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14 June 2017
Albany Man Arrested on Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – Christopher J. Pratt, age 53, of Albany, appeared today in federal court on charges that he possessed child pornography.
The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The complaint filed against Pratt alleges that two child pornography videos were distributed from a computer at his home. When investigators executed a search warrant at Pratt’s home, they found a computer containing additional child pornography. The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
Today, United States Magistrate Judge Christian F. Hummel ordered Pratt detained pending further proceedings.
The charge filed against Pratt carries a maximum sentence of 20 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the FBI and the Albany County Sherriff’s Office, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
13 June 2017
Woman Arrested for Wire Fraud, Theft of Government Money, and Making a False Statement to the GovernmentRead the Press Release
St. Croix, USVI – Aesha Rivers, 41, made her initial appearance Monday before U.S. Magistrate Judge George W. Cannon after being indicted on 75 counts of wire fraud, theft of government money, and making a false statement to the government, Acting United States Attorney Joycelyn Hewlett announced. Judge Cannon released Rivers on an unsecured bond.
According to the indictment, Rivers knowingly devised a scheme to unlawfully use her Overseas Housing Allowance (OHA) to obtain government money, by means of wire, that she was not entitled to receive. Rivers was a member Virgin Islands National Guard (VING) and between June 1, 2011, and June 20, 2015, she applied for and received OHA funds by submitting fraudulent applications for federal funds.
If convicted, Rivers faces a maximum penalty of 20 years in prison for each of the wire fraud counts; 10 years in prison for theft of government money; and five years in prison for making a false statement.
This case is being investigated by the U.S. Army CID–Major Procurement Fraud Unit. It is being prosecuted by Assistant U.S. Attorney Anna A. Vlasova.
Acting United States Attorney Hewlett reminds the public that an indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
University of Rochester to Pay More Than $100,000 to Resolve False Claims Act LawsuitRead the Press Release
SYRACUSE, NEW YORK – United States Attorney Richard S. Hartunian and New York State Attorney General Eric. T. Schneiderman announced today that the University of Rochester (UR), which among other things operates a teaching hospital based in Rochester, New York, will pay $113,722.10 to resolve allegations that it violated the federal and New York False Claims Acts by improperly using a billing modifier on certain healthcare claims at UR’s Flaum Eye Institute, resulting in UR receiving payments to which it was not entitled.
A provider’s use of a modifier on a healthcare claim can allow the provider to receive compensation when it would otherwise be unavailable under applicable regulations. Here, modifier 25 may be added to certain healthcare claims where the provider renders a significant, separately identifiable evaluation and management service to the same patient on the same day as another procedure or other service. Modifier 25 should be used only when the evaluation and management service is above and beyond the usual pre-and-post operative work of a procedure and the need for the additional service is supported by the medical record. By using modifier 25 when the foregoing conditions were not present, UR received higher compensation than it should have received for certain ophthalmology services claims it submitted to government payers. For example, in certain instances UR performed and billed for ophthalmology procedures known as intravitreal injections (i.e. injections into the eye) and then billed modifier 25 for additional evaluation and management services to the same patients, although the medical records lacked sufficient documentation to support billing for care beyond the injection procedure itself.
This investigation was triggered by a whistleblower lawsuit filed under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, knowns as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive $19,332.76 of the settlement proceeds. This case is docketed with the United States District Court for the Northern District of New York under number 5:15-cv-266 (MAD/TWD).
UR disclosed its improper use of modifier 25 to the government before becoming aware of the lawsuit.
“Today’s settlement reflects my office’s commitment to using the False Claims Act to protect the public fisc and to vigorously investigative cases brought to our attention by whistleblowers,” said U.S. Attorney Richard S. Hartunian. “It also reflects UR’s self-disclosure of the conduct at issue to the government, a practice that this Office commends, before UR had knowledge that a relator had filed a qui tam complaint.”
“When an organization catches an error in their Medicaid billing and self-reports, it prevents hardworking New York taxpayers from having to absorb the cost,” said New York Attorney General Eric T. Schneiderman. “I commend UR for their willingness to come forward, and for their cooperation throughout this matter. Reimbursing Medicaid for false claims is vital to the integrity of the program, and we will continue working to ensure that all providers repay what is owed.”
“This settlement is another example of our commitment to holding health care providers accountable for their billing practices,” said Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations. “HHS-OIG will continue to protect the federal health care programs intended for our most vulnerable Americans.”
This investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York, the New York State Attorney General’s Office, and U.S. Department of Health and Human Services Office of the Inspector General. The United States was represented by Assistant United States Attorney Michael D. Gadarian and New York State was represented by Special Assistant Attorney General Paul R. Berry.
U.S. Attorney’s Office Enters into Agreement with Town of Wales to Ensure Physical Accessibility of Town Hall and Senior CenterRead the Press Release
BOSTON – Acting United States Attorney William Weinreb announced today that his office has entered into a settlement agreement with the Town of Wales to ensure the accessibility of Town Hall and the Senior Center under Title II of the Americans with Disabilities Act (ADA).
“Ensuring that individuals with disabilities have unimpeded ability to access local government services is critical,” said Acting U.S. Attorney Weinreb. “I would like to commend the Town of Wales for its cooperation and eagerness to address the accessibility issues identified during our review and its commitment to ensuring that every resident can access public services.”
The agreement is the result of a compliance review conducted by the Civil Rights Unit in response to a complaint filed with the United States Attorney’s Office. This matter was handled by Assistant U.S. Attorney Michelle Leung of Weinreb’s Civil Rights Unit and Jessica Driscoll of Weinreb’s Civil Division.
Federal law requires state and local government entities to provide individuals with disabilities equal access to facilities. The ADA authorizes the U.S. Department of Justice to undertake periodic reviews of covered establishments. For more information on the ADA, visit their website at www.ADA.gov.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two Louisiana Men Sentenced for Conspiracy to Sell Devices to Cheat Vehicle Emissions TestsRead the Press Release
SYRACUSE, NEW YORK – Charles Edward Bayer, Jr., 33, and Darren Kattan, 31, of Lafayette and Baton Rouge, Louisiana, were sentenced today in United States District Court in Syracuse for conspiring to commit mail fraud and violate the Clean Air Act by developing and selling simulator devices programmed to bypass motor vehicle emissions inspections tests, announced United States Attorney Richard S. Hartunian and Vernesa Jones-Allen, Special Agent in Charge, United States Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”), New York Area Office. Bayer and Kattan were each sentenced to three years of Probation, and each of them will spend the first four months of Probation on house arrest. In addition, Bayer was ordered to pay a fine of $5,000, and Kattan was ordered to pay a fine of $10,000.
In pleading guilty, Darren Kattan admitted that between 2010 and 2013 he designed, built, and sold motor vehicle simulator devices that allowed vehicles to bypass state motor vehicle emissions inspections tests. Kattan admitted that, with other co-conspirators (including Bayer), he helped create and distribute at least 170 simulator devices throughout the country. Kattan was arrested by Special Agents of the Environmental Protection Agency-Criminal Investigation Division (“EPA-CID”) in an undercover sting operation in Louisiana after Kattan turned over the source codes for his devices in exchange for a $10,000 payment.
As part of his guilty plea, Charles Edward Bayer admitted that between 2011 and 2013 he purchased Kattan’s remaining inventory of simulator devices and software and continued to sell and manufacture these devices knowing that they were used to illegally bypass motor vehicle inspections.
This case was investigated by EPA-CID and the New York State Department of Environmental Conservation, Division of Law Enforcement, and was prosecuted by Assistant U.S. Attorney Michael F. Perry and Senior Trial Attorney Todd Gleason, United States Department of Justice, Environmental and Natural Resources Division.
Twice Federally Convicted Felon Found Guilty by Federal Jury of Methamphetamine Trafficking OffensesRead the Press Release
Acting United States Attorney Gregory G. Brooker announced the conviction of ELFRED WILLIAM PETRUK, 38, for methamphetamine trafficking-related offenses. After a four-day trial before U.S. District Judge Ann D. Montgomery in Duluth, Minn., the jury found PETRUK guilty of one count of conspiracy to distribute methamphetamine and one count of possession with intent to distribute methamphetamine. A sentencing hearing has been set for October 18, 2017.
“We've had Elfred Petruk on our radar for a number of years, and now after this third federal indictment and conviction, we couldn't be more satisfied with the jury's decision yesterday,” said Special Agent in Charge James Modzelewski of ATF's Saint Paul Field Division. “We target Minnesota's most violent offenders and through the shared perseverance of ATF and our partners on the Lake Superior Drug and Violent Crime Task Force, we can finally put this incredibly violent man behind bars.”
According to the evidence presented at trial, in July 2016, law enforcement agents received information that PETRUK, who had just been placed on federal supervised release at the time, was trafficking large quantities of methamphetamine from the Twin Cities area to the Twin Ports area. In September 2016, on multiple occasions, law enforcement agents observed PETRUK traveling from Twin Ports to the Twin Cities, making short-duration stops at remote locations and at homes of known methamphetamine users and dealers. On September 20, 2016, agents stopped and detained PETRUK and, upon execution of a search warrant, recovered more than 800 grams of methamphetamine hidden in a compartment under the hood of PETRUK’S vehicle.
According to the evidence presented at trial and documents filed in court, following PETRUK’S arrest, law enforcement agents executed search warrants at several of the locations in Duluth, Minn. and Superior, Wisc. suspected to be involved with PETRUK’S drug-trafficking activities. During the course of the searches, law enforcement agents seized a loaded 9mm handgun, methamphetamine, cash, digital scales, packaging materials, and other drug-trafficking paraphernalia.
The defendant has multiple prior state court convictions and two prior federal convictions. In September 2006, PETRUK pleaded guilty in federal district court to one count of possession with intent to distribute methamphetamine and was sentenced to 120 months in prison. In July 2015, PETRUK was found guilty by a federal jury of one count of corruptly attempting to obstruct an official proceeding and was sentenced to 46 months in prison.
This case is the result of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Duluth Police Department, the Superior, Wisconsin Police Department, and the Lake Superior Drug and Violent Crime Task Force. Assistant U.S. Attorneys Allen A. Slaughter and Benjamin Bejar prosecuted the case.
Defendant Information:
ELFRED WILLIAM PETRUK, 38
Duluth, Minn.
Convicted:
- Conspiracy to distribute methamphetamine, 1 count
- Possession with intent to distribute methamphetamine, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Three Men Sentenced for Multiple Cell Phone Store Armed RobberiesRead the Press Release
LAS VEGAS, Nev. – Three men from Las Vegas were sentenced on Tuesday to federal prison for their roles in a string of armed robberies of cell phone stores, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Fred Oaxaca, 20; Martin Garcia, 20; and Luis Cuevas, 22, were sentenced to 120 months, 120 months, and 85 months, respectively, by U.S. District Judge Richard F. Boulware II. Another defendant, Marcus Hammon, 22, was sentenced to 105 months by U.S. District Judge Kent J. Dawson on March 28, 2017.
