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Friday 9 December 2016
District Man Sentenced to 42 1/2 Years in Prison for 2014 Slaying in Southeast WashingtonRead the Press Release
WASHINGTON – Gregory Green, 28, of Washington, D.C., was sentenced today to a prison term of 42 ½-years on charges stemming from the 2014 slaying of a man in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Green was found guilty by a jury in October 2016, following a trial in the Superior Court of the District of Columbia, of charges of first-degree felony murder while armed and robbery while armed. He was sentenced by the Honorable Milton C. Lee. Following completion of his prison term, Green is to be placed on five years of supervised release.
According to the government’s evidence, on March 29, 2014, shortly after midnight, the victim, Derrick Williams, returned from work to his home. After talking to his girlfriend for a few minutes, he left to go to buy something to drink. A short time later, a witness reported hearing gunshots in the area of the 1200 block of Eaton Place SE. The witness saw Green and another man standing over Mr. Williams, who was on the ground. Mr. Williams, 35, died almost instantly from one gunshot wound to the head. Green, wearing all black, went into Mr. Williams’s front pockets and then flipped the victim over before going into his back pockets. Green was arrested on April 2, 2014. No one else was arrested in the case.
In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lashone Samuels, Zekiah Wright, and Benjamin Kagan-Guthrie; Paralegal Supervisor Sharon Newman; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Tonya Jones; Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Program Specialist Wanda Queen; Supervisory Victim/Witness Program Specialist Michael Hailey; Information Technology Specialist Leif Hickling; Criminal Investigator Mark Crawford; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorneys Chrisellen Kolb, John Mannarino and Stephen Rickard, and Intern James Haynes. Finally, they commended the work of Assistant U.S. Attorneys Adrienne Dedjinou and Charles Willoughby, Jr., who prosecuted the case.
Dearborn Resident Sentenced for Making False Statements to Federal Agents in Relation to a Terrorist InvestigationRead the Press Release
A 24-year old Dearborn man was sentenced yesterday to more than five years in prison for making false statements to federal agents in relation to a terrorist investigation, announced U.S. Attorney Barbara L. McQuade.
Joining in the announcement was David P. Gelios, Special Agent in Charge, Federal Bureau of Investigation, Detroit Division.
U.S. District Judge Gerald E. Rosen sentenced Mohammad Hassan Hamdan to 63 months in prison and ordered him deported from the United States to Lebanon upon completion of his sentence.
According to court records, on March 16, 2014, Hamdan attempted to fly to Lebanon and on to Syria to fight on behalf of Hizballah in the Syrian civil war. Before boarding an overseas flight to Lebanon, Hamdan was stopped by agents of the FBI. Hamdan admitted that he knew the United States had designated Hizballah a terrorist organization. He denied any plans to join Hizballah or to fight in Syria, instead stating that the purpose of his trip to Lebanon was to have dental work done. He later pleaded guilty and admitted that these statements were false.
"Supporting a terrorist organization anywhere in the world contributes to violent extremism and makes us all less safe," McQuade said.
This case was investigated by agents of the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Ronald Waterstreet.
Clarksburg man pleads guilty to unlawful purchase of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Joseph Richard Slamick, 42, of Clarksburg, West Virginia pled guilty to unlawfully possessing a firearm in federal court today, United States Attorney William J. Ihlenfeld, II, announced.
Slamick pled guilty to one count of “False Statement During the Purchase of a Firearm.” He admitted to falsely representing that he was the actual buyer of a .380 caliber pistol when he was actually attempting to purchase the firearm on behalf of another person.
He faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Clarksburg Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Children of Deceased Beneficiaries Admit Stealing Almost $300,000 from Social SecurityRead the Press Release
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924
NEWS RELEASE SUMMARY – December 9, 2016
SAN DIEGO – Pamela Anita Thomas of Lemon Grove and Darla Ann Ausman, formerly of Henderson, Nevada, pleaded guilty in unrelated cases this week to stealing Social Security benefits intended for their parents who had died years earlier.
According to court documents, Thomas’ father began receiving Social Security retirement benefits via direct deposit into his bank account in 1998. Although her father died in November 2001, Thomas made no effort to notify the Social Security Administration that the beneficiary of these retirement benefits had passed away, or to cancel the direct deposit. Over more than a decade, Thomas allowed an additional $170,000 in benefits to be deposited into her deceased father’s bank account, and then repeatedly transferred the money for her own personal use.
Similarly, Ausman’s mother began receiving Social Security retirement benefits via direct deposit into her bank account in 1996, and died in May 2007. Ausman also failed to notify the Social Security Administration that the retirement benefits were no longer warranted, and allowed over $120,000 in benefits to continue to be deposited directly into her deceased mother’s bank account.
Both defendants admitted knowing that their respective parent’s Social Security retirement benefits should not have continued to be paid after their deaths.
“By collecting benefits that did not belong to them, these defendants took money away from those who need it most – elderly retirees, people with severe illnesses and widows and children of deceased wage earners,” said U.S. Attorney Laura Duffy. “This office will continue to investigate and prosecute fraud and waste in these important government programs.”
“The Social Security Administration’s Office of the Inspector General is committed to pursuing those who violate the public trust,” said Robb Stickley, the Special Agent in Charge of the San Francisco Field Division, which is responsible for Southern California. “We will continue to uphold the integrity of Social Security’s benefit programs, which are a lifeline for so many Americans and their families.”
As a part of their plea agreements, Thomas and Ausman agreed to repay all the money that they stole from the Social Security Administration, but each still faces up to ten years in prison and a fine of up to $250,000. Both were released on bail pending sentencing.
Thomas is scheduled to be sentenced on February 27, 2017, before U.S. District Court Judge Cynthia Bashant. Ausman is scheduled to be sentenced on February 17, 2017, before Chief U.S. District Judge Barry Ted Moskowitz.
DEFENDANT Case Number 16cr2811-BAS
Pamela Anita Thomas Lemon Grove, CA
DEFENDANT Case Number 16cr2831-BTM
Darla Ann Ausman Henderson, NV
SUMMARY OF CHARGES
Theft of Public Property – Title 18, U.S.C., Section 641
Maximum penalty: 10 years’ imprisonment, $250,000 fine, restitutionINVESTIGATING AGENCY
Social Security Administration’s Office of Inspector General
Child Sex Trafficker Convicted at TrialRead the Press Release
Contact Person: Jim May (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Samuel Pratt, a/k/a “Promise,” age 34, of Gastonia, North Carolina, was found guilty on 8 counts related to sex trafficking, child pornography and firearm charges in federal court in Columbia. United States District Judge Terry L. Wooten of Columbia presided over the four-day trial and will impose sentence on Pratt after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at trial established that the defendant ran a prostitution business of both adults and juveniles, in South Carolina, North Carolina and New York. The trial opened a window into the seedy world of human trafficking in the Carolinas. Witnesses provided extensive testimony about the manipulation and abuse, as well as the inner-workings of the sex trafficking operation. Two of the victims were recruited at 14 and 17. This was the first jury verdict in South Carolina related to human trafficking. The defendant’s mother, Daphne Pratt, previously plead guilty to conspiracy to sex traffic children in the case.
