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Tuesday 31 July 2018
Departments of Justice and Labor Formalize New Partnership to Protect U.S. Workers from Discrimination and Combat Visa AbuseRead the Press Release
Today, the Department of Justice’s Civil Rights Division and the Department of Labor (DOL) expanded their collaboration to better protect U.S. workers from discrimination by employers that prefer to hire temporary visa workers over qualified U.S. workers. This new partnership, memorialized in a Memorandum of Understanding (MOU), establishes protocols for the agencies to share information, refer matters between them, and train each other’s employees, with the goal of better protecting U.S. workers. This partnership will enhance the Civil Rights Division’s efforts to stop companies from discriminating against U.S. workers and assist the Department of Labor’s Employment and Training Administration in identifying noncompliance with its foreign labor certification process.
In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement measures against companies that discriminate against U.S. workers in favor of foreign visa workers. Under this Initiative, the Civil Rights Division has opened dozens of investigations; filed one lawsuit; and reached settlement agreements with three employers. Since the Initiative’s inception, employers have agreed to pay or distributed over $285,000 in back pay to affected U.S. workers. The Employment and Training Administration has assisted the Division’s efforts under this Initiative and today’s partnership expands and formalizes that relationship.
The Civil Rights Division has also increased its collaboration with other federal agencies, including the Departments of State and Homeland Security, to combat discrimination and abuse by employers improperly using temporary visa workers. Today’s MOU expands on the Division’s existing partnership with DOL. In 2017, the Division entered into a similar ongoing partnership with DOL’s Wage and Hour Division to combat discrimination and violations of other federal worker protection laws by facilitating the agencies’ information sharing.
“Employers should hire workers based on their skills, experience, and authorization to work; not based on discriminatory preferences that violate the law,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Our partnership with DOL, formalized today, significantly enhances the Civil Rights Division’s ability to identify employers that favor temporary visa holders over U.S. workers who can do the job.”
“Streamlining the process for information sharing between the Department of Labor and the Department of Justice will help protect U.S. workers from unlawful discrimination,” said Rosemary Lahasky, Deputy Assistant Secretary for DOL’s Employment and Training Administration. “This partnership will help ensure U.S. workers are prioritized to fill jobs.”
The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) has statutory and regulatory authority to certify employers seeking certain employment-based visas, including H-2A and H-2B visas. These visa programs require employers to first seek and hire available U.S. workers before hiring visa workers.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the Immigration and Nationality Act. Among other things, the statute prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation; and intimidation. An employer that prefers to hire temporary visa workers over available, qualified U.S. workers may be discriminating in violation of this law.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites. Applicants or employees who believe they were subjected to retaliation; different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral for a fee, can file a charge or contact IER’s worker hotline for assistance.
For more information on OFLC and its activities, please visit https://www.foreignlaborcert.doleta.gov
Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Columbia Man Pleads to Federal Firearm ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Sherri A. Lydon stated that Rondell Lakevis Waiters, age 35, of Columbia, plead guilty in federal court to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose a sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.
Evidence presented in court established that on April 11, 2018, deputies with the Richland County Sheriff’s Department executed a lawful search warrant on a hotel room in Columbia after making an undercover buy of narcotics from that location. During execution of the search warrant, deputies encountered Waiters and recovered two firearms inside the hotel room. After advise of rights, Waiters admitted possession of one of the firearms. Waiters is prohibited under federal law from possessing firearms and ammunition based upon his prior state drug convictions.
Waiters faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the firearm charge. However, if he is deemed an armed career criminal based upon his extensive prior record, he faces a statutory mandatory minimum 15 years imprisonment with a maximum of life, a fine of $250,000, and 5 years of supervised release.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Richland County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney William K. Witherspoon of the Columbia office handled the case.
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Charleston Man Pleads Guilty to Gun CrimeRead the Press Release
CHARLESTON, W.VA. – United States Attorney Mike Stuart announced that Labaron Bulley, 32, of Charleston, pled guilty today before United States District Court Judge John T. Copenhaver, Jr., to being a felon in possession of a firearm. Stuart credited the collaborative investigative efforts of the Charleston Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF) with the successful prosecution of Bulley.
“We are working closely with the Charleston Police Department to reduce violent crime, particularly on the City’s west side,” said United States Attorney Mike Stuart. “Prosecuting prohibited persons like Bulley that continue to possess guns is critical to our efforts.”
Bulley admitted to possessing a firearm on March 15 of this year at his girlfriend’s west side residence. At the time he possessed the firearm, Bulley admitted that he had been convicted in 2014 in West Virginia of the felony offense of attempting to commit a felony. Bulley faces up to 10 years imprisonment and a $250,000.00 fine when he is sentenced on October 30, 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Cardiologist Gets 20 Months in Prison for Billing Veterans Affairs for Hundreds of Bogus Medical ProceduresRead the Press Release
NEWARK, N.J. – A Somerset, New Jersey, man was sentenced today to 20 months in prison for defrauding the Veterans Affairs program by billing for services he never performed, U.S. Attorney Craig Carpenito announced.
Apostolos Voudouris, 44, previously pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to an information charging him with health care fraud. Voudouris also entered into a civil settlement agreement with the government, under which he will pay $476,460 to resolve the government’s claims under the False Claims Act.
According to the documents filed in the case and statements made in court:
Voudouris is a physician specializing in cardiology and electrophysiology. Beginning in 2006, Voudouris provided services to eligible veterans at the Veterans Affairs Medical Center in East Orange, New Jersey, pursuant to his contract with the Department of Veterans Affairs (VA). Voudouris admitted that on more than 350 occasions between 2011 and 2015, he submitted documentation to the VA claiming to have performed procedures he never performed. As a result, Voudouris fraudulently received $238,230 from the VA.
In addition to the prison term, Judge Walls sentenced Voudouris to two years of supervised release and fined him $7,500. As part of his plea agreement, Voudouris must pay restitution of $238,230 to the VA in addition to the $476,460 civil settlement, for a total of $714,690.
U.S. Attorney Carpenito credited special agents of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division, Northeast Field Office, under the direction of Special Agent in Charge Sean Smith; the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, and the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark, with the investigation.The government is represented by Assistant U.S. Attorney Jacob T. Elberg of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Kristen Santillo Esq., Newark
Camden Man Sentenced to 80 Months in Prison for Firearm OffenseRead the Press Release
CAMDEN, N.J. – A Camden man was sentenced today to 80 months in prison for possessing a firearm as a previously convicted felon, U.S. Attorney Craig Carpenito announced.
Anthony Thomas, 27, previously pleaded guilty before U.S. District Judge Renée Marie Bumb to an indictment charging him with one count of possession of a firearm as a convicted felon. Judge Bumb imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Thomas, a previously convicted felon, was arrested Aug. 13, 2017, by the Camden County Police Department after officers observed him displaying a handgun to a second man. Shortly before, Thomas had retrieved the handgun from underneath the front passenger seat of a vehicle that two young children had been entering and exiting as they played nearby. After displaying the handgun to the second man, Thomas, the second man and both children entered the vehicle. Police approached and directed Thomas and others to exit the vehicle. Thomas fled on foot and was apprehended a short time later. A search of the vehicle revealed a loaded, Glock Model 17, 9mm handgun beneath the seat where Thomas had been sitting.
In addition to the prison term, Judge Bumb sentenced Thomas to three years of supervised release.
U.S. Attorney Carpenito credited special agents of the ATF Camden Field Office, under the direction of Special Agent in Charge John Devito, and the Camden County Police Department, under the direction of Chief J. Scott Thomson, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Thomas J. Young Esq., Assistant Federal Public Defender, Camden
Breathitt County Ambulance Company, Its Owner and Managers Plead Guilty to Health Care FraudRead the Press Release
LEXINGTON, Ky. – Hershel Jay (“Jay”) Arrowood, Lesa Arrowood, Terry Herald, and Arrow-Med Ambulance, Inc. (“Arrow-Med”) have each pled guilty to health care fraud, in connection with fraudulent claims to Medicare and Medicaid for medically unnecessary ambulance transports.
Jay Arrowood has owned and operated Arrow-Med in Breathitt County, Ky. since September 2012. Arrow-Med provided certain patients with non-emergency ambulance transports, particularly to and from a dialysis clinic in Jackson, Ky. Jay Arrowood, Lesa Arrowood, Terry Herald, and Arrow-Med all admitted that they knew that Medicare would only pay for these non-emergency transports if other forms of transportation would endanger the patient’s health. Similarly, the defendants knew that Medicaid would only pay for non-emergency transports if the patient’s condition required a transport by stretcher.
Jay Arrowood, Terry Herald, and Arrow-Med all admitted that between September 2012 and August 2015, they worked together to submit false claims to Medicare and Medicaid seeking payment for non-emergency ambulance transports provided to certain patients. Lesa Arrowood, Jay Arrowood’s wife, admitted that she knowingly joined this scheme in December 2013. The defendants further admitted that they knew these patients did not qualify for Medicare or Medicaid coverage for the ambulance services, and Arrow-Med’s run sheets – medical records that documented the transports – were falsified to misrepresent the patients’ true medical condition. As a result of the defendants’ conduct, Medicare and Medicaid were defrauded of $249,539.
Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky; Derrick Jackson, Special Agent in Charge of the Atlanta Regional Office of the Department of Health and Human Services, Office of Inspector General (HHS-OIG) and the Kentucky Office of the Attorney General-Office of Medicaid Fraud and Abuse jointly announced the guilty pleas.
The investigation was conducted by HHS-OIG; the Kentucky Office of the Attorney General-Office of Medicaid Fraud and Abuse and the United States Attorney’s Office. The United States was represented by Assistant United States Attorneys Kate K. Smith and Paul C. McCaffrey.
The defendants are currently scheduled to appear for sentencing before Judge Joseph M. Hood on October 29, 2018. Their sentences will be imposed by the Court, after consideration of the United States Sentencing Guidelines and the federal statutes governing the imposition of sentences.
Breaking Media Advisory -- United States Attorney Mike Stuart to Hold Press Conference -- July 31, 2018 @ approximately 10:00amRead the Press Release
CHARLESTON, W.Va. – United States Attorney Mike Stuart will hold a press conference at approximately 10:00am on Tuesday, July 31, 2018, to discuss the West Virginia Supreme Court of Appeals.
WHO: Mike Stuart
United States Attorney
Southern District of West Virginia
WHAT: Press Conference
WHEN: Tuesday, July 31, 2018 @ approximately 10:00am*
WHERE: United States Attorney’s Office
Robert C. Byrd United States Courthouse
300 Virginia Street
4th Floor, Room 4000
Charleston, WV 25301
*All media must present government-issued photo identification (such as a driver’s license) and valid media credentials. Media representatives should be through security and in the U.S. Attorney’s Office no later than 9:40 a.m. with cameras/media devices set up by 9:50 a.m. Media will be permitted to access the facility beginning at 9 a.m..
Follow us on Twitter: @SDWVNews and @USAttyStuart
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Boston Gang Member Sentenced for Distributing Drugs in and Around Public Housing DevelopmentRead the Press Release
BOSTON – A Boston gang member was sentenced today in federal court in Boston for distributing crack cocaine in a Jamaica Plain housing development.
Jarrod Simmons, a/k/a “Rizz,” 21, was sentenced by U.S. District Court Judge Denise J. Casper to one year and one day in prison and six years of supervised release. In April 2018, Simmons pleaded guilty to distribution of controlled substances within 1,000 feet of a public housing facility.
Following a two-year investigation, Simmons and eight co-defendants were charged in January 2018 in connection with illegal drug distribution and firearm possession within and near the Mildred C. Hailey Apartments in Jamaica Plain, formerly known as the Bromley Heath Housing Development. Simmons, who was identified as a member of the Heath Street Gang during the investigation, sold cocaine base, also known as crack cocaine, to a cooperating witness inside the development on Sept. 18, 2016. According to court documents, Simmons was on pretrial release for state drug and firearm offenses when he conducted the drug sale.
The investigation and arrests sought to reduce violence and improve the quality of life in and around the Mildred C. Hailey Apartments for residents by removing individuals who trafficked drugs and who were involved in gang activity in and around the development.
United States Attorney Andrew E. Lelling; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistance was also provided by the Boston Housing Authority’s Department of Police and Public Safety.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Barbour County man sentenced for firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Jerry Lee Beohm, Jr., of Philippi, West Virginia, was sentenced to 64 months incarceration for a firearms charge, United States Attorney Bill Powell announced.
Beohm, age 43, pled guilty to one count of “Unlawful Possession of a Firearm” in April 2018. Beohm, who was previously convicted of two felonies in Barbour County Circuit Court, admitted to having a .40 caliber pistol, a .380 caliber pistol, a .410 caliber derringer, and a 12-gauge shotgun. The crime occurred in August 2015 in Barbour County.
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 Traci M. Cook prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge John Preston Bailey presided.
Barbour County man sentenced for firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Gregory Smith, of Philippi, West Virginia, was sentenced today to 37 months incarceration for possessing a stolen firearm, United States Attorney Bill Powell announced.
Smith, age 54, pled guilty to one count of “Possession of a Stolen Firearm” in June 2018. Smith admitted to having a stolen .22-caliber derringer in January 2018 in Barbour County.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
U.S. District Judge John Preston Bailey presided.
Anchorage Man Sentenced for Illegal Possession of GunRead the Press Release
Anchorage, Alaska – U.S. Attorney Bryan Schroder announced that Tony Lavea Tueipi, 42, resident of Anchorage, was sentenced today by U.S. District Judge Sharon L. Gleason to 21 months in prison, followed by a three-year term of supervised release, for illegally possessing a gun with an obliterated serial number. As a result of his conviction, Tueipi, who is a native of Western Samoa, will be subject to deportation.
According to the plea agreement filed in this case, on Nov. 10, 2016, Anchorage Police Department (APD) received a call that gunshots had been fired in a trailer park on Chugach Way. One of the shots went through the wall of a neighboring trailer. When APD arrived at the scene, they found the Tueipi outside of his trailer. On the ground near the Tueipi were six spent shell casings. Anchorage Police approached Tueipi and noticed the butt end of a handgun in his front jacket pocket. Inside the gun was a fully loaded magazine.
This was not the first time Tueipi had illegally possessed a gun. Prior to Nov.10, 2016, Tueipi knowingly possessed a gun with an obliterated serial number. Possession of a gun with a serial number that has been removed, obliterated, or altered is illegal under federal law.
At sentencing, Judge Gleason noted that the sentence was based on numerous factors, including the threat posed by the defendant’s conduct, and the deterrent value of a 21-month sentence. Judge Gleason stated that the defendant used his gun in a “manner that presented an extreme risk…to the person that resided in the neighboring home.” According to Judge Gleason, the 21-month sentence would allow the defendant to “convey to others [he might be in jail with]” the serious penalties associated with the illegal possession of firearms, and the extreme danger that can result from the reckless use of such firearms.
The case was the product of an investigation by the Anchorage Police Department (APD), working together with Homeland Security Investigations (HSI). Assistant U.S. Attorney Kyle Reardon prosecuted the case.
Monday 30 July 2018
U.S. Attorney’s Office and Law Enforcement Partners to Hold Town Hall Meetings in Jackson to Discuss and Solicit Feedback on Project EJECTRead the Press Release
Jackson, Miss. – The United States Attorney’s Office, along with its law enforcement partners, will hold several town hall meetings throughout the City of Jackson over the next several weeks to discuss Project EJECT and solicit input from the community, announced U.S. Attorney Mike Hurst. Project EJECT is an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN). EJECT stands for "Empower Jackson Expel Crime Together."
As part of the awareness component under Project EJECT, the U.S. Attorney’s Office is committed to engaging with the communities of Jackson and not only explaining the good work that law enforcement is doing to combat crime but also soliciting input, suggestions and feedback from citizens directly in order to ensure the work of Project EJECT is positive and has a long-lasting impact.
"In order to effectively combat crime in Jackson, we must raise awareness in our communities to the work we are doing under Project EJECT and solicit input and feedback about our work from our fellow citizens. Law-abiding people of the metro area vastly outnumber the criminals, and by working and partnering together, we can do so much more to clean up our Capitol City for all Mississippians and future generations," said U.S. Attorney Hurst.
Town hall meetings will be held on the following dates, from 6-7 p.m.:
August 6 – Sykes Park Gymnasium - 520 Sykes Road, Jackson
August 9 – Greater Bethlehem Temple - 1505 Robinson Street, Jackson
August 16 – First Baptist Church Jackson - 431 N. State Street, Jackson
August 20 – Broadmeadow United Methodist Church - 4419 Broadmeadow St, Jackson
August 27 – New Horizon Church - 1770 Ellis Avenue
August 28 – Medgar Evers Library - 4215 Medgar Evers Boulevard
The U.S. Attorney’s Office is currently working on scheduling dates for additional locations in other areas of Jackson in the very near future.
Project EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime in Jackson through prosecution, prevention, re-entry and awareness. PSN is program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Since announcing Project EJECT in December 2017, the U.S. Attorney’s Office, the Jackson Police Department, and agents and task force officers from various federal and state law enforcement agencies, have indicted over 70 individuals for federal crimes ranging from carjacking to illegally possessing firearms to business robberies to drugs. Of those individuals whom have been arrested and are being prosecuted, approximately 97% have been detained while awaiting trial. For those whom have been convicted and sentenced, the average sentence thus far for crimes prosecuted under Project EJECT is over 6 years in federal prison.
Tyler County residents admit to drug chargesRead the Press Release
WHEELING, WEST VIRGINIA – Michael Shawn Hartline and Rachel A. Cook, both of Sistersville, West Virginia, have admitted to a drug distribution charges, United States Attorney Bill Powell announced.
Hartline, age 34, and Cook, age 28, each pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine.” Hartline and Cook admitted to distributing crystal methamphetamine in Tyler County in November 2017.
Hartline and Cook each face up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Robert H. McWilliams, Jr., and Shawn M. Adkins are prosecuting the cases on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio, Police Department Gang Crimes Unit assisted in the case.
The investigation was funded in part by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Senior U.S. District Judge Frederick P. Stamp, Jr. presided over the Hartline hearing.
U.S. Magistrate Judge James E. Seibert presided over the Cook hearing.
