIM cards in the devices possessed by victims to SIM cards in devices possessed by the conspirators, a practice known as SIM swapping. The indictment further alleges that after Hared, Ditman, and others gained control of victims’ cellphone numbers, they used additional deceptive techniques to gain access to email, electronic storage, and other accounts of victims and ultimately to cryptocurrency accounts of victims. Hared, Ditman, and their co-conspirators also extorted victims of the SIM swapping scheme.
Hared was arrested in Tucson and made his initial appearance in the District of Arizona on January 31, 2019. He was released on a $100,000 bond. His next scheduled appearance is at 9:30 a.m. on February 13, 2019, before the Honorable Laurel Beeler, U.S. Magistrate Court Judge.
Ditman was arrested in Las Vegas and made his initial appearance in the District of Nevada on January 31, 2019. He was released on bond. His next scheduled appearance is at 9:30 a.m. on February 6, 2019, before Judge Beeler.
The indictment charges the defendants with the following crimes and, if found guilty, they are subject to the following maximum statutory penalties:
Count
Charge
Maximum Penalties
One
18 U.S.C. § 1030(b) – Conspiracy to Commit Computer Fraud and Abuse
Five years of imprisonment; $250,000 fine or not more than twice the gross gain or twice the gross loss; three years of supervised release; $100 special assessment; forfeiture; and restitution
Two
18 U.S.C. § 1030(a)(7) – Threatening to Damage a Protected Computer
Five years of imprisonment; $250,000 fine or not more than twice the gross gain or twice the gross loss; three years of supervised release; $100 special assessment; forfeiture; and restitution
Three
18 U.S.C. § 875(d) – Interstate Communications with Intent to Extort
Two years of imprisonment; $250,000 fine or not more than twice the gross gain or twice the gross loss; one year of supervised release; $100 special assessment; forfeiture; and restitution
Four
18 U.S.C. § 1029(b)(2) – Conspiracy to Commit Access Device Fraud
Five years of imprisonment; $250,000 fine or not more than twice the gross gain or twice the gross loss; three years of supervised release; $100 special assessment; forfeiture; and restitution
Five
18 U.S.C. § 1028A(a)(1) – Aggravated Identity Theft
Two-year mandatory minimum consecutive sentence
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Robert S. Leach is prosecuting the case with the assistance of Mimi Lam and Rebecca Shelton. The prosecution is the result of an investigation by the FBI.
Twelve people from Mahoning County indicted for conspiracy to obtain large amounts of cocaine, which they sold in and around YoungstownRead the Press Release
Twelve people from Mahoning County were indicted for their roles in a conspiracy to obtain large amounts of cocaine, which they sold in and around Youngstown.
Named in the 95-count indictment are: Kevin Clinkscale, 32; Keilan Clinkscale, 30; Rochelle Garron, 51; Jeanne George, 48; Deonne Gilbert, 35; Vernon Robinson, 45; Edward Lee DuBose Jr., 37, of Boardman; Edward Lee DuBose Sr., 58; Anthony W. Howell, 30; Jermaine Stroughter, 39; Eric T. Gilford, 27, and Troy Pollard, 35.
All the defendants live in Youngstown except DuBose Jr., who lives in Boardman.
All 12 are charged with conspiracy to possess with intent to distribute and to distribute cocaine.
The DuBoses and Gilbert face additional charges of distribution of crack cocaine. DuBose Jr. faces additional charges of distribution of heroin. Gilbert is charged with maintaining a drug premises on West Judson Avenue in Youngstown. There are additional charges for using telephones in furtherance of drug trafficking activity.
According to the indictment:
Robinson obtained cocaine and distributed it to Gilbert, who cooked some of the cocaine into crack. Gilbert distributed crack cocaine and powder cocaine to the DuBoses, Pollard, Kevin Clinkscale, Garron and Stroughter.
DuBose Jr. sold crack and powder cocaine to Howell, DuBose Sr. and Gilford.
Kevin Clinkscale sold crack and powder cocaine to Keilan Clinkscale, Garron and George.
Gilbert used a home on West Judson Avenue to store and distribute drugs.
This conspiracy took place between May and November 2017.
“These defendants sold crack and powder cocaine all over Youngstown, and used a home in the city to stash and sell their drugs,” U.S. Attorney Justin Herdman said.
“This group of dangerous drug dealers brought violence and fear to Youngstown and the surrounding communities,” said FBI Special Agent in Charge Eric B. Smith “Law enforcement agencies joined efforts and now these menacing individuals will be held accountable and our neighborhoods will be rid of their threatening criminal behavior.”
Youngstown Police Chief Robin Lees said: “This case is an example of local and federal law enforcement working together to make Youngstown safer.”
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 record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being investigated by the FBI’s Mahoning Valley Violent Crimes Task Force. It is being prosecuted by Assistant U.S. Attorney Jason Katz.
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.
Topeka Man Sentenced for Selling Stolen Guns to Undercover AgentRead the Press Release
TOPEKA, KAN. – A Topeka man was sentenced Monday to 40 months in federal prison for selling stolen guns to an undercover agent, U.S. Attorney Stephen McAllister said.
Timothy Michael Hisey, 32, Topeka, Kan., pleaded guilty to one count of unlawful possession of firearms following a felony conviction. In his plea, he admitted he sold firearms to an agent working undercover for the Bureau of Alcohol, Tobacco, Firearms and Explosives. The firearms included five shotguns and three rifles.
