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25 October 2018
Former Leader of Kenyan Organized Crime Family and His Brother Plead Guilty to Narcotics, Weapons, and Obstruction OffensesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York announced that BAKTASH AKASHA ABDALLA, a/k/a “Baktash Akasha,” and IBRAHIM AKASHA ABDALLA, a/k/a “Ibrahim Akasha,” pled guilty yesterday in Manhattan federal court to conspiring to import and importing heroin and methamphetamine, conspiring to use and carry machineguns and destructive devices in connection with their drug-trafficking crimes, and obstructing justice by paying bribes to Kenyan officials in an effort to avoid being extradited to the United States. The defendants were provisionally arrested in Kenya on November 9, 2014, after providing 99 kilograms of heroin and two kilograms of methamphetamine during the course of the investigation to confidential sources acting at the direction of the Drug Enforcement Administration (“DEA”). Their bribery scheme was thwarted on January 29, 2017, when the defendants were expelled from Kenya and DEA agents brought them to the United States for prosecution. The defendants pled guilty today before U.S. Magistrate Judge Katharine H. Parker, and they will be sentenced by U.S. District Judge Victor Marrero.
Manhattan U.S. Attorney Geoffrey S. Berman said: “Baktash Akasha Abdalla and his brother, Ibrahim Akasha Abdalla, were the leader and deputy of a sophisticated international drug trafficking network, responsible for tons of narcotics shipments throughout the world. Not only did they manufacture and distribute narcotics for over two decades, they kidnapped, beat, and murdered others who posed a threat to their enterprise. When the brothers encountered legal interference, they bribed Kenyan officials — including judges, prosecutors, and law enforcement officers—in an effort to avoid facing the charges against them in the United States. Today’s pleas put two of the most prolific drug traffickers in the world out of business, and ensure that tons of dangerous narcotics will never reach our shores.”
According to the Superseding Indictment, other court filings, and statements made during court proceedings[1]:
The defendants operated a sprawling and lucrative international drug business, which involved the distribution of multi-ton quantities of narcotics including hashish, ephedrine, methamphetamine, and methaqulone—a Schedule I controlled substance commonly referred to in Europe, South Africa, and elsewhere as “Mandrax” or “mandies,” and in the United States as “Quaaludes.” For almost two decades, BAKTASH AKASHA ABDALLA acted as the leader of the Akasha Organization, and IBRAHIM AKASHA ABDALLA functioned as his brother’s deputy. The defendants engaged in acts of violence to protect the reputation of the Akasha Organization and their drug-trafficking business. For example, in 2014, the defendants kidnapped and assaulted a rival drug trafficker in Kenya named David Armstrong. The defendants helped orchestrate the murder in South Africa of an associate of Armstrong, who was known as “Pinky” and was shot approximately 32 times in the street. The defendants subsequently participated in an altercation at a public shopping mall in Kenya with an Armstrong associate named Stanley Livondo, during which IBRAHIM AKASHA ABDALLA threatened Livondo with a pistol in the mall.
By early 2014, the defendants and other members of the Akasha Organization were working to import ton quantities of methaqualone precursor chemicals into Africa in order to fuel the production of the illicit pills in South Africa. The defendants used the proceeds of their methaqualone-related business to pursue other illegal ventures, including efforts to import ephedrine that was produced illegally by Avon Lifesciences in India, so that the Akasha Organization and others could manufacture methamphetamine in Africa. In connection with these methamphetamine-production efforts, the defendants aligned the Akasha Organization and other associates with co-defendant MUHAMMAD ASIF HAFEEZ, a/k/a “Sultan,” and worked together to establish a methamphetamine-production facility in Mozambique. But the defendants, HAFEEZ, and other co-conspirators were forced to abandon their plan after law enforcement authorities seized approximately 18 tons of ephedrine from an Avon Lifesciences factory in Solapur, India, including several tons of ephedrine that the defendants and HAFEEZ planned to use to manufacture methamphetamine in Mozambique.
Over the course of several months beginning in March 2014, during telephone calls and meetings in Nairobi and Mombasa, Kenya, the defendants agreed to supply, and in fact did supply, multi-kilogram quantities of heroin and methamphetamine to individuals they believed to be representatives of a South American drug-trafficking organization, but who were in fact confidential sources (the “CSes”) working at the direction and under the supervision of the DEA. The defendants negotiated on behalf of the Akasha Organization to procure and distribute hundreds of kilograms of heroin from suppliers in the Afghanistan/Pakistan region and to produce and distribute hundreds of kilograms of methamphetamine, which they understood would ultimately be imported into the United States.
During a meeting in Mombasa, Kenya, in April 2014, BAKTASH AKASHA ABDALLA introduced a CS via Skype to one of his heroin suppliers in Pakistan, who said he could provide 420 kilograms of 100 percent pure heroin—which he called “diamond” quality—for distribution in the United States. Thereafter, in June 2014, a co-defendant began discussing with the CSes his ability to procure methamphetamine precursor chemicals and to establish labs to produce methamphetamine for importation to the United States. In a meeting in Mombasa in September 2014, BAKTASH AKASHA ABDALLA introduced another co-defendant as a narcotics transporter from Afghanistan who moved ton quantities of narcotics using ships. BAKTASH AKASHA ABDALLA and a co-defendant also described HAFEEZ to the CSes as one of the top drug traffickers in the world.
In September and October 2014, IBRAHIM AKASHA ABDALLA personally delivered one-kilogram samples of methamphetamine and heroin to the CSes in Nairobi on behalf of the Akasha Organization. In early November, IBRAHIM AKASHA ABDALLA personally delivered an additional 98 kilograms of heroin to the CSes in Nairobi on behalf of the Akasha Organization. A few days later, IBRAHIM AKASHA ABDALLA also delivered another kilogram of methamphetamine. In the course of these negotiations, the Akasha Organization provided a total of 99 kilograms of heroin and two kilograms of methamphetamine to the CSes, and agreed to provide hundreds of kilograms more of each.
The defendants, along with Gulam Hussein and Vijaygiri Anandgiri Goswami, were provisionally arrested by Kenyan Anti-Narcotics Unit officers on November 9, 2014, in Mombasa, Kenya, prior to another planned meeting with the CSes. At the time of the provisional arrests in Kenya, 500 kilograms of heroin brokered by HAFEEZ were being transported through international waters to the defendants in Africa. The defendants directed the ship to return to the Afghanistan/Pakistan region rather than risk interdiction upon arrival. Following the arrests and during pending extradition proceedings, the defendants continued to distribute ton quantities of narcotics. They used some of the drug proceeds to bribe Kenyan officials— including judges, prosecutors, and law enforcement officers—in an effort to avoid facing the charges against them in the United States.
On January 29, 2017, the Kenyan government expelled the defendants, and the DEA brought them to the Southern District of New York for prosecution. HAFEEZ was provisionally arrested in London in August 2017, and the United States has requested his extradition from the United Kingdom.
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BAKTASH AKASHA ABDALLA, 41, and IBRAHIM AKASHA ABDALLA, 29, each pleaded guilty to conspiring to import heroin into the United States, conspiring to import methamphetamine into the United States, distributing heroin while knowing and intending that the drugs would be imported into the United States, and distributing methamphetamine while knowing and intending that the drugs would be imported into the United States. Each of these four crimes carries a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years in prison. The defendants also pleaded guilty to participating in a conspiracy to carry and use machineguns and destructive devices during and in relation to, and to possess machineguns and destructive devices in furtherance of, drug-trafficking offenses, which carries a maximum sentence of life imprisonment. Finally, the defendants pleaded guilty to obstruction of justice, which carries a maximum sentence of 20 years in prison. The maximum and minimum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge. The defendants are scheduled to be sentenced before Judge Marrero on February 1, 2019.
Mr. Berman praised the outstanding efforts of the Special Operations Division of the DEA, Bilateral Investigations Unit. Mr. Berman also thanked the DEA Dubai Country Office, the DEA Nairobi Country Office, the DEA Pretoria Country Office, the DEA New Delhi Country Office, the U.S. Department of Justice’s Office of International Affairs, Kenya’s Anti-Narcotics Unit, Kenya’s Director of Public Prosecutions, Kenya’s Director of Criminal Investigations, local Nairobi law enforcement officers, and the Government of Kenya.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III, Amanda L. Houle, Jason A. Richman, and Patrick Egan are in charge of the prosecution.
The charges contained in the Indictment against MUHAMMAD ASIF HAFEEZ, a/k/a “Sultan,” are merely accusations, and HAFEEZ is presumed innocent unless and until proven guilty.
[1] The descriptions set forth below of conduct by co-defendant MUHAMMAD ASIF HAFEEZ, a/k/a “Sultan,” constitute only allegations, and every fact described should be treated as an allegation with respect to HAFEEZ.
Former Kanawha County Deputy Pleads Guilty to Lying to the FBIRead the Press Release
CHARLESTON, W.Va. – A former Kanawha County Deputy pled guilty today to lying to the FBI, announced United States Attorney Mike Stuart. Robert Dwight Evans, 52, entered his guilty plea to providing materially false information to the FBI before United States District Irene C. Berger. Stuart commended the investigative efforts of the FBI and the cooperation of the Kanawha County Sheriff’s Department.
“It is always difficult and disappointing when a law enforcement officer turns to the dark side,” said United States Attorney Mike Stuart. “Lying to an FBI agent as part of an investigation is not only fundamentally unacceptable but, frankly, it could place lives in danger and frustrate the administration of justice. Evans knew better. Someone that was a member of the circle of trust in the protection of the public has a tremendous responsibility to represent with dignity and honor the oath he took and, sadly, that oath was violated in a terrible way.”
On June 28, 2017, an FBI agent interviewed Evans at his residence in Cross Lanes during an investigation of a drug trafficking ring operating in and around Montgomery, West Virginia. Agents knew that Evans had been purchasing opioid pain medication from one of the targets of the investigation and asked him questions about his dealings with members of the organization. Evans denied having purchased the drugs and claimed to have no knowledge of the target’s involvement in drug trafficking. Upon being confronted by a Kanawha County Sheriff’s Department internal investigation, Evans resigned his position.
Evans faces up to five years in federal prison when he is sentenced on February 13, 2019. Assistant United States Attorney Joshua C. Hanks is responsible for the prosecution.
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Former Courthouse Worker Faces More Charges Related to Illegally Selling Firearms to a FelonRead the Press Release
JEFFERSON CITY, Mo. – A Jefferson City, Mo., man who supervised workers at the federal courthouse in Jefferson City has been indicted by a federal grand jury on an additional charge related to illegally selling firearms to a convicted felon.
Victor Nahum Vargas, 40, of Jefferson City, was charged in a three-count superseding indictment returned by a federal grand jury in Jefferson City. The superseding indictment replaces an indictment returned by a federal grand jury on June 6, 2018.
The superseding indictment contains two counts of knowingly selling firearms to a felon, which were contained in the original indictment. The superseding indictment also charges Vargas with an additional count of making false statements to acquire firearms.
Vargas, who was employed as the custodial supervisor at the Christopher S. Bond Courthouse in Jefferson City, has been in federal custody since his arrest on May 11, 2018. Vargas remains detained without bond.
The federal indictment alleges that Vargas sold five firearms to a person he knew to be a convicted felon on April 18, 2018, and that he sold 11 firearms to a person he knew to be a convicted felon on May 11, 2018. In connection with his acquisition of 10 of those firearms, the indictment alleges, Vargas made a false written statement in which he claimed that he was the actual buyer of the firearms. In reality, the indictment alleges, Vargas was acquiring those 10 firearms on behalf of another person.
According to an affidavit filed in support of the original criminal complaint, a confidential source who is a convicted felon contacted Vargas on April 24, 2018, by phone. During several recorded communications between the confidential source and Vargas that occurred between April 24, 2018, and April 25, 2018, Vargas allegedly agreed to sell the confidential source 10 firearms for $7,500. According to the affidavit, Vargas knew that the confidential source is a convicted felon who is therefore prohibited by law from purchasing or possessing any firearms or ammunition.
On April 30, 2018, the confidential source contacted Vargas. During the recorded conversation, the affidavit says, Vargas agreed to sell the confidential source an additional rifle for $800. Vargas allegedly agreed to sell the confidential source 11 firearms for $8,100.
Law enforcement officers conducted surveillance on a firearms dealer in Jefferson City on May 9, 2018. According to the affidavit, they observed Vargas carry two boxes of firearms from the store, put them in his car and take them to his residence.
Vargas met with the confidential source on May 11, 2018, the affidavit says. Vargas allegedly sold 11 firearms to the confidential source for $8,100. Immediately after the transaction, Vargas was placed under arrest. The 11 firearms purchased by the confidential source were turned over to the officers, who also found an additional handgun and ammunition when they searched Vargas’s vehicle.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Chicago, Ill., Police Department, the Jefferson City, Mo., Police Department Community Action Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Five Northwest Ohio high schools renovate bleachers to comply with the Americans with Disabilities Act and make stadiums accessibleRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio announced that the United States has resolved its review under the Americans with Disabilities Act (ADA) of five Northwest Ohio area high school athletic stadiums. The review focused on a complaint alleging that the stadiums did not provide equal access to persons with disabilities.
In resolution of the complaint, high schools completed renovations to their athletic stadiums making them more accessible to persons with disabilities in compliance with the ADA.
School districts for Bryan, Evergreen, Wauseon, Swanton, and Montpelier renovated their home and visitor side bleachers, adding or modifying integrated accessible seating, ramps, ticket windows, and took other steps to allow access for everyone to enjoy events at their high school stadiums. Throughout the review, district personnel for each school made it clear that they are committed to providing equal access for all members of the community.
The review was prompted by a complaint filed by the Ability Center of Toledo on behalf of a couple that regularly attended high school football games. That became more difficult after the husband had a stroke and used a wheelchair. The couple discovered some schools did not have accessible seating.
U.S. Attorney Justin Herdman said: “There are few things better to do on an autumn night in Ohio than go watch high school football, and these agreements will ensure that everyone in the community will be able to root for their hometown team in person. The school districts are to be credited for working collaboratively and making these changes to their facilities.”
