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Thursday 20 April 2017
Woman Sentenced to Three Years in Prison for Distributing OxycodoneRead the Press Release
PHOENIX – This week, Ma de Lourdes Casas-Franco, 45, of Nogales, Sonora, Mexico, was sentenced to 36 months in prison by U.S. District Judge Steven P. Logan. Casas-Franco had previously pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and money laundering conspiracy.
According to the plea agreement, Casas-Franco worked at a Mexican pharmacy, Sonora's Desert Pharmacy, from June 2010 through July 2011. On numerous occasions, Casas-Franco arranged to have oxycodone pills, a Schedule II controlled substance, delivered from the pharmacy in Mexico to a customer in the United States. She also arranged to have the part of the purchase price deposited into a bank account in her name maintained in a bank in the United States and part of the purchase price to be deposited into another's bank account. On at least one occasion, the total value of the order was in excess of $10,000.
The investigation in this case was conducted by agencies participating in the Organized Crime Drug Enforcement Task Force, which include, but are not limited to, the Mesa Police Department, Homeland Security Investigations, and the U. S. Postal Inspection Service. The lead agencies were the U.S. Drug Enforcement Administration and Internal Revenue Service-Criminal Investigation. The prosecution was handled by Karen McDonald and Maria Gutierrez, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-00763-PHX-SPL
RELEASE NUMBER: 2017-034_ Casas-Franco
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Winner Man Sentenced for Abusive Sexual Contact with a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Abusive Sexual Contact With a Child was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.
Joseph Edward Cordier, age 39, was sentenced to 60 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cordier was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.
The conviction stemmed from an incident that occurred between June 19, 2007, and June 19, 2009, wherein Cordier sexually assaulted a child who was between five and six years old. The incident occurred in Winner Tribal Housing in Tripp County.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cordier was immediately turned over to the custody of the U.S. Marshals Service.
Weymouth Man Pleads Guilty to Illegally Possessing Assault-Style Weapons and AmmunitionRead the Press Release
BOSTON – A Weymouth man pleaded guilty yesterday in federal court in Boston in connection with possessing assault-style weapons and ammunition.
Robert Nicholas Kurtzer, 36, pleaded guilty to one count of being a felon in possession of firearms and ammunition. According to court documents, Kurtzer was prohibited from possessing ammunition and/or firearms because of a prior state conviction for armed robbery. U.S. District Court Judge William G. Young scheduled sentencing for July 13, 2017.
In spring 2016, agents conducted an investigation into Kurtzer’s activities. On July 12, 2016, law enforcement officers stopped a pick-up truck, in which Kurtzer was a passenger, for a traffic violation. Kurtzer was carrying a large knife on his hip and a canister of pepper spray. Officers asked Kurtzer if there were any weapons in the vehicle, and Kurtzer replied, “Lots of them.” Kurtzer was searched and found in possession of: (1) a 10.5 inch Smith and Wesson fixed blade knife; (2) a canister of Sabre Red O/C spray; (3) one .300 AAC BLK caliber bullet; (4) several .22 caliber long rifle ammunition; and (5) seven .45 caliber Winchester ammunition.
Following Kurtzer’s arrest, officers searched Kurtzer’s Weymouth residence and a secondary storage locker where the following items were seized: two assault rifles (including a Midwest Industries AR15-style assault rifle with an optic scope attached to the top, and an AR15-style assault rifle with unknown manufacturer and a 37mm flare launcher attached to it); a Marlin bolt-action rifle with an obliterated serial number; two handguns (including a .45 caliber pistol bearing serial number 0615-020055; and a Colt MKIV Series 80 pistol, bearing an after-market Punisher logo); numerous weapons parts for use in the assembly of assault rifles and handguns; one firearm silencer; approximately six unfinished, partly assembled firearm silencers; milling machinery used to manufacture handguns and rifles; and approximately 671 rounds of assorted ammunition.
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Emily Cannon of Weinreb’s Organized Crime & Gang Unit is prosecuting the case.
Washington Man Sentenced for Possession of Unauthorized Access DeviceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mill Creek, Washington, man convicted of Unauthorized Access Device was sentenced on April 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mythyas Troy Godiava, a/k/a Daniel Nguyen, a/k/a Lourde Godiava, age 43, was sentenced to 42 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Godiava pleaded guilty to the charge on December 9, 2016. The charge related to Godiava being stopped by the South Dakota Highway Patrol in Lawrence County on April 4, 2016. A search was conducted on the vehicle and a meth pipe, over 1,000 gift cards, multiple debit/credit cards, a stolen passport, and multiple forms of identification were found. An investigation revealed that for the last several years Godiava has been defrauding various businesses by employing different fraud techniques, such as price tag switching or leaving the store without paying for cartloads of items. Godiava would then hire homeless men and women to return the items for store credit placed on gift cards.
This case was investigated by the South Dakota Highway Patrol and the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Godiava was immediately turned over to the custody of the U.S. Marshals Service.
Walgreen Co. Pays $9.86M to Settle Allegations of Improper Medi Cal BillingsRead the Press Release
SACRAMENTO, Calif. — United States Attorney Phillip A. Talbert announced today that Walgreen Co. (Walgreens) has paid $9.86 million to resolve allegations that it violated the federal False Claims Act when it knowingly submitted claims for reimbursement to California’s Medi-Cal program that were not supported by applicable diagnosis and documentation requirements.
Walgreens is one of the largest drugstore chains in the United States, operating approximately 630 stores in California. The company is headquartered in Deerfield, Illinois. The Medi-Cal program is administered by the California Department of Health Care Services (DHCS) and relies on both federal and state funding to provide health care to millions of Californians, including those with low incomes and disabilities.
Medi-Cal utilizes a formulary list, commonly known as “Code 1” drugs, which designates certain restrictions for each listed drug, including restrictions pertaining to diagnoses. Medi-Cal will reimburse certain Code 1 drugs only for approved diagnoses, taking into account criteria such as the drug’s safety, efficacy, misuse potential, and cost. Pharmacies serve the critical gatekeeping function of confirming and certifying that these Code 1 drugs are dispensed for the approved diagnoses. Walgreens may bill for drugs prescribed outside of the approved diagnoses, but it must submit a request to DHCS that includes a justification for the non‑approved use. Today’s settlement resolves allegations that Walgreens failed to confirm and document the requisite diagnoses, and in some instances dispensed drugs for non-approved diagnoses, then knowingly billed Medi-Cal for these prescriptions.
The allegations resolved by this settlement were first raised in two lawsuits filed against Walgreens under the qui tam, or whistleblower, provisions of the False Claims Act by a former Walgreens pharmacist and a former pharmacy technician. The Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The whistleblowers in this matter will collectively receive approximately $2.3 million of the recovery proceeds.
“This settlement illustrates our commitment to protect the integrity of California’s Medi‑Cal program,” said U.S. Attorney Talbert. “Regulations like those at issue here protect both critical funding and beneficiaries served. My office will continue working to ensure that pharmacies comply with these regulations.”
This settlement is the result of a joint effort by the United States Attorney’s Office for the Eastern District of California and California’s Bureau of Medicaid Fraud and Elder Abuse. Assistant United States Attorney Catherine J. Swann handled the matter for the United States with assistance from the Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation. The claims settled by this agreement are allegations only, and there has been no determination of liability.
VA Exonerated in Medical Malpractice LawsuitRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that, following a 17-day civil trial, Senior U.S. District Judge William M. Skretny dismissed a medical malpractice lawsuit seeking $25,000,000 in damages brought by plaintiffs Edward and Roxanne Blake against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiffs claimed that the VA failed timely to diagnosis and treat cauda equina syndrome, a sudden compression of the nerves of the lower spine, which can result in severe neurological impairments. Assistant U.S. Attorneys Michael S. Cerrone and Mary E. Fleming handled the defense of the case at trial for the VA.
The plaintiffs claimed that physicians failed to diagnose Blake with cauda equina syndrome when he visited the VA on June 29 and 30, 2006. In his post-trial ruling, Judge Skretny stated that the “plaintiffs have failed to prove” their malpractice claims and found that Blake did not have cauda equina syndrome on those dates. Judge Skretny instead determined that Blake first presented with symptoms of cauda equina syndrome at the VA on the afternoon of July 1, 2006, and he underwent surgery within 24 hours. Judge Skretny concluded that the VA physicians’ treatment of Blake was “well within the standard of care for treating” cauda equina syndrome “in a timely manner.”
At trial, the plaintiffs presented testimony from nine expert witnesses, including seven medical doctors. The Government countered with the testimony of neurosurgeon Dr. Douglas Moreland.
United States Announces Settlement with Chicago Board of Elections to Ensure Compliance with Americans with Disabilities ActRead the Press Release
CHICAGO — The United States Attorney’s Office today announced a settlement with the Board of Election Commissioners for the City of Chicago to ensure accessibility of polling sites to persons with disabilities.
The agreement requires the Board of Elections to ensure that every polling site is accessible to persons with disabilities by the Nov. 6, 2018, election. The Board will provide training to all precinct coordinators on how to install and maintain any temporary equipment and accessibility items, such as wheelchair ramps, accessible parking or the placement of mats over thresholds. On Election Day and during early-voting periods the Board must maintain in working order all facilities and equipment, including lifts, elevators and ramps, that are needed to make polling sites accessible to individuals with disabilities.
The Board cooperated with the U.S. Attorney’s Office to voluntarily reach the settlement agreement without the need for a lawsuit.
The settlement agreement, which became effective on April 11, 2017, was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois.
“The right of individuals to participate in our democratic system of government includes full and equal access to polling sites,” said Acting U.S. Attorney Levin. “This agreement represents an important step toward guaranteeing voting access to all of our citizens.”
In 2016 the Board oversaw 1,452 polling sites that housed 2,069 precincts, and also operated 50 additional sites for early voting in the 40 days leading up to the election. Pursuant to the ADA and Illinois law, all polling places must be accessible to voters with disabilities. In the spring of 2016 the Department of Justice reviewed more than 100 polling places in Chicago and concluded that many have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
In response to the Department’s initial findings, the Board expressed its commitment to making all polling locations accessible to voters with disabilities, and it retained Equip for Equality, the federally funded protection and advocacy system for persons with disabilities in Illinois, to inspect an additional 1,000 Chicago polling sites. In the November 2016 election, Equip for Equality found additional polling sites that were not accessible to voters with disabilities. Pursuant to the settlement agreement, the Board will continue to engage Equip for Equality or some other third-party expert as a consultant to review polling sites and determine whether alternative locations should be used.
Although the United States agreed not to presently institute a civil action alleging discrimination under the ADA, it may review the Board’s compliance with the settlement at any time during the duration of the agreement. If the United States believes the agreement has been violated, it reserved the right to institute a civil action in the appropriate U.S. District Court to enforce the agreement.
The United States is represented by Assistant U.S. Attorney Patrick W. Johnson.
Title II of the ADA prohibits public entities, such as the Board of Election Commissioners for the City of Chicago, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To learn more about the ADA and other laws protecting the rights of voters with disabilities, log on to www.ada.gov/ta-pubs-pg2.htm or call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).
U.S. Postal Worker Pleads Guilty to Accepting Bribe to Deliver MarijuanaRead the Press Release
BIRMINGHAM – A former postal carrier pleaded guilty this week in federal court to accepting a bribe to deliver marijuana in the U.S. mail as part of a conspiracy to distribute the drug, announced Acting U.S. Attorney Robert O. Posey and U.S. Postal Inspector Frank Dyer.