Hisey was prohibited from possessing firearms because of a 2016 felony drug conviction in Shawnee County District Court.
McAllister commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and Assistant U.S. Attorney Greg Hough for their work on the case.
The case was prosecuted under the Department of Justice’s Project Safe Neighborhoods initiative.
Three Cameron Residents Among Five Pleading Guilty to Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Three Cameron, Mo., residents are among five defendants who have pleaded guilty to their roles in a conspiracy to distribute methamphetamine.
Benjamin W. Clark, 26, of Cameron, pleaded guilty today before U.S. Chief Magistrate Judge Matt J. Whitworth to the charge contained in a Nov. 16, 2017, federal indictment.
Clark is the fifth defendant to plead guilty to participating in the drug-trafficking conspiracy. Co-defendant Jalie J. Brinlee, 28, of Cameron, pleaded guilty on Jan. 4, 2019. Co-defendants Felicia C. Ward, 23, of Cameron; Robert J. Keegan, 26, of Harrisonville, Mo.; and Frank E. Hundley, 34, of Kansas City, Mo.; pleaded guilty on Dec. 28, 2018. Brinlee and Keegan also pleaded guilty to possessing a firearm in furtherance of a drug-trafficking crime.
All five of the co-defendants admitted they participated in a conspiracy to distribute 500 grams or more of methamphetamine from January to May 24, 2017. Clark and Brinlee purchased methamphetamine from various suppliers and distributed it to customers in Cameron, Kansas City and elsewhere.
On May 12, 2017, Keegan was stopped by law enforcement and was found in possession of a Hi-point .40-caliber handgun and a duffel bag containing approximately 3.8 kilograms of methamphetamine.
On May 24, 2017, a trooper with the Missouri State Highway Patrol stopped Ward, who was carrying a Glock 9mm handgun in her purse. Ward had retrieved the handgun from the vehicle where Clark and Brinlee were located, and Brinlee admitted to possessing the firearm prior to transferring it to Ward. Also found in Ward's purse was approximately one kilogram of methamphetamine, which Brinlee also admitted to possessing at the time of the traffic stop.
Under the terms of their plea agreements, Clark, Brinlee and Keegan each will be sentenced to 18 years in federal prison without parole. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
Under federal statutes, Ward and Hundley each are subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life 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 defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Edwards. It was investigated by the Drug Enforcement Administration, the Belton, Mo., Police Department, the Independence, Mo., Police Department and the Jackson County Drug Task Force.
Texas Doctor Indicted for Illegally Distributing Opioids and Laundering MoneyRead the Press Release
Gulfport, Miss. – Dr. Robert A. Wiemer, 72, of Stephensville, Texas, was recently indicted by a federal grand jury in the Southern District of Mississippi, charging him with fifty-one (51) counts of distributing and dispensing controlled substances outside the scope of professional practice, one (1) count of conspiracy to do the same, six (6) counts of money laundering, and one (1) count of maintaining a premises for the purpose of illegally distributing controlled substances outside the scope of professional practice, announced U.S. Attorney Mike Hurst and DEA Assistant Special Agent in Charge Derryle Smith.
Wiemer was arrested by agents this morning and appeared before United States Magistrate Judge Robert H. Walker in Gulfport this afternoon for his arraignment on the charges.
“Physicians who violate our criminal laws by illegally dispensing dangerous drugs to our colleagues, neighbors and families are literally destroying lives and contributing to the opioid epidemic. One of the primary ways to reverse the opioid crisis is to prosecute those who illegally distribute prescription narcotics. Our office will continue to protect the public by pursuing and prosecuting doctors and others who seek to profit off addiction and the misery of others,” said U.S. Attorney Hurst.
“It is disheartening when trusted medical professionals like Dr. Robert Wiemer are charged with engaging in the diversion of controlled substances,” said DEA Assistant Special Agent in Charge Derryle Smith. “Doctors have an obligation to ensure that medications are getting into the hands of legitimate patients. The arrest of Dr. Wiemer is the result of DEA’s continued commitment to hold accountable those who participate in illegally dispensing pharmaceuticals in our communities.”
According to the indictment, Dr. Wiemer was writing prescriptions for opiate pain killers, benzodiazepenes, and carisoprodol without a legitimate medical purpose outside the scope of professional practice. The indictment further alleges that he was laundering the funds derived from his illegal business.
The defendant is scheduled for trial on March 11, 2019, before U.S. District Judge Sul Ozerden in Gulfport.
The maximum penalty varies by count from not more than five years to not more than twenty years per count in prison and between a $250,000 fine and $1,000,000 fine per count.
The indictment also contains a forfeiture allegation and seeks to forfeit any proceeds and property involved in or traceable to the criminal activity and any and all property used to facilitate the unlawful activity, if convicted.
The charges are the result of an investigation by the Drug Enforcement Administration Tactical Diversion Squad. The case is being prosecuted by Assistant United States Attorney John Meynardie, Chief of the Narcotics Section of the U.S. Attorney’s Office.
The public is reminded that a criminal indictment is a formal charge against a defendant. It is merely an accusation and the defendant is presumed innocent unless and until proven guilty in a court of law.
