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Wednesday 15 August 2018
Tallahatchie County Sheriff Arrested on Narcotics Trafficking and Extortion ChargesRead the Press Release
OXFORD, MS. William C. Lamar, United States Attorney for the Northern District of Mississippi, and Christopher Freeze, Special Agent in Charge of the FBI in Mississippi, announced today that the Sheriff of Tallahatchie County, Mississippi, has been arrested on federal narcotics trafficking and extortion charges.
William Brewer, 58, a resident of Oakland, Mississippi, was charged with conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 846, and extortion and bribery under color of official right in violation of the Hobbs Act, set forth in 18 U.S.C. § 1951. Brewer was charged by criminal complaint in the Northern District of Mississippi.
If convicted, Brewer faces up to 20 years in prison on each count, along with fines ranging from $250,000.00 to $1,000,000.00 per count. Brewer appeared today before United States Magistrate Judge Roy Percy. He was remanded to the custody of the U.S. Marshals Service pending preliminary and detention hearings which are set for August 14, 2018, at 10:00 a.m., in the Federal Courthouse in Oxford, Mississippi.
A criminal complaint is merely a charge and the defendant is presumed innocent until proven guilty.
Supervisory Customs and Border Protection Officer Arrested and Charged with Strangling a Traveler at San Ysidro Port of EntryRead the Press Release
Assistant U. S. Attorney Ryan R. Crosswell (619) 546-9661
NEWS RELEASE SUMMARY – August 15, 2018
SAN DIEGO – Supervisory U.S. Customs and Border Protection Officer Harvey Booker was indicted by a federal grand jury yesterday for deprivation of rights under the color of law. He was arrested at his home early this morning.
Booker made his initial appearance in federal court today before U.S. Magistrate Judge Karen S. Crawford. His next court appearance is a motions hearing on September 7, 2018, at 2:00 p.m. before Chief U.S. District Judge Barry T. Moskowitz.
According to the indictment, on July 8, 2018, Booker, while acting under color of law as a Customs and Border Protection Officer, strangled M.N., willfully depriving him of the right, secured by the Constitution and the laws of the United States, to be free from unreasonable force and unlawful assault by a law enforcement officer. According to the indictment, Booker’s assault resulted in bodily injury to M.N. The victim was not identified in the indictment to protect his privacy. A prosecutor explained in court that this incident was “an act of violence against a traveler at the Port of Entry.”
“There is no excuse for law enforcement officials to abuse the significant trust and power placed in them,” said U.S. Attorney Adam Braverman. “Law enforcement takes great pride in protecting the civil rights of all people. When that trust is betrayed, we must hold that officer accountable.”
Amanda Thandi, Special Agent in Charge of the Department of Homeland Security (DHS), Office of Inspector General (OIG), San Diego Field Office, stated: “All DHS law enforcement officers are required and expected to abide by the laws they enforce and protect. DHS OIG is committed to hold anyone who betrays the public’s trust accountable for his/her actions, while supporting the men and women who proudly uphold their duties to serve, protect, and ensure the constitutional rights of all persons.” The public is encouraged to report violations of civil rights regarding DHS programs and activities to the DHS Office for Civil Rights and Civil Liberties; the civil rights complaint form is available at https://www.dhs.gov/publication/file-civil-rights-complaint.
“U.S. Customs and Border Protection stresses professionalism, honor and integrity in every aspect of our mission and does not tolerate actions by any employee that would tarnish the reputation of our agency,” said CBP Director of Field Operations for San Diego, Pete Flores. “CBP is fully cooperating with the FBI and DHS Office of the Inspector General regarding this investigation.”
DEFENDANTS
Harvey Booker Age: 70 San Diego, CA
SUMMARY OF CHARGES
Deprivation of Rights Under Color of Law – Title 18, U.S.C., Section 242
Maximum penalty: 10 years’ imprisonment and a $250,000 fine
AGENCIES
Department of Homeland Security – Office of Inspector General
U.S. Customs and Border Protection – Office of Professional Responsibility
Federal Bureau of Investigation
*An indictment is not evidence that the defendant committed the crime charged. The defendant is presumed innocent until the United States meets its burden in court of proving guilty beyond a reasonable doubt.
Statement of Manhattan U.S. Attorney Geoffrey S. Berman on the Conviction of Norman Seabrook, President of Correction Officers’ Benevolent AssociationRead the Press Release
“Norman Seabrook was once one of the most powerful union leaders in this City. Today he stands convicted of taking a $60,000 bribe to invest $20 million of his union members’ money in a fund that ultimately went belly-up, losing $19 million. Seabrook’s is the fifth major public corruption conviction by our Office in as many months: the governor’s right-hand man, the Speaker of the New York State Assembly, the Senate Majority Leader, and the key executive in the Buffalo Billion case. I commend the hard-working members of the FBI who worked on all of these investigations, and the career prosecutors of this office who prosecuted this case: Martin Bell, Lara Pomerantz, and the chief of our public corruption unit, Russell Capone. As long as there are public servants who put self-interest above the people they are sworn to serve, public corruption will remain a top priority of this Office.”
Stark County man indicted for receiving and having child pornographyRead the Press Release
A Stark County man was indicted for receiving and possessing images of child pornography.
Philip M. Popa, Jr., 33, of Beach City, indicted on one count of receipt of child pornography and one count of possession of child pornography.
Popa received computer files which contained images of minors engaged in sexually explicit conduct. This took place between May 30, 2017, through July 7, 2018, according to the indictment.
The indictment also charges that on or about July 17, 2018, Popa possessed an HP laptop computer that contained child pornography.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik. The case was investigated by TFO Ryan D. Anschutz, Federal Bureau of Investigation Child Exploitation Task Force.
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.
Seven Rockford Residents Charged with Federal Wire Fraud, Food Stamp Fraud, and Money LaunderingRead the Press Release
ROCKFORD — Seven Rockford residents have been charged by a federal grand jury with multiple counts of wire fraud and additional offenses. FEUY KHAIKHAM, 57; LEEFORM XAYVANDY, SR., a.k.a. “John,” 37; BOUNLEUNG THAMONTRI, a.k.a. “Tommy,” 54; VANSY XAYVANDY a.k.a. “Dee,” 42; SOM XAYVANDY, 47; CHRISTIANA XAYVANDY, a.k.a. “Tina,” 26; and AUNG GYAW, a.k.a. “AJ,” 23, were each charged with seventeen counts of wire fraud in a superseding indictment returned on July 31, 2018.
The wire fraud charges relate to the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the food stamp program. SNAP is a federal benefit program that assists low-income individuals and families purchase food. The U.S. Department of Agriculture, Food and Nutrition Service (“USDA”) is responsible for administering and implementing SNAP in conjunction with state governments. The Illinois Department of Human Services, which administers SNAP in Illinois, provides benefits to eligible individuals and families on their Illinois Link cards. To use their SNAP benefits, Illinois recipients must present their Link card to a retailer authorized to participate in SNAP by the USDA. Stores authorized to participate in SNAP can accept SNAP benefits only as payment for eligible food items and cannot accept SNAP benefits in exchange for cash. The illegal exchange of SNAP benefits for cash is commonly referred to as SNAP trafficking.
The superseding indictment alleges that between April 2015 and January 18, 2017, the defendants schemed to defraud the USDA and the State of Illinois by fraudulently accepting and redeeming SNAP benefits exchanged for discounted amounts of cash, knowing that such exchanges were prohibited under SNAP. It is alleged that the seven defendants fraudulently obtained more than $3 million in reimbursement for SNAP benefits over the course of the SNAP trafficking scheme. Each count of wire fraud carries a maximum penalty of 20 years in prison and a fine of up to $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater.
The superseding indictment also charges Khaikham, Leeform Xayvandy, Som Xayvandy, and Gyaw with one count each of SNAP fraud, and it charges Vansy Xayvandy with two counts of SNAP fraud. SNAP fraud carries a maximum penalty of 5 years in prison and a $10,000 fine.
In addition to wire fraud and SNAP fraud charges, the superseding indictment charges Khaikham, Leeform Xayvandy and Thamontri with conspiracy to commit money laundering and multiple counts of money laundering. The superseding indictment alleges that Khaikham and Thamontri recruited an individual to act as a nominee owner of a grocery store in Rockford, obtain SNAP authorization for the grocery store, and open a bank account for the grocery store in the nominee owner’s name. The superseding indictment alleges that proceeds of SNAP trafficking transactions conducted by Khaikham, Thamontri, and Leeform Xayvandy were deposited into the bank account, which was controlled by Khaikham and Thamontri. The superseding indictment further alleges that Khaikham, Thamontri, and Leeform Xayvandy conspired to conduct and attempt to conduct financial transactions to liquidate and distribute those proceeds while concealing the nature, control and ownership of the proceeds. Each count of money laundering and conspiracy to commit money laundering carries a maximum penalty of 20 years in prison and a $500,000 fine.
The superseding indictment also charges Leeform Xayvandy with one count of engaging in a monetary transaction in criminally-derived property in an amount greater than $10,000. This count carries a maximum penalty of ten years in prison and a $250,000 fine.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Anthony Mohatt, Special Agent-in-Charge of the Midwest Regional Office of the U.S. Department of Agriculture, Office of Inspector General in Chicago; and Gabriel L. Grchan, Special Agent-in-Charge of the Chicago office of the Internal Revenue Service, Criminal Investigation Division. The Rockford Police Department and the Winnebago County Sheriff’s Office assisted in the investigation.
Leeform Xayvandy, Christiana Xayvandy and Gyaw were arraigned on Aug. 7, 2018, and pleaded not guilty to all charges. Vansy Xayvandy and Som Xayvandy were arraigned Tuesday and also pleaded not guilty to all charges. Khaikham is scheduled to be arraigned on the superseding indictment on Sept. 6, 2018, at 11:00 a.m. With the exception of Thamontri, who remains at large, the other defendants are currently released on bond pending trial.
The public is reminded that an indictment contains only charges and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines and order full restitution.
The government is represented by Assistant U.S. Attorney Talia Bucci.
Sentencing Hearing Scheduled for Kankakee County Man Guilty of Bank Fraud Related to Construction LoansRead the Press Release
PEORIA, Ill. – Sentencing is scheduled on Dec. 6, 2018, for Daniel Ballard, 59, of Bourbonnais, Ill., for bank fraud related to construction loans. Ballard entered pleas of guilty to three counts of bank fraud on Aug. 13, before Chief U.S. District Judge James E. Shadid. Ballard was allowed to remain on bond pending sentencing.
On Aug. 13, Ballard admitted that between 2009 and 2012, he obtained multiple construction loan draws from the State Bank of Herscher by making false representations to Kankakee County Title Company claiming he had constructed one residence and remodeled another, when he had done neither. Instead, he used the fraudulently obtained money to attempt to finish construction of another residence at 3013 Stone Fence Drive in Kankakee, Illinois that was over budget.
At sentencing, the maximum statutory penalty for each of the three counts of bank fraud, is up to 30 years in prison and fines up to $250,000. Statutory penalties are prescribed by Congress and are provided here for informational purposes, as sentencing is determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Eugene M. Miller is prosecuting the case. The Federal Deposit Insurance Corporation (FDIC) Office of Inspector General conducted the case investigation.
A jury had previously convicted Ballard of all three counts of bank fraud in December 2016. In April 2018, however, the Seventh Circuit Court of Appeals affirmed the district court’s June 2017 decision to vacate Ballard’s convictions. A new trial was scheduled on Aug. 20, 2018; however, the jury trial date has been vacated following Ballard’s plea, and the case is set for sentencing in December 2018.