On Dec. 13, 2016, Hammon pleaded guilty to one count of interference with commerce by robbery and one count of use of a firearm during and in relation to a crime of violence. On Dec. 15, 2016, Oaxaca pleaded guilty to three counts of interference with commerce by robbery and one count of use of a firearm during and in relation to a crime of violence; Garcia pleaded guilty to two counts of interference with commerce by robbery and one count of use of a firearm during and in relation to a crime of violence; and Cuevas pleaded guilty to one count of interference with commerce by robbery and one count of use of a firearm during and in relation to a crime of violence.
According to their individual plea agreements, on Feb. 16 and 25, 2016, Oaxaca, Garcia, and Cuevas committed a robbery of an AT&T store and a Verizon Wireless store. Hammon also participated in the Feb. 25, 2016 Verizon Wireless store robbery. During the course of the robberies, Oaxaca, Garcia, and Hammon brandished firearms and at gunpoint ordered the employees and customers to go to the rear of the store and to lay face down on the ground. They stole cell phones, electronics, and cash from the store and fled the scene in a vehicle being driven by Cuevas, who had remained outside.
In addition, Oaxaca admitted that, on Feb. 12 and 18, 2016, he and other co-conspirators committed robberies of two T-Mobile stores. During the course of the robberies, Oaxaca brandished a firearm and at gunpoint ordered the employees to go to the rear of the store and to lay face down on the ground. A co-conspirator then used a zip-tie to secure the employees’ hands behind their back. They stole cell phones, electronics, and cash from the store. In addition, the defendants admitted that the total loss attributed to all of the store robberies was in excess of $95,000, but less than $500,000.
The case was investigated by the FBI and the Las Vegas Metropolitan Police Department. The case was prosecuted by Assistant U.S. Attorney Phillip N. Smith Jr.
This case was brought as part of Project Safe Neighborhoods, a nationwide commitment by the Department of Justice to reduce gun and gang crime in America by networking local programs that target gun and gun crime and providing these programs with additional tools necessary to be successful. For more information about Project Safe Neighborhoods, visit www.justice.gov/usao-nv.
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Suburban Musician Arrested on Child Pornography Charges for Allegedly Enticing Underage Girls to Produce Sexually Explicit VideosRead the Press Release
CHICAGO — Federal authorities have arrested a west suburban musician for allegedly enticing underage girls to produce sexually explicit videos of themselves.
AUSTIN JONES, 24, of Bloomingdale, chatted with two underage girls on Facebook and enticed them to produce pornographic videos of themselves and send them to him, according to a criminal complaint and affidavit filed in federal court in Chicago. Jones is a musician with a significant following on social media sites such as Facebook and Twitter, the complaint states. His music videos have been viewed millions of times on the Internet, including on YouTube, the complaint states.
The complaint charges Jones with two counts of producing child pornography. Jones was arrested on Monday at O’Hare International Airport in Chicago. He made his initial court appearance this afternoon before U.S. Magistrate Judge Michael T. Mason. Judge Mason ordered Jones to remain in federal custody until a detention hearing on June 14, 2017, at 2:30 p.m.
The complaint was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and James M. Gibbons, special agent-in-charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago. The Illinois Attorney General’s Office’s Internet Crimes Against Children Task Force and the Bloomingdale Police Department participated in the investigation.
According to the complaint, Jones chatted with one victim in August 2016, and with the other victim last month. The victim from last August stated in a Facebook chat with Jones that she was his biggest fan, the complaint states. Jones repeatedly told her that she was “lucky” to have his attention, and that she needed to “prove” that she was his biggest fan by producing the sexually explicit videos and sending them to him, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of production of child pornography is punishable by a minimum sentence of 15 years in prison and a maximum of 30 years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
HSI led the investigation. The government is represented by Assistant U.S. Attorney Katherine Neff Welsh.
If you believe you are a victim of sexual exploitation, you are encouraged to call the ICE Tip Line at 1-866-DHS2-ICE (1-866-347-2423) or the National Center for Missing and Exploited Children at 1-800-843-5678. The hotlines are available 24 hours a day, seven days a week.
Suburban Chicago Physician Sentenced to 30 Months in Federal Prison on Bribery ChargeRead the Press Release
ROCKFORD — A Suburban Chicago physician was sentenced Monday by U.S. District Judge Frederick J. Kapala to 30 months in federal prison, to be followed by a term of supervised release of one year, for bribery concerning health care programs receiving federal funds.
NEIL SHARMA, 37, of Lemont, who pleaded guilty to the charge on Feb. 2, 2017, has been a licensed Illinois physician since March 2011. Between September 2013 and March 2015, he was the Medical Director of a company identifed in court records as "Company A," a managed care services company that contracted to provide health care services to Medicare and Medicaid patients. As stated in a plea agreement, the State of Illinois contracted with Company A to provide skilled nursing services to patients located in certain facilities. These patients were covered by Medicare, Medicaid, or both. In early 2015, Company A subcontracted with three other companies to provide skilled nursing services. Sharma admitted that from Feb. 13, 2015 to March 13, 2015, he corruptly solicited bribes from an owner of one of the three subcontractors.
In exchange for the bribes, Sharma stated that he would provide the subcontractor with more skilled nursing patients and with additional Medicaid and Medicare patients through Company A’s anti-depressant monitoring program and hospital re-admission program. As stated in the plea agreement, the additional business Sharma promised in exchange for the bribes would bring in millions of dollars to the subcontractor. Sharma accepted cash payments of $2,500 and $7,500 from the owner of the subcontractor before being arrested by FBI agents.
The sentence was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorney Scott R. Paccagnini.
Southern California Resident Sentenced to 34 Months in Prison for Role in Bank Fraud ConspiracyRead the Press Release
SAN FRANCISCO – Michael Inman was sentenced to 34 months in prison for his role in a bank fraud conspiracy, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down June 7, 2017, by the Honorable Charles R. Breyer, U.S. District Judge, following a guilty plea in which Inman admitted he participated in a scheme to steal checks, open fraudulent bank accounts, write fraudulent checks, and deposit stolen and fraudulent checks as part of a bank fraud scheme.
Inman, 55, of Los Angeles, Calif., pleaded guilty on February 8, 2017, to participating in the bank fraud conspiracy. According to the plea agreement, Inman admitted that beginning in January of 2013, he agreed with at least one other person to commit bank fraud. The plea agreement describes a number of transactions in which Inman stole high value cashier’s checks from the victim and he and his co-conspirators used the stolen identity of the victim to write and deposit fraudulent checks. For example, in January of 2013, members of Inman’s conspiracy opened a bank account in the name of the victim and, in February of 2013, a co-conspirator deposited into the account a stolen $99,000 cashier’s check that had been made out to the victim. Similarly, Inman admitted that in June of 2013, co-conspirators opened another two fraudulent accounts and deposited a $99,000 check. Further, Inman admitted participating in a scheme in which people were provided checks drawn on the fraudulent bank accounts.
A grand jury indicted Inman on February 11, 2016, charging him with one count of conspiracy to commit mail fraud, wire fraud, and bank fraud, in violation of 18 U.S.C. § 1349. Pursuant to the plea agreement, Inman pleaded guilty to the conspiracy count.
In addition to the prison term, Judge Breyer sentenced Inman to pay $198,000 in restitution to the victim and to forfeit $198,000. Judge Breyer ordered the defendant to begin serving his sentence on or before August 2, 2017.
Assistant U.S. Attorneys Marc Price Wolf and Claudia A. Quiroz are prosecuting the case with assistance from Kevin Costello, Yanira Osorio, and Lance Libatique. The prosecution is the result of an investigation by the FBI.
South Bay Methamphetamine Trafficker Sentenced to Ten Years in PrisonRead the Press Release
SAN JOSE – Anthonio Rueda-Ayala was sentenced today to 120 months in prison for his role in a conspiracy to possess with the intent to distribute methamphetamine announced United States Attorney Brian J. Stretch and Drug Enforcement Administration (DEA) Special Agent in Charge John J. Martin. The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge, following the entry of Rueda-Ayala’s guilty plea to the charge on December 19, 2016.
According to his plea agreement, Rueda-Ayala, 31, of San Jose, admitted that beginning in June of 2013, and continuing through December of that year, he entered into an agreement with codefendant Marco Antonio Ochoa-Valladares (“Valladares”) and others to possess with the intent to distribute methamphetamine. Specifically, Rueda-Ayala admitted he received approximately fifteen pounds of methamphetamine from Valladares so that he could distribute the methamphetamine in various places in California. The defendant admitted that in August of 2013, he put the methamphetamine in a hidden compartment located under the front passenger seat of his sport utility vehicle and traveled from Modesto to Chowchilla, Calif. Along the way, Rueda-Ayala stopped in Whittier and Corona to distribute portions of the methamphetamine. As he was traveling through Chowchilla, Rueda-Ayala was pulled over by the California Highway Patrol. A search of his vehicle revealed thirteen one-gallon sized zip-lock bags containing crystal methamphetamine in the hidden compartment of the car. Rueda-Ayala acknowledged the zip-lock bags contained 6,334 net grams of actual methamphetamine.
On January 16, 2014, a federal grand jury indicted Rueda-Ayala, Valladares, and three other co-conspirators for their alleged respective roles in the conspiracy to distribute methamphetamine. Each of the co-defendants was charged with participating in the same conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, and 21 U.S.C. § 841(a)(1). Pursuant to his guilty plea, Ramirez pleaded guilty to the charge.
In addition to the prison term, Judge Davila ordered Rueda-Ayala to serve a five-year period of supervised release. Rueda-Ayala currently is out of custody on a secured bond. Judge Davila ordered the defendant to surrender on or before August 16, 2017, to begin serving his sentence. Valladeras pleaded guilty to his role in the conspiracy on January 30, 2017, and on April 20, 2017, Judge Davila sentenced Valladeras to 132 months in prison and five years of supervised release.
Assistant U.S. Attorney Jeffrey Backhus is prosecuting the case with the assistance of Ryka Barghi. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Somersworth Man Sentenced to 78 Months for Credit Union Robbery and Criminal ThreateningRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Eric Rouleau, 37, most recently of Somersworth, New Hampshire, was sentenced to 78 months in federal prison for robbing a credit union and mailing threatening communications.
According to pleadings filed with the court and statements made at today’s hearing, Rouleau robbed the Northeast Credit Union in Rochester on April 22, 2016 by entering the credit union and producing a note demanding money and saying no one would get hurt. After obtaining a sum of money, he left the bank on foot. Images of the robber were captured by the credit union’s surveillance system and distributed to the media. A short time later, Rouleau was positively identified as the robber.
In a matter unrelated to the robbery and while incarcerated pending trial on the robbery charge, Rouleau sent through the United States mail a series of threatening letters to a former girlfriend. A restraining order prohibiting contact with the former girlfriend was in place when one of the letters was mailed.
Rouleau pleaded guilty to the charges on March 3, 2017. After being released from prison, he will be on supervised release for three years. was also ordered to pay restitution to the credit union.