Two people guilty of distributing Tramadol pillsRead the Press Release
Two people pleaded guilty to distributing Tramadol pills.
Randall S. Borntrager, 48, of Canton, and Renee Bischoff, 50, of Bakersfield, California, are scheduled to be sentenced later this year after pleading guilty to conspiracy to possess with intent to distribute and distribute a Schedule IV controlled substance and conspiracy to ship misbranded drugs in interstate commerce.
Bischoff was a pharmacy technician who, from at least 2013 to 2017, shipped pills of Tramadol from California to Borntrager in Ohio, who sold the drugs, according to court documents.
Bortrager distributed approximately 100 Tramadol pills on July 1, 2017, according to court documents.
“The illegal diversion of prescription painkillers is one of the causes of the opioid epidemic that has caused so much pain and suffering here in Ohio,” U.S. Attorney Justin Herdman said. “This pair will be held accountable for their actions.”
“Pharmacy technicians, like other health care professionals, are trusted by U.S. consumers to fill their prescriptions with drugs from the legitimate prescription drug supply chain. When that trust is betrayed, the consequences can be serious for patients,” said Mark S. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Office. “We will continue to pursue and bring to justice those who abandon their professional principles in exchange for profit.”
The investigation preceding the information was conducted by the Food & Drug Administration -- Office of Criminal Investigations. The case is being prosecuted by Assistant United States Attorney Henry F. DeBaggis.
Two Mineral County men sentenced for drug distribution chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA –Jordan Foster, of Piedmont, West Virginia, and Brandon Suter, of Keyser, West Virginia, have were sentenced today for drug distribution charges, United States Attorney Bill Powell announced.
Foster, age 22, was sentenced to eight months incarceration. Foster pled guilty to one count of “Possession with Intent to Distribute Cocaine Hydrochloride” in March 2018. Foster admitted to distributing cocaine hydrochloride in August 2017 in Mineral County.
Suter, age 26, was sentenced today to three years probation. Suter pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Hydrochloride” in March 2018. Suter admitted to assisting Foster in possessing with the intent to distribute cocaine hydrochloride in August 2017 in Mineral County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the cases on behalf of the government. The Potomac Highlands Drug and Violent Crimes Task Force investigated.
Chief U.S. District Judge Gina M. Groh presided.Two Members of Drug Trafficking Ring Plead GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Leitscha Poncedeleon, 28, of Rochester, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, five kilograms or more of cocaine, before Chief U.S. District Judge Frank P. Geraci. The charge carries a minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine. In addition, co-defendant Orlando Yelder, 36, also of Rochester, pleaded guilty possess with intent to distribute, and to distribute, 500 grams or more of cocaine, and possession of a firearm in furtherance of drug trafficking. Those charges carry a minimum penalty of five years in prison, a maximum of 40 years, and a $5,000,000 fine.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that between April 2017 and January 29, 2018, the defendants conspired with Carlos Javier Figueroa, Roberto Figueroa, Felix Figueroa, Obed Torres, Jonathan Cruz Carmona, Freddie Silva, and others, to distribute cocaine.
In furtherance of the conspiracy, on numerous occasions Poncedeleon communicated via telephone with Freddie Silva and other individuals in Puerto Rico to coordinate the shipment of cocaine from Puerto Rico to Rochester, via the United States Postal Service. Between September 9, 2017, and January 29, 2018, Poncedeleon and other conspirators coordinated at least 25 shipments of cocaine, each containing approximately two kilograms of cocaine. Poncedeleon and others sent money via the United States Postal Service and wire transfers from Rochester to Puerto Rico as payment for the cocaine. Poncedeleon also arranged for individuals in the Rochester area to receive the packages of cocaine. Once the packages arrived in Rochester, the individuals would contact Poncedeleon who would then notify co-conspirator Carlos Javier Figueroa.
Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others, maintained a residence located at 292 Barrington Street in Rochester for the purposes of storing, manufacturing, processing, and distributing cocaine. At that location, Poncedeleon, Carlos Javier Figueroa, Roberto Figueroa, and others regularly prepared and packaged cocaine for distribution. On January 29, 2018, law enforcement officers executed a search warrant at the residence and recovered approximately three kilograms of cocaine, $230,060 in cash, eight firearms, and numerous rounds of ammunition.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives Violent Crime Task Force, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Rochester Police Department, Special Investigations, under the direction of Chief Michael Ciminelli; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Greece Police Department, under the direction of Chief Patrick Phelan; the Brighton Police Department, under the direction of Chief Mark Henderson; and U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Gregory Johnson.
Sentencing for Poncedeleon is scheduled for November 8, 2018, at 3:30 p.m. before Judge Geraci. Sentencing for Yelder is scheduled for October 19, 2018, at 11:00 a.m., also before Judge Geraci.
Three Sentenced for Immigration OffensesRead the Press Release
FRESNO, Calif. — Three citizens of Mexico were sentenced on Monday for immigration offenses related to their prior deportations, U.S. Attorney McGregor W. Scott announced.
U.S. v. Julio Cesar Delgadillo (1:18-cr-050) Delgadillo, 47, Mexican national residing in Visalia, was sentenced Monday to five years and three months in prison for being a deported alien found in the United States. He was indicted on March 8, 2018, and pleaded guilty on June 18, 2018. According to court records, Delgadillo was deported on December 1, 2016, following a prior conviction and sentence for being a deported alien found in the Unites States. According to the 2012 indictment, Delgadillo was convicted in Tulare County in 2003 of assault with a firearm and sentenced to three years in prison.
U.S. v. Ramon Quintero (1:18-cr-127) Quintero, 48, Mexican national residing in Kern County, was sentenced Monday to 18 months in prison after pleading guilty to being a deported alien found in the United States. He was indicted on June 14, 2018. According to the indictment, Quintero was previously deported on November 14, 2008, after being convicted of second degree robbery in 1999 and serving a six-year sentence.
U.S. v. Bernardo Guzman-Cruz (1:18-cr-128) Guzman-Cruz, 45, Mexican national residing in Kings County, was sentenced Monday to 18 months in prison after pleading guilty to being a deported alien found in the United States. He was indicted on June 14, 2018. According to the indictment, Guzman-Cruz was previously deported on July 14, 2012, after being convicted of a domestic violence offense in 2003 and sentenced to two years in prison.
These cases were the product of investigations by the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO).
Three Men Sentenced for Trafficking Kilogram Quantities of FentanylRead the Press Release
LEXINGTON, Ky. – Three men have been sentenced, in the United States District Court in Lexington, for their roles in a conspiracy to distribute fentanyl, an extremely powerful, Schedule II controlled substance. The total amount of fentanyl seized during the investigation was in excess of three kilograms. On Friday, United States District Judge Danny C. Reeves sentenced Miguel Esparza, 30, of Lexington, to 157 months in prison. Judge Reeves previously sentenced co-Defendant Gadiel Ortiz-Flores, 39, of Lawrenceburg, to 136 months in prison and co-Defendant Brian Walker Hensley, 38, also of Lawrenceburg, was previously sentenced to 78 months in prison.
The joint investigation, by federal and state law enforcement, into the drug trafficking activities of the defendants culminated with the execution of search warrants on their residences and their arrests, on December 5, 2017. During the early stages of the investigation, agents purchased more than 300 grams of fentanyl from the defendants. During their arrests, Ortiz-Flores and Hensley were found in possession of one kilogram of fentanyl that was intended for distribution. At Esparza’s residence, in Fayette County, law enforcement officers seized nearly two kilograms of fentanyl that was intended for distribution. Fentanyl is extremely potent and can be lethal in the two-milligram range. Additional evidence found at the Esparza residence indicated that Esparza processed the drug in his residence, including dozens of latex gloves, masks, an air filtration system, and nearly one kilogram of non-controlled substances used to dilute the potent fentanyl.
“The defendants in this case were dealing in massive quantities of dangerous drugs,” said Robert M. Duncan, Jr., United States Attorney for the Eastern District of Kentucky. “The number of overdose deaths in our community continues to rise, and the quantities of illegal drugs involved in this criminal conspiracy were placing many lives in danger. Without the outstanding work of our law enforcements partners, this prosecution would not have been possible. Their efforts removed these drugs from our streets, made our community safer, and saved lives. Prosecuting those who deal in this scourge to our community will continue to be a core priority of our Office.”
United States Attorney Duncan; Darrell Christopher Evans, Special Agent in Charge, DEA Louisville; Stuart Lowrey, Special Agent in Charge ATF Louisville; Richard Sanders, Commissioner of the Kentucky State Police; Lawrence Weathers, Chief of Police, Lexington-Fayette County Division of Police; and Joe Milam, Sheriff, Anderson County Sheriff’s Office, jointly made the announcement.
The investigation was a cooperative effort led by investigators with the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Kentucky State Police; the Lexington Police Department and the Anderson County Sheriff’s Office.