This year marks the 28th anniversary of the passage of the ADA, which provides in part that no qualified individual with a disability shall, because of that disability, be excluded from participation in, denied the benefits of, or subjected to discrimination in the services, programs, and activities of all state or local government entities. Under title II of the ADA, public school districts have an obligation to make services, programs, and activities readily accessible to and usable by individuals with disabilities. This includes programs or activities held at high school athletic stadiums.
Assistant U.S. Attorney Angelita Cruz Bridges handled this matter for the United States Attorney’s Office for the Northern District of Ohio.
For more information on the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at contact the ADA Information Line at
800-514-0301 (voice) 800-514-0383 (TTY).Felon Indicted for Illegal Possession of Firearms, Witness Retaliation, and ArsonRead the Press Release
Baltimore, Maryland – A federal grand jury has returned a superseding indictment charging Jason Kiser, age 40, of Taneytown, Maryland, with illegal possession of firearms, witness retaliation, use of fire in the commission of a felony, and malicious destruction of a vehicle by fire. The superseding indictment was returned late on October 24, 2018.
The indictment was announced by United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Baltimore Field Division; Carroll County Sheriff James T. DeWees; and Maryland State Fire Marshal Brian S. Geraci.
“Witness intimidation will not be tolerated,” said U.S. Attorney Robert K. Hur. “Attempts to intimidate or retaliate against federal witnesses will be prosecuted to the fullest extent of the law.”
The four-count superseding indictment adds three counts related to Kiser’s alleged witness retaliation against an individual who provided information to law enforcement concerning the possible commission of a federal crime. The indictment alleges that on July 17, 2018, Kiser set the victim’s vehicle on fire, destroying the vehicle. The original indictment charged Kiser with illegal possession of firearms by a convicted felon and that charge is also included in the superseding indictment.
If convicted, Kiser faces a maximum sentence of 10 years in prison for being a felon in possession of firearms; a maximum of 20 years in prison for witness retaliation; a mandatory minimum of 10 years in prison, consecutive to any other sentenced imposed and up to life in prison for use of fire in the commission of a felony; and a mandatory minimum of five years and a maximum of 20 years in prison for malicious destruction of a vehicle by fire. Kiser is expected to have an initial appearance on the superseding indictment on November 2, 2018, at 11:00 a.m. in U.S. District Court in Baltimore. Kiser remains detained
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
United States Attorney Robert K. Hur commended the ATF, the Carroll County Sheriff’s Office, and the Office of the Maryland State Fire Marshal for their work in the investigation. Mr. Hur thanked Special Assistant U.S. Attorney Mark V. Gurzo, who is prosecuting the case.
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Federal Charges Filed in Carjacking DeathRead the Press Release
St. Louis - Curtis Alford, 20, of St. Louis, MO, and Jana Stowers, 18, of St. Clair, IL, have been indicted in connection with the June 16th carjacking that resulted in the death of Michael Arnold. The case was filed in the Eastern District of Missouri on October 10, 2018 and the defendants made their initial appearance in federal court yesterday. The U.S. Attorney’s Office has sought their pre-trial detention. These charges follow assault, robbery and armed criminal action charges filed by the St. Louis Circuit Attorney.
Arnold was struck by a stolen Ford F-150 pickup truck and died from his injuries several days later. The federal indictment alleges Alford and Stowers took the truck by force, intimidation and violence and that their actions resulted in Mr. Arnold’s death.
The case was investigated by the St. Louis Police Department and the St. Louis Division of the Federal Bureau of Investigation. The U.S. Attorney’s office has brought these charges as part of a joint investigation of this matter with the St. Louis Circuit Attorney’s Office as part of the office’s violent crime initiative.
Fayetteville Woman Sentenced for Conspiracy to Commit Bank FraudRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, in federal court, United States District Judge Louise W. Flanagan sentenced TAMIKA RENEE WILSON, 30, of Fayetteville, to 28 months imprisonment followed by 5 years of supervised release for her participation in a conspiracy to commit bank fraud. She was also ordered to pay $95,000.00 in restitution.
WILSON was one of seven defendants charged in an eighteen-count indictment alleging bank fraud and conspiracy to commit bank fraud. The evidence presented in court established that WILSON was one of two leaders of a widespread bank fraud scheme centered in Fayetteville. Defendants and other co-conspirators stole multiple checks from the United States mail, altered those checks, and deposited them via bank ATMs throughout Fayetteville and other places within North Carolina. In total, these individuals deposited or cashed almost $100,000.00 in stolen and altered checks.
The investigation of this case was conducted by the United States Postal Inspection Service. Assistant United States Attorneys Felice McConnell Corpening and Melissa Belle Kessler represented the United States in this case.
Fayetteville Man Sentenced on Drug and Gun ChargesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that in federal court today, United States District Judge Louise W. Flanagan sentenced CHRISTOPHER PARRISH, 33, of Fayetteville, to 74 months imprisonment followed by 3 years of supervised release. At the time of the instant offense, PARRISH was on federal supervised release for a previous federal conviction thus, PARRISH received an additional consecutive sentence of 42 months imprisonment for violating the term of the federal supervised release. His total sentence of imprisonment is 116 months.
On April 12, 2018, PARRISH pled guilty to two counts: possession with intent to distribute cocaine and marijuana and possession of a firearm by a felon.
The evidence presented in open court established that around 1:30 a.m. on April 5, 2017, law enforcement officers were canvassing the parking lot of Diamonds Strip Club in Fayetteville, North Carolina, when they spotted a handgun and marijuana in the center console of a parked car. Officers determined that the registered owner, PARRISH, was a convicted felon and prohibited from possessing a firearm. When PARRISH returned to his car and entered the driver’s seat, officers approached and attempted an arrest. PARRISH, however, put the car in drive and fled, leading officers on a chase before skidding off the road. He continued on foot into some nearby woods. Officers set up a perimeter and were able to locate PARRISH hiding under a parked car in a nearby hotel parking lot.
Officers searched PARRISH’s car and in the center console found a loaded Smith & Wesson 9mm semi-automatic handgun. In a compartment under the radio, they found a plastic bag containing cocaine and a second bag containing marijuana. Officers also found a digital scale, empty plastic baggies, and four cell phones. They also found $1,733 cash in PARRISH’s pants pocket when he was searched.
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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The investigation of this case was conducted by the Fayetteville Police Department, the North Carolina State Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh represented the government in this case.
Elyria man indicted for sexually exploiting a child in Utah and related child pornography crimesRead the Press Release
An Elyria man was indicted in federal court for sexually exploiting a child in Utah and related child pornography crimes.
Christopher Goodin, 33, was indicted on one count of sexual exploitation of a minor, one count of receipt of visual depictions of real minors engaged in sexually explicit conduct and one count of possessing child pornography.
Goodin, between June and Aug. 18, 2018, controlled multiple social media accounts which he used to communicate with a young girl in Utah. With one account, Goodin posed as “Shorty853” -- a young girl who was harassed and threatened by an older man. With another account, Goodin posed as “Sambam01,” the older man. Sambam01 said the victim he would stop bothering “Fungirl2901” if the victim sent sexually explicit photos to him, which the victim did, according to court documents.
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 violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than maximum.
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik following an investigation by the Federal Bureau of Investigation.
An indictment is only a charge and 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.
Doctor Sentenced to Prison for Role in Conspiracy to Distribute Hydrocodone and Oxycodone Without A Medical PurposeRead the Press Release
LAS VEGAS, Nev. – A Las Vegas, Nevada, doctor was sentenced today to 12 months and one day in prison for his role in a prescription drug conspiracy to distribute hydrocodone and oxycodone by allowing his co-conspirators to write illegal opioid prescriptions using his pre-signed prescription pad.
United States Attorney Dayle Elieson for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Office, and Special Agent in Charge Christian J. Schrank for the Office of Inspector General of the U.S. Department of Health and Human Services, Los Angeles Region made the announcement.
Dr. Horace Paul Guerra IV, a former managing partner of Incera LLC, pleaded guilty in July to one count of conspiracy to distribute controlled substances. United States District Judge James C. Mahan presided over the sentencing hearing. As part of his sentence, Guerra surrendered his Nevada medical license.
Between January 1, 2018 to about May 3, 2018, Guerra conspired with his Incera LLC partners, Robert D. Harvey and Alejandro Incera, to distribute hydrocodone and oxycodone. As part of the conspiracy, he allowed his co-conspirators to use Incera LLC prescription pads to write illegal opioid prescriptions for patients he did not see and without a legitimate medical purpose. The pre-signed prescription pads included Guerra’s name, signature, and DEA number.
Both Harvey and Incera pleaded guilty in October, and are scheduled to be sentenced on January 10, 2019.
The case was investigated by the FBI, the Office of Inspector General of the U.S. Department of Health and Human Services, and the Nevada Attorney General’s Office Medicaid Fraud Control Unit. Assistant U.S. Attorney Kilby Macfadden prosecuted the case.
The Opioid Fraud and Abuse Detection Unit is a program that utilizes data to help combat the devastating opioid crisis. The District of Nevada was selected as one of 12 districts nationally to participate in the pilot program. The District of Nevada has assigned an experienced prosecutor that focuses solely on investigating and prosecuting health care fraud related to medical professionals who prescribe opioids, that unlawfully divert of dispense prescription opioids for illegitimate purposes.
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Doctor and Four Employees of Hawaii Clinic Charged in 43-Count IndictmentRead the Press Release
HONOLULU – Yesterday, a doctor and four employees from the Bade Medical Clinic, located in Hilo, Hawaii were indicted by a federal grand jury. Dr. Ernest Bade, 80, was charged with forty counts of distribution of a controlled substance outside the normal scope of professional practice and without a legitimate medial purpose. Dr. Bade and his office manager, Yvonne Caitano, 54, were charged with conspiracy to distribute and dispense controlled substances. Caitano and Sheena Strong, 32, an office assistant, were charged with a separate conspiracy to further distribute and possess with intent to distribute controlled substances. Caitano, Strong, and two other office assistants—Marie Benevides, 80, and Theresa Saltus, 59—were charged with conspiring to obtain controlled substances through misrepresentation, fraud, forgery, deception, and subterfuge.
According to the indictment, law enforcement received information from several sources that Dr. Bade was prescribing unusually large quantities of controlled substances, including powerful narcotics, sedatives, and opioids such as hydrocodone, oxycodone, fentanyl, and morphine. Based on this and other information, an undercover agent posing as a patient met with Dr. Bade at his clinic a number of times. The indictment alleges that during these appointments, Dr. Bade provided the undercover agent with multiple prescriptions of controlled substances after conducting only cursory examinations and no diagnostic testing. Dr. Bade’s clinic also allegedly provided refills for these prescriptions without any meaningful follow-up. The indictment also alleges that Dr. Bade and Caitano provided prescriptions to patients without personally examining or meeting with them.
The indictment further alleges that Caitano and Strong conspired to obtain large amounts of controlled substances through prescriptions signed by Dr. Bade, which they then further distributed to other individuals in exchange for profit. In order to continue to obtain prescription medications when several pharmacies in Hilo refused to fill Dr. Bade’s prescriptions, Caitano, Strong, Benevides, and Saltus conspired to fly from Hilo to Kahului, Maui, to fill and pick up numerous prescriptions signed by Dr. Bade and ordered prescriptions in the names of multiple individuals. These prescriptions typically involved large quantities of controlled substances, including opioids and powerful narcotics.
The announcement was made by U.S. Attorney Kenji M. Price for the District of Hawaii, and Assistant Special Agent in Charge John Callery of the DEA’s Honolulu Field Office.
"It is no secret that an opioid epidemic is sweeping through this country, leaving lost lives and shattered communities in its wake," said U.S. Attorney Price. "The problem is multi-faceted and requires an all-hands-on-deck response. And as federal officials charged with protecting and serving the people of Hawaii, we plan to do everything in our power to prevent the opioid epidemic from taking hold here in the Islands."
"This case is indicative of our goals for averting the opioid crisis that is devastating the mainland at this time," said DEA Assistant Special Agent in Charge John Callery. "These arrests are a culmination of several years' work to bring to justice those who would poison the communities of Hawaii with illicit prescription drugs and chemicals."
An indictment is merely an allegation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. If convicted of the charges, Dr. Ernest Bade, Yvonne Caitano, and Sheena Strong could face up to 20 years imprisonment. Marie Benevides and Theresa Saltus face up to 4 years imprisonment.
The case was investigated by the Drug Enforcement Administration, and is being prosecuted by Assistant U.S. Attorney Michael Albanese.
District Man Pleads Guilty to Killing One Man, Wounding AnotherRead the Press Release
WASHINGTON – John James, 26, of Washington, D.C., pled guilty today to charges stemming from a September 2015 shooting in Southeast Washington in which one man was killed and another was wounded, U.S. Attorney Jessie K. Liu announced.
James pled guilty in the Superior Court of the District of Columbia to charges of voluntary manslaughter while armed and aggravated assault. The plea agreement, which is contingent upon the Court’s approval, calls for an agreed-upon sentence between 12 and 15 years in prison, to be followed by five years of supervised release. The Honorable Milton C. Lee scheduled sentencing for Jan. 25, 2019.
According to the government’s evidence, on Sept. 28, 2015, at approximately 7:30 p.m., James was playing a craps (or dice) game with several people in the 1100 block of Eaton Road SE, part of the Barry Farm neighborhood. Included in that game were Ernest Massenberg-Bey, 21, and the surviving victim. Following an argument at the game, James fired a pistol at Mr. Massenberg-Bey and the surviving victim, hitting each of them multiple times.
The gunshot wounds caused the death of Mr. Massenberg-Bey later that day. The gunshot wounds on the surviving victim caused multiple serious bodily injuries, including loss of a testicle and permanent nerve damage to his left hand and right foot. Following the shooting, James fled the scene. He was arrested in April 2016 and has been in custody ever since.
In announcing the plea, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department (MPD), including detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and officers from the Seventh Police District. She also expressed appreciation for the work of the U.S. Marshal’s Service. She also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Diana Lim; Paralegal Specialist Stephanie Siegerist; Assistant U.S. Attorneys Mark Aziz and Silvia Gonzalez-Roman, who assisted with competency issues, and Assistant U.S. Attorneys Christopher Bruckmann and Emily Miller, who investigated and prosecuted the case.
