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Thursday 30 August 2018
Pine Ridge Man Sentenced for ArsonRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Arson was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Britton George Kills Right, age 43, was sentenced on August 27, 2018, to 4 years in federal prison, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined.
Kills Right was charged on April 17, 2018. The conviction stems from Kills Right intentionally starting a fire in another person’s home at Pine Ridge in February 2018. The home and all its contents were destroyed.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Kills Right was immediately turned over to the custody of the U.S. Marshals Service.
Pierceton Man Sentenced to 63 Months in PrisonRead the Press Release
FORT WAYNE – Aaron Rhoades, 35 years old, of Pierceton, Indiana, was sentenced by U.S. District Court Chief Judge Theresa L. Springmann after pleading guilty to being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Rhoades was sentenced to 63 months imprisonment followed by 1 year of supervised release.
According to documents in the case, in August 2017, Rhoades was in possession of a firearm after having a felony conviction of Robbery in Kosciusko County Circuit Court. Rhoades was on bond for resisting law enforcement when he engaged in a high speed chase with police on a motorcycle before crashing. Upon his arrest the firearm was found.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Ligonier City Police Department. This case was prosecuted by Assistant United States Attorney Stacey R. Speith.
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Penn Hills Man Admits Producing, Distributing and Possessing Child PornographyRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, Pennsylvania, pleaded guilty in federal court to production, distribution and possession of material depicting the sexual exploitation of minors, United States Attorney Scott W. Brady announced today.
John O’Donnell, 50, formerly of Verona, PA pleaded guilty to three counts before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that O’Donnell distributed material depicting the sexual exploitation of a minor on Facebook. When authorities searched his home, he was found to be in possession of over 200 images and videos depicting the sexual exploitation of minors. During the investigation into his illegal activities, authorities also learned that, through the use of a hidden camera, O’Donnell secretly videotaped a 12-year-old girl in his bathroom.
Judge Schwab scheduled sentencing for January 9, 2019. The law provides for a minimum sentence of 15 years in prison and a maximum total sentence of 60 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, the court ordered O’Donnell remain detained.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania Attorney’s General Office, the Allegheny County Police Department and the Allegheny County District Attorney’s Office conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Pedro L. González-Seijo D/B/A “PGS Insurance, Inc.” Charged with Securities and Bank FraudRead the Press Release
SAN JUAN, P.R. – Today, defendant, Pedro L. González-Seijo, President and owner of PGS Insurance, Inc., was arrested and charged in an eleven-count indictment alleging securities fraud and bank fraud, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico.
From on or about the year 2012, Pedro L. González-Seijo d/b/a “PGS Insurance, Inc.”, personally and through others known and unknown to the Grand Jury, diverted money from his clients through the following manners and means: the defendant would accept checks from his clients that were meant to be deposited into the clients’ variable annuity account. Instead of depositing these checks into the clients’ variable annuity account, and without authorization from the clients, he deposited the money directly into his Banco Popular bank account, for his own personal gain and use. González-Seijo, without authorization from the clients, would withdraw money from his clients’ funds, and then deposit the withdrawal, minus any required withdrawal fees, into his Banco Popular bank account for his own personal gain and use.
It is also alleged that the defendant diverted money by getting authorization from his clients to withdraw money from his clients’ funds, supposedly to invest in a different product. González-Seijo would deposit the money into his personal account for his own personal gain and use. As a result of the scheme, Pedro L. González-Seijo d/b/a “PGS Insurance, Inc.” and others known and unknown to the Grand Jury, diverted money from his clients in the total amount of $210,203.20 from variable annuities, $372,958.05 from fixed annuities, for a total of $583,161.25, resulting in losses to investors either through the inability to acquire more capital through securities growth, or through the fees and penalties associated with early withdrawals.
In or about March 2018, Banco Popular closed the bank accounts that the defendant used as a result of the unusual activity detected in the bank account. In total, the amount of money diverted or withdrawn from his clients’ insurance accounts and variable annuities accounts was $583,161.25.
“The defendant’s alleged conduct undermines the confidence investors place in the financial markets,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “Financial markets are governed by rules that are supposed to protect investors. This defendant, skilled at convincing individuals to place their trust in him, engaged in a scheme to defraud investors, and ultimately cost them thousands of dollars. We will continue investigating and prosecuting this type of financial fraud to the full extent of the law.”
Douglas Leff, Special Agent in Charge of the FBI in San Juan, PR and the Caribbean stated: “FBI San Juan's White Collar Crime Squad continues to investigate the extensive fraud involved in this case. We believe that there are additional victims and witnesses, and the faster we identify them, the more quickly we and the United States Attorney's Office can seek justice for those who have been hurt. Anyone with information can reach us at 787-754-6000 and tips.fbi.gov.”
Investors who believe they are victims of Pedro L. González-Seijo and signed investment contracts with González-Seijo are encouraged to contact the US Attorney’s Office to be informed of the proceedings and their rights to restitution.
The case is being prosecuted by Assistant United States Attorney Edward Veronda. The case was investigated by the FBI. Defendant González-Seijo is facing a maximum term of imprisonment of 30 years, and a fine not to exceed $1,000,000.
An indictment is only an accusation and not evidence of guilt. All defendants are presumed innocent until proven guilty.
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Oxford County Woman Convicted of ArsonRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Jaymi Hutchins, 31, formerly of Gilead, Maine and Rochester, New Hampshire, pleaded guilty today in U.S. District Court to maliciously damaging and destroying property used in interstate commerce by fire.
Court records reveal that on October 25, 2016, Hutchins intentionally set a fire inside a vehicle in the parking lot of a vehicle towing, recovery, repair and sales business located in Lebanon, Maine. The fire destroyed three vehicles, including a commercial wrecker. Hutchins was apprehended following a two-day investigation which revealed, among other evidence, that she had stolen a vehicle from the business which she crashed and abandoned.
The defendant faces between five and 20 years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Fire Marshal’s Office; the York and Oxford County Sheriff’s Offices; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Orlando Man Sentenced to 7 Years for Possessing Ammunition as A Convicted FelonRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Troy Alex Freeman to seven years in federal prison for possessing ammunition as a conviction felon. Freeman pleaded guilty on June 12, 2018.
According to court documents, on October 29, 2017, Freeman held a loaded firearm to his girlfriend’s face and threatened to kill her. This offense occurred in the home that Freeman shared with his girlfriend and their minor children, who were in the residence at the time. When police responded to the girlfriend’s 911 call, all five minor children were hiding in a bedroom. During a search, police found the loaded firearm located under the bed belonging to Freeman’s six-year-old child.
As a previously convicted felon, Freeman is prohibited from possessing firearms or ammunition under federal law. Freeman was charged in this case only with possession of the ammunition, because the firearm did not travel in interstate commerce as required by federal law. At the time of the incident, Freeman was on federal supervised release for a prior federal firearms conviction.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Sanford Police Department. It was prosecuted by Assistant United States Attorney Kara M. Wick.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. In October 2017, Attorney General Jeff Sessions announced the reinvigoration of PSN and directed all U.S. Attorneys’ Offices to develop districtwide crime reduction strategies, incorporating the lessons learned since the program’s inception in 2001. In the Middle District of Florida, U.S. Attorney Maria Chapa Lopez coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Oakland Man Sentenced to Fifteen Years in Prison for His Role in Robbery Crew Targeting Bay Area BusinessesRead the Press Release
OAKLAND – Archie Ned Williams was sentenced to 15 years in prison for his role in multiple armed robberies committed in San Francisco and Berkeley in 2016, announced United States Attorney Alex G. Tse and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down today by the Honorable Yvonne Gonzalez Rogers, U.S. District Judge.
Williams, 46, of Oakland, pleaded guilty on May 16, 2018, to conspiracy to commit robbery affecting interstate commerce (“Hobbs Act robbery”), as well as two Hobbs Act robbery counts and one count of brandishing a firearm during a robbery. According to the plea agreement, Williams admitted that on April 7, 2016, he and three other men agreed to commit two robberies on the same night. To commit the first robbery, the four men travelled from Oakland to San Francisco looking for a place to rob, eventually deciding to rob a pizzeria. Two members of the crew went into the pizzeria armed with pistols, while the other two remained in the getaway car acting as lookouts. Once inside, one robber stopped an employee from leaving and forced him to wait inside against a wall during the robbery. The other robber pointed his pistol at the cashier and stole cash from him. The two robbers then left the restaurant and returned to the getaway vehicle, and all four men drove back to the East Bay. Within an hour, the robbery crew robbed another restaurant, this time an Ethiopian restaurant in Berkeley. Once again, two members of the crew entered the restaurant armed with pistols, while Williams and the fourth member waited in the getaway car. The two robbers who entered the restaurant pointed their guns at two female victims standing by the cash register and demanded cash. One robber then entered the kitchen area, engaged in a struggle with an employee, and fired a round from his pistol at the employee. The employee was not struck by the bullet. The two robbers then fled the restaurant with the stolen cash, returned to the getaway vehicle, and all four men drove off.
A federal grand jury indicted Williams on February 9, 2017. He was charged with conspiracy to commit Hobbs Act robbery and two Hobbs Act robberies, all in violation of 18 U.S.C. § 1951(a), and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). He pleaded guilty to all counts.
Williams’s codefendants were arrested on April 21, 2016, while attempting to rob a bar in San Francisco, which they had previously robbed on two occasions. All three men have pleaded guilty to their respective roles in the crimes. Judge Gonzalez Rogers has sentenced three of the four defendants as follows:
DEFENDANT
CONVICTIONS
SENTENCE
Shawan Spragans
- Conspiracy to commit Hobbs Act Robbery – 18 U.S.C. § 1951(a);
- Attempted Hobbs Act Robbery – 18 U.S.C. § 1951(a);
- Hobbs Act Robbery (three counts) – 18 U.S.C. § 1951(a);
- Discharging a firearm during and in relation to a crime of violence – 18 U.S.C. § 924(c); and
- Possession of a firearm by a felon – 18 U.S.C. § 922(g)(1)
23 years
Merl Simpson
- Conspiracy to commit Hobbs Act Robbery – 18 U.S.C. § 1951(a);
- Attempted Hobbs Act Robbery – 18 U.S.C. § 1951(a);
- Hobbs Act Robbery (three counts) – 18 U.S.C. § 1951(a);
- Discharging a firearm during and in relation to a crime of violence – 18 U.S.C. § 924(c); and
- Possession of a firearm by a felon – 18 U.S.C. § 922(g)(1)
20 years
Archie Williams
- Conspiracy to commit Hobbs Act Robbery – 18 U.S.C. § 1951(a);
- Hobbs Act Robbery (two counts) – 18 U.S.C. § 1951(a); and
- Brandishing a firearm during and in relation to a crime of violence – 18 U.S.C. § 924(c)
15 years
In addition to the prison term, Judge Gonzalez Rogers also sentenced the defendant to a 5-year period of supervised release, which will begin upon Williams’ release from prison. The defendant has been in federal custody since May 2017, and he will begin serving his federal sentence at the conclusion of a previously-imposed unrelated state prison sentence.