DEANN MARCHETT DIXON STEVENSON, 43, of Birmingham, entered her plea Tuesday before U.S. District Court Judge R. David Proctor. The U.S. Attorney’s Office charged Stevenson in February. Her sentencing date has not been set.
Stevenson was a mail carrier at the Meadowbrook Post Office. She pleaded guilty to conspiracy to distribute marijuana in Jefferson and Shelby counties between January 2016 and September 2016. Court documents do not name her co-conspirators.
Stevenson also pleaded guilty to one count of accepting a bribe to deliver U.S. mail.
The U.S. Postal Inspection Service investigated the case, which Assistant U.S. Attorney Brad Felton is prosecuting.
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U.S. Attorney’s Office to Honor Two Law Enforcement AgentsRead the Press Release
United States Attorney Randolph J. Seiler has announced that his office will honor two law enforcement agents with a Distinguished Service Award. The presentation will take place at the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association Spring Conference at The Lodge in Deadwood on April 19, 2017.
The first honoree is Brent Gromer, South Dakota Division of Criminal Investigation Supervisory Special Agent and Internet Crimes Against Children (ICAC) Commander. SSA Gromer is being honored for his dedication to protecting children from online predators. He has been involved in numerous undercover operations, and part of his job with ICAC is to investigate offenders who use the internet, online communication systems, or computer technology to sexually exploit children. SSA Gromer’s investigative abilities and techniques have resulted in the prosecution of numerous child predators. SSA Gromer has been the architect of the proactive Sturgis Bike Rally operations, targeting online predators since 2013. Since that time, each year he innovates methodology in response to the ongoing changes which necessarily occur in these types of cases, including advancements in technology, changes in predators’ behavior, and constant demands drawing limited resources elsewhere. Most recent totals show that combined since that time, the Rally Operation has resulted in over 1,000 months of imprisonment for internet predators. The ICAC Task Force was created to help Federal, State and local law enforcement agencies enhance their investigations.
Also being honored is John Long. Agent Long recently stepped down as Assistant Special Agent in Charge of the Bureau of Indian Affairs after having served virtually his entire distinguished career in South Dakota. Agent Long singlehandedly revitalized the Bureau of Indian Affairs Office of Justice Services upon his arrival in Pine Ridge in 2004. As a result of his extraordinary determination and commitment to the safety of the citizens of the Oglala Sioux Tribe, hundreds of important violent crimes were prosecuted in federal court over many years. Agent Long also distinguished himself through his outreach to other federal agencies, as well as State and law enforcement offices in an effort to bring all resources to the table to stem crime on the reservation.
Two South Florida Men Sentenced to Federal Prison for Aggravated Identity Theft and Wire Fraud ConspiracyRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Wilbert Theodore (33, Miami) to four years and nine months in federal prison and Ralph August Lohier (30, Miami) to three years and six months in federal prison for conspiracy to commit wire fraud and aggravated identity theft. The Court also ordered them to pay restitution to the victims of their crimes and to forfeit computer media and a credit card re-encoder they had used as part of their criminal activity.
According to court documents, in 2016, Lohier and Theodore conspired with another individual in south Florida to obtain debit cards that had been re-encoded with legitimate account numbers belonging to others. In doing so, Lohier was able to obtain fraudulent cards with his name embossed on them. Another portion of the cards were embossed with the name “C.S.” Thereafter, Theodore obtained a counterfeit Florida driver license in the name of C.S. After obtaining the cards and the counterfeit license, Lohier and Theodore traveled from south Florida to various places, including Flagler and Orange Counties, using the cards. They purchased merchandise, funded reloadable debit cards, and sent and received multiple money transfers through Western Union.
On March 8, 2016, a trooper with the Florida Highway Patrol conducted a traffic stop on I-95 in Flagler County on a vehicle being driven by Lohier, with Theodore inside. During the stop, the trooper located the counterfeit driver license in the name of C.S., but containing a picture of Theodore. While detained in the trooper’s vehicle, Theodore and Lohier attempted to conceal a large quantity of re-encoded, reloadable debit cards within the rear section of the vehicle.
A search of Lohier’s vehicle revealed an additional quantity of re-encoded, reloaded debit cards in the name of the Lohier and C.S, computer media, and a credit card re-encoder. Further investigation determined that Lohier and Theodore possessed 86 re-encoded cards.
This case was investigated by the Florida Highway Patrol and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Two Sanford Men Charged in A Drug Conspiracy Involving the Trafficking of Heroin, Cocaine, and Stolen FirearmsRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the unsealing of a criminal complaint charging Christopher Dickerson (38) and David Heineman (62), both of Sanford, with conspiracy to distribute controlled substances. Dickerson is also charged with possession of a firearm by a convicted felon. If convicted on all counts, Dickerson faces a maximum penalty of life in federal prison. Heineman faces a maximum penalty of 20 years in federal prison. Both men were arrested yesterday and are being detained pending further proceedings.
According to court documents, between March 17 and April 5, 2017, in Orlando, Dickerson and Heineman conspired with each other and sold powder cocaine, heroin, nine firearms, and two bulletproof vests to an undercover agent. Several of the firearms were stolen, including a .45 caliber Glock pistol that was taken on March 23, 2017, from an Orange County Sheriff’s deputy’s vehicle. Due to his multiple prior felony convictions, including possession of cocaine, delivery of hydromorphone, possession of cocaine with intent to sell or deliver, and possession of a firearm by a convicted felon, Dickerson is prohibited from carrying a firearm or ammunition under federal law.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office, with assistance from the Seminole County Sheriff’s Office and the Brevard County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Andrew C. Searle.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl McCrary, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Two Indicted in Burglary of Nineteen Firearms from Collingdale Firearms DealerRead the Press Release
PHILADELPHIA – A three-count indictment was unsealed today charging Jabaar Tindell (41) and Marc Bredell (28), both of Philadelphia, with theft of firearms from a federal firearms licensee, knowing possession of stolen firearms, and, as against Tindell only, possession of a firearm by a convicted felon, all in connection with a burglary of Suburban Armory, a federally licensed firearms dealer located at 1008 MacDade Boulevard, Collingdale, Pennsylvania, on May 21, 2015. That burglary resulted in the theft of nineteen firearms the indictment alleges.
“ATF will continue to identify and arrest those individuals who steal firearms from our licensed dealers and funnel them into the hands of criminals who use them to commit violent crimes,” said ATF Special Agent in Charge Sam Rabadi. “We are committed to protecting our communities and business owners.”
If convicted of all counts, Tindell faces a maximum sentence of 30 years in prison, while Bredell faces a maximum sentence of 20 years in prison. Each defendant also faces possible fines, supervised release, and special assessments.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Collingdale Police Department and the Delaware County District Attorney’s Office, Criminal Investigation Division. It is being prosecuted by Assistant United States Attorney Eric A. Boden.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two High Point Women Plead Guilty to FraudRead the Press Release
Greensboro, N.C. – Acting United States Attorney Sandra Hairston announced today that two High Point, NC women pleaded guilty on a superseding Bill of Information to conspiracy to defraud the United States’ Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program.
Ingram and Mary Frances Ingram, both of High Point, NC, pleaded guilty in federal court in Winston-Salem before United States District Judge Thomas D. Schroeder. Sentencing has been set for August 22, 2017, at 2 p.m. Each defendant faces a term of imprisonment of up to five years, and a fine of up to $250,000.00. The court may also order restitution to victims of the offense.
The Ingrams are sisters who own and operate Becky’s and Mary’s Restaurant in High Point. The Ingrams used SNAP Electronic Benefit Transfer (EBT) cards belonging to other persons at local grocery stores to purchase food for their restaurant. The investigation revealed that between January 2015 and October 2016, the Ingrams, along with others, used more than 180 EBT cards to purchase food for the restaurant. On November 29, 2016, a federal search warrant was executed at the restaurant owned by the Ingrams. During the search, 21 EBT cards and a notebook containing names, card numbers, and PIN numbers were seized. None of the cards belonged to the Ingrams.
“USDA-OIG is dedicated to working with its federal, state, and local partners to investigate schemes that are devised by criminals to defraud our programs and the American taxpayer. These sisters utilized a supplying scheme to traffic in EBT benefits by illegally obtaining recipients’ EBT cards and purchasing supplies for their restaurant with those cards. In exchange, EBT recipients were paid a reduced amount in cash for use of their cards. The prosecution of these sisters should serve as a strong message that fraud in USDA programs will not be tolerated,” said Karen Citizen-Wilcox, Special Agent-in-Charge for USDA-OIG.
The High Point Police Department and the United States Department of Agriculture, Office of the Inspector General investigated the case. The case was prosecuted by Assistant United States Attorney Anand Ramaswamy.
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Troy Man Sentenced for Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK – Vashawn Dawkins, age 24, of Troy, New York, was sentenced today to 60 months and one day in prison for possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute cocaine.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The sentence followed Dawkins’s November 22, 2016 guilty plea. U.S. District Judge Mae A. D’Agostino also imposed a 4-year term of supervised release.
On August 8, 2016, Dawkins possessed more than 500 grams of cocaine together with a 9 millimeter semi-automatic pistol hidden in a basement closet along with other drugs and drug paraphernalia, including a digital scale and chemicals used to convert powder cocaine to crack cocaine. As part of his plea, Dawkins admitted that he purchased the gun in exchange for cash and crack cocaine.
This case was investigated by the ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
Topeka Woman Sentenced for Health Care Fraud Involving Developmentally Disabled AdultsRead the Press Release
TOPEKA, KAN. - A Topeka woman was sentenced Wednesday to 30 months in federal prison for billing Medicaid for services she did not provide to developmentally disabled adult patients, U.S. Attorney Tom Beall and Kansas Attorney General Derek Schmidt announced today. She was ordered to pay more than $480,000 in restitution.
Kristina Hansel, 45, Topeka, Kan., pleaded guilty in November 2016 in federal court in Topeka to one count of conspiracy to commit health care fraud. The crimes occurred while Hansel owned and operated Achieve Services, LLC, which was licensed to provide day and residential services to developmentally disabled adults.
In her plea, Hansel admitted the following:
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Billing Medicaid for services not provided.
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Providing false and fraudulent documentation, or no documentation at all.
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Making false and fraudulent statements to obtain and renew her license.
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Failing to hire a Registered Nurse or a License Practical Nurse to provide medical services, including medication administration.
Hansel also admitted that in one case she withheld medical treatment from a patient and directed others to help her cover up medication overdoses so licensing authorities would not learn of the problem.
The case was jointly investigated by federal and state authorities and prosecuted by the Kansas Attorney General’s Medicaid Fraud and Abuse Division.
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Tomball Business Executive Sentenced in $15 Million False Invoicing SchemeRead the Press Release
HOUSTON – The owner of Tinkle Management Inc. (TMI) has been ordered to federal prison following his conviction of wire fraud and money laundering, announced Acting U.S. Attorney Abe Martinez. John Blake Tinkle, 60, of Tomball, pleaded guilty Sept. 29, 2016.
Today, U.S. District Judge Alfred Bennett, who accepted the guilty plea, handed Tinkle a 48-month sentence. At the hearing, Tinkle admitted that from 2008 through 2015, he falsely invoiced Houston-based Westlake Chemical Corporation for more than $15.6 million in shipping supplies that TMI never delivered. The court entered a money judgment for the $15.6 million and ordered restitution in the same amount. In handing down the sentence, Judge Bennett commented on the extent of the fraud scheme and noted that since Tinkle was from “good stock”—an upstanding and respected local family—he clearly “knew better.” Tinkle also will be required to serve three years of supervised release following completion of the prison term.