Deputy Attorney General Rod Rosenstein Honors National Domestic Violence Awareness MonthRead the Press Release
In recognition of National Domestic Violence Awareness Month, Deputy Attorney General Rod Rosenstein met with Acting Director of the Office on Violence Against Women (OVW) Katharine Sullivan and other senior Justice officials today to discuss the Violence Against Women Act’s (VAWA) essential focus on criminal justice responses to domestic violence. Deputy Attorney General Rosenstein also announced new OVW funding for the department’s Tribal Special Assistant U.S. Attorney (SAUSA) program.
“There is no place in our society for domestic violence, and holding perpetrators accountable and providing services to victims is a critical part of the Department’s response,” said Deputy Attorney General Rosenstein. “During this National Domestic Violence Awareness Month, I encourage law enforcement, prosecutors, judges, and other criminal justice professionals to speak out about domestic violence and redouble efforts to bring perpetrators to justice. I am especially pleased to announce new funding to support four new Tribal Special Assistant U.S. Attorneys, whose collaboration across the tribal and federal jurisdictional landscape is a model for effective prosecution of violence against women.”
OVW’s Tribal Special Assistant United States Attorneys (Tribal SAUSAs) Program is another Department initiative supporting innovative prosecutorial collaborations. These prosecutors bring cases in both tribal and federal courts, and help ensure that tribal and federal authorities have a seamless response in prosecuting cases under their jurisdiction. In OVW’s pilot project, Tribal SAUSAs reported a wide range of successes, including prosecution of cases that otherwise may not have been brought.
Today, OVW is announcing new Tribal SAUSA Program awards of $437,500 each to the following four tribes:
- Salt River Pima-Maricopa Indian Community (Arizona);
- Confederated Tribes of the Umatilla Indian Reservation (Oregon);
- Rosebud Sioux Tribe (South Dakota); and
- Confederated Tribes of the Colville Reservation (Washington).
Commemorated in the United States since 1987, National Domestic Violence Awareness Month educates the public, commemorates and honors victims and survivors, and connects service providers across the country. President Trump has continued the tradition of issuing a presidential proclamation to recognize October as National Domestic Violence Awareness Month.
Strengthening criminal justice is the core component of VAWA, and Acting Director Sullivan pointed to the Improving the Criminal Justice Response to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (ICJR) as the “backbone of VAWA.” ICJR helps communities investigate and prosecute these crimes and keep violent criminals off the street. Since 1997, OVW has made 1,655 ICJR grant awards totaling over $847,000,000. In fiscal year 2018, OVW made 54 ICJR awards totaling $32,610,116.
This funding has supported justice responses including dedicated police and prosecution units, specialized courts, and offender monitoring in 538 communities. For example, Fairfax County in Virginia uses ICJR funding to support a specialized prosecutor for domestic violence and stalking cases and to monitor the enforcement of civil protective orders.
ICJR also funds unique collaborative approaches, such as Family Justice Centers – “one stop shops” housing police, prosecution, and victim services in one place – and multidisciplinary teams that decrease domestic violence homicides. Since 2012 OVW has awarded over $24 million in ICJR funding to reduce domestic violence homicide, including pilot sites, nationwide training, and research. This includes six awards totaling $3,299,977 for fiscal year 2018.
Many victims also face substance abuse issues, and may struggle to access the justice system and get the protection they need. OVW is today announcing an award of $450,000 to the Alliance for HOPE International to train Family Justice Centers to address this complex challenge. The Alliance for HOPE International will partner with the National Center on Domestic Violence, Trauma, and Mental Health.
VAWA was first authorized in 1994 and focused on strengthening the criminal justice response to domestic violence. VAWA was reauthorized in 2000, 2005, and 2013, and each reauthorization included expansions such as addressing elder abuse, combatting stalking, and serving victims of sex trafficking in Indian Country. More information about VAWA is available at www.justice.gov/ovw/legislation.
Department of Justice Honors National Domestic Violence Awareness MonthRead the Press Release
ARIZONA – In recognition of National Domestic Violence Awareness Month, Deputy Attorney General Rod Rosenstein met with the Acting Director of the Office on Violence Against Women (OVW) Katherine Sullivan and other senior Justice officials today to discuss the Violence Against Women Act’s (VAWA) essential focus on criminal justice responses to domestic violence. Deputy Attorney General Rosenstein also announced new OVW funding for the department’s Tribal Special Assistant U.S. Attorney (SAUSA) program.
“There is no place in our society for domestic violence, and holding perpetrators accountable and providing services to victims is a critical part of the Department’s response,” said Deputy Attorney General Rosenstein. “During this National Domestic Violence Awareness Month, I encourage law enforcement, prosecutors, judges, and other criminal justice professionals to speak out about domestic violence and redouble efforts to bring perpetrators to justice. I am especially pleased to announce new funding to support four new Tribal Special Assistant U.S. Attorneys, whose collaboration across the tribal and federal jurisdictional landscape is a model for effective prosecution of violence against women.”
OVW’s Tribal SAUSA Program is another Department initiative supporting innovative prosecutorial collaborations. Tribal SAUSAs bring cases in both tribal and federal courts, and help ensure that tribal and federal authorities provide a seamless response in cases prosecuted under their jurisdiction. In OVW’s pilot project, Tribal SAUSAs reported a wide range of successes, including prosecution of cases that otherwise may not have been brought.
Today, OVW announced a new Tribal SAUSA Program award of $437,500 to the Salt River Pima-Maricopa Indian Community.
“We applaud Salt River Pima–Maricopa Indian Community for the well-deserved recognition and funding for its new Special Assistant U.S. Attorney program,” stated First Assistant United States Attorney Elizabeth A. Strange. “Tribal SAUSAs play a crucial role in our office’s efforts to combat and prosecute violent crime. Unfortunately, domestic violence is a prevalent problem, and this new position funded by DOJ’s Office on Violence Against Women will allow us to expand our efforts to protect victims and bring their offenders to justice. We look forward to strengthening our criminal justice response to domestic violence in the Salt River Pima–Maricopa Indian Community through its new SAUSA program.”
Commemorated in the United States since 1987, National Domestic Violence Awareness Month educates the public, commemorates and honors victims and survivors, and connects service providers across the country. President Trump has continued the tradition of issuing a presidential proclamation to recognize October as National Domestic Violence Awareness Month.
Strengthening criminal justice is the core component of VAWA, and Acting Director Sullivan pointed to the ICJR Program as the “backbone of VAWA.” ICJR helps communities investigate and prosecute these crimes and keep violent criminals off the street. Since 1997, OVW has made 1,655 ICJR grant awards totaling over $847 million. In fiscal year 2018, OVW made 54 ICJR awards totaling $32.6 million.
This funding has supported justice responses including dedicated police and prosecution units, specialized courts, and offender monitoring in 538 communities. ICJR also funds unique collaborative approaches, such as Family Justice Centers – “one stop shops” housing police, prosecution, and victim services in one place – and multidisciplinary teams that decrease domestic violence homicides. Since 2012, OVW has awarded over $24 million in ICJR funding to reduce domestic violence homicide, including pilot sites, nationwide training, and research, including $3,299,977 for fiscal year 2018.
Many victims also face substance abuse issues and struggle to access the justice system to receive the protection they need. Today, OVW also announced an award of $450,000 to the Alliance for HOPE International to provide training to Family Justice Centers to address this complex challenge. The Alliance for HOPE International will partner with the National Center on Domestic Violence, Trauma, and Mental Health.
VAWA was first authorized in 1994 and focused on strengthening the criminal justice response to domestic violence. VAWA was reauthorized in 2000, 2005, and 2013, and each reauthorization included expansions such as addressing elder abuse, combatting stalking, and serving victims of sex trafficking in Indian Country. More information about VAWA is available at www.justice.gov/ovw/legislation.
RELEASE NUMBER: 2018-136_ Tribal_SAUSA18
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Darron Wint Found Guilty of First-Degree Murder While Armed and Other Charges in Killings of Four People in Northwest Washington Home InvasionRead the Press Release
WASHINGTON - Darron Wint, 37, also known as Daron Wint, formerly of Lanham, Md., was found guilty by a jury today of 20 felony charges, including multiple counts of first-degree murder while armed, for the May 2015 slayings of Savvas Savopoulos, his wife, Amy Savopoulos, their son, Philip Savopoulos, and a household employee, Veralicia Figueroa.
The announcement was made by U.S. Attorney Jessie K. Liu, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Thomas L. Chittum III, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The jury’s verdict came on the third day of deliberations and followed a trial in the Superior Court of the District of Columbia. Wint, who has been in custody since his arrest a week after the murders, is to be sentenced on Feb. 1, 2019 by the Honorable Juliet McKenna. He faces a potential sentence of life in prison with no possibility of release.
“Today’s verdict holds Darron Wint accountable for the cold-blooded murders of four innocent people, including a 10-year-old child, in a senseless home invasion that ended with him setting fire to the crime scene,” said U.S. Attorney Liu. “While this defendant was searching for places to hide, a coordinated law enforcement effort was tracking him down and brought him to justice. We hope that the verdict will bring some comfort to the families of the victims.”
“I know District residents were particularly outraged by this case because of the extreme atrocities that were inflicted on the Savopoulos family and Ms. Figueroa,” said Chief Newsham. “Acts of violence such as this are unacceptable and not welcomed in our city. As promised, the individual who committed this heinous crime was brought to justice today."
“ATF is grateful to see that justice has been served today by this guilty verdict,” said Special Agent in Charge Chittum. “We hope this conviction brings a measure of comfort to the Savopoulos and Figueroa families, and to the community that suffered and mourned with them. ATF is proud we could contribute to the successful prosecution of Darron Wint and his unspeakably violent crime. I commend ATF’s Forensic Laboratory and the ATF/DC Arson and Explosives Task Force for their role in bringing him to justice, and admire the effort that our partners from so many federal, state, and local law enforcement organizations and the U.S. Attorney’s Office put into this case.”
During nearly six weeks of testimony, the government presented testimony from more than 60 witnesses, including some that linked him to the crime scene through DNA on a pizza crust and other items. The jury found Wint guilty of all charges that were filed against him in an indictment, including the murder counts and kidnapping, burglary, extortion and theft.
The charges involved a series of crimes that took place May 13 and May 14, 2015, during a home invasion of the Savopoulos family residence in Northwest Washington.
According to the government’s evidence, on May 13, 2015, Wint entered the Savopoulos home and seized and kidnapped the four victims. The following day, he stole $40,000 through means of extortion, murdered the victims, and set fire to the house.
After responding to reports of the fire, authorities discovered the bodies of Savvas Savopoulos, 46, Amy Savopoulos, 47, Philip Savopoulos, 10, and Veralicia Figueroa, 57.
In the aftermath of the murders, Wint performed a series of Internet searches for subjects such as how to beat a lie detector test, 10 hideout cities for fugitives, and five countries with no U.S. extradition treaty. According to the government’s evidence, he fled to New York after he was publicly identified as a person of interest in the case and hid in a hotel. He eventually returned to the area and was arrested on May 21, 2015. He has been in custody ever since.
All told, Wint was found guilty of a total of 12 counts of first-degree murder while armed, all with aggravating circumstances. The charges include four counts of first-degree murder while armed (felony murder) in the course of a kidnapping; four counts of first-degree murder while armed (felony murder) in the course of a burglary, and four counts of first-degree premeditated murder while armed. In addition, Wint was found guilty of four counts of kidnapping and one count each of first-degree burglary, extortion, arson, and first-degree theft.
In addition to the various substantive crimes specified in the indictment, the jury found the offenses carried specified “aggravating circumstances,” including one finding that the murders were especially heinous, atrocious or cruel. Wint could face a maximum of life imprisonment without the possibility of release on each of the 12 murder charges. Each of the murder charges carries a mandatory minimum prison term of 30 years.
Additionally, each of the kidnapping counts involving the three adult victims carries a maximum sentence of 30 years; the kidnapping count involving Philip Savopoulos carries up to 45 years. First-degree burglary also carries a 30-year maximum prison sentence, and arson, extortion, and first-degree theft have maximum prison terms of 10 years each.
This case was investigated by the Metropolitan Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistance was provided by the FBI, the U.S. Marshals Service, the U.S. Secret Service, the District of Columbia Department of Fire and Emergency Medical Services, the Prince George’s County, Md., Department of Fire and Emergency Medical Services, and the District of Columbia Department of Forensic Sciences.
The case was investigated and prosecuted by Assistant U.S. Attorneys Laura R. Bach, Christopher Bruckmann, and Emily A. Miller, and tried by Assistant U.S. Attorneys Bach and Bruckmann.
Assistance was provided by a team at the U.S. Attorney’s Office that included Victim/Witness Advocate Marcia Rinker; Paralegal Specialist Stephanie Siegerist; Deputy Chiefs Chrisellen Kolb, John Mannarino, and Elizabeth Danello, of the Appellate Division; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Supervisory Paralegal Specialist Sharon Newman; Paralegal Specialists Lornce Applewhite and Meridith McGarrity; former Paralegal Specialist Kendra Johnson; Supervisory Litigation Technology Specialist Leif Hickling; Litigation Technology Specialist Anisha Bhatia; Investigative Analyst Zachary McMenamin; Criminal Investigator John Marsh;, Supervisory Victim/Witness Services Coordinator Katina Adams-Washington; Victim/Witness Services Coordinator La June Thames; former Forensic Operation/Program Specialist Benjamin Kagan-Guthrie; Law Clerks Siri Palm and Julie Bessler, and former Law Clerk Jim McNally.
DEA Prepares for 16th Prescription Drug Take Back DayRead the Press Release
BOISE – This Saturday, October 27, from 10 a.m. to 2 p.m., the U.S. Drug Enforcement Administration (DEA) will give the public its16th opportunity in eight years to prevent overdose deaths and drug addictions before they start by ridding their homes of potentially dangerous, expired, unused, and unwanted prescription drugs, announced U.S. Attorney for the District of Idaho Bart M. Davis. Davis is encouraging the public to bring their pills for disposal to one of 35 collection sites across Idaho. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)
“Prescription drugs are highly addictive and can be just as dangerous and deadly as any street drug,” said U.S. Attorney Davis. “Taking steps to end the nation’s opioid crisis is a top priority for my office. This summer, I took my own advice, and I found and then disposed unused opioid pain pills from a root canal procedure by dropping them off at a nearby take-back kiosk. This biannual Prescription Take Back Day is an important reminder to remove unused prescription drugs from homes before a chance of abuse can occur.”