Assistant U.S. Attorneys William Gullotta and Vanessa Baehr-Jones are prosecuting the case with the assistance of Michelle Alter, Noble Hughes, Katie Turner, and Vanessa Vargas. The prosecution is the result of an investigation by the Federal Bureau of Investigation, Berkeley Police Department, San Francisco Police Department, and San Leandro Police Department.
Northeast Ohio pair indicted for filing nearly 150 tax returns fraudulently claiming $615,000 in refundsRead the Press Release
A pair from Northeast Ohio were indicted in federal court after they filed or assisted in filing nearly 150 tax returns fraudulently claiming $615,000 in tax refunds.
Laini A. Woods, 46, of Garfield Heights, and David Mitchell, 43, of Cleveland, were each indicted on one count of conspiracy to defraud the United States, four counts of wire fraud, and four counts of aggravated identity theft in a tax preparation scheme.
Woods and Mitchell recruited people to submit fraudulent tax returns in the individuals’ names, as well as the names of other people they had never met or spoken with. Woods completed and electronically filed the personal tax returns, falsely asserting the individuals owned and operated small businesses in order increase the amount of the tax returns through their Earned Income Credits, according to the indictment.
Mitchell then recruited individuals to have the tax refunds deposited in bank accounts in their names. Woods and Mitchell then converted the money to their own use, according to the indictment.
If convicted, the defendants’ sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
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.
The matter is being prosecuted by Assistant U.S. Attorney Mark S. Bennett, after an investigation conducted by the Cincinnati office of the IRS -- Criminal Investigations.
North Homewood Man Conspired to Distribute Fentanyl and Fentanyl AnalogueRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, pleaded guilty in federal court to a charge of violations of the federal narcotics laws, United States Attorney Scott W. Brady announced today.
Lewis Lamont Johnson, 35, of Pittsburgh, PA, pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that from on or about September 22, 2017 to on or about October 11, 2017, Johnson conspired with others to distribute and possess with intent to distribute 40 grams or more of fentanyl and a quantity of benzyl fentanyl.
Judge Fischer scheduled sentencing for January 10, 2019 at 11:30 a.m. The law provides for a total sentence of years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shardul S. Desai is prosecuting this case on behalf of the government.
The Department of Homeland Security Investigations, United States Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation and the Drug Enforcement Administration conducted the investigation that led to the prosecution of Johnson.
Nitro Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
CHARLESTON, W.VA. – A Nitro man pled guilty to a federal drug charge today, announced United States Attorney Mike Stuart. Jon Green, Jr., 49, pled guilty before United States District Judge Joseph R. Goodwin to distribution of methamphetamine. Stuart commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department.
“114% increase in meth overdoses in 2017,” said United States Attorney Mike Stuart. “Methamphetamine trafficking is on the rise in West Virginia, but through our strong enforcement efforts and prosecution of meth dealers, we aim to stem the tide. Today’s meth is not the meth of just a few years ago. This meth is far more powerful, far more dangerous, and truly deadly.”
Green admitted that he sold methamphetamine on August 30, September 1 and September 14, 2017 to a confidential informant working with DEA. The transactions occurred at defendant’s 7th Street residence in Nitro.
Green faces from 5 to 40 years imprisonment and a $5 million dollar fine when he is sentenced on November 28, 2018.
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New York Man Is Indicted for Scamming North Carolina Victims in Investment Fraud Scheme While He Was Being Prosecuted for Similar Scam in Another StateRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Andrew Murray announced today that Rudolph Carryl, 67, of Oyster Bay, N.Y., has been indicted by a federal grand jury on charges of securities fraud, wire fraud, and money laundering. The federal indictment was filed under seal on August 22, 2018, and was unsealed yesterday after Carryl’s initial appearance in federal court in New York, following his arrest at a halfway house in Brooklyn, N.Y.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation, Charlotte Office joins U.S. Attorney Murray in making today’s announcement.
According to allegations contained in the indictment, Carryl, who held himself out as an investment advisor, operated Carryl Capital Management (CCM), an investment management firm with offices in New York City. CCM maintained a website that purported the firm adhered to rigorous risk control measures, and was dedicated to achieving the investment goals for its clients.
In or about February 2015, the indictment alleges that Carryl solicited victim M.G. to give Carryl money to invest in stock on M.G.’s behalf. M.G., a retired nurse who resided in North Carolina, was also Carryl’s childhood friend. Over the next couple of months, M.G. wired approximately $64,000 to an account controlled by Carryl, based on Carryl’s misrepresentations that M.G.’s money would be used to purchase stocks on M.G.’s behalf. The indictment alleges that rather than purchasing any stock as promised, Carryl used much of the victim’s money on personal and other unrelated expenses, and withdrew a substantial amount of it in cash. M.G. invested additional amounts with Carryl throughout 2015 and 2016.
The indictment further alleges that in or about May 2015, Carryl solicited victims W.B., a retired United States Air Force veteran, and his wife A.B., who resided in North Carolina, to invest approximately $350,000 in a purported investment fund being managed by Carryl (the Fund). To induce the retired couple to part with their money, Carryl claimed that he was a successful investment adviser who managed investments for the country of Saudi Arabia and that he was friends with wealthy celebrities. Carryl also lied by falsely promising that the victims’ money would be invested in safe investments and that they would not lose any principal. Carryl also told the retired couple that he was going to invest his own money in the Fund, which was not true. Furthermore, Carryl falsely claimed that if W.B. and A.B. sustained any investment losses, those would come out of Carryl’s investment first, which offered further “protection” to them.
After W.B. and A.B. wired their funds to Carryl, he sent an email to the couple that purported to identify the various stocks within their portfolio, which included well-known companies. The the indictment alleges that, contrary to his representations, Carryl did not buy all of the stocks as promised. Instead, he used much of W.B. and A.B.’s funds on personal and other unrelated expenses and to make substantial cash withdrawals.
In the months that followed, despite repeated requests by certain victims for statements reflecting the status of their investments, Carryl never provided any statements, and instead made numerous false claims that their investments were doing well and making money.
Carryl also never disclosed to his victims that he had been the target of a federal criminal investigation, nor that he later pleaded guilty to wire fraud charges related to a separate investment scheme in another state. In fact, the indictment alleges that, while Carryl was falsely telling W.B. of his intention to liquidate the victim’s investment so that Carryl could retire and travel the world, Carryl was awaiting sentencing in federal court.
Carryl was sentenced in New York on or about August 9, 2017, to 12 months and one day in prison. After his sentencing but before he reported to the federal Bureau of Prisons (BOP) to carry out his sentence, Carryl continued to be in contact with W.B., assuring W.B. that his investments were doing well, all the while failing to disclose any information about his conviction or his impending report date to BOP.
The details contained in this indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The securities fraud charge carries a maximum prison term of 20 years and a $5 million fine. Each count of wire fraud carries a maximum prison term of 20 years and a $250,000 fine. And, each count of transactional money laundering carries a maximum prison term of 10 years and a fine of up to $250,000.
In making today’s announcement U.S. Attorney Murray thanks the FBI for its investigation leading to today’s charges.
All charges contained in the indictment are allegations. The defendant is innocent until proven guilty beyond reasonable doubt in a court of law.
Assistant United States Attorney Daniel Ryan, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
New Orleans Man Indicted for Mortgage FraudRead the Press Release
THEODORE KURZ, age 70, a resident of New Orleans, Louisiana, was charged by a federal grand jury in a three-count indictment for mortgage fraud, announced U.S. Attorney Duane A. Evans.
According to court documents, KURZ obtained mortgages for three properties through the State of Louisiana, Division of Administration, Office of Community Development. He then forged mortgage cancellations that he filed with the Orleans Parish Clerk of Court to falsely make it appear that the loans had been satisfied. KURZ then obtained mortgages through a different lender, falsely claiming that there were no outstanding mortgages or liens on the properties.
If convicted, KURZ faces 30 years of imprisonment and a $1,000,000 fine.
U.S. Attorney Duane Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Office of Inspector General for the U.S. Department of Housing and Urban Development in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Deputy Chief of the Fraud Unit.
New Haven Man Charged with Distributing Synthetic CannabinoidsRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, and Patrick J. Griffin, State’s Attorney for the Judicial District of New Haven, announced that a federal grand jury in Hartford returned a three-count indictment today charging QUENTIN STAGGERS, also known as “Q,” 47, of New Haven, with distributing synthetic cannabinoids, commonly known as “K2” or “Spice.”
As alleged in the indictment, STAGGERS possessed with intent to distribute, and distributed, synthetic cannabinoids on July 20, August 15 and August 16, 2018.
STAGGERS has been detained since August 16 when he was arrested on a federal criminal complaint.
If convicted, STAGGERS faces a maximum term of imprisonment of 20 years on each count of the indictment.
This matter is being investigated by the Drug Enforcement Administration New Haven Task Force and the New Haven Police Department.
U.S. Attorney Durham stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This case is being prosecuted by Assistant U.S. Attorney Patrick Caruso and Assistant State’s Attorney Karen Roberg.
Navajo man from Shiprock pleads guilty to federal assault chargeRead the Press Release
ALBUQUERQUE – Thomas M. Navaho, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge.
Navaho was arrested in July 2018, on a criminal complaint charging him with assaulting a Navajo man on April 27, 2018, on the Navajo Indian Reservation in San Juan County, N.M. According to the complaint, Navaho assaulted the victim by punching, choking and kicking him on the side of the body and face, causing him to sustain serious bodily injury
During today’s proceedings, Navaho pled guilty to a felony information charging him with assault resulting in serious bodily injury. In entering the guilty plea, Navaho admitted punching, kicking and chocking the victim, and threatening to kill the victim because he believed the victim called the police regarding a fight Navaho previously had with another person. Navaho acknowledged that the victim sustained serious bodily injuries, including bleeding on the brain, broken ribs, lacerations requiring stitches and a wound to his left hand which became infected and required surgery, as the result of the assault.
At sentencing, Navaho faces a statutory maximum penalty of ten years in federal prison. Navaho has been in federal custody since his arrest and remains detained pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Milledgeville Felon Sentenced to 87 Months for Gun PossessionRead the Press Release
MACON: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that Jatavious Griswald, age 27, of Milledgeville, Georgia, was sentenced to serve 87 months in prison for Possession of a Firearm by a Convicted Felon. The sentence was handed down by U.S. District Court Judge Marc T. Treadwell on August 27, 2018.
On May 14, 2015, officers executed a search warrant at a home in Milledgeville and found Mr. Griswald standing by a car in the yard. Officers searched Mr. Griswald, finding marijuana and $941.00. In Mr. Griswald’s car, the police found a loaded Glock 22 pistol, a loaded Glock 26 pistol, 14.94 grams of cocaine, and a digital scale. Mr. Griswald was prohibited from possessing a gun due to prior convictions for possession of cocaine and aggravated assault.
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.
“Felons with guns are headed to federal prison,” said United States Attorney Charles E. Peeler. “I commend the Baldwin County Sheriff’s Office, Ocmulgee Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives for their work in this case.”
The case was investigated by the Baldwin County Sheriff’s Office, Ocmulgee Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, and it was prosecuted by Assistant U.S. Attorney Kimberly Easterling.
Questions regarding this case should be addressed to Pamela Lightsey, Public Information Officer, at 478-621-2603 or [email protected].
Mexican National Sentenced to 15 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – A Mexican national was sentenced in federal court today for his role in a conspiracy to distribute methamphetamine in the Joplin, Mo., area.