San Francisco Resident Sentenced to Seventeen Years in Prison for Conspiring to Produce Child Pornography, Extortion, and Related CrimesRead the Press Release
SAN FRANCISCO – Krishna Viramontes was sentenced today to 204 months in prison for conspiring to produce and possessing child pornography, as well as extortion, announced United States Attorney Alex G. Tse and Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin. The sentence was handed down by the Honorable Edward M. Chen, U.S. District Judge.
Viramontes, 37, of San Francisco, pleaded guilty to the charges on February 28, 2018. In pleading guilty, Viramontes admitted that on June 24, 2016, July 25, 2016, and August 30, 2016, he used a minor to produce visual depictions of sexually explicit conduct. He further admitted that between June 24, 2016, and September 29, 2016, he conspired with another person to produce sexually explicit depictions of a minor. Viramontes further admitted that he possessed child pornography and transmitted threats in interstate commerce intended to extort another person. Specifically, Viramontes threatened to distribute sexually explicit videos of the minor in the hope that the threats would force the minor into a relationship with the defendant. On July 26, 2016, officers from the San Francisco Police Department Internet Crimes Against Children (ICAC) Unit received a tip that an account holder at a file hosting service had uploaded digital video files of suspected child pornography to his account. An investigation resulted in a search of Viramontes’ San Francisco residence and the discovery of numerous electronic devices containing images and videos of child pornography, including images and videos created by Viramontes of a minor.
A federal grand jury indicted Viramontes on December 13, 2016, charging him with three counts of producing child pornography, in violation of 18 U.S.C. § 2251(a), one count of conspiring to produce child pornography, in violation of 18 U.S.C. §§ 2251(a) and (e), one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and one count of extortion through interstate communications, in violation of 18 U.S.C. § 875(d). Viramontes pleaded guilty to all charges.
In addition to the prison term, Judge Chen sentenced the defendant to a ten-year period of supervised release and ordered Viramontes to register with the state sex offender registration agency as required by state law.
Assistant United States Attorney Karen Kreuzkamp is prosecuting the case with the assistance of Tong Zhang, Lance Libatique, and Maria Sunga. The prosecution is the result of an investigation by HSI and ICAC.
Rutland Woman Sentenced to 24 Months in Prison for Conspiracy to Distribute HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Megan Harpp, 26, of Rutland, was sentenced by U.S. District Court Judge Geoffrey Crawford to 24 months imprisonment. Harpp previously pled guilty to conspiracy to distribute heroin. Judge Crawford also sentenced Harpp to three years of supervised release, which will begin when Harpp is released from jail.
According to Court records, on April 14, 2016, Louis Tobin and Megan Harpp were stopped by the Vermont State Police on Route 103 in Rutland County. Tobin had a bag in the car, which contained approximately 2,050 bags of heroin. Tobin also possessed about 37 bags of heroin on his person along with $1,735 in cash. Both Tobin and Harpp were returning from Chicopee, Massachusetts, where they purchased the heroin. They had intended to return to the Rutland area, where they would sell the heroin. Both Harpp and Tobin were arrested and indicted for conspiracy to distribute heroin by the federal grand jury sitting in Rutland. Louis Tobin, formally of both Rutland and Bennington, Vermont, was previously sentenced by U.S. District Court Judge Geoffrey Crawford to 48 months imprisonment.
After Harpp’s arrest in April 2016, she was released on conditions pending trial but failed to appear at a subsequent proceeding. Harpp was a fugitive for more than a year before she was arrested in the New York City area in December 2017.
This case was investigated by the Vermont State Police Drug Task Force and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joseph Perella. Megan Harpp is represented by Steven Barth of the Federal Public Defenders Office. Tobin was represented by Michael Shklar, Esq., of Newport, Vermont.
Rockford Insurance Executive Sentenced to More Than 4 Years in Federal Prison for Defrauding ClientsRead the Press Release
ROCKFORD — A Rockford man was sentenced today by U.S. District Judge Frederick J. Kapala for mail fraud.
TODD J. FENDLER, 42, was sentenced to 50 months in federal prison, to be followed by three years of supervised release, in addition to being ordered to pay $965,879.63 in restitution.
Fendler, who pleaded guilty to the charge on Jan. 17, 2018, was a licensed insurance producer who owned and operated several insurance-related businesses in Rockford, including Surplus Market Solutions LLC, Northern Underwriting Managers Inc., Northern Illinois Insurance Billing Services, and Northern Illinois Insurance Agency Inc.
The sentencing was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Craig Goldberg, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago. The government was represented by Assistant U.S. Attorneys John G. McKenzie and Scott R. Paccagnini.
According to a written plea agreement, Fendler obtained bank account information from businesses and individuals who had applied for insurance policies through Fendler’s companies. Using the victims’ bank account information, without authorization, Fendler used on-line services to create fictitious electronic checks purportedly issued by the victims and payable to Fender’s companies. Fendler deposited those fictitious checks into bank accounts he controlled and then kept those funds for his own purposes. Fendler also made unauthorized electronic withdrawals from his clients’ bank accounts and the bank accounts of insurance agents and agencies that Fendler did business with, and then kept those funds for his own purposes.
Recidivist Fraudster Pleads Guilty for the Third Time to Securities Fraud, Sent to Jail by JudgeRead the Press Release
PHILADELPHIA – U.S. Attorney William M. McSwain announced that Howard M. Appel, 57, of Wayne, Pennsylvania, pled guilty today to one count of conspiracy to commit securities fraud. Following his plea of guilty, Appel was ordered detained by U.S. District Judge Paul S. Diamond
“This habitual fraudster manipulated the markets to further his own self-interest,” said U.S. Attorney McSwain. “Today, thanks to the hard work and diligence of the FBI, the Securities and Exchange Commission’s New York Office, and our Office, the defendant’s crimes landed him in jail, which is where he belongs.”
As part of his guilty plea, Appel admitted that after his release from prison following two prior securities-fraud related convictions, he participated in a new securities fraud scheme involving publicly traded companies, including Virtual Piggy, Inc. (ticker symbol “VPIG”), and Red Mountain Resources, Inc. (ticker symbol “RDMP”). Appel acquired title to the shares in the names of nominees in order to hide his ownership block from investors and made between $3,000,000 and $4,000,000 from his scheme by artificially inflating the share price by, among other things, engaging in coordinated buying and selling with co-conspirators. Appel also admitted that he traded on inside information that he obtained as a result of his “consulting” work for the companies, including the status of the companies’ efforts to get listed on NASDAQ.
Sentencing is scheduled for November 26, 2018. Appel faces a maximum sentence of 5 years’ incarceration, a three-year period of supervised release, a fine of $250,000 or twice the gross gain or loss, whichever is greatest, and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Michael S. Lowe. The parallel civil enforcement proceeding was filed by the Securities and Exchange Commission’s New York Regional Office, under the direction of Mark P. Berger.
Rapid City Man Sentenced for Theft of Federal FundsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Theft from Program Receiving Federal Funds was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kevin S. Lewis, age 56, was sentenced on August 14, 2018, to 1 year in federal prison, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution to Dakota Plains Legal Services.
Dakota Plains Legal Services (DPLS) is a non-profit organization providing legal representation to qualifying individuals in numerous counties in South Dakota. DPLS is a federally funded organization and annually receives over one million dollars of funds in grants from the Legal Services Corporation (LSC), an agency of the United States.
Lewis was charged on September 19, 2017. The charge related to Lewis, while employed as the managing attorney for the Pine Ridge DPLS office, embezzling $24,857.75 rightfully belonging to DPLS and using the money for his own benefit.
U.S. Attorney Ron Parsons stated, “This defendant was placed in a position of public trust. He broke that trust by stealing money from a program intended to serve those in need. This sentence sends a message to others who might think stealing from a federal program is an easy way for some fast cash. Instead, it is a sure-fire way to spend some time in federal prison.”
This case was investigated by the LSC Office of Inspector General. Jeffrey E. Schanz, Inspector General of the LSC, stated, “We hope the prosecution of Kevin Lewis offers a strong deterrent to others contemplating stealing LSC funds that are intended to provide much needed legal services to an underprivileged population. We appreciate the leadership offered by the U.S. Attorney’s Office for the District of South Dakota in prosecuting individuals who steal funds meant to serve the civil legal needs of the poor in our country.”
Assistant U.S. Attorney Benjamin Patterson prosecuted the case. Lewis was immediately turned over to the custody of the U.S. Marshals Service.
Post Acute Medical Agrees to Pay More Than $13 Million to Settle Allegations of Kickbacks and Improper Physician RelationshipsRead the Press Release
Post Acute Medical, LLC, a Pennsylvania-based operator of long‑term care and rehabilitation hospitals across the country, and certain affiliated entities through which the company operates its facilities (collectively, “PAM”), have agreed to pay the United States, Texas, and Louisiana a total of $13,168,000 to resolve claims that they violated the False Claims Act, and the Texas and Louisiana false claims statutes, by knowingly submitting claims to the Medicare and Medicaid programs that resulted from violations of the Anti‑Kickback Statute and the Physician Self‑Referral Law, the Justice Department announced today.
The Anti-Kickback Statute, in relevant part, prohibits offering or paying anything of value to encourage the referral, or to encourage recommending or arranging for the referral, of items or services covered by Medicare, Medicaid, and other federally funded programs. The Physician Self‑Referral Law, commonly known as the Stark Law, prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has an improper financial relationship. Both the Anti-Kickback Statute and the Stark Law are intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient.
Since it was founded in 2006, PAM entered into numerous physician-services contracts on behalf of its hospitals. Although the purpose of these contracts was ostensibly to retain physicians as medical directors or in other administrative or medical roles, the United States alleged that in reality the company’s payments under these contracts were intended to induce the physicians to refer patients to PAM’s facilities. The company allegedly violated the AKS further by entering into what it called “reciprocal referral relationships” with unaffiliated healthcare providers such as home health companies. In the course of those arrangements, PAM allegedly referred patients to those other providers with the understanding that those providers would refer other patients to PAM’s facilities.
“Kickbacks undermine the independence of physician and patient decision-making, and raise healthcare costs,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs.”
“Medicare and Medicaid beneficiaries depend on their healthcare providers to make decisions based on sound medical judgment,” said U.S. Attorney David J. Freed. “Our office will take decisive action to address allegations that medical providers are paying or receiving improper financial benefits that could influence medical decision-making.”
“PAM’s alleged kickbacks and improper physician relationships threatened the impartiality of medical decision-making and the financial integrity of Medicare and Medicaid,” said Special Agent in Charge C.J. Porter for the U.S. Department of Health and Human Services Office of Inspector General. “Our agency will continue to investigate companies who step over the line to maximize their profits at the expense of federal health care programs.”
PAM’s conduct allegedly resulted in false claims to Medicare as well as certain Medicaid programs. The latter are jointly funded by both the federal and state governments. Under the settlement, PAM will pay $13,031,502 to the United States, $114,016 to Texas, and $22,482 to Louisiana.
The settlement resolves allegations originally brought by Douglas Johnson in a lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private parties to bring suit on behalf of the federal government and to share in any recovery. The whistleblower will receive $2,345,670 as his share of the federal government’s recovery in this case.
In addition to resolving its False Claims Act liability, PAM has entered into a five-year Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General which includes, among other compliance obligations, an arrangements review to be conducted by an Independent Review Organization.
This matter was handled on behalf of the government by the Justice Department’s Civil Division, the U.S. Attorney’s Offices for the Middle District of Pennsylvania and Southern District of Texas, and the Department of Health and Human Services Office of the Inspector General.