Ms. Drake stated, “Sex traffickers prey on those in our society who are most vulnerable. This case is a great example of how law enforcement at the state and federal level, working together, can bring these predators to justice.”
The maximum penalty for five of the counts is life. The case was investigated by agents of the FBI, the ATF, and the US Marshals. Assistant United States Attorneys Jim May and Will Lewis of the Columbia office prosecuted the case.#####
Chief Financial Officer of Furniture Company Sentenced to Two Years in Prison for Accounting Fraud Against Bank, and Gas City, IndianaRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that NORMAN D’SOUZA, the former chief financial officer and vice president of finance of a New Jersey-based furniture wholesaler and retailer (“Company-1”) and an Indiana-based furniture manufacturer affiliated with Company-1 (“Company-2”) (collectively, the “Companies”), was sentenced yesterday to two years in prison for orchestrating a fraudulent scheme to obtain $17 million in loans from a commercial bank based in New York, New York (the “Bank”), and $1 million in municipal loans from Gas City, Indiana (the “City”). D’SOUZA and his co-conspirators obtained this financing by making false statements and providing false and fraudulent documents concerning the Companies’ financial condition. D’SOUZA pled guilty on April 1, 2016, before U.S. District Judge Ronnie Abrams, who imposed yesterday’s sentence.
Manhattan U.S. Attorney Preet Bharara said: “Norman D’Souza repeatedly misrepresented the financial condition of two companies to deceive a bank and a municipality into lending the companies millions of dollars. He will now spend time in a federal prison for his crimes.”
According to the allegations contained in the criminal information to which D’SOUZA pled guilty, other documents filed in Manhattan federal court, and statements made in court proceedings:
From 2011 until September 2014, Company-1, through D’SOUZA and others, fraudulently induced the Bank into lending Company-1 millions of dollars by repeatedly making false and misleading statements about Company-1’s financial condition. D’SOUZA falsely inflated Company-1’s sales and accounts receivable on “borrowing base certificates” and in financial statements that D’SOUZA provided to the Bank pursuant to loan agreements. D’SOUZA used those falsely inflated sales and accounts receivable to mislead the Bank about Company-1’s true financial performance, which enabled Company-1 to secure and draw down a $17 million revolving credit facility from the Bank. Company-1 ultimately defaulted on the loans issued by the Bank in September 2014. At that time, the outstanding balance of the loans was approximately $16.99 million.
Separately, in 2012, the City offered loans and other financial incentives to Company-2 in return for Company-2’s agreement to operate a furniture factory in the City and employ local residents. To secure this arrangement, among other things, D’SOUZA falsely inflated Company-2’s sales figures in financial statements provided to the City. The false financial statements misled the City about Company-2’s true financial performance and enabled Company-2 to secure and draw down more than $1 million in loans from the City. Company-2 ultimately defaulted on the loans issued by the City in September 2014, causing approximately 60 City residents to lose their jobs. At that time, the outstanding balance of the loans was $1 million.
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In addition to his prison term, D’SOUZA, 50, of Monmouth Junction, New Jersey, was sentenced to two years of supervised release, and ordered to pay forfeiture and restitution, both in the amount of $12,256,871.48.
Mr. Bharara praised the outstanding investigative work of the Federal Bureau of Investigation.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Edward A. Imperatore is in charge of the prosecution.
Carroll County Man Pleads Guilty to Federal Conspiracy ChargeRead the Press Release
ABINGDON, VIRGINIA – The former store manager of the Carroll County Cooperative pled guilty today in the United States District Court for the Western District of Virginia in Abingdon to conspiring to defraud the Food and Drug Administration [FDA], United States Attorney John P. Fishwick Jr. announced.
Marlin Webb, 58, of Woodlawn, Va., waived his right to be indicted and pled guilty today to a one count Information charging him with conspiracy to defraud the Food and Drug Administration.
“Law Enforcement will continue to be vigilant in ensuring all substances sold are done legally and in-line with FDA standards,” United States Attorney Fishwick said today. “We are proud to team with the FDA to bring charges in this important case.”
“To protect the public, the administration of prescription veterinary drugs to food-producing animals must be carefully monitored and requires the involvement of a veterinarian, among other requirements. When individuals attempt to circumvent these protections, they risk harming the public health,” said Mark A. McCormack, Special Agent in Charge, FDA Office of Criminal Investigations’ Metro Washington Field Office. “We will continue to pursue and bring to justice those who ignore the law.”
According to evidence presented at today’s guilty plea hearing by Assistant United States Attorney Randy Ramseyer, Marlin was the store manager at the Carroll County Cooperative, through which he illegally obtained, stored, sold and caused to be shipped veterinary prescription drugs. Federal regulation of prescription veterinary drugs are not primarily to protect animals from the potential harms of prescription drugs, but are to protect the human food supply from unsafe drug residues in the edible tissues of animals sold for slaughter. Accordingly, veterinary prescription drugs must stay within the controlled chain of distribution to ensure the drugs’ safety and efficacy. Marlin obtained and distributed prescription veterinary drugs outside of the controlled chain.
Sentencing is scheduled for March 30 at 11:00 a.m. in Abingdon. Webb faces a maximum sentence of five years in prison and a fine of $250,000. As part of the plea agreement, Webb paid $125,000 in forfeiture and other payments.
The investigation of the case was conducted by the Food and Drug Administration – Office of Criminal Investigations and the Virginia Department of Health Professions. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Canadian Man Sentenced for Unlawful ReentryRead 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 Arthur Hugh Stephen Knox, 58, of Canada, who was convicted of attempted unlawful reentry into the Untied States, was sentenced to time served (three months) by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that on September 11, 2016, Knox, a citizen of Canada, attempted to enter the United States at the Rainbow Bridge Point of Entry. A Customs and Border Protection database check revealed that the defendant had multiple prior convictions in the United States, including three convictions for felony drug possession. As a result of his criminal record, in July 2007, a United States Immigration Judge ordered Knox to be removed from the United States and to be prohibited from reentering for a period of 10 years.
The sentencing is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey.
Canadian Man Charged with Unlawful Reentry into United StatesRead the Press Release
SYRACUSE, NEW YORK – Donald T. Johnson, 34, of Peterborough, Ontario, Canada, was arrested in Canton, New York, and charged by criminal complaint yesterday with unlawful reentry of a removed alien, announced United States Attorney Richard S. Hartunian. Johnson made his initial appearance yesterday before United States Magistrate Judge David E. Peebles and was ordered detained pending further proceedings in the case. The criminal complaint alleges that Johnson, a Canadian citizen, unlawfully reentered the United States after having been deported in 2011.