Sergio Diaz-Ortiz, 33, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. The court also ordered Diaz-Ortiz to forfeit to the government $10,331 that was seized by law enforcement officers.
On April 10, 2018, Diaz-Ortiz pleaded guilty to participating in a conspiracy to distribute methamphetamine and to possessing a firearm in furtherance of a drug-trafficking crime.
Law enforcement officers executed a search warrant at the hotel room where Diaz-Ortiz was staying in Joplin, on June 16, 2016. Officers seized three pounds of methamphetamine, three cell phones, an Apple laptop, a Samsung tablet, $10,331 and a Beretta 9mm pistol.
Diaz-Ortiz told investigators that this was his second trip to Joplin with five pounds of methamphetamine being delivered to him for further distribution. Diaz-Ortiz received the pre-packaged methamphetamine (packaged in one-pound increments) after he arrived at the hotel. He took the methamphetamine to his hotel room and received instructions by cell phone regarding the names and amounts of methamphetamine each person should receive that would arrive at his hotel room. Two pounds of methamphetamine had already been picked up, he said.
Diaz-Ortiz supplied methamphetamine to co-defendant Justin Lee Thurston, 34, of Joplin, who in turn sold methamphetamine to co-defendant Casey Joe Simpson, 37, of Carthage, Mo. Thurston and Simpson have each been sentenced to 10 years in federal prison without parole.
This case was prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Ozark Drug Enforcement Team, the Newton County, Mo., Sheriff’s Department, DEA Drug Task Force 3, Downstream Casino security and the Quapaw Police Department.
Meriden Man Pleads Guilty to Cocaine Trafficking ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOEL CRUZ, 35, of Meriden, pleaded guilty today in Hartford federal court to one count of possession with intent to distribute 500 grams or more of cocaine.
According to court documents and statements made in court, on September 2, 2017, CRUZ engaged Connecticut State Police in a high-speed chase from I-95 in Milford to I-91 in New Haven. During the chase, CRUZ threw a package containing approximately one kilogram of cocaine from his vehicle. When he was apprehended in the area of Exit 5 on I-91, he possessed $34,360 in cash.
CRUZ is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on November 28, 2018, at which time he faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years. CRUZ also has agreed to forfeit the cash seized at the time of his arrest.
CRUZ is released on bond pending sentencing.
This matter is being investigated by the FBI’s New Haven Safe Streets/Gang Task Force, Connecticut State Police and Milford Police Department. The Task Force includes members from the New Haven Police Department, Milford Police Department, West Haven Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorney Anthony E. Kaplan.
McLaughlin Man Indicted on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Lawrence Leonard Malcolm, Sr., age 46, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on August 27, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 30 years in federal prison and/or a $2,000,000 fine, 6 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 5, 2018, Malcolm knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute methamphetamine, a Schedule II controlled substance. Malcolm, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.
The charges are merely accusations and Malcolm is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 is being conducted by the Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Malcolm was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McKees Rocks Man Pleads Guilty in Marriage Fraud SchemeRead the Press Release
PITTSBURGH - A resident of Allegheny County, Pennsylvania pleaded guilty in federal court to a charge of conspiracy, United States Attorney Scott W. Brady announced today. Norman Lee McCullough, 55, of McKees Rocks, Pa., pleaded guilty to one felony count before Senior United States District Judge Donetta Ambrose.
In connection with the guilty plea, the court was advised that from June 2016 to May 4, 2017, McCullough conspired with two other individuals to defraud the Department of Homeland Security, U.S. Citizenship and Immigration Services, and to commit offenses against the United States. McCullough, a United States citizen, received money and entered into a sham marriage with a Nigerian citizen so that the Nigerian citizen could obtain legal permanent residency in the United States. McCullough also submitted false statements to the Department of Homeland Security, U.S. Citizenship and Immigration Services.
Judge Ambrose scheduled sentencing for January 3, 2019 at 1 p.m. The law provides for a maximum total sentence of not more than five years in prison, a fine of not more than $250,000, or both, for the conspiracy. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Department of Homeland Security, Homeland Security Investigations, with assistance from USCIS, conducted the investigation leading to the indictment in this case.
Massachusetts Man Pleads Guilty to Conspiracy to Distribute Misbranded Prescription Horse DrugsRead the Press Release
CONCORD - Darren B. Stratton, 45, of Haverhill, Massachusetts, pleaded guilty in federal court to conspiracy to distribute misbranded prescription animal drugs, United States Attorney Scott W. Murray announced today.
According to court documents and statements made in court, from January 2017 through September 2017, defendant Stratton worked at Horsemen’s Tack, Inc. in Newton, New Hampshire. Among the products Stratton sold to certain customers were equine drugs that were not accompanied by the required prescriptions. Sales of these drugs defrauded and misled the company’s drug suppliers, federal and state regulators, and the general public.
Although the website for Horsemen's Tack indicated that the business had a "vet on call," in fact there was no vet on call. Instead, Horsemen's Tack had a long-standing relationship with a veterinarian licensed in New Hampshire. Stratton regularly used the veterinarian's name and license to order prescription animal drugs from mail-order pharmacies even though the veterinarian never visited the Newton store, did not examine horses or meet with horse owners, and provided no actual veterinary services. During the conspiracy Stratton and Horsemen’s Tack marketed, sold, and distributed numerous drugs for performance-enhancement in racehorses, including levothyroxine, estrone, amikacin, methocarbamol, dexamethasone, tranexamic acid, and erythropoietin/EPO, without lawful prescriptions and without required labels. On September 20, 2017, federal agents executed a search warrant at Horsemen's Tack and recovered a customer list, prescription drugs, and numerous vials with labels printed on-site.
Stratton is scheduled to be sentenced on December 6, 2018.
“When prescription drugs are sold unlawfully, they can end up in the wrong hands or be used for illicit purposes,” said U.S. Attorney Murray. “We will continue to work closely with the FDA to protect the public by enforcing the laws related to prescription drugs.”
“Prescription veterinary drugs should be dispensed only upon a valid prescription by a licensed veterinarian, and it must bear accurate and true information on the labeling,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “We will continue to pursue and bring to justice those who attempt to evade the FDA’s protections of animal welfare and jeopardize the health and safety of animals.”
This matter was investigated by the U.S. Food and Drug Administration, Office of Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorney John S. Davis.
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Maryland man admits to transporting a minor across state lines for sexRead the Press Release
MARTINSBURG, WEST VIRGINIA – Kenneth Earle Ewing, of Hagerstown, Maryland, has admitted to transporting a 12-year-old across state lines for sex, United States Attorney Bill Powell announced.
Ewing, age 38, pled guilty to one count of “Transportation of a Minor with Intent to Engage in Criminal Sexual Activity.” Ewing admitted to transporting a 12-year-old girl from Ranson, West Virginia, to Hagerstown, Maryland, to engage in sexual conduct.
Ewing faces up to 30 years and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Federal Bureau of Investigation investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Manchester Man Sentenced to 10 Years for Fentanyl TraffickingRead the Press Release
CONCORD - United States Attorney Scott W. Murray announced today that William Looney, 55, of Manchester, New Hampshire, was sentenced to 10 years in federal prison for fentanyl trafficking.
According to court documents and statements made in court, in July 2017, the Manchester Police Department received information that Looney was a drug dealer who was transporting large quantities of fentanyl from Massachusetts to New Hampshire. On July 28, 2017, law enforcement officers observed Looney travel from Manchester to Massachusetts. When he returned to New Hampshire, officers conducted a traffic stop and arrested Looney based on an outstanding arrest warrant. In the center console of the vehicle was a package containing approximately 285 grams of fentanyl.
Looney previously pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl on May 24, 2018.
“Those who choose to transport fentanyl and other deadly drugs into New Hampshire should understand that they will be prosecuted aggressively,” said U.S. Attorney Murray. “The substantial prison sentence imposed in this case should serve as a warning to anyone who would engage in dealing illegal substances. I commend the Manchester Police Department, Federal Bureau of Investigation and New Hampshire State Police for their vigilance in bringing this man to justice.”
"Today, Mr. Looney is finally being held accountable for his role in a fentanyl trafficking operation that capitalized on people's addictions and fueled the demand for this deadly drug,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “This case is another example of the FBI's steadfast commitment to work with our law enforcement partners to make our communities safer and get illegal narcotics off our streets.”
This matter was investigated by the Manchester Police Department, with assistance from the New Hampshire State Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Man Who Led Police on Chase over Lookout Mt. Indicted as Felon Possessing GunRead the Press Release
BIRMINGHAM – A federal grand jury on Wednesday indicted for illegal gun possession a northeast Alabama man who in April led police on a dangerous chase from Fort Payne into Menlo, Ga., on rural roads over Lookout Mountain, announced U.S. Attorney Jay E. Town and Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Marcus Watson.
A one-count indictment filed in U.S. District Court charges DENNIS JOHN JOHNSON, 43, of Albertville, with being a convicted felon in possession of a Smith & Wesson .40-caliber semi-automatic pistol. The indictment cites prior felony convictions of second-degree assault in Marshall County Circuit Court in November 1997, unlawful possession of a controlled substance in Etowah County Circuit Court in June 2001, and third-degree robbery in Marshall County Circuit Court in April 2014.
“Felons with firearms will be charged with a federal crime, prosecuted in federal court, and, if convicted, do federal time in a federal prison where there is no sanctuary of parole,” Town said. “We are indebted to the brave officers who put themselves in harm’s way to end the car chase where this defendant endangered the lives of civilians and police officers.”
“ATF’s priority of reducing violent crime results in court actions such as this,” Watson said. “The use of Crime Gun Intelligence in working with our law enforcement partners is an effective resource to provide a safe environment for our communities.”
Johnson had the handgun with him when police arrested him on April 9 as he ran from a pickup truck he abandoned on Georgia Highway 48 in Chattooga County, Ga., according to a Fort Payne Police arrest report. Johnson jumped from the truck after fleeing police in Fort Payne and speeding away along U.S. Highway 11 to Hammondville. His flight took him onto Alabama Highway 117 and through Valley Head and Mentone before crossing the state line into Georgia, according to the arrest report.
Fort Payne officers had tried to pull over the pickup truck because the license plate was registered to a different vehicle, the police report said. In the ensuing chase, speeds topped 100 mph as Johnson ran vehicles off the narrow roads, swerved toward police vehicles and aimed his speeding truck at the Hammondville police chief, who was running across the road to deploy a stop strip. The first Fort Payne police vehicle in pursuit behind Johnson hit the stop strip and crashed, seriously injuring one Fort Payne officer, according to the police report.
The maximum penalty for a convicted felon in possession of a firearm is 10 years in prison and a $250,000 fine.
ATF investigated the case in conjunction with the Fort Payne Police Department, DeKalb County Sheriff’s Office and the Chattooga County, Ga., Sheriff’s Office. Assistant U.S. Attorney Jonathan S. Keim is prosecuting the case.
MS-13 Leader Sentenced to 212 Months in Prison for Racketeering ConspiracyRead the Press Release
BOSTON – An MS-13 leader was sentenced today in federal court in Boston for racketeering conspiracy.