TMI was Westlake’s supplier of plastic shipping bags that Westlake used to ship its chemical products internationally. TMI delivered the shipping bags to Packwell Inc., a packaging and logistics company in La Porte. Packwell then used the bags to package Westlake’s chemical products and ship those products through the Houston ship channel. In addition to invoicing Westlake for bags that had actually been delivered, Tinkle submitted false invoices to Westlake for deliveries of bags to Packwell that, in reality, had not occurred.
Tinkle supported his false invoices to Westlake by attaching Packwell receiving reports Tinkle doctored to purportedly show the undelivered bags had actually been received by Packwell. To obtain financing, Tinkle then caused the fraudulent invoices to be presented to Charter Capital, a Houston factoring company, that relied on the invoices in providing funding to TMI. Westlake and Charter Capital paid TMI millions of dollars based on deliveries that never occurred.
Additional evidence was presented today regarding the pervasiveness of the almost seven-year fraud scheme. In some years, more than 80 percent of the invoices Tinkle submitted to his customer Westlake Chemical were fraudulent. Tinkle spent the money from the scheme supporting his family’s lifestyle, purchasing a new home, travel, an airplane and other items.
Previously released on bond, he was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Robert S. Johnson is prosecuting the case.
Texas man, Shreveport woman plead guilty to distributing methamphetamineRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Texas man and a Shreveport woman pleaded guilty to distributing methamphetamine.
Rogelio Lopez, 47, of Longview, Texas, and Guadaloupe Ponte, 27, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of conspiracy to possess with intent to distribute methamphetamine. According to the guilty pleas, DEA drug task force agents learned that Ponte was distributing methamphetamine in Shreveport. They recorded her on January 12, 2017 setting up sales and then observed her traveling to meet Lopez. Agents arrested the defendants after they arrived at a hotel in separate vehicles. Agents found 82.9 grams of methamphetamine in Lopez’s car and 326.6 grams of methamphetamine when they later searched his Texas home. Lopez admitted to being Ponte’s supplier of methamphetamine.
The defendants face 10 years to life in prison, at least five years of supervised release and a $10 million fine. The court set a sentencing date of August 8, 2017.
The DEA investigated this case with assistance from Shreveport law enforcement. Special Assistant U.S. Attorney R. Paul Gillespie is prosecuting the case.
Tennessee Sheriff Pleads Guilty to Federal Corruption and Civil Rights ChargesRead the Press Release
The sheriff of Fentress County, Tennessee, pleaded guilty today to three counts of honest services fraud and one count of deprivation of rights under color of law.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Jack Smith of the Middle District of Tennessee, Special Agent in Charge Michael Gavin of the FBI’s Memphis Division, Director Mark Gwyn of the Tennessee Bureau of Investigations (TBI) and District Attorney General of Jared Effler the Eight Judicial District in Tennessee made the announcement.
Charles Cravens, 47, of Jamestown, Tennessee, pleaded guilty today before U.S. District Judge Aleta Trauger of the Middle District of Tennessee. Sentencing is scheduled for July 20, 2017.
“Sheriff Cravens selfishly tarnished the reputation and badge worn proudly by so many hard-working and upstanding members of the law enforcement community who risk their lives every day. He shamefully turned his back on the citizens of Fentress County and used the powers of his office to serve his own personal and sexual desires and to victimize the inmates under his charge,” said Acting Assistant Attorney General Blanco. “Our prosecutors and law enforcement partners are committed to rooting out and exposing corruption and abuse of all kinds and at all levels of government.”
“Our citizens deserve public officials who serve their constituents, not their own personal interests,” said Acting U.S. Attorney Smith. “I promise you that elected officials in our district who abuse their authority and take advantage of the trust placed in them by the folks who put them in office will be brought to justice. The U.S. Attorney’s Office and our law enforcement partners serve the people of the entire district, including, not just Nashville, but also rural areas like Fentress County. We will enforce our nation’s laws equally to protect all our citizens of against abuses of power wherever they occur.”
“The citizens of Fentress County and all of Tennessee deserve elected officials who work in the public’s best interest, especially from those officials who are sworn to uphold the law,” said Director Gwyn. “We are grateful to have the cooperation and support of our federal and state partners in investigating officials who abuse that public trust.”“I am grateful to our law enforcement partners for their swift response and assistance to the citizens of Fentress County,” said District Attorney General Effler. “The District Attorney’s Office always stands ready to provide any assistance necessary to investigate and prosecute matters involving public corruption.”
As Sheriff of Fentress County, Cravens served as the chief law enforcement officer within Fentress County. Among his duties as Sheriff, Cravens was responsible for the operation of the Fentress County Jail in Jamestown, Tennessee, a correctional facility housing approximately 147 male and female inmates.
According to admissions in the plea agreement, Cravens used his position as Sheriff to solicit sex from and have sex with female inmates incarcerated at the Fentress County Jail on multiple occasions between July 2016 and April 2017 in exchange for benefits that other inmates did not receive.
Cravens admitted that in July 2016 he summoned an inmate into his office where they engaged in sexual activity. In August 2016, Cravens admitted that he discussed having sex together with two inmates, and that he drove them to a vacant trailer off jail property where the three engaged in sexual activity. Cravens further admitted that he maintained a sexual relationship with these inmates for several months, until they were released from jail, the last being in February 2017. Cravens also admitted that in February 2017, he drove a third inmate outside of the jail to visit a relative and initiated sex with the inmate in his vehicle on the route back. Cravens admitted that had sex with this inmate on at least one other occasion. Cravens also admitted that several of the sexual acts occurred in an official Fentress County Sheriff’s Department vehicle that Cravens was authorized to drive.
According to plea documents, Cravens admitted that he used his position as sheriff to provide additional benefits to these inmates in exchange for sex. Among those benefits, Cravens admitted to personally transporting inmates outside the jail to visit relatives. Cravens also admitted to providing money on three occasions to the relatives of two inmates for depositing into the inmates’ commissary accounts. Cravens further admitted to allowing two inmates to exit the jail building to smoke cigarettes that he either provided personally or directed other jail staff to provide. Cravens further admitted he provided his personal cellular telephone number to the inmates with whom he engaged in sexual conduct so they could call him using the Fentress County Jail telephone system to leave recorded messages with personal requests. According the plea, between Aug. 24, 2016, and March 1, 2017, three inmates placed over 700 calls total to Cravens’ phone.
Also according to the plea, Cravens admitted to using unreasonable force as a law enforcement officer in November 2016, kicking a handcuffed male inmate in the backside and also punching him twice in the back of the head.
The FBI and TBI are investigating the case. This case is being prosecuted by Acting Chief AnnaLou Tirol and Trial Attorneys Andrew Laing and Lauren Bell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee.
Tennessee Sheriff Pleads Guilty to Federal Corruption and Civil Rights ChargesRead the Press Release
The sheriff of Fentress County, Tennessee, pleaded guilty today to three counts of honest services fraud and one count of deprivation of rights under color of law.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Jack Smith of the Middle District of Tennessee, Special Agent in Charge Michael Gavin of the FBI’s Memphis Division, Director Mark Gwyn of the Tennessee Bureau of Investigations (TBI) and District Attorney General of Jared Effler the Eight Judicial District in Tennessee made the announcement.
Charles Cravens, 47, of Jamestown, Tennessee, pleaded guilty today before U.S. District Judge Aleta Trauger of the Middle District of Tennessee. Sentencing is scheduled for July 20, 2017.
“Sheriff Cravens selfishly tarnished the reputation and badge worn proudly by so many hard-working and upstanding members of the law enforcement community who risk their lives every day. He shamefully turned his back on the citizens of Fentress County and used the powers of his office to serve his own personal and sexual desires and to victimize the inmates under his charge,” said Acting Assistant Attorney General Blanco. “Our prosecutors and law enforcement partners are committed to rooting out and exposing corruption and abuse of all kinds and at all levels of government.”
“Our citizens deserve public officials who serve their constituents, not their own personal interests,” said Acting U.S. Attorney Smith. “I promise you that elected officials in our district who abuse their authority and take advantage of the trust placed in them by the folks who put them in office will be brought to justice. The U.S. Attorney’s Office and our law enforcement partners serve the people of the entire district, including, not just Nashville, but also rural areas like Fentress County. We will enforce our nation’s laws equally to protect all our citizens of against abuses of power wherever they occur.”
“The citizens of Fentress County and all of Tennessee deserve elected officials who work in the public’s best interest, especially from those officials who are sworn to uphold the law,” said Director Gwyn. “We are grateful to have the cooperation and support of our federal and state partners in investigating officials who abuse that public trust.”
“I am grateful to our law enforcement partners for their swift response and assistance to the citizens of Fentress County,” said District Attorney General Effler. “The District Attorney’s Office always stands ready to provide any assistance necessary to investigate and prosecute matters involving public corruption.”
As Sheriff of Fentress County, Cravens served as the chief law enforcement officer within Fentress County. Among his duties as Sheriff, Cravens was responsible for the operation of the Fentress County Jail in Jamestown, Tennessee, a correctional facility housing approximately 147 male and female inmates.
According to admissions in the plea agreement, Cravens used his position as Sheriff to solicit sex from and have sex with female inmates incarcerated at the Fentress County Jail on multiple occasions between July 2016 and April 2017 in exchange for benefits that other inmates did not receive.
Cravens admitted that in July 2016 he summoned an inmate into his office where they engaged in sexual activity. In August 2016, Cravens admitted that he discussed having sex together with two inmates, and that he drove them to a vacant trailer off jail property where the three engaged in sexual activity. Cravens further admitted that he maintained a sexual relationship with these inmates for several months, until they were released from jail, the last being in February 2017. Cravens also admitted that in February 2017, he drove a third inmate outside of the jail to visit a relative and initiated sex with the inmate in his vehicle on the route back. Cravens admitted that had sex with this inmate on at least one other occasion. Cravens also admitted that several of the sexual acts occurred in an official Fentress County Sheriff’s Department vehicle that Cravens was authorized to drive.
According to plea documents, Cravens admitted that he used his position as sheriff to provide additional benefits to these inmates in exchange for sex. Among those benefits, Cravens admitted to personally transporting inmates outside the jail to visit relatives. Cravens also admitted to providing money on three occasions to the relatives of two inmates for depositing into the inmates’ commissary accounts. Cravens further admitted to allowing two inmates to exit the jail building to smoke cigarettes that he either provided personally or directed other jail staff to provide. Cravens further admitted he provided his personal cellular telephone number to the inmates with whom he engaged in sexual conduct so they could call him using the Fentress County Jail telephone system to leave recorded messages with personal requests. According the plea, between Aug. 24, 2016, and March 1, 2017, three inmates placed over 700 calls total to Cravens’ phone.
Also according to the plea, Cravens admitted to using unreasonable force as a law enforcement officer in November 2016, kicking a handcuffed male inmate in the backside and also punching him twice in the back of the head.
The FBI and TBI are investigating the case. This case is being prosecuted by Acting Chief AnnaLou Tirol and Trial Attorneys Andrew Laing and Lauren Bell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee.
Siblings Plead Guilty as Part of Bank Robbery Conspiracy Using Hoax BombRead the Press Release
BIRMINGHAM – A brother and sister have pleaded guilty to conspiracy to rob a bank by placing a hoax bomb at an elementary school to divert police, announced Acting U.S. Attorney Robert O. Posey, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido and Alabama Fire Marshal Scott F. Pilgreen.