State Assemblyman, Lobbyist, Indicted on Bribery ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned a six count indictment charging New York State Assemblyman Joseph A. Errigo, 79, of Conesus, NY, and Lobbyist Robert Scott Gaddy, 48, of Albany, NY, with conspiracy, receiving a bribe concerning programs receiving federal funds, honest services wire fraud, and using a facility in interstate commerce to carry on and facilitate unlawful activity. Defendant Gaddy is also charged with agreeing to pay a bribe concerning programs receiving federal funds and offering and paying a bribe concerning programs receiving federal funds. The charges carry a maximum possible sentence of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the indictment and a previously filed complaint, Gaddy, a lobbyist registered with the State of New York, owns and operates the lobbying firm Excelsior Advocates, LLC. At various times, Excelsior Advocates maintained lobbying contracts with the Rochester Genesee Regional Transportation Authority, and the Rochester City School District.
During an investigation into allegations of fraud and corruption involving a large re-development project in the City of Rochester, the FBI identified potential corrupt acts by Gaddy and various public officials. As a result, Special Agents began an investigation into the relationship between Gaddy and Assemblyman Errigo.
Working with an individual known to the FBI, Special Agents arranged for that individual to approach Gaddy about paying a bribe to Member A, a member other than Errigo, in order to introduce certain legislation.
On September 4, 2017, the individual met with Gaddy who and stated that he represented a wealthy client who wanted to stop the proposed development in Monroe County and was willing to pay $15,000 in order to do so. The defendant responded, “Yeah . . . yeah, no problem.” Over the next few weeks, the individual met with Gaddy to discuss and plan the bribery scheme, including the roles of Assemblyman Joseph Errigo and Member A.
On February 9, 2018, Gaddy arranged for a meeting between the individual and Errigo at Errigo’s Pittsford, NY office. During that meeting, the individual gave $1,500 cash to Errigo and $2,500 to Gaddy. On March 16, 2018, the individual gave Errigo another $2,000.
On March 27, 2018, Errigo introduced a bill consisting of the proposed legislation, which was assigned bill number A10227. The individual paid Gaddy another $2,000. On April 13, 2018, the individual paid Errigo another $2,000.
The individual paid Errigo and Gaddy a total of $10,500 to obtain the introduction of proposed legislation in the New York State Assembly, and begin the process of obtaining passage of a State law.
Errigo and Gaddy used cellular telephones and the internet to carry out their bribery activities.
Gaddy was arraigned this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on conditions. Assemblyman Errigo will be arraigned on February 5, 2019, at 9:00 a.m. before Judge Payson.
“Citizens deserve to have representatives who act in the public’s interest, not for their own personal financial gain,” stated U.S. Attorney Kennedy. “Today’s indictment represents one way to continue to remind those who seek to undertake legislative acts in exchange for the payment of bribes and in hopes of personal financial gain of what laws that exist for the public interest provide.”
“Bribery crimes are fueled by greed and power,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “When a person or group can simply buy legislation from a public official, it corrupts our system of government, and the community and constituents pay the price.”
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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St. Lucie County Resident Sentenced for Falsely Claiming Veteran Status and Theft of Government BenefitsRead the Press Release
A St. Lucie County resident was sentenced in federal court, on January 28, 2019, for falsely claiming to be a veteran of the U.S. Armed Forces, in order to apply for employment and obtain free medical services.
Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, David Spilker, Special Agent in Charge, U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division (VAOIG CID), Southeast Field Office, and John A. Bolduc, Chief, Port St. Lucie Police Department, made the announcement.
On November 9, 2018, Edward Louis Liroff, 47, of St. Lucie County, pled guilty to theft of government property and making false claims of military accomplishments (Case No. 18-14049-CR). U.S. District Judge Robin L. Rosenberg sentenced Liroff to four years’ probation and ordered him to pay over $4,000 in restitution.
According to the court record, including an agreed upon factual proffer, in March of 2018, Liroff submitted two job applications with the city of Port St. Lucie, claiming to be a decorated military combat veteran, in order to obtain veteran’s preference in hiring. As proof of his veteran’s status, Liroff presented a fraudulent and forged DD Form 214 “Certificate of Release and Discharge From Active Duty,” which is the document the U.S. Department of Defense issues upon a military service member's retirement, separation, or discharge from active duty in the U.S. Armed Forces. Liroff supplemented his application with a resume, claiming to be a highly decorated retired U.S. Army Ranger, Combat Medic and Recruiter, holding a top-secret security clearance.
In addition, in January of 2013, Liroff used the same fraudulent DD Form 214 and claimed, to the U.S. Department of Veteran Affairs, that he was awarded numerous Army medals, including two Purple Hearts, the Silver Star, the Bronze Star, Legion of Merit, and an Air Medal for Valor. As a result of his false representation of being a Purple Heart recipient, Liroff received free health care benefits from the VA, in excess of $4,000, including prescriptions, outpatient and inpatient services. A Purple Heart recipient receives medical treatment priority, and is never responsible for a copay for medical treatment.
In truth and fact, Liroff never served in the U.S. military.
U.S. Attorney Fajardo Orshan commended the investigatory efforts of the VAOIG-CID and the Port St. Lucie Police Department in this matter. This case was prosecuted by Assistant U.S. Attorney Carmen Lineberger.
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.
St. Francis Woman Sentenced for Simple Assault of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Simple Assault of a Minor was sentenced on January 31, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was sentenced to 9 months and 18 days in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Red Kettle was indicted by a federal grand jury on June 12, 2018. She pled guilty on January 31, 2019.