Jose Vasquez, a/k/a “Little Crazy,” 24, of Somerville, was sentenced to 212 months in federal prison and three years of supervised release. In May 2018, Vasquez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO or racketeering conspiracy.
Vasquez was a member and local leader of the Trece Locos Salvatrucha, or TLS, clique of MS-13. In addition to being a leader of an MS-13 clique, Vasquez personally participated in racketeering activity and acts of violence on behalf of MS-13. Among other things, on Sept. 8, 2014, Vasquez and another MS-13 member, Angel Pineda, a/k/a “Bravo,” were involved in an attempted murder of a 16-year-old suspected gang rival. During the incident, which occurred on a public street in Chelsea in the middle of the afternoon, Pineda stabbed the victim multiple times. Vasquez, carrying a machete, also attempted to stab and kill the victim, but Vasquez’s machete got stuck in its sheath. The victim survived after receiving life-saving medical care.
In a separate incident, Vasquez assisted other MS-13 members in burying evidence relating to a murder in East Boston in January 2016. On Jan. 10, 2016, MS-13 members Edwin Gonzalez, a/k/a “Sangriento,” Edwin Diaz, a/k/a “Demente,” Jairo Perez, a/k/a “Seco,” and Rigoberto Mejia, a/k/a “Ninja,” murdered a 16-year-old boy who the gang also believed was a rival gang member. Gonzalez, Diaz, and Perez stabbed the victim multiple times while Mejia shot the victim multiple times. This incident occurred on a public street in East Boston and the victim died on the scene. A few days after the boy’s death, Vasquez—who did not participate in the murder—helped Perez bury the knives used in the killing, as well as the bloody clothes worn by those who committed the murder. The evidence was later recovered by law enforcement.
After a multi-year investigation, Vasquez was one of dozens of leaders, members, and associates of MS-13 named in a superseding indictment unsealed in January 2016 that targeted MS-13’s criminal activities in Massachusetts. According to court documents, MS-13 members in Massachusetts engaged in a variety of racketeering acts and crimes of violence, including six different murders between October 2014 and January 2016.
Vasquez is one of 49 defendants who have been convicted as part of this ongoing prosecution, and 16 of those defendants have been held responsible for murder. 40 of the 49 convictions, including Vasquez, were the result of guilty pleas prior to trial. Nine other defendants were convicted after trial.
All the defendants involved in the attempted murder or murder that Vasquez assisted with have been convicted. Diaz, who participated in the murder, was sentenced to 35 years in prison, and Pineda, who participated in the attempted murder, was sentenced to 93 months in prison. Gonzalez, Perez, and Mejia await sentencing.
United States Attorney Andrew E. Lelling; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Gross; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief James Guido; and Somerville Police Chief David Fallon made the announcement today.
Los Lunas Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – David Villegas, 29, of Los Lunas, N.M., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
Villegas is charged in a one-count indictment which was filed on Feb. 28, 2017, with possession of methamphetamine with intent to distribute. According to the indictment, Villegas committed the offense on June 13, 2016, in Bernalillo County, N.M.
During today’s proceedings, Villegas pled guilty to the indictment, and admitted that on June 13, 2016, he was arrested by DEA agents while in possession of methamphetamine which he intended to sell to other individuals. In entering the guilty plea, Villegas admitted that the DEA agents found approximately 654.3 grams of pure methamphetamine inside his vehicle. Villegas also admitted that, when he was arrested, he informed the DEA agents that they would find proceeds from his methamphetamine trafficking activities hidden in his residence. DEA agents subsequently seized approximately $9,200 in cash from Villegas’ residence.
Villegas was remanded into custody after entering his guilty plea and will remain detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Villegas faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Lorain man sentenced to more than 12 years in prison for having nine grams of carfentanilRead the Press Release
A Lorain man was sentenced to more than 12 years in prison for having nine grams of carfentanil.
Manuel Latorre, 27, of Lorain, previously pleaded guilty to one count of possession with intent to distribute a controlled substance and one count of distribution of a controlled substance.
“This defendant had a weapon of mass destruction, just in a different form,” U.S. Attorney Justin Herdman said. “This amount of carfentanil could have killed thousands of people. Federal law enforcement will continue to work with our partners in Lorain County to bring to justice the people profiting from this drug epidemic.”
Latorre possessed more than 9.3 grams of carfentanil between August and October 2017, according to court documents.
Latorre had approximately 50 prior arrests and 17 convictions as an adult, according to statements made in court.
This case was prosecuted by Assistant U.S. Attorney Vasile Katsaros following an investigation by the Northern Ohio Law Enforcement Task Force, the FBI and the Lorain Police Department.
Local Woman Heads to Prison for Defrauding Federal Program Intended to Improve Air QualityRead the Press Release
HOUSTON – A 45-year-old woman has been ordered to prison on for charges related to defrauding the Federal Highway Administration Congestion mitigation Air Quality and Surface Transportation Program (FHWA-CMAQ), announced U.S. Attorney Ryan K. Patrick along with Special Agent in Charge Joseph Zschiesche of the Department of Transportation - Office of Inspector General (DOT-OIG). The jury deliberated for less than two hours following a two-day day trial before convicting Shonda Renee Stubblefield Feb. 28, 2018, of all the counts in the indictment - theft of public money, mail fraud, wire fraud, money laundering and aggravated identity theft.
Today, U.S. District Judge Alfred Bennett handed Stubblefield a total 72-month sentence - 48 months for theft, mail fraud, wire fraud and money laundering to be followed by an additional 24 months for aggravated identity theft which will be served consecutively. She will also serve three years of supervised release following her release.
At trial, a federal jury found Stubblefield, the owner of World Corporation Inc. (WCI)., stole $125,659.90 from the Department of Transportation (DOT) CMAQ program funded by the Federal Highway Administration (FHWA).
The CMAQ Program provides money to reduce traffic congestion and thereby reduce air pollution in certain areas. The jury heard that Stubblefield stole the money by falsely and fraudulently representing to Houston Galveston Area Counsel (HGAC) that she had hundreds of employees working at WCI who participated in a telework program designed to reduce air-pollution.
The United States proved at trial through documents and 26 witnesses that Stubblefield created a fake business list, fake bank records, fake income and earnings statements and other false WCI business records including employee timesheets, invoices and match documents. The testimony included that of an individual whose identification information Stubblefield stole and used to create a fake $18,100 check that was submitted to the government to further the theft. The evidence and testimony revealed Stubblefield created at least 500 fake and fictitious WCI employee profiles that included fake names, addresses and email accounts.
The defense attempted to convince the jury that Stubblefield was not the person who engaged in the criminal activity, despite the fact that her name was on virtually all WCI business records, at least four witnesses identified her and the money trail lead directly to Stubblefield’s bank account.
Stubblefield has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The DOT-OIG conducted the investigation. Assistant U.S. Attorneys Julie Redlinger and Michael Day prosecuted the case.
LMINTEL Investigations Lead to Eight People Pleading Guilty Including Local Gang Members and AssociatesRead the Press Release
LOUISVILLE, Ky. – Eight people, including five connected to a violent Louisville street gang have pleaded guilty to federal charges brought as part of investigations by the Louisville Metro Intelligence Task Force (LMINTEL): an LMPD intelligence-led task force which identifies serious, violent offenders and leverages all available resources to investigate, apprehend and prosecute these offenders, announced United States Attorney Russell M. Coleman.
“The United States Attorney’s Office stood with our law enforcement partners and promised to tackle violent crime in our city,” said U.S. Attorney Russell Coleman. “These pleas to significant federal prison time are just the beginning of making good on our pledge; much more to come.”
Chicoby Summers, 22, Shelby Strong, 33, Jerlen Horton, 23, Derrick Hammond, 33, Lakeshia Watts, 23, have all pleaded guilty and are awaiting sentencing hearings for their involvement in conspiring to obtain firearms for convicted felons.
According to a forty-count Superseding Indictment unsealed November 28, 2017, at all times relevant to the conspiracy, Hammond, Summers, and Horton were convicted felons, and they had close relationships with each other as well as other members of the Victory Park Crips (VPC), a violent street gang operating primarily in the west end of Louisville. Lakeshia Watts shared a residence with Horton and Shelby Strong was an associate of Hammond. Members and associates of the Victory Park Crips use firearms to aid narcotics trafficking, preserve and protect power and reputation by intimidation and violence against rival gangs. The culture of the VPC glorifies guns and violence, and firearms are a status symbol to members.
According to the charges, beginning in February of 2017, Hammond, Summers, Horton and Strong conspired to obtain firearms through the use of “straw purchasers” (associates who had no felony convictions and could lawfully purchase firearms). It was further part of the conspiracy that firearms purchased by “straw purchasers” were transferred ultimately to convicted felons, aided and abetted by others. Federal law prohibits convicted felons from purchasing or owning firearms, prohibits a buyer from purchasing a weapon on behalf of another person, and prohibits an unlawful user of a controlled substance from possessing a firearm.
- Chicoby Summers pleaded guilty to all charges against him, including: conspiracy to possess a firearm by a prohibited person; four counts of illegal possession of a firearm by a convicted felon. Sentencing is scheduled for December 13, Summers faces a sentence of 57 months in federal prison.
- Shelby Strong pleaded guilty to conspiracy to possess a firearm by a prohibited person; 13 counts of possession of firearm by a drug user; 11 counts of making a false statement material to the purchase of a firearm; engaging in the business of dealing firearms; interstate travel with intent to deal firearms; and four counts of transfer of a firearm to a convicted felon. Sentencing is scheduled for December 13, Strong faces a sentence of 63 months in federal prison.
- Jerlen Horton pleaded guilty to conspiracy to possess a firearm by a prohibited person; three counts of possession of a firearm by a convicted felon; conspiracy to obstruct justice; possession of explosives by a felon. Sentencing is scheduled for September 18, the low end of the federal guideline sentencing range is 70 months in federal prison.
- Derrick Hammond pleaded guilty to conspiracy to possess a firearm by a prohibited person; four counts of aiding and abetting transfer of a firearm to a convicted felon; conspiracy to obstruct justice. Sentencing is scheduled for November 7, the low end of the federal guideline sentencing range is 12 months in federal prison.
- Lakeisha Watts pleaded guilty to one count of misprision of a felony, she will be eligible for probation and will thereafter be a convicted felon incapable of legally purchasing or possessing firearms. Sentencing is scheduled for December 13.
In addition, LMINTEL led investigations have resulted in guilty pleas from three others for firearm possession by convicted felons: Treyvon Miles, 22, Chillvon Randolph, 21, and Marcus Knight, 21.
- Treyvon Miles pleaded guilty to possession of a firearm by a convicted felon. Sentencing is scheduled for September 6, the low end of the federal guideline sentencing range is 46 months in federal prison.
- Chillvon Randolph pleaded guilty to possession of a firearm by a convicted felon. Sentencing is scheduled for September 6, and the low end of the federal guideline sentencing range is 24 months in federal prison.
- Marcus Knight pleaded guilty to possession of a firearm by a convicted felon. Sentencing is scheduled for September 6, and the low end of the federal guideline sentencing range is 24 months in federal prison.
The cases were prosecuted by Assistant United States Attorneys Erin McKenzie and Nute Bonner. The Louisville Metro Police Department (LMPD), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Federal Bureau of Investigation (FBI) investigated the cases.