The charge filed against Johnson carries a maximum sentence of 2 years in prison, a fine of up to $250,000, and a term of supervised release of up to 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by United States Border Patrol, and is being prosecuted by Assistant U.S. Attorney Nicolas Commandeur.
California Man Sentenced to 80 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
WASHINGTON – Raymond Carter, 73 of Rancho Cordova, Calif., was sentenced today to 80 months in prison on a charge of traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Carter pled guilty in September 2016, in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Tanya S. Chutkan. Upon completion of his prison term, Carter will be placed on 10 years of supervised release. He also will be required to register as a sex offender for 25 years upon his release from prison.
According to the government's evidence, on May 6, 2016, Carter began communicating with an undercover officer with the FBI's Child Exploitation Task Force who purported to have access to a juvenile. Carter then began a series of text message conversations with the undercover officer in which he indicated that he would be traveling to Washington, D.C. As their conversations continued, he arranged to meet on May 10, 2016. When he arrived at a pre-arranged meeting place in Washington, D.C., he was arrested. He has been in custody ever since.
During his conversations with the undercover officer, according to the government’s evidence, Carter made reference to a previous arrest that led to his conviction in another federal child exploitation case. In that case, which was filed in the Eastern District of California, Carter was sentenced in 2005 to a three-year prison term and ordered to register as a sex offender.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Interim Chief Newsham praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Andrea L. Hertzfeld, who is prosecuting the case.
Businessman Pleads Guilty to More Than $4.6 Million Wire Fraud SchemeRead the Press Release
DALLAS — Wesley Michael Woodyard, 65, most recently of Dallas, appeared in federal court this afternoon and pleaded guilty, before U.S. District Judge Sidney A. Fitzwater, to one count of wire fraud stemming from his scheme to defraud Ace European Insurance Company (ACE) of more than $4.6 million from approximately 2002 through 2013. U.S. Attorney John Parker of the Northern District of Texas made today’s announcement.
Woodyard, who has been in custody since his arrest in June 2016, faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. He could also be ordered to pay restitution. Sentencing is set for March 24, 2017.
According to documents filed in the case, from 1993 through 2015, Woodyard was the sole owner and operator of Ringler Associates of North Texas, Incorporated (RANT). From approximately 2002 through 2013, Woodyard devised and engaged in a fraud scheme in which he engaged in a pattern of deceitful conduct and false representations to fraudulently induce representatives of Ace European Insurance Company (ACE), a large insurance company located in London, England, to send approximately $4,674,258 to bank accounts that Woodyard controlled. ACE initially sent these funds to companies acting as a third party administrator; they then transferred the ACE funds to Woodyard.
Woodyard concealed his theft of ACE funds from the Ringler Insurance Agency (RIA). The fraud scheme allowed Woodyard to fraudulently retain commission funds earned by RIA. Woodyard repeatedly stole ACE funds, totaling approximately $4,674,258, that were wired from London. ACE intended Woodyard to honestly use these funds to purchase annuities for the benefit of many insurance claimants. However, as charged in the indictment, as part of the scheme to defraud ACE, Woodyard caused ACE to make 11 wire transfers to banks in the United States; these funds were later wired to bank accounts in Texas.
Woodyard falsely represented to ACE, as well as to third party administrators Roger Rich and Company and Vanbreda International, that he intended to lawfully use all funds received from ACE to purchase several life insurance annuity contracts from Metropolitan Life, Incorporated or some other legitimate insurance company. Woodyard caused ACE funds to be sent from Roger Rich and Company and Vanbreda directly to RANT, rather than to the annuity provider, thus denying RIA its earned commission for the transaction.
Woodyard fraudulently concealed from ACE and others that he unlawfully used the majority of ACE funds of his own personal financial benefit. He admitted he concealed the theft because he knew that ACE would never agree to send him approximately $4,674,258 in ACE funds if ACE knew he intended to steal the funds.
Out of the $4,674,258 in funds Woodyard fraudulently obtained, Woodyard paid out approximately $857,626 to beneficiaries, resulting in a net financial gain to Woodyard of $3,816,632.
The Federal Bureau of Investigation is in charge of the investigation. The prosecution is being handled by Assistant U.S. Attorney David Jarvis.
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Buffalo Man Charged with Possession of Child PornographyRead 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 Joshua Butler, 42, of Buffalo, NY, was charged by criminal complaint with possession of child pornography subsequent to a prior conviction. The charge carries a minimum penalty of 10 years in prison, a maximum of 20 years, and a $250,000 fine.
Assistant U.S. Attorney Scott S. Allen, Jr., who is handling the case, stated that according to the complaint, on April 13, 2016, Butler was convicted in state court of one count of Promoting a Sexual Performance by a Child, and subsequently sentenced to 10 years probation. On July 19, 2016, an Erie County Probation Officer searched Butler’s residence in accordance with the terms of his probation. The probation officer recovered one cellular phone with internet capabilities which Butler was prohibited from having. A forensic examination determined that the cellular phone contained over 300 images of child pornography, some of which depicted children under the age of 12 as well as images of violence.
The defendant made an initial appearance this afternoon before Magistrate Judge Jeremiah J. McCarthy. Butler is being held in state court for a probation violation.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Berkeley County man sentenced for stalking ex-girlfriendRead the Press Release
MARTINSBURG, WEST VIRGINIA – John Glenn Bartley, 56, of Inwood, West Virginia, was sentenced to 71 months in prison for multiple federal stalking charges, United States Attorney William J. Ihlenfeld, II, announced.
Bartley was found guilty by a jury following a three-day trial in April 2016. Evidence presented at trial indicated that he harassed his former girlfriend by mailing indecent photographs of her to others. He was found guilty of three counts of “Stalking” and one count of “Interstate Violation of a Protective Order.”
Assistant U.S. Attorneys Michael Stein and Sarah Montoro prosecuted the case on behalf of the government. The Federal Bureau of Investigation investigated.
U.S. District Judge Irene M. Keeley presided.
Baltimore Man Pleads Guilty to Distributing HeroinRead the Press Release
Baltimore, Maryland – Lamar Vinson Kaintuck, age 28, of Baltimore, pleaded guilty today to distribution of heroin.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office; Calvert County Sheriff Mike Evans; Harford County Sheriff Jeffrey R. Gahler; Chief James W. Johnson of the Baltimore County Police Department; and Maryland Attorney General Brian E. Frosh.