The conviction stemmed from an incident that occurred on April 6, 2018, wherein Red Kettle threw her infant child on a bed in frustration, causing the child’s head to strike a wall.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Kettle was immediately turned over to the custody of the U.S. Marshals Service.
South Bay Resident Pleads Guilty to Money Laundering and Witness Tampering in Connection with Scheme to Sell Stolen Computer PartsRead the Press Release
SAN JOSE – Kenneth Tam pleaded guilty today to money laundering and witness tampering in connection with a scheme to sell stolen computer parts announced United States Attorney David L. Anderson and Special Agent in Charge of the Internal Revenue Service, Criminal Investigation (IRS-CI), Kareem Carter. The plea was accepted by the Honorable Edward J. Davila, U.S. District Judge.
According to the plea agreement, Tam, 59, formerly of San Jose, admitted that from January 2006 through July 2010, he was an employee of a San Francisco Bay Area manufacturer of computer parts. During that period, and until at least the end of 2010, Tam knowingly obtained stolen merchandise from his employer and sold it to his co-conspirator, Cuong Cao Dang. Dang owned a company whose business was overwhelmingly that of buying and selling merchandise stolen from Tam’s employer. Tam admitted that in most instances, he would take cash from Dang as payment for delivery of stolen computer parts. Tam further admitted that he would deposit the proceeds from the stolen equipment into accounts owned by a foreign national who had given Tam power-of-attorney over the accounts.
Tam’s plea agreement describes various aspects of the money-laundering scheme. For example, on February 3, 2010, Dang provided Tam with a check for $500,000 made out to the foreign national whose name Tam was using as the nominal owner of the accounts. The check was provided to Tam for payment of previously provided stolen parts, as well as in pre-payment for additional stolen parts that Tam planned to provide. Nevertheless, Tam instructed Dang to write “loan” on the memo line of the check; this was an effort to disguise the true purpose of the payment. Then, after Tam learned there was an investigation into Dang’s company, Tam gave Dang a backdated check for $500,000 to make it appear as though a loan was made and re-paid.
Tam also admitted various aspects of his scheme to tamper with witnesses. For example, Tam told Dang that he would lie to his employer and to any investigators about his knowledge and involvement with Dang and Dang’s company. Tam also contacted the foreign national who owned the accounts in which Tam deposited the funds from the stolen equipment; Tam provided the foreign national with a false cover story to use if she was contacted by law enforcement agents investigating the accounts.
On October 26, 2017, a federal grand jury handed down a superseding indictment charging Tam with two counts of witness tampering, in violation of 18 U.S.C. § 1512(b)(1), as well as one count each of conspiracy to commit mail fraud, in violation of 18 U.S.C. 1349; money laundering, in violation of 18 U.S.C. § 1956; structuring financial transactions, in violation of 31 U.S.C. § 5324(a)(1) and (a)(3); making a false statement to government agents, in violation of 18 U.S.C. § 1001; and contempt, in violation of 18 U.S.C.§ 401(3). Tam pleaded guilty to one count of money laundering and one count of witness tampering. The remaining counts will be dismissed at sentencing if Tam complies with the terms of the plea agreement.
Judge Davila scheduled Tam’s sentencing for May 6, 2019. Tam faces a maximum sentence of 20 years of imprisonment, and a fine of $500,000 for the money laundering count and a maximum sentence of up to $250,000 for the witness tampering count. However, the court will consider the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553, prior to imposing a sentence.
On December 11, 2015, Dang pleaded guilty for his role in the scheme and on October 31, 2017, Judge Davila sentenced Dang to 90 months in prison to be followed by three years of supervised release.
Assistant United States Attorneys Amie Rooney and Robert Leach are prosecuting the case with the assistance of Lakisha Holliman and Elise Etter. The prosecution is the result of an investigation by the IRS-CI and the Santa Clara REACT Task Force.
Sixteen Previously Deported Aliens Charged with Illegal ReentryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that sixteen previously deported aliens were indicted separately on January 16 and 30, 2019, by a federal grand jury for illegal reentry into the United States. These matters arose in counties throughout the District including Adams, Cumberland, Dauphin, Lackawanna, Lebanon, and York.
According to United States Attorney David J. Freed, Juan Conrado Gonzalez-Martinez, age 47, of Mexico, was previously deported from the United States to Mexico six times, the most recent being in August 2012. He is alleged to have illegally reentered the United States again sometime after August 2012, and was found in the United States in Lackawanna County, Pennsylvania after eluding examination or inspection by immigration officers.