QUINESE NICOLE NICHOLS, 30, of Birmingham, entered her plea Thursday before U.S. District Court Judge Madeline Hughes Haikala to conspiracy to take money from a BBVA Compass Bank in Trussville by “force, violence and intimidation” on Nov. 16. She also pled guilty to conspiring to carry a firearm in furtherance of bank robbery. Her sentencing date has not been set.
Quinese Nichols’ brother, WENDELL ROY NICHOLS JR., 27, also of Birmingham, pleaded guilty to the bank robbery conspiracy last week. His sentencing is scheduled for Aug. 16.
The Nichols are among four people charged in the conspiracy to rob the Trussville bank by drawing the city’s police to Magnolia Elementary School by placing a hoax bomb at the school while it was in session.
ZACHARY EDWARDS, 35, and RALPHEL MAURIE EDWARDS, 34, are the remaining defendants and are scheduled for trial in July. The Edwards lived together but are not related. Both face the bank robbery conspiracy charge. Zachary Edwards also faces the charge of conspiracy to carry a firearm in furtherance of bank robbery, and two counts of being a convicted felon in possession of a firearm – a Ruger 9mm semi-automatic pistol on Nov. 16, and a Mossberg 12-gauge shotgun on Nov. 21.
Zachary Edwards was convicted in Jefferson County Circuit Court in April 2000 of assault, first degree, and discharging a firearm into an occupied dwelling, according to the indictment.
The defendants carried out the conspiracy as follows, according to court records:
In early November, Zachary and Ralphel Edwards and Quinese Nichols discussed plans to rob a bank. Soon thereafter, Zachary and Ralphel Edwards obtained a cardboard box, a stopwatch, strands of wire, gunpowder, Play-Doh and duct tape, which Zachary Edwards used to construct a hoax explosive device. On Nov. 16, Zachary Edwards and Quinese Nichols drove to Magnolia Elementary School in Trussville, where Zachary Edwards placed the hoax device on the hood of a truck in the school’s parking lot. He then called 911 and, while disguising his voice, falsely reported to Trussville Police that he had just seen a Hispanic male place a suspicious package on a vehicle at the school.
Armed with the Ruger pistol, the two then drove to a parking lot near the Compass Bank on Chalkville Mountain Road, which they had visited two days earlier to familiarize themselves with the location. Ralphel Edwards and Wendell Nichols were parked nearby in separate vehicles to serve as lookouts for their co-conspirators.
Zachary Edwards and Quinese Nichols left Trussville without attempting to rob the bank after seeing what they believed to be a police officer close to where they were parked near the bank.
The maximum penalty for the bank robbery conspiracy is five years in prison and a $250,000 fine. The maximum penalty for conspiracy to possess a firearm during a violent crime is 20 years in prison and a $250,000 fine, and the maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine.
The ATF investigated the case in conjunction with Trussville Police and the Alabama State Fire Marshal’s Office. Assistant U.S. Attorneys William G. Simpson and Michael A. Royster are prosecuting the case.
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Seven Sentenced in Conspiracy to Distribute Methamphetamine Across NW AlabamaRead the Press Release
BIRMINGHAM – A federal judge this week sentenced seven people from Jefferson, Walker, Marion and Franklin counties for conspiring to traffic methamphetamine across northwest Alabama, announced Acting U.S. Attorney Robert O. Posey and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
U.S. District Court Judge R. David Proctor on Monday sentenced GLADYS IVETTE RODRIGUEZ-VALLE, 34, of Pinson, to nine years in prison. Rodriguez-Valle pleaded guilty to the conspiracy in December, acknowledging she led the operation by sending couriers to Atlanta to buy multiple kilograms of methamphetamine between January 2015 and June 2016 for her and her co-defendants to distribute.
Also on Monday, Judge Proctor sentenced JEFFREY DOUGLAS DUNAWAY, 29, of Bear Creek, and GREGORY KEITH KING, 35, of Hodges, for their roles in the conspiracy. King received nine years and nine months in prison and Dunaway received eight years and nine months in prison.
Today, Judge Proctor sentenced co-defendants ALLEN M. MORGAN, 35, CONNIE HALLMARK BATCHELOR, 44, and EVAN ANDREW NORRIS, 39, all of Jasper, and KEVIN WAYNE BLACKBURN, 44, of Russellville. The judge sentenced Morgan to five years and three months in prison, Batchelor to eight years and four months, Norris to 14 years, and Blackburn to six years and eight months.
The remaining defendant in the case, BRUCE ALAN ROBERTS, 37, of Pinson, is scheduled for sentencing July 18 in the methamphetamine distribution conspiracy and in an unrelated wire fraud conspiracy that he pleaded guilty to in March.
The DEA investigated the case, which Assistant U.S. Attorney L. James Weil Jr. is prosecuting.
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Searcy Man Sentenced to 262 Months' Imprisonment for Production of Child PornographyRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI), and Faulkner County Sheriff Tim Ryals, announced today that Mitchell Johnson, 44, of Searcy, was sentenced to 262 months’ imprisonment and ten years of supervised release for production of child pornography.
Johnson was originally indicted in a five-count Indictment on March 2, 2016.Johnson was charged with one count of production of child pornography, two counts of distribution of child pornography, one count of receipt of child pornography, and one count of possession of child pornography. On November 21, 2016, Johnson pleaded guilty to one count of production of child pornography. The remaining counts of the Indictment were dismissed.
In Thursday’s hearing United States District Judge D.P. Marshall, Jr., specifically found that Johnson engaged in sexual contact with a minor. Johnson must also register as a sex offender.
“It is every parent’s worst nightmare to entrust their child to the care of someone else and have them sexually exploited,” Harris said. “What Johnson did to this innocent child is reprehensible and the sentence reflects the gravity of his actions.”
The investigation began in October 2015, when an undercover Faulkner County Sheriff’s investigator (UC) answered an advertisement on Craigslist seeking individuals who were into “family fun, especially dad/son, uncle/nephew.” After answering the advertisement, the UC and Johnson began chatting on the KIK messenger application.
Throughout the course of their conversations, Johnson sent the UC several images of child pornography. One of the images depicted a minor’s erect penis visible above his orange and blue boxer shorts. Johnson described the photograph as the erect penis of an 11-year-old minor who was spending the night at his residence. Johnson told the UC that the minor’s penis became erect when Johnson licked the minor’s nipples while the minor was sleeping.
“Today’s sentence of 21 years is a strong reflection of our repulsion at Johnson’s actions in producing child pornography involving a child under the age of 12,” Upchurch said. “Together with the United States Attorney’s Office for the Eastern District of Arkansas, the Arkansas Attorney General’s Office, the Faulkner County Sheriff’s Office, and the Ouachita Parish in Louisiana, we will continue to be committed to aggressively prosecuting and seeking appropriate punishment for child pornography crimes.”
While investigating Johnson, the FBI received information from the law enforcement in Louisiana that Johnson was engaging in text conversations with another individual and was sending child pornography to that individual. Agents obtained copies of the text messages and determined that Johnson sent the same images of child pornography to the suspect in Louisiana that he sent to the UC.
“The Faulkner County Sheriff’s Office will continue to work diligently, fighting to prevent these types of crimes from occurring in Faulkner County through proactive investigations,” Sheriff Ryals said. “Professional work by the agencies involved paid off in this case, and Mr. Johnson will not be a concern to the citizens for a long time.”
This investigation was conducted by the FBI, the Faulkner County Sheriff’s Office, and the Arkansas Attorney General’s Office. It was prosecuted by Assistant United States Attorney Kristin Bryant.
San Antonio Man Sentenced to Federal Prison for Bank RobberyRead the Press Release
In San Antonio this morning, 55-year-old Daniell Lavale Branch was sentenced to 68 months in federal prison followed by three years of supervised release and ordered to pay $4,772 restitution for committing a bank robbery announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On September 12, 2016, Branch pleaded guilty to one count of bank robbery. By pleading guilty, Branch admitted that on February 5, 2016 he committed a bank robbery at the J. P. Morgan Chase Bank on Blanco Road and that on February 16, 2016 he committed another bank robbery at the Frost Bank on Blanco Road.
After the robbery at Frost Bank, two bank employees observed Branch walk out of the front door of the bank and get into the passenger side of a white Dodge Magnum.
San Antonio Police officers were able to locate the Dodge and make a stop of the vehicle. Branch was arrested and during a search of Branch’s person, officers located the stolen bank money.
According to court records, Branch previously spent 30-months in prison for a 1997 bank robbery he committed in New York.
This case was investigated by FBI and prosecuted by Assistant United States Attorney Michael R. Hardy.
Porcupine Man Indicted for Attempted MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Attempted Murder, two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm during the Commission of a Crime of Violence.
Kison Robertson, age 45, was indicted on April 12, 2017. Robertson appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Robertson using a firearm to attempt to murder a male on March 30, 2017, at Porcupine. Robertson additionally used this firearm to assault the male and his son. This assault resulted in serious bodily injury to the male victim.
The charges are merely accusations and Robertson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Robertson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 6, 2017.
Point Hope Walrus Hunters Sentenced for Federal ViolationsRead the Press Release
Fairbanks, Alaska – Acting U.S. Attorney Bryan Schroder and U.S. Fish and Wildlife Service Special Agent in Charge, Ryan Noel, announced today that four Point Hope residents were sentenced in Fairbanks by Senior U.S. District Judge Ralph R. Beistline for charges stemming from their involvement in the illegal taking and waste of walruses near Cape Lisburne, Alaska, in September 2015. In issuing the sentences, the court accepted the concurrent sentencing recommendations of the tribal government of the Native Village of Point Hope, the U.S. Attorney’s Office, the defendants, and the U.S. Fish and Wildlife Service.
Adam T. Sage, 24, Michael R. Tuzroyluk Jr., 21, Guy S. Tuzroyluk, 27, and Jacob Lane, 24, residents of Point Hope, Alaska, pleaded guilty in federal court in Fairbanks for violations of the Marine Mammal Protection Act related to the illegal take of walrus. The charges arose from two hunting trips the men made to Cape Lisburne, Alaska, in 2015, where several hundred to a thousand or more walruses were hauled out on the beach. During the trips, some of the men shot several walruses and salvaged only the ivory tusks, leaving the entire carcass of each animal to waste. On each occasion, their actions caused the herd to stampede, which killed or injured up to two dozen or more additional walruses, half of them calves. All of the walruses killed in the stampedes were left to waste.
As part of a plea agreement, the defendants were sentenced to a three-year term of probation. The Council of the Native Village of Point Hope recommended special terms of probation to be imposed. The U.S. Attorney’s Office and each of the four defendants jointly agreed to those terms. The District Court accepted them and sentenced each defendant to three years’ probation, including these conditions:
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Pay $1000 restitution to be used for walrus conservation projects on Alaskan National Wildlife Refuges;
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Perform 500 hours of community service in Point Hope;
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Publicly apologize for their offenses to the Native Village of Point Hope Council and the Point Hope whaling captains;
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Make 12 public presentations in Point Hope and other coastal villages on hunting ethics and the legal duty to salvage in full any animal taken;
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No hunting of walrus for one year;
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Hunt for the subsistence needs of Point Hope elders during probation.