According to his plea agreement, on September 26, 2015, members of the Calvert County Sheriff’s Office responded to the scene of a fatal heroin overdose. Investigation of the death determined that the victim had obtained communicated with “Chris,” concerning purchasing heroin prior to his fatal overdose. Investigators reviewed cell site information which indicated that the victim and “Chris” met up just prior to the victim’s overdose and death. The phone for “Chris” was linked to Lamar Vinson Kaintuck by a confidential source who also identified him by photo array.
Kaintuck was arrested on May 16, 2016, and law enforcement recovered a cell phone during a search of Kaintuck. The cell phone was assigned the same number used by the heroin overdose victim to purchase heroin. A search of the cell phone revealed numerous drug related messages. Kaintuck admits that he supplied the victim with heroin just prior to the victim’s fatal overdose.
Kaintuck and the government have agreed to recommend that Kaintuck be sentenced to between five and 12 years in prison, followed by three years of supervised release. The Court is under no obligation to accept this recommendation and will make the final decision as to the appropriate sentence. U.S. District Judge James K. Bredar has scheduled sentencing for March 21, 2017.
United States Attorney Rod J. Rosenstein commended the DEA, Calvert County Sheriff’s Office, Harford County Sheriff’s Office, Baltimore County Police Department, and the Maryland Attorney General’s Office for their work in the investigation. Mr. Rosenstein thanked Special Assistant U.S. Attorney Keri L. Borzilleri, on detail from the Maryland Attorney General’s Office, who is prosecuting this Organized Crime Drug Enforcement Task Force case.
Atlanta Women Sentenced to Prison for Possessing Marijuana with Intent to DistributeRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez sentenced on December 8, 2016, Noelle Bishopel, 27, and Sierra Wimberly, 26, both of Atlanta, Georgia, for possessing with intent to distribute marijuana, United States Attorney Ronald W. Sharpe announced. Judge Gomez sentenced Wimberly to two months’ incarceration, two years of supervised release, 300 hours of community service and a $100 special assessment. Judge Gomez sentenced Bishopel to four months’ incarceration, two years of supervised release, 300 hours of community service and a special assessment of $100.
According to court records, on April 6, 2016, at the Cyril E. King Airport, St. Thomas, Virgin Islands, U.S. Customs and Border Protection officers detected narcotics in checked bags belonging to Wimberly and Bishopel, who had arrived on a Delta Airlines flight from Atlanta. They were both taken to secondary inspection where their checked bags were further examined. CBP officers seized approximately 4.9 kilograms of marijuana from Wimberly’s bag, and 9.45 kilograms of marijuana from Bishopel’s bag.
This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). It was prosecuted by Assistant United States Attorney Everard Potter.
Ambulance Company Owner and Brother Convicted in $6 Million Health Care Fraud ConspiracyRead the Press Release
HOUSTON – Two brothers have been convicted on charges of conspiracy to commit health care fraud, health care fraud and money laundering, announced U.S. Attorney Kenneth Magidson.
Kevin Olufemi Davies, 29, and his brother Melvin Olusola Davies, 28, owned and operated KMD Healthcare Services Inc. (KMD) from their home in a gated townhouse community in Houston. As part of their guilty pleas, they admitted they used stand-in emergency medical technicians (EMT) who were not employees or affiliated with KMD to pass the state inspection necessary for enrollment in the Medicare program.
Medicare and Medicaid only pay for medically necessary ambulance services in vehicles designed and equipped to respond to medical emergencies and for patients who cannot be safely transported by any other means of transportation. Medicare also requires two individuals to staff ambulance transports, including at least one licensed EMT.
The brothers admitted that KMD transported Medicare beneficiaries in private passenger vans and that only one EMT was present. The EMTs wrote up ambulance “run sheets” even though the Medicare beneficiaries did not travel by ambulance and did not need ambulance services. The individuals transported were not bed bound, could walk and routinely used non-ambulance transport in their daily activities. One patient even walked to her own therapy session, but KMD billed Medicare $51,952 for her ambulance transportation.
The brothers admitted they paid a Houston physician $500 per medical necessity order in order to bill Medicare.
KMD billed Medicare, Medicaid and Tricare (another government health program) approximately $6,293,108 in false and fraudulent claims for ambulance services that were not provided and not medically necessary. They received at least $2,201,137 from Medicare, $219,924 from Medicaid and $16,735.29 from Tricare as payment for those claims.
The brothers have agreed to forfeit vehicles they purchased with the fraudulent health care proceeds, including a 2010 Porsche Panamera and a 2012 Mercedes Benz CLS. They have also agreed to pay full restitution to the health care programs.
U.S. District Judge Lynn Hughes accepted the pleas today and has set sentencing for March 13, 2017. At that time, the Davies face up to 10 years in federal prison on each count of conviction as well as a possible $250,000 fine. Both defendants have been in federal custody since their arrest on May 25, 2016, where they will remain pending that hearing.
The FBI, IRS – Criminal Investigation, Texas Office of the Attorney General’s Medicaid Fraud Control Unit conducted the investigation. Assistant U.S. Attorney Julie Redlinger is prosecuting the case.
Albuquerque Resident Pleads Guilty to Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Shawn Anthony Burns, 31, of Albuquerque, N.M., pled guilty today in federal court to violating federal drug trafficking laws under a plea agreement with the U.S. Attorney’s Office.
Burns was arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Burns was arrested in July 2016, on an indictment charging him with distributing crack cocaine on April 19, 2016, April 20, 2016, and April 29, 2016, in Bernalillo County. The indictment included forfeiture provisions requiring Burns to forfeit approximately $4,000 to the United States.
During today’s hearing, Burns pled guilty to distributing crack cocaine and admitted that on April 29, 2016, he distributed 28 grams and more of crack cocaine. At sentencing, Burns faces a statutory minimum penalty of five years and a maximum penalty of 40 years in prison. A sentencing hearing has yet to be scheduled
To date, 17 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case was investigated by the Albuquerque offices of ATF and DEA and is being prosecuted by Assistant U.S. Attorney Kimberly A. Brawley.
Albuquerque Man Sentenced to 18 Years for Armed Robbery of Walmart StoreRead the Press Release
ALBUQUERQUE – Raymond Castillo, 27, of Albuquerque, N.M., was sentenced yesterday in federal court to 18 years in prison for violating the Hobbs Act by participating in the armed robbery of a Walmart store in Albuquerque in Oct. 2014. Castillo will be on supervised release for three years after completing his prison sentence.
Castillo was arrested on Dec. 12, 2014, on a criminal complaint charging him with conspiring to rob a business involved in interstate commerce at gunpoint in violation of the Hobbs Act. The criminal complaint charged Castillo and a co-conspirator with the armed robbery of convenience store located at 1111 Lomas Blvd. NW in Albuquerque on Dec. 7, 2014. The complaint further alleged that the co-conspirator, who was wearing a hooded sweatshirt and a bandana that covered his face, shot and injured the store clerk during the robbery, and that Castillo drove the co-conspirator away from the scene of the robbery.