Last spring, Americans turned in nearly 475 tons (949,046 pounds) of prescription drugs at more than 5,800 sites operated by the DEA and almost 4,700 of its state and local law enforcement partners. Here, in the District of Idaho, 4,282 pounds of pills were collected from 37 different collection sites. Overall, in its 15 previous Take Back events, DEA and its partners have taken in almost 10 million pounds—nearly 5,000 tons—of pills.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
For more information about the disposal of prescription drugs or about the October 27 Take Back Day Event, go to DEATakeBack.com where you can search by zip code, city or state.
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DEA Prescription Drug Take Back Day - October 27, 2018.Creston Man Indicted on Child Pornography ChargesRead the Press Release
ROCKFORD — A Creston man was indicted Thursday by a federal grand jury in Rockford on charges of child pornography.
ERIC CANCHOLA, 25, was charged with four counts of transporting child pornography via the internet between March and April 2018, and one count of possessing two iPods, a desktop computer, and two portable hard drives in May 2018 that contained an image of child pornography involving a prepubescent minor and a minor who had not attained 12 years of age.
Each count of transporting child pornography carries a mandatory minimum sentence of five years and a maximum of 20 years in prison, while possessing child pornography carries a maximum of up to 20 years in prison. Each count carries a $250,000 maximum fine. If Canchola is convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by John R. Lausch, Jr. United States Attorney for the Northern District of Illinois, and Jeffrey S. Sallet, Special Agent-in-Charge of the Federal Bureau of Investigation in Chicago.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Court of Appeals Rules Defendant's Prior Conviction for Racially-Charged Crime is Admissible in Hate Crimes ProsecutionRead the Press Release
CINCINNATI – Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, announced an opinion filed today in the United States Court of Appeals for the Sixth Circuit related to the District’s criminal case involving Samuel Whitt.
Whitt, 42, of Cincinnati, has been charged federally with criminal interference with federal fair housing rights and attempted arson. In today’s opinion, the Court of Appeals reversed a prior ruling by the U.S. District Court, which would have prohibited the United States from introducing evidence regarding Whitt’s previous state misdemeanor conviction involving spray-painted racial epithets.
A federal grand jury returned an indictment in May 2017, alleging Whitt destroyed a rental home owned by an inter-racial couple in Price Hill in November 2016. According to the indictment, Whitt broke into the rental home and spray-painted the walls with messages including “die n****r” and “white power,” as well as images of swastikas. Whitt also allegedly poured quick-drying concrete into the bathroom drains and toilet; stabbed a knife into the floor; removed plumbing traps from the sinks and left the water running; turned on the gas stove in the upstairs kitchen, poured paint into the burners, and attempted to remove the smoke detector above the stove.
On the eve of trial, the District Court ruled to exclude evidence of Whitt’s prior misdemeanor crimes that involved the spray-painting of racial epithets on apartment buildings, cars and part of a church. The United States Attorney’s Office then appealed that decision.
The Court of Appeals overturned that decision today, ruling that the evidence is admissible to show that Whitt acted with racial animus in committing the 2016 crime.
“This office is committed to prosecuting hate crimes to the fullest extent of the law. This appeal is an example of that,” U.S. Attorney Glassman said.
U.S. Attorney Glassman commended the appellate work of Assistant United States Attorney C. Mitchell Hendy and Appellate Chief Mary Beth Young and the assistance of Erin Flynn with the Department of Justice’s Civil Rights Division. Assistant United States Attorneys Megan Gaffney and Kyle Healey are prosecuting the criminal case.
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Colorado U.S. Attorney’s Opioid Working Group’s Successes Fighting Opioid CrisisRead the Press Release
DENVER – U.S. Attorney Bob Troyer today announces recent successes of the Colorado U.S. Attorney’s Opioid Initiative Working Group. The initiative is bringing both criminal and civil actions against wrongful prescribers and dispensers of opioids. It is comprised of expert civil and criminal staff in the U.S. Attorney’s Office who use sophisticated data analytics to identify doctors and pharmacies unlawfully dispensing opioids. Today’s announcement comes in advance of the Drug Enforcement Administration’s National Takeback Day, on October 27, 2018, at locations throughout Colorado and across the country.
“Reducing opioid deaths is a genuine battle,” announced U.S Attorney Bob Troyer. “Too many in our country battle daily with addiction, and our hearts and our work are for them. Then there are others in our society who prey on the addicted. We are taking this fight to them. The U.S. Attorney’s Office will use all of its resources – both criminal and civil – to identify and stop unlawful prescribers and dispensers of opioids. We fight this battle one prosecution at a time, with all our strength.”
Criminal Prosecutions
U.S. Attorney Troyer announces three separate criminal prosecutions.
- A Colorado doctor, Andrew M. Ho, practicing internal medicine in Denver, Colorado, has been charged with distributing or dispensing controlled substances illegally between September of 2014 and November of 2015. According to the twenty-one count indictment, Dr. Ho illegally prescribed a number of controlled substances, including the opioid Oxycodone, to several patients during the period of the indictment. The prescriptions were given “outside the usual course of professional practice and for a purpose other than a legitimate medical purpose.” If convicted, Dr. Ho faces a potential sentence of up to twenty years, and a fine of up to one million dollars.
- A registered pharmacist, Mary Aronson, owner and operator of St. Vrain Pharmacy in Lyons, Colorado, has been charged with illegal distribution of narcotics in a Federal Indictment which was unsealed on October 17, 2018. According to the indictment, Aronson is charged with illegally distributing oxycodone, amphetamine, and lorazepam between December of 2017, and February of 2018. If convicted, Aronson faces a potential sentence of up to twenty years in prison and a fine of up to one million dollars.
- The U.S. Attorney’s Office also recently announced guilty pleas of two South Denver pharmacists. Both defendants, Stanley Callas and Scott Eskanos, were co-owners of Crown Point Pharmacy, located in Parker, Colorado, and Sky Ridge Pharmacy, located in Lone Tree, Colorado. Callas typically dispensed controlled substances from Crown Point Pharmacy and Eskanos typically dispensed controlled substances from Sky Ridge Pharmacy. Both dispensed morphine, meperidine, and lorazepam to co-defendant Dianna Smithling outside the usual course of professional practice.
Civil Settlement
U.S. Attorney Troyer also joins colleagues from the Eastern District of Pennsylvania and the Western District of Pennsylvania in announcing that Passavant Memorial Homes, and its subsidiaries Passavant Development Corporation, PDC Pharmacy Colorado, PDC Pharmacy Philadelphia, and PDC Pharmacy Pittsburgh, have agreed to pay the United States $1,850,000 to resolve allegations that Passavant dispensed controlled substances to patients without a valid prescription, in violation of the Controlled Substances Act, and, in some cases, submitted claims for the drugs to Medicare and Medicaid, in violation of the False Claims Act. Passavant has implemented a policy change to stop this practice.
Passavant’s pharmacies serve individuals with intellectual disabilities and other mental health needs through community residential programs, residential treatment facilities, intermediate care facilities, and other facilities. In many cases, Passavant bills federal healthcare programs, including Medicare and Medicaid, for dispensing controlled substances to these individuals.
In 2015, an investigation was launched after Passavant voluntarily disclosed to the United States that between January 1, 2009 and December 31, 2014, Passavant had dispensed controlled substances on Schedules III, IV, and V of the DEA Controlled Substances List to patients for a legitimate medical purpose, but without a valid prescription and with only a physician order. In many cases, Passavant submitted claims to Medicare and Medicaid for dispensing these drugs without a prescription. Passavant voluntarily disclosed this information and cooperated with the investigation to identify the nature and scope of the issue.
The civil case was handled by Assistant United States Attorneys Amanda Rocque of the District of Colorado, Mark J. Sherer and Anthony D. Scicchitano of the Eastern District of Pennsylvania, and Colin J. Callahan of the Western District of Pennsylvania. It was investigated by the Drug Enforcement Administration and the Office of Inspector General of the U.S. Department of Health and Human Services.
DEA National Takeback Day
The next DEA National Takeback Day is on October 27, 2018 at 10:00 a.m. at locations throughout Colorado and across the country. Visit www.takebackday.dea.gov.
Colorado Man Sentenced to 154 Months for Federal Bank Robbery and Firearms Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Paul Fichera, 29, of Durango, Colo., was sentenced today in federal court in Albuquerque, N.M., to 154 months in prison followed by three years of supervised release for his conviction on bank robbery and firearms charges.
Fichera was charged in a federal criminal complaint filed on May 12, 2017, with robbing the Four Corners Community Bank located at 1301 West Aztec Blvd., in Aztec, N.M., on May 11, 2017. According to the complaint, Fichera entered the bank wearing a mask, gloves and sunglasses, brandished a firearm, yelled for everyone in the bank to get on the ground, and directed a bank teller to fill his bag with money. Fichera exited the bank after receiving money, entered a vehicle, and attempted to flee from law enforcement by driving into Colorado at a high rate of speed.
Fichera subsequently was indicted on May 24, 2017, and was charged with armed robbery of the Four Corners Community Bank in Aztec and with using and brandishing a firearm during and in relation to a crime of violence on May 11, 2017, in San Juan County, N.M. Fichera pled guilty to the indictment on June 22, 2018, without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and was prosecuted by Assistant U.S. Attorney Howard R. Thomas.
Cleveland men indicted for passing counterfeit $50 and $20 billsRead the Press Release
Two Cleveland men were indicted for attempting to pass counterfeit $50 and $20 bills.
Jamel Williams, 35, tried to spend 16 counterfeit $50 bills and three counterfeit $20 bills at the Target in Mayfield Heights on Nov. 27, 2015, according to the indictment.
Antoine Blackshear, 42, tried to spend 10 counterfeit $50 and 10 counterfeit $20 bills on on Nov. 3, 2016, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
Assistant U.S. Attorney Ranya Elzein is prosecuting the case following an investigation by United States Secret Service.
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.
Cleveland man sentenced to 12 years in prison for selling fentanyl that resulted in the fatal overdose of a Brunswick man last yearRead the Press Release
A Cleveland man was sentenced to 12 years in prison for selling fentanyl that resulted in the fatal overdose of a Brunswick man last year.
Rafael Jones, 40, previously pleaded guilty to distribution of fentanyl resulting in death as well as a firearms charge.
Jones on May 13, 2017 sold fentanyl to a Brunswick man who ingested the fentanyl and died, according to court documents.
Jones was arrested a month later in Cleveland and found with a 9 mm semiautomatic handgun and ammunition. Jones was prohibited from having the handgun and ammunition because of prior convictions for domestic violence and heroin trafficking, according to court documents.
This case was investigated by the Medina County Drug Task Force, DEA, Brunswick Police Department and with the assistance of the Medina County Coroner’s Office. It was prosecuted by Assistant U.S. Attorney Robert F. Corts.
Cleveland Man Sentenced on Child Pornography ChargeRead 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 David Bills, 39, of Cleveland, OH, who was convicted of soliciting an image containing obscene material from a minor, was sentenced to 60 months in prison by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that on April 24, 2018, the defendant began communicating on a social networking application using his iPhone with a Department of Homeland Security undercover agent (UCA). Bills believed the UCA was a 13-year-old female from Rochester, NY.
Between April 24 and April 25, 2018, the defendant engaged in sexual conversations with the UCA via text messages. During these conversations, Bills requested the UCA, who he believed was a 13-year-old female, to send him sexually explicit photos of herself.
Today’s sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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Cleveland Brothers Indicted on Robbery and Gun ChargesRead the Press Release
PITTSBURGH - Two siblings from Cleveland, Ohio, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal robbery and firearms laws, United States Attorney Scott W. Brady announced today.
The seven-count indictment, returned on October 16, named the defendants as Rayshawn Patterson, 19, and Reginald Patterson, 21.
According to the indictment, on December 23, 2017, Rayshawn Patterson and Reginald Patterson conspired to commit and committed a theft of a licensed firearms dealer, DSD Sports, located at 328 B. West Main Street, Brookville, PA 15825, stealing 14 pistols and two assault rifles. On that same date, Rayshawn Patterson and Reginald Patterson are charged with transporting the stolen firearms in interstate commerce. On the previous day, Rayshawn and Reginald Patterson are also charged with conspiring to commit and committing a Hobbs Act Robbery at Fastway Gas, located at 22352 Route 68, Clarion, PA 16214, stealing an amount of United States Currency. In the robbery of Fastway Gas, they are charged with using, carrying, and brandishing a firearm during and in relation to a crime of violence. Finally, from December 23, 2017 to December 29, 2017, they are charged with possession of the stolen guns from the robbery of DSD Sports.
The defendants face a total maximum sentence of not less than seven years and up to life in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Brookville Police Department, the Pennsylvania State Police, the Cleveland Police Department, and the Cuyahoga Sheriff’s Department conducted the investigation leading to the indictment in this case.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Carmichael Man Charged with Escape from Fresno FacilityRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Frankie Thomas Goulding, 39, of Carmichael, charging him with escaping from custody, U.S. Attorney McGregor W. Scott announced.
According to court documents, Goulding was sentenced to federal prison for distributing methamphetamine in 2014. In March 2017, Goulding was transferred to a residential re-entry facility in Fresno as part of his sentence. On June 27, 2017, officials found he had left the facility.
This case is the product of an investigation by the U.S. Marshals Service. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Goulding faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Carlsbad Man Sentenced to 151 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joaquin Hernandez, 41, of Carlsbad, N.M., was sentenced today in federal court in Las Cruces, N.M., to 151 months in prison for his conviction on a methamphetamine trafficking charge. Hernandez will be on supervised release for four years after completing his prison sentence. He also was ordered to forfeit the $11,031 seized from him when he was arrested.
Pecos Valley Drug Task Force (PVDTF) agents arrested Hernandez in Jan. 2018, after finding approximately 222.54 grams of methamphetamine, marijuana, and $11,031 in cash on Hernandez’s person and in his vehicle following the execution of a state search warrant.
On May 18, 2018, Hernandez pled guilty to felony information charging him with possession of methamphetamine with intent to distribute on Jan. 31, 2018, in Eddy County, N.M. Hernandez entered the guilty plea without the benefit of a plea agreement.