The case is captioned United States ex rel. Johnson v. Post Acute Medical, LLC et al., Civil Action No. 17-cv-1269 (M.D. Pa.). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Pittsburgher Charged with Aiding or Assisting in the Preparation of False Income Tax Returns for OthersRead the Press Release
PITTSBURGH, PA – A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of aiding or assisting in the preparation or filing of false federal income tax returns, United States Attorney Scott W. Brady announced today.
The five-count indictment, returned on August 14, named James H. Grant, 31, of Pittsburgh, as the sole defendant.
According to the indictment, Grant filed false federal income tax returns for other persons that included false Schedule C information, and which requested a false refund for the tax filer.
The law provides for a total sentence of three years imprisonment for each count, a fine of $250,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Man Charged with Filing False Income Tax Returns for OthersRead the Press Release
PITTSBURGH, PA – A resident of Allegheny County, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of aiding or assisting in the preparation or filing of false federal income tax returns, United States Attorney Scott W. Brady announced today.
The five-count indictment, returned on August 14, named Eduardo Cardona, 38, of Pittsburgh, as the sole defendant.
According to the indictment, Cardona filed false federal income tax returns for other persons that included false Schedule C information, and which requested a false refund for the tax filer.
The law provides for a total sentence of three years imprisonment for each count, a fine of $250,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service - Criminal Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pittsburgh Man Charged with Defrauding Social SecurityRead the Press Release
PITTSBURGH, PA – A Pittsburgh resident has been indicted by a federal grand jury in Pittsburgh on a charge of theft of government funds, United States Attorney Scott W. Brady announced today.
The one-count indictment, returned on August 14, named Louis A. Impell, age 55, Pittsburgh, PA, as the sole defendant.
According to the indictment, during the period from August 2009 through June 2018, Impell received and converted approximately $72,186.78 in Supplemental Security Income benefits to which he knew he was not entitled. Impell failed to disclose income to the Social Security Administration (SSA) while receiving benefits from the SSA.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
The Social Security Administration, Office of Inspector General, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pine Ridge Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Bishop Cottier, age 29, was sentenced on August 14, 2018, to 41 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cottier was indicted by a federal grand jury in November 2017. The charge related to Cottier finding the victim roadside and then sexually abusing her at his home. Prior to Cottier finding the victim, she had been in a car accident and had injured her leg.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Cottier was immediately turned over to the custody of the U.S. Marshals Service.
Pair of Florida Residents Sentenced for Southwest Virginia Gas Pump Skimmer ScamRead the Press Release
Abingdon, VIRGINIA – A pair of Florida residents, who for nearly eight months used electronic devices to illegally skim credit card numbers from gas station customers throughout Southwest Virginia and North Carolina, were sentenced Monday in U.S. District Court on a pair of federal charges, United States Attorney Thomas T. Cullen announced.
Yunior Manuel Torres-Blanco, 25, of Hialeah, Fla., was sentenced earlier this week to 42 months in prison. Ynaisel Garcia, 22, also of Hialeah, was sentenced to 36 months in prison. Both defendants previously pleaded guilty to one count each of aggravated identity theft and one count of credit card fraud. In addition, Garcia previously pleaded guilty to four counts filed in the Middle District of North Carolina – conspiracy to commit access device fraud and three counts of access device fraud.
“These defendants stole the identities of hard-working Virginians and caused tens of thousands of dollars in financial loss,” United States Attorney Cullen stated today. “I am grateful for the hard work of the Roanoke County Police Department and the Secret Service in bringing them to justice.”
Investigators determined that between December 2016 and August 2017, Torres-Blanco and Garcia placed credit card skimmers on various gas pumps throughout Southwest Virginia and North Carolina, and captured the credit card information of customers who purchased gasoline. As part of the scheme, the defendants retrieved the stolen credit card information from the skimmers, created new cards using the stolen numbers, and used the cards to purchase gift cards, services, and merchandise.
In August 2017, a detective with the Roanoke County Police Department recognized a vehicle with Florida plates traveling in Botetourt County as one similar to a vehicle suspected of being involved in a gas pump credit card skimming scheme. It was soon determined that Torres-Blanco and Garcia were inside the vehicle. When approached by law enforcement for a traffic stop, Garcia attempted to elude law enforcement and Torres-Blanco threw items, later identified as gift cards, from the window. Once they stopped the vehicle and were able to search it, investigators found two credit card skimmers, a laptop computer, 68 unopened gift cards, 86 credit cards, of which 83 had been re-coded with stolen credit card information, a new 55-inch television and a new 65-inch television. In all, Torres-Blanco and Garcia obtained more than $40,000 in merchandise, gift cards and services.
The investigation of the case was conducted by the Roanoke County Police Department and the United States Secret Service. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States. Assistant United States Attorney JoAnna G. McFadden prosecuted Ms. Garcia on the four counts brought in the Middle District of North Carolina.
Owners of Peabody Pizza Shop Sentenced for Federal Tax ChargesRead the Press Release
BOSTON – The current and former owners of Giovanni’s Roast Beef & Pizza in Peabody were sentenced today in federal court in Boston in connection with skimming cash receipts from Giovanni’s and failing to report the cash on their tax returns, thereby avoiding the payment of about $550,000 in taxes.
William Panousos, 67; his wife, Theodora Panousos, 65; and their son, Konstantinos Panousos, 39, were each sentenced by U.S. Senior District Court Judge Douglas P. Woodlock to three years of probation, with the first 18 months confined to the City of Peabody, and ordered to pay a fine of $150,000. The Judge also ordered join and several restitution of $549,883 to the IRS. In November 2017, the all three defendants pleaded guilty to one count of conspiracy to defraud the United States. William Panousos also pleaded guilty to three counts of aiding and assisting in filing false corporate and individual tax returns; Theodora pleaded guilty to four counts; and Konstantinos pleaded guilty to two counts.
During tax years 2013 through 2015, the Panousos’ skimmed approximately $2.8 million in cash receipts from Giovanni’s and did not deposit them into the business’ bank account or report them to their tax preparer. They diverted about $1.5 million of those cash receipts to their own personal use. They used the rest of the skimmed cash to pay some of the business’ expenses, including a portion of payments to suppliers and a portion of employees’ salaries. In addition, the defendants failed to report those cash expenses on their tax returns.
United States Attorney Andrew E. Lelling and Kristina O’Connell, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney Mark J. Balthazard of Lelling’s Economic Crimes Unit prosecuted the case.
Ohio Man Participated in Counterfeit Check Scheme Targeting East Coast CasinosRead the Press Release
PITTSBURGH, PA – An Ohio resident pleaded guilty in federal court to charge of conspiracy, United States Attorney Scott W. Brady announced today.
Karim Abdullah Wiley, 40, of Columbus, 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 May 2014 through February 2017, Karim Abdullah Wiley and others negotiated counterfeit checks at gaming casinos along the east coast from Florida to New York, using false identification documents produced with the names of real persons to negotiate the counterfeit checks. Some of those checks were negotiated at the River’s Casino in Pittsburgh. Fraud losses total several hundred thousand dollars
Judge Fischer scheduled the sentencing for January 4, 2019 at 11 a.m. The law provides for a maximum sentence for conspiracy is five years in prison, a fine of $250,000 and three years supervised release. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
Agents from Homeland Security Investigations and the Pennsylvania State Police conducted the investigation that led to the prosecution of Karim Abdullah Wiley.
Ohio Man Charged with Possessing HeroinRead the Press Release
PITTSBURGH, PA – A resident of Columbus, Ohio, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on a charge of violating the federal narcotics laws, United States Attorney Scott W. Brady announced today.
The one-count indictment named Evan Jones, age 27, as the sole defendant.
According to the indictment, on or about July 26, 2018, Jones possessed with intent to distribute heroin.
The law provides for a maximum total sentence of not more than 30 years in prison, a fine of $2,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Ocean County Man Admits Distributing Images of Child Sexual AbuseRead the Press Release
TRENTON, N.J. – A Toms River man today admitted distributing images of child sexual abuse over a social media application, U.S. Attorney Craig Carpenito announced.
David Nelson, 44, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with distribution of child pornography.
According to documents filed in this case and statements made in court:
As a result of an investigation conducted by the FBI Louisville, Kentucky, field office, law enforcement officers arrested an individual after he offered to broadcast the sexual abuse of his daughter over Kik Messenger to an undercover officer. A search of his cell phone revealed chat group communications between that individual and another Kik user operating under the user name “candicesloan1995,” which was later revealed to be Nelson. Nelson was arrested April 9, 2018.
Nelson admitted today that between Oct. 24, 2017 and Oct. 26, 2017, he used his Kik account under the user name “candicesloan1995” to transmit at least 26 images of child pornography to another Kik user. Nelson also admitted that he was an administrator of multiple Kik chat rooms in which child pornography was shared and discussed.
The distribution charge carries a minimum penalty of five years in prison, a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Nov. 19, 2018.
U.S. Attorney Carpenito credited FBI special agents of the Franklin Township Resident Agency, under the direction of Special Agent in Charge Gregory Ehrie in Newark, FBI special agents under the direction of Special Agent in Charge Amy S. Hess in Louisville, and FBI special agents under the direction of Special Agent in Charge Timothy Slater in Detroit, with the investigation. He also thanked the Toms River Police Department, under the direction of Chief of Police Mitchell A. Little, for its assistance.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Andrea D. Bergman Esq., Assistant Federal Public Defender, Trenton
North Carolina Man Pleads Guilty to Traveling to Engage in Sexual Conduct with a MinorRead the Press Release
Baltimore, Maryland – Travis Wilmoth, age 31, of Fayetteville, North Carolina pleaded guilty today to travel with intent to engage in illicit sexual conduct with a minor. Wilmoth admitted that he traveled from North Carolina to Maryland to engage in sexually explicit conduct with a 15-year-old girl.
The guilty plea was announced by United States Attorney for the District of Maryland Robert K. Hur and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, on March 2, 2018, the FBI received a telephone call from the mother of a 15-year-old minor female who had recently discovered that Wilmoth had been using social media to chat online with her daughter since November 2017, and those conversations had become sexual in February 2018. With the permission of the girl and her mother, FBI agents took control of the girl’s account and communicated with Wilmoth posing as the minor female. During the ensuing chats, Wilmoth repeatedly asked the girl to take “naughty” pictures and send them to him. On March 14, 2108, Wilmoth discussed traveling to Maryland to visit the girl and engaging in sexual acts with her. Between March 7 and April 11, 2018, Wilmoth sent the girl sexually explicit images and videos of himself. On May 11, 2018, Wilmoth drove from North Carolina to Maryland to meet with the girl with the intent to engage in sexual activity. The FBI agent posing as the girl had provided Wilmoth with an address in an apartment complex in Baltimore County, Maryland. Wilmoth arrived at that location with condoms he had previously purchased and was arrested as he approached the front door.
As part of his plea agreement, Wilmoth must register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Wilmoth and the government have agreed that if the Court accepts the plea agreement, Wilmoth will be sentenced to nine years in prison followed by 25 years of supervised release. U.S. District Judge George L. Russell, III has scheduled sentencing for December 7, 2018 at 12:00 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
United States Attorney Robert K. Hur commended the FBI for its work in the investigation. Mr. Hur thanked Assistant U.S. Attorney Sandra Wilkinson, who is prosecuting the federal case.
Nine Previously Deported Aliens Indicted after Traffic Stop in St. Louis CountyRead the Press Release
An August 2nd traffic stop on Interstate 44 in southwest St. Louis County has led to the indictment of nine previously deported aliens who are alleged to have taken part in an alien smuggling scheme.
Rene Flores-Calderon, age, 34, is alleged to have smuggled eight previously deported aliens into St. Louis County before being discovered during a traffic stop on Interstate 44 in the southwestern part of St. Louis County. Flores-Calderon is also alleged himself to have illegally re-entered the United States after being deported from Del Rio, Texas in 2016 to Mexico.