On Jan. 21, 2015, Castillo and five co-defendants were charged with violating the Hobbs Act and federal firearms laws in a five-count indictment. Count 1 charged Castillo and five other Albuquerque residents, Reyes Lujan, 27, Daniel Maestas, 36, Johnny Ramirez, 31, Frank Gallegos, 31, and Henry Lujan, 23, with conspiring to violate the Hobbs Act. Count 2 charged the six men with violating the Hobbs Act by robbing a Walmart Store in Bernalillo County, N.M., on Oct. 29, 2014. Count 3 charged Castillo with brandishing a firearm during the robbery of the Walmart store, and Count 4 charges Maestas with using and carrying a firearm during the robbery. Count 5 charged Ramirez, Gallegos, Reyes Lujan and Henry Lujan with aiding and abetting the use of firearms during the robbery.
The indictment was superseded in May 2015, by adding a new defendant, Reynaldo Marquez, 26, of Albuquerque, and two new counts. One of the new counts charged Castillo and Marquez with interfering with interstate commerce by robbing a 7-11 convenience store located in Bernalillo County on Dec. 7, 2014. The other charged Marquez with discharging a firearm during that robbery.
On Aug. 2, 2016, Castillo pled guilty to Count 2 of the third superseding indictment charging him with violating the Hobbs Act. In entering the guilty plea, Castillo admitted that on Oct. 29, 2014, he and his co-defendants robbed a Walmart store by threatening the Walmart employees with a firearm.
Castillo’s six co-defendants previously have entered guilty pleas. Reyes Lujan was sentenced on March 8, 2016, to 71 months in prison followed by three years of supervised release, Gallegos was sentenced on Sept. 8, 2016, to 71 months in prison followed by three years of supervised release, Ramirez was sentenced on Oct. 6, 2016, to 71 months in prison followed by three years of supervised release, and Reynaldo Marquez was sentenced on Dec. 1, 2016, to 120 months in prison followed by five years of supervised release. The two remaining co-defendants are in custody pending their sentencing hearings.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Albuquerque Police Department. Assistant U.S. Attorneys Norman Cairns and Samuel A. Hurtado are prosecuting this case.
This case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
18 Facing Charges Related to Health Care Fraud and Prescription Pill Distribution RingRead the Press Release
PITTSBURGH – Eighteen individuals have been charged in 13 indictments for their role in a large-scale health care fraud and prescription pill distribution scheme, Acting United States Attorney Soo C. Song announced today. The separate, but related, indictments, returned Tuesday and unsealed today, charge the defendants with drug distribution, health care fraud and conspiracy to commit health care fraud. The indictments allege that the defendants obtained prescription painkillers paid for by government-funded health care programs and then sold their pills for cash. The buyers then redistributed the pills to addicts.
The grand jury returned an 11-count superseding indictment charging the following six defendants:
Mark Coleman, 37, of Pittsburgh, Pa.;
Jeremiah Davidson, 60, of Pittsburgh, Pa.;
Kavon Dawkins, 23, of Clinton Twp., Michigan;
Tevina Harris, 22, of Pittsburgh, Pa.;
Nicole Miller, 29, of formerly Pittsburgh, Pa. and currently incarcerated; and
William Richardson, formerly Pittsburgh, Pa., 15212 and currently incarcerated.According to the superseding indictment, Coleman, Davidson, Dawkins, Harris, Miller and Richardson conspired to distribute oxycodone and oxymorphone from August 2014 to June 2016. Harris and Richardson are charged with possession with intent to distribute oxymorphone on August 6, 2014 and August 14, 2014; and with possession with intent to distribute oxycodone on August 12, 2014. Davidson is charged with conspiracy to defraud UPMC Health Plan by selling prescription medications he obtained for himself. Richardson is charged with conspiracy to defraud health care benefit programs from March 2016 to May 2016 by obtaining, through false pretenses, prescription medication prescribed for others and paid for by their health care plans. The indictment also charges Richardson with defrauding UPMC Health Plan, Envision Rx Plus, and Gateway Health by receiving prescription medications for himself and selling them, and for paying individuals for prescription medications issued in their names and selling their medications. Richardson is also charged with possession with intent to distribute oxycodone and oxymorphone on August 15, 2014. The indictment further alleges that on August 15, 2014, Richardson was in possession of six firearms in furtherance of a drug trafficking crime. Finally, the indictment alleges Richardson, a convicted felon who has 11 prior convictions for crimes punishable by more than a year in prison, illegally possessed five firearms on August 15, 2014. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm.
A five-count indictment charges Angela Vernon, 65, of Pittsburgh, Pa., with defrauding UPMC Health Plan and conspiracy to possess with intent to distribute and distribution of oxycodone.
A four-count indictment charges Antoinette Adair, 48, of Pittsburgh, Pa., with defrauding Envision Insurance Company and conspiracy to distribute oxycodone and oxymorphone.
A four-count indictment charges James Roberson, 61, of Pittsburgh, Pa., with defrauding UPMC Health Plan and conspiracy to possess with intent to distribute and distribution of oxycodone and oxymorphone.
A three-count indictment charges Jacqueline Bauer, 33, of Gibsonia, Pa., with defrauding UPMC Health Plan and conspiracy to distribute oxycodone and oxymorphone.
A three-count indictment charges Mildred Rainey, 60, of Pittsburgh, Pa., with conspiracy to defraud health care insurance companies and possession with intent to distribute oxycodone.
A three-count indictment charges Marion Randolph, 62, of Pittsburgh, Pa., with defrauding Aetna, Inc. and possession with intent to distribute oxycodone.
A two-count indictment charges Teresa Bernardi, 54, of Pittsburgh, Pa., with conspiracy to defraud health care insurance companies and possession with intent to distribute oxycodone.
A two-count indictment charges Donna Swigart, 53, of Ford City, Pa., with defrauding Gateway Health and conspiracy to possess with intent to distribute oxycodone.
A two-count indictment charges Jeannette Smith, 53, of Ford City, with defrauding Gateway Health and conspiracy to possess with intent to distribute oxycodone.
A two-count indictment charges John Zurich, 40, of North Versailles, Pa., with conspiracy to possess with intent to distribute oxycodone and possession of a firearm by an unlawful user of controlled substances.
A one-count indictment charges Jennifer Troy, 40, of Gibsonia, Pa., with conspiracy to possess with intent to distribute oxycodone and oxymorphone.
A one-count indictment charges Chani Watkins, 25, of Coraopolis, Pa., with conspiracy with intent to distribute oxycodone and oxymorphone.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation and the Drug Enforcement Administration conducted the investigation that led to the prosecution of these defendants.