The Louisville Metro Intelligence Task Force (LMINTEL) is led by the Louisville Metro Police Department (LMPD). The task force is composed of state and federal agencies which include, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Internal Revenue Service (IRS), the United States Marshals Service, the Kentucky State Police (KSP), the United States Attorney’s Office for the Western District of Kentucky, the Office of the Jefferson County Commonwealth’s Attorney, and the Office of the Jefferson County Attorney. The goals of the LMINTEL Task Force include identifying, investigating, and prosecuting individuals and gangs who are responsible for fueling violent crime in the Louisville Metro area.
Kingston Man Indicted for Drug Distribution Resulting in Death and Other Drug and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Rodney Williams, age 34, of Kingston, Pennsylvania, was indicted on August 28, 2018, by a federal grand jury on multiple drug trafficking charges, including drug distribution resulting in death, and firearms charges.
According to United States Attorney David J. Freed, the indictment alleges that Williams distributed a mixture of heroin, fentanyl and acetyl, which caused the death of an individual who used the substance. Additionally, Williams is charged with distributing cocaine in February of 2018 and possessing heroin, cocaine, and multiple stolen firearms in his home when it was searched by law enforcement officers.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Luzerne County Drug Task Force. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a fine. The drug distribution resulting in death charge carries a mandatory minimum sentence of 20 years in prison. The possession of firearms in furtherance of drug trafficking charge carries a five-year mandatory minimum sentence. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Kalamazoo and Benton Harbor Crystal Methamphetamine Ring DismantledRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge along with Special Agent-in-Charge Timothy Slater of the Federal Bureau of Investigation and Special Agent-in- Charge Timothy Plancon of the Drug Enforcement Administration announced today that eighteen individuals were charged by the attached complaint with conspiring to distribute controlled substances, primarily crystal methamphetamine. In conjunction with the arrests, federal, state and local law enforcement agencies executed twelve federal search warrants in Kalamazoo, Benton Harbor, and Phoenix, Arizona. Earlier in the investigation, law enforcement seized packages sent in the mail to supply the distribution scheme in Michigan. In total, law enforcement has seized nearly seventeen pounds of crystal methamphetamine and five firearms as a part of this investigation.
Pictures of Methamphetamine in bags"I am grateful to federal, state, and local law enforcement for today’s diligent and professional operation," U.S. Attorney Birge said. "Drug trafficking is a dangerous business that ruins lives in our communities every day. Kalamazoo, Benton Harbor, and the rest of the Western District are safer today without pounds of crystal methamphetamine flowing onto their streets."
The following individuals were charged:
• Raymond Demetrius Stovall, 28, of Benton Harbor
• Richard Lee James Jr., 27, of Benton Harbor
• Kentrell Terome Dunn, 32, of Phoenix, Arizona
• David Richard Uminn, 34, of Kalamazoo
• Andrew Peter Bagley, 29, of Kalamazoo
• Robert Bruce Armstrong, 64, of Kalamazoo
• Kandy Kay Kirby, 46, of Kalamazoo
• Eshawn Jamier Whiteside, 20, of Kalamazoo
• Aaron Earl Rimpson, 27, of Kalamazoo
• DeMichael Mishaun Horn, 19, of Benton Harbor
• Michael Dewayne Horn, 19, of Benton Harbor
• Scotty Deandre-Marcus Campbell, 26, of Benton Harbor
• Ronald Eugene Goodloe Jr., 29, of Benton Harbor
• Richard Farmer Sr., 43, of Atlanta, Georgia
• Daisy Laverne Dyer, 42, of Benton Harbor
• Michael John Marcon, 32, of Kalamazoo
• Ronnie Deval Smith, Jr., 24, of Kalamazoo
• Tremain Lamar Braxton, 30, of Benton Harbor
"Drug trafficking and violence often co-exist, which is why federal, state, and local law enforcement made investigating and arresting this dangerous drug-trafficking organization a top priority. Today, West Michigan communities can rest assured that their neighborhoods are a bit safer," stated Timothy Plancon, Special Agent in Charge, U.S. Drug Enforcement Administration, Detroit Field Division.
"Today’s charges send a strong message that methamphetamine traffickers face severe consequences for the real harm that they inflict on our Michigan families," said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. "The FBI’s overall success to defeat drug dealers who prey on communities, through the distribution of deadly substances, requires joint cooperation with our federal and local law enforcement partners."
The FBI is asking for the public’s assistance in locating Scotty Deandre-Marcus Campbell of Benton Harbor, Michigan:
Picture of Scotty Deandre-Marcus CampbellThe charges in the complaint are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
This case is being investigated by the FBI, the DEA, the U.S. Postal Inspection Service, the Kalamazoo Valley Enforcement Team, and the Southwest Enforcement Team (a component of the Michigan State Police), who were assisted in executing the arrest and search warrants by the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan Department of Corrections, the Portage Police Department, the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, the Berrien County Sheriff’s Office, and the St. Joseph County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Justin M. Presant and Mark V. Courtade.
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Justice Department Files Statement of Interest in Harvard Discrimination Case Defending Claim That Harvard Intentionally Discriminates on the Basis of Race in AdmissionsRead the Press Release
The Department of Justice today filed a Statement of Interest on the side of the plaintiff in Students For Fair Admissions, Inc. v. President And Fellows Of Harvard College in the U.S. District Court for the District of Massachusetts. The plaintiff, Students For Fair Admissions, an organization of students and parents, alleges that Harvard College intentionally discriminates against Asian-American applicants when making admissions decisions. The plaintiff seeks relief from Harvard’s alleged discrimination under Title VI of the Civil Rights Act of 1964, a cornerstone civil rights law that prohibits discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. The Department opened a Title VI investigation into Harvard’s admissions process in 2017 based upon a complaint filed by more than 60 Asian-American organizations.
The United States’ Statement of Interest filed today argues that Harvard has failed to show that it does not unlawfully discriminate against Asian Americans.
As a condition1 of receiving millions of dollars in taxpayer funding every year, Harvard specifically agrees to not discriminate on the basis of race in its admissions decisions. However, the students and parents who brought this suit have presented compelling evidence that Harvard’s use of race unlawfully discriminates against Asian Americans. In today’s filing, the United States urges the court to grant the plaintiffs the opportunity to prove these claims at trial.
In filing the Statement of Interest, Attorney General Jeff Sessions provided the following statement:
“No American should be denied admission to school because of their race. As a recipient of taxpayer dollars, Harvard has a responsibility to conduct its admissions policy without racial discrimination by using meaningful admissions criteria that meet lawful requirements. The Department of Justice has the responsibility to protect the civil rights of the American people. This case is significant because the admissions policies at our colleges and universities are important and must be conducted lawfully.”
Harvard admits that it uses race to decide whether to admit certain applicants to the college. Under Supreme Court precedent, Harvard must demonstrate that its use of race does not result in illegal discrimination. Harvard has failed to do so, and the Department filed a Statement of Interest that argues the plaintiffs should be allowed to proceed to a trial.
While Harvard admits to using race in its admissions process, it has failed to provide any meaningful criteria to explain how it weighs race against other factors in a candidate’s application (e.g., test scores and extracurricular activities), and how it limits its use of race to ensure that no illegal discrimination occurs. Supreme Court precedent requires Harvard to provide such an explanation, which it has failed to do in this case.
Further, the evidence shows that Harvard uses a “personal rating” that may be biased against Asian Americans. Based solely on a review of the applicant’s file, Harvard scores its applicants based on “subjective” factors such as “likability” and being a “good person” with “human qualities.” Harvard admits that, on average, it scores Asian-American applicants lower on this “personal rating” than applicants of other races.
Substantial evidence also demonstrates that Harvard admissions officers and committees consistently monitor and manipulate the racial makeup of incoming classes, which has resulted in stable racial demographics in Harvard’s admitted classes from year to year. The Supreme Court has called such attempts to “racially balance” the makeup of a student body “patently unconstitutional.”
Finally, the Justice Department has determined that Harvard—while using race to make admissions decisions for more than 45 years—has never seriously considered alternative, race-neutral ways to compile a diverse student body, which it is required to do under existing law.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt.
1See 42 U.S.C. § 2000d; Gratz v. Bollinger, 539 U.S. 244, 275-76 & n.23 (2003) (“[D]iscrimination that violates the Equal Protection Clause of the Fourteenth Amendment committed by an institution that accepts federal funds also constitutes a violation of Title VI.”).
Justice Department Announces Release of New Fentanyl Safety Video for First RespondersRead the Press Release
Today, the Office of Justice Programs’ Bureau of Justice Assistance (BJA) released the Fentanyl Safety Recommendations for First Responders’ companion training video Fentanyl: The Real Deal. The video was produced by U.S. Customs and Border Protection to help first responders protect themselves when the presence of fentanyl is suspected or encountered on the job. The video is available here.
Fentanyl: The Real Deal provides recommendations to law enforcement on how to navigate safely around the increased prevalence of fentanyl in the illicit drug market. The video provides first responders with unified, scientific, and evidence-based recommendations for protective actions first responders should take when the presence of fentanyl is suspected, when exposure occurs, and when individuals exhibit signs of opioid intoxication.
"Exposure to synthetic opioids like fentanyl is one of the most dangerous threats facing law enforcement officers," Deputy Attorney General Rod J. Rosenstein said. "The Department of Justice worked with the White House, other Cabinet agencies, and many law enforcement organizations to produce a new safety video and training recommendations for first responders. I urge law enforcement officers to review the advice and take precautions to stay safe."
“We have a duty to protect those who keep our communities safe,” said DEA Acting Administrator Uttam Dhillon. “As we continue to fight this opioid epidemic, it is critical that we provide every tool necessary to educate the public, law enforcement, and first responders about the dangers of fentanyl. This video is a positive step in that direction.”
The new training video released today, as well as the Fentanyl Safety Recommendations for First Responders released in November 2017, is the result of a Federal Interagency Working Group coordinated by the White House National Security Council. Agencies represented on the working group include the Department of Justice, the Department of Health and Human Services, the Department of Transportation, and the Department of Homeland Security; the Office of the Director of National Intelligence; the Office of National Drug Control Policy; the National Institute for Occupational Safety and Health; and the U.S. Postal Inspection Service, in collaboration with 24 stakeholder organizations.
The collaboration of agencies and organizations on the safety recommendations guide and training video reflect concerns about increased prevalence of fentanyl in the illicit drug market. As a result, law enforcement and fire/EMS personnel must balance safety with mobility and efficiency. The training video provides tools and tips for first responders to take appropriate protective actions if they encounter fentanyl in the field.
For additional information about today’s BJA rollout event visit www.bja.gov
Jefferson Man Sentenced for Possession of a Firearm by a Convicted FelonRead the Press Release
U.S. Attorney Duane A. Evans announced that TREVOIR JACKSON, age 38, a resident of Jefferson, Louisiana, was sentenced today to one count of possession of a firearm by a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
U.S. District Judge Eldon E. Fallon sentenced JACKSON to a term of imprisonment of 84 months, a term of supervised release of three years, and a $100 mandatory special assessment.
According to court documents, on April 20, 2016, the Jefferson Parish Sheriff’s Office responded to the scene of a shooting. As officers processed the scene, they observed a blood trail ending on the side of a raised house. The officers looked under the house and saw a loaded semi-automatic handgun. DNA analysis later determined that the blood on the firearm was JACKSON’S.