The eight other previously deported aliens Flores-Calderon is alleged to have smuggled and who are each alleged to have illegally re-entered the United States after deportation are:
- Eladio Velasquez-Velasquez, age 24, who is alleged to have been previously deported from Calexico, California earlier in 2018 to Mexico.
- Elias Velasquez-Vleasquez, age 30, who is alleged to have been previously deported from Brownsville, Texas in 2009 to Mexico.
- Enrique Sebastian Cedillo-Santiago, age 24, who is alleged to have been previously deported from Brownsville, Texas in 2017 to Guatemala.
- Mynor Lucas Galvez-Galvez, age 28, who is alleged to have been previously deported from Phoenix, Arizona in 2015 to Guatemala.
- Jose David Hernandez-Salazar, age 34, who is alleged to have been previously deported from Chandler, Arizona in 2007 to Honduras.
- Aaron Danilo Rivera-Urbina, age 29, who is alleged to have been previously deported from Phoeniz, Arizona in 2016 to Honduras.
- Carlos Joel Perez-Merino, age 32, who is alleged to have been previously deported from Phoenix, Arizona earlier in 2018 to El Salvador.
- Jose Danilo Balan-Boc, age 21, who is alleged to have been previously deported earlier in 2018 to Guatemala.
All nine defendants named in the Indictment have been in Immigration custody since being discovered on August 2nd. They will remain in custody until the conclusion of their criminal cases.
Flores-Calderon, the alleged smuggler, faces a term of imprisonment of up to 10 years for each of eight alien smuggling charges and an additional ten years on his unlawful re-entry charge.
Because of his prior criminal convictions, Rivera-Urbina faces up to twenty years imprisonment for unlawful re-entry.
Title 8 United States Code Section 1326 sets out enhanced penalty ranges for those convicted of unlawful re-entry with prior criminal convictions.
The seven remaining defendants face a term of imprisonment of up to 2 years on the charges of unlawful re-entry.
If convicted, all nine defendants also face removal from the United States after completing a term of imprisonment.
“Human smugglers are driven by greed and demonstrate a total disregard for our laws and for human life,” said James M. Gibbons, special agent in charge of Homeland Security Investigations Chicago. “HSI will continue to enforce the laws these criminals attempt to skirt, in our commitment to pursue those that exploit and endanger the people they smuggle into our country.”
This case was investigated by the United States Department of Homeland Security – Immigration and Customs Enforcement with assistance from the Missouri Highway Patrol, the St. Louis County Police Department, the Eureka Police Department and the Pacific Police Department.
- Eladio Velasquez-Velasquez, age 24, who is alleged to have been previously deported from Calexico, California earlier in 2018 to Mexico.
Nigerian Couple Sentenced to Probation for Conspiring to Commit Marriage Fraud for an Immigration BenefitRead the Press Release
PITTSBURGH, Pa. - Following pleas of guilty, two Nigerian citizens were sentenced in federal court to probation of one year on their convictions of conspiracy to commit marriage fraud for an immigration benefit, United States Attorney Scott W. Brady announced today.
United States District Judge Donetta W. Ambrose imposed the sentence on Adediran Bamgbose, age 38, and Temitope Elemosho, age 36, Pittsburgh, PA.
According to information presented to the court, Elemosho, a Nigerian citizen, conspired with Bamgbose, the father of her three children, also a Nigerian citizen, to give money to a citizen of the United States so that the United States citizen would enter into a sham marriage with her. Elemosho entered into the sham marriage with the United States citizen so that she could obtain legal permanent residency based upon the marriage. Bamgbose accepted responsibility for aiding and abetting marriage fraud. Elemosho accepted responsibility for entering into the sham marriage with the United States citizen and filing false documents with the United States Citizenship and Immigration Services.
Assistant United States Attorney Mary McKeen Houghton prosecuted this case on behalf of the government.
The United States Immigration and Customs Enforcement, Homeland Security Investigations, conducted the investigation that led to the prosecution in this case.
New York Man Admits Robbing, Attempting to Burglarize Four New Jersey BanksRead the Press Release
TRENTON, N.J. – A Manhattan man today admitted robbing banks in Jackson Township, Fort Lee, and Hasbrouck Heights, as well as attempting to burglarize a fourth bank in Englewood between December 2013 and February 2017, U.S. Attorney Craig Carpenito announced.
Eddy Cruz, 42, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with three counts of bank robbery and one count of attempted bank burglary.
According to documents filed in this case and statements made in court:
On Dec. 24, 2013, Cruz entered a PNC Bank in Jackson Township and handed a bank teller a note demanding money. After the teller handed him some cash, Cruz fled the scene. Cruz also robbed a TD Bank in Fort Lee on Feb. 13, 2017 and a TD Bank in Hasbrouck Heights on Feb. 18, 2017. During both robberies, Cruz wore a mask to disguise his identity and handed the tellers notes demanding cash.
On Feb. 24, 2017, law enforcement officers tracked Cruz’s car, which had been spotted at one of the earlier bank robberies, to a location in Manhattan. That same day, Cruz drove to yet another TD Bank in Englewood where he was apprehended moments before he robbed the bank in a similar disguise to what he wore during the previous two bank robberies.
The bank robbery and attempted bank burglary counts each carry a maximum potential penalty of up to 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Nov. 27, 2018.
U.S. Attorney Carpenito credited special agents with the FBI, under the direction of Special Agent in Charge Gregory Ehrie in Newark and Special Agent in Charge John Brosnan in New York; the Bergen County Prosecutor’s Office, under the direction of Acting Prosecutor Dennis Calo; the Fort Lee Police Department, under the direction of Chief Keith M. Bendul; the Hasbrouck Heights Police Department, under the direction of Chief Michael J. Colaneri; the Roxbury Police Department, under the direction of Chief Marc Palanchi; the Paramus Police Department, under the direction of Chief Kenneth Ehrenberg; and the Jackson Township Police Department, under the direction of Chief Matthew Kunz, with the investigation leading to today’s guilty plea. He also thanked the Greenburgh, New York, Mount Pleasant, New York, and Yonkers, New York, police departments, as well as the New York Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the U.S. Attorney’s Office Criminal Division in Newark
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Defense counsel: Linda Foster Esq., Assistant Federal Public Defender, Newark
New Orleans Man Pleads Guilty to Possession with Intent to Distribute CocaineRead the Press Release
U.S. Attorney Duane A. Evans announced that JAYVONNE JOHNSON, age 49, a resident of New Orleans, pleaded guilty today to possession with intent to distribute more than 500 grams of cocaine hydrochloride, in violation of 21 U.S.C. '' 841(a)(1) and (b)(1)(B).
According to court documents, JOHNSON was in possession of more than 1.3 kilograms of cocaine hydrochloride (powder cocaine) when he disembarked an Amtrak train in New Orleans on June 25, 2017.
JOHNSON faces a minimum sentence of five years imprisonment and up to 40 years imprisonment, followed by at least four years of supervised release. JOHNSON also faces a fine of up to $5,000,000 and a mandatory $100 special assessment. U.S. District Judge Carl J. Barbier will sentence JOHNSON on November 1, 2018.
U.S. Attorney Evans praised the work of the United States Drug Enforcement Administration, the Amtrak Police Department, and the Louisiana State Police Department in investigating this matter. Assistant United States Attorneys Sharon Smith and Brandon Long are in charge of the prosecution.
Myrtle Beach Man Indicted by Federal Grand Jury in Connection with Suspected Opioid OverdosesRead the Press Release
James Latron Sumter, a/k/a “T”, age 35, of Myrtle Beach, South Carolina, has been charged with conspiracy to possess with intent to distribute cocaine and heroin, the use of which resulted in serious bodily injury or death, in violation of Title 21, United States Code, Sections 846 and 841(b)(1)(C). This charge carries a mandatory sentence of imprisonment of 20 years to life if Sumter is convicted. The case is being investigated by the Federal Bureau of Investigation and the Drug Enforcement Administration, and is assigned to Assistant United States Attorney Everett McMillian of the Florence office for prosecution.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Monongalia County woman appears on child pornography chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Tara Ponceroff, of Morgantown, West Virginia, had an initial appearance today to face multiple child pornography charges, United States Attorney Bill Powell announced.
Ponceroff, age 26, was indicted by a federal grand jury sitting in Wheeling on Monday, August 6, 2018, of one count of “Production of Child Pornography,” one count of “Aiding and Abetting Production of Child Pornography,” and two counts of “Transportation of Child Pornography.” Ponceroff is accused of producing and distributing child pornography involving two children from November 2017 to January 2018 in Monongalia County.
Ponceroff faces up to 30 years incarceration and a fine of up to $250,000 for each of the production and aiding counts. She faces up to 20 years and a fine of up to $250,000 for each of the transportation counts. 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.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Monongalia County man admits to drug and firearms chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Isaiah Davis, of Morgantown, West Virginia, has admitted to drug and firearms charges, United States Attorney Bill Powell announced.
Davis, age 26, pled guilty to one count of “Possession with Intent to Distribute Cocaine Hydrochloride” and one count of “Use of a Firearm During and in Relation to a Drug Offense.” Davis admitted to possessing and distributing cocaine in Monongalia County in October 2017. Davis, who was previously convicted of a felony, also admitted to having a .40 caliber pistol, which used during a drug offense, in January of 2018 in Monongalia County.
Davis faces up to 20 years incarceration and a fine of up to $1,000,000 for the drug count. He faces not less than five years incarceration and a fine of up to $250,000 for the firearm count. 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.
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.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Morgantown Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Middlesex County, New Jersey, Man Admits Role in Credit Card Fraud and Aggravated Identity Theft ConspiracyRead the Press Release
TRENTON, N.J. – A North Brunswick, New Jersey, man today admitted his role in a conspiracy to hijack the credit card accounts of multiple victims in order to fraudulently purchase hundreds of thousands of dollars in high-end products, U.S. Attorney Craig Carpenito announced.
Henry Abdul, 31, pleaded guilty before U.S. District Judge Peter G. Sheridan in Trenton federal court to an information charging him with one count of conspiracy to commit bank fraud and one count of aggravated identity theft.
According to documents filed in this case and statements made in court:
Between October 2015 and January 2018, Abdul, Alexus Omowole, 22, also of North Brunswick, and others participated in a conspiracy to obtain control of credit card accounts by, among other things, contacting the relevant financial institution and posing as the account owner in order to change the personal information associated with the customer accounts, including the residential address, email address, and telephone number.Afterwards, members of the conspiracy opened new accounts or ordered replacement cards to be shipped to them without the customers' knowledge or authorization. Abdul’s prior residential address in Newark was used as part of the conspiracy. Afterwards, Abdul, Omowole and others used the compromised credit card accounts to purchase high-value items, including smartphones, tablets, and other electronic devices.
As part of his plea agreement, Abdul admitted that the scheme caused between $250,000 and $550,000 in losses, and involved more than 10 separate victims.
The bank fraud conspiracy charge carries a maximum potential penalty of 30 years in prison and a $1 million fine. The aggravated identity theft charge carries a mandatory sentence of two years in prison, which must run consecutive to any other term of imprisonment imposed. Sentencing is scheduled for Nov. 28, 2018.On May 21, 2018, Omowole pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft. She is scheduled to be sentenced on Sept.10, 2018.
U.S. Attorney Carpenito credited postal inspectors with the U.S. Postal Inspection Service under the direction of Acting Inspector in Charge Judy Ramos, and special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Brian Michael, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Nicholas P. Grippo and David M. Eskew, Chief of U.S. Attorney’s Office Health Care and Government Fraud in Newark.