Thursday 8 December 2016
Windermere Man Sentenced to 25 Years for Receipt, Distribution, and Possession of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Rodolfo Martinez Rodriguez (61, Windermere) to 25 years in federal prison for receipt, distribution, and possession of child pornography. The Court also imposed a life term of supervised release. He pleaded guilty on September 21, 2016.
According to the plea agreement, Rodriguez, acting under the user name “michael_modeling,” used Instagram to entice children into producing sexually explicit images and videos that he then distributed to other children. Rodriguez engaged in communications with girls as young as 9, while he portrayed himself to be either a male or female between the ages of 10 and 17. Rodriquez admitted that he had engaged in this conduct for a span of two years, and stated that he did not think that asking for and receiving child pornography from children over the Internet caused any harm to the children.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Williamsport Man Indicted for Drug Trafficking and Firearms ViolationsRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dominique Lassiter, age 26, of Williamsport, Pennsylvania, was indicted by a federal grand jury for drug trafficking and possession of firearms by a felon.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Lassiter distributed heroin in Williamsport in September and October 2016. After an investigation by the Lycoming County Narcotics Enforcement Unit, a search of Lassiter’s apartment uncovered a 9mm pistol, 12-gauge shotgun, .308 caliber rifle, heroin packaged for distribution, bulk heroin and cocaine, and items commonly used in drug trafficking such as digital scales and empty packets identical to the filled packets seized.
The charges stem from an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Williamsport Bureau of Police, and the Lycoming County District Attorney’s Narcotics Enforcement Unit. The case is assigned to Geoffrey MacArthur for prosecution.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses
This case was also brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of 3 years’ supervised release following imprisonment, and a $1 million dollar fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Westerly Resident Sentenced for Possessing, Distributing Child PornographyRead the Press Release
PROVIDENCE – Normand Asselin, 41, of Westerly, was sentenced today to 87 months in federal prison for possessing and distributing child pornography, announced United States Attorney Peter F. Neronha and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Asselin to serve 10 years supervised release upon completion of his prison term. Asselin pleaded guilty on September 23, 2016, as charged in a federal indictment, to one count of distribution of child pornography and one count of possession of child pornography.
According to information presented to the court, in May 2015, Google security personnel reported to the National Center for Missing and Exploited Children that on March 18, 2015, images of child pornography were uploaded via email from an Internet Protocol (IP address) belonging to Normand Asselin. The information was forwarded to Rhode Island State Police. On May 15, 2015, Rhode Island State Police executed a court authorized search of Asselin’s Google email account which revealed that Asselin was sending and receiving images and video of child pornography.
On June 3, 2015, members of the Rhode Island State Police Internet Crimes Against Children (ICAC) task force a executed court authorized arrest warrant for Asselin and a court authorized search of his residence. A forensic preview of a laptop belonging to Asselin revealed the existence of images and videos of child pornography. A further forensic examination of the laptop revealed approximately 1,250 images and approximately 70 videos of child pornography.
Asselin has been detained since his arrest.
The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The Rhode Island ICAC task force is comprised of members of the Rhode Island State Police Computer Crimes Unit along with detectives from the Bristol, Coventry, Jamestown, Middletown, North Kingstown, Pawtucket, Portsmouth, Warwick, and Woonsocket Police Departments, and agents from Homeland Security Investigations, United States Naval Criminal Investigative Service and United States Postal Inspection Services.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
West Hartford Man Sentenced to 45 Months in Prison for Distributing Crack, Heroin and FentanylRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that EROS DIAZ, also known as “Red,” 21, of West Hartford, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 45 months of imprisonment, followed by three years of supervised release, for distributing crack cocaine, heroin and fentanyl. Judge Covello also ordered DIAZ to perform 100 hours of community service while on supervised release.
According to court documents and statements made in court, in the spring of 2015, the DEA’s Hartford Task Force received information that DIAZ was selling narcotics in the Hartford area. Between May 2015 and June 2016, an undercover agent conducted 17 controlled purchases of crack cocaine and heroin from DIAZ and his associates. Prior to each of the controlled purchases, the undercover agent arranged to purchase narcotics by calling or texting DIAZ. DIAZ then directed the agent to travel to different locations in Hartford to complete the transaction. DIAZ either personally conducted the hand-to-hand exchange of narcotics with the agent, or would send an associate to complete the transaction.
Subsequent laboratory testing of the narcotics that were purchased revealed that some of the bags of purported heroin also contained fentanyl and acetyl fentanyl, and, in some instances, contained fentanyl and acetyl fentanyl and no heroin at all.
At the time of the drug sales, DIAZ was released on a $750,000 bond after being arrested in May 2015 on first degree assault and other charges related to a shooting that occurred in March 2015. The charges are pending in state court.
DIAZ has been detained since his arrest on June 7, 2016. On September 16, 2016, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine base (“crack”), heroin, fentanyl and acetyl fentanyl.
The Drug Enforcement Administration’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Wethersfield and Willimantic Police Departments.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Wahoo Man Sentenced for Filing a False Tax ReturnRead the Press Release
United States Attorney Deborah R. Gilg announced that Kent Jay Trembly, 61, of Wahoo, Nebraska., was sentenced today in Lincoln, Nebraska, to 2 years of probation, including 6 months of house arrest by United States Senior District Judge Richard G. Kopf, for filing a false tax return with the Internal Revenue Service. In addition to his probation sentence, Trembly was required to pay $110,374.58 in restitution to the Internal Revenue Service.
In February, 2009, Trembly filed a Form 1040 for the year 2006 with the Internal Revenue Service. That return was verified and signed by Trembly with a written declaration that it was made under the penalties of perjury. The Form 1040 signed by Trembly failed to indicate Schedule C income and gross receipts from his business activity, involving legal, veterinarian, supplement sales, and/or investment broker businesses, during the calendar tax year of 2006. This omission resulted in Trembly failing to report gross receipts of $1,110,982.77 and resulted in a reduction of business income of approximately $188,611 and a determined tax loss to the United States of approximately $50,507.
Additionally, Trembly filed a Form 1040 for the tax year 2007, which also failed to indicate Schedule C income and gross receipts on that tax return. That failure resulted in a reduction of business income of approximately $203,493.56 and a determined tax loss to the Unites States, of approximately $59,867.58.
“No matter what the source of income, all income is taxable,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “The prosecution of individuals who intentionally conceal income and evade taxes is a vital element of the IRS' enforcement strategy.”
Additional information about the Tax Division and its enforcement efforts may be found at www.justice.gov/tax.
This case was investigated by the Internal Revenue Service.