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.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney J. Ryan McLaren was in charge of the prosecution.
Jefferson County man admits to bank robberyRead the Press Release
MARTINSBURG, WEST VIRGINIA –A Charles Town, West Virginia man has admitted to robbing a Charles Town bank, United States Attorney Bill Powell announced.
Ryan Stepanian, age 26, pled guilty to one count of “Bank Robbery.” Stepanian admitted to taking $14,890 from the City National Bank of Charles Town, West Virginia, on January 22, 2018.
Stepanian faces up to 20 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the cases on behalf of the government. The Federal Bureau of Investigation, the Ranson Police Department, and the Charles Town Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
International Arms Exporter Sentenced to PrisonRead the Press Release
DENVER – Katherine O'Neal, age 43, a former member of the United States Army stationed at Fort Carson, was sentenced today by U.S. District Court Judge William J. Martinez to serve 36 months in federal prison, followed by 3 years on supervised release for smuggling goods from the United States, specifically exporting firearms to the Dominican Republic. The U.S. Attorney’s Office was joined by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On September 1, 2015 a federal grand jury indicted O’Neal for numerous firearm and illegal financing type charges. A superseding indictment was handed down on November 20, 2016, with a second superseding indictment returned on December 5, 2017. A jury found O’Neal guilty on March 6, 2018. O'Neal was acquitted on other counts alleging false information on firearm purchase forms and money laundering.
At trial, before United States District Court Judge William J. Martinez, the Government introduced evidence showing that O'Neal made multiple trips to the Dominican Republic shortly after purchasing firearms in Denver and Colorado Springs, including one trip where she flew from Denver to the Dominican Republic with 11 firearms in her luggage in early June 2015. She declared the firearms to the airline, but did not obtain the required State Department export license. Her bags had been misdirected by the airline and were not on her flight. When the bags arrived later, Dominican Republic officials noticed the handguns during an examination of the baggage. When she arrived at the airport to claim her luggage, she was arrested. The Dominican Republic has a ban on all imported firearms. A Denver jury found her guilty of violating 18 U.S.C. § 554(a), which prohibits smuggling goods from the United States.
“Illegally exporting firearms comes with stiff consequences,” said U.S. Attorney Bob Troyer. “Her consequence was 3 years in federal prison.”
“This is a prime example of how greed and an opportunity to make a quick profit motivate some people to criminal actions,” said Steven Cagen, Special Agent in Charge of HSI Denver. “With 67 offices located in 50 countries, HSI is especially well-equipped to investigate criminal cases around the world.”
“This case was a coordinated effort to put a firearms trafficker behind bars,” ATF Denver Special Agent in Charge Debbie Livingston said. “She is very deserving of this sentence.”
The case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations and the Bureau of Alcohol, Tobacco and Firearms, as well as the Dominican Republic, where charges are pending her extradition to that country.
Assistant United States Attorneys Robert Brown and Kurt Bohn are prosecuting this matter for the United States.
Illegal Alien Sentenced to Prison for Illegally Reentering the United States Following DeportationRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to more than three months in federal prison.
Gerardo Lopez-Mendez, age 32, a citizen of Guatemala illegally present in the United States and residing in Cedar Falls, Iowa, received the prison term after a July 3, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Lopez-Mendez admitted he had previously been deported from the United States in 2014 and illegally reentered the United States without the permission of the United States government. Lopez-Mendez was found by immigration agents in Cedar Falls in May 2018 following a traffic stop of a vehicle containing six illegal aliens.
Lopez-Mendez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Lopez-Mendez was sentenced to 98 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Lopez-Mendez is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2028-LRR. Follow us on Twitter @USAO_NDIA.
Human Trafficking Awareness Event St. Croix, USVIRead the Press Release
What: The U.S. Department of Homeland Security, in partnership with the Office of the U.S. Attorney for the Virgin Islands, will be hosting a one-day human trafficking training. Topics will include:
o Human Trafficking Overview
o Encountering Victims of Crime
o Blue Campaign
Trainers will be: Scott Santoro, FLETC Sr. Training Advisor & Crystal Gregory, HSI Forensic Interview Specialist
When: Friday, September 7, 2018, 9:00am to 1:00pm
Where: Virgin Islands Port Authority Conference Room, Henry Rohlsen International Airport
Who should attend: Open to anyone who wants to learn more about Human Trafficking and the DHS Blue Campaign.
RSVP: Antoinette James, DOJ, Office of the U.S. Attorney for the Virgin Islands, [email protected]
Harahan Man Charged with Damaging Government PropertyRead the Press Release
U.S. Attorney Duane A. Evans announced that CHAZ TYLER, age 32, was charged on August 29, 2018, in a one-count bill of information with misdemeanor damage to government property, in violation of Title 18, United States Code, Section 1361.
According to the bill of information, TYLER damaged property belonging to the United States Custom House, a National Historic Landmark owned and maintained by the General Services Administration. TYLER faces a maximum term of imprisonment of 1 year, a maximum fine of $100,000, a maximum term of supervised release of one year, and a mandatory $25 special assessment.
U.S. Attorney Evans reiterated that a bill of information is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Protective Service in investigating this matter. Assistant United States Attorney J. Ryan McLaren is in charge of the prosecution.
Guatemalan Man Sentenced to Prison for Illegally Reentering the United StatesRead the Press Release
A Guatemalan man who illegally returned to the United States after being deported was sentenced today to more than two months in federal prison.
Diego Eduardo Brito-Garcia, age 24, a citizen of Guatemala illegally present in the United States and residing in Dubuque, Iowa, received the prison term after a July 13, 2018, guilty plea to one count of illegal reentry into the United States.
At the guilty plea, Brito-Garcia admitted he had previously been deported from the United States in 2014 and illegally reentered the United States without the permission of the United States government in 2015. Brito-Garcia was found by immigration agents at the Dubuque County Jail in May 2018 following Brito-Garcia’s arrest for domestic abuse assault causing bodily injury. That matter remains pending. Brito-Garcia also used a fraudulent Social Security card and a fraudulent permanent resident card, also known as a “green card,” when he completed an employment form on March 9, 2016, at a business in Dubuque.
Brito-Garcia was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Brito-Garcia was sentenced to 67 days’ imprisonment. He must also serve a one-year term of supervised release after the prison term. There is no parole in the federal system.
Brito-Garcia is being held in the United States Marshal’s custody until he can be turned over to immigration officials.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-1022-LRR.
Follow us on Twitter @USAO_NDIA.
Greenville Woman Guilty of Fraud Involving ImmigrationRead the Press Release
Columbia, South Carolina –------- United States Attorney Sherri A. Lydon announced today that Latoya Sanders, age 30, of Greenville, South Carolina, entered a plea of guilty as charged in Greenville, South Carolina, before United States District Judge A. Marvin Quattlebaum, Jr. Sanders pled guilty to two counts of Wire Fraud, each of which count carries a penalty of up to 20 years in prison, and four counts of Aiding and Abetting the Impersonation of a Federal Official, each of which count carries a penalty of up to three years in prison. Sentencing will occur after the preparation of a Presentence Report by the United States Probation Office.
The case was investigated by the Greenville City Police Department and the Department of Homeland Security. Assistant United States Attorney David C. Stephens prosecuted the case. United States Attorney Lydon stated that there is a co-defendant named in the Indictment whose case has not yet been resolved and therefore no statements will be made regarding the facts of the case.
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Greenbrier County Man Sentenced on Drug ChargeRead the Press Release
BECKLEY, W.Va. – United States Attorney Mike Stuart announced that a Greenbrier County man was sentenced yesterday to 18 months in federal prison for distributing oxymorphone. Cody Reed Godfrey, 26, pled guilty in May to distributing oxymorphone pills to an informant in Alderson, where Godfrey was residing at the time. The case was investigated by the Greenbrier Valley Drug and Violent Crime Task Force.
“More than 1,000 died in West Virginia last year from overdose,” said United States Attorney Mike Stuart. “The illicit sale of prescription pills is still a major concern in the majority of our southern counties because those pills can cause great harm and even death. My team will prosecute pill dealers like Godfrey every day of the week and twice on Sundays until we shut down pill trafficking.”
Godfrey admitted that he distributed, or possessed with the intent to distribute, 49 ½ oxymorphone pills and a small quantity of methamphetamine between June 9 and June 13, 2017.
Assistant United States Attorney John File prosecuted the case. United States District Judge Irene C. Berger imposed the sentence.
Follow us on Twitter: SDWVNews
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Four Individuals Charged in Widespread Scheme to Defraud Medicare and Other Health Insurance Providers Through Fraudulent Medical Corporations and False Billing Resulting in Tens of Millions of Dollars in LossesRead the Press Release
Geoffrey S. Berman, the United States Attorney for the Southern District of New York, William F. Sweeney, Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), Scott J. Lampert, Special Agent in Charge of the New York Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), Thomas P. DiNapoli, the New York State Comptroller, and Carl E. DuBolis, Orange County Sheriff, announced the unsealing today of an indictment charging JAMES SPINA, JEFFREY SPINA, ANDREA GROSSMAN, and KIMBERLY SPINA with participating in a widespread health care fraud scheme through their fraudulent operation of Dolson Avenue Medical (“DAM” or the “Practice”), a multi-disciplinary medical clinic located in Middletown, New York. The defendants were all arrested today, and presented in federal district court in White Plains. This case has been assigned to U.S. District Court Judge Kenneth M. Karas.
Berman also today announced the guilty plea of CHARLES BAGLEY, a licensed medical doctor formerly affiliated with DAM and other businesses, to conspiracy to commit health care fraud, charged in a separate Information unsealed today.
U.S. Attorney Geoffrey S. Berman said: “As alleged, these four defendants purported to run a legitimate medical clinic that provides care and rehabilitation to patients. Instead, the defendants allegedly put aside their medical and fiduciary obligations for greed, attempting to bilk insurance companies and federally-funded Medicare out of more than $80 million. Thanks to the coordinated efforts of federal and state investigative agencies, the defendants will have to answer for their alleged crimes.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Patients go to a doctor hoping they will help them get better. The subjects in this investigation allegedly performed treatments patients didn’t need, double billed for procedures and up-coded. The FBI New York agents and our law enforcement partners uncovered tens of millions of dollars in losses. This type of fraud eventually ends up costing all patients more money when they seek medical attention. We will continue to work tirelessly to stop health care fraudsters hoping to make millions while the patients they should be treating continue to suffer.”
HHS-OIG Special Agent in Charge Scott J. Lampert said: “This indictment should serve as a warning to any health care provider that dares to put personal profit ahead of proper patient care. HHS-OIG, along with our law enforcement partners, will continue to aggressively pursue those who seek to undermine the federally funded health care programs intended for our most vulnerable Americans.”
New York State Comptroller Thomas P. DiNapoli said: “The Spinas and their associates allegedly swindled tens of millions of dollars by fraudulently billing health insurers including the NYS Health Insurance Program and the State Insurance Fund. An alleged theft of this magnitude is appalling when so many hard-working people experience rising health care costs. Now, their alleged scams have been exposed, thanks to my partnership with U.S. Attorney Berman, the FBI, the U.S. Department of Health and Human Services Inspector General and the Orange County Sheriff's Office.”