“The probationary sentence in this case, specifically the jointly recommended special conditions of probation, represent a unique and culturally informed resolution to serious marine mammal violations,” said Acting U.S. Attorney Schroder. “It is appropriate to work with the Native Village of Point Hope and its Council to further the goals of resource protection on which the applicable laws are grounded.”
"The U.S. Fish and Wildlife Service commends its law enforcement and conservation partners in aiding with this logistically difficult and after the fact investigation and prosecution. The village of Point Hope has a long tradition of subsistence hunting and fishing and occupies an important and central leadership role in the stewardship of Pacific walrus in Alaska,” said U.S. Fish and Wildlife Service Special Agent in Charge, Ryan Noel. “We are pleased with the sentence developed by the U.S. Attorney's Office and the representatives of Point Hope and are hopeful that it will enhance public awareness of the sensitivity of walrus haul-outs and the taking of walrus in violation of the law.”
This case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement for Northern Alaska, with assistance from the U.S. Fish & Wildlife Service Marine Mammals Management Office, the North Slope Borough Police Department, the North Slope Borough Department of Wildlife Management, the Department of the Interior Office of Inspector General Digital Forensic Lab, and the Alaska Sea Life Center in Seward, Alaska.
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Pine Ridge Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse as a result of a federal jury trial in Rapid City on April 13, 2017.
Ryan Bissonette, age 35, was indicted by a federal grand jury on June 17, 2014.
The charges related to an incident that occurred on August 8, 2013, near Pine Ridge. Bissonette was alleged to have used force to engage in a sexual act with a female incapable of consenting, by penetrating her genital opening with his hand and fingers.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney’s Office prosecuted the case.
Paterson, New Jersey, Man Charged with Armed Home Invasion While Posing as A Law Enforcement OfficerRead the Press Release
NEWARK, N.J. – A Paterson, New Jersey, man appeared in federal court today to face charges that he attempted to rob a Paterson residence while dressed in a Passaic County Sheriff’s uniform and wielding a firearm, Acting U.S. Attorney William E. Fitzpatrick announced.
Jason Thompson, 34, complaint in is charged by indictment with one count of conspiracy to commit Hobbs Act robbery, one count of attempted Hobbs Act robbery, one count of brandishing a firearm during a crime of violence, and one count of possession of a firearm by a convicted felon. Thompson was arraigned this morning before U.S. District Judge Claire C. Cecchi in Newark federal court.
According to documents filed in this case and statements made in court:
On Aug. 12, 2015 at around 7:00 a.m., Thompson and Clemente Carlos, 30, of Newark, New Jersey – while dressed in Passaic County Sherriff’s uniforms – accosted a female victim and her infant as the victim was leaving her residence in Paterson. The two men posed as law enforcement officers and led the victim back into her apartment inside the residence.
Once inside, Thompson allegedly removed a firearm from a sidearm holster and pointed it at the victim’s brother, who had been sleeping inside the apartment. Thompson then used a zip-tie to restrain the man’s hands behind his back and instructed him to kneel on the floor. After searching the apartment and failing to find the money they were looking for, Thompson and Carlos left the residence.
Law enforcement officers arrested Thompson outside his Paterson residence on Dec. 2, 2015. During a subsequent search of the residence, officers recovered a loaded revolver handgun from Thompson’s bedroom.
On Dec. 1, 2016, Carlos appeared before Judge Cecchi and pleaded guilty to a one-count information charging him with conspiracy to commit Hobbs Act robbery. Carlos is scheduled to be sentenced on May 2, 2017.
The Hobbs Act conspiracy charge and the attempted Hobbs Act robbery each carry a statutory maximum sentence of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The charge of brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison and a maximum sentence of life in prison. The charge of being a felon in possession of a firearm carries a maximum sentence of 10 years in prison and a $250,000 fine.
The charges and allegations in the indictment are merely accusations, and Thompson is presumed innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and members of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation leading to today’s charges. He also thanked the Passaic County Sheriff’s Office and the Paterson Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Organized Crime/Gangs Unit in Newark.
Defense counsel: Michael Pedicini Esq., Chatham
Parmelee Man Indicted for Firearm OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of a Firearm With an Obliterated Serial Number.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Felon in Possession of a Firearm is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction for Possession of a Firearm With an Obliterated Serial Number is up to 5 years in custody and/or a $250,000 fine, and 2 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that on December 24, 2016, Two Eagle did knowingly possess a 9mm caliber pistol and ammunition, and that the manufacturer’s serial number had been removed, obliterated, and altered.
The charges are merely accusations and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Assault is up to 10 years in custody and/or a $250,000 fine, and 3 years supervised release; the maximum penalty upon conviction for Child Abuse is 15 years in custody and/or a $250,000 fine, and 3 years supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on August 16, 2017, Two Eagle assaulted an individual with a knife with the intent to do bodily harm, and that the assault resulted in serious bodily injury. The Indictment further alleges that Two Eagle abused, exposed, tortured, tormented, and cruelly punished multiple children on that date.
The charges are merely accusations and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Owner of Independence Clinic Pleads Guilty to Health Care Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that the owner of an Independence, Mo., medical clinic pleaded guilty in federal court today to his role in a fraud scheme that involved disability examinations of veterans and to making false statements regarding his role in the physical examinations of commercial truck drivers.
David L. Biersmith, 80, of Kansas City, waived his right to a grand jury and pleaded guilty before U.S. District Judge Howard F. Sachs to a federal information that charges him with one count of health care fraud and one count of making false statements to a federal agency.
Biersmith was the owner and president of Industrial Medical Center (IMC) in Independence. Although Biersmith had no medical license or other medical credentials, IMC was a drug- and DNA-testing center and had contracts with various entities to provide medical services to patients and to provide drug testing and physical examinations for drivers of commercial motor vehicles.
On April 23, 2013, Biersmith signed a contract with Logistics Health, Inc., to provide disability examinations for veterans to determine the extent of veterans’ impairments and eligibility for benefits. Initially those examinations were conducted by a licensed physician at IMC. When the physician left in July 2013, Biersmith directed Wayne W. Williamson, 74, of Kansas City, and another person to perform the examinations, although they were not authorized to do so under the contract with Logistics Health. Williamson was formerly a physician but lost his medical license due to an earlier fraud scheme and a narcotics distribution charge.
In a separate but related case, Williamson pleaded guilty on Jan. 17, 2017, to health care fraud. Williamson was a medical consultant at IMC during various periods beginning at least as early as 2013 through at least March 2015.
Williamson was formerly a medical doctor but voluntarily surrendered his medical license in 2010 after he pled guilty to health care fraud; conspiracy to distribute Oxycotin, Percocet, and Xanax; and harassing or attempting to harass an investigator with the Missouri State Board of Healing Arts. Williamson was sentenced to three years in federal prison and permanently excluded from participation in Medicare or Medicaid programs.
Williamson admitted that he performed disability examinations for the Department of Veterans Affairs under IMC’s contract with Logistics Health. This was done in violation of Logistic Health’s contract with the Department of Veterans Affairs, which required that disability examinations be conducted by credentialed providers and that the examiners must have a clear and unrestricted license and not be excluded from participation in the Medicare or Medicaid programs.
IMC falsely represented that a licensed physician had completed and electronically signed the Disability Benefits Questionnaires. IMC submitted invoices to Logistics Health to be paid for 209 disability examinations on 53 veterans. In turn, Logistics Health submitted invoices to the Department of Veterans Affairs for the disability examinations performed by its subcontractor, IMC. The Department of Veteran’s Affairs paid Logistics Health $39,155 for the disability examinations performed by its subcontractor, IMC.
In April 2014, Logistics Health contacted the Department of Veterans Affairs—Office of Inspector General hotline and reported the fraudulent activity. Because a credentialed provider did not conduct the disability examinations, the Department of Veterans Affairs had to re-adjudicate all those claims. Some veterans had to be physically re-examined, and others had their claim file reviewed.
In addition to the health care fraud, Biersmith admitted that he made materially false and fraudulent statements related to IMC’s drug testing and medical examinations on drivers of commercial motor vehicles. Those examinations are required by Department of Transportation regulations. In a signed affidavit provided to federal agents, Biersmith stated that he had only signed a “few” physicals and only before, during, or after an examination had been performed by a chiropractor. In fact, Biersmith admitted today, he signed at least 65 such documents using the chiropractor’s name, including instances when the chiropractor did not perform the exam.
Under federal statutes, Biersmith is subject to a sentence of up to 15 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Cindi S. Woolery and Gregg R. Coonrod. It was investigated by the Department of Veterans Affairs—Office of Inspector General, the Department of Transportation—Office of Inspector General, the Department of Labor—EBSA and the Department of Health and Human Services—Office of Inspector General.
Owner and CEO of Debt Collection Company Sentenced to 100 Months in Prison for Orchestrating $31 Million Debt Collection SchemeRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that TRAVELL THOMAS, the owner, chief executive officer (“CEO”), and president of Four Star Resolution (“Four Star”), a Buffalo, New York-based debt collection company, was sentenced in Manhattan federal court to 100 months in prison for orchestrating a scheme to coerce thousands of victims across the country, through false threats and representations, into paying a total of more than $31 million to Four Star to resolve debts these victims purportedly owed. All 14 individuals charged in connection with the Four Star scheme have been convicted. THOMAS pled guilty on November 1, 2016, to conspiracy to commit wire fraud and wire fraud before U.S. District Court Judge Katherine Polk Failla, who also imposed today’s sentence.
Acting U.S. Attorney Kim said: “Travell Thomas was the mastermind behind the largest criminal debt collection scheme ever charged. Using abusive and outrageous threats to take advantage of vulnerable Americans, Thomas and his co-conspirators defrauded victims out of $31 million and Thomas made a small fortune for himself. Thomas will now serve a significant term in federal prison. This Office is committed to prosecuting those who prey and abuse everyday consumers.”
According to the Indictment and other filings in Manhattan federal court, and statements made in connection with THOMAS’s sentencing and other court proceedings:
Between 2010 and February 2015, THOMAS was the co-owner, CEO, and president of Four Star. In that capacity, Thomas oversaw four debt collection offices operated by Four Star in Buffalo and a team of managers and debt collectors. As part of his scheme to defraud individuals throughout the United States, THOMAS falsely inflated the balances of debts owed by individuals in Four Star’s debt collection software so that THOMAS’s debt collectors could collect more money from the victims than the victims actually owed, a practice known within Four Star as “juicing” balances. THOMAS also placed purported debts with more than one of his offices so that multiple collectors from within Four Star could solicit and coerce a particular victim to repay a debt more than once.
As owner and president of Four Star, THOMAS drafted, approved, and disseminated debt collection scripts that contained a variety of misrepresentations and instructed his collectors to make those misrepresentations to consumers over the telephone. At THOMAS’s direction and under his supervision, Four Star’s debt collectors, using a variety of aliases, attempted to trick and coerce thousands of victims throughout the United States into paying millions of dollars in consumer debts through a variety of false statements and false threats, including that: (1) Four Star was affiliated with local government and law enforcement agencies, including the “county” and the district attorney’s office; (2) the consumers had committed criminal acts, such as “wire fraud” or “check fraud,” and if they did not pay the debt immediately, warrants or other process would be issued, at which point they would be arrested or hauled into court; (3) the victims would have their driver’s licenses suspended if they did not pay their debts immediately; (4) Four Star was a law firm or mediation firm and that Four Star’s employees were working with lawyers, a law firm, mediators, or arbitrators; and (5) a civil lawsuit would be filed, or was pending, against the victims for failing to pay their debts. THOMAS also approved an abusive and coercive “mailing campaign,” in which Four Star sent mailers to victims across the country that purported to be from courts and government agencies.