Isaias Flores-Lagunes, age 30, of Mexico, was previously deported from the United States to Mexico in October 2016. He is alleged to have illegally reentered the United States sometime after October 2016, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Teresa Cruz-Campos, age 51, of Mexico, was previously deported from the United States to Mexico in December 2012. He is alleged to have illegally reentered the United States sometime after December 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Oscar Virgen-Mejia, age 36, of Mexico, was previously deported from the United States to Mexico in November 2018. He is alleged to have illegally reentered the United States sometime after November 2018, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Martin Cuellar-Perez, age 34, of Mexico, was previously deported from the United States to Mexico in September 2009. He is alleged to have illegally reentered the United States sometime after September 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Ermes Alexander Diaz-Nolasco, age 34, of El Salvador, was previously deported from the United States to El Salvador in November 2017. He is alleged to have illegally reentered the United States sometime after November 2017, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Adelmo Morales-Deleon, age 36, of Guatemala, was previously deported from the United States to Guatemala in May 2013. He is alleged to have illegally reentered the United States sometime after May 2013, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Antonio Diego Cerano, age 44, of Mexico, was previously deported from the United States to Mexico in April 2010. He is alleged to have illegally reentered the United States sometime after April 2010, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Jesus Flores-Hernandez, age 27, of Mexico, was previously deported from the United States to Mexico in May 2014. He is alleged to have illegally reentered the United States sometime after May 2014, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Estela Lento-Santiago, age 30, of Mexico, was previously deported from the United States to Mexico in December 2018. He is alleged to have illegally reentered the United States sometime after December 2018, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Benito Ruiz-Quiroz, age 40, of Mexico, was previously deported from the United States to Mexico in April 2010. He is alleged to have illegally reentered the United States sometime after April 2010, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Enoe Davila-Tenorio, age 43, of Mexico, was previously deported from the United States to Mexico in February 2016. He is alleged to have illegally reentered the United States sometime after February 2016, and was found in the United States in Lebanon County, Pennsylvania after eluding examination or inspection by immigration officers.
Apolonio Robles-Jimenez, age 60, of Mexico, was previously deported from the United States to Mexico in July 2013. He is alleged to have illegally reentered the United States sometime after July 2013, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Pedro Meza-Martinez, age 30, of Mexico, was previously deported from the United States to Mexico in April 2010. He is alleged to have illegally reentered the United States sometime after April 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Jose Refugio Gonzalez-Bonilla, age 25, of Mexico, was previously deported from the United States to Mexico in July 2013. He is alleged to have illegally reentered the United States sometime after July 2013, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers.
Mario Ruiz-Ruiz, age 30, of Mexico, was previously deported from the United States to Mexico in April 2010. He is alleged to have illegally reentered the United States sometime after April 2010, and was found in the United States in Adams County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, defendants face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
These cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney James T. Clancy is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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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Silver Springs Man Going to Prison for over 16 Years Following Conviction on Child Pornography ChargeRead 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 Ronald Caryl, 26, of Silver Springs, NY, who was convicted of conspiracy to produce child pornography, was sentenced to serve 200 months in prison and 20 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Aaron J. Mango and Stephanie O. Lamarque, who handled the case, stated that on February 14, 2017, the defendant began communicating on MeetMe.com, a social networking service, with a 23-year-old woman in Nashville, Tennessee. During the conversation, the two began to discuss Caryl providing the woman with $300 to have sex with her. The woman wrote, “just $300 and u do what u want to me.” The defendant replied, “do you have a young girl who could join I’ll pay more...you into young girls”? The woman responded, “as long as they r 18 and older,” to which Caryl replied, “Ya I meant younger I’ll pay 6000.” The woman replied, “I can’t put things in her mouth she gets sick she’s disabled.” The defendant went on to say, “show me your daughter,” and then the woman allegedly sent a picture to the defendant. Caryl continued to press the woman to send naked pictures of her one-year-old daughter.
The victim’s mother was prosecuted by the United States Attorney’s Office in the Middle District of Tennessee. She has pleaded guilty and is awaiting sentencing in federal court in Tennessee.
A MeetMe.com staff member identified the possible endangerment of a minor and illegal content and notified the National Center for Missing and Exploited Children (NCMEC) who in turn notified the Federal Bureau of Investigation.
“The depravity of the conduct by both the defendant and the disabled infant’s mother is unthinkable,” stated U.S. Attorney Kennedy. “Child predators, such as the defendant, belong in cages so they cannot continue to victimize children. Parents, such as the victim’s mother, who fail to wrap their arms around their children in order to protect them in the face of such predators, deserve to have those arms handcuffed behind their back.”
The sentencing is the result of an investigation by the Federal Bureau of investigation, under the direction of Special Agent-in-Charge Gary Loeffert. Additional assistance was also provided by the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, the Cheektowaga Police Department, under the direction of Chief David J. Zack, and the Niagara County Sheriff’s Office, under the direction of Sheriff James R. Voutour.
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Seventeen Individuals, Including Several Members of the Pagans Motorcycle Club, Plead Guilty for Conspiring to Distribute MethamphetamineRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces guilty pleas by the following individuals in four separate cases:
United States v. Barbara Caylor-Hernandez et al., Case No. 6:18-cr-184-Orl-37TBS
Name Age/City Date of Plea Pleaded Guilty to the Following ChargeBarbara Caylor-Hernandez
a/k/a “Barb”
a/k/a “Barbie”
47, Ormond Beach
1/9/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Ramiro Fraire-Chavarria
44, Dalton, GA
1/29/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Michael Babin
47, Daytona Beach
1/20/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Melanie Kerr
28, Daytona Beach
1/30/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Keith Simmons
41, Oak Hill
1/16/2019
Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.
Carla Ray
51, Oak Hill
1/29/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Spencer Burkard
49, New Smyrna Beach
1/31/2019
Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.
Robert Foster
357, St. Augustine
1/24/2019
Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.