Defense counsel: Patrick McMahon Esq., Assistant Federal Public Defender, Newark
Michigan Woman Charged with Helping Others to File False Income Tax ReturnsRead the Press Release
PITTSBURGH, PA – A resident of Eastpointe, Michigan, has been indicted by a federal grand jury in Pittsburgh on charges of aiding or assisting in the preparation or filing of false federal income tax returns, United States Attorney Scott W. Brady announced today.
The five-count indictment, returned on August 14, named Lakisha K. Pinkney, 42, as the sole defendant.
According to the indictment, Pinkney filed false federal income tax returns for other persons that included false Schedule C information, and which requested a false refund for the tax filer.
The law provides for a total sentence of three years imprisonment for each count, a fine of $250,000.00 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the criminal history, if any, of the defendant.
Assistant United States Attorney Gregory C. Melucci is prosecuting this case on behalf of the government.
The Internal Revenue Service-Criminal Investigation conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
MEDIA ADVISORY-- Public and Education Officials to Hold Press Conference Highlighting State-Wide Distribution of Short Videos to Educate Student Athletes, Parents and Coaches about Dangers of Opioids and AlcoholRead the Press Release
ALBUQUERQUE – New Mexico’s use of opioids, including use by teens and young adults, has become almost epidemic. The most recent New Mexico Youth Risk and Residency Survey (2015) indicates that more than one in ten (14.3%) students in grades 9 to 12 use prescription drugs without a prescription. The Survey also indicates that more than a quarter (26.1%) of students in grades 9 to 12 are current drinkers, with two in ten (20%) having had their first drinks before age 13. Almost the same number (19.7%) rode with a drinking driver.
Public and education officials will meet with the media at 11:15 a.m. on THURSDAY, AUGUST 16, 2018, at the U.S. Attorney’s Office in Albuquerque to discuss “Opioids, Alcohol and Athletes,” a collaborative project of the Bernalillo County Department of Behavioral Health, the New Mexico Activities Association (NMAA), the New Mexico Parent Teachers Association (PTA), and Christopher Productions.
The “Opioids, Alcohol and Athletes” Project consists of seven short videos designed to educate students, especially student athletes, parents and coaches about the dangers associated with opioids and alcohol, which are being distributed by the NMAA and New Mexico PTA to middle and high schools throughout New Mexico. The Albuquerque Public Schools (APS) already has distributed the videos to each high school athletic director. DVDs of the videos will be distributed during the press conference.
WHO:
John C. Anderson, U.S. Attorney, District of New Mexico
Maggie Hart Stebbins, Commissioner, Bernalillo County
Dr. Katrina Hotrum-Lopez, Bernalillo County Dept. of Behavioral Health
Chris Schueler, President, Christopher Productions
Wendy Ford-Licon, President, New Mexico Parent Teachers Association
Susan McKee, Director of Counseling, APS Student, Family & Community Support Division
Jennifer Weiss-Burke, Executive Director, Healing Addiction in our Community (HAC), Serenity Mesa
Lou Duran, Community Advocate, HAC, Serenity Mesa
Tim Sheahan, President & CEO, Boys & Girls Club of Central New Mexico
WHAT:
Press Conference regarding the “Opioids, Alcohol and Athletes” Project
WHEN:
Thursday, August 16, 2018 at 11:15 am
WHERE:
U.S. Attorney’s Office, District of New Mexico
201 Third Street NW
10th Floor Multi-Media Room (Reception on Ninth Floor)
Albuquerque, NM 87102
OPEN PRESS
NOTE: Media representatives must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials. Media representatives may begin to arrive at 10:45 a.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
The New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative is hosting this press conference as part of its prevention and education component. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, HAC, APS and many other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning.
Louisville Man Charged with Dealing Heroin That Resulted in Overdose DeathRead the Press Release
BOWLING GREEN, Ky. – A Louisville, Kentucky man has been charged with possession and distribution of heroin after a Bowling Green woman died of an overdose, announced United States Attorney Russell M. Coleman.
Damone Domonique Bell, age 22, of Bowling Green, was charged in a criminal complaint August 1, 2018 and subsequently charged by federal grand jury indictment on August 15, 2018.
“One pill or single dose of heroin can kill, “stated U.S. Attorney Russell Coleman. “Likewise, if as little as a single pill or dose causes death or an overdose, drug traffickers need be on notice that our office will bring charges carrying a mandatory penalty of twenty years to life in federal prison.”
According to the two-count federal indictment, on July 30, 2018, defendant Bell supplied K.M. and L.C. with heroin. K.M. was found July 30, 2018 by Bowling Green Police Department unresponsive beside a vehicle and efforts to resuscitate were unsuccessful. K.M. was pronounced dead at the Medical Center in Bowling Green. The previously filed Criminal Complaint alleges surveillance video from the gas station in Bowling Green where L.C. and K.M. purchased the heroin, along with text messages and other investigative measures which led police to defendant Bell.
Defendant Bell was arrested during a traffic stop by Kentucky State Police on his way to deliver heroin on July 31, 2018, according to the Criminal Complaint. Troopers searched defendant Bell’s vehicle after detecting the odor of marijuana, and found a small bag of suspected marijuana and two small plastic bags which field-tested positive for the presence of heroin.
If convicted of both offenses at trial, defendant Bell could be sentenced to no less than 20 years and no more than life in prison, fined $2,000,000 and ordered to serve no less than 3 years and up to life of supervised release.
This case is being prosecuted by Assistant United States Attorney Jo E. Lawless in coordination with the Warren County Commonwealth Attorney’s Office, and is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Bowling Green Police Department and the Kentucky State Police.
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
Leader of Large Drug Trafficking Organization, Armed Career Criminal, and Three Members of Large Drug Trafficking Network Plead GuiltyRead the Press Release
United States Attorney Brandon J. Fremin announced today the convictions of five individuals charged in Operation Hidden Fee in connection with an extensive federal, state, and local investigation by the Middle District Organized Crime and Drug Enforcement Task Force (OCDETF) aimed at a drug trafficking network based and operating in Baton Rouge. The Indictment filed in this matter charged significant drug trafficking offenses involving heroin, methamphetamine, and crack cocaine, as well as several firearm offenses.
On July 10, 2018, JAMES C. HULL a.k.a. “Fat Boy,” age 40, of Baton Rouge, Louisiana, appeared before U.S. District Judge John W. deGravelles and pled guilty to conspiracy to distribute and possess with the intent to distribute heroin, methamphetamine, and cocaine base, distribution of methamphetamine and heroin, and four counts of unlawful use of communication facilities. As part of his plea, Hull admitted to being the head of a narcotics distribution ring involving 21 subordinate drug dealers who operated throughout the Baton Rouge area. Hull and the members of his organization acquired and distributed large quantities of methamphetamine, heroin, and crack cocaine throughout Baton Rouge.
On August 15, 2018, each of the following defendants appeared before U.S. District Judge Brian A. Jackson and pled guilty for their roles in the drug trafficking network:
- William W. Lipscomb, age 52, of Baton Rouge, Louisiana, pled guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, methamphetamine, and cocaine base. Lipscomb admitted to using his home as a place for Hull to store and distribute narcotics and to selling narcotics on behalf of Hull. Lipscomb faces a mandatory minimum of five years in federal prison.
- HEATHER R. WEBBER, age 35, of Baton Rouge, Louisiana, pled guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, methamphetamine, and cocaine base. Webber admitted to obtaining and distributing methamphetamine on behalf of Hull during the conspiracy. Webber faces a mandatory minimum of five years in federal prison.
- BRANDON S. KINAMORE, age 41, of Baton Rouge, Louisiana, pled guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, methamphetamine, and cocaine base and one count of possession of a firearm by a convicted felon. Kinamore admitted to obtaining and distributing methamphetamine on behalf of Hull during the conspiracy. Kinamore, a multi-time felon, also admitted to possessing a firearm. Due to his extensive criminal history, Kinamore is classified as an Armed Career Criminal. Kinamore faces a mandatory minimum of ten years for the drug conspiracy charge and faces an additional mandatory minimum penalty of fifteen years in prison for the firearm charge.
- STACY TAYLOR, age 40, of Walker, Louisiana, pled guilty to one count of conspiracy to distribute and possess with intent to distribute heroin, methamphetamine, and cocaine base. Taylor admitted to obtaining and distributing methamphetamine on behalf of Hull during the conspiracy. Taylor faces a mandatory minimum of five years in federal prison.
According to documents filed in connection with the guilty pleas, Hull was the organizer and leader of a drug trafficking organization responsible for the distribution of heroin, methamphetamine, and cocaine base in and around the Baton Rouge area. Lipscomb stored and sold heroin, cocaine base and methamphetamine at Hull’s direction. Webber regularly purchased methamphetamine from Hull and sold methamphetamine to others. Kinamore distributed methamphetamine at Hull’s direction and recruited another to sell methamphetamine for Hull. Taylor obtained methamphetamine from Hull to sell to others.
U.S. Attorney Fremin stated, “Today’s convictions are another step towards our goal of removing lethal drugs and those who traffic in them from our streets. We will continue to use every resource available to dismantle these types of organizations and keep our people safe. They deserve nothing less. I want to thank our prosecutors and federal, state and local law enforcement partners for their outstanding efforts in this very important matter.”
DEA Assistant Special Agent-in-Charge Brad L. Byerley stated, “Our neighborhoods deserve to exist without fear and intimidation inflicted by violent drug trafficking organizations. These indictments should serve as a warning and send a clear message that we will relentlessly pursue violent criminals as well as the drug traffickers plaguing our communities and bring them to justice.”
East Baton Rouge Sheriff Sid Gautreaux stated, “These cases are a result of a lot of hard work by local, state and federal agencies to get drugs and drug dealers off our community streets. These men make money by peddling death to our youth. I’m proud of our agents that have worked so hard and risked so much to make these cases. I'm also grateful to the U.S. Attorney's Office for their hard work and dedication in prosecuting them. We will continue to aggressively work to eradicate these types of enterprises from our community.”
The investigation is yet another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program, which was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
These ongoing investigations were led by the Drug Enforcement Administration with invaluable assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the East Baton Rouge Parish Sheriff’s Office, the Baton Rouge City Police Department, and the Louisiana State Police. Other agencies also assisted in apprehending the defendants, including the U.S. Marshal’s Service, and the Sheriffs’ Offices in Ascension, Iberville, and West Baton Rouge Parishes.
These cases are being prosecuted by Assistant U.S. Attorneys Robert Piedrahita and Cal Leipold.
Lawrence Man Arrested for Distributing FentanylRead the Press Release
BOSTON – A Lawrence man was arrested yesterday and charged in federal court in Boston with distributing fentanyl.
Luis Pimentel, 29, was charged with one count of distribution of 40 grams or more of fentanyl. Pimentel appeared in federal court yesterday and was ordered detained pending a detention hearing.
According to the complaint unsealed yesterday, in May 2018, federal agents identified Pimentel as a fentanyl distributor in the Lawrence area. During the course of this investigation, agents seized over 160 grams of fentanyl from the defendant.
The charge of distribution of 40 grams or more of fentanyl carries a minimum mandatory sentence of five years and up to 40 years in prison, at least four years of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Andrew Lelling and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration’s New England Division, made the announcement. Assistant U.S. Attorney Philip C. Cheng of Lelling’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lanier County Felon Sentenced for Manufacturing MethamphetamineRead the Press Release
VALDOSTA: Charles E. Peeler, United States Attorney for the Middle District of Georgia, announces that on August 15, 2018, Wallace H. “Wally” Hendley, age 55, of Lakeland, Georgia, was sentenced to 65 months in federal prison for Manufacture of Methamphetamine before Senior U.S. District Judge Hugh Lawson in Valdosta.