In total, from about January 2010 through November 2014, Four Star collected more than $31 million from thousands of victims across the United States. Of the money that Four Star took in from victims, approximately $1.5 million was paid in cash to THOMAS and his co-owner and co-defendant, Maurice Sessum, approximately $1.4 million was withdrawn from banks and ATMs, and hundreds of thousands of dollars were used to pay for THOMAS’s gambling expenses, season tickets for professional sports games, THOMAS’s wedding reception, and jewelry, among other expenses.
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In addition to his prison term, THOMAS, 38, of Orchard Park, New York, was sentenced to three years of supervised release, and ordered to forfeit $31 million.
In total, 14 individuals associated with Four Star have been charged and pled guilty to defrauding consumers as part of this debt collection scheme. In addition to THOMAS, co-owner and chief financial officer Maurice Sessum, managers Jimmy Stokes, Tacoby Thomas, Heather Gasta, Mark Lavin, and John Salatino, and debt collectors Anthony Caba, Jessica Mann, Charles Starks, William Clark, Columbus Simmons, Michael Calandra, and Jennifer Sherk each pled guilty to conspiracy to commit wire fraud and wire fraud for their roles in the scheme.
Tacoby Thomas, Caba, Starks, Clark, Simmonds, Calandra, and Mann were sentenced by Judge Failla to prison terms of 70 months, 36 months, 37 months, 30 months, 28 months, 15 months, and one year and one day, respectively. The sentencing of the other defendants who have pled guilty is pending.
Mr. Kim praised the efforts of the Office’s Criminal Investigators who led the investigation of this matter. He also thanked the Federal Trade Commission for its assistance.
The prosecution of this case is being overseen by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Edward A. Imperatore, Jennifer L. Beidel, and Jordan L. Estes are in charge of the prosecution.
One “Gangster Disciple” Gang Member Sentenced While Another IndictedRead the Press Release
Jackson, TN – One member of the violent "Gangster Disciples" street gang was sentenced as a felon in possession of a firearm, while another has been indicted on 4-counts of violent crime in aid of racketeering activity, as well as associated weapons charges. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the sentencing and indictment today.
Sentencing
According to information presented at sentencing, on July 13, 2015, officers with the Jackson Police Department responded to a domestic disturbance call at 318 West Forest Avenue. After the defendant Brandon Purdy, 27, answered the door, law enforcement saw what was later determined to be a loaded black and silver Smith and Wesson .40 caliber handgun on the kitchen counter within reach of Purdy.
After Purdy was arrested, law enforcement was given consent to search the remainder of the apartment. During the search, a Cobra .380 caliber pistol was found under the couch. Purdy made admissions in a recorded jail call to having knowledge and possession of the two firearms.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) laboratory located in Atlanta, Georgia, did NIBIN testing on the weapons found in Brandon Purdy’s possession. NIBIN, or the National Integrated Ballistics Information Network, is an ATF led program that is used to link violent criminals to the violent crimes they commit by using the firearms they possess or use. The NIBIN program allows law enforcement to leverage technology to assist local agencies, such as the Jackson Police Department, to solve violent crimes. NIBIN is not only instrumental in Jackson, TN, but also in other parts of the country where the criminal element uses firearms to commit crimes of violence.
The weapons possessed by Purdy were tested and compared with evidence recovered from past Jackson crime scenes. The .40 caliber Smith and Wesson pistol was determined to have been used in two Gangster Disciples shootings.
Purdy is a documented member of the Gangster Disciples street gang. His brother, Byron Purdy, is recognized as Governor of Tennessee for the gang, making him the highest ranking Gangster Disciple member in the State. Byron Purdy is currently charged in a 16 defendant indictment with racketeering and drug crimes.
On April 12, 2017, Senior District Judge J. Daniel Breen sentenced Brandon Purdy to the maximum penalty within his guideline range of 37 months’ imprisonment.
Second Indictment for Douglas
On April 17, 2017, Dontoreus Douglas, 29, was indicted in the Western District of Tennessee on 4 counts of violent crimes in aid of racketeering activity (VICAR). Each count is based upon the attempted murder of four different victims on June 12,2012. Each of the VICAR counts has a corresponding count for using and carrying a firearm during and in relation to a crime of violence. There is also one count for being a felon in possession of a firearm.
According to the indictment, Douglas and other members and associates of the Gangster Disciples engaged in narcotics distribution, firearms trafficking, and acts of violence, involving murder, attempted murder and assault.
The Gangster Disciples enterprise has a highly-organized structure with nationwide reach. As of the date of the indictment, the Gangster Disciples were active in 35 states. It is further alleged in the indictment that Douglas committed the attempted murders for the purpose of gaining entrance to or maintaining or increasing position within the Gangster Disciples.
For the four counts of violent crime in aid of racketeering activity, the maximum penalty is 10 years in prison and a $250,000 fine. Each of the using and carrying a firearm in relation of a crime of violence counts has a potential penalty of not less than 10 years, consecutive to the respective VICAR counts.
Douglas is presently in federal custody for charges that are pending from an indictment returned against him in June 2016. That indictment alleges charges of possession of marijuana with intent to distribute, felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime.
The case was investigated by the ATF and the Jackson Police Department, Gang Enforcement Unit. Assistant U.S. Attorney Beth Boswell is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
Ohio Man Sentenced on Sex Trafficking ChargesRead the Press Release
St. Louis, MO – Kyle Maurice Parks was sentenced to 300 months in prison for his involvement in the transportation of four minors (ages 15-17) and two adults from Ohio to Missouri to engage in prostitution. The plan was to come to sell the girls on Backpage.com.
According to testimony at trial, Parks, two women and four minor females, including a runaway, left Columbus in a minivan on December 2, 2015, and arrived at the Red Roof Inn at Zumbehl Road and Interstate 70 in St. Charles, Missouri. The next day. Parks told them to rest, then woke them several hours later and told them to shower. He then told them to post ads on Backpage.com and that they would commit sex acts for cash. Some of the victims took calls and engaged in sex acts as a result of the ads, and Parks kept most of the money. Columbus police looking for the female runaway tracked her phone to the motel’s area and notified St. Charles police, who spotted the van and its Ohio temporary license tags. Police found most of the victims including the runaway in the motel rooms. Parks had left the motel with a 17-year old girl and later went to the police station to bail out one of the women. Officers arrested Parks and found a conscious but incoherent teen in the van.
Parks, 54, of Columbus, Ohio was convicted in January 2017 of one count of sex trafficking of a minor, two counts of attempted sex trafficking of a minor and six counts of interstate transportation with intent to commit prostitution. The four-day trial was held before United States District Court Judge John A. Ross.
This case was investigated by the Federal Bureau of Investigation, the Columbus, Ohio Police Department, the St. Charles City and County Police Departments, St. Louis County Police Department, the Ohio State Attorney General’s Office and the Social Security Administration OIG. Assistant United States Attorney Howard Marcus prosecuted the case for the U.S. Attorney’s Office.
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Oakland Resident Sentenced to 11 Years in Prison for Methamphetamine TraffickingRead the Press Release
OAKLAND – Marco Antonio Ochoa, aka Alfredo Ochoa Valladares, was sentenced today to 132 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 U.S. Drug Enforcement Administration (DEA) Special Agent in Charge John J. Martin. The sentence follows a guilty plea entered January 30, 2017, in which Ochoa admitted he participated in the conspiracy.
According to his plea agreement, Ochoa, 38, of Oakland, acknowledged that he conspired to possess with the intent to distribute no less than 6,334 net grams of methamphetamine. Specifically, Ochoa admitted that on May 23, 2013, he received instructions from his co-conspirators to travel to Los Angeles so that he could retrieve methamphetamine and payment for his distribution services. He made the trip on May 24, 2013, and received from a co-conspirator 20 pounds (or at least 9 kgs) of methamphetamine and the payment for his services. Ochoa drove back to Oakland and on the next day, he received further instructions to distribute the methamphetamine. Ochoa ultimately provided a co-conspirator with at least 6,334 net grams of the methamphetamine. Further, Ochoa admitted that on September 19, 2013, he traveled to Whittier, Calif., and met with a co-conspirator at a car wash where he retrieved another 20 pounds of methamphetamine for distribution.
In addition to the methamphetamine, Ochoa also admitted possessing with the intent to distribute approximately 2 kilograms of heroin. In June 2014, he received instructions to travel to Fresno where he could retrieve heroin from a co-conspirator. On June 20, 2014, Ochoa traveled to Fresno and retrieved 2,774 net grams of heroin. While driving back to Oakland, he was stopped by a California Highway Patrol officer; the officer searched Ochoa’s car and recovered multiple Ziploc bags that contained the heroin. As part of his plea agreement, Ochoa admitted he possessed the heroin with the intention of selling it.
A federal grand jury indicted Ochoa on January 16, 2014, and charged him with one count of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Pursuant to his plea agreement, Ochoa pleaded guilty to the charge.
The sentence was handed down by the Honorable Edward J. Davila, U.S. District
Judge. In addition to the prison term, Judge Davila sentenced Ochoa to a 5-year period of supervised release. Ochoa has been in custody since his arrest in June of 2014 and will begin serving his sentence immediately.
Assistant U.S. Attorneys Jeffrey Backhus is prosecuting the case with the assistance of Ryka Barghi and Ana Guerra. 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.
Nigerian Citizen Convicted of Defrauding at Least Half a Million Dollars from U.S. VictimsRead the Press Release
HOUSTON – A 25-year-old Nigerian man who was residing in Houston has pleaded guilty to perpetuating a wire fraud scheme involving various Internet scams, announced Acting U.S. Attorney Abe Martinez.
Wiseman Oputa pleaded guilty to one count of wire fraud. Beginning Jan. 1, 2016, until Jan. 25, 2017, Oputa used counterfeit passports to open bank accounts in the greater Houston area. The passports contained photographs of Oputa but had different names and identification information. He then worked with others to lure victims into sending money into these bank accounts. These funds were obtained through a variety of internet scams, including business email compromise, romance schemes and unauthorized intrusions into company email accounts. Checks or wire transfers were then sent from the company’s accounts payable to accounts Oputa or others controlled. Oputa would then use the counterfeit passports to retrieve the fraudulently obtained funds.
In one instance in December 2016, Oputa opened an account at Regions Bank with a counterfeit Ghanaian passport as identification. Shortly thereafter the account received a wire transfer of $40,000 from a victim who had been told to send money for taxes on money he had won in Spain. USAA Bank identified the fraudulent and was able to recal the wire.
U.S. District Judge Alfred H. Bennett accepted the guilty plea and has set sentencing for July 6, 2017. At that time, Oputa faces up to 20 years in federal prison and a possible $250,000 maximum fine. He will remain in custody pending that hearing.
The U.S. Postal Inspection Service conducted the investigation along with Department of State – Diplomatic Security Service and the Secret Service. Assistant U.S. Attorney Suzanne Elmilady is prosecuting the case.