The case was investigated by the Rochester Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Helen White Fitzgibbon and Donald Feith.
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Smith County Man Sentenced for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas - A 34-year-old Tyler, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Nyrearae Lewis pleaded guilty on Jan. 5, 2017, to possession with intent to distribute crack and powder cocaine and was sentenced to 57 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on May 5, 2016, Lewis transported approximately 130 grams of cocaine to a residence in Tyler, Texas, with the intent to sell the cocaine. Once Lewis arrived at the house, he was assisted by the homeowner in converting some of the cocaine to approximately 44 grams of crack. The homeowner declined to purchase any of the cocaine so Lewis left with the cocaine he brought to the residence, including the 44 grams of newly converted crack cocaine. Shortly thereafter the vehicle Lewis was in was stopped for a traffic violation and the cocaine was located under the passenger seat where Lewis was seated. Lewis was indicted on Aug. 17, 2016 and charged with drug trafficking violations.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Tyler Police Department, Texas Department of Public Safety – Law Enforcement Division, and prosecuted by Assistant U.S. Attorney Jim Noble.
Rochester Man Admits to Bank RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Little, 47, of Rochester, NY, pleaded guilty to bank robbery before U.S. District Judge Charles J. Siragusa. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the defendant robbed the First Niagara Bank located at 2255 East Ridge Road in Rochester. During the robbery, Little handed a teller a note, which read, “this is a robbery,” and demanded all of the money in the teller’s top drawer. The teller complied the defendant left the bank with the money.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the Rochester Police Department, under the direction of Chief Michael Ciminelli, and the New York State Police, under the direction of Major Richard Allen.
Sentencing is scheduled for September 14, 2017, at 9:15 a.m., before Judge Siragusa.
Richmond Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
RICHMOND, Va. – A Richmond man pleaded guilty today to felon in possession of a firearm and possession with intent to distribute heroin.
According to the statement of facts filed with the plea agreement, in July 2016, the Richmond Police found John Thomas Lewis, III, 25, in a vehicle parked outside a Richmond residence with two loaded firearms, one of which had been reported stolen, two boxes of ammunition, and 12.6 grams of heroin. As a previously convicted felon, Lewis was prohibited from possessing a firearm. Later, in December 2016, Lewis was arrested on an outstanding warrant and was found to be in possession of distribution quantities of heroin, cocaine, Xanax, and Dibutylone.
Lewis pleaded guilty to felon in possession of a firearm, and possession with intent to distribute heroin. He faces a maximum penalty of 30 years in prison when sentenced on September 15. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Alfred Durham, Chief of Richmond Police; and Michael B. Boxler, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after U.S. District Judge Henry E. Hudson accepted the plea. Assistant U.S. Attorney Brian R. Hood and Special Assistant U.S. Attorney Stacey E. Rohrs are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:16-cr-144.
Richard Peng Sentenced for Harboring Birth TouristRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant RICHARD PENG aka PAI PENG, a citizen of the United States and Taiwan, was sentenced on June 12, 2017, in District Court, to six months imprisonment. The Court also ordered a one-year term of supervised release following PENG’S release, and a fine of $2,000.00, in addition to the payment of a mandatory $100 assessment fee.
On August 2, 2016, PENG was charged by Information with Harboring an Illegal Alien, in violation of 8 U.S.C. § 1324(a)(1)(A)(3). On August 3, 2016, PENG waived indictment by the grand jury, and entered a guilty plea to the charge. From November 2014 until February 2015, PENG housed a Chinese birth-tourist after she had overstayed her conditional parole, with the intention of avoiding her detection by immigration authorities.
Acting United States Attorney Anderson stated, “On April 11, 2017, Attorney General Sessions announced that DOJ will place a high priority on establishing lawfulness in our immigration system. The District of the Northern Mariana Islands will see an increase in federal law enforcement efforts to implement this important policy change. As this case demonstrates, the Department is committed to holding persons accountable for enticing, encouraging and abetting aliens who unlawfully enter or remain in the United States.”
The investigation was conducted by the U.S. Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by James J. Benedetto, Assistant United States Attorney for the District of the Northern Mariana Islands.
RGV Durable Medical Equipment Company Owner and Four Others Sentenced in Health Care Fraud SchemeRead the Press Release
McALLEN, Texas ‐ The owner of a Rio Grande Valley area durable medical equipment (DME) company has been ordered to federal prison for her role in a scheme to defraud Texas Medicaid through fraudulent billings, announced Acting U.S. Attorney Abe Martinez. Maria Teresa Paz Garza, 41, of McAllen, was previously found guilty by a jury on all counts on Feb. 24, 2017, following a seven-day trial and six hours of deliberation.
Today, U.S. District Judge Randy Crane handed Garza a 144-month sentence to be immediately followed by three years of supervised release. She received 10 years for conspiracy to commit health care fraud and related health care fraud charges as well as an additional two years for aggravated identity theft which must be served consecutively for a total of 12 years in federal prison. In handing down the sentence, Judge Crane imposed enhancements for obstruction of justice for witness tampering, a leadership role and loss to a federal health care program of more than $1 million. Garza was further ordered to pay $1,814,832.98 in restitution based on the loss to the Texas Medicaid program.
Garza, an owner of Hacienda DME located in McAllen, was convicted of submitting false and fraudulent claims to Texas Medicaid for DME that were not provided and/or not authorized by a physician. Garza and her co-conspirators forged and/or caused others to forge the signatures of physicians on the required prescription forms. Hacienda DME billed for larger, higher-paying sizes of pull-ups and diapers regardless of whether those sizes were needed or provided in order to receive higher reimbursements from Texas Medicaid.
Garza also paid illegal kickbacks in the form of cash and/or checks in exchange for patient information, specifically the patient Texas Medicaid numbers. Garza and her co-conspirators bought back supplies that had previously been delivered to Texas Medicaid recipients so that they could utilize the same supplies again in the scheme. Further, they illegally used the identities of physicians in submitting the unlawful billings to Texas Medicaid.
Co-conspirators Bertha Lopez, 62, of Sullivan City, served as a marketer and vendor for Hacienda DME, while Miriam Aguilar, 32, of Rio Grande City, was a delivery driver and recruiter for the company. Nancy Rangel, 31, of Mission, and Yolotzi Lara, 29, of Penitas, were both recruiters for the company. Rangel was also a biller in the scheme. They all also pleaded guilty and were sentenced previously. Lopez received a 21-month-term of imprisonment and was ordered to pay $1,750,565.26 in restitution, while Aguilar was sentenced to 14 months and ordered to pay $1,715,836.99 in restitution. Rangel and Lara were each sentenced to six months of home confinement and ordered to pay $395,698.26 and $294,474.35 in restitution, respectively.
Garza has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Texas Attorney General’s Medicaid Fraud Control Unit, FBI and the U.S. Department of Health and Human Services‐Office of Inspector General conducted the investigation. Assistant U.S. Attorneys Michael Day and Andrew Swartz are prosecuting the case.
Physician Assistant Sentenced on 42 Drug-Related ChargesRead the Press Release
Abingdon, VIRGINIA – A physician assistant, who allowed phentermine tablets to be distributed using her Drug Enforcement Administration (DEA) registration, was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Melissa Lynn Hartwell, 41, of Marion, Va, was sentenced yesterday to probation for a term of three years and was ordered to pay $4,500 in fines and assessments. Hartwell was found guilty following a jury trial on one count of conspiring to distribute a controlled substance (phentermine), one count of conspiracy to allow the use of her DEA registration number by another person, 20 counts of distributing phentermine and 20 counts of allowing the use of her DEA registration by another person.
According to evidence presented at trial by Assistant United States Attorney Randy Ramseyer, Hartwell worked as a physician assistant at MTRx, a weight loss clinic in Bristol, Tennessee, operated, at the time, by Marvin Allen Stanley and owned by his wife, Tracey Michelle Stanley. The Stanleys previously pled guilty to their roles in the conspiracy.
Evidence at trial showed that Hartwell allowed the Stanleys to use her DEA registration number to order phentermine and dispense phentermine to individuals who Hartwell never examined. The clinic was open Monday through Saturday, but Hartwell typically only worked on Mondays and Fridays. On days she did not work, patients received phentermine without ever being examined by Hartwell. Hartwell later signed and initialed the patient charts to indicate she approved the dispensing of the phentermine.
Also, Hartwell and the Stanleys allowed a person who did not work at the clinic to fill out patient charts and obtain and deliver phentermine to her friends and acquaintances. Once or twice a week, Norma Jean Marsh, a.k.a. “Trixie,” a registered nurse, went to MTRx and spent 15 or 20 minutes filling out patient files for friends and acquaintances of hers from the Saltville area. Then Hartwell and the Stanleys provided her with phentermine for those friends and acquaintances. Several of those individuals never were seen as patients at the clinic. Marsh previously pled guilty to her role in the conspiracy.
Phentermine is a Schedule IV controlled substance. It is related chemically and pharmacologically to amphetamine, which is extensively abused.
The investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad in Roanoke, with the assistance of the Virginia Attorney General’s Medicaid Fraud Control Unit, Tennessee Bureau of Investigation, Bristol (Tennessee) Police Department, and Saltville (Virginia) Police Department. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Pair Who Delivered Fatal Dose of Heroin Sentenced to 42 Months in PrisonRead the Press Release
Two men who were involved in the delivery of a fatal dose of heroin to a young member of the Quileute Tribe were each sentenced June 12, 2017, to 42 months in prison, announced U.S. Attorney Annette L. Hayes. HUGH BROWN, 60 and EDWARD FOSTER, 56, and co-defendant Casey Marie Ward, 28, sold heroin to 28-year-old Felisha Jackson on September 5, 2015. Moments after that sale, Jackson was found unresponsive by her 9-year-old daughter. Paramedics tried to save Jackson, but she died a few days later at a hospital. Social media records reveal that WARD had reached out to Jackson, asking if she knew anyone interested in buying drugs. FOSTER obtained the heroin the three were selling, and BROWN provided the transportation, driving them onto Quileute Tribal land. Speaking of heroin at BROWN’s sentencing hearing, U.S. District Judge Benjamin H. Settle said, “This is a dangerous drug. People do die—and in increasing numbers—from it, and if you’re going to be involved in the distribution of this drug, you can expect lives will be lost . . . you can expect to go to prison.”
“The heroin epidemic is taking a particularly heavy toll in Tribal communities so we are working closely with our Tribal partners to do our part to combat opioid abuse,” said U.S. Attorney Annette L. Hayes. “Cases involving small amounts of heroin are not routinely charged in federal court, but in appropriate cases where dealing on Tribal lands leads to death, we are committed to seeking just punishment. As Tribes work to provide treatment and wellness resources, law enforcement must do its part to deter those who target Tribal communities and cause tragedies like those in this case.”
According to records filed in the case, Felisha Jackson had struggled to stay clean for her three small children. Another drug user said the heroin sold by Ward, BROWN, and FOSTER proved particularly powerful. After Jackson’s daughter found her mother unresponsive, she got her grandfather, and he called 911 and performed CPR in an ultimately futile effort to save his daughter.