At his plea hearing, Mr. Hendley admitted that a search warrant was executed at his home on March 30, 2017. The search warrant was related to a Lanier County Sheriff’s Office (LCSO) investigation that the property was being used to manufacture and sell methamphetamine. In the kitchen, officers found items used to produce methamphetamine. A pickle jar filled with a clear liquid with white particles was also found, and the liquid tested positive for methamphetamine. Officers also found a loaded Remington, model 597, semi-automatic rifle in a bedroom.
On April 7, 2017, Mr. Hendley was taken into custody, waived his Miranda rights, and gave a recorded statement. Mr. Hendley stated that he lived alone and everything in the house belonged to him. Mr. Hendley admitted to intentionally manufacturing methamphetamine.
“People who manufacture methamphetamine are producing poison,” said United States Attorney Charles E. Peeler. “I appreciate the efforts of the Lanier County Sheriff’s Office and the FBI to halt the further production of such poison and to send Mr. Hendley to federal prison.”
The case was investigated by the Lanier County Sheriff’s Office and the Federal Bureau of Investigation. Assistant United States Attorney Sonja Profit is prosecuting the case for the United States.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Kirkland, Washington Tax Defier Convicted of Two Decade Scheme to Avoid Paying Income TaxesRead the Press Release
The owner of a Kirkland, Washington interior design business was convicted August 10, 2018 in U.S. District Court in Seattle of 25 counts related to a nearly twenty-year scheme to avoid paying more than $560,000 in income taxes, announced U.S. Attorney Annette L. Hayes. Following a four-day jury trial DANIEL NIX, 58, was convicted of thirteen counts of tax evasion, eleven counts of providing fictitious financial obligations, and one count of corrupt interference with the administration of the Internal Revenue Code. The jury deliberated for a day. U.S. District Judge Robert S. Lasnik scheduled sentencing for November 9, 2018.
According to the indictment and testimony at trial, NIX operates Dannix Design, an interior design firm for medical offices. As early as 1998 and from 2000 to 2013, NIX refused to pay his taxes on $3.9 million in gross income, and $1.9 million in net profit. NIX sought to avoid more than $560,000 in federal income and self-employment taxes by setting up shell companies to hide his income and assets, by filing false bankruptcy claims, and by filing false claims against the government. For tax years 2010-2013, NIX continued to use a variety of strategies to hide his income and avoid any tax assessments. He set up sham religious entities and transferred assets into the names of those sham religious entities, in order to frustrate IRS efforts to put liens on his assets.
NIX enjoyed a lavish lifestyle with the proceeds of his crime. He owns a Kirkland home assessed for more than $1 million. He bought and owned at least 16 luxury vehicles over the years, including a Porsche, a Jaguar, a BMW, a Ford F-150, multiple Mercedes-Benz, Harley Davidsons, and other imported motorcycles.
In February 2013, NIX sent eleven fake money orders to the IRS to make it appear he was paying his tax obligations. The total face value of the eleven fake money orders exceeded a million dollars. On several occasions, NIX harassed IRS and Department of Revenue agents, filing fraudulent liens against them. He also called other unrelated individuals who were subject to IRS liens and falsely claimed the liens filed by the government were invalid.
The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI). The case is being prosecuted by Assistant United States Attorney Seungjae Lee and Mark Parrent.
KCK Man Charged with Stealing Dozens of Firearms from Independence Gun StoreRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Kan., man was charged in federal court today with stealing dozens of firearms from an Independence, Mo., gun store.
Keyon D. Johnson, 21, was charged in a criminal complaint filed in the U.S. District Court in Kansas City, Mo., with one count of stealing firearms from a federal licensee and one count of transporting stolen firearms across state lines. Johnson remains in federal custody pending a detention hearing on Aug. 20, 2018.
According to an affidavit filed in support of the criminal complaint, Johnson stole 64 firearms from Armory KC, 10531 E. US 40 Hwy. in Independence. The firearms were stolen during a break-in at the business that occurred about 1:50 a.m. on Thursday, Aug. 9, 2018.
The store’s video surveillance shows a group of thieves smashing out the glass on the front door of the business, the affidavit says, then attaching a chain to the front door of the business and to the rear of a pickup truck in order to rip the door off. The thieves entered the store and used hammers to break the glass on the display cases, then placed the firearms in bags.
A cooperating source identified Johnson as one of the thieves, according to the affidavit. On Monday, Aug. 13, 2018, investigators located a vehicle connected to the theft and attempted to conduct a traffic stop in the area of 27th Street and Parallel Parkway. The vehicle fled the area and was later found parked in a driveway. An officer saw two persons flee the area on foot and run into a wooded area. Additional officers responded to the area to assist and located Johnson, who was placed under arrest.
Officers located a Glock 9mm handgun laying near where Johnson was arrested. It was determined that the firearm had been among those stolen from Armory KC. Investigators searched Johnson’s apartment and found eight additional firearms, all of which had been stolen during the Aug. 9, 2018, burglary of Armory KC.
The charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Alison Dunning. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the ATF-KCPD Illegal Firearms Squad and the Kansas City, Kan., Police Department.
KC Man Sentenced to 40 Years in Prison for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Mo., man was sentenced in federal court today for his role in a meth-trafficking conspiracy.
Marcell Shavers, 27, of Kansas City, was sentenced by U.S. Chief District Judge Greg Kays to 40 years in federal prison without parole.
On March 1, 2018, Shavers was convicted by a trial jury of participating in a conspiracy to possess methamphetamine with the intent to distribute.
On Jan. 1, 2014, Kansas City, Mo., police officers responded to a reported shooting. Upon arrival, they discovered the body of Jose Medellin, who had been fatally shot. They also found several shell casings at the scene as well as two plastic bags containing more than 55 grams of methamphetamine in Medellin’s possession.
The person who reported the shooting had gone to Discount Smokes on Independence Avenue to obtain some cigarettes. While at the store, he was approached by co-defendant James P. Roberts, 27, of Kansas City, Mo., who asked about obtaining methamphetamine. He replied that he knew a source and would set up a meeting.
The witness contacted Medellin, then picked up Roberts at Discount Smokes and they drove to Medellin’s apartment building. He told Medellin that Roberts wanted to buy $1,000 of methamphetamine, and Medellin told him to bring Roberts inside the apartment building. The three men met in the laundry room on the ground floor, but when a car alarm went off, the witness went out to shut it off. He could not re-enter the laundry because it locked automatically and could only be opened from the inside.
Although he could not reenter the building, the witness could see through the windows and saw Roberts with an unknown man, later identified as Shavers. He witnessed Medellin being shot. Medellin tried to run from the shooter but was unable to escape. Medellin was shot in the abdomen, turned to run, was shot in the right buttock, fell to the ground and was shot in the back while on the ground. After Medellin fell, the witness ran to a nearby Quik Trip and called the police.
Shavers later told another person that he and Roberts had met with Medellin to conduct a drug deal.
Roberts pleaded guilty on Feb. 1, 2018, to conspiracy to distribute methamphetamine, which resulted in the killing of Medellin. Roberts admitted that, while he possessed a handgun during the drug transaction, he never fired at Medellin. Under the terms of his plea agreement, Roberts will be sentenced to between 20 and 30 years in federal prison without parole.
This case is being prosecuted by Assistant U.S. Attorneys Jeffrey Valenti and Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justice Department Files Sexual Harassment Lawsuit Against Michigan School DistrictRead the Press Release
The Department of Justice filed a lawsuit against the Allegan Area Educational Service Agency (AAESA), a government agency providing support, cooperative educational programs, and services to local school districts in Allegan County, Michigan. The lawsuit alleges that AAESA subjected two female teachers to sexual harassment and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964. Title VII is a federal statute that prohibits employment discrimination on the basis of sex, race, color, national origin, and religion.
The Department’s complaint, filed today in the United States District Court for the Western District of Michigan, alleges that AAESA discriminated against two female teachers when they were regularly subjected to sexual harassment in the workplace by their supervisor, a former principal at the school where they all worked. According to the complaint, the sexual harassment of the teachers included verbal abuse as well as unwanted physical touching that escalated to physical assaults. The principal was later convicted of criminal assault of the teachers. The complaint alleges that AAESA did not take reasonable steps to prevent his unlawful acts.
“All Americans are entitled to a workplace that is free of unlawful harassment based on sex,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The types of discriminatory acts alleged in this lawsuit, resulting in these public sector employees suffering years of verbal and emotional abuse and ending with physical assaults, can be prevented only when employers cultivate workplace environments where workers know that such misconduct will not be tolerated.”
Both teachers filed charges of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigated the charges and found that there was a reasonable basis to believe that violations of Title VII had occurred. After unsuccessful conciliation efforts by the EEOC, the charges were referred by the EEOC to the Justice Department.
Through this lawsuit, the United States seeks monetary relief for each of the teachers and injunctive relief to require AAESA to develop and implement policies that would prevent sex discrimination and harassment in the future.
Today’s lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative announced in February 2018. The Initiative is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach, and development of effective remedial measures to address and prevent future sex discrimination and harassment.
Attorneys assigned to the Employment Litigation Section of the Civil Rights Division represent the United States in this matter.
Additional information about Title VII and other federal employment laws is available on the Civil Rights Division’s website at https://www.justice.gov/crt
Jury Convicts Saratoga County Man of Lying During Attempt to Buy a GunRead the Press Release
ALBANY, NEW YORK - A jury voted yesterday to convict Michael Bramer, Jr., age 32, of Saratoga County, New York, of providing a false statement to a licensed dealer in connection with the attempted acquisition of a firearm.
The announcement was made by United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division.
Evidence presented during the 2-day trial established that on October 24, 2016, Bramer knowingly made a false statement on a Firearms Transaction Record (also known as an ATF Form 4473) at a store in Gloversville, New York, in connection with his attempt to buy a Savage .243 Axis rifle.
In response to the question on ATF Form 4473 “Are you subject to a court order restraining you from harassing, stalking, or threatening . . . an intimate partner?” Bramer responded “No,” when he knew that 11 days earlier, on October 13, 2016, he was issued a Temporary Order of Protection in Malta Town Court ordering him to refrain from assault, harassment, stalking, threats and any criminal offense against an intimate partner. Bramer’s court order stated that he was advised of the issuance and contents of the order and was personally served with the order by a Malta Town Court Judge, and both Bramer and the judge signed the order.
Bramer faces up to 10 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on December 10, 2018 by Senior United States District Judge Gary L. Sharpe. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The case was investigated by the ATF. The case was prosecuted to indictment by Assistant U.S. Attorney Elizabeth Rabe and prosecuted at trial by Assistant U.S. Attorney Alicia Giglio Suarez.
Iraqi National Wanted for Murder in Iraq Arrested in SacramentoRead the Press Release
SACRAMENTO, Calif. — Omar Ameen, 45, an Iraqi national, wanted on a murder charge in Iraq, appeared before a federal magistrate judge in Sacramento today in connection with proceedings to extradite him to face trial in Iraq. Ameen settled in Sacramento as a purported refugee and attempted to gain legal status in the United States.
The arrest was announced by Assistant Attorney General for National Security John C. Demers, U.S. Attorney McGregor W. Scott for the Eastern District of California, Assistant Director Michael McGarrity of the FBI’s Counterterrorism Division, and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office.
An arrest warrant charging Ameen with the 2014 murder of an Iraqi police officer was issued on May 16, by a judge of the Baghdad Federal Al-Karkh Inquiry Court.
In accordance with its treaty obligations with Iraq, the United States filed a complaint in Sacramento seeking a warrant for Ameen’s arrest based on the extradition request. U.S. Magistrate Judge Edmund F. Brennan issued the warrant on Tuesday, and Ameen was arrested by the FBI Joint Terrorism Task Force in Sacramento today. At his initial appearance today, a new court date was set for August 20 at 2:00 p.m. before Judge Brennan.