Daniel Barbarino
54, Daytona Beach
1/28/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Andrew Shettler
a/k/a “Yeti”
33, Palm Coast
1/30/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Brian Burt
a/k/a “Sledge”
47, Port Orange
1/16/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Lawrence Sann
55, Bunnell
1/25/2019
Conspiracy to distribute 5 grams or more of methamphetamine.
United States v. Keith Kirchoff et al., Case No. 6:18-cr-183-Orl-37DCI
Name Age/City Date of Plea Pleaded Guilty to the Following ChargeAndrew Shettler
a/k/a “Yeti”
33, Palm Coast
1/30/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Michael Andrews
a/k/a “Clutch”
33, Palm Coast
1/29/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
United States v. Cindy Bledsoe et al., Case No. 6:18-cr-182-Orl-37KRS
Name Age/City Date of Plea Pleaded Guilty to the Following ChargeJason Stringer
38, Daytona Beach
1/29/2019
Conspiracy to distribute 5 grams or more of methamphetamine.
Michael Andrews
a/k/a “Clutch”
33, Palm Coast
1/29/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
United States v. Salvador Rivas et al., Case No 6:18-cr-213-Orl-37TBS
Name Age/City Date of Plea Pleaded Guilty to the Following ChargeSalvador Rivas
a/k/a “Shadow”
29, Jacksonville
1/31/2019
Conspiracy to distribute 5 grams or more of methamphetamine.
Melissa Ford
35, Daytona Beach
1/28/2019
Conspiracy to distribute 50 grams or more of methamphetamine and distribution of 50 or more grams of methamphetamine.
Theodore Bilski
53, Daytona Beach
1/29/2019
Conspiracy to distribute 50 grams or more of methamphetamine.
Caylor-Hernandez, Fraire-Chavarria, Babin, Kerr, Simmons, Ray, Burkard, Foster, Barbarino, Burt, Shettler , Andrews, Rivas, Ford, and Bilski each face a maximum penalty of life in federal prison. Sann and Stringer each face a maximum penalty of 40 years in federal prison. A sentencing date has not yet been set.
According to court documents, in April 2017, the FBI, and later the DEA, began an investigation into the drug trafficking organizations (DTO) that had supplied motorcycle clubs, including the Pagans Motorcycle Club, operating in the Middle District of Florida with distribution amounts of methamphetamine.
During the investigation, law enforcement learned that Caylor-Hernandez was one of the leaders of a DTO distributing kilogram amounts of methamphetamine to other DTOs and individuals located in central Florida. Members of the Caylor-Hernandez DTO transported methamphetamine from Georgia to various cities in central Florida, including St. Augustine, Holly Hill, and Daytona Beach, for further distribution.
One of the members of the Caylor-Hernandez DTO, Kerr, then distributed the methamphetamine to Burt and Shettler. At the time, Burt was a member of the Pagans’ Mother Chapter, a group of 13 members that direct the Pagans’ criminal activities throughout the United States. Shettler was a member of the Thunderguards Motorcycle Club, a club affiliated with the Pagans.
Law enforcement also learned that Andrews, who was the sergeant-at-arms or enforcer for the local Pagans’ chapter located in Daytona Beach, received distribution amounts of methamphetamine from several sources, including a DTO operating in both Georgia and central Florida. That DTO transported large amounts of methamphetamine from Georgia to central Florida for further distribution.
These cases were investigated by the FBI, DEA, the Volusia Bureau of Investigation, the Volusia County Sheriff’s Office, and the Daytona Beach Police Department. It is being prosecuted by Assistant United States Attorney Sean P. Shecter.
Sandy Child Molester Sentenced to over 18 Years in Federal Prison for Online Enticement and Child Pornography OffensesRead the Press Release
PORTLAND, Ore.—Larry Lewis Hudson, 46, of Sandy, Oregon, was sentenced today to 220 months in federal prison for the attempted enticement of children online and possession and distribution of child pornography. Upon completion of his prison sentence, Hudson will be on supervised release for 20 years, during which he will be subject to stringent conditions of supervision, including a requirements that he participate in and complete sex offender treatment, and that he register as a sex offender.
“This defendant has now been convicted twice for exploiting and abusing children,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “His first prison sentence was not enough to deter him from victimizing more children. This 18-year sentence will do just that—protect our most vulnerable community members from a known predator.”
According to court documents, Hudson’s crimes were identified by independent law enforcement investigations conducted by agencies in four different states.
The earliest began in July 2015, when a father in Louisiana reported that a person using the name “Brian Johnson” had exchanged sexually explicit messages with and received at least one explicit photo from his 13-year-old daughter using the Kik Messenger mobile application. Later, in January 2016, a mother in Illinois called police after learning that her developmentally disabled 16-year-old daughter had sent explicit images of herself to “Brian Johnson” using Kik. In March 2016, a detective in Arizona who was posing online as a 15-year-old girl was contacted by “Brian Johnson” who claimed to be a 22-year-old living in Sandy. A few days after that exchange, “Brian Johnson” contacted an investigator in Texas posing online as a 14-year-old girl from Georgia. Hudson was later identified as the person calling himself Brian Johnson.
During online exchanges with the two detectives, Hudson repeatedly engaged in sexually explicit conversations, sent them child pornography and asked them if they would engage in the depicted sex acts with him. He asked them for explicit images of themselves, told the detective in Arizona that he planned to move there and asked if she would get together with him to have sex.