This case was investigated by the DEA and the Pecos Valley Drug Task Force and was prosecuted by Assistant U.S. Attorney Joni Autrey of the U.S. Attorney’s Las Cruces Branch Office.
The Pecos Valley Drug Task Force is comprised of officers from the Bureau of Land Management, Eddy County Sheriff’s Office and Carlsbad Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Businessman Sentenced to Federal Prison for Insider Trading in the Shaw GroupRead the Press Release
United States Attorney Brandon J. Fremin announced that on October 24, 2018, U.S. District Judge John W. deGravelles sentenced VICTORY HO, age 39, of Morgan City, Louisiana, to 32 months in federal prison following his convictions for securities fraud (insider trading) and conspiracy to commit securities fraud. The Court further sentenced HO to 2 years of supervised release following his term of imprisonment. HO was also ordered to forfeit over $300,000 and to pay a $15,000 fine.
Following a three week trial in May of this year, a jury found HO and his co-defendants guilty as charged in connection with an insider trading scheme related to the 2012 acquisition of the Shaw Group (“Shaw”) by Chicago Bridge and Iron Company (“CB&I”). According to evidence presented at trial, in mid-2012, Shaw was considering a potential merger opportunity. At the time, Kelly Liu was a Shaw employee working in the Financial Planning and Analysis Department. In July 2012, Shaw and CB&I came to an agreement on an offer for CB&I to buy Shaw. This merger between the two companies was publicly announced on July 30, 2012 (“the public announcement”). As a result of the public announcement, Shaw’s stock price rose by around 55 percent.
The evidence at trial established that, prior to the public announcement and through her job at Shaw, Liu had obtained inside information that Shaw was going to be acquired by another company and had passed the inside information to HO, through another individual, and to Salvador Russo, III (“Russo”), for their use in trading Shaw stock and options. Thereafter, HO and Russo purchased Shaw stock and options before the public announcement. HO sold his Shaw options after the public announcement had caused Shaw’s stock price to rise and reaped almost $300,000 from his illegal insider trading.
During the sentencing hearing, the Court found that HO had obstructed justice through his testimony at the trial.
United States Attorney Fremin stated, “This multi-agency investigation and the resulting sentence should send a strong message to insiders and potential tippees that insider trading will not be tolerated and may very well result in a significant federal prison sentence. This type of crime, which threatens the integrity of financial markets where millions of citizens invest their money, will be aggressively pursued by federal agents and prosecutors across our country. I truly appreciate the efforts of the FBI, IRS-Criminal Investigations, U.S. Secret Service, and the prosecutors and staff within this office, who worked tirelessly to uncover, investigate, and bring this case to trial. I also want to thank the Securities and Exchange Commission for their efforts and for providing one of their financial economist to testify at trial.”
FBI Special Agent-in-Charge Eric J. Rommal stated, "The nation's economy is increasingly dependent on the success and integrity of the securities and commodities markets. White collar crimes like securities market violations cause significant losses each year to the U.S. market. Today, the first of three defendants convicted at trial was sentenced. In an effort to enhance his personal finances, this defendant conspired to manipulate the stock market and take advantage of insider information. The noteworthy sentence handed down today, the announcement made by U.S. Attorney Fremin and the dedicated work by the men and women of the FBI, Secret Service, IRS-CI and Securities and Exchange Commission reinforces our belief in our criminal system that justice will prevail."
“Victory Ho is a prime example of someone who, for his own personal benefit, cheated American taxpayers and investors by using information he received illegally,” said Thomas J. Holloman, III, Special Agent in Charge, IRS – Criminal Investigation. “With both law enforcement and financial investigation expertise, IRS Criminal Investigation special agents are uniquely qualified to assist state and federal law enforcement and other regulatory agencies with these types of cases.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Baton Rouge offices of the FBI, Secret Service, and IRS-Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Chris Dippel and Patricia Jones.
Broadway Crips Gangster Convicted of Narcotics Offenses and Implicated in Two Murders Sentenced to 35 Years in Federal PrisonRead the Press Release
LOS ANGELES – A prominent member of the Five Deuce Broadway Gangster Crips (BGC) – who was found guilty by a jury last year of three counts of distribution of crack cocaine, which included him selling crack cocaine near schools – has been sentenced to 35 years in federal prison.
Marquis Shaw, also known as “Tiny Looney,” 43, of South Los Angeles, was sentenced Wednesday afternoon by United States District Judge S. James Otero after a nearly three-hour sentencing hearing.
Following a four-week jury trial in March, Shaw was convicted of three drug trafficking offenses. Shaw had previously been convicted of felony narcotics offenses in two prior cases, as well as voluntary manslaughter, assault with a firearm, assault with a deadly weapon, and being a felon in possession of a firearm.
Two other defendants also were convicted in relation to the trial earlier this year. Joshua Perez, aka “Tiny Ange,” 26, of Los Angeles, pleaded guilty during the trial to racketeering and drug trafficking conspiracy charges and admitted participating in a murder that Shaw supervised. Anthony Ingram, aka “Big Toon,” 55, of Los Angeles, was also convicted of drug charges.
Although the jury did not convict Shaw of racketeering charges, Judge Otero at Wednesday’s sentencing hearing determined that the evidence presented at trial established that Shaw was responsible for two slayings. Judge Otero said that Shaw was one of the most sophisticated and culpable defendants in the BGC criminal enterprise, and that Shaw posed “a clear and continuing danger to the community.”
The evidence presented at trial earlier this year showed that Shaw and other gang members murdered a man on Sunset Boulevard in 2003 after a concert at the House of Blues. According to the testimony at trial, Shaw was driving one of two cars that surrounded the victims’ car and sprayed it with bullets from both sides. The driver of that car, Luis Roaches, who was not a gang member, died after being shot in the head and chest; another passenger was injured. Following the shooting, Shaw led police on a high-speed chase through West Hollywood and Beverly Hills, during which he tossed what was later determined to be one of the murder weapons. Shaw later pleaded guilty in state court to voluntary manslaughter in this shooting.
Additionally, evidence presented at trial showed that Shaw participated in and supervised another BGC shooting attack in 2012. Several BGC members, including Perez, traveled into rival gang territory near the Hyde Park District of Los Angeles and fired a barrage of more than 40 bullets into a crowd of people walking into a rival gang’s party. William Sherman, who was not a member of that rival gang, was killed, and two others were injured. When Perez pleaded guilty, he admitted his participation in Sherman’s murder.
Shaw was one of 72 defendants named in a 2014 RICO indictment that described the criminal activities of the BGC, a street gang that claims territory in South Los Angeles and controls drug sales in an area just west of Skid Row in Downtown Los Angeles. The indictment outlined two decades of criminal conduct, including murders, robberies, extortion, illegal firearms possession, witness intimidation and narcotics trafficking.
The investigation into the BGC was called Operation “Gremlin Riderz” because authorities focused on a particularly violent “clique” – or subset of the gang. During his trial, Shaw was also identified as a member of this hit squad, which was known as the “Gremlins.”
All 72 defendants charged in the case have been convicted by guilty plea or at trial. All but six of the defendants have been sentenced, with the lengthiest prison term, prior to Shaw’s sentence, being 30 years. The remaining defendants, including Perez, are due to be sentenced in the coming months.
The multi-year investigation into the BGC, known as Operation Gremlin Riderz, was conducted by agents and officers with the Federal Bureau of Investigation and the Los Angeles Police Department. Considerable assistance was provided during this investigation by the California Department of Corrections and Rehabilitation, the Torrance Police Department, the Buena Park Police Department, the El Segundo Police Department, the San Bernardino Police Department and the Los Angeles City Attorney’s Office.
This case is being prosecuted by Assistant United States Attorney Mack Jenkins, Chief of the Public Corruption and Civil Rights Section, and Assistant United States Attorneys Max Shiner, Wilson Park and Aron Ketchel of the Violent and Organized Crime Section.
Beavercreek Man Arrested and Charged with Attempting to Travel Overseas to Train with ISIS Wilayat KhorasanRead the Press Release
DAYTON – A Beavercreek man has been arrested and charged by criminal complaint with attempting to provide material support to ISIS-affiliated foreign terrorist organizations.
Naser Almadaoji, 19, an Iraqi-born U.S. citizen, was arrested yesterday at John Glenn International Airport in Columbus, Ohio. It is alleged Almadaoji planned to travel through Kazakhstan on his way to Afghanistan, where he intended to train with ISIS Wilayat Khorasan.
Assistant Attorney General for National Security John C. Demers, Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, FBI Assistant Director Michael McGarrity of the Counterterrorism Division and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges.
According to an affidavit filed in support of the criminal complaint, Almadaoji purchased a plane ticket for travel on October 24, 2018. It is alleged that Almadaoji intended to travel to Astana, Kazahkstan, where he planned to be smuggled into Afghanistan so that he could receive military training from ISIS Wilayat Khorasan in support of the terrorist group, or another ISIS affiliate. Almadaoji explained to an individual whom he believed to be in contact with ISIS that he wanted “weapons experts training, planning, executing, hit and run, capturing high value targets, ways to break into homes and avoid security guards. That type of training.”
It is alleged that in September and October 2018, Almadaoji began making travel plans to Kazakhstan.
Prior to that, between February 16 and 24, 2018, Almadaoji traveled to Egypt and Jordan for the purpose of joining a terrorist group. In August 2018, Almadaoji allegedly communicated online with an individual he believed to be an ISIS contact; Almadaoji allegedly implied to that individual that he tried to join a terrorist group when in Jordan and Egypt, stating “I don’t wanna say here why I was in egypt but him [an Egyptian associate] and I planned something and it didn’t work at [sic] well.”
It also is alleged that, in August 2018, Almadaoji told a second individual online—whom Almadaoji believed to be associated with ISIS—that he was “always willing” to assist with “projects” in the United States.
According to the affidavit, Almadaoji pledged allegiance to ISIS and discussed with his second contact that he planned to start a conflict between the United States Government and anti-government militias. Almadaoji allegedly recorded and sent a video of himself wearing a headscarf and pledging allegiance to the leader of ISIS.
It is further alleged that Almadaoji translated ISIS propaganda from Arabic to English, and he told his contact—whom Almadaoji believed to be part of ISIS—“Don’t thank me . . . it’s my duty.”
Attempting to provide material support and resources to a foreign terrorist organization is a federal crime punishable by up to 20 years in prison.
Assistant Attorney General Demers and U.S. Attorney Glassman commended the investigation of this case by the FBI.
“This is the third individual arrested by the FBI on terrorism charges in just over a week. As demonstrated by these arrests – two in Ohio and one in Illinois – the threat posed by terrorism remains extremely serious,” said Assistant Director Michael McGarrity of the FBI's Counterterrorism Division. “The FBI is working with our law enforcement partners day and night through our Joint Terrorism Task Forces across the nation to identify terrorists and those who support them. The American public also has an important role to play, and we urge anyone who sees something suspicious to contact law enforcement. Your tips are vitally important to protecting our country.”
The FBI’s Dayton-Cincinnati Joint Terrorism Task Force includes officers and agents from Cincinnati, Cincinnati State, Colerain Township, Dayton, University of Cincinnati and West Chester police departments, Greene and Hamilton county sheriff’s offices, Oakwood Public Safety Department, United States Department of Homeland Security and Columbus International Airport Police and Public Safety.
The case is being prosecuted by Assistant United States Attorney Dominick S. Gerace, First Assistant United States Attorney Vipal J. Patel and Trial Attorney Justin Sher of the National Security Division’s Counterterrorism Section.
A criminal complaint merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Bail Bondsman Pleads Guilty to Federal Tax OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Kristina O’Connell, Special Agent in Charge of IRS Criminal Investigation in New England, announced that REGAN TIPPETT, 43, of East Lyme, pleaded guilty today before U.S. District Judge Janet C. Hall in New Haven to federal tax offenses.
According to court documents and statements made in court, Tippett is a partner in the bails bonds company, Statewide Bail Bonds. For the 2010 through 2012 tax years, Tippett deposited income derived from bail bond fees into his personal bank account and failed to report that income to the company’s outside accountant who prepared both the company’s and Tippett’s federal income tax returns. As a result, Tippett underpaid his federal income taxes by a total of $69,837.
Tippett pleaded guilty to two counts of willful failure to keep tax records. Judge Hall scheduled sentencing for January 18, 2019, at which time Tippett faces a maximum term of imprisonment of two years.
Tippett is released on a $50,000 bond pending sentencing.
This matter has been investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorneys Douglas P. Morabito and Christopher W. Schmeisser.
Attorney General Sessions Recognizes U.S. Attorney’s Office with Awards for Work on National Security CasesRead the Press Release
WASHINGTON – Attorney General Jeff Sessions has recognized two teams from the U.S. Attorney’s Office for the District of Columbia and their partners in the FBI for outstanding achievements in national security cases involving attacks on American citizens abroad.
The team members were among 244 Justice Department employees and 36 individuals outside the Department to receive Attorney General Awards on October 24, 2018, at a ceremony in Washington, D.C. The 66th annual ceremony recognized employees and other individuals who have demonstrated exceptional achievements, leadership, and service to the Department of Justice and the American people.
“Service in the Department of Justice is more than a normal job; it is a calling to the highest standards of professionalism,” said Attorney General Jeff Sessions. “That is true for all of the 115,000 Department of Justice employees. But it is especially true for these award winners. And so I want to thank them and their families for their exemplary service to this Department and to the American people. They have made this Department proud.”
“These awards reflect the unwavering commitment of our office to achieving justice,” said U.S. Attorney Liu. “The honorees showed extraordinary skill and perseverance in investigating horrific crimes against Americans that occurred thousands of miles away and then bringing those responsible for the attacks to face charges in our courtrooms. Their achievements in these cases inspire all of us in our work.”
The Attorney General’s Award for Distinguished Service, the second-highest award for employee performance, was awarded to a team from the U.S. Attorney’s Office for the District of Columbia and the FBI that worked on the investigation and prosecution of Ahmed Abu Khatallah, a Libyan militia leader who played a key role in the deadly attack on the U.S. Mission and Central Intelligence Agency Annex in Benghazi, Libya, on September 11-12, 2012, which killed four Americans, including the U.S. Ambassador to Libya, J. Christopher Stevens.