United States Attorney and Rensselaer County Host Meeting on Opioid Drug AddictionRead the Press Release
ALBANY, NEW YORK - On Monday, December 12th, the United States Attorney’s Office for the Northern District of New York is partnering with anti-heroin groups across Rensselaer County to host a presentation on heroin, opiates and other drugs, and their effect on human physiology-
“Understanding Heroin, Addiction and the Brain”
Guest Speaker, Michael Nerney
Monday, Dec. 12th, 7 – 9 PM
McDonough Sports Complex
Hudson Valley Community College“The explosion of prescription opioid drug abuse and heroin is a nationwide issue with terrible local consequences. Given the recent report from the U.S. Surgeon General that more people now use prescription opioids than use tobacco, it is no longer a matter of if opiate or heroin addition will affect someone you know, it’s when,” said United States Attorney Richard S. Hartunian. “Education and prevention are essential elements to combatting this epidemic. My office has partnered with six communities across the Northern District of New York to host this presentation and we will continue to work with community groups, law enforcement agencies and local government to combat this scourge,” said the U.S. Attorney.
Joining the U.S. Attorney’s Office in offering this presentation are Rensselaer County Executive Kathleen Jimino and the Rensselaer County Heroin Coalition, the Nopiates – Say No to Opiates – Coalition, the Troy Drug Free Community Coalition, the RADAR – Rensselaer Area Drug Awareness Reality Coalition, and the New York National Guard Counterdrug Task Force.
“Heroin and opioid addiction is devastating to those inflicted as well as to the person’s family and friends. Sadly, even those committed to breaking the chains of heroin addiction find the struggle difficult to overcome making it imperative to redouble our efforts to prevent addiction and support efforts to assist those seeking or in recovery. Additionally, I want to commend United States Attorney Richard S. Hartunian for his leadership on this issue as well as all of our partners in the Rensselaer County Heroin Coalition for their continued dedication,” stated Rensselaer County Executive Kathleen M. Jimino.
The December 12th evening event will include featured speaker Michael Nerney, the former director of the Training Institute of Narcotic and Drug Research in New York City. Mr. Nerney has been a national consultant on adolescent chemical dependency and addiction and has over thirty-seven years of experience in the field of substance abuse and prevention. His area of expertise includes psycho-pharmacology, adolescent chemical dependency, relapse prevention, heroin and prescription opioids. Mr. Nerney has also been a consultant to the federal Office of Substance Abuse Prevention, New York State Education Department, New York State Division of Probation and Correctional Alternatives, New York State Division of Criminal Justice Services, and two television networks. He has been featured on 20/20, a primetime news magazine television show.
The United States Attorney’s Office for the Northern District of New York has partnered with local groups to present programs featuring Michael Nerney in Plattsburgh through their Substance Abuse Prevention and Recovery of Clinton County, Mohawk Valley Community College with the Oneida County Sheriff, Massena High School Freshman Academy, and the St. Regis Mohawk Tribe Alcohol/Chemical Dependency Prevention Program. Two more presentations are slated with the Broome Opioid Abuse Council and the Jefferson County Community College in December.
Community showings of the 47-minute film, “Chasing the Dragon: The Life of an Opiate Addict,” a United States Department of Justice sponsored documentary, are scheduled in each of these areas as a follow-up meeting and discussion. The purpose of bringing communities together on opiate addiction is to –
- create an urgent awareness of the opiate/heroin epidemic,
- start the discussions people need to have on the issue,
- alter the stigma of addiction by bringing it into the open,
- stress that prevention is essential,
- declare that recovery is possible, and
- build unity in addressing the opiate/heroin epidemic.
For further information on how to schedule a “Chasing the Dragon” documentary showing in your community, call the U.S. Attorney’s Office at 518-431-0247.
Two members of Indiana family plead guilty to pain pill conspiracyRead the Press Release
CHARLESTON, W.Va. – Two members of a family from Indiana pleaded guilty today to an oxycodone conspiracy, announced United States Attorney Carol Casto. Steven Jurick, 57, of Valparaiso, and his mother-in-law, Linda Vannatter, 74, of Hammond, entered their guilty pleas to conspiracy to distribute oxycodone.
Jurick and Vannatter admitted to conspiring with each other from approximately January 2016 until April 13, 2016, to provide oxycodone to an individual who distributed the pain pills in Logan County. That individual contacted either Jurick or Vannatter on several occasions and met with either or both of them in Indiana to obtain oxycodone. Vannatter admitted that on March 15, 2016, she sold 231 thirty milligram and 17 twenty milligram oxycodone pills to that individual, who on that occasion was acting as a confidential informant. Jurick admitted that on April 13, 2016, he sold 150 thirty milligram oxycodone pills to that individual, who on that occasion was again acting as a confidential informant. The drug deals both took place in Indiana.
Jurick and Vannatter each face up to 20 years in federal prison when they are sentenced on March 15, 2017.
The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney John J. Frail is handling the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two Sentenced on Federal Drug ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – A second defendant in a local drug conspiracy which was responsible for dealing significant quantities of extremely pure methamphetamine, was sentenced today in the United States District Court for the Western District Court in Charlottesville, United States Attorney John P. Fishwick Jr. announced.
Ramon Gabriel Jr. of North Carolina previously pled guilty to one count of conspiring to distribute and possess with the intent to distribute methamphetamine. Today in District Court, Gabriel was sentenced to 42 months in federal prison to be followed by three years of supervised release. Gabriel was also ordered to pay a fine of $500.
A co-defendant in the case, David Valencia, 27, of Madison Heights, Va., was convicted of one count of conspiring to distribute and possess with the intent to distribute methamphetamine in June 2016. In September 2016, Valencia was sentenced to 38 months in federal prison, three years of supervised release and also ordered to pay a fine of $500.
“Methamphetamine trafficking continues to be a growing threat throughout the Western District of Virginia,” United States Attorney Fishwick said today. “We will continue to work with our partners in law enforcement to slow the influx of this deadly and addictive substance into Virginia.”
The investigation of the case was conducted by the Drug Enforcement Administration, the Jefferson Area Drug Enforcement Task Force and the Federal Bureau of Investigation. Assistant United States Attorney Ronald M. Huber prosecuted the case for the United States.
Two Head to Prison for Firearms TraffickingRead the Press Release
McALLEN, Texas – Two McAllen men have been sentenced to federal prison for their roles in the trafficking of firearms, announced U.S. Attorney Kenneth Magidson.
Dimas Rodriguez, 44, pleaded guilty June 29, 2016, admitting to being a felon in possession of a firearm, while Jose Gertrudis Partida, 71, pleaded guilty Aug. 31, 2016, admitting he transferred a firearm to a felon.
Following a hearing this morning, U.S. District Judge Micaela Alvarez ordered Rodriguez and Partida to serve 70 and 30 months in prison, respectively. During the hearing, Partida asked the court for a lower sentence due to his elderly age, lack of criminal record and his prior military service, which included the awarding of a Bronze Star. However, the government argued that a strong sentence was warranted due to his involvement in providing multiple firearms to individuals who either actually exported or represented to export firearms into Mexico for use by the Gulf Cartel and his involvement in drug trafficking-related activities.