Statement by Manhattan U.S. Attorney on Conviction of Gang Member for His Role in the Murder of Jessica WhiteRead the Press Release
On June 11, 2016, Jessica White did what so many parents love to do – she took her children to the playground. There, she was killed before her children’s eyes, the victim of a stray bullet in a gang shooting. Today, a jury in the Southern District of New York unanimously found that Stiven Siri-Reynoso gave the order for that shooting. We recognize that this verdict cannot fill the gaping hole that Jessica’s death left in so many hearts. But in the face of such tragedy, we, along with our law enforcement partners, maintain our commitment to ridding our neighborhoods and playgrounds of senseless gang violence. That is what we accomplished today, thanks to the extraordinary efforts of the FBI and NYPD.
South Bend Man Sentenced to 70 Months in PrisonRead the Press Release
SOUTH BEND – Michael Mason, 28 years old, of South Bend, Indiana, was sentenced by U.S. District Court Judge Jon E. DeGuilio after pleading guilty of being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Michael Mason was sentenced to 70 months in prison followed by 1 year of supervised release.
According to documents in the case, in September 2017, Mason possessed a firearm while he was in his car in South Bend. This vehicle was involved in a high speed chase following shots fired at a home from the car. The firearm was thrown from the vehicle and subsequently recovered along with a quantity of marijuana. Prior to September 24, 2017, Mason had been convicted of reckless homicide and intimidation, both crimes punishable by more than one year of imprisonment, making them felony offenses.
This case was investigated by ATF, Mishawaka Police Department, and prosecuted by Assistant United States Attorney Frank Schaffer.
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South Bend Man Sentenced to 63 Months in PrisonRead the Press Release
SOUTH BEND – Antonio Smith, 30 years old, of South Bend, Indiana, was sentenced to 63 months in prison by U.S. District Court Judge Jon E. DeGuilio after pleading guilty to being a felon in possession of a firearm, announced United States Attorney Thomas L. Kirsch II.
According to documents in the case, Smith bought a 9 millimeter firearm while he was on parole for battery resulting in serious bodily injury. In March of 2018, he grabbed and pushed his girlfriend, who reported the incident to police. Smith was later located by police in possession of the loaded 9 millimeter firearm. Smith has a history of violence towards women and of violating probation and protective orders.
This case was investigated by the ATF and the South Bend Police Department and prosecuted by Assistant United States Attorney Molly E. Donnelly.
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Sister of PA Cyber Charter School Founder Sentenced for Filing a False Tax ReturnRead the Press Release
PITTSBURGH, PA - A resident of Aliquippa, Pennsylvania, has been sentenced in federal court to 24 months of probation, ordered to perform 75 hours of community service and ordered to pay $30,223 in restitution on her conviction of filing a false tax return, United States Attorney Scott W. Brady announced today.
Chief United States District Judge Joy Flowers Conti imposed the sentence on Elaine Trombetta Neill.
According to information presented to the court, Elaine Trombetta Neill is the sister of Nicholas Trombetta, the former founder and head of PA Cyber, an on-line cyber charter school. Elaine Trombetta Neill filed false personal tax returns which reported a large portion of the income of her brother on her personal return, thereby concealing it. The returns are also false in that they inflated the business deductions of Neill and a sham business called One2One.
Assistant United States Attorneys James R. Wilson, Stephen R. Kaufman, and Robert S. Cessar prosecuted this case on behalf of the government.
United States Attorney Brady commended the Federal Bureau of Investigation, Internal Revenue Service, Criminal Investigation and Department of Education/Office of Inspector General for the investigation leading to the successful prosecution of Trombetta Neill.
Shelton Attorney Sentenced to 13 Years in Federal Prison for Child Exploitation OffensesRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PETER G. KRUZYNSKI, 51, of Shelton, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 156 months of imprisonment, followed by 10 years of supervised release, for child exploitation offenses.
According to court documents and statements made in court, KRUZYNSKI used his mobile phone and text messaging to entice a male victim, who was under the age of 16, to engage in sexual activity. Specifically, KRUZYNSKI sent text messages to the victim asking him to come to KRUZYNSKI’s home, where KRUZYNSKI then engaged in sexual activity with the victim. In addition, on one occasion in December 2014, when the victim was 17 years old, KRUZYNSKI used his phone to take photographs of the victim engaged in sexually explicit conduct. KRUZYNSKI then threatened to send the photographs to others if the victim did not continue to engage in sexual activity with KRUZYNSKI or spend time with KRUZYNSKI. KRUZYNSKI, who was a lawyer, also threatened to use his status to jeopardize the victim’s future career hopes if the victim told others about the abuse.
KRUZYNSKI was arrested on a federal criminal complaint on September 16, 2016. He has been in custody since October 24, 2016, when his bond was revoked for failing to comply with his release conditions. On January 3, 2018, he pleaded guilty to one count of enticement of a minor to engage in sexual activity.
As part of a civil settlement, KRUZYNSKI has agreed to pay the victim $215,000, and Judge Meyer today ordered KRUZYNKI to pay restitution in that amount.
This matter was investigated by the Federal Bureau of Investigation and the Shelton Police Department. The case was prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Reno Man Sentenced to Four Years in Prison for Creating over 8,000 Fraudulent Online Accounts with Stolen Identities to Commit $3.5 Million Fraud SchemeRead the Press Release
RENO, Nev. – A Reno man who admitted to using stolen identities to create more than 8,000 fraudulent online accounts to commit a $3.5 million fraud scheme was sentenced today to 48 months in federal prison, three years supervised release, and 100 hours of community service, announced U.S. Attorney Dayle Elieson for the District of Nevada.
Kenneth Gilbert Gibson, 47, was sentenced by U.S. District Judge Miranda Du. He previously pleaded guilty to one count each of wire fraud, mail fraud, filing a false tax return, and aggravated identity theft. In addition to the prison term, he agreed to pay approximately $1 million in restitution and a $3.5 million forfeiture judgment.
Between 2012 and 2017, Gibson created a sophisticated scheme to steal the identities of multiple victims from a database in Reno. He used the stolen identities to create approximately 8,000 unauthorized and fraudulent online accounts, credit accounts, bank accounts, and prepaid cards. He would use those fraudulent accounts to transfer, deposit, and send approximately $3.5 million to himself via hard copy checks and through electronic transactions to approximately 500 bank accounts and pre-paid debit cards owned and under his control.
In addition, he admitted to filing a false federal income tax return for the 2013 tax year. He did not include approximately $1,049,070 of taxable income he received from the fraud scheme.
The case was a joint investigation by a Task Force with members from the FBI, U.S. Secret Service, IRS, U.S. Postal Inspection Service, and the Reno Police Department. Assistant U.S. Attorney Carla Baldwin Carry prosecuted the case.
If your personal information is stolen, make a report to the Federal Trade Commission (FTC) at www.identitytheft.gov or by phone at 1-877-438-4338. For identity theft prevention tips and free resources visit www.ftc.gov/idtheft.
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Raytown Man Sentenced to 11 Years for Robbery with a Plastic GunRead the Press Release
KANSAS CITY, Mo. – A Raytown, Mo., man was sentenced in federal court today for robbing a credit union with a plastic gun.
Stephen McCrary, 57, was sentenced by U.S. District Judge Gary A. Fenner to 11 years in federal prison without parole.
On Feb. 14, 2018, McCrary pleaded guilty to one count of bank robbery. McCrary admitted that he stole $3,815 from the Community America Credit Union located in the Research Medical Center, 2316 E. Meyer Blvd., Kansas City, Mo.
Surveillance footage showed McCrary approach the teller at about 3 p.m. on Sept. 7, 2016. According to court documents, McCrary approached the teller counter, put a plastic bag on the counter, pulled out what appeared to be a firearm, pointed it at the teller, and demanded “all of the money in the drawer.” The victim teller initially froze out of fear and then complied with his demands and turned over $3,815. After taking the money, McCrary fled.
A hospital security officer saw McCrary leave the hospital property and proceed towards a nearby street. Officers eventually stopped and arrested him in the neighborhood adjacent to the hospital. At the time of his arrest, he was carrying two plastic bags that contained the clothing he wore during the robbery, a black plastic replica firearm and the stolen money.
McCrary has 13 prior felony convictions in state court, four of which are convictions for first-degree robberies. All of the robberies were of businesses while McCrary was armed with a firearm, or what appeared to be an operable firearm. He has been incarcerated, on parole, or on probation for 34 of the past 39 years (since his first robbery in 1977). He was on parole for first-degree robbery when he committed the credit union robbery, having been released from state prison three months earlier.
This case was prosecuted by Assistant U.S. Attorney Matthew Moeder. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Portland Man Given Prison, Probation for Video Voyeurism at Local Daycare FacilityRead the Press Release
PORTLAND, Ore. – Jay Walter Jaacks, 50, of Portland, was sentenced today to 34 days in federal prison and five years of probation for placing a concealed video camera in the adult restroom of the Joyful Noise Child Development Center on Southwest First Avenue in Portland.
Jaacks was also ordered to complete 240 hours of community service and is permanently prohibited from entering the daycare facility or having contact with any of its employees.
On or about July 29, 2016, Jaacks concealed a video camera in a small cosmetics bag and placed it in the adult restroom of a daycare facility in Portland. The video camera captured 17 adults, both daycare employees and other parents, in various stages of undress. A daycare employee found the camera and immediately notified law enforcement. Law enforcement officials seized the camera before Jaacks could retrieve it.
All employees and families affiliated with the daycare facility have been notified of Jaacks’ crimes.