The honorees from the U.S. Attorney’s Office were Assistant U.S. Attorneys John D. Crabb, Jr., Michael C. DiLorenzo, and Kenneth C. Kohl; Victim/Witness Advocate Yvonne Bryant; former Assistant U.S. Attorneys Julieanne Himelstein, David Mudd, and Opher Shweiki; and former Paralegal Specialist Rayneisha Booth.
The John Marshall Award, the Department’s highest award for attorneys for contributions and excellence in specialized areas of legal performance, was awarded for participation in litigation resulting in the successful prosecution of violent members of the Los Zetas Mexican cartel who brutally murdered U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Special Agent Jaime Zapata and wounded ICE HSI Special Agent Victor Avila on Feb. 15, 2011, in Mexico.
Honorees from the U.S. Attorney’s Office were Assistant U.S. Attorneys Jocelyn Ballantine, Fernando Campoamor-Sanchez, and Karen Seifert.
The program honored individuals across the Justice Department and federal, state, local, and tribal partners for their selfless efforts protecting national security and civil rights, addressing rising violent crime in our communities, and investigating and prosecuting gangs and those trafficking in dangerous narcotics and human beings. The awards also honored the work of civil and environmental litigation, which enforces the rule of law and upholds our Constitution. They also recognized employees whose ideas and efforts save taxpayer dollars and help our government operate more effectively and efficiently, among other contributions to public safety and good governance.
The ceremony included an award for exceptional heroism to U.S. Marshal Senior Inspector Basilio S. Perez, Jr., for his courageous actions to protect and aid victims of the October 1, 2017, mass shooting in Las Vegas, Nevada.
Attorney General Jeff Sessions Recognizes Department Employees and Others for Their Service at 66th Annual Attorney General AwardsRead the Press Release
Tampa, FL – Attorney General Jeff Sessions recognized 244 department employees for their distinguished public service yesterday at the 66th Annual Attorney General’s Awards Ceremony. Thirty-six other individuals outside of the department were also honored for their work. This annual ceremony recognizes employees and other individuals who have demonstrated exceptional achievements, leadership, and service to the Department of Justice and the American people. This year’s award includes an award for exceptional heroism to U.S. Marshal Senior Inspector Basilio S. Perez, Jr., for his courageous actions to protect and aid victims of the October 1, 2017, mass shooting in Las Vegas, Nevada.
“Service in the Department of Justice is more than a normal job; it is a calling to the highest standards of professionalism,” Attorney General Jeff Sessions said. “That is true for all of the 115,000 Department of Justice employees. But it is especially true for these award winners. And so I want to thank them and their families for their exemplary service to this Department and to the American people. They have made this Department proud.”
“I am really proud of Anita Cream for her outstanding contributions to our Office and the Department,” said U.S. Attorney Chapa Lopez.
This year’s program honors individuals across the department and our federal, state, local, and tribal partners for their self-less efforts, protecting our national security and our civil rights, addressing rising violent crime in our communities, going after gangs and those trafficking in dangerous narcotics and human beings. The awards also honor the work of civil and environmental litigation, which enforces the rule of law and upholds our Constitution. They also recognize employees whose ideas and efforts save taxpayer dollars and help our government operate more effectively and efficiently, among other contributions to public safety and good governance.
In the Middle District of Florida, Asset Forfeiture Chief Anita Cream was recognized for the oral and written guidance she provided in response to the Supreme Court’s opinion in Honeycutt v. United States of America. Her involvement substantially helped prosecutors understand how to pursue criminal forfeiture in light of the Court’s ruling in the case, which reversed decades of criminal forfeiture practice.
Amherst Sentenced on Health Care Fraud 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 Umar Adeyola, 48, of Amherst, NY, who was convicted of conspiracy to commit health care fraud, was sentenced to serve 60 months in prison by U.S. District Judge Lawrence J. Vilardo. The defendant was also ordered to pay restitution totaling $135,739 to the U.S. Department of Labor, and $228,638 to health insurance companies.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that the defendant founded, organized, and managed the HEART Foundation, a not-for-profit organization intended to assist area youths, and Heart Community Alliance (“HCA”), a related for-profit organization, intended to provide clinical services, such as counseling and psychotherapy, to youths. Through his role with those organizations, Adeyola engaged in two major fraud schemes.
The first scheme involved attempts by the defendant, on behalf of HCA, to defraud private insurance companies Blue Cross Blue Shield, Independent Health, and Univera. Adeyola arranged for the submission of false and fraudulent bills for office visits using the names and/or provider numbers of healthcare providers who had not actually rendered the services claimed. The bills falsely represented that the services had been rendered by properly licensed and credentialed social workers when, in fact, the services had actually been provided by other individuals, including interns. The scheme included the submission to the same insurance companies of bills for services which purported to have been rendered by a social worker who was actually hospitalized and/or deceased on the dates of service claimed.
In addition, Adeyola falsified documents in response to an audit of HCA by Independent Health. During the course of the audit, the defendant made materially false statements to representatives of Independent Health, with respect to the deceased social worker who he claimed had rendered services at HCA.
The second scheme involved Adeyola’s theft of government funds in the form a federally funded grant received by the Heart Foundation. Specifically, in April 2013, the Heart Foundation was selected to be a recipient of a Department of Labor grant, administered by the Latino Coalition, an entity in California. Adeyola submitted in excess of 30 false and fraudulent reimbursement requests for grant funds, resulting in payment of approximately $135,000 to the Heart Foundation.
“While the stated mission of the HEART Foundation and Heart Community Alliance—to assist young people in need in our community—was laudable, the motive of their founder, this defendant, was criminal,” said U.S. Attorney Kennedy. “Our office will not stand by when any individual attempts to defraud the health insurance industry or steal from the government. Such behavior drives up costs for all taxpayers and keeps funding from other organizations in need.”
“Umar Adeyola defrauded the U.S. Department of Labor’s (DOL) Employment and Training Administration by submitting dozens of fraudulent reimbursement requests for Workforce and Investment Act grant funds intended for those who were entitled to such benefits. We will continue to work with our law enforcement partners to aggressively pursue those who defraud DOL programs,” stated Michael Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.
“Adeyola schemed to fatten the bottom line by defrauding taxpayer-funded government programs. Instead he will be imprisoned and forced to pay restitution,” said Scott J. Lampert, Special Agent-in-Charge for the Office of Inspector General of the U.S. Department of Health and Human Services. “Those considering such schemes should be prepared for harsh consequences.”Today’s sentencing is the result of an investigation by the U.S. Department of Labor, Office of Inspector General, Office of Investigations – Labor Racketeering and Fraud, under the direction of Michael Mikulka, Special Agent-in-Charge of the New York Region; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; and the Department of Health and Human Services, Office of Inspector General, Office of Investigations under the direction of Special Agent-in-Charge Scott Lampert.
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Allen County Man Sentenced to 135 Months in PrisonRead the Press Release
FORT WAYNE – Andrew Wood, age 24, of Leo, Indiana, was sentenced by U.S. District Court Chief Judge Theresa Springmann after pleading guilty to armed bank robbery along with aiding and abetting the use of a firearm during a crime of violence, announced U.S. Attorney Kirsch.
Wood was sentenced to 135 months in prison followed by 2 years of supervised release and ordered to pay $1,527.37 in restitution.
According to documents in the case, on September 12, 2014, Wood and five co-defendants robbed a bank in Harlan, Indiana at gunpoint. Wood and another co-defendant entered the bank while the four remaining co-defendants, spread among three vehicles, took up various positions in the area surrounding the bank. After entering the bank, Wood’s co-defendant displayed a handgun and the two men demanded money from the bank employees. After having trouble exiting the bank, two shots were fired through the glass front doors of the bank so Wood and his co-defendant could exit. Wood was apprehended a short time later a short distance from the bank. The other five co-defendants were also apprehended a short time later.
This case was investigated by the FBI and Indiana State Police. The case was prosecuted by Assistant United States Attorney Lesley Miller Lowery.
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Albuquerque Man Sentenced to 137 Months for Federal Mail Theft, Drug Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Nathan Berke, 38, of Albuquerque, N.M., was sentenced today in federal court to 137 months in prison followed by four years of supervised release for his conviction on drug trafficking, firearms and mail theft charges. The sentence was announced by U.S. Attorney John C. Anderson and Inspector in Charge Melisa Llosa of the Phoenix Division of the U.S. Postal Inspection Service.
Berke and co-defendant Joann Bell, 38, also of Albuquerque, were charged on May 24, 2017, in a 14-count indictment with drug trafficking, firearms, mail theft, bank fraud and aggravated identity theft offenses. Bell pled guilty in Dec. 2017, and on Dec. 5, 2017, a superseding indictment charging Berke individually, was filed.
The 13-count superseding indictment charged Berke with the following offenses: participation in a methamphetamine trafficking conspiracy in July 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on July 28, 2016, in Bernalillo County; using a firearm in furtherance of a drug trafficking crime on July 28, 2016, in Bernalillo County; possession of stolen mail on July 28, 2016, in Bernalillo County; possession of methamphetamine with intent to distribute on Aug. 9, 2016, in San Juan County; being a felon in possession of a firearm on July 28, 2016, in Bernalillo County; possession of stolen mail on Aug. 9, 2016, in San Juan County; and three counts of bank fraud and three counts of aggravated identity theft from July 23, 2016 through July 25, 2016, in New Mexico.
On Sept. 25, 2018, Berke pled guilty to a four-count felony information charging him with conspiracy, two counts of possession of methamphetamine with intent to distribute, and using a firearm in furtherance of a drug trafficking crime. Additionally, Berke pled guilty to Counts 5 through 10 of the superseding indictment charging him with being a felon in possession of a firearm, two counts of possession of stolen mail and three counts of bank fraud.
In entering the guilty plea, Berke admitted the following:
- On July 28, 2016, Berke possessed 100 grams of methamphetamine in Bernalillo County, which he intended to distribute to others, stolen mail, and two loaded firearms. Berke also acknowledged that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon.
- On Aug. 9, 2016, Berke possessed approximately 105 grams of methamphetamine in San Juan County, which he intended to distribute to others, and stolen mail.
- Between July 23, 2016 and July 25, 2016, Berke used identity information from stolen mail and counterfeit identifications to pass counterfeit and unauthorized checks in the names of others to purchase gift cards at Albuquerque-area stores, which he then sold to others for cash. Berke also admitted that in this time-period, he attempted to open a membership account at an Albuquerque-area store using a counterfeit check, counterfeit identifications and a drivers’ license in the name of another person.
On Dec. 14, 2017, Bell pled guilty to conspiracy, possessing methamphetamine with intent to distribute, and possessing stolen mail. In entering the guilty plea, Bell admitted that on July 28, 2016, she and another person possessed approximately 100 grams of methamphetamine, which they intended to distribute to others. Bell also admitted that on that same day, she possessed mail that belonged to others that had been stolen from an authorized depository for U.S. mail.
Bell previously had been arrested in Sept. 2016, on a criminal complaint charging her with repeatedly stealing mail from U.S. Postal Service mail collection boxes located outside of U.S. Post Offices in Albuquerque by using a “fishing” device she fed into the mailbox to “fish” mail out. Bell was indicted in this case on Oct. 12, 2016, and was charged with stealing and receiving stolen mail on Sept. 18, 2016 in Bernalillo County. On March 30, 2017, Bell pled guilty to the indictment and admitted using a “fishing” device to pull mail out of USPS collection boxes on Sept. 17 and 18, 2016.
Bell was sentenced in both cases on June 20, 2018, to a total of 60 months in federal prison followed by four years of supervised release.
These cases were investigated by the U.S. Postal Inspection Service with assistance from the DEA and were prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Sean J. Sullivan.
21 Individuals Convicted for Smuggling Weapons into MexicoRead the Press Release
TUCSON, Ariz. – This week, the last of a total of 21 defendants was convicted in federal court of smuggling weapons into Mexico and related offenses. The convictions were the result of a joint investigation between the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Homeland Security Investigations (HSI), that began in 2015. Nineteen adults and two juveniles received sentences that ranged from probation to five years’ prison for their roles in this large criminal organization.
In October 2015, ATF received information that several assault rifles and large-capacity magazines were seized in Mexico, and determined that the weapons were purchased by individuals in Arizona. Over the next five months, agents identified a total of 24 participants in a weapons-smuggling conspiracy that was responsible for the acquisition of at least 70 firearms and 75,000 rounds of ammunition intended to be unlawfully exported into Mexico. Several of the conspirators purchased the weapons, while others provided money and vehicles, and others transported the weapons within Arizona and across the International Border into Mexico. The leader of the organization, Edgar Vega-Barreras, 30, a Mexican citizen, was convicted by a jury of conspiracy to smuggle goods from the United States, and was sentenced by United States District Judge Jennifer G. Zipps to five years’ prison. Judge Zipps, United States Senior District Judge Cindy K. Jorgenson, and United States District Judge Steven P. Logan also sentenced other members of the conspiracy.
The investigation in this case was conducted by the ATF and HSI, with assistance from the Arizona Department of Public Safety. The prosecution was handled by Angela W. Woolridge, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBERS: CR-16-0478-TUC-JGZ; CR-16-0482-TUC-JGZ; CR-16-0483-TUC-CKJ; CR-17-1155-PHX-SPL
RELEASE NUMBER: 2018-138_Vega-Barreras, et al
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
2018 Strom Thurmond Awards for Excellence in Law EnforcementRead the Press Release
COLUMBIA, SC –---The United States Attorney’s Office’s Law Enforcement Coordinating Committee (LECC), the South Carolina Law Enforcement Officers’ Association (SCLEOA), and the Strom Thurmond Foundation will host a luncheon on Friday, October 26, 2018, for the presentation of the 2018 Strom Thurmond Awards for Excellence in Law Enforcement. These awards, established in 1983 by Senator Strom Thurmond, are presented annually to a city, county, state, and federal law enforcement officer who has demonstrated the highest ideals of excellence in professional law enforcement. The awards ceremony will be attended by approximately 150 law enforcement officers from throughout the state.
The 2018 awards luncheon will be held at the Fort Jackson Officers’ Club at Fort Jackson. Lunch will begin at 12:00 p.m. and the awards program will begin at approximately 12:45 p.m. The names of award recipients will be announced during the luncheon.