Orange County Sheriff Carl E. DuBois said: "The Orange County Sheriff’s Office is dedicated to the collaboration with its federal partners in combating crime in the region. We are committed to our partnership with the FBI in the relentless pursuit of justice."
According to the allegations in the Indictment unsealed today in White Plains federal court:[1]
From 2011 through September 2017, DAM was a registered medical service corporation in New York State that purported to provide a variety of pain management and rehabilitation services including physical medicine and rehabilitation, chiropractic services, physical therapy, diagnostic testing, and acupuncture. DAM primarily provided treatment services from its clinic located at 201 Dolson Avenue, Middletown, New York.
In addition to DAM, at least eight other corporations, including four other medical corporations, billed Medicare and other health insurance providers (the “Insurance Providers”) from 201 Dolson Avenue (the “Associated Businesses”). On paper, DAM and the Associated Businesses appeared to be separate entities owned by multiple different qualified individuals. But in reality, JAMES SPINA and JEFFREY SPINA, who are doctors of chiropractic - not medical doctors - were the true owners and operators of the different medical service corporations.
According to the indictment, JAMES SPINA and JEFFREY SPINA, together with GROSSMAN, made all corporate decisions for DAM and the Associated Businesses. In particular, JAMES SPINA and JEFFREY SPINA ran the day-to-day operations of the businesses. They controlled payroll, the hiring and firing of employees, corporate expenses, like employee compensation and rent, and billing to Insurance Providers. Further, JAMES SPINA and JEFFREY SPINA were the financial beneficiaries of DAM and its Associated Businesses.
JAMES SPINA and JEFFREY SPINA, however, went to great lengths to conceal their control and ownership of DAM and the Associated Businesses. In particular, JAMES SPINA and JEFFREY SPINA recruited medical doctors and other professionals to serve as the nominee owners of DAM and the Associated Businesses. JAMES SPINA and JEFFREY SPINA further concealed their ownership of DAM and the Associated Businesses by transferring revenues of these companies into other companies they owned. To further disguise these transfers, JAMES SPINA and JEFFREY SPINA drafted fake lease and marketing agreements between DAM and the Associated Businesses and purported real estate and marketing companies they owned and referred to the payments as “rent” or “marketing fees.” The defendants also used phony and non-existent addresses for the corporations so that it would appear that DAM and the Associated Businesses were operating out of separate locations.
As alleged, in operating the multiple fraudulent businesses, JAMES SPINA and JEFFREY SPINA, routinely showed little, if any, regard for which medical services or treatments were medically necessary, or even whether the services were actually provided to patients, and instead operated DAM and billed Insurance Providers to maximize DAM’s reimbursements and ultimately, their own profits. In particular, JAMES SPINA and JEFFREY SPINA, with assistance from GROSSMAN, the bookkeeper for DAM and its Associated Businesses, and KIMBERLY SPINA, an administrator at the Practice: (a) submitted and caused to be submitted claims to Insurance Providers for medically unnecessary services and procedures; (b) submitted and caused to be submitted claims to Insurance Providers for medical services that were not rendered; (c) double billed, i.e., submitted and caused to be submitted multiple claims for the same service to two different Insurance Providers; (d) altered and fabricated medical records; and (e) obstructed and impeded audits by Medicare and other Insurance Providers to conceal their fraud.
As a consequence of the above-described scheme, the majority of the claims submitted by DAM and the Associated Businesses to Medicare and other Insurance Providers were false and fraudulent. The submitted claims during the relevant time period totaled more than $80,000,000, resulting in losses of tens of millions of dollars.
As alleged in a separate Information filed today in White Plains federal court:
CHARLES BAGLEY, a licensed medical doctor affiliated with DAM and the Associated
Businesses, participated in the health care fraud scheme, whereby BAGLEY, a licensed medical doctor, agreed with others to submit, and cause to be submitted, false claims to Medicare and other health care benefit programs to obtain reimbursement to which he and his co-conspirators were not entitled.
* * *
BAGLEY, 69, of Great Neck, New York, pled guilty today to one count of conspiracy to commit health care fraud, which carries a maximum sentence of 10 years in prison. The defendant will be sentenced at a future date. The case is assigned to United States District Judge Nelson S. Román.
JAMES SPINA, 59, of Middletown, New York, JEFFREY SPINA, 56, of Middletown, New York, ANDREA GROSSMAN, 59, of Loch Sheldrake, New York, and KIMBERLY SPINA, 54, of Woodbourne, New York, are each charged with one count of conspiring to commit health care fraud and one count of health care fraud, each of which carries a maximum sentence of 10 years in prison. In addition, JAMES SPINA and JEFFREY SPINA are charged with one count of obstructing and impeding a federal audit, with carries a maximum sentence of five years in prison.
The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge
Manhattan U.S. Attorney Geoffrey S. Berman praised the outstanding investigative work of the FBI, HHS-OIG, the New York State Office of the State Comptroller, and the Orange County Sheriff’s Office. He also thanked the Orange County District Attorney’s Office, the Sullivan County District Attorney’s Office, the National Insurance Crime Bureau, Liberty Mutual Insurance, and USAA Insurance for their assistance.
The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Kathryn Martin and Emily Deininger are in charge of the prosecution.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former ride operator at Cleveland children's park indicted for child exploitationRead the Press Release
A Cleveland man who formerly worked as a ride operator at Memphis Kiddie Park was indicted for filming numerous images and videos of an underage girl engaged in sexually explicit conduct.
Miguel L. Wheeler, 33, was indicted on one count of sexual exploitation of a minor and one count of possessing visual depictions of minors engaged in sexually explicit conduct.
Wheeler produced numerous images of a minor engaged in sexually explicit conduct between Feb. 13, and July 25, 2018. He also possessed a Samsung Galaxy Note 8 cell phone with images of child pornography on July 25, 2018, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal 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. The case was investigated by Special Investigator David Frattare, Ohio Internet Crimes Against Children Task Force, with assistance from Homeland Security Investigations.
A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Reading Mayor Vaughn Spencer Convicted of Bribery and Wire FraudRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that former Reading, PA Mayor Vaughn Spencer, 71, of Reading, PA was found guilty today by a jury of one count of conspiracy to commit federal program bribery and honest services wire fraud, nine counts of bribery, and one count of honest services wire fraud.
The defendant was the former Mayor of Reading, Pennsylvania from January 2012 until January 2016. The charges primarily stem from the contracting process in the City of Reading and the defendant’s bid for re-election to a second term. In order to maximize campaign contributions for the Democratic primary in May 2015, the defendant steered engineering contracts to companies that had contributed to him in the past, and promised engineering contracts to companies who agreed to contribute to him in the future. In a further effort to maximize campaign contributions, the defendant offered a bribe to the Reading City Council president, Francisco Acosta, by agreeing to give Acosta’s wife, Reading School District President Rebecca Acosta, a campaign contribution for her district justice race, in exchange for the Acostas’ efforts to secure the repeal of the local campaign finance limits ordinance, so that Spencer could retain contributions he already had received in excess of the limit.
“Elected officials are entrusted to act in the best interests of their residents and not to use their office for their own personal gain,” stated U.S. Attorney McSwain. “Former Mayor Spencer abdicated those duties and responsibilities when he bribed other local officials in order to collect additional political contributions for his re-election campaign. If public officials do not play by the rules, then no one will. We are thankful that the jury reached a fair and just verdict.”
“While Vaughn Spencer was only a one-term mayor, he's done lasting damage to the city of Reading by compromising the public trust,” said Michael T. Harpster, Special Agent in Charge of the FBI's Philadelphia Division. “Putting his own interests above those of the people he was elected to serve, he repeatedly engineered quid pro quos meant to pad his campaign coffers. The jury's swift verdict is a testament to the strength of the government's case. The FBI is committed to investigating public corruption and holding crooked officials accountable.”
“Today’s verdict underscores our commitment to work in a collaborative effort to promote honest and ethical government at all levels and to prosecute those who violate the public’s trust,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco.
“This case is a great example of hard work and cooperation between state, federal, and local agencies,” said Major Douglas Burig, Director of the Bureau of Criminal Investigation with the Pennsylvania State Police. “Citizens deserve honest work by the public officials that represent them and we thank everyone involved for ensuring justice has been served.”
The charge of bribery concerning programs receiving federal funds carries a maximum sentence of 10 years in prison and a $250,000 fine; the charge of honest services wire fraud carries a maximum sentence of 20 years in prison and a $250,000 fine; and the charge of conspiracy carries a maximum sentence of 5 years in prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service - Criminal Investigation and Pennsylvania State Police. The case is being prosecuted by Assistant United States Attorneys Michelle Morgan and Anthony Wzorek.
Former New Mexico State Taxation and Revenue Department employee sentenced to 46 months of Imprisonment for federal extortion convictionRead the Press Release
ALBUQUERQUE – U.S. District Judge Martha Vazquez sentenced Larry Mendoza, a former Revenue Agent of the New Mexico Taxation and Revenue Department, to 46 months of imprisonment for his conviction on Hobbs Act extortion charges in federal court today in Santa Fe, N.M. Mendoza will be on supervised release for three years after completing his prison sentence. Judge Vazquez also ordered Mendoza to pay $43,380 in restitution.
In announcing Mendoza’s sentence, U.S. Attorney John C. Anderson said, “Public employees violate a sacred trust when they use the instruments of government for self-enrichment, and this Office will vigorously pursue and prosecute such abuses.”
“The hard-working people of New Mexico deserve and expect honest public servants who will make sure every tax dollar goes toward making this state a great place to live,” said Special Agent in Charge James C. Langenberg of the FBI’s Albuquerque Division. “While most government employees perform their duties without reproach, the few who seek only to line their own pockets undermine the public’s confidence in our democracy. The FBI hopes this case sends a strong message that civil servants who victimize the people who pay their salaries will be held accountable.”
Mendoza, 45, of Santa Fe, pled guilty on Nov. 17, 2017, to a three-count felony information charging him with Hobbs Act extortion under color of official right. The felony information charged Mendoza abusing his position as a state Revenue Agent between Feb. 2017 and May 2017, to extort $2,500 from a business owner in return for reducing the business owner’s tax liability.
According to court records, the New Mexico State Taxation and Revenue Department employed Mendoza from 2007 through 2017. Beginning in Oct. 2013, Mendoza began working as a Revenue Agent with responsibilities that included collecting outstanding taxes owed by New Mexico business owners. In Feb. 2017, Mendoza approached a business owner with a proposal that the business owner pay him $500 a month in exchange for Mendoza lowering the business owner’s tax obligation to the State of New Mexico.
After the business owner gave Mendoza $500 in Feb. 2017 and another additional $500 in March 2017, Mendoza logged onto his work computer on May 11, 2017 and reduced the business owner’s tax liability to the State of New Mexico by $8,000. On that same day (May 11, 2017), Mendoza solicited another $1,500 from the business owner in exchange for reducing his tax obligation. On May 24, 2017, the business owner gave $1,500 to Mendoza in exchange for Mendoza’s reduction of the business owner’s tax obligation to the State of New Mexico.