New York Tax Preparer Indicted for Filing Fraudulent Tax ReturnsRead the Press Release
The owner of Brooklyn, New York return preparation businesses was indicted on April 14 and arrested today on 18 counts of aiding and assisting in the preparation of false tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment unsealed today, Maria Munoz, owned and operated tax preparation businesses in Brooklyn including Munoz Multiservices Corp., Munoz Multiservices Inc. and United Tax Service. The indictment alleges that Munoz prepared fraudulent returns for clients that reported fictitious or inflated deductions for charitable donations, unreimbursed employee expenses, personal property taxes and other expenses. Munoz also fabricated education expenses in order to fraudulently claim education credits for her clients and cause the Internal Revenue Service (IRS) to pay them bogus or inflated refunds.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Munoz faces a statutory maximum sentence of three years in prison on each count, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant Chief Jorge Almonte and Trial Attorney Carl F. Brooker of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New York Man Sentenced to Prison for Leading Multi-State Scheme to Obtain New Cell PhonesRead the Press Release
BOSTON - A New York man was sentenced yesterday in federal court in Boston in connection with a fraudulent scheme to obtain and re-sell more than $330,000 worth of new cell phones and for resuming the scheme after being indicted and released pending trial.
Kevin Johnson, 26, of New York City, was sentenced by U.S. District Court Senior Judge Mark L. Wolf to 70 months in prison, three years of supervised release and restitution to be determined at a later date. In December 2016, Johnson pleaded guilty to one count of wire fraud conspiracy. Johnson was initially arrested and charged in December 2014; he was then re-arrested in March 2015, after an investigation revealed that he had resumed the fraud less than a week after his pre-trial release.
From at least January 2014 through October 2014, Johnson, Jimmy Phan, David Hul, Curtis Peebles, and other co-conspirators called T-Mobile customer service centers impersonating T-Mobile employees and used dealer codes that enabled them to add any name as an authorized user on T-Mobile accounts. They then recruited “runners,” including Lee Tran, to go into T-Mobile stores and impersonate the customers. Johnson, Phan, Hul, and Peebles used the dealer codes, among other methods, to add either the runners’ real names or false identities to the customer accounts, sometimes using false names that closely matched the runners’ real names to reduce the likelihood of T-Mobile detecting the fraud.
Runners then went to T-Mobile stores in Massachusetts, Nevada, New Hampshire, New York, Pennsylvania, Rhode Island, New Jersey, Florida, and elsewhere where they presented identification in the real or assumed names and acquired one or more new cell phones on accounts that were eligible for upgrades. Runners returned the new phones to Phan, Hul, and Peebles who paid them a portion of the phone’s value. Johnson, Phan, and Hul re-sold the cell phones to other co-conspirators for distribution in the United States and abroad. In total, the scheme netted at least $330,000 worth of new cell phones. In the months after he was indicted, Johnson obtained another approximately $30,000 in AT&T cell phones.
Although T-Mobile regularly alerted its customers to changes to their accounts, the affected customers frequently did not learn of the fraudulent modifications in time to prevent the distribution of the phones.
Judge Wolf previously sentenced David Hul and Curtis Peebles to 21 and 18 months in prison, respectively, for their role in the scheme. Jimmy Phan and Lee Tran will be sentenced on May 9.
Acting United States Attorney William D. Weinreb; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Stephen Marks, Special Agent in Charge of the U.S. Secret Service’s Boston Field Office, made the announcement. The U.S. Attorney’s Office acknowledges T-Mobile and AT&T for their assistance with the investigation. Assistant U.S. Attorney Seth B. Kosto of Weinreb’s Cybercrime Unit is prosecuting the case.
New York City Heroin Dealer Sentenced to 24 Years in PrisonRead the Press Release
NORFOLK, Va. – A drug dealer who transported kilogram quantities of cocaine and heroin from New York City to Norfolk for distribution was sentenced today to 292 months in prison.
Adrian Paulino, 27, of New York City, pleaded guilty on Dec. 12, 2016, to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine and one kilogram or more of heroin. According to court documents, from December 2013 to May 2015, Paulino and his associates transported kilogram quantities of cocaine and heroin from New York City to Norfolk for distribution in various automobiles equipped with secret compartments. Paulino and his co-conspirators traveled back to New York City with the large sums of cash generated from the sale of the drugs in Norfolk. In December 2013, Pocomoke City Police stopped Paulino for speeding on US-13 North in Maryland. During the stop, Paulino allowed the police to search his car and police discovered approximately $64,000 in cash inside Paulino’s vehicle. On March 31, 2015, a Worcester County (MD) Sheriff’s deputy stopped a vehicle for speeding in which Paulino was traveling as a passenger. During the stop, the driver allowed the police to search the vehicle and police discovered approximately $280,000 in cash concealed in several secret compartments inside the vehicle. Also, during the conspiracy, Paulino and his associates utilized an apartment in the 1600 block of West Little Creek Road in Norfolk as a “stash” house, storing cocaine and heroin there prior to its distribution. On May 19, 2015, Virginia State Police stopped a vehicle being operated by Paulino’s associate Warlin Leo on Northampton Boulevard in Virginia Beach, just past the south terminus of the Chesapeake Bay Bridge Tunnel. During the stop, a Virginia State Police drug dog alerted on the vehicle and a search of the vehicle led to the discovery of 3.6 kilograms of cocaine and 1.9 kilograms of heroin. On the same date, Norfolk Police searched the “stash” house on Little Creek Road in Norfolk and discovered 138 grams of heroin and 184 grams of cocaine.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; Colonel W. Steven Flaherty, Superintendent of Virginia State Police; and Michael Goldsmith, Chief of Norfolk Police; and James A. Cervera, Chief of Virginia Beach Police, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Darryl J. Mitchell prosecuted 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. 2:15-cr-154.
New Orleans Man Sentenced for Receipt of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that JOSEPH RIVERA, age 34, of New Orleans, was sentenced today after previously pleading guilty to a one-count Indictment charging him with receipt of images and videos depicting the sexual exploitation of children.
U.S. District Judge Carl J. Barbier sentenced RIVERA to five years imprisonment, followed by ten years of supervised release. RIVERA will also be required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act.
According to court documents, law enforcement officials executed a search warrant at RIVERA’s residence on August 6, 2015, during which time they seized numerous electronic items including two computers, two external digital storage devices, and two DVDs contained images and videos of child pornography. A forensic examination of the device revealed that RIVERA’s used the devices to search for, download, and save images and videos of children as young as approximately one-year-old engaging in sexually explicit conduct. The forensic examination located approximately 6900 images and 885 videos of prepubescent children engaging in sexually explicit on RIVERA’s digital devices.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg and Special Assistant United States Attorney J. Ryan McLaren were in charge of the prosecution.
New Haven Man Sentenced to 3 Years in Prison for Trafficking CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that AXEL PIZARRO, 41, of New Haven, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 36 months of imprisonment, followed by three years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, in the fall of 2015, the DEA New Haven Task Force initiated an investigation into a cocaine trafficking organization headed by Halby “Harv” Lopez. The investigation revealed that Lopez, and his associates, Omar Polanco-Mendez and Bernardo “Benny” Roman-Rolan, were obtaining bulk quantities of cocaine from multiple suppliers, including PIZARRO, and redistributing the cocaine to a network of New Haven-area street-level dealers. The investigation included court-authorized wiretaps, controlled purchases of drugs and the seizure of multiple kilograms of cocaine.
On March 2, 2016, PIZARRO delivered at least 500 grams of cocaine to Polanco on consignment.
PIZARRO was arrested on March 16, 2016 and, on March 24, 2016, a grand jury in New Haven returned a 13-count indictment charging him, Lopez, Polanco-Mendez, Roman-Rolan and six other individuals with various narcotics offenses. All of the defendants pleaded guilty.
On September 22, 2016, PIZARRO pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
This is PIZARRO’s second federal conviction for trafficking cocaine.
On February 24, 2017, Polanco-Mendez was sentenced to 120 months of imprisonment and, on March 2, 2017, Roman-Rolan was sentenced to 68 months of imprisonment. Lopez awaits sentencing.
The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
This matter is being prosecuted by Assistant U.S. Attorneys Patrick Caruso and Jennifer Laraia.
Mississippi Tax Return Preparers Sentenced to Prison for Filing Fraudulent ReturnsRead the Press Release
Two Gulfport, Mississippi men were sentenced to prison today for charges related to preparing fraudulent tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Harold Brittain for the Southern District of Mississippi.
Allen Brice was sentenced to serve 63 months in prison. He was convicted at trial of seven counts of aiding in the preparation of false tax returns. Jeremi Washington was sentenced to serve 46 months in prison. He previously pleaded guilty to conspiring to defraud the United States.
According to court documents and proceedings, Washington was a tax return preparer who owned and operated Flash Financial, and Brice was Washington’s sole employee. From 2009 through 2011, the two men filed fraudulent tax returns for multiple clients with the Internal Revenue Service (IRS) that included bogus education expenses and retirement contributions, which they never discussed with their clients. As a result, the clients received refunds they were not entitled to.
In addition to the terms of prison imposed, Brice and Washington were ordered to serve one and three years of supervised release. Brice was ordered to pay restitution to the IRS in the amount of $1,919,820.20 and Washington was ordered to pay $1,954,352.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Brittain commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorneys Christopher Wansley and Jay Golden and Trial Attorney Nathan Brooks of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Mission Residents Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Mission, South Dakota, individuals have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Richard William Neiss, age 45, and Wastewin Jonnie Waukechon, age 38, were indicted on March 15, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 13, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
The Indictment alleges that between May 1, 2014, and February 8, 2017, Neiss and Waukechon knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charges are merely accusations and Neiss and Waukechon are presumed innocent until and unless proven guilty.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Neiss and Waukechon were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mexican National Pleads Guilty to Illegal ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MOISES ESQUIVEL-RIOS, age 34, a citizen of Mexico, pled guilty today to a one-count Indictment charging him with illegal reentry of a removed alien, in violation of 8 U.S.C. ' 1326(a).
According to the court documents, ESQUIVEL-RIOS reentered the United States on or about March 16, 2017, after having been previously removed on December 24, 2011.
ESQUIVEL-RIOS faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Jane Triche Milazzo has set sentencing for May 25, 2017.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Metairie Man Pleads Guilty to Being a Felon in Possession of a FirearmRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that RANDOLPH B. MARTIN, age 39, of Metairie, pled guilty today to a one-count Bill of Information with violation of the Federal Gun Control Act.
According to the court documents, Special Agents of the United States Secret Service ("USSS") investigated an allegation of access device fraud involving MARTIN. Consequently, on April 18, 2012, the agents interviewed MARTIN, who denied that he was involved in the fraud as he was authorized to use the access device, and he consented to the search of his residence. The agents conducted a search at his residence located in Metairie, Louisiana. They found and seized the Hi Point Firearms Model CF380, .380 ACP Handgun inside the residence in MARTIN’s bedroom. On April 28, 1995, MARTIN was adjudicated guilty of burglary by the Superior Court of Gwinnett County, Georgia. Based on this adjudication, MARTIN was prohibited by federal law from possessing a firearm.
MARTIN faces a maximum term of imprisonment of ten years, a fine of $250,000 and three years of supervised release following any term of imprisonment. U.S. District Judge Jane Triche Milazzo set sentencing on July 20, 2017.
Acting U.S. Attorney Evans praised the work of the United States Secret Service, and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Loan A. "Mimi" Nguyen is in charge of the prosecution.
Man Sentenced to 10 Years in Prison for Enticement of A Minor for Unlawful Sexual ActivityRead the Press Release
SAN JUAN, P.R. – On Tuesday, April 18, 2017, United States District Court Juan Pérez-Giménez sentenced thirty-eight (38) year-old Edison José Díaz-Carreras, to ten (10) years in prison for attempting to coerce and entice an individual whom he believed to be a thirteen (13) year-old female minor but was in fact an undercover agent.