Members of the Quileute Tribal Council attended the sentencing hearings. In a written statement to the Court, the Tribe said “[t]he Quileute Tribe is attempting to stem the tide of substance abuse in several ways, including coordinating with local, state, and federal law enforcement agencies . . . providing chemical dependency treatment, and working on several initiatives to promote wellness and prevent addiction.”
Ward was sentenced to 42 months in prison on June 5, 2017.
The case was investigated by the FBI and the Quileute Tribal Police. The case is being prosecuted by Assistant United States Attorney Nicholas Manheim.
If you, or someone you know, would like information about resources for those suffering from a heroin or other substance abuse addiction, you can call the 24 hour Washington Recovery Helpline at 1 866-789-1511, or go to the University of Washington Alcohol and Drug Institute website. If you are between 13 and 20 years old you can also call Teen Link at 1866TEENLINK (1 866 833 6546) to talk to a teen volunteer.
Owner of Chardon company sentenced to nearly two years in prison for violating Clean Air Act while demolishing Canton buildingsRead the Press Release
The owner of a Chardon demolition company was sentenced to nearly two years in prison for violating the Clean Air Act when he did not take steps to abate asbestos when he tore down a building in Canton, law enforcement officials said.
Russell P. Stewart, 48, was sentenced to 21 months in prison and ordered to pay $876,228 in restitution. The sentence will be served concurrently to a state prison sentence for a related case in which he improperly disposed of hazardous waste.
He previously pleaded guilty to one count of improper asbestos demolition and one count of failure to timely dispose of asbestos waste.
Stewart is the owner and operator of Chemstruction. He entered into a contract on Nov. 1, 2011, to demolish the former Stark Ceramics facility on West Church Street in Canton. The site covered approximately 500 acres and consisted of numerous commercial buildings, according to court documents.
The contract provided that all asbestos-containing materials would be removed and abated in accordance with environmental regulation and industry standards. An earlier environmental survey showed asbestos was present throughout the site, according to court documents.
Stewart participated in and directed the demolition of the structures from November 2011 through January 2013.
An inspection in October 2012 revealed crushed panels contained asbestos. Inspectors told Stewart to stop demolition until a cleanup plan could be developed but Stewart continued with demolition, causing asbestos panels to be crumbled, pulverized and reduced to powder, according to court documents.
“We will aggressively prosecute those who pollute our environment, whether it’s releasing asbestos into the air or dumping waste into our lakes and stream,” Acting U.S. Attorney David A. Sierleja said.
“This is about protecting Ohioans and the air they breathe,” Ohio Attorney General Mike DeWine said. “It’s a collaborative effort. We are continuously working with other agencies to protect public health and safety.”
“The defendant’s actions in this case released asbestos fibers into the environment and resulted in a $800,000 cleanup funded by the U.S. EPA,” said Scot Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “It’s imperative that asbestos be removed safely, and EPA and its law enforcement partners will hold to account those who refuse to obey the law.”
This case was prosecuted by Assistant U.S. Attorney Brad Beeson following an investigation by the U.S. Environmental Protection Agency, the Ohio Environmental Protection Agency and the Ohio Attorney General’s Bureau of Criminal Investigation.
Owner of Apple of Your Eye Healthcare Services, Inc. Sentenced to 210 Months in Federal Prison for Role in Healthcare Fraud ConspiracyRead the Press Release
DALLAS — Wilbert James Veasey, Jr., 65, of Dallas, was sentenced this morning in federal court in Dallas on a health care fraud conspiracy conviction, announced U.S. Attorney John Parker of the Northern District of Texas.
Veasey was sentenced by U.S. District Judge Sam A. Lindsay to 210 months in federal prison and order to pay $23,123,897.18 in restitution to Medicare and $506,880.08 in restitution to Medicaid. He has been in custody since February 2016, after violating his conditions of release.
Veasey, along with co-defendants, Jacques Roy, M.D., 59, of Rockwall, Texas; Cynthia Stiger, 54, of Dallas; and Charity Eleda, R.N., 56, of Rowlett, Texas, were each convicted following a six-week-long trial on one count of conspiracy to commit health care fraud. In addition, Roy was convicted on eight, Veasey on three and Eleda on four counts of health care fraud. Roy was also convicted on two counts of making a false statement relating to healthcare matters and one count of obstruction of justice. Eleda was also convicted on three counts of making false statements for use in determining rights of benefit and payment by Medicare.
Three other defendants charged in the case, Cyprian Akamnonu and his registered nurse wife, Patricia Akamnonu, both of Cedar Hill, Texas, and Teri Sivils, of Midlothian, Texas, each pleaded guilty before trial to one count of conspiracy to commit health care fraud. Cyprian and Patricia Akamnonu are each currently serving a ten-year federal prison sentence. They were also ordered to pay $25 million in restitution. Sivils pleaded guilty in April 2015, and was sentenced to 3 years probation.
The government presented evidence at trial that Dr. Roy, Stiger, Veasey and Eleda engaged in a large-scale, sophisticated health care fraud scheme in which they conspired together and with others to defraud Medicare and Medicaid through companies they owned/controlled: Medistat Group Associates, P.A., Apple of Your Eye Health Care Services, Inc., Ultimate Care Home Health Services and Charry Home Care Services.
As part of the conspiracy, Stiger, Veasey and Eleda, along with others, improperly recruited individuals with Medicare coverage to sign up for Medicare home health care services. Eleda recruited patients from The Bridge homeless shelter in Dallas, sometimes paying recruiters $50 per beneficiary they found and directed to her vehicle parked outside the shelter’s gates. Eleda and other nurses would falsify medical documents to make it appear as though those beneficiaries qualified for home health care services that were not medically necessary. Eleda and the nurses prepared Plans of Care (POC), also known as 485’s, which were not medically necessary, and these POCs were delivered to Dr. Roy’s office and not properly reviewed by any physician.
Dr. Roy instructed his staff to certify these POCs, which indicated to Medicare and Medicaid that a doctor, typically Dr. Roy, had reviewed the treatment plan and deemed it medically necessary. That certifying doctor, typically Dr. Roy, certified that the patient required home health services, which were only permitted to be provided to those individuals who were homebound and required, among other things, skilled nursing. This process was repeated for thousands of POCs, and, in fact, Medistat’s office included a “485 Department,” essentially a “boiler room” to affix fraudulent signatures and certifications.
Once an individual was certified for home health care services, Eleda, nurses who worked for Stiger and Veasey, and other nurses falsified visit notes to make it appear as though skilled nursing services were being provided and continued to be necessary. Dr. Roy would also visit the patients, perform unnecessary home visits, and then order unnecessary medical services for the recruited beneficiaries. Then, at Dr. Roy’s instruction, Medistat employees would submit fraudulent claims to Medicare for the certification and recertification of unnecessary home health care services and other unnecessary medical services.
The government presented further evidence at trial that the scope of Dr. Roy’s fraud was massive; Medistat processed and approved POCs for 11,000 unique Medicare beneficiaries from more than 500 different home health agencies. Dr. Roy entered into formal and informal fraudulent arrangements with Apple, Charry, Ultimate and other home health agencies to ensure his fraudulent business model worked and that he maintained a steady stream of Medicare beneficiaries.
The case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) and was brought as part of the Medicare Fraud Strike Force supervised by the Criminal Division Fraud Section and the U.S. Attorney’s Office for the Northern District of Texas.
Assistant U.S. Attorneys P.J. Meitl and Nicole Dana and First Assistant U.S. Attorney Chad Meacham prosecuted the case.
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Ottawa Man Charged with Attempted Child Sex TraffickingRead the Press Release
TOPEKA, KAN. - An Ottawa man was charged in federal court here Monday with attempted sex trafficking of a child, U.S. Attorney Tom Beall said.
Michael David Mitchell, 63, Ottawa, Kan., was charged with one count of attempted sex trafficking of a child, six counts of electronic solicitation, one count of attempted coercion and enticement of a minor, and one count of interstate travel for the purpose of having sex with a minor.
A criminal complaint and affidavit alleges Mitchell told undercover investigators he was looking for a mother and children to enslave for sex and he was willing to pay for it. In a text exchange with an undercover investigator posing as a woman with a daughter, he said: “I will take care of you, but it won’t be easy on either of you. I’m a sadist and enjoy inflicting pain. Neither of you will ever be allowed to say no to me.”
Mitchell agreed to a meeting at the Adams Mark Hotel in Kansas City, Mo. He was arrested when he arrived.
If convicted, he faces a penalty of not less than 10 years on the attempted sex trafficking count, up to five years on each electronic enticement count, not less than 10 years on the coercion and enticement count, and up to 30 years on the interstate travel charge. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Orange County, Texas Man Sentenced for Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 45-year-old Vidor, Texas man has been sentenced to prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Ben Doyle Vaughn, III, pleaded guilty on Jan. 5, 2017, to possession with intent to distribute methamphetamine and was sentenced to 135 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, on Mar. 3, 2016, officers with Orange County (Texas) Sheriff’s Department executed a search warrant for a residence located at 130 Clair St., Vidor, Texas that was known to be occupied by Vaughn. Prior to executing the search warrant, law enforcement officers observed a vehicle they knew to be driven by Vaughn traveling at a high rate of speed and committing other traffic violations. The vehicle was pulled over and Vaughn was found to be the driver of that vehicle. Vaughn was arrested for the traffic violations, gave the officers permission to drive his truck back to his house and also gave the officers consent to search his vehicle. A search of the residence revealed methamphetamine paraphernalia and marijuana inside a shop located at the back of a carport that Vaughn claimed to be his and provided the keys to unlock it. A small amount of methamphetamine was also discovered in Vaughn’s bedroom on his nightstand in the house. As the search continued, two K-9s were called to the scene and alerted on a vehicle, known to be driven by Vaughn, parked under the carport in front of Vaughn’s shop. One of the K-9’s alerted to the area surrounding that vehicle. As the officers moved the vehicle to search under and around the vehicle, officers observed a patch of disturbed dirt underneath one of the vehicle tires. This area was searched and officers dug up a metal can containing two plastic bags containing what was believed to be methamphetamine inside. Another quantity of methamphetamine was located in a bag and attached to the underside of the truck Vaughn was driving when he was brought back to the house for the search.
This case was investigated by DHS/ICE/HSI, Beaumont Police Department, Orange County Sheriff’s Office and the Orange Police Department and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Orange County Man Sentenced to over 8 Years in Federal Prison for Possessing Large Collection of Child PornographyRead the Press Release
SANTA ANA, California – A Westminster man has been sentenced to over 8 years in federal prison for possession of child pornography.
Peter Henry Herz, 61, yesterday received a 97-month sentence from United States District Judge Cormac J. Carney.
Following the completion of his prison term, Herz will be subject to supervised release for the rest of his life. Judge Carney also ordered the defendant to pay $7,500 to one of the victims of his offense.