Jaacks previously pleaded guilty to 17 misdemeanor counts of video voyeurism on April 23, 2018.
The U.S. Department of Homeland Security Federal Protective Service (FPS) investigated this case. It was prosecuted by Scott Kerin, Assistant U.S. Attorney for the District of Oregon.
Pittsford Psychiatrist Charged with Health Care FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Dr. Muhammad A. Cheema, 45, of Pittsford, NY, was charged by criminal complaint with health care fraud and making false statements relating to health care matters. The charges carry a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that Dr. Cheema is a licensed physician who provides psychiatric services at his private practice, Upstate Psychiatry in Pittsford, NY, as well as at Rochester Regional Health, and various nursing homes. In addition to his private practice, Dr. Cheema was paid over $855,000 by multiple pharmaceutical companies for 341 promotional speaking engagements and 62 consulting opportunities between August 2013 and December 2016.
According to the complaint, the FBI began an investigation after learning from Excellus BlueCross BlueShield that the defendant routinely and systematically changed office visit billing codes, billed insurance companies for telephone appointments as office visits, and regularly had 30 or more patients on his daily schedule despite the fact that his daily private practice office hours were 11:00 a.m. to 5:00 p.m. A 2015 audit conducted by Excellus on eight patients during a six month time period revealed an overpayment of 54% to the defendant for services not rendered and upcoding of office visits. Dr. Cheema routinely billed 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.
Subsequent investigation by the FBI revealed that the defendant routinely upcoded office visits of patients, improperly billed health care benefit programs for services that he did not provided, and, on more than one occasion, prescribed drugs to an undercover patient without performing an physical exam or psychotherapy.
In addition, he defendant 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 FBI investigation determined that the document submitted by the defendant was fraudulent, and was generated on his desktop computer using a valid Certificate belonging a psychiatrist in Arizona.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Marian W. Payson and was released on conditions. Dr. Cheema is due back in court on September 25, 2018, at 9:30 a.m.
“These charges highlight our continued commitment 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.
“Investigations like the Cheema case highlight this crime problem,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo Office. “We are committed to rooting out fraud in health care to protect patients, their insurance companies, and the economy overall.”
New York State Financial Services Superintendent Maria T. Vullo said, “As regulator of New York’s insurance industry, DFS commends the Office of the U.S. Attorney for aggressively pursuing those who unlawfully enrich themselves at the expense of hard-working taxpayers, and looks forward to continuing our partnership to stamp out this kind of criminal activity.”
The 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.
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.Pittsburgh Man Sentenced to 13 Months in Prison for Trafficking Heroin and Fentanyl DerivativeRead the Press Release
PITTSBURGH, PA. – Shawn Atkins was sentenced to 13 months in federal prison for heroin and para-fluoroisobutyryl fentanyl trafficking while on federal supervised release for a prior heroin trafficking conviction, United States Attorney Scott W. Brady announced today.
Atkins, 24, of Pittsburgh, was sentenced by Chief United States District Judge Joy Flowers Conti. Judge Conti also ordered Atkins to serve three years of supervised release following his prison sentence. The Court was informed that Atkins possessed with intent to distribute over six bricks of heroin and para-fluoroisobutyryl fentanyl on June 9, 2017. On that date, Mr. Atkins was on federal supervised release following an 18-month prison sentence for a prior heroin trafficking conviction in 2016.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Munhall Police Department, the Drug Enforcement Administration, and the Federal Bureau of Investigation conducted the investigation leading to the conviction and sentence in this case.
Philadelphia man and Wheeling man admit to drug chargesRead the Press Release
WHEELING, WEST VIRGINIA – James R. Stewart, of Philadelphia, Pennsylvania, and Deion J. Jones, of Wheeling, West Virginia, have admitted to a drug distribution charges, United States Attorney Bill Powell announced.
Stewart, also known as James R. Steward, Jr., age 32, pled guilty to one count of “Distribution of Cocaine.” Stewart admitted to selling cocaine in Ohio County in November 2017.
Jones, age 27, pled guilty to one count of “Distribution of Oxycodone.” Jones admitted to selling oxycodone in Ohio County in June 2015.
Stewart and Jones each face up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams, Jr., is prosecuting the cases on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick P. Stamp., Jr. presided.
Norwich Man Sentenced to Prison for Role in Heroin Trafficking RingRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that NEHAMIAH CARROLL, 27, of Norwich, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 28 months of imprisonment, followed by three years of supervised release, for trafficking heroin.
According to court documents and statements made in court, this matter stems from an investigation that began after several heroin overdoses in southeastern Connecticut, including two overdose deaths involving a heroin and fentanyl mix that occurred in January 2016. The investigation, which included court-authorized wiretaps and controlled purchases of narcotics, revealed that Michael Luciano operated a drug trafficking organization that distributed heroin to numerous street-level dealers, including CARROLL, in southeastern Connecticut.
In October and November 2017, investigators surveilled CARROLL as he purchased distribution quantities of heroin from the Luciano organization. At the time, CARROLL was on state parole for a prior drug offense. On November 16, 2017, CARROLL was arrested on state charges after investigators observed him making several hand-to-hand drug transactions from a vehicle. A search of the vehicle revealed approximately five grams of heroin and more than eight grams of crack cocaine. CARROLL has been detained since his arrest.
On December 12, 2017, a grand jury in Hartford returned a 25-count superseding indictment charging CARROLL, Luciano and 19 other individuals with various heroin trafficking offenses. On May 1, 2018, CARROLL pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, heroin.
Luciano, of New London, has been detained since his arrest on November 14, 2017. On June 27, 2018, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, one kilogram or more of heroin.
This matter is being investigated by the Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, Connecticut State Police Statewide Narcotics Task Force East and the New London, Norwich, Waterford, Attleboro (Mass.) and Freetown (Mass.) Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys S. Dave Vatti and Jocelyn Courtney Kaoutzanis.
New York Man Sentenced to 53 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on July 27, 2018, United States District Court Judge Malachy E. Mannion sentenced John Maybank, age 25, of Bronx, New York, to 53 months’ imprisonment and three years of supervised release for conspiring to distribute heroin, crack cocaine, and fentanyl.
According to United States Attorney David J. Freed, Maybank pleaded guilty to conspiring to distribute controlled substances in Pennsylvania between approximately January 2016 through February 2017. Maybank admitted to working as a drug dealer in the conspiracy, and to transporting narcotics from New York to Pennsylvania. Maybank trafficked in excess of 280 grams of crack cocaine and 600 grams of heroin, the latter of which is the equivalent of approximately 24,000 potentially fatal doses of heroin.
Maybank was charged in June 2017 with 14 other individuals. All of his co-defendants have pleaded guilty, with five others having already been sentenced:
- Kassandra Martin of Wilkes-Barre, Pennsylvania, was sentenced to 60 months of imprisonment;
- Joshua Lenchick of Luzerne, Pennsylvania, was sentenced to 60 months of imprisonment;
- Kristyna Shotwell of Plymouth, Pennsylvania, was sentenced to 12 months and one day of imprisonment;
- Tanay Jones of Bronx, New York, was sentenced to a time served sentence of approximately one month of imprisonment; and
- William Waring of Bronx, New York, was sentenced to 60 months of imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Kingston Police Department, and by the Luzerne County Drug Task Force. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case also was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Monongalia County man sentenced for illegal possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Wilbur Higginbotham, of Morgantown, West Virginia, was sentenced today to 57 months incarceration for illegally possessing a firearm, United States Attorney Bill Powell announced.
Higginbotham, age 51, pled guilty to one count of “Unlawful Possession of a Firearm” in March 2018. Higginbotham, having previously been convicted of heroin and illegal firearms charges in U.S. District Court and drug charges in Prince George’s County Maryland Circuit Court, admitted to having a .22 caliber firearm in Harrison County in December 2017.
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 prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Monongalia County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.Mingo County Felon Sentenced to Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Mingo County felon was sentenced today to a year and a month in federal prison for a gun charge, announced United States Attorney Mike Stuart. Robert Lee Brewer, 58, of Kermit, previously pled guilty to being a felon in possession of a firearm. Stuart commended the investigative efforts of the Mingo County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Just like the saying, ‘Nothing good happens after midnight,’” said United States Attorney Mike Stuart. “Nothing good happens when a convicted felon possesses stolen firearms. We will prosecute these cases every day of the week in an effort to make our communities safer.”
On January 20, 2017, deputies with the Mingo County Sheriff’s Office went to Brewer’s house to investigate a report that he had purchased a stolen gun. During an interview with law enforcement, Brewer admitted that he bought the gun, an F.I.E., Model E15, .22 caliber revolver. He further admitted that he knew he was not supposed to possess guns because of his felony conviction. Brewer additionally admitted that he had a rifle in his residence, and gave deputies permission to search. Deputies located the rifle, a Savage Arms, Model Mark II, .22 caliber rifle in Brewer’s house.
Through further investigation of pawn shop records, law enforcement determined that the .22 rifle was also stolen. Furthermore, Brewer admitted that in November 2016, he had another stolen firearm, a CBC, Model 715T, .22 caliber rifle, in his residence. Brewer was prohibited from possessing any firearms under federal law because of a 2012 conviction in Mingo County Circuit Court for delivery of hydrocodone.