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15th Defendant Indicted in Jamestown Methamphetamine Ring ArraignedRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. -- U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has indicted Henry Stovall, Jr., on charges of methamphetamine conspiracy, possession with intent to distribute, and distribution of, methamphetamine, and using and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Stovall was arraigned before U.S. Magistrate Judge Michael J. Roemer and is being detained.
The defendant was named in a 42-count indictment along with 14 other defendants including:
• Zackiel Fields, Jr.; • Ernest Cauley, Jr., a/k/a L.A., a/k/a Ernie; • Jamell Trapp, a/k/a K.S.; • Ramael Fields; • Stephanie L. Harrison; • Marcus Martin Bowman; • Danny W. Michael, Ill; • Alexis V. Hall; • Destiny J. Hare; • Andrew C. Bennett; • Searcy E. Fields; • Jacob A. Motherwell; • Michael A. Davis; and
• Stacie N. YancerAssistant U.S. Attorneys Patricia Astorga and Emmanuel Ulubiyo, who are handling the case, stated that according to the indictment and a previously filed complaint, all 15 defendants are accused of operating a drug trafficking organization, primarily involving methamphetamine, in the Jamestown area, since March 2017.
During the execution of search warrants throughout the investigation, law enforcement officers recovered 10 firearms and multiple rounds of ammunition, over 20 cellular telephones, drug paraphernalia, and U.S. currency.
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 Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Jamestown Police Department, under the direction of Chief Harry Snellings.
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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$848,459 Federal Grant to Help Kansas Fight MethRead the Press Release
TOPEKA, KAN. – The Kansas Bureau of Investigation will receive an estimated $848,459 in federal grant funds to fight methamphetamine trafficking, U.S. Attorney Stephen McAllister said today.
“Methamphetamine is closely tied in Kansas with violent crimes and property crimes,” said U.S. Attorney Stephen McAllister.
Methamphetamine is ranked as the top drug threat in Kansas, according a 2018 assessment by the Midwest High Intensity Drug Trafficking Areas. Other states to receive funding include Indiana, Iowa, Kentucky, Montana, Oklahoma, South Dakota, Tennessee and Wisconsin.
The award will come from the Office of Community Oriented Policing Services (COPS), which is part of the U.S. Department of Justice, through the COPS Anti-Methamphetamine Program (CAMP). CAMP funding may be used to locate or investigate illicit activities, including precursor diversion, laboratories or methamphetamine traffickers.
24 October 2018
Wilson Man Sentenced to 16 Years in Prison for Distributing Fentanyl that Resulted in DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced SHELTON JAMAAL JONES, a/k/a “300,” 32 from Wilson, North Carolina, to 192 months in prison, followed by 5 years of supervised release and $14,549.52 in restitution.
On January 10, 2018, JONES was named in a four-count Second Superseding Indictment filed in the Eastern District of North Carolina. Count One charged Distribution and Possession With the Intent to Distribute a Quantity of a Mixture and Substance Containing a Detectable Amount of Fentanyl, Resulting in Death or Serious Bodily Injury on August 12, 2017. On March 12, 2018, pursuant to a written plea agreement, JONES pled guilty to Count One.
On August 15, 2017, Wilson Police Department (WPD) officers were dispatched to a suspected overdose death on Turner Avenue in Wilson. The victim, age 39, was found unresponsive by a friend. A search of the residence resulted in the recovery of used syringes and empty bags stamped, “Best of Both Worlds.” An autopsy conducted on August 16, 2017, determined the victim’s cause of death to be acute fentanyl, methoxyacetylfentanyl, U-477001, hydrocodone, alprazolam, and diphenhydramine intoxication. As part of the investigation, a cooperating witness reported that they purchased heroin from JONES which was stamped, “Best of Both Worlds.”
On August 16, 2017, detectives established surveillance on JONES’ residence in Wilson. JONES left his residence and drove to a gas station in Wilson where he was observed conducting suspected drug transactions with two subjects. Officers subsequently effected traffic stops and recovered 12 bindles (0.4 gram in total) of fentanyl stamped, “Pink Monkey.” JONES was arrested and had 241 bindles of fentanyl stamped, “Pink Monkey,” in his pocket. Detectives executed a search warrant at JONES’ residence and recovered 140 bindles of fentanyl stamped, “Best of Both Worlds,” and $3,100 in United States currency from a safe in the master bedroom, and a 9mm handgun and two magazines underneath the bed. Subsequently, JONES admitted to the sale of narcotics.
Mr. Higdon commented, “SHELTON JAMAAL JONES has been an active part of in the opioid crisis. Fentanyl and heroin distribution cases are destroying our communities; as the Court stated today, the singular factor motivating defendants like JONES is greed. With the imposition of a 16 year sentence, the people of Wilson can begin to recover from the effects of JONES’ crime. We are very pleased that the United States Department of Justice could play a role in obtaining justice for the family and the community. I want to commend the Wilson Police Department and the Drug Enforcement Administration for their expedient and excellent work in this case.”
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter investigated by the Wilson Police Department Narcotics Unit and the Drug Enforcement Administration. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
Williamson County Man Sentenced for Methamphetamine OffensesRead the Press Release
Timothy O. Meadows, 35, of Marion, Illinois, has been sentenced to 121 months in federal prison for his role in a methamphetamine conspiracy, United States Attorney for the Southern District of Illinois, Steven D. Weinhoeft, announced today. Meadows previously pled guilty to a two-count indictment charging him with conspiracy to distribute more than 50 grams of methamphetamine and distribution of more than 5 grams of methamphetamine.
The indictment alleged that the offenses occurred between April 2017, and January 2018, in Williamson County. Evidence at the plea and sentencing hearings established that Meadows was involved with other persons in the distribution of ice. Ice is methamphetamine which has a purity level of at least 80%. On August 11, 2011, Meadows sold ice to a confidential source working for law enforcement. At sentencing, the district court found that Meadows was responsible for the distribution of approximately 450 grams of ice. Meadows received an enhanced sentence because he kept a loaded crossbow nearby while dealing methamphetamine.
The investigation was conducted by the Southern Illinois Enforcement Group. The Williamson County Sheriff’s Office/Illinois Law Enforcement Alarm System (ILEAS) SWAT Team and the Williamson County States Attorney’s Office also assisted in the investigation.
Washington Man Sentenced to 15 Years in Prison for the Interstate Transportation of Minors with the Intent to Engage in Criminal Sexual ActivityRead the Press Release
United States Attorney Mark A. Klaassen announced that David Peter Vier, 63, of Granite Falls, Washington, was sentenced on October 22, 2018, to serve 15 years in prison for transporting two minors, with the intent to engage in criminal sexual activity, from Washington to Wyoming. After serving his prison sentence, Vier will be under court-ordered supervision for 20 years. Vier was also ordered to pay a $5,000 assessment under the Justice for Victims of Trafficking Act. The conviction further requires Vier to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
On January 19, 2018, Vier encountered two female runaways, ages 12 and 14, in Seattle, Washington. The girls were requesting a ride to Wichita, Kansas, and Vier agreed to transport them approximately half way to Little America, Wyoming. During the trip, Vier bought the girls makeup and made comments of sexual nature. Vier stopped at a remote location in Oregon where he had sexual contact with both of the minors. Vier then told the girls they would engage in sexual intercourse after they arrived in Wyoming.
Wyoming law enforcement were actively looking for the minors after being contacted by a concerned citizen in Kansas who indicated the girls were in a dangerous situation. Upon arriving to Little America, Wyoming, the girls immediately sought help. Employees of a local restaurant promptly contacted law enforcement during the evening of January 20, 2018, which resulted in the minors being recovered and Vier being taken into custody.
"This case illustrates the vital role the public plays in helping the government protect the most vulnerable in our community. With the assistance of concerned citizens, law enforcement was able to rescue the children in this case and our office was able to hold the offender responsible for his actions," said U.S. Attorney Klaassen
United States District Court Judge Alan Johnson imposed the sentence. This case was investigated by the Federal Bureau of Investigation and the Sweetwater County Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Nicole M. Romine of the U.S. Attorney’s Office for the District of Wyoming.
Anyone who suspects instances of human trafficking are encouraged to call the FBI or the Human Trafficking Hotline. The Human Trafficking Hotline may be reached by phone at 1-888-373-7888, by text at 233733, or by online reporting at https://humantraffickinghotline.org/.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, via its toll-free 24-hour hotline, 1-800-THE-LOST (1-800-843-5678) or by its CyperTipline at https://report.cybertip.org.
Warrenton Man Indicted for Drug Distribution and Firearm ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a Federal grand jury in Raleigh has returned a three-count indictment charging ROBERT FULTON BACON, a/k/a “Face,” age 32, of Warrenton, North Carolina, with one count of possessing a firearm and ammunition as a convicted felon and two counts of possessing with the intent to distribute cocaine and crack cocaine.
If convicted of these charges, BACON would face maximum penalties of 20 years’ imprisonment, and at least 3 years or up to life of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
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. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case is being investigated by the Warren County Sheriff’s Office. Assistant United States Attorney Robert J. Dodson is prosecuting the case for the government.
Wagoner Man Sentenced to 120 Months for Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Carlos Peralta, age 28, of Wagoner, Oklahoma, was sentenced to 120 months imprisonment and 5 years supervised release for Possession With Intent To Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A). The charges arose from an investigation by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Indictment alleged that on or about June 22, 2017, within the Eastern District of Oklahoma, Peralta knowingly and intentionally possessed with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
United States Attorney Brian J. Kuester said, “This investigation and prosecution disrupted a significant Methamphetamine distribution source in Cherokee County. Thousands of dosage units were prevented from reaching their intended destinations in communities throughout Cherokee County and beyond. The team effort between the Cherokee County Sheriff’s Office and ATF has been and continues to be a great benefit to the Eastern District of Oklahoma.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Kristin Harrington represented the United States. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served.
Violent Grape Street Crips Member Sentenced to 30 Years for Murder and Attempted Murder as Part of RICO ConspiracyRead the Press Release
NEWARK, N.J. – A high-ranking member of the New Jersey Grape Street Crips was sentenced today to 30 years in federal prison for his role in orchestrating a murder, participating in a separate attempted murder, and conspiring to distribute copious amounts of crack cocaine, all as part of a racketeering conspiracy, U.S. Attorney Craig Carpenito announced.
Rashan Washington a/k/a “Shoota,” 31, previously pleaded guilty before U.S. District Judge Madeline Cox Arleo to five counts in the sixth superseding indictment, which charged him with murder and attempted murders as part of a RICO conspiracy, conspiracy to commit aggravated assault in aid of racketeering, conspiracy to possess a firearm, conspiracy to distribute 280 grams or more of crack cocaine, and participating in a continuing criminal enterprise. Judge Arleo imposed the sentence today in Newark federal court. Washington’s sentence will run consecutively to a 14-year sentence previously imposed by the Essex County Superior Court for his role in a separate shooting.
Washington was one of 14 defendants charged in November 2016 in a 22-count indictment with, among other things, seven murders, numerous attempted murders and other violent and drug trafficking crimes committed as part of the racketeering conspiracy. Twelve of the 14 defendants have now been convicted. The two remaining defendants, Hanee Cureton and Khalil Stafford, are pending trial.
An additional 68 members and associates of the Grape Street Crips were arrested in a coordinated takedown in May 2015 were separately charged with drug-trafficking, physical assaults, and witness intimidation. Sixty-six individuals also have been convicted, and charges remain pending against two.
According to the documents filed in this case and other cases and the evidence presented at trial:
As part of the racketeering conspiracy, Washington admitted that he orchestrated Anwar West’s murder on the orders of the gang’s leader, Corey Hamlet, a/k/a “C-Blaze,” a/k/a “Blaze,” a/k/a “Blizzie,” a/k/a “Castor Troy,” 42, of Newark, New Jersey. Hamlet, Washington, and other gang-members believed that West had been disloyal by setting up a meeting at the Mall at Short Hills in Millburn, New Jersey, in an attempt to end a long-running feud between Hamlet and Almalik Anderson, a rival.
To set up West’s murder, Washington purposely left him alone inside of a blue Jeep Cherokee knowing that another gang-member intended to shoot and kill West. Washington admitted that, after he set up West in the Jeep Cherokee, another gang-member shot West once in the head, killing him. Afterwards, Washington was promoted to the rank of “G,” of “Gangster,” within the NJ Grape Street Crips.
After the Short Hills meeting, Hamlet used a social media account to post a report from the Essex County Prosecutor’s Office purportedly indicating that Anderson had provided a statement to law enforcement. Just three days after Hamlet’s social media post, gang members – acting on Hamlet’s orders – repeatedly shot and nearly killed Anderson and Saidah Goines, a bystander who was inside Anderson’s car. Following the attempted murder of Anderson, Hamlet ordered Washington and another gang member to murder West.
Washington also admitted that on Oct. 7, 2013, he and other gang members sought to avenge the murder of a fellow gang member who had recently been killed by rival gang members. Washington and his fellow gang members travelled to the area of Avon Avenue in Newark where one of Washington’s fellow gang members fire 14 shots in an attempt to shoot members of the rival gang. After returning to their staging area after the shooting, Washington fled law enforcement who attempted to arrest him and his fellow gang members.
Finally, Washington admitted to participating in a conspiracy to distribute 280 grams or more of crack cocaine and participating in a continuing criminal enterprise.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, and special agents of the DEA, under the direction of Special Agent in Charge Valerie A. Nickerson with the investigation. He also thanked the Essex County Prosecutor’s Office, under the direction of Prosecutor Theodore N. Stephens II, police officers and detectives of the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose, and the Essex County Sherriff’s Office, under the direction of Armando B. Fontoura, for their work on the case.
The case is being prosecuted by Osmar J. Benvenuto, Chief of the Organized Crime and Gangs Unit and Assistant U.S. Attorney Richard J. Ramsay of the Appeals Division in Newark.
This case was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) and the FBI’s Safe Streets Task Force, a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
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Defense Counsel: Pasquale F. Giannetta Esq., Newark
Valley View, Texas, Woman Pleads Guilty to Theft from Gaming Establishment on Indian LandsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeannie Irene Stegner, age 52, of Valley View, Texas, entered a guilty plea to Theft From Gaming Establishments On Indian Lands, in violation of Title 18, United States Code, Section 1167(a), punishable by up to 1 year imprisonment, up to a $100,000.00 fine, or both.