Herz pleaded guilty in February to one count of possession of child pornography, admitting he had still images and videos of child pornography on his digital devices in 2009. After being charged and arrested for that conduct, Herz was freed on bond. While awaiting trial, Herz obtained new digital devices and possessed additional images of child pornography. Herz possessed a total of more than 500,000 images and 369 videos depicting child pornography.
From 2003 through 2013, Herz worked as the pianist and musical director for Pageant of the Masters in Laguna Beach and was the staff accompanist at the Theater Department at California State University, Fullerton.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
This case was prosecuted by Assistant United States Attorney Mark Takla.
Ohio couple charged with importing and distributing fentanyl and carfentanilRead the Press Release
An Ohio couple was charged in federal court with illegally importing and conspiracy to possess with intent to distribute fentanyl, law enforcement officials said.
Charged are James F. Halpin, 30, and Grace A. Bosworth, 38, both of Cincinnati.
Law enforcement agents purchased fentanyl on the dark web in May 2017. Fentanyl and analogue drugs are often mailed from China, Hong Kong and elsewhere. Sometimes they are sent to Canada before being mailed into the United States, according to an affidavit filed in the case.
The drugs were delivered to a location in Northern Ohio on May 30, having been mailed from the post office in Newport, Kentucky. The drugs were tested and determined to be a mixture of furanyl fentanyl, carfentanil and another fentanyl analogue, according to the affidavit.
Investigators determined the markings on these packages were identical to at least 40 shipments mailed from post offices in the Cincinnati area. It was also determined that Halpin and Bosworth lived at an address that routinely received parcels mailed from abroad and that he regularly mails out packages to addresses all over the country, according to the affidavit.
On June 6, investigators located a parcel that originated from Montreal addressed to Halpin and Bosworth’s address. A search of the package revealed five grams of a mixture of fentanyl, carfentanil and furanyl fentanyl, according to the affidavit.
“The amount of drugs seized is enough to kill a football stadium full of people,” Acting U.S. Attorney David A. Sierleja said. “This case underscores that our state is being inundated with large amounts of deadly drugs. We will continue to aggressively prosecute drug traffickers while working to prevent the next generation of addicts.”
“As a law enforcement community, HSI and our partners are aggressively engaged in combatting these deadly fentanyl smuggling organizations,” said HSI Acting Special Agent in Charge Steve Francis. “Fentanyl and other opioids have reached epidemic levels in Ohio, due to its high potency and inexpensive cost. We take very seriously our responsibility to helping to stop this public scourge.”
This case is being prosecuted by Assistant U.S. Attorneys Daniel Riedl, Karl Kadon and Matthew Cronin following an investigation by the Department of Immigration and Customs Enforcement – Homeland Security Investigations and the U.S. Postal Inspection Service, operating at part of the Border Enforcement Security Taskforce.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
A charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Navajo Woman from Albuquerque Pleads Guilty to Federal Child Abuse ChargeRead the Press Release
ALBUQUERQUE – Kelly James, 34, an enrolled member of the Navajo Nation who resides in Albuquerque, N.M., pled guilty today in federal court to a child abuse charge. Under the terms of the plea agreement, James will be sentenced to a term of probation to be determined by the court.
James was arrested in May 2017, on an indictment charging her with engaging in child abuse by operating a motor vehicle recklessly on Dec. 8, 2016, on the Isleta Pueblo in Valencia County, N.M.
During today’s proceedings, James entered a guilty plea to the indictment. In entering the guilty plea, James admitted that on Dec. 8, 2016, she operated a motor vehicle recklessly within the Isleta Pueblo while under the influence of alcohol. James further admitted that her actions endangered the health and wellbeing of the child who was a passenger in the vehicle. A sentencing hearing has yet to be scheduled.
This case was investigated by the Isleta Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa C. Dimas.
Nashua Man Sentenced for Fraud SchemeRead the Press Release
BOSTON – A Nashua, NH man was sentenced today in federal court in Boston for defrauding investors in a purported water resource company and laundering money obtained through various online fraud schemes.
Edmond P. LaFrance, 70, was sentenced by U.S. District Court Judge Indira Talwani to two years in prison to be followed by three years of supervised release, six months of which will be served in community confinement, restitution of $387,802 and forfeiture of $387,802. In March 2017, LaFrance pleaded guilty to two counts of wire fraud and three counts of money laundering.
From 2012 to 2013, LaFrance solicited investments and loans for a shell company he created, Natural Waters, that fraudulently claimed to buy and sell mineral water in bulk. In fact, there were no mineral water sales and a large portion of the investor money LaFrance received was directed to his own uses or transferred to co-conspirators. In 2015, LaFrance laundered money for various online fraud schemes being perpetrated by individuals located primarily outside of the United States. LaFrance accepted hundreds of thousands of dollars from victims he did not know, and with whom he had no business relationship, and wired the money to third parties whose true identities were concealed from the victims.
In 1990, LaFrance was convicted in federal court of structuring currency transactions, making false statements and conspiring to defraud the United States. In 2007, he was convicted of wire fraud and making false statements.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Stephen P. Heymann of Weinreb’s Economic Crimes Unit prosecuted the case.
Mission Man Handed Significant Sentence for Firearms ViolationRead the Press Release
McALLEN, Texas – A local man has been ordered to federal prison for illegally possessing firearms in connection with a narcotics trafficking operation he ran out of his Mission home, announced Acting U.S. Attorney Abe Martinez. Jose Paco Villegas, 48, pleaded guilty March 31, 2017.
Today, U.S. District Judge Randy Crane handed Villegas a 100-month sentence for being a felon illegally in possession of a firearm in and affecting interstate and foreign commerce. The sentence was enhanced because the court found Villegas possessed the firearms in connection with a drug trafficking crime. He was also ordered to serve a three-year-term of supervised release following his prison sentence.
Authorities identified Villegas as a person trafficking narcotics out of his residence in Mission. During the month-long investigation, Villegas sold cocaine to undercover agents on multiple occasions. A subsequent search of his residence resulted in the discovery of approximately 230 grams of cocaine, one kilogram of marijuana, more than $10,000 and several handguns, including a Beretta .9mm, Taurus .380 and a Taurus .45 caliber.
Villegas had previously been convicted of felony offenses including the use of a firearm in relation to a drug trafficking crime, delivery of a controlled substance, possession of a controlled substance with intent to deliver and theft. Due to these previous violations, he is prohibited from possessing a firearm per federal law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration conducted the investigation in conjunction with the Hidalgo County High-Intensity Drug Trafficking Area task force. Assistant U.S. Attorney David M. Paxton is prosecuting the case.
Misr Sons Development S.A.E. Agrees to Pay $1.1 Million to Resolve False Claims Act AllegationsRead the Press Release
Misr Sons Development S.A.E. (Hassan Allam Sons, “HAS”), a construction company with its principal place of business in Cairo, Egypt, has agreed to pay $1.1 million to settle allegations that HAS submitted false claims in connection with U.S. Agency for International Development (USAID) contracts, the Justice Department announced today.
“Contractors who misrepresent their eligibility for government contracts undermine the government procurement process,” said Deputy Assistant Attorney General Joyce R. Branda of the Civil Division. “The Justice Department will take action to protect that process and to ensure that taxpayer funds are not misused.”
“USAID Office of Inspector General extensively investigated this matter and thanks the Department of Justice for its tenacity and dedication,” said Special Agent in Charge Jonathan Schofield of USAID Office of Inspector General. “Total settlements on this matter exceed $10 million and demonstrate once again that the United States expects its contractors to execute their awards in accordance with all requisite terms and conditions, whether operating domestically or overseas.”
The settlement concerns USAID-funded contracts for the construction of water and wastewater infrastructure projects in the Arab Republic of Egypt in the 1990s. The contracts were awarded to a joint venture partnership that included Washington Group International Inc. (WGI), Contrack International Inc. (Contrack) and HAS. The United States filed suit under the False Claims Act and the Foreign Assistance Act, alleging that HAS was ineligible to participate in the joint venture but that its participation was concealed from USAID. As a result, HAS and its partners allegedly received USAID-funded contracts to which they were not entitled. The settlement resolves only HAS’ liability. The United States previously settled with Contrack and WGI.
This settlement was the result of a coordinated effort by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Idaho and the USAID Office of Inspector General.
The case is captioned United States v. Washington Group International Inc. f/k/a/ Morrison Knudsen, Corporation, Contrack International, Inc.; and Misr Sons Development S.A.E. a/k/a Hassan Allam Sons, No. 04-555 (D. Idaho). The claims resolved by this settlement are allegations only and there has been no determination of liability.
Minnesota Man Charged with Conspiracy to Commit Bank Fraud, Identity Theft, and Methamphetamine DistributionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man has been indicted by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.
Jason Maurice Fagin, age 38, was indicted on May 9, 2017. He is currently being held in Minnesota and will make his initial appearance in South Dakota in the near future.
The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine; Aggravated Identity Theft requires a mandatory 2 years of imprisonment, to be served consecutively to any term of imprisonment for the Conspiracy to Commit Bank Fraud offense; and Possession with Intent to Distribute Methamphetamine has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.
According to the indictment, between September 2016 and November 16, 2016, Fagin engaged in a scheme to defraud financial institutions while using the personal identifying information of other individuals. Fagin would use the proceeds of the fraud scheme to purchase methamphetamine for his use and to distribute to others for money.
The charges are merely accusations and Fagin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Mexican citizen pleads guilty to lying on passport application in Morgan CityRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a man from Mexico pleaded guilty Monday to lying on a passport application he submitted at the Morgan City post office.
Jose Luis Andrade Diaz, 32, of Mexico, pleaded guilty before U.S. District Judge Dee D. Drell to one count of false statement in application for passport. According to the guilty plea, Diaz submitted a fraudulent passport application on April 26, 2007 to the Morgan City post office using another person’s identity. He used the individual’s name, birthdate and Social Security number on the passport application.
Diaz faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of October 23, 2017.
The State Department conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Mexican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Mexican national was sentenced yesterday in federal court in Boston with a federal immigration crime.
Tomas De La Cruz Zavala, 45, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to six months in prison and two years of supervised release. Zavala will be subject to deportation upon completion of his sentence. In March 2017, Zavala pleaded guilty to illegal reentry of a deported alien.
Zavala was deported from the United States to Mexico on Oct. 12, 2012, and again in November 2016. Zavala was recently located in North Dartmouth, Mass., where law enforcement determined that Zavala was illegally present in the United States.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorneys David G. Tobin and Nick Soivillien of Weinreb’s Major Crimes Unit prosecuted the case.
McKeesport Gun Dealer Pleads Guilty to Possessing Illegal Firearms, Witness and Evidence TamperingRead the Press Release
PITTSBURGH – Erik David Lowry pleaded guilty in federal court to charges involving illegal firearms possession, tampering with evidence, and tampering with a witness, Acting United States Attorney Soo C. Song announced today. Pittsburgh Tactical Firearms, the gun store owned and operated by Lowry, also pleaded guilty to illegally selling firearms.