On March 29, 2017, FBI agents executed a federal search warrant at Hudson’s residence in Sandy. They seized a number of electronic devices including two cell phones. A forensic examination of the phones revealed 49 explicit images depicting children engaged in sexual acts with adults, including many of the images Hudson sent to the detectives. Hudson later admitted to using the “Brian Johnson” alias and sending sexually-explicit materials to minors.
Hudson pleaded guilty to one count each of attempted online enticement of a minor, distribution of child pornography and possession of child pornography on July 17, 2018.
In December 2000, Hudson was convicted in Clackamas County Circuit Court of unlawful sexual penetration with a foreign object and first degree sexual abuse after repeatedly molesting a girl under 12 over a seven month period. Hudson was sentenced to and served three years in prison. His prison sentence was followed by a 10-year term of post-prison supervision during which he repeatedly violated his supervision conditions.
The FBI investigated this case. It was prosecuted by Assistant United States Attorney Gary Y. Sussman, Project Safe Childhood Coordinator for the District of Oregon.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The FBI’s Child Exploitation Task Force (CETF) conducts sexual exploitation investigations – many of them undercover – in coordination with other federal, state, and local law enforcement agencies. The Portland FBI’s CETF consists of agents and task force officers from the Beaverton Police Department, Portland Police Bureau, Tigard Police Department, Hillsboro Police Department, and the Clackamas County Sheriff’s Office. The FBI’s CETF is committed to locating and arresting those who prey on children as well as recovering underage victims of sex trafficking and child exploitation.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at www.fbi.gov/tips.
Rosebud Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jonathan Anthony Jones, a/k/a D.J. Jones, age 29, was indicted on January 22, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 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 November 16, 2018, Jones did forcibly assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved the use of a dangerous weapon.
The charge is merely an accusation and Jones 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 Kirk Albertson is prosecuting the case.
Jones was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rockingham Man Sentenced to 54 Months Imprisonment for Conspiracy to Distribute Heroin and Fentanyl and Unlawful Possession of FirearmsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Randy Holmes, 28, of Rockingham, Vermont, was sentenced on January 18, 2019, to 54 months imprisonment by United States District Court Chief Judge Geoffrey Crawford, in U.S. District Court in Burlington, Vermont. Judge Crawford also sentenced Holmes to a three-year period of supervised release by the U.S. Probation Office, which begins when Holmes is released from prison. Finally, the Court ordered the forfeiture of $34,000 of drug proceeds seized from Holmes.
Holmes previously pled guilty to conspiracy to distribute heroin and fentanyl and possession of firearms by a felon. Holmes agreed to the 54-month sentence. Holmes was facing a maximum sentence of twenty years imprisonment for the drug conspiracy and ten years imprisonment for the firearms offense.
According to court records, Holmes admitted that from March 2017 to March 2018, he conspired with others to sell heroin and fentanyl in the Springfield, Vermont area. On March 22, 2018, the Vermont State Police Drug Task Force and the Springfield Police Department executed a search warrant at Holmes’ residence on Randall Hill Road in Rockingham, Vermont. Law enforcement seized approximately 400 bags containing heroin and fentanyl, ten firearms, over 100 marijuana plants, and $34,000 in cash drug proceeds. The average weight for a “bag” of heroin is approximately 24 milligrams.
The Vermont Drug Task Force investigation revealed that Holmes was selling bags of a heroin/fentanyl mixture that were stamped “Hardball” and “Renegade.” In early 2018, heroin/fentanyl bags stamped “Renegade” were prevalent in Windsor and Windham Counties and were linked to several overdoses, both fatal and non-fatal.
This matter was investigated by the Vermont State Police Drug Task Force, Troopers from the Westminster Barracks, the Springfield Police Department, and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joe Perella. Holmes is represented by David McColgin, Esq. of the Federal Defenders Office in Burlington.
Rochester Woman Sentenced to 21 Months in Prison for Assisting in Fentanyl TransactionRead the Press Release
CONCORD - Tasha Loaiza, 25, of Rochester, was sentenced to 21 months in prison for aiding and abetting the distribution of fentanyl, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, on April 17, 2018, Loaiza met with a cooperating individual and directed the individual to an address in Manchester, New Hampshire. There, Loaiza introduced the cooperating individual to a third person, from whom the individual bought a quantity of fentanyl.
Loaiza previously pleaded guilty on November 5, 2018.
“Fentanyl traffickers distribute a lethal substance that endangers the health and safety of all of our citizens” said U.S. Attorney Murray. “The FBI has done an excellent job of advancing efforts to combat this menace. We will continue to coordinate with FBI agents and all of our law enforcement partners to stop the flow of illegal drugs.”
“Fentanyl is the #1 cause of drug-related deaths in New Hampshire, and the FBI will continue to use every resource available to identify individuals like Ms. Loaiza who are contributing to the opioid crisis by facilitating the sale of this deadly drug,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division.
This matter was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
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Rapid City Man Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joseph Briseno, age 41, was sentenced on January 28, 2019, to 60 months in federal prison, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Briseno was indicted for the charge by a federal grand jury on August 22, 2017. The conviction stems from Briseno inappropriately touching his stepdaughter between 2013 and 2016.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Briseno was immediately turned over to the custody of the U.S. Marshals Service.