The Iraqi arrest warrant and extradition request allege that after the town of Rawah, Iraq fell to the Islamic State of Iraq and al-Sham (ISIS) on June 21, 2014, Ameen entered the town with a caravan of ISIS vehicles and drove to the house of the victim, who had served as an officer in the Rawah Police Department. On the evening of June 22, 2014, after the caravan arrived at the victim’s house, Ameen and other members of the convoy allegedly opened fire on the victim. Ameen then allegedly fired his weapon at the victim while the victim was on the ground, killing him.
Ameen, originally of Rawah, in the Anbar province of Iraq, fled Iraq following the alleged murder, and later settled in Sacramento as a purported refugee. It is alleged that Ameen’s family supported and assisted the installation of al Qaeda in Iraq (AQI) in Rawah, and that Ameen was a member of AQI and ISIS. It is also alleged that he participated in various activities in support of those terrorist organizations, including helping to plant improvised explosive devices, and committing the murder that is the subject of the extradition request. Ameen concealed his membership in those terrorist groups when he applied for refugee status, and later when he applied for a green card in the United States.
Today’s arrest and the subsequent extradition are the product of a coordinated effort by the U.S. Department of Justice, the U.S. Department of State, the Federal Bureau of Investigation—in particular the FBI Sacramento Field Office, which provided considerable resources to further this investigation and ensure the safety of the American people throughout — and ICE-Homeland Security Investigations. The details contained in the charging document are allegations and have not been proven in court.
Iraqi National Wanted for Murder in Iraq Arrested in CaliforniaRead the Press Release
Omar Ameen, 45, an Iraqi national, wanted on a murder charge in Iraq, appeared before a federal magistrate judge in Sacramento, California today in connection with proceedings to extradite him to face trial in Iraq. Ameen settled in Sacramento as a purported refugee and attempted to gain legal status in the United States.
The arrest was announced by Assistant Attorney General for National Security John C. Demers, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney McGregor W. Scott for the Eastern District of California, Assistant Director Michael McGarrity of the FBI’s Counterterrorism Division, and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office.
An arrest warrant charging Ameen with the 2014 murder of an Iraqi police officer was issued on May 16, by a judge of the Baghdad Federal Al-Karkh Inquiry Court. In accordance with its treaty obligations with Iraq, the United States filed a complaint in Sacramento seeking a warrant for Ameen’s arrest based on the extradition request. U.S. Magistrate Judge Edmund F. Brennan issued the warrant on Tuesday, and Ameen was arrested by the FBI Joint Terrorism Task Force in Sacramento today.
The Iraqi arrest warrant and extradition request allege that after the town of Rawah, Iraq fell to the Islamic State of Iraq and al-Sham (ISIS) on June 21, 2014, Ameen entered the town with a caravan of ISIS vehicles and drove to the house of the victim, who had served as an officer in the Rawah Police Department. On the evening of June 22, 2014, after the caravan arrived at the victim’s house, Ameen and other members of the convoy allegedly opened fire on the victim. Ameen then allegedly fired his weapon at the victim while the victim was on the ground, killing him.
Ameen, originally of Rawah, in the Anbar province of Iraq, fled Iraq following the alleged murder, and later settled in Sacramento as a purported refugee. It is alleged that Ameen’s family supported and assisted the installation of al-Qaeda in Iraq (AQI) in Rawah, and that Ameen was a member of AQI and ISIS. It is also alleged that he participated in various activities in support of those terrorist organizations, including helping to plant improvised explosive devices, and committing the murder that is the subject of the extradition request. Ameen concealed his membership in those terrorist groups when he applied for refugee status, and later when he applied for a green card in the United States.
The details contained in the charging document are allegations and have not been proven in court.
Today’s arrest and efforts to initiate the extradition process are the product of a coordinated effort by the U.S. Department of Justice — in particular the Criminal Division's Office of International Affairs, which played a significant role — the U.S. Department of State, the FBI — in particular the FBI Sacramento Field Office which provided considerable resources to further this investigation and ensure the safety of the American people throughout it — and ICE-Homeland Security Investigations.
Investigation into Puente 13 Street Gang Leads to Federal Charges Against 17 Defendants on Narcotics, Fraud and Identity Theft ChargesRead the Press Release
LOS ANGELES – Federal authorities have arrested 12 defendants on federal narcotics and fraud charges stemming from an investigation into the Puente 13 street gang. Those arrested last night and this morning are among 17 defendants named in a series of indictments returned by a federal grand jury that allege various offenses, including narcotics, bank fraud and aggravated identity theft. The other five charged defendants were already in federal and state custody.
The investigation into the Mexican Mafia-affiliated Puente 13 street gang was led by the United States Secret Service and the Drug Enforcement Administration, and included a series of wiretaps that revealed criminal activity by gang members, gang associates and others.
The 17 defendants are charged in 12 indictments and one criminal complaint that allege a wide range of crimes, including possession with the intent to distribute methamphetamine and heroin, conspiracy to distribute methamphetamine, possession of a firearm in furtherance of drug trafficking, felon in possession of a firearm, bank fraud, conspiracy to commit bank fraud, aggravated identity theft, illegal possession of access devices (credit cards), possession of access device making equipment, and possession of stolen mail.
The investigation began when authorities learned that Puente 13 member Victor Ponce De Leon was allegedly involved in drug trafficking, with intercepted communications indicating he was willing to sell methamphetamine. One of the indictments that names Ponce De Leon specifically alleges a drug transaction in which he sold a quarter ounce of methamphetamine while armed with a 9mm handgun.
As the investigation expanded, authorities also uncovered an identity theft ring. While most of the participants are charged in separate cases, stolen credit cards and personal identifying information from numerous common victims were found in the possession of multiple defendants.
During the five-month investigation, law enforcement also uncovered a scheme to smuggle narcotics into the Pitchess Detention Center in Castaic. That conduct is captured in an indictment alleging that Ricky Lee Thornburg, another Puente 13 member who was an inmate at the Pitches Detention Center, planned to receive smuggled methamphetamine from fellow co-conspirators and distribute the drugs to other inmates. This indictment, which charges the alleged supplier of the drugs and a woman who allegedly attempted to smuggle the methamphetamine into the facility, alleges that more than two ounces of methamphetamine and some heroin, all of which was concealed in plastic drinking straws, was intercepted as the woman was preparing to visit De Leon at Pitchess in May.
The 17 defendants charged as a result of this investigation are:
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Victor Ponce De Leon, a convicted felon also known as “Dopey,” 26, of La Puente, who in charged in two indictments with conspiring to possess with intent to distribute methamphetamine, distributing methamphetamine, possessing a firearm in furtherance of drug trafficking, being a felon in possession of a firearm, bank fraud, conspiring to commit bank fraud, aggravated identity theft, and possessing stolen mail;
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James W. Butcher, 54, of Covina, who allegedly agreed to purchase methamphetamine from Ponce De Leon for redistribution;
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Ricky Lee Thornburg, also known as “Shorty,” 39, of Glendora, who is charged in two indictments with orchestrating the plot to smuggle narcotics into Pitchess, as well as possessing methamphetamine with the intent to distribute it and carrying a firearm in furtherance of drug trafficking;
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Beatris Gomez, 39, of Glendora, who allegedly supplied the narcotics to be smuggled into the jail and drove to the facility, is also charged with possessing an access device reader/encoder;
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Patricia Marie Jimenez, 32, of La Puente, who is charged in two indictments with attempting to smuggle the narcotics into the Pitchess by hiding the drug-laden straws in her boots, as well as possessing counterfeit currency, possessing unauthorized access devices, aggravated identity theft and possession of stolen mail;
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Melody Basye, 38, of San Bernardino, who allegedly possessed methamphetamine with intent to distribute it, possessed counterfeit access devices and possessed an access-device maker;
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Joseph Anthony Castro, 37, of Azusa, who allegedly possessed with intent to distribute heroin, possessed counterfeit access devices (including social security numbers), committed aggravated identity theft, and possessed approximately $4,650 in counterfeit currency;
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Matthew Burciaga, also known as “Porky,” 32, of La Puente, who allegedly possessed an access device reader/encoder;
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Yvonne Marie Estrada, 35, of Covina, who allegedly possessed with intent to distribute methamphetamine;
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Maribel Gomez, 25, of Azusa, who allegedly committed bank fraud, aggravated identity theft, and possessed with intent to distribute methamphetamine;
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Elizabeth Joyce McDowell, also known as “Lilly,” 23, of West Covina, who allegedly conspired to commit bank fraud, and committed aggravated identity theft;
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Priscilla Telles, also known as “Babydoll,” 31, of La Puente, who allegedly conspired to commit bank fraud and committed aggravated identity theft;
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David Ortega, also known as “No-No,” 23, of Hacienda Heights, who allegedly possessed unauthorized access devices, committed aggravated identity theft, and possessed stolen mail;
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Ulices Ramon Soto, also known as “Uli,” 36, of Whittier, who allegedly was a felon in possession of a firearm and ammunition, possessed unauthorized access devices, committed aggravated identity theft, possessed device-making equipment, and possessed stolen mail;
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Thomas Arroyave, 34, of Azusa, who allegedly possessed unauthorized access devices, committed aggravated identity theft, possessed with intent to use or transfer at least five identification documents, possessed access device-making equipment, possessed stolen mail, and was a convicted felon in possession of a firearm and ammunition;
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Edward Padilla, also known as “Spunks,” 24, of Chino Hills, who allegedly was a felon in possession of firearms and ammunition; and
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Ruby Escarcega, 22, of Chino Hills, who allegedly aided and abetted a felon in possession of firearms and ammunition;
The 12 defendants arrested last night and today are expected to be arraigned this afternoon in United States District Court in downtown Los Angeles. The other five – Thornburg, Basye, Arroyave, Maribel Gomez and Jimenez – are expected to be brought into federal court for arraignments in these cases in the near future.
Indictments and criminal complaints contain allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
If convicted, those facing narcotics offenses general face mandatory minimum sentences of five years in federal prison and maximum possible sentences of 40 years. Those charged with fraud offenses face a range of penalties, with bank fraud carrying a statutory maximum sentence of 30 years in prison and aggravated identity theft carrying a mandatory consecutive two-year sentence.
These cases are the result of an investigation by the United States Secret Service, the Drug Enforcement Administration. Substantial assistance was provided by the Glendora Police Department and the Culver City Police Department.
These case are being prosecuted by Assistant United States Attorneys Scott M. Lara, William M. Rollins, Veronica M.A. Alegría, Julia S. Choe and Sara B. Milstein of the General Crimes Section.
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Husband of Former FDOT Employee Sentenced for Theft of More Than $370,000 in Federal Grant FundsRead the Press Release
Tampa, Florida – U.S. District Judge Mary Scriven today sentenced Alejo Tronco-Diaz (52, Lakeland) to 12 months and one day in federal prison for conspiracy to commit federal program theft. As part of his sentence, Tronco-Diaz was also ordered to pay $295,891.65 in restitution. The court also entered a money judgment in the amount of $373,602.42, representing the total proceeds of the charged criminal conduct.
Tronco-Diaz pleaded guilty on May 14, 2018.
According to court documents, Tronco-Diaz’s wife, Tracy Dean Tronco, worked as a Transit Coordinator and Passenger Operations Specialist at the Florida Department of Transportation’s (FDOT) District 7 office in Tampa from May 2010 through August 2015. Tronco was responsible for administering transportation projects and funds that were intended to benefit Florida residents and taxpayers. As part of her work, she had a role in awarding federal grant funds that the U.S. Department of Transportation provided to the FDOT.