Lowry, age 37, of McKeesport, PA and Pittsburgh Tactical Firearms (originally incorporated as Renaissance Electric, LLC), also located in McKeesport, both pleaded guilty before United States District Judge Arthur J. Schwab.
In connection with the guilty plea, the court was advised that ATF Industry Operations (IO) employees perform standard inspections of all gun dealers to ensure that federal laws are being followed. Federal Firearms Licensee (FFL) inspections of this type reveal that the majority of gun dealers diligently ensure that firearms are sold to law-abiding citizens, thereby enhancing the safety of the public. A January 11 through 19, 2016, IO inspection of Pittsburgh Tactical Firearms (PTF), owned and operated by defendant Erik David Lowry, noted numerous significant and clear violations of law-- including 27 guns located in the store’s gun rack which Lowry called “cash and carry” and was willing to sell without completing any paperwork. ATF Special Agents followed up and that in-depth investigation determined that Lowry and PTF had been illegally selling and acquiring over 100 “cash and carry,” “cash out the door,” or “turn and burn” firearms “off books” at his store and through gun shows between 2014 and January 19, 2016. That is, neither Lowry nor PTF completed the required paperwork for either the acquisition or disposition of these firearms.
The investigation also located firearms transactions that were made: without any required background checks being performed; to a prohibited person with a criminal record who was previously denied the ability to purchase a firearm by a background check at PTF; to a prohibited person with a prior mental health commitment (who was denied the ability to purchase a firearm by two other gun dealers who actually did perform the required background check); and by knowingly using false information on paperwork that had been completed. Some of these transactions involved military-style weapons and the ATF has expended significant resources attempting to locate and recover these illegally sold firearms.
Further, Lowry acquired a “destructive device”, specifically a Penn Arms Striker 12 military-style 12 gauge weapon with a drum magazine, not suitable for sporting purposes, and bearing serial number 11170, which, like a machinegun, silencer, grenade, rocket, or landmine must be specifically registered in the National Firearms Registration and Transfer Record, but was not. Lowry acquired it in the summer of 2015 and disguised that fact until it was located by the ATF on January 19, 2016. As the investigation proceeded, Lowry attempted to conceal his actions by contacting multiple people to have them hide or destroy the unregistered Striker 12 by throwing it in a dumpster, in order to, he said, avoid federal prison. As these attempts failed, Lowry contacted the previous Striker 12 owner and created a false story about the date, time and manner of the acquisition, which he and the prior owner both provided to ATF.
Judge Schwab scheduled sentencing for October 23, 2017, at 9:30 a.m. The law provides for a maximum total sentence of 50 years in prison, a fine of $750,000, or both for Lowry. For Pittsburgh Tactical Firearms, the law provides a maximum total sentence of up to five years’ probation and a $500,000 fine.
Assistant United States Attorney Ross E. Lenhardt, a federal prosecutor with the Violent Crime Section of the Office of the United States Attorney, represented the federal government.
Acting U.S. Attorney Soo C. Song commended the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including their Industry Operations investigators, and the Allegheny County Sheriff’s Office, for the investigation that led to the prosecution of Erik David Lowry and his gun store, Pittsburgh Tactical Firearms.
This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crimes.
Massive Sentence for Laredo Drug TraffickerRead the Press Release
LAREDO, Texas – A 41-year-old man from Laredo, has been ordered to prison following his conviction of the conspiracy possess with intent to distribute methamphetamine, announced Acting U.S. Attorney Abe Martinez. Esequiel Villarreal pleaded guilty Dec. 15, 2016.
Today, U.S. District Judge Diana Saldana ordered Villarreal to serve a 210-month-term of imprisonment. Villarreal committed the instant offense while on supervised release from a federal drug trafficking conviction in 2000 where he was sentenced to 188 months. Due to the revocation of his supervised release, he will also serve an additional consecutive six months of imprisonment in addition to the other term imposed.
Villarreal came to the attention of law enforcement after learning he was in possession of a large amount of drugs and a possible firearm.
On Oct. 21, 2016, authorities conducted a search of Villarreal’s apartment. At that time, they discovered 9.5 kilograms of methamphetamine concealed in a black plastic bag within his kitchen as well as a .22 caliber pistol in a cabinet above the refrigerator. He was also found to have 3.2 grams of cocaine on his body.
Villarreal has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives and the Laredo Police Department conducted the investigation. Assistant U.S. Attorney Christopher dos Santos is prosecuting the case.
Massillon man sentenced to a decade in prison for enticement and child pornography crimesRead the Press Release
A Massillon man was sentenced to more than a decade in prison for enticement and distribution of child pornography, said Acting U.S. Attorney David A. Sierleja and FBI Special Agent in Charge Stephen D. Anthony.
Richard Snyder, 72, was sentenced to 121 months in prison by U.S. District Judge Benita Pearson.
Snyder knowingly used a computer and the Internet, to attempt to persuade, induce, entice and coerce a 13-year-old girl to engage in illegal sexual activity with him. This took place from May 26 through August 17, 2016, according to court documents.
Snyder also knowingly distributed and attempted to distribute child pornography via a computer in July 2016, according to court documents.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Canton Office of the Federal Bureau of Investigation, the Ohio Internet Crimes Against Children Task Force, the Vermont Internet Crimes Against Children Task Force, the Jackson Township Police Department and the Canton Police Department.
Man Sentenced to 28 Months Imprisonment for Tax Fraud SchemeRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on June 8, 2017, Javier Zarate-Flores (age 29), of Milwaukee, Wisconsin, was sentenced in federal court to 28 months in prison. The sentence follows his guilty plea to theft of government money, in violation of Title 18, United States Code, Section 641. Mr. Zarate-Flores was also ordered to pay $1,201,935.00 in restitution to the Internal Revenue Service. Zarate-Flores additionally agreed to be voluntarily deported from the United States and return to Mexico due to his lack of legal status in the United States.
According to the plea agreement, Zarate-Flores fraudulently obtained Individual Tax Identification Numbers (ITINs) from the IRS. An ITIN is what the IRS issues to individuals who cannot, due to their immigration status, obtain a Social Security number. Individuals who obtain an ITIN use it to file their income tax returns. To obtain an ITIN, an applicant has to provide the IRS certain personal identifying documents. Zarate-Flores obtained personal identifying documents from citizens of Mexico, fraudulently applied for ITINs in their names, and then filed fraudulent tax returns using the ITINs he obtained.
In the fraudulent tax returns that he filed, Zarate-Flores claimed the Additional Child Tax Credit (ACTC). The ACTC reduces tax liability dollar for dollar, and the unused portion of a refundable credit is still payable to the taxpayer. So, when an individual has no income tax liability, a person may still file a tax return and receive a refund for the ACTC. Zarate-Flores falsely claimed dependents in the tax returns that he filed to receive the ACTC.
From February 2013 through June 2014, Zarate-Flores received $1,201,935.00 in U.S. Treasury refund checks from his scheme. When handing down the sentence, United States District Judge J.P. Stadtmueller said that his sentence must “send a message” to others that tax fraud offenses are serious crimes that require significant sentences.
This case was investigated by IRS Criminal Investigation. The case was prosecuted by Assistant United States Attorney Keith S. Alexander
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For further information contact:
Public Information Officer Dean Puschnig at (414) 297-1700
Man Sentenced for Bank Robbery He Blamed on a Fight with His WifeRead the Press Release
KANSAS CITY, KAN. B A Kansas City, Kan., man was sentenced Tuesday to six months home confinement and 50 hours of community service for a bank robbery he blamed on a fight with his wife, U.S. Attorney Tom Beall said.
Lawrence John Ripple, 71, Kansas City, Kan., pleaded guilty to one count of bank robbery. A criminal complaint in the case alleged that on Sept. 2, 2016, Ripple sat down in the lobby and waited for police after robbing the Bank of Labor at 756 Minnesota Ave. in Kansas City, Kan. He told investigators that after an argument with his wife he felt he would rather be in prison than go back home.
Beall commended the FBI and Assistant U.S. Attorney Sheri Catania for their work on the case.
Liquid Methamphetamine Importer Ordered to PrisonRead the Press Release
LAREDO, Texas – A 46-year-old woman has been ordered to federal prison following her conviction for importing methamphetamine into the United States, announced Acting U.S. Attorney Abe Martinez. Sherie Lyn De Sylvia, a U.S. citizen who resided in Tijuana, Mexico, pleaded guilty Feb. 22, 2017.
Today, U.S. District Judge Marina Garcia Marmolejo handed De Sylvia a sentence of 84 months for the methamphetamine conviction followed by four years of supervised release. De Sylvia was on supervised release for a previous conviction in which she had smuggled eight kilograms of methamphetamine, five kilograms of cocaine and five kilograms of heroin inside her vehicle’s spare tire on May 13, 2015, at the Otay Mesa, California, Port of Entry. The court revoked the remainder of that term and further ordered her to prison for 12 months, six months of which will be served consecutively to the other prison term imposed for a total 90-month federal prison sentence. At the hearing, Judge Marmolejo noted to the defendant that “all the emotion shown in court today needs to be channeled when you get out to change your life.”
On June 11, 2016, De Sylvia was detained at the Border Patrol Checkpoint on IH-35 in Laredo. At secondary inspection, agents noticed potential tampering with the fuel tank of De Sylvia’s vehicle. Inside, they soon discovered 30 gallons of liquid methamphetamine.
De Sylvia will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Border Patrol conducted the investigations. Assistant U.S. Attorney Christopher S. Coker prosecuted the case.
Lake Andes Man Charged with Assault and Felony Abuse and Neglect of a Child Under Seven YearsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Felony Abuse and Neglect of a Child Under Seven Years.
Jerrad Dean Clairmont, age 19, was indicted on May 9, 2017. He appeared before U.S. Magistrate Judge Veronica Duffy on June 12, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction for each count are as follows: Assault Resulting in Serious Bodily Injury has a penalty of mandatory minimum of 10 years up to life imprisonment and/or a $250,000 fine; Felony Abuse and Neglect of a Child Under Seven Years has a penalty of 15 years of imprisonment and/or a $250,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, in April 2017, Clairmont unlawfully assaulted a child who had not attained the age of 18 years, and said assault resulted in serious bodily injury. Clairmont also intentionally and knowingly abused and exposed the child by subjecting the child to an environment which constituted mistreatment and abuse, and whom lacked proper parental care through the acts and omissions of the child’s parent, guardian, or custodian.
The charge is merely an accusation and Clairmont is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Clairmont was released on bond. A trial date has not been set.
June 23 Conference Focuses on Issues of Veterans Caught in the Criminal Justice SystemRead the Press Release
BIRMINGHAM – The U.S. Attorney’s Office, Samford University’s Cumberland School of Law, and the University of Alabama’s School of Social Work will present a conference June 23 to address issues of military veterans who either have been incarcerated or faced diversionary courts, announced Acting U.S. Attorney Robert O. Posey.