The Information alleged that on June 9, 2018, in the Eastern District of Oklahoma, the defendant, did embezzle, abstract, purloin, willfully misapply, and take and carry away property of a value of $1,000.00 or less belonging to the Chickasaw Nation WinStar World Casino and Resort, an Indian gaming establishment operated by the Chickasaw Nation, pursuant to an ordinance or resolution approved by the National Indian Gaming Commission.
The charges arose from an investigation by the Chickasaw Nation Lighthorse Police and the Bureau of Indian Affairs.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney John David Luton represented the United States.
United States Obtains $3 Million Consent Judgment and Federal Healthcare Exclusions to Settle Civil Complaint Alleging Fraud by Operators of Community Mental Health ClinicsRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that United States District Judge Jeffrey L. Schmehl entered a $3 million consent judgment against Melchor Martinez, Melissa Chlebowski, both of Allentown, PA, and their businesses, as follows: Northeast Community Mental Health Centers (in Philadelphia); Lehigh Valley Community Mental Health Centers (in Allentown, Easton, and Bethlehem); and Carolina Community Mental Health Centers (in Raleigh, North Carolina).
The consent judgment was entered on October 18, 2018 as part of a settlement resolving a civil health care fraud lawsuit filed by the U.S. Attorney’s Office for the Eastern District of Pennsylvania under the False Claims Act. The institutional defendants are community mental health clinics that were funded largely by Medicaid and Medicare.
Martinez was convicted of Medicaid fraud in 2000 by the Commonwealth of Pennsylvania. As a result, he was excluded from participating in all federally funded health care programs, including Medicaid and Medicare. The exclusion prohibited Martinez from owning, managing, or receiving payments from any federally funded health care provider. The United States alleged in the lawsuit that in spite of his exclusion, Martinez, assisted by his wife Chlebowski, continued to own and operate the Northeast and Lehigh Valley clinics, and that he started the Carolina clinic in Raleigh, North Carolina while his exclusion was ongoing in 2009.
The United States alleged in its complaint that Chlebowski falsified Medicare and Medicaid enrollment applications by failing to disclose that Martinez, an excluded person, was managing the clinics, and that, as a result, all of the clinics’ Medicare and Medicaid claims were false. Retired former Chief Judge Lawrence Stengel, in a 2017 decision denying the defendants’ motions to dismiss the United States’ complaint, determined that such allegations state false claims under the long-recognized “fraudulent inducement” False Claims Act theory.
The complaint also alleged that Martinez and Chlebowski funneled money from the clinics to Martinez himself, who profited from violating his exclusion, and took steps to cover it up. The United States alleged that the Northeast and Lehigh Valley clinics paid Martinez $35,000 per month in rental payments for properties that he owned and leased to the clinics. The pair attempted to conceal the payments to Martinez by issuing rent checks to Chlebowski or to Martinez’s shell entity, MM Consultants. Martinez also allegedly profited when the Lehigh Valley clinic paid about half of the purchase price for an Allentown property purchased by Martinez’s shell entity, and when the Lehigh Valley clinic paid approximately $900,000 to renovate two clinic properties in Allentown and Bethlehem that were owned by Martinez or his shell entity.
The United States also alleged other various types of fraud under Martinez’s and Chlebowski’s management of the clinics. The complaint alleged that clinic patients, including children, were being seen by clinic doctors for psychiatric medication management (also known as “med checks”) for as little as two to three minutes, while the Northeast and Lehigh Valley clinics billed Pennsylvania Medicaid as if the patients had been seen for 15 minute visits.
The complaint alleged that as part of the scheme, Martinez himself recruited individuals from his native Dominican Republic to work as mental health therapists in the Lehigh Valley and Northeast clinics. The complaint further alleged that the clinics employed individuals who did not have the requisite credentials to work as mental health therapists and that, as a result, the clinics falsely billed Medicaid for services performed by unqualified persons.
Finally, the complaint alleged that under Martinez’s and Chlebowski’s management, the Northeast and Lehigh Valley clinics failed to appropriately staff their multiple clinic locations with an onsite psychiatrist as required by Medicare rules. As a result, the clinics fraudulently billed Medicare for services performed by therapists under the supervision of a physician when no physician was actually present.
The consent judgment and settlement resolve a lawsuit filed under the False Claims Act (FCA) in the U.S. District Court for the Eastern District of Pennsylvania by a former employee of the Carolina Community Mental Health Clinic. Under the qui tam or whistleblower provisions of the False Claims Act, private citizens are permitted to bring lawsuits on behalf of the United States and obtain a portion of the government’s recovery. The False Claims Act also permits the government to intervene and take over the lawsuit, which occurred in this case.
“A federal healthcare exclusion is intended to side-line an entity or individual who has previously defrauded the government,” said U.S. Attorney McSwain. “It must be respected – not ignored, as in this case. Participating in and receiving payments from Medicare, Medicaid, or other federal healthcare programs while excluded is fraud, plain and simple. This lawsuit and its resolution represent our commitment to holding accountable those who violate the terms of their exclusion. We thank the relator and the relator’s attorney for their invaluable contribution in this case. Without information from citizens like the relator, detecting fraud and conserving government program funds would be much more difficult,” said U.S Attorney McSwain.
“Civil enforcement is an important tool in our ongoing battle against health care fraud,” said Maureen R. Dixon, Special Agent in Charge of the Office of the Inspector General for the U.S. Department of Health and Human Services. “We will continue to work closely with the United States Attorney’s Office to ensure the integrity of taxpayer funds and protect beneficiaries of federal healthcare programs.”
Prior to the United States filing its civil fraud lawsuit in 2015, the Northeast and Lehigh Valley clinics were the largest providers of mental health services to Medicaid patients in their respective regions. They generated $75 million in combined Medicaid and Medicare payments from 2009 through 2012. Soon after the United States filed this lawsuit, the Northeast and Lehigh Valley clinics were forced out of Pennsylvania’s Medicaid program.
As part of the settlement with the United States, Chlebowski and the mental health clinics are excluded from participating in federal healthcare programs for a period of five years. Martinez, who was previously excluded, is now excluded for an additional ten years based on this matter.
The government’s resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints 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).
This matter was investigated by the U.S. Department of Health and Human Services’ Office of Inspector General and the U.S. Attorney’s Office for the Eastern District of Pennsylvania, with assistance from the Pennsylvania Office of Attorney General and the North Carolina Department of Justice. The case is assigned to Assistant U.S. Attorneys Judith A. Amorosa and Viveca D. Parker of the Civil Division, health care fraud auditor George Niedzwicki, and Paralegal Specialist Patricia Bontempo.
The case is captioned United States v. Melchor Martinez, et al. / United States and State of North Carolina, ex rel. Smith v. Carolina Community Mental Health Centers, et al., No. 5:11-cv-02756 (E.D. Pa.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
U.S. Attorney David C. Joseph and DEA announce 16th annual National Prescription Drug Take Back DayRead the Press Release
SHREVEPORT, LAFAYETTE, MONROE, ALEXANDRIA, LAKE CHARLES, La. – Mark your calendars for the annual National Prescription Drug Take Back Day to be held on Saturday, October 27, at various locations throughout Shreveport, Lafayette, Monroe, Alexandria and Lake Charles.
“Prescription Drug Take Back Day is an important service provided by the DEA and its law enforcement partners, and is a great opportunity for citizens to be a part of the fight against the opioid epidemic,” Joseph stated. “Rates of prescription drug abuse in the United States are alarmingly high. This effort is a way to remove opioids and other drugs from our communities and reduce the chance of them finding their way into the wrong hands. I would like to encourage everyone to join communities across the nation in this effort to safely and anonymously dispose of their expired and unused prescription medications.”
“In the midst of this worst-ever opioid epidemic, where we’re losing over 166 people a day, it’s absolutely critical that we get unused prescription drugs out of homes and dispose of them safely at these Drug Take Back events,” said New Orleans Field Division DEA Special Agent in Charge Stephen G. Azzam. “Unfortunately, these drugs are most often obtained from friends and family, who leave them in home medicine cabinets. This event provides citizens an easy and safe way to dispose of unwanted prescription drugs. Please do your part to keep our communities safe by participating in Saturday’s event.”
Last April, Americans turned in nearly 475 tons (949,046 pounds) of prescription drugs at more than 5,800 sites operated by the DEA and almost 4,700 of its state and local law enforcement partners. Overall, in its 15 previous Take Back events, DEA and its partners have taken in almost 10 million pounds—nearly 5,000 tons—of pills.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
The DEA will have collection sites across the country on Saturday, October 27, for those who are interested in bringing their unused or expired prescription drugs for proper disposal. Only pills and other solids, like patches, can be brought to the collection sites; liquids and needles or other sharp objects will not be accepted. The service is free and anonymous, no questions asked.
Prescription drugs can be dropped off from 10 a.m. to 2 p.m. at the following locations:
Shreveport
- Caddo Parish Sheriff’s Office, Sheriff’s Safety Town in the parking lot of Summer Grove Baptist Church, 8910 Jewella Ave.
Monroe
- Louisiana State Police, Troop F, 3811 Desiard St.
- Monroe Police Department, 700 Wood St.
- Ouachita Parish Sheriff’s Office, 400 St. John St.
Alexandria
- Louisiana State Police, Troop E, 1710 Odom St.
- Alexandria Police Department, 1000 Bolton Ave.
Lafayette
- Lafayette Parish Sheriff’s Office, 1825 W. Willow St.
- Louisiana State Police, Troop I, 121 E. Pont des Mouton Road
- Lafayette Police Department, University Hospitals and Clinics, 2390 W. Congress St.
Lake Charles
- Lake Charles Police Department, Civic Center, 900 Lake Shore Drive
Please visit Takebackday.dea.gov or call 1-800-882-9539 for a complete list of collection sites. Additionally, there are permanent drop-off boxes, which can also be found at Takebackday.dea.gov.
Two Men Charged in Fentanyl Overdose Death Resulting from Drug TraffickingRead the Press Release
BRUNSWICK, GA: Two Glynn County men have been charged in federal court with selling the deadly synthetic opioid Fentanyl, including a quantity of the drug that killed a Brunswick woman.
In a federal complaint unsealed Oct. 23 in U.S. District Court in Brunswick, Makeda Atkinson, 44 and Donald Adams, 62, are charged with Distribution of a Controlled Substance Resulting in Death and with Conspiracy to Possess with Intent to Distribute and to Distribute a Controlled Substance. Both men are in custody while awaiting further court proceedings, said Southern District U.S. Attorney Bobby L. Christine.
According to court documents, investigators with the Glynn-Brunswick Narcotics Enforcement Team (GBNET) and the Federal Bureau of Investigation determined that Atkinson and Adams were selling heroin laced with Fentanyl throughout the Glynn County, Ga., area. During the investigation, a 32-year-old woman who purchased drugs from the men on Dec. 28, 2017, was found dead the next day in her parents’ home, and an autopsy determined she died from acute Fentanyl toxicity. Glynn County Criminal Investigator Stephan Lowery took the lead in investigating the woman’s death and, working with the FBI, linked it to drugs sold by Atkinson and Adams.
The charges against Atkinson and Adams call for a federal prison sentence of not less than 20 years to life in prison. There is no parole in the federal system.
“Our nation’s growing opioid crisis is horrific, as personified by this senseless overdose death of an addict whose drug-ravaged body was found by her 5-year-old daughter,” said Southern District U.S. Attorney Bobby L. Christine. “Our office is committed to battling these self-serving merchants of death so that no other children have to lose a parent, and no parents have to lose their children.”
Chris Hacker, the Special Agent in Charge of FBI Atlanta, said “This case is an example of a drug crisis running rampant in our communities, causing numerous deaths. The FBI is committed to doing its part, along with our law enforcement partners, to hold those who propagate this crisis accountable to the fullest extent of our federal laws.”
Assistant United States Attorney Greg Gilluly represents the United States in this investigation and prosecution.
A criminal complaint contains only charges. Defendants are presumed innocent unless and until proven guilty.
For any questions, please contact Barry Paschal at the United States Attorney’s Office at (912) 652-4422.
Two Members of an International Drug Trafficking Organization Found Guilty of Conspiracy to Possess with Intent to Distribute Controlled SubstancesRead the Press Release
SAN JUAN, P.R. – After four days of jury trial presided by US District Court Judge Jay A. García-Gregory, a federal jury returned guilty verdicts against Edilio Benjamín-Hernández and Johanni Balbuena-Hernández for Conspiring to Possess with Intent to Distribute Controlled Substances, Aiding and Abetting the Importation of Controlled Substances, and Conspiring to Import Controlled Substances, announced United States Attorney Rosa Emilia Rodríguez-Vélez. Johanni Balbuena-Hernández was also convicted of Reentry by a Removed Alien and Edilio Benjamin-Hernández was found guilty of Improper Entry by an Alien.
The two were part of a larger international drug trafficking organization based in the Dominican Republic that landed 276 kilograms of cocaine in the municipality of Vega Baja.
The evidence at trial involved testimony from agents of the Dirección Nacional de Control de Drogas (DNCD) of the Dominican Republic, the Drug Enforcement Administration, Puerto Rico Police Department (PRPD), and Fuerzas Unidas de Rápida Acción (PRPD Maritime Unit). Additionally, the jury heard several wiretaps that were intercepted in the Dominican Republic by the DNCD where the members of the drug trafficking organization were heard planning their drug smuggling ventures.
Seven other defendants were charged for participating in the criminal organization. Defendant Miki King-Batista had previously pled guilty and been sentenced to 151 months and a supervised release term of 5 years. Defendant Daniel Ramírez-Pérez had previously pled guilty and is awaiting sentencing. Defendants Manuel Almeyda-Vasquez, Nelson King-De Aza, and Carlos De la Cruz-Paulino are awaiting trial.
The case, named “Operation King Dynasty,” was part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
“This conviction marks yet another victory in our fight against narcotics in Puerto Rico and a clear indication of the success of the OCDETF program in the fight against drug trafficking. Our team of prosecutors and case agents set an excellent example of teamwork during the investigation which led to the conviction of these defendants at trial,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
The case was prosecuted by Assistant United States Attorneys Marc S. Chattah and Julia Díaz-Rex, Narcotics Unit Chief. The defendants are facing a minimum of ten years in prison with a maximum penalty of up to life imprisonment. The sentencing is scheduled for February 15, 2019.
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