Assistant United States Attorney Clint Carte is responsible for the prosecution. Senior United States District Judge David A. Faber imposed the sentence.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Miami-Dade County Resident and Haitian National Charged with Cocaine Trafficking in South FloridaRead the Press Release
Two individuals, a Miami-Dade County resident and a Haitian national, have been charged with cocaine trafficking in the Southern District of Florida.
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida, and Robert F. Lasky, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
According to the Indictment, from at least as early as February 2016, and continuing through on or about March 2, 2017, Vincent Casseus, a/k/a “Angelo” 44, of Jérémie, Haiti, and Vito Antenor, 40, of Miami-Dade County, Florida, conspired to import and possess with intent to distribute 5 kilograms or more of cocaine in Miami-Dade and Broward Counties, and elsewhere. The Indictment further alleges that Casseus and Antenor possessed with the intent to distribute 500 grams or more of cocaine in Miami-Dade County, on November 6, 2016. Casseus was extradited to the U.S. Both Casseus and Antenor have appeared in U.S. Magistrate Court in Miami for their initial hearings related to this matter. Casseus is scheduled to be arraigned on August 1, 2018. Antenor’s detention hearing is scheduled for August 2, 2018 at 10:00 a.m.
If convicted of the conspiracy counts alleged in the Indictment, the defendants face a statutory minimum penalty of 10 years in prison, and a maximum of life. If convicted of possession with intent to distribute 500 grams or more of cocaine, the defendants face a statutory minimum of 5 years, and a maximum term of 40 years in prison.
This investigation and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high-level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.
Mr. Greenberg commends the investigative efforts of the FBI in this matter, with the assistance of Homeland Security Investigation, the Miami-Dade Police Department and Doral Police Department. Mr. Greenberg thanked the United States Embassy in Port au Prince, Haiti, the U.S. Drug Enforcement Administration Country Attaché in Haiti, the U.S. Department of State and the Haitian National Police. This case is being prosecuted by Assistant United States Attorney Jonathan K. Osborne.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Sentenced for Harmful Marijuana Cultivation Operation in Sequoia National Forest in Tulare CountyRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Raul Cardenas-Solis (Cardenas), 22, a citizen of Michoacán, Mexico, today to three years and 10 months in prison for conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
In addition to his prison sentence, Judge Drozd ordered Cardenas to pay $11,195 in restitution to the U.S. Forest Service to defray the costs of cleaning up the area damaged by the cultivation operation.
On March 12, 2018, Cardenas pleaded guilty to the charges. According to court documents, in July, 2017, law enforcement officers found Cardenas checking water lines at a marijuana cultivation site in the North Meadow Creek area in Tulare County in the Sequoia National Forest. Cardenas resided at the site, which contained 10,488 marijuana plants. The cultivation operation caused extensive damage to the land and natural resources as a result of deforestation, pesticide and fertilizer use, the diversion of natural water sources, and trash dumped at the site.
This case was the product of an investigation by the U.S. Forest Service with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Mexican National Pleads Guilty to Theft of Social Security BenefitsRead the Press Release
SACRAMENTO, Calif. —Roberto Alvarez-Rivera, 84, a Mexican citizen residing in French Camp, pleaded guilty today to theft of government property, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 1954, Alvarez obtained the birth certificate of his cousin, who was a U.S. citizen, and used it to create a false identity to obtain a Social Security number and residence and employment in the United States. In 1996, Alvarez filed for Social Security retirement benefits under his false identity and collected approximately $221,210 in Social Security retirement benefits from 1996 to 2017. This money was the property of the United States, and Alvarez collected the money knowing he was not entitled to it.
This case is the product of an investigation by the Office of the Inspector General, Social Security Administration. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Alvarez is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on October 22, 2018. Alvarez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Maryland Man Sentenced to 42 Months in Prison for Firearms Offense Committed After Release from Prison in Shooting CaseRead the Press Release
WASHINGTON – Vincenzo Lomax, 23, of Temple Hills, Md., was sentenced today to 42 months in prison on a federal firearms charge stemming from his possession of a loaded firearm on July 4, 2017, in Southeast Washington, announced U.S. Attorney Jessie K. Liu and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Lomax pled guilty in January 2018 in the U.S. District Court for the District of Columbia to one count of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. He was sentenced by the Honorable Christopher R. Cooper. Following his prison term, Lomax will be placed on three years of supervised release.
According to the government’s evidence, on July 4, 2017, just after 2 a.m., MPD officers were in full uniform patrolling the 3200 block of Buena Vista Terrace SE, when they observed a small group of individuals —including Lomax— in the middle of the street. Lomax was wearing a backpack strapped to the front of his chest. Approximately 10 seconds after officers stopped their car to make contact with the group, Lomax took off in a full sprint. While he ran from officers, Lomax tossed his backpack, which contained a loaded firearm, to the ground.
After tossing the backpack, Lomax jumped a fence, continued running, and hid from officers at the bottom of an exterior stairwell leading to a residence. MPD officers set up a perimeter in an attempt to ensure that Lomax did not escape. Within several minutes, police located him crouched in a fetal position hiding at the bottom of the stairwell and sweating profusely. The cellphone that he was holding was subsequently searched pursuant to a search warrant and contained several photographs of Lomax holding numerous firearms. Lomax was arrested and has remained in custody ever since.
At the time of his arrest, Lomax was on supervision with the U.S. Parole Commission in connection with a March 20, 2015 shooting that took place in broad daylight aboard a Metrobus in Southeast Washington. As the bus traveled in the 2200 block of Good Hope Road SE, Lomax and a male passenger were involved in an altercation that prompted Lomax to pull out a loaded pistol. While Lomax and the male passenger physically struggled with each other, Lomax ended up shooting a wholly uninvolved innocent woman. Fortunately, the woman’s injuries were not life-threatening. Lomax pled guilty in the Superior Court of the District of Columbia to two felony offenses related to the shooting and was sentenced in June 2015 to two years in prison. He faces formal revocation of his supervised release and additional incarceration separate and apart from the sentence that he faces for possessing a firearm on July 4, 2017.
In announcing the sentence, U.S. Attorney Liu and Chief Newsham, commended the work of the MPD officers who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Christopher Macchiaroli and Kondi Kleinman, and Paralegal Specialist Candace Battle.
Man Convicted of Sexually Assaulting Two Portland Women Given 92 Months in Prison for Illegal ReentryRead the Press Release
PORTLAND, Ore. – Sergio Martinez-Mendoza, 30, was sentenced today to 92 months in federal prison for illegal reentry. Upon completion of his prison sentence, Martinez-Mendoza will be subject to deportation.
“We must stop dangerous criminals with no right to be in the U.S. from returning to our streets and reoffending after completing their state sentences,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Giving ICE notice that a defendant is in custody on state charges is permitted under Oregon state law and could have prevented these horrific crimes. Oregonians deserve and expect more. As evidenced by this case,” continued U.S. Attorney Williams, “effective communication between federal and state law enforcement is imperative to ensure dangerous illegal aliens are identified and deported according to law.”
According to court documents, prior to July 2017, Martinez-Mendoza, a Mexican citizen, had been deported or removed from the U.S. 11 times, most recently in November 2016. After his eleventh illegal reentry, Martinez-Mendoza committed and was convicted of two violent sexual assaults against two adult females in Portland.
On July 24, 2017, Martinez-Mendoza broke into a home in Portland, pulled an adult female victim from her bed, bound her hands and feet, and proceeded to sexually assault her. During the assault, Martinez-Mendoza punched the victim in the head and slammed her face against the floor. Afterward, he stole $20 from the victim’s purse and fled.
A few hours later, Martinez-Mendoza approached a second victim in parking garage and held a knife to her chest. He knocked a cell phone from her hand and forced her into the passenger seat of her car. The victim temporarily escaped from out the passenger door, but Martinez-Mendoza caught up with her, forced her to ground, and repeatedly banged her head against the pavement.
The Multnomah County District Attorney’s Office prosecuted Martinez-Mendoza for these offenses and, in December 2017, he was sentenced to 420 months in prison. Martinez-Mendoza previously pleaded guilty in federal court to one count of illegal reentry on February 22, 2018.
This case was investigated by U.S. Immigration and Customs Enforcement and prosecuted by Leah K. Bolstad, Assistant U.S. Attorney for the District of Oregon.
Local man sentenced to 140 months imprisonment for conspiracy to distribute and distribution of methamphetamineRead the Press Release
Memphis, TN – A local man has been sentenced to 140 months imprisonment for conspiracy to possess with intent to distribute and distribution of methamphetamine. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the sentence today.
According to information presented in court, beginning in 2016 through August 2017, investigators with Alcohol, Tobacco, Firearms and Explosives (ATF) and the Multi-Agency Gang Unit (MGU) began investigating a drug trafficking organization distributing ecstasy pills, known as MDMA and methamphetamine in the Western District of Tennessee. William Green a/k/a "Mac Tuddy," 43, was identified as the source of supply for the ecstasy pills containing methamphetamine and MDMA.
U.S. Attorney D. Michael Dunavant said: "Methamphetamine continues to be a significant problem in West Tennessee, and ecstasy is a dangerous concoction that causes addiction and death at alarming rates. We commend the ATF and MGU for their outstanding work to take down this career drug offender."