Randallstown Man Sentenced to 35 Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
Baltimore, Maryland – On February 1, 2019, U.S. District Judge George L. Russell, III sentenced Kenneth M. Smith, age 40, of Randallstown, Maryland, to 35 years in federal prison, followed by a lifetime of supervised release, for two counts of sexual exploitation of a child in which Smith sexually abused a young boy and took photographs on his phone documenting the abuse. Judge Russell ordered that, upon his release from prison, Smith must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Acting Special Agent in Charge Cardell Morant of ICE Homeland Security Investigations; Chief Terrence B. Sheridan of the Baltimore County Police Department; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and State’s Attorney Scott Shellenberger of the Baltimore County State’s Attorney’s Office.
According to his plea agreement and other court documents, on September 8, 2015, an electronic communications service reported to the National Center for Missing and Exploited Children (“NCMEC”) that one of its users had uploaded an image of known child pornography and that user’s account was related to others associated with Smith. It was determined that Smith’s account was active on an image-sharing website that contains child pornography and erotica. The IP address used to access the account was assigned to Smith’s mother’s residence in Randallstown, Maryland, where he was living at the time.
On October 12, 2015, the Baltimore County Police Department executed a search warrant at the residence and discovered Smith’s laptop, which was powered on and had an anonymous file-sharing platform open on the screen. The file-sharing program was active and downloading child pornography files. A downloads folder was also open and contained numerous files of child pornography.
During an interview with investigators, Smith admitted to sexually abusing a young boy when he was between five and eight years old, and taking pictures of the abuse with his smartphone. Investigators located the photographs of Smith engaged in sexually explicit conduct with the boy. Smith further admitted to engaging in sexual activity with two other minors, including a young girl in Washington County, Maryland. In September 2017, Smith was convicted after a trial in Washington County Circuit Court for a third-degree sex offense, and for unnatural or perverted practice. The minor victim was required to testify at the trial. In November 2017, Smith was sentenced to 16 years in state prison on those charges. Smith’s federal sentence will be served concurrent to his state sentence.
Investigators recovered thousands of other videos and images of children being sexually abused, including images and videos of the rape of children, including infants and toddlers. Smith also used his e-mail accounts to send and receive child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI, HSI, the Baltimore County Police Department, the Maryland State Police, the Baltimore County State’s Attorney’s Office, the Washington County State’s Attorney’s Office, and the Washington County Sheriff’s Office for their work in the investigation. Mr. Hur thanked Assistant U.S. Attorneys Zachary A. Myers and Jeffrey J. Izant, who prosecuted the case.
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Raleigh Man Sentenced to 8 Years on Firearm Charge Following Shooting IncidentRead the Press Release
NEW BERN — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan sentenced Lafiamma Deonte Diboh, 31, of Raleigh to 96 months’ imprisonment, followed by 3 years of supervised release. DIBOH pled guilty to one count of possession of a firearm by a convicted felon on September 11, 2018.
In the early morning hours of January 29, 2017, Raleigh Police Department (RPD) officers responded to a disturbance call on Bragg Street in Raleigh. There, they found a woman standing in the middle of the street holding a towel to a laceration over her eye. The investigation revealed that earlier that night, the woman had gotten into a verbal altercation with the defendant’s girlfriend in a nearby apartment. DIBOH had violently intervened by pointing a handgun at the woman. When the woman pushed the gun away, DIBOH struck her four times in the face with the gun’s handle and dragged her outside of the apartment. Once outside, he again pointed the gun at her, then lowered the gun and fired a round. The gunshot grazed the woman’s leg, requiring minor medical attention. Officers at the scene recovered the shell casing.
Three days later, on February 1, 2017, an RPD officer was conducting a patrol in the South Park Community in Raleigh. At around 2:00 a.m., he noticed a large number of individuals loitering in an area known for gang and drug activity. As the officer approached, one man, later identified as DIBOH, walked away into an apartment complex, which had placed multiple complaints to the Raleigh Police Department regarding trespassers. The officer approached to question DIBOH. As he did, DIBOH pushed the officer in the chest and fled on foot. During a brief chase, prior to being apprehended, DIBOH tossed aside a loaded .380 caliber handgun. Law enforcement subsequently test fired the firearm to analyze its shell casings, finding them to match the shell casing from the January 29, 2017, shooting incident on Bragg Street.
This case was prosecuted under the Project Safe Neighborhoods (PSN) strategy. 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.
That effort has been implemented through the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Jake D. Pugh and Daniel Smith represented the government.
Pittsburg residents sentenced for transporting more than 15 pounds of cocaine through Calcasieu ParishRead the Press Release
LAFAYETTE, La. – United States Attorney David C. Joseph announced that a man and woman from Pittsburgh were sentenced last week for transporting cocaine through Calcasieu Parish.
Joseph Wilbon, 52, and Marva L. Flenory, 59, both of Pittsburgh, Pennsylvania, were sentenced on January 31, 2019 to 78 months and 57 months in prison, respectively, by U.S. District Judge S. Maurice Hicks Jr. for possession with intent to distribute a controlled substance. They were also sentenced to three years of supervised release. According to the July 19, 2018 guilty pleas, Louisiana State Police pulled over the vehicle Wilbon was driving on June 8, 2016 in Calcasieu Parish. Wilbon and his passenger, Flenory, were traveling east at the time. The trooper searched the vehicle and found a large red suitcase, which contained six brick-like bundles of cocaine totaling 15.96 pounds.
Homeland Security Investigations and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth is prosecuting the case.