Tronco-Diaz, who married Tronco in 2012, was an FDOT grant applicant who operated an alleged church, Ministerio A Gran Voz De Trompeta Campus, Inc., in Hillsborough and Polk Counties. Ministerio purported to provide transportation services for underserved populations, such as elderly, disabled, and unemployed individuals.
Tronco used her position at FDOT to award more than $370,000 in federal funds to Ministerio and another religious ministry that claimed to be partnering with Ministerio to provide transportation services. The grant money was supposed to be used to purchase and renovate a commercial property in Hillsborough County, to provide job and transportation-related services, to purchase three new vehicles, and to reimburse the operation’s vehicle maintenance costs. Instead, the funds and vehicles were kept and used by Tronco, her husband, and other co-conspirators. Tronco also failed to disclose to FDOT her personal relationship with Tronco-Diaz, which constituted a conflict of interest that would have prevented her from handling the grant awards.
Tronco resigned from FDOT in lieu of termination on April 27, 2016. She was charged in the same indictment and pleaded guilty to conspiracy to commit federal program theft on October 18, 2017.
This case was investigated by the Federal Bureau of Investigation and the Florida Department of Transportation - Office of Inspector General, with assistance from the Office of Inspector General for the Department of Transportation. It is being prosecuted by Assistant United States Attorney Patrick Scruggs.
Houston Man Convicted of Robbing Traveling Jewelry SalesmanRead the Press Release
HOUSTON – A 30-year-old resident of Houston had pleaded guilty to cconspiracy to interfere with commerce by robbery, announced U.S. Attorney Ryan K. Patrick.
Gabriel Ocampo-Mayorquin admitted in federal court yesterday that he was part of a violent robbery crew that would rob traveling jewelry salesmen during their travels to Houston.
On Sept. 11, 2009, Ocampo-Mayorquin and Columbian co-conspirators robbed an off-duty Texas Alcohol and Beverage Commission (TABC) officer and an interstate traveling jeweler at gunpoint at 3201 Sage Road in Houston. Ocampo-Mayorquin and Santos Diaz-Soto, 32, approached the TABC officer while he was waiting in his car on the salesman. Diaz-Soto had the gun and Ocampo-Mayorquin a “glass punch” used to break the windows of the car.
After Ocampo-Mayorquin broke the window, Diaz-Soto held the officer at gunpoint, at which time they attempted to steal several watches. The officer fired shots resulting in injuries to both. Diaz-Soto was shot in the back and arms, while Ocampo-Mayorquin was shot in the arm.
The men then fled into a green Acura that Juan Carlos Valencia, 35, was driving. Immediately thereafter, witnesses observed three suspicious vehicles enter into the Gables Apartment Complex located at 3300 Sage Road to change license plates and switch cars. Ocampo-Mayorquin fled to Mexico after this robbery under an alias, while the others, all Columbian nationals, were charged and sentenced for their various roles in this robbery.
Ocampo-Mayorquin spent eight years in a Mexican prison, after which the FBI brought him back to the United States face these charges. He will remain in custody pending sentencing, at which time he faces up to 20 years in prison and a possible $250,000 fine.
The FBI conducted the investigation. Assistant U.S. Attorney Suzanne Elmilady is prosecuting the case.
Head of Drug Trafficking Organization “Little DTO” Sentenced Today to 34 Years’ ImprisonmentRead the Press Release
Philadelphia – U.S. Attorney William M. McSwain announced today that Leon Little, 38, of Cherry Hill, NJ, was sentenced today by the Honorable Cynthia M. Rufe to 408 months in prison and 5 years of supervised release for his role as the leader of a large scale oxycodone pill conspiracy that caused nearly 400,000 oxycodone pills and other drugs to be released illegally on the streets of Philadelphia, Delaware, and elsewhere. This is the largest sentence ever received in the Eastern District of Pennsylvania in a federal pill-trafficking case. Little was charged with conspiracy to distribute controlled substances and was found guilty by a jury in December 2016.
Little recruited several people to perpetrate his drug distribution scheme, including at least 55 “pseudo-patients”—individuals who posed as patients in order to acquire prescription drugs from a licensed physician in Philadelphia. Many of these pseudo-patients were recruited from the Raymond Rosen Projects, a government-assisted housing development located in North Philadelphia. Little provided the cash required to pay for all doctor’s appointments, the costs of filling prescriptions received from the doctor as well as forged prescriptions and payment to the pseudo-patients and drivers for their services. Little also recruited several others to carry out the scheme: Heather Herzstein, the receptionist at the doctor’s office who arranged the office visits; Brendin Strand, a customer who purchased the drugs; and Colise Harmon, James Alexander, and John Baldwin—all drivers who recruited and transported pseudo-patients to the doctor’s office.
Once Little fraudulently acquired the drugs, he collected and stored the filled prescriptions, packaged the drugs for re-distribution, and distributed to them to his customers. Little sold the oxycodone pills and other prescriptions drugs and profited over $3,000,000. He used those proceeds to perpetuate the scheme; purchase vehicles, real estate and a UPS franchise; and gamble over $1 million dollars at various casinos.
“Today, the streets of Philadelphia and our region are safer now that Leon Little will be behind bars for years to come,” said U.S. Attorney McSwain. “This defendant was the mastermind behind a massive scheme involving highly addictive drugs, and he lived high on the hog at the expense of other peoples’ misery. The opioid crisis is hitting our region hard, and we are taking action. I commend the hardworking prosecutors from my office and our law enforcement partners for putting this case together and holding this defendant accountable for the destruction he caused.”
“Little ran a prescription drug trafficking ring that was responsible for the distribution of more than 380,000 tablets of controlled substances in and around Philadelphia. He was also responsible for recruiting numerous people from government-assisted housing developments to act as “pseudo-patients” to fraudulently obtain these prescription drugs in furtherance of his criminal activities,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “After being found guilty of numerous federal drug and money laundering charges, Little has received a sentence that is appropriate for drug traffickers that seek to exploit some of the most vulnerable members of our society.”
“We continue to see the devastating effects illegal prescription drugs are having on our society,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “Today’s sentencing of Leon Little demonstrates how IRS-CI, along with our federal law enforcement partners, and the Department of Justice will band together in the fight against prescription opioid abuse.”
The case was investigated by the Drug Enforcement Administration, Internal Revenue Service Criminal Investigation Division, Federal Bureau of Investigation Health Care Fraud Task Force, Philadelphia Police Department, and North Coventry Police Department, and was prosecuted by Assistant United States Attorney Tomika N.S. Patterson.
Government Seeks to Forfeit Assets of Pittsford Psychiatrist Obtained Through FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that a civil forfeiture complaint has been filed against Dr. Muhammad A. Cheema, 45, of Pittsford, NY, to forfeit assets allegedly obtained through fraud and that were involved in money laundering.According to Assistant U.S. Attorney Grace M. Carducci, who is handling the civil case, the complaint seeks the forfeiture of:
• $806,871.91 from three separate bank accounts held by the defendant;
• A 2015 Audi A8;
• A 2017 Mercedes Benz; and
• The defendant’s residence at 9 Bromsgrove Hill, in Pittsford, NY.On July 30, 2018, Dr. Cheema, a licensed physician who provides psychiatric services at his private practice, Upstate Psychiatry in Pittsford, as well as at Rochester Regional Health, and various nursing homes, was charged by criminal complaint with health care fraud and making false statements relating to health care matters.
According to the criminal complaint, Dr. Cheema routinely billed health insurance providers the highest leve1 of evaluation and management services for new patient visits, and his medical notes were missing the documentation to support the level of evaluation and management services for his established patients. The defendant is also accused of routinely upcoding office visits of patients, improperly billing health care benefit programs for services that he did not provide, and, on more than one occasion, prescribing drugs to an undercover patient without performing an physical exam or psychotherapy.
In addition, Dr. Cheema, as alleged in the criminal complaint, submitted a fraudulent certificate which purported to show him to be board certified in Psychiatry. In fact, the defendant was not board certified in Psychiatry, has never passed the ABPN certifying examination in Psychiatry or Neurology. The investigation determined that the document submitted by the defendant was fraudulent, and was generated on his desktop computer using a valid Certificate belonging to a psychiatrist in Arizona.
“As I stated at the time of the defendant’s arrest, our office is committed to ensuring that those who seek unjustly to enrich themselves by perpetrating frauds against the health care system are brought to justice,” said U.S. Attorney Kennedy. “While the criminal complaint holds Dr. Cheema criminally responsible for his actions, this civil complaint seeks to divest him of his ill-gotten gains.”
The civil complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, and the New York State Department of Financial Services, under the direction of Superintendent Maria T. Vullo.
If convicted of the criminal charges, Dr. Cheema faces a maximum penalty of 10 years in prison and a $250,000 fine.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Gardner Man Sentenced for Firearm and Drug OffensesRead the Press Release
BOSTON – A Gardner man was sentenced today in federal court in Worcester for illegally possessing ammunition and distributing fentanyl.
Travis Miller, 30, was sentenced by U.S. District Court Judge Timothy S. Hillman to 80 months in prison and three years of supervised release. In March 2018, Miller pleaded guilty to one count of being a felon in possession of ammunition and one count of distribution of fentanyl. In November 2017, Miller and another individual, Edwin Labaw, were arrested after being charged in a criminal complaint.
According to court documents, Miller met with an undercover federal agent on Sept. 19, 2017, in Gardner, and the agent purchased a double-barrel 12-gauge shotgun, a 9mm Kel-Tech Sub 2000 rifle, and 11 rounds of 12-gauge shotgun ammunition in exchange for $1,200. Miller again met with an undercover agent on Sept. 27, 2017, in Fitchburg, and the agent purchased a 7.62x39mm caliber SKS rifle, along with ammunition and magazines, in exchange for $1,800. Miller engaged in communications with the undercover agent and a cooperating source regarding other firearms, including a sniper rifle and the potential assembly of a fully automatic AR-style rifle.
Subsequently, Miller sent text messages to the undercover agent offering to sell fentanyl patches and OxyContin pills. On Nov. 3, 2017, Miller met with the agent in Worcester and sold him a .38 caliber revolver with an obliterated serial number, .38 caliber ammunition, 39 fentanyl patches, and 65 OxyContin pills.
According to court documents, Miller has prior felony convictions and is therefore prohibited from possessing firearms and ammunition.
Labaw pleaded guilty on March 5, 2018, to being a felon in possession of a firearm and is scheduled to be sentenced on Aug. 29, 2018.
United States Attorney Andrew E. Lelling and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. This case was investigated with assistance from the Worcester, Gardner, and Fitchburg Police Departments, and the Massachusetts State Police. Assistant U.S. Attorney Bill Abely of Lelling’s Worcester Branch Office prosecuted the case.
Fulton County Deputy Jailer Indicted for Assaulting InmateRead the Press Release
A federal grand jury in Paducah, Kentucky, returned a one-count indictment today charging James Eakes, a deputy jailer at the Fulton County Detention Center, with violating the civil rights of an inmate by assaulting him with a dangerous weapon.
The indictment alleges that on Aug. 14, 2016, Eakes willfully deprived an inmate of the right to be free from cruel and unusual punishment. Specifically, the indictment alleges that Eakes assaulted the inmate with a dangerous weapon, resulting in bodily injury to the inmate.
If convicted of the civil rights charge, Eakes faces a maximum term of imprisonment of 10 years.
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The FBI conducted the investigation. Assistant United States Attorney Madison Sewell of the Western District of Kentucky and Trial Attorneys Sanjay Patel and Zachary Dembo of the Civil Rights Division are prosecuting the case.