The events occurred in December 2015, when Díaz-Carreras sent the minor sexually explicit videos and images, through electronic communications, and stated his desire to take the minor to a motel to engage in sexual activity. As part of the conversations, Díaz-Carreras described in detail the sexually explicit acts that he wanted to perform with the minor.
On April 15, 2016, Homeland Security Investigations Agents arrested defendant Díaz-Carreras, on an arranged location where Díaz-Carreras was going to pick up the minor to take her to the motel.
“We will continue our ongoing efforts to investigate and prosecute those use electronic communications to entice minors to engage in illegal sexual acts,” said U.S. Attorney Rosa E. Rodriguez-Velez.
Assistant United States Attorney Elba Gorbea handled the criminal prosecution.
Lynwood Man Sentenced to 18 Months for Pocketing Bribes in Exchange for Allowing Food Service Workers to Bypass Sanitation Training and TestingRead the Press Release
CHICAGO — A Lynwood man has been sentenced to 18 months in federal prison for pocketing bribes in exchange for allowing food service workers to bypass sanitation certification training and testing mandated by the state of Illinois and city of Chicago.
ERNEST GRIFFIN, 71, took bribes from individuals who wanted to obtain Sanitation Certificates from the Illinois Department of Public Health without attending a 15-hour course and taking an exam. In exchange for an approximately $175 bribe, Griffin submitted false certifications and false test results to IDPH to make it appear that a bribe payer had completed the course, passed the exam, and was entitled to the certification. Griffin’s bribery scheme lasted from approximately 2008 until January 2015, when he was confronted by agents of the Federal Bureau of Investigation.
Griffin pleaded guilty last year to one count of federal program bribery. U.S. District Judge Manish S. Shah imposed the 18-month sentence Wednesday in federal court in Chicago. Judge Shah also fined Griffin $5,000.
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 FBI.
“Defendant’s certificates-for-bribes scheme was a serious abuse of the public trust,” Assistant U.S. Attorney Maureen E. Merin argued in the government’s sentencing memorandum. “Defendant’s scheme not only potentially caused physical harm to members of the public, but also chipped away at the confidence that the public has in the ability of our government to enforce laws and regulations designed to protect the public health."
The state of Illinois and the city of Chicago require that food service establishments have a person on site at all times who holds an Illinois Food Service Sanitation Manager Certificate. In order to obtain the certificate, the IDPH required that individuals take an IDPH-approved 15-hour course and pass an IDPH exam. The course included instruction on food-borne illnesses, personal hygiene, food safety, pest control, proper cleaning and sanitizing procedures, and the prevention of food contamination. Griffin was authorized by the IDPH to teach the course and to administer the exam.
Lexington Resident Sentenced for Receiving Child PornographyRead the Press Release
Contact Person: Bill Day (803) 929-3000
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Scott Eric Fernquist, age 22, of Lexington, South Carolina was sentenced in federal court in Columbia, South Carolina, for Receiving Child Pornography, a violation of 18 U.S.C. § 2252A(a)(2) and (b)(1). United States District Judge Mary Geiger Lewis of Columbia sentenced Fernquist to 10 years imprisonment, $4,000 restitution, and 25 years of Supervised Release. During his term of supervised release, Fernquist will be required to register as a sex offender, attend sex offender treatment, refrain from contact with children or use the internet without supervision, and submit to random polygraph examinations.
Evidence presented at the change of plea hearing established that Fernquist was trading child pornography on the internet in 2013 from April to June.
The case was investigated by agents of the Lexington Police Department and the Federal Bureau of Investigation (FBI). Assistant United States Attorney William E. Day II of the Columbia office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Lafayette tax preparer pleads guilty to making, filing a false tax returnRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Lafayette tax preparation business owner pleaded guilty Wednesday to filing a false tax return and not paying more than $350,000 in taxes owed.
Kevin Dalcourt, 49, of Lafayette, pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of making and subscribing a false tax return. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, Kevin Dalcourt was a tax preparer who owned and managed Kevin’s Tax Service in Lafayette. He was incarcerated in 2010 on non-tax related state charges, but he continued to manage his tax preparation business. He trained his staff and managed his business prior to his incarceration to use false information in customer tax returns to increase the amount of the customers’ returns. The defendant’s wife, Tamiko Dalcourt, assisted in running the company from 2010 to 2013, while her husband was in prison. Tamiko Dalcourt pleaded guilty to a misdemeanor charge of failing to file the couple’s 2012 joint tax return. Kevin’s Tax Service was highly profitable, but Kevin Dalcourt did not report his income to avoid paying taxes for tax years 2009 to 2011. In that time he avoided paying an estimated total of $356,426.78 in taxes for those three years.
Kevin Dalcourt faces three years in prison, one year of supervised release, restitution and a $250,000 fine. The court set a July 21, 2017 sentencing date. Tamiko Dalcourt pleaded guilty on March 23, 2017 to one count of willful failure to file a return, supply information or pay tax. She faces one year in prison, one year of supervised release and a $100,000 fine. The court did not set a sentencing date for Tamiko Dalcourt.
The IRS conducted the investigation. Assistant U.S. Attorney Myers P. Namie is prosecuting the case.
Justice Department Secures the Denaturalization of a Senior Jihadist Operative Who Was Convicted of Terrorism in EgyptRead the Press Release
On April 19, Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia entered an order that revoked the naturalized U.S. citizenship of a confessed al-Qaeda operative, restrained and enjoined him from claiming any rights, privileges, or advantages of U.S. citizenship and ordered him to immediately surrender and deliver his Certificate of Naturalization and any other indicia of U.S. citizenship to federal authorities, the Justice Department announced.
“The Justice Department is committed to protecting our nation’s national security and will aggressively pursue denaturalization of known or suspected terrorists,” said Attorney General Jeff Sessions. “This case demonstrates the Department’s commitment to using all tools at its disposal, both criminally and civilly, to strategically enforce our nation’s immigration laws and to disrupt international terrorism. I congratulate the aggressive and effective investigation and prosecution by the Department of Justice team. We will protect our national security and our borders, and when we identify individuals tied to foreign terrorist organizations who procured their U.S. citizenship by fraud, we will initiate denaturalization proceedings - whether you reside here or abroad - and ensure you are denied entry into the United States.”
Khaled Abu al-Dahab, 57, an Egyptian-born naturalized U.S. citizen and former Silicon Valley car salesman is a confessed member of the Egyptian Islamic Jihad (EIJ) terrorist organization. Al-Dahab admitted to attending a training camp near Jalalabad, Afghanistan, where he received military-style training and taught foreign fighters to fly hang gliders in preparation for terrorist attacks. Moreover, al-Dahab told the FBI that, during the period in which he was supposed to establish the good moral character to naturalize under the Immigration and Nationality Act, he operated a communications hub for EIJ operatives out of his Santa Clara, California apartment. He facilitated the transfer of fraudulent passports, documents, money and other items by, between and among EIJ members, and researched communications devices and helicopter piloting at the direction of EIJ leadership. Al-Dahab’s communication hub materially assisted in the perpetration of terrorist attacks in Egypt and Pakistan.
Additionally, al-Dahab admitted to recruiting Islamic Americans into the al-Qaeda terrorist organization during his 12-year residence in California. Al-Dahab told the investigators that Osama bin Laden was eager to recruit American citizens of Middle Eastern descent because their U.S. passports could be used to facilitate international travel by al Qaeda terrorists, and that bin Laden personally congratulated him for this work. Al-Dahab was naturalized as a U.S. citizen on Feb. 7, 1997. Upon departing the United States sometime in 1998, al-Dahab was arrested by Egyptian authorities. He was tried, convicted and sentenced to 15 years in prison for terrorism related offenses.
On April 8, 2015, the United States filed a civil action seeking the revocation of al-Dahab’s naturalized U.S. citizenship on the grounds that he illegally procured his citizenship on account of his false written statements and testimony during his naturalization proceedings regarding his current and past addresses; employment history; travel outside the United States; marital history; prior false testimony; prior claims of U.S. citizenship; commission of crimes for which he had not been arrested; and membership in or association with EIJ, as well as his affiliation with an organization that advocated terrorism. The United States also alleged al-Dahab should also be denaturalized because he procured his citizenship by concealment of a material fact or by willful misrepresentation due his concealment of these matters. The United States obtained the district court’s permission to serve the complaint on al-Dahab in Egypt via Facebook and electronic mail.
“The Department’s Office of Immigration Litigation – District Court Section will continue to pursue denaturalization proceedings against known or suspected terrorists who procured their citizenship by fraud,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The U.S. government is dedicated to strengthening the security of our nation and preventing the exploitation of our nation’s immigration system by those who would do harm to our country.”
Under the Immigration and Nationality Act, a naturalized U.S. citizen’s citizenship may be revoked, and his certificate of naturalization canceled, if the naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
This case was investigated by the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS) and the FBI. The litigation was handled by Christopher W. Dempsey, Chief of the National Security and Affirmative Litigation Unit within OIL-DCS, with substantial assistance by FBI Special Agent Rami G. Nimri.
Jury Convicts Newark Man of Receiving, Possessing Child PornographyRead the Press Release
COLUMBUS, Ohio – A United States District Court jury convicted Shawn P. Parrish, 38, of Newark, Ohio, of receiving and possessing child pornography. Parrish had been previously convicted of an offense involving aggravated sexual abuse, sexual abuse or abusive sexual contact of a minor.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Steve Francis, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Franklin County Sheriff Dallas Baldwin, Franklin County Prosecutor Ron O’Brien and other members of the Franklin County Sheriff’s Office Internet Crimes Against Children (ICAC) Task Force announced the verdict reached today, which was returned following a trial that began on April 17 before U.S. District Judge Algenon L. Marbley.
According to court documents and testimony, investigation of a peer-to-peer file-sharing network led investigators to Parrish’s residence when they discovered child pornography being uploaded to an IP address there. While executing a search warrant at his Newark residence on August 30, investigators found numerous images of a 12-year-old girl on Parrish’s phone.
Forensic evidence obtained from Parrish’s phone and the victim’s phone indicates that Parrish sent himself videos of the victim displaying her nude pubic area and that he received those videos via Facebook Messenger and thereafter created still images on his phone from the videos.
Parrish had previously been convicted in North Carolina in 1998 for Indecent Liberties with a Child and had been sentenced to 16-20 months in prison.
Receipt of child pornography in this case is punishable by a range of 15 to 40 years in prison because of Parrish’s prior conviction. Likewise, because of the prior conviction, possession of child pornography in this case includes a potential sentence of 10 to 20 years in prison.
U.S. Attorney Glassman commended the investigation of this case by the Franklin County ICAC Task Force, as well as Assistant United States Attorneys Heather A. Hill and Special Assistant U.S. Attorney Jennifer M. Rausch, Director of the Franklin County Special Victims Unit, who are prosecuting the case.
The Franklin County ICAC Task Force is a multi-agency effort dedicated to the fight against computer-facilitated crimes against children. The following agencies are members:
Franklin County Sheriff’s Office
Ohio ICAC
Grove City Police Department
Columbus Police Department
Grandview Heights Police Department
Westerville Police Department
Hilliard Police Department
Franklin County Prosecutor's Office
Homeland Security Investigations (HSI)
Ohio Attorney General’s Office (BCI)
The Ohio State University Police Department
Upper Arlington Police Department
Circleville Police Department
Pickaway County Sheriff’s Office
Delaware County Sheriff’s Office
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