During the investigation, agents used confidential sources who made recorded phone calls to meet Green and arrange to purchase ecstasy pills. In total, Green was held responsible for the distribution of over 104 grams of methamphetamine and 2.5 kilograms of MDMA, known as ecstasy pills. Based on Green’s record it was determined that he was a career offender.
On July 20, 2018, Green pleaded guilty to this charge and was sentenced by U.S. District Judge Sheryl H. Lipman to serve 140 months in federal prison.
This case was investigated by the Alcohol, Tobacco, Firearms and Explosives (ATF) and the Multi-Agency Gang Unit (MGU).
Assistant U.S. Attorney Jerry Kitchen prosecuted this case on the government’s behalf.
Jury convicts former MetroHealth Chief Operating Officer and three others in kickback and bribery schemeRead the Press Release
The former Chief Operating Officer of MetroHealth Hospital System and three other men were convicted by a jury for their roles in a conspiracy to defraud the hospital and others through a series of bribes and kickbacks totaling hundreds of thousands of dollars related to the hospital’s dental program.
Edward R. Hills, 58, of Aurora, Sari Alqsous, 34, of Cleveland, Yazan B. Al-Madani, 34, of Westlake, and Tariq Sayegh, 38, of Cleveland, were all found guilty of criminal charges following a trial that lasted several weeks. They are scheduled to be sentenced November 27.
“These defendants ripped off taxpayers and betrayed the community’s trust when they accepted hundreds of thousands of dollars in cash and other bribes,” U.S. Attorney Justin Herdman said. “Their egregious, offensive behavior lasted nearly a decade and now they will be held accountable for their actions.”
"A jury decided to hold Mr. Hills and his associates accountable for their roles in defrauding our healthcare system,” FBI Special Agent in Charge Stephen D. Anthony said. “The investigation revealed these individuals engaged in a pervasive pattern of fraud, betraying the MetroHealth Hospital System, its employees, and our community. The collective efforts of the FBI, IRS, Ohio Bureau of Criminal Investigation, Ohio Office of the Inspector General, United States Attorney's Office, and MetroHealth officials led to the disruption of this destructive illegal activity. "
“Edward Hills was placed in the utmost position of trust by MetroHealth, but he chose to abuse that position of trust for his own personal greed and ego,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “These defendants had the opportunity to come clean and tell the truth. Instead, they chose to obstruct the investigation by telling witnesses to not to cooperate with law enforcement. Now they are convicted felons facing a lengthy prison sentences for their crimes. Today’s guilty verdicts are a direct result of the excellent partnership amongst IRS Criminal Investigation, the U.S. Attorney’s Office, FBI, the Ohio Bureau of Criminal Investigation, and the Ohio Office of the Inspector General.”
“This investigation unraveled a complex scheme that involved corruption on a number of different levels,” said Ohio Attorney General Mike DeWine. “Corruption like this has no place in Ohio, and I applaud the work of all our law enforcement partners who investigated and prosecuted this case.”
Hills worked in various capacities at MetroHealth, including as Chief Operating Officer and Director of MetroHealth Dental. He also served as interim President and Chief Executive Officer from December 2012 through July 2013. Alqsous, Al-Madani and Sayegh are dentists who worked for MetroHealth.
According to court documents, testimony and documents presented at trial:
Hills, Alqsous and Al-Madani engaged in a racketeering conspiracy from 2008 through 2016 involving a series of elaborate bribery conspiracies, witness tampering and other crimes. These bribes include Hills soliciting cash, checks, a $3,879 Louis Vuitton briefcase, a 55-inch television, airline flights and use of a downtown apartment from Alqsous, Al-Madani and others. In return, Hills took official actions on their behalf, including allowing them to work at their private dental businesses during regular business hours while receiving a full-time salary from MetroHealth.
Alqsous, Al-Madani and others gave cash, checks and other things of value to Hills beginning in 2009. Evidence included text messages and meetings, often at expensive restaurants, which resulted in cash being deposited into Hills’ bank accounts.
Alqsous sent a text message to Al-Madani and another person in 2013 that stated: “With 22nd of October approaching we ll be celebrating Dr hills bday earlier this year…1000 dollars each is the gift from the 3 sons their father.” Later that day, $3,000 was deposited into Hills’ bank account.
In 2012, Alqsous rented and lived in an apartment at the Perry Payne apartment building in downtown Cleveland. When he bought a residence, Hills instructed Alqsous to continue paying rent and other bills at the Perry Payne building, even though Alqsous would no longer be living there. Hills used the Perry Payne apartment to house an associate and for his own personal use in 2013 and 2014 while Alqsous, acting on Hills’ orders, continued to pay rent and other bills.
Hills instructed Alqsous to purchase furniture for the apartment for Hills’ personal use. Alqsous sent Hills a text in 2013 stating: “I bought your bedroom yesterday…there is mirrors everywhere…You will like it.”
Hills became interim President and CEO of the MetroHealth Hospital System in December 2012. Around that time, he told Alqsous, Al-Madani and others that he wanted a specific Louis Vuitton briefcase because his predecessor had a similar briefcase.
Alqsous texted a photo of the briefcase to Hills and wrote: “The guys are also very excited about their raise haha.” Hills responded with: “Thanks I’m so excited to have my bag to start my new job as #1.” Later that day, Alqsous, Al-Madani and others purchased the briefcase for $3,879 from Saks Fifth Avenue in Beachwood and later presented it to Hills.
As director of MetroHealth Dental, Hills was responsible for determining monthly bonuses for dentists who produced receipts in excess of their monthly salary and benefits. Dentists typically received a monthly bonus totaling 25 percent of the monies they generated for excess receipts.
Between 2010 and 2014, Hills regularly upwardly adjusted the bonuses of Alqsous, Al-Madani and others, by a total of approximately $92,829.
Hills also allowed Alqsous, Al-Madani and others to retain full-time salaries and benefits at MetroHealth without requiring them to work full-time hours, thus allowing them to operate private dental clinics. Hills, acting at the request of Alqsous and Al-Madani, provided MetroHealth dental residents to practice at those private clinics during regular business hours. Neither Alqsous nor Al-Madani paid wages or salaries to the resident dentists.
Additionally, Alqsous, Al-Madani and Sayegh solicited and accepted bribes totaling tens of thousands of dollars from prospective candidates to the MetroHealth Dental residency program.
In a typical year, the MetroHealth Dental residency accepted four to six candidates for the residency program from a pool of 40 to 60 applicants. Alqsous, Sayegh and Al-Madani each had the authority to influence the selection of dental residents, and Hills had final decisional authority over who was selected for the residency program.
Alqsous and Sayegh often identified and selected candidates who were from Jordan or trained at a Jordanian dental school, telling them they would have to pay a “donation” to MetroHealth to be considered. Alqsous and Sayegh directed the candidates to pay the “donation” directly to them, and in some cases, told the candidates a portion of the money would go to Hills.
Alqsous, Sayegh and Al-Madani solicited at least $75,000 in bribes from resident dentist candidate between 2008 and 2014.
In another conspiracy, Al-Madani and Alqsous paid bribes to Hills in exchange for him taking actions to refer Medicaid recipients to private dental clinics owned by Al-Madani and Alqsous instead of MetroHealth. All three took steps to conceal this activity by claiming kickback checks totaling $17,600 written to Hills were for “consultation fees” or “professional fees”.
Hills, Alqsous and Al-Madani also conspired to obstruct justice, instructing people not to cooperate with law enforcement after becoming aware of the federal investigation in 2014.
Hills also made false statements on tax returns, failing to claim approximately $165,751 in unreported income stemming from bribes, kickbacks and other things of value between 2011 and 2013.
This case was prosecuted by Assistant U.S. Attorneys Om Kakani, Michael L. Collyer and James Lewis following an investigation by the FBI, IRS-CI, Ohio Bureau of Criminal Investigation and the Ohio Office of the Inspector General.
Jordanian National Arrested in New York to Face Charges for a Conspiracy to Bring Aliens into the United StatesRead the Press Release
WASHINGTON – A Jordanian national residing in Monterrey, Mexico was arrested Saturday on arrival at JFK International Airport to face a criminal complaint issued in the Western District of Texas for his role in a scheme to smuggle special interest aliens from Mexico into the United States.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney John F. Bash of the Western District of Texas and Special Agent in Charge Shane M. Folden of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) San Antonio made the announcement.
On May 29, an arrest warrant was issued pursuant to a criminal complaint, which alleges that in the later half of 2017, Moayad Heider Mohammad Aldairi, 31, conspired with others to smuggle six Yemeni nationals across the Texas border and into the United States in exchange for a fee.
Aldairi was presented today before U.S. Magistrate Judge Marilyn D. Go in the Eastern District of New York for his initial appearance. At the hearing, Judge Go ordered that Aldairi be held pending transfer to the Western District of Texas for further criminal proceedings.
“Aldairi allegedly smuggled six Yemeni citizens across the Mexican border and into the United States,” said Assistant Attorney General Benczkowski. “Alien smuggling puts our national security at risk, and the Criminal Division is dedicated to enforcing our immigration laws and disrupting the flow of illegal aliens into the United States.”