“Justice Involved Veterans: From Arrest to Successful Reentry” will be a daylong conference at Cumberland School of Law on Samford’s campus in Homewood. The conference will examine the needs of veterans at various points following their discharge from the military to determine when they are likely to be most vulnerable to committing a crime. The conference also will explore how to improve the chances that a veteran will successfully return to society after incarceration, and will examine veterans’ treatment courts and their role as an alternative to incarceration.
“Military veterans too often return from service to face daunting challenges at home,” Posey said. “As a nation, we must do more than thank them for their service and move on. We need to acknowledge that many struggle with PTSD, with unemployment and chronic homelessness, and sometimes with the rule of law. This conference will provide information to help service providers, lawyers and law enforcement better assess the needs of troubled veterans and help them build successful lives after serving their country, and sometimes after serving their sentence for a crime.”
The conference will include a morning and an afternoon keynote address, each followed by panel discussions. Evan Seamone, an attorney at the Veterans Law Clinic of the Legal Services Center of Harvard Law School, will give the morning address. At the Harvard clinic, Seamone represents veterans in a variety of matters, including applications for disability benefits and military discharge upgrades. Prior to joining the clinic, he was a professor at Mississippi College School of Law where he directed the Legal Writing Program and helped to start the school’s monthly program to assist veterans with legal matters. Members of the panel responding to Seamone’s address will be Jefferson County District Attorney Pro Tem Danny Carr, Alabama Department of Veterans Affairs Commissioner Clyde Marsh and American Legion Alabama Department Adjutant Greg Akers. David L. Albright, Ph.D., associate professor, University of Alabama School of Social Work, will moderate the morning panel.
David L. Pelletier, project director for the Veterans Treatment Court Planning Initiative at the National Association of Drug Court Professionals, and a Marine Corps veteran, will present the afternoon address. Members of the panel responding to Pelletier’s presentation will be Shelby County Veterans Court Judge William Bostick, former Cumberland School of Law Dean John Carroll and Jefferson County Deputy District Attorney Mike Philpott. Paula Stokes, veteran experience relationship manager in Alabama for the Southeast District of the U.S. Department of Veteran Affairs, will moderate the afternoon panel.
Other panels during the conference will address the topics, Veterans Justice Outreach and Reentry and Community Corrections.
The conference is free and open to the public, but seating is limited. RSVPs are required by June 19 to [email protected]. Continuing education credit for attorneys and social workers is available for the conference.
The conference will be from 8 a.m. to 4:30 p.m. in Cumberland’s John Carroll Moot Courtroom, 800 Lakeshore Drive, Homewood, AL 35209.
Juan Thompson Pleads Guilty in Manhattan Federal Court to Cyberstalking and Making Fake Bomb Threats to JCCs and Other Organizations That Serve the Jewish CommunityRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that JUAN THOMPSON pled guilty today to one count of cyberstalking and one count of making hoax bomb threats as part of THOMPSON’s campaign to harass and intimidate a particular woman (“Victim-1”), by, among other things, communicating at least 12 threats to Jewish Community Centers (“JCCs”) and other Victim Organizations in Victim-1’s name.
Acting U.S. Attorney Joon H. Kim said: “Fueling fear and distress, Juan Thompson made fake bomb threats to over a dozen Jewish Community Centers and organizations around the country. As he admitted today in pleading guilty, Thompson made these threats as part of a cruel campaign to cyberstalk a victim with whom he previously had a relationship. Thompson’s threats not only inflicted emotional distress on his victim, but also harmed Jewish communities around the country. Thanks to the dedicated work of the FBI and NYPD, Thompson will now be held to account for his crimes.”
According to the Complaint, the Information, and other statements made in open court:
In July 2016, THOMPSON began a months-long campaign of harassment targeting Victim-1 after Victim-1 ended their relationship. THOMPSON’s conduct culminated with a series of hoax threats, including hoax bomb threats, targeting JCCs, organizations that provide service to and on behalf of the Jewish community, schools, and police departments.
THOMPSON started his campaign of harassment of Victim-1 in 2016. In July of that year, an email was sent to Victim-1’s employer, which made false allegations about Victim-1, including that she had broken the law, using an internet protocol (“IP”) address that THOMPSON had previously used to access his social media account. On October 15, 2016, an IP address that traced back to THOMPSON’s residence was used to falsely report that Victim-1 possessed child pornography. When confronted by law enforcement on November 22, 2016, THOMPSON claimed that his email account had been hacked a few weeks earlier.
THOMPSON also made at least 12 hoax threats targeting JCCs, organizations that provide service to and on behalf of the Jewish community, schools, and police departments. For instance, on or about February 21, 2017, the Anti-Defamation League (“ADL”) received an emailed threat at their midtown Manhattan office, which indicated that “[Victim-1’s name and birthdate] is behind the bomb threats against jews. She lives in nyc and is making more bomb threats tomorrow.” The next day, the ADL received a phone call claiming that explosive material had been placed in the ADL’s midtown Manhattan office.
Some of THOMPSON’s threats were made in his own name, as part of an effort to claim that Victim-1 was trying to frame THOMPSON for a crime. For instance, on or about February 7, 2017, a JCC in Manhattan received an emailed bomb threat from an anonymous email account that stated: “Juan Thompson [THOMPSON’s birthday] put two bombs in the office of the Jewish center today. He wants to create Jewish newtown tomorrow.” The email’s use of the phrase “Jewish newtown” appeared to refer to a December 2012 school shooting in Newtown, Connecticut, in which a gunman murdered 26 victims.
In February 2017, a Twitter account used by THOMPSON (the “Thompson Twitter Account”) was used to accuse Victim-1 of responsibility for the JCC Threats and to claim that Victim-1 was trying to frame THOMPSON for her crimes. For instance, on February 24, 2017, the Thompson Twitter Account posted: “[s]he [Victim-1], though I can’t prove it, even sent a bomb threat in my name to a Jewish center, which was odd given her antisemitic statements. I got a visit from the FBI. So now I’m battling the racist FBI and this vile, evil, racist white woman.” On February 26, 2017, the Thompson Twitter Account posted “The hatred of Jews goes across all demos. Ask NYC’s [Victim-1’s employer]. They employ a filthy anti-Semite in [Victim-1]. These ppl are evil.”
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THOMPSON, 32, of Saint Louis, Missouri, pled guilty to one count of cyberstalking, which carries a maximum sentence of five years in prison, and one count of hoax threats, which also carries a maximum sentence of five years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Judge.
THOMPSON is scheduled to be sentenced by U.S. District Judge Kevin P. Castel on September 15, 2017.
Mr. Kim praised the outstanding investigative work of the FBI, and thanked the United States Secret Service, New York City Police Department, and Saint Louis Police Department for their ongoing investigative assistance.
The prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Jacob Warren and Andrew DeFilippis are in charge of the prosecution.
Joplin Man Indicted for Producing Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man was indicted by a federal grand jury today for producing child pornography.
Richard James York, 26, of Joplin, was charged in a two-count indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment alleges that York used a nine-year-old minor (identified as Jane Doe) to produce child pornography from March 1, 2017, to March 16, 2017. York is also charged with one count of receiving and distributing child pornography over the Internet.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cyber Crime Task Force and the Jasper County, Mo., Sheriff’s Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indiana Man Sentenced for Committing Perjury in East Texas TrialRead the Press Release
TYLER, Texas – A 56-year-old Fishers, Indiana man has been sentenced to federal prison for committing perjury in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
David Hernon, formerly of Richardson, Texas, pleaded guilty on Dec. 29, 2015, to making false declarations before the court and was sentenced to 15 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, in 2011, Hernon’s co-defendant and former business partner, Albert Davis, 56, formerly of Richardson, Texas, through his company, LBDS Holding Company, LLC, filed a federal suit against Korean-company ISOL Technology, Inc. (LBDS Holding Company, LLC v. ISOL Technology, Inc., et al., Case No. 6:11-CV-428) in the Eastern District of Texas, alleging breach of contract, trade secret misappropriation, and unfair competition. During the 2014 trial of the case, Davis and Hernon testified falsely about business dealings with Cerner Corporation and offered false exhibits to support LBDS’s claim for damages. At the conclusion of the trial, the jury awarded LBDS a verdict of $25 million. When the perjury was discovered, attorneys for ISOL filed an emergency motion for sanctions against LBDS. The district court vacated the verdict, dismissed LBDS’s case with prejudice, and awarded ISOL $738,706.47 in attorney’s fees.
Davis and Hernon were charged in the Eastern District of Texas in 2015 with making false declarations before court. Davis’s case remains pending.
Davis, David Tayce, 67, of Lucas, Texas, Hernon, and Richard Bryant, 41, and his wife, Christina Bryant, 41, both of Sachse, Texas, were charged in a related case in the Western District of Missouri for conspiring to commit wire fraud. From Aug. 25, 2008 to Feb. 19, 2015, Davis and his co-conspirators engaged in a scheme to use Cerner Corporation’s reputation and standing in the medical field to manipulate business transactions and court proceedings in their favor.
On Apr. 24, 2017, Davis, was sentenced by U.S. Chief District Judge Greg Kays in the Western District of Missouri to 12 years in federal prison. The court also ordered Davis to pay $19,151,555 in restitution to the victims of the fraud scheme.
On Apr. 25, 2017, Tayce, Hernon, Richard Bryant, and Christina Bryant were sentenced in separate appearances before Judge Kays. Tayce was sentenced to six years and six months in federal prison and ordered to pay $19,151,555 in restitution. Hernon was sentenced to four years and four months in federal prison and ordered to pay $6,487,224 in restitution. Richard and Christina Bryant were each sentenced to five years of probation and ordered to pay $8,079,197 in restitution.
In a related matter, in the summer of 2013, Davis and Tayce, approached Community Trust Bank regarding financing for iHeart Care cardiovascular surgical centers that Davis and Tayce planned to develop across North Texas. The plan, as outlined by Davis and Tayce, was to open multiple iHeart cardiovascular surgical centers and team up with physicians at each location who would invest in the surgical centers and refer patients to the cardiovascular practices. Over the course of the next year, Davis, Tayce, and Rachelle Dashner, 44, of Dallas, Texas, prepared loan documents related to various iHeart Care locations in Denton, Ennis, Mesquite, and Mansfield. Davis, Tayce, and Dashner identified numerous physicians as guarantors in the loan documents without the physicians’ knowledge and authorization. The loan documents were submitted to Community Trust Bank, and based upon various false and fraudulent representations, Community Trust Bank funded numerous loans to iHeart. In many instances, the iHeart facilities for which financing was obtained were never built or made operational. In total, Davis, Tayce, and Dashner submitted fraudulent loan documents to Community Trust Bank and secured five fraudulent loans totaling over $7,500,000.
Dashner was charged in the Eastern District of Texas with conspiracy to commit bank fraud. She pleaded guilty on May 18, 2017. At sentencing, Dashner faces up to five years in federal prison.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld, in cooperation with Assistant U.S. Attorney Matthew P. Wolesky of the Western District of Missouri and Assistant U.S. Attorney Kimberly Davis of the Western District of Arkansas.