In entering his guilty plea, Mendoza admitted that the money he solicited and received from the business owner was for his personal use and benefit, and that he was not entitled to that money. Mendoza also admitted that he engaged in a similar pattern of criminal conduct with other business owners and that his criminal conduct was responsible for losses in excess of $40,000.
The New Mexico State Taxation and Revenue Department placed Mendoza on administrative leave on May 24, 2017, and his employment was terminated shortly thereafter.
The FBI offices in Albuquerque and Santa Fe investigated the case, which was prosecuted by Assistant U.S. Attorney Holland S. Kastrin.
Former NASCAR Driver Convicted of Attempted Enticement of A MinorRead the Press Release
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that a federal jury today found Richard H. Crawford, Jr. (60) guilty of attempted enticement of a minor to engage in sexual activity. Crawford faces a minimum mandatory penalty of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for November 26, 2018.
Crawford had been indicted on March 30, 2018.
According to the evidence presented at trial, from February 10 to February 28, 2018, Crawford engaged in email and text communications, with a person he believed to be the father of a 12-year-old girl, about the possibility of engaging the child in sexual activity. Crawford agreed to pay between $50 and $75 to engage the girl in oral sex and intercourse. Crawford also indicated that he wanted the child to be nude or wearing something with “easy access” at the time of the meeting.
On February 28, 2018, when Crawford arrived at the agreed location to have sex with the girl, he was arrested by federal agents. During a search of Crawford, agents found that he was carrying $80 and had a condom in his pants pocket. The agents also searched Crawford’s truck, finding an emergency contraceptive pill, massage oil, a phallic device, a sexual performance enhancement pill, adult pornography, a DVD player, and condoms. In addition, the agents found Crawford’s cellphone, which was searched. The cellphone contained the emails and text messages between Crawford and the undercover officer acting as the father of a 12-year-old child.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
Former Local Bank Manager Pleads Guilty to EmbezzlementRead the Press Release
Memphis, TN – A local man pleaded guilty to conspiracy and embezzlement, while being employed as a branch manager at Tri-State Bank ("Tri-State") in Memphis. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the guilty plea today.
According to the charging instrument, from calendar years 2015 to 2016, Michael B. Gaines, branch manager of Tri-State, developed a scheme to activate many dormant accounts and withdraw funds from said accounts with the help of another employee. Gaines and the employee used their Tri-State computer and user I.D. to activate and enter the accounts to fraudulently withdraw funds. He gave some of the proceeds to another employee and deposited cash into his personal bank account. During the time of the conspiracy and embezzlement, Tri-State suffered a loss of over $214,000.
U.S. Attorney D. Michael Dunavant said, "The financial fraud and embezzlement committed by the defendant in this case is disturbing and far-reaching. The abuse of his position of trust and authority as a bank manager for his own personal gain had a significant negative impact on the employees and customers of Tri-State Bank. The U.S. Attorney’s Office places a high priority on protecting the security, deposits and assets of financial institutions, and this conviction demonstrates that commitment."
Sentencing is set for December 6, 2018, before U.S. District Court Judge John T. Fowlkes. Gaines pleaded guilty to one count of conspiracy and another count of embezzlement. The maximum penalty for conspiracy is 5 years imprisonment and a $250,000 fine and for embezzlement, 30 years imprisonment and a $1,000,000 fine.
This case was investigated by the United States Secret Service.
Assistant U.S. Attorney Damon Keith Griffin is prosecuting the case on the government’s behalf.
Former Hamtramck, Michigan, Police Officer Indicted for Excessive Use of Force, Obstruction of Justice, and Firearms OffensesRead the Press Release
The Department of Justice today announced that a federal grand jury sitting in the U.S. District Court for the Eastern District of Michigan returned a six-count indictment charging former Hamtramck, Michigan, police officer Ryan McInerney, 42, with civil rights violations, obstruction of justice, and firearms offenses in connection with two civilian arrests on July 22, 2014. McInerney is charged with violating two civilians’ civil rights when he assaulted them with a pistol without justification during separate arrests on the same night. The indictment further charges McInerney with two counts of using a firearm during and in relation to the civil rights offenses, as well as with writing false reports to cover up his excessive uses of force. As a result of the assaults, one of the civilians suffered broken facial bones and lacerations requiring stitches, and the other civilian suffered broken teeth, among other injuries.
The civil rights charges carry a statutory maximum sentence of 10 years in prison for each offense. The obstruction charges carry a statutory maximum sentence of 20 years in prison for each offense. The firearms charges carry a mandatory minimum, consecutive sentence of five to seven years in prison for each offense.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Frances Lee Carlson of the Eastern District of Michigan and Trial Attorney Risa Berkower of the Justice Department’s Civil Rights Division.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.
Former Georgia medical examiner sentenced for opioid conspiracyRead the Press Release
ATLANTA – Dr. Joseph L. Burton, a former county and state medical examiner and forensic pathologist, has been sentenced to federal prison after pleading guilty to conspiring to illegally distribute opioid painkillers. Dr. Burton was indicted along with seven other individuals in February 2018. Four of Dr. Burton’s co-defendants have already been sentenced, and two more are awaiting sentencing after pleading guilty to similar charges.
“As a medical professional, Dr. Burton violated both his legal and ethical responsibilities when he knowingly wrote hundreds of illegal opioid prescriptions in exchange for sexual favors,” said U.S. Attorney Byung J. “BJay” Pak. “We will continue to work closely with our federal, state, and local law enforcement partners to hold those accountable who unlawfully distribute opioids in our community.”
“Addressing the country’s prescription opioid epidemic continues to be one of DEA’s top priorities,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “Dr. Burton prescribed powerful opiate-based pills outside the normal course of professional practice in exchange for sexual favors. Correspondingly, DEA, its law enforcement partners and the U.S. Attorney’s Office used every available resource to ensure he was brought to justice for his egregious prescribing practices. He will now spend well-deserved time in prison.”
According to U.S. Attorney Pak, the indictment, and other information presented in court: Dr. Burton, a licensed physician, operated as a consulting pathologist to determine the medical causes of diseases and death. Federal agents with the DEA began investigating Dr. Burton after agents with the Georgia Drug & Narcotics Agency and the Georgia Department of Public Health visited him in early 2017 and discovered that he was prescribing painkillers to a large number of patients without operating a medical clinic or regularly seeing patients. Over a roughly two-year period beginning in July 2015, Burton wrote over 1,500 prescriptions for controlled substances – including over 1,100 prescriptions for opioid painkillers such as oxycodone, hydrocodone, and methadone – irrespective of any legitimate medical purpose and outside the normal course of professional practice. These illegitimate prescriptions amounted to over 108,000 individual doses of opioids, including over 66,000 30 mg oxycodone pills. Burton wrote the bulk of these prescriptions to women in exchange for sexual favors and romantic affection. With his knowledge, many of the recipients of these prescriptions, in turn, sold or bartered the prescriptions. The approximate street value of the oxycodone pills that Burton prescribed exceeds $2 million.
Dr. Burton prescribed opioids to individuals without: diagnosing legitimate medical conditions, conducting medical exams, reviewing medical records, taking precautions for proper usage or drug screening, or, on occasion, ever meeting the recipients. Several of Burton’s co-defendants, as well as other individuals who were not federally indicted, each engaged in a sexual relationship with Dr. Burton in exchange for prescriptions in their names, as well as the names of others. These women would fill their prescriptions and sell the pills, and then obtain more prescriptions from Burton for other people, who paid them for getting the prescriptions. Dr. Burton also supplied the co-defendants with blank prescriptions and instructed them on how to fill them out.
Joseph Lawson Burton, 73, of Milton, Georgia, was sentenced to eight years in federal prison, to be followed by three years of supervised release on August 29, 2018. Burton pleaded guilty on May 22, 2018 to conspiracy to unlawfully distribute and dispense controlled substances outside of the normal course of professional practice and without a legitimate medical purpose.
The following co-defendants have also pleaded guilty or been sentenced:
●Jennifer Hunter, 29, of Acworth, Georgia, pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 2, 2018. Hunter’s sentencing is scheduled for September 11, 2018.
●Tiffany Willis, 26, of Cartersville, Georgia, was sentenced on August 15, 2018, to four years, seven months in prison, to be followed by three years of supervised release. She pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 2, 2018.
●Michelle Danner, 45, of Acworth, Georgia, was sentenced on August 9, 2018 to five years, 10 months in prison, to be followed by three years of supervised release. She pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 15, 2018.
●Jerry Stephens, Jr., 30, of Cartersville, Georgia, was sentenced on August 28, 2018 to four years in federal prison, to be followed by three years of supervised release. He pleaded guilty to one count of conspiracy to unlawfully distribute and dispense controlled substances and one count of distribution and dispensation of a controlled substance on May 8, 2018.
●Rodney Kennedy, 63, of Cartersville, Georgia was sentenced on August 9, 2018 to two years, nine months in prison, to be followed by three years of supervised release. He pleaded guilty to conspiracy to unlawfully distribute and dispense controlled substances on May 10, 2018.
This case is being investigated by the DEA. The case is part of a coordinated effort with the Acworth Police Department, Barrow County Sheriff’s Office, Bartow County District Attorney’s Office, Bartow County Sheriff’s Office, Cartersville Police Department, Cherokee County Sheriff’s Office, Cherokee County District Attorney’s Office, Clayton County Police Department, Cobb County Sheriff’s Office, Cobb County District Attorney’s Office, Cobb County Police Department, Fayette County Sheriff’s Office, Floyd County District Attorney’s Office, Floyd County Sheriff’s Office, Georgia Department of Community Supervision, Georgia Composite Medical Board, Georgia Drugs and Narcotics Agency, Gwinnett County Sheriff’s Office, Hall County Sheriff’s Office, Jonesboro Police Department, Oakwood Police Department, Paulding County Sheriff’s Office, and the Rome Police Department.
Assistant U.S. Attorneys John T. DeGenova and C. Brock Brockington, Deputy Chief of the Narcotics & Dangerous Drugs Section are prosecuting the case.
This case was presented as a part of Operation SCOPE, (Strategically Combatting Opioids through Prosecution and Enforcement), an initiative that targets individuals who illegally prescribe opioids and drug traffickers who also distribute these dangerous and addictive drugs.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Former Delgado Community College Financial Aid Officer Pleads Guilty to Solicitation and Receipt of BribesRead the Press Release
United States Attorney Duane A. Evans announced that DAVIN D. THOMAS (“THOMAS”), age 32, of Ponchatoula, Louisiana, a former Delgado Community College ("DCC") Financial Aid Officer, pled guilty today to a one count Bill of Information charging him with soliciting money from students in exchange for awarding students financial aid.
According to court documents, THOMAS was responsible for the verification of student financial aid applications and for identifying the students who were eligible for financial aid funds. From April 2014 through August 2016, THOMAS solicited funds from three DCC students in exchanged for awarding the students financial aid. THOMAS admitted to federal law enforcement that he accepted $6,700 in exchange for awarding the students financial aid.
THOMAS faces a possible sentence of up to ten (10) years imprisonment, followed by up to three (3) years of supervised release, and a $250,000.00 fine. U.S. District Court Judge Eldon E. Fallon set sentencing for December 20, 2018.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and United States Department of Education, Office of Inspector General. The prosecution of this case is being handled by Assistant U. S. Attorney Julia K. Evans.