“The arrest of Aldairi showcases HSI’s unique ability to coordinate investigative efforts across international boundaries with multiple countries and different agencies throughout the U.S. Government,” said HSI Special Agent in Charge Folden. “Attacking the leader/organizers of illicit international pathways for aliens from certain countries of interest will always be a priority of HSI.”
This case is being investigated by HSI Eagle Pass, with assistance from HSI New York, HSI Jordan and the U.S. Embassy of Jordan. The investigation is being conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
This case is being prosecuted by Trial Attorney James Hepburn of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Matthew Watters of the Western District of Texas.
The charges contained in the complaint are merely allegations and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jefferson County man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Tyler Hall, of Ranson, West Virginia, was sentenced today to five years probation for a firearms charge, United States Attorney Bill Powell announced.
Hall, age 27, pled guilty to one count of “Drug User in Possession of a Firearm – Aiding and Abetting” in March 2018. Hall admitted to illegally possessing a Taurus 38 Special handgun. The crime occurred in September 2015 in Jefferson County.
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.Jacksonville Man Sentenced to Seven Years in Federal Prison for Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – Senior United States Judge Richard W. Goldberg has sentenced Jason James Neiheisel (28, Jacksonville) to seven years in federal prison for sharing child sex abuse videos and making them available online for distribution. Neiheisel was also ordered to serve a five-year term of supervised release and to register as a sex offender. A federal jury found him guilty in April 2018.
According to evidence and testimony at trial, an FBI task force officer (TFO) conducted an online investigation of individuals using the internet to trade child pornography and identified a host computer in Jacksonville that was offering child sex abuse videos for distribution. The TFO downloaded approximately 48 videos, several of which depicted young children being sexually abused, from a computer using the internet protocol address at Neiheisel’s apartment in Jacksonville. On April 11, 2017, FBI agents interviewed Neiheisel at his home. He told the agents that he had used a file-sharing network, had downloaded child pornography for “a while,” and that he enjoyed the “thrill of the hunt” to see what kind of child pornography he could find.
Neiheisel’s computer was seized and a forensic examination confirmed that he had used it to access the file-sharing network. Neiheisel also admitted that he knew that he had made the child pornography videos available to anyone on the file-sharing network who wished to participate.
This case was investigated by the Columbia County Sheriff’s Office and the FBI. It was prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States 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.usdoj.gov/psc.
Inmate Indicted for Assaulting Two Correctional OfficersRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Benito Flores, age 38, an inmate at United States Penitentiary Allenwood (USP Allenwood), Allenwood, Pennsylvania, was indicted on July 26, 2018, by a federal grand jury for assaulting two correctional officers.
According to United States Attorney David J. Freed, the indictment alleges that on June 4, 2017, Flores kicked and elbowed correctional officers while they performed their official duties.
The case was investigated by the Federal Bureau of Investigation and USP Allenwood. Assistant U.S. Attorney Alisan VanFleet is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each offense is eight years of imprisonment, $250,000 fine, and a three year term of supervised release. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Illegal Aliens Pleads Guilty to Unlawfully Reentering United States as Convicted FelonRead the Press Release
Gulfport, Miss. – Alfredo Pavon-Carranza, 28, an illegal alien from Mexico, pled guilty before U.S. District Judge Sul Ozerden to unlawfully re-entering the United States after having been removed previously as a convicted felon, announced U.S. Attorney Mike Hurst and Gregory A. Bovino, Chief Patrol Agent of the U.S. Border Patrol’s New Orleans Sector. Pavon-Carranza is scheduled to be sentenced by Judge Ozerden on November 8, 2018. He faces a potential maximum penalty of 10 years in prison followed by three years of supervised release and a maximum $250,000 fine.
On April 30, 2018, the U.S. Border Patrol received a phone call from a concerned citizen regarding a previously removed alien. The caller stated Alfredo Pavon-Carranza had returned to his residence in Biloxi, Mississippi, and had allegedly made a threat against a neighbor. A Biloxi Police Department “Be On the Look-out” Bulletin and Department of Homeland Security records checks corroborated the caller. Subsequent surveillance confirmed Pavon-Carranza’s address and he was arrested.
On September 13, 2017, a U.S. Immigration Judge in Oakdale, Louisiana, had ordered Pavon-Carranza removed from the United States. Pursuant to the judge’s order, Pavon-Carranza departed the United States on October 3, 2017. Pavon-Carranza had been convicted of a felony offense before his removal from the United States. Specifically, on April 4, 2008, Pavon-Carranza was convicted of Aggravated Assault, and was sentenced to five years in state prison.
U.S. Attorney Hurst commended the work of the City of Biloxi Police Department and the United States Border Patrol. Assistant United States Attorney Stan Harris is the prosecutor for the case.
Huntington Woman Pleads Guilty to Distributing Heroin/Fentanyl MixRead the Press Release
HUNTINGTON, W.Va. – A Huntington woman who was caught selling heroin and fentanyl in 2016 pled guilty today in federal court in Huntington, announced United States Attorney Mike Stuart. Ashley Dawn Russell, 26, entered a guilty plea to distribution of heroin and fentanyl before United States District Judge Robert C. Chambers. Stuart commended the investigative work done by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
“Drug dealers are mixing fentanyl with everything from heroin to meth and marijuana,” said United States Attorney Mike Stuart. “Fentanyl is deadly. As part of Project Huntington and the newly announced Operation Synthetic Opioid Surge initiative, we are prosecuting dealers of synthetic opioids to the fullest extent of the law regardless of quantity. We will clean up these streets no matter how many dealers we have to prosecute.”
Russell admitted that on August 3, 2016, she assisted Traemone Miller in conducting a drug transaction at 904 Marcum Terrace in Huntington. On that date, a confidential informant met with Miller and gave him $700 which was the purchase price for heroin. Miller left the apartment and provided Russell with heroin which she then distributed to the informant. A chemist with the West Virginia State Police laboratory confirmed after forensic analysis that the heroin was in fact approximately 5 grams of a heroin and fentanyl mixture.
Russell faces up to 20 years in federal prison when she is sentenced on November 13, 2018.
Assistant United States Attorney Joseph F. Adams is handling the prosecution.
The drug prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Harrisburg Women Charged with Maintaining A Drug-Involved PremisesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Phiniqua Moore, age 19, of Harrisburg, Pennsylvania, was charged on July 27, 2018, in a criminal information with maintaining a drug-involved premises.
According to United States Attorney David J. Freed, the information alleges that between November 2017 and December 2017, Moore maintained premises located on Hunter Street in Harrisburg for the purpose of distributing cocaine base and marijuana.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrisburg City Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is imprisonment for 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Georgia Pair Arrested for Role in Interstate Jury-Duty ScamRead the Press Release
BIRMINGHAM – The FBI today arrested two Georgia residents on charges they took part in an interstate jury-duty scam, announced U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr. and U.S. Marshal Martin Keely.
A one-count indictment filed in U.S. District Court for the Northern District of Alabama charges TEIANA MARIE TAYLOR and ORENTHIAL WALKER, both of Decatur, Georgia, with conspiring together and with others to commit wire fraud with false information concerning jury duty. They were arrested in Georgia.
“Scammers like these undermine the authority of the courts and federal law enforcement agencies dedicated to the rule of law,” Town said. “It is important for everyone to understand, in an effort to avoid becoming a victim, that federal agencies will never call you on the phone and demand money. We do not, typically, call ahead.”
According to the indictment, a member of the conspiracy would call a resident of the Northern District of Alabama, falsely claim to be a federal official, falsely claim that a judge had issued an arrest warrant for the resident, and then demand immediate payment of money. If the resident agreed to pay, the caller would demand that the victim transfer the money by means of gift cards or through commercial money transfer services to an account controlled by the conspiracy. Walker, 42, and Taylor, 35, would then withdraw the proceeds of the fraud and transfer them as directed by the conspiracy, according to the indictment.
The maximum penalty for conspiracy to commit wire fraud is 20 years in prison and a $250,000 fine.
Victims of this fraud commonly report that the scammers sound convincing and speak authoritatively. The scammers may use real information about the victim and accurate court addresses. They may also use the real names of law enforcement officers, court officials, and federal judges to make the scam appear more credible. They may even “spoof” the phone number on caller ID so that it falsely appears to be from the court or a government agency.
Citizens can protect themselves by knowing these facts about federal jury service:
●The court will always send a jury summons by U.S. Mail.
●The court and law enforcement will never demand payment over the phone.
●The court and law enforcement will never demand a gift card number to satisfy an obligation.
●A prospective juror who disregards a jury summons will be contacted through the mail by the court clerk’s office and may, in certain circumstances, be ordered to appear before a judge. Such an order will always be in writing and signed by the judge.
●A fine will never be imposed until after the individual has appeared in court and been given the opportunity to explain his or her failure to appear. If a fine is imposed, it will be in open court and reduced to writing (and will not be payable by gift card number).
Citizens who wish to verify whether they were summoned for federal jury duty may contact the Northern District of Alabama’s jury office at 1-800-222-8715. Citizens can report a scam phone call by contacting the FBI Birmingham Field Office at 205-326-6166.
The FBI and the U.S. Marshals Service investigated this case, which Assistant U.S. Attorney Jonathan S. Keim is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.