Historian Charged in Federal Court with Theft of Government Records from the National ArchivesRead the Press Release
FOR IMMEDIATE RELEASE www.justice.gov/usao/md
Contact Elizabeth Morse
at (410) 209-4885
Greenbelt, Maryland – Antonin DeHays, age 32, of College Park, Maryland, a historian, was charged by federal criminal complaint today with theft of government records from the National Archives and Records Administration (NARA).
The complaint was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Assistant Inspector General for Investigations Jason Metrick of the National Archives and Records Administration - Office of Inspector General.
Archivist of the United States David Ferriero stated, “The theft of our history should anger any citizen, but as a veteran I am shocked at allegations that a historian would show such disregard for records and artifacts documenting those captured or killed in World War II. Although we have increased our security measures in recent years, this case highlights the constant threat our records and artifacts face and why the security of the holdings of the National Archives is my highest priority.”
According to the affidavit filed in support of the complaint, between in or about October 2015 and on or about June 9, 2017, DeHays, a historian, repeatedly visited the National Archives at College Park, Maryland, and stole dog tags and other documents belonging to U.S. servicemen whose planes had crashed during World War II. DeHays sold the stolen dog tags on eBay. In addition, on at least one occasion, DeHays gave a stolen dog tag assigned to a Tuskegee Airman to a museum in Virginia, in exchange for an opportunity to sit inside a Spitfire airplane.
On June 9, 2017, investigators executed a federal search warrant at DeHays’s residence and seized six dog tags and other documents that had been stolen from National Archives at College Park.
If convicted, DeHays faces a maximum sentence of ten years in prison. An initial appearance was held for DeHays in U.S. District Court in Greenbelt on June 13, 2017.
A complaint is not a finding of guilt. An individual charged by complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
NARA Inspector General James Springs thanked all of the federal employees involved in this investigation, stating “Thefts from the Archives are thefts of history. We will work tirelessly to find those who would try to steal any record from the American people.”
Acting United States Attorney Stephen M. Schenning commended NARA – Office of Inspector General for their work in the investigation. Mr. Schenning also thanked Assistant United States Attorneys Nicolas A. Mitchell and Arun G. Rao, who are prosecuting the case.
Harrisburg Man Sentenced to 15 Years’ Imprisonment for Distributing Crack Cocaine and for Possessing A Firearm in Furtherance of Drug Trafficking ActivitiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 8, 2017, United States District Judge Sylvia Rambo sentenced Laquan Kellam, age 34, of Harrisburg, Pennsylvania, to 181 months’ imprisonment, for trafficking crack cocaine and for possessing a firearm in furtherance of drug trafficking.
According to United States Attorney Bruce D. Brandler, a jury convicted Kellam after a two-day trial of three counts of distributing crack cocaine, one count of possessing with the intent to distribute over 280 grams of crack cocaine and one count of possessing a firearm in furtherance of drug trafficking activities. Kellam distributed drugs in the Harrisburg area between June 20 and July 18, 2014.
Kellam has been in custody since the jury’s verdict.
The case was prosecuted by Assistant United States Attorneys Phillip J. Caraballo, Eric Pfisterer, and Meredith Taylor.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and by the Harrisburg City Police Department.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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Hanover Businessman Sentenced to 3 Years in Prison on Bank Fraud and Money Laundering ChargesRead the Press Release
HARRISBURG – the United States Attorney’s Office for the Middle District of Pennsylvania announced today that Matthew S. Norris, Hanover, PA, age 34, the owner and operator of Norris Enterprises, d/b/a Aerus Electrolux, was sentenced yesterday by U.S. District Court Judge Sylvia H. Rambo to serve three years’ imprisonment and pay $148,852 in restitution on bank fraud and money laundering charges.
According to United States Attorney Bruce D. Brandler, Norris devised and executed a bank fraud scheme in 2011 that defrauded GE Bank out of $157,785. In 2011 Norris was the owner /operator of Aerus Electrolux, an authorized independent franchisee of Electrolux International, which was then located at 1125 York Street, in Hanover, PA. Norris executed the scheme by submitting credit applications under the names and personal identifiers of 25 of his customers to GE Bank without his customers’ knowledge or consent. By inflating their income on the electronic credit applications, Norris succeeded in obtaining lines of credit for his customers to purchase Electrolux products. Norris would then charge the accounts for fictional merchandise and, as a result, GE Bank would deposit the loan proceeds into his business account.
When the customers’ monthly credit card payments became due, Norris would make payments on their behalf without their knowledge from the proceeds of the scam. Monthly statements were never sent to the customers because, Norris listed his business address as their home address on their electronic credit applications.
The scheme was discovered in October of 2011 when an Electrolux executive became suspicious of Norris’ unusual sales transactions and initiated an onsite audit. When GE Bank learned what Norris had done, they immediately credited all amounts owed by the unwitting customers.
Judge Rambo also ordered Norris to serve three years of supervised release following his release from prison and ordered him to forfeit the sum of $157,782 to the United States. Judge Rambo directed Norris commence service of his three year sentence on July 26, 2017.
The case was investigated by the Harrisburg offices of the IRS Criminal Investigation Division and the U.S. Postal Inspection Service. The case was prosecuted by AUSA Kim Douglas Daniel.
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Granby Postal Carrier Indicted for Stealing MailRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Granby, Mo., postal carrier was indicted by a federal grand jury today for stealing mail.
James M. Chapman, 57, of Neosho, Mo., was charged in a two-count indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment alleges that Chapman took cash from the mail matter entrusted to him as a postal carrier between May 1, 2016, and Feb. 23, 2017.
Chapman is also charged with one count of delaying mail delivery. Chapman allegedly delayed the delivery of mail between Dec. 5, 2016, and Feb. 23, 2017.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by the U.S. Postal Service, Office of Inspector General.
Glen Carbon Man Pleads Guilty and Is Sentenced for Defrauding Victims from Prior ConvictionRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today, that Kenneth J. Lee, 54, of Glen Carbon in Madison County, Illinois, was sentenced on June 9, 2017 based upon his May 3, 2016, plea of guilty to a six-count information charging conspiracy to defraud, criminal contempt of court, mail fraud, making false statements and aggravated identity theft. The Court sentenced Lee to a term of imprisonment of 42 months, to be followed by three years of supervised release. The Court also ordered Lee to pay approximately $525,000 in restitution to victims of his fraud schemes.
In January of 2006, Lee pled guilty in United States District Court for the Eastern District of Missouri to charges that he had committed mail fraud and failed to file taxes. Lee was sentenced to prison, ordered to pay over $580,000 in restitution to his "Ponzi" scheme victims, and serve three years of supervised release after imprisonment. After his release from prison, he began serving his period of supervision in the Southern District of Illinois. While serving the term of supervised release Lee violated the 2006 order to repay his victims by failing to report to United States Probation and the United States Attorney’s Financial Litigation Unit, income and assets, that should have been used for restitution.
At his plea, Lee admitted that beginning in April of 2006 and continuing until July of 2015, Lee along with others agreed to utilize various entities, names, and ruses to conceal and disguise business dealings and assets. The defendant utilized assets generated by his various business and financial dealings to pay personal expenses while concealing those assets from the legitimate efforts of the government to obtain restitution for the defendant’s prior victims. During this time, Lee made false statements, created false documents, failed to comply with the order of the United States District Court for the Eastern District of Missouri, and, on at least one false document, used the name of a prior victim without permission, therein committing aggravated identity theft.
United States Attorney Donald S. Boyce complemented both investigative efforts by federal law enforcement as well as the supervision efforts of United States Probation. "The victims of this defendant have waited over 10 years for their savings to be paid back by a man who has worked tirelessly to continue his deception and fraud against his victims and the government’s efforts to get their money back. This prosecution is a sign that the victims, regardless of how much time has passed, are not forgotten, and that the men and women who investigate, and prosecute these cases will continue to work tirelessly to seek justice for them."
"Those who engage in this type of fraud should know they will not go undetected and will be held accountable," said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation.
The investigation was conducted by the Internal Revenue Service, Criminal Investigation, and the U.S. Postal Inspection Service. The case is being prosecuted by Assistant United States Attorney Ranley R. Killian.
Fresno Man Arrested on Federal Copyright Violations for Alleged Illegal Upload of ‘Deadpool’ Movie to the InternetRead the Press Release
LOS ANGELES – A Fresno man was arrested this morning on a federal criminal charge of copyright infringement that alleges he posted the movie “Deadpool” to his Facebook page.
As a result of the illegal upload, more than 5 million people were able to view the film copyrighted by the Twentieth Century Fox Film Corporation.
Trevon Maurice Franklin, 21, who used the screen name “Tre-Von M. King,” allegedly uploaded “Deadpool” approximately eight days after its February 2016 release to theaters.
Franklin is charged in a one-count indictment returned by a federal grand jury on April 7 with reproducing and distributing a copyrighted work, a felony offense that carries a statutory maximum penalty of three years in federal prison.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Franklin is expected to make his initial court appearance this afternoon in United States District Court in Fresno.
The case against Franklin is the product of an investigation by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorneys Ryan White and Vicki Chou of the Cyber and Intellectual Property Crimes Section
Framingham Man Pleads Guilty to Sexually Exploiting Approximately 150 BoysRead the Press Release
BOSTON – A Framingham man pleaded guilty yesterday in federal court in Boston to sexually exploiting approximately 150 boys by posing as a teenage girl on the internet and convincing them to send nude photos and videos of themselves to him.
Curtis Simoneau, 24, pleaded guilty to two counts of coercion and enticement of a minor and one count of possession of child pornography. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 2, 2017.
On March 7, 2016, law enforcement in central Massachusetts responded to a complaint regarding the possible sexual exploitation of a 13-year-old boy. When an officer interviewed the victim and his parents, the victim said he began communicating with “Lauren James” via KiK Messenger, a mobile instant messaging app, in December 2015.
Simoneau, posing online as “Lauren James,” told the victim that he was a 14-year-old girl living in Maine and offered to exchange nude images and nude videos with the victim, which they did on multiple occasions. The victim believed he was in an online relationship with “Lauren.” The victim also told law enforcement that he had introduced his friend, a 12-year-old boy, to “Lauren” via KiK, and that his friend and “Lauren” also exchanged nude images. An interview with the second victim confirmed that he too had exchanged nude images with “Lauren.”
Law enforcement was able to identify Simoneau as the individual who was posing as “Lauren James” as well as his Framingham address. The investigation further determined that Simoneau was previously convicted in a Massachusetts state court of possession of child pornography and placed on probation.
During the execution of a federal search warrant of Simoneau’s home on Aug. 4, 2016, 1,128 videos of child pornography and 712 photos of child pornography were discovered on Simoneau’s digital devices. All of the child pornography in Simoneau’s collection had been sent to him by boys who believed they were sending nude and sexually suggestive material of themselves to a teenage girl. In total, Simoneau victimized approximately 150 boys.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Evans; and Framingham Police Chief Kenneth Ferguson made the announcement today. Assistant U.S. Attorney David G. Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.