In handing down the sentence, the court noted the troublesome connection with an offense involving both drugs and guns and stated that Partida’s sentence would also serve as a deterrent to those, whether young or old, who are contemplating such criminal actions. Partida will also serve two years of supervised release following his prison term and will be required to pay a $30,000 fine.
On Dec. 2, 2015, Partida provided Rodriguez with three semi-automatic firearms. Rodriquez then sold them to an individual who planned to provide the weapons to Gulf Cartel members. At the time Partida transferred the firearms to Rodriguez, he knew Rodriguez had been convicted of the felony offense of possession with intent to deliver a controlled substance and, therefore, prohibited from possessing firearms.
Rodriguez has been and remains in federal custody. Partida was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined at a later date.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Hidalgo County High Intensity Drug Trafficking Area Task Force. Assistant U.S. Attorney Roberto Lopez Jr. prosecuted the case.
Trio Sentenced for Roles in Interstate Vehicle Theft RingRead the Press Release
DAYTON, Ohio – Three individuals were sentenced in U.S. District Court yesterday for their roles in an interstate vehicle theft ring.
Merle Jay Lunsford, 57, of Dayton was sentenced to 60 months in prison. Shane Lunsford, 34, of Dayton, was sentenced to 24 months in prison. Joshua Jenkins, 22, of Milan, Indiana, was sentenced to time served. All three defendants were ordered to pay nearly $55,000 in restitution jointly.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division and Montgomery County Sheriff Phil Plummer announced the sentence handed down today by U.S. District Judge Thomas M. Rose.
According to court documents, from at least June until December 2015, the trio would steal vehicles in Southern Ohio or Northern Kentucky and sell them across the state border for profit. The defendants possessed stolen vehicles, additional license plates from stolen vehicles, lock-picking tools, a firearm, heroin, methamphetamine and fentanyl.
All three defendants pleaded guilty to conspiracy to transport stolen vehicles across state lines. Merle Jay Lunsford also pleaded guilty to one count of receipt, possession and sale of a stolen vehicle which had crossed a state boundary and one count of being a felon in possession of a firearm.
Lunsford possessed a firearm after having been convicted of five previous felonies ranging in date from 1983 until 2003 and including offenses such as aggravated robbery and aggravated drug trafficking.
U.S. Attorney Glassman commended the cooperative investigation by the FBI and Montgomery County Sheriff’s Office, as well as Assistant United States Attorney Dwight Keller, who is representing the United States in this case.
Toledo man indicted for having 11 pounds of cocaineRead the Press Release
A Toledo man was indicted for having more than 11 pounds of cocaine, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Leroy L. Hooker, 47, was indicted on one count of possession with intent to distribute more than five kilograms of cocaine.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation in Toledo. The case is being handled by Assistant United States Attorneys Thomas P. Weldon and Alissa M. Sterling.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three sentenced to prison for $3 million fraud involving Cleveland home health companyRead the Press Release
Three people were sentenced to prison for their roles in a $3 million conspiracy involving a home health service company with offices in Cleveland to defraud government insurance programs by billing for services not provided, law enforcement officials said.
George Epps, 43, of Cleveland, was sentenced to 46 months in prison.
Abdulazis Warsame, 51, of Cleveland, was sentenced to 37 months in prison.
Amir Ahmed, 51, of Columbus, was sentenced to 27 months in prison.
All three worked for Lifeline Home Health Services, which was incorporated in 2006 and had an office at 12200 Fairhill Road in Cleveland.
The defendants and others conspired between 2009 to 2013 to defraud Medicaid by submitting false documentation to become an accredited home healthcare provider, forging documents to make it appear doctors had approved specific plans of care, fabricating and billing for home health visits that had not taken place. Ahmed also recruited patients by offering cash kickbacks in exchange for becoming patients of Lifeline, according to court documents.
Collectively, they received payment for more than $3 million in fraudulent claims, according to court documents.
“These defendants stole millions of dollars from the public,” U.S. Attorney Carole S. Rendon said. “They have earned their time in prison. We will continue to work collaboratively to protect taxpayers and programs receiving federal dollars.”
“The sentencing of these defendants should send a message to illegitimate providers of home health services that the OIG and our law enforcement partners are actively engaged in identifying, exposing, and holding accountable those who choose to attack the Medicaid and Medicare programs,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The OIG will continue to dedicate resources to combat fraud in the area of home health services to protect those patients who truly need these services, and to preserve vital taxpayer dollars.”
“These defendants orchestrated a multi-million dollar conspiracy to defraud Ohio Medicaid and live off of taxpayer dollars that they were never entitled to receive,” said Attorney General Mike DeWine. “Their conduct was egregious, and it is something that authorities with my office are trained to identify, investigate, and prosecute. I’m pleased that prison time and restitution was ordered in this case because this behavior will not be tolerated in Ohio.”
This case was prosecuted by Assistant U.S. Attorney Michael L. Collyer following an investigation by the Department of Health and Human Service’s Office of Inspector General, the FBI and the Ohio Attorney General’s Medicaid Fraud Control Unit.
Third U.S.-China High-Level Joint Dialogue on Cybercrime and Related IssuesRead the Press Release
Joint Summary of Outcomes
Yesterday, Attorney General Loretta E. Lynch and Department of Homeland Security Secretary Jeh Johnson, together with Chinese State Councilor and Minister of the Ministry of Public Security Guo Shengkun, co-chaired the third U.S.-China High-Level Joint Dialogue on Cybercrime and Related Issues. The dialogue aims to review the timeliness and quality of responses to requests for information and assistance with respect to cybercrime or other malicious cyber activities and to enhance pragmatic bilateral cooperation with regard to cybercrime, network protection and other related issues.
Both sides endorse the establishment of the dialogue mechanism as beneficial to bilateral communication and enhanced cooperation, and believe that further solidifying, developing and maintaining the dialogue mechanism and continuing to strengthen bilateral cooperation in cybersecurity is beneficial to mutual interests.
The outcomes of the third dialogue are listed as below:
1. Combatting Cybercrime and Cyber-Enabled Crime. Both sides re-commit to cooperate on the investigation of cyber crimes and malicious cyber activities emanating from China or the United States and to refrain from cyber-enabled theft of intellectual property with the intent of providing competitive advantages to companies or commercial sectors. To that end, both sides:
- Plan to continue the mechanism of the “Status Report on U.S./China Cybercrime Cases” to evaluate the effectiveness of case cooperation.
- Affirm that both sides intend to focus cooperation on hacking and cyber-enabled fraud cases, share cybercrime-related leads and information with each other in a timely manner, and determine priority cases for continued law enforcement cooperation. Both sides intend to continue cooperation on cases involving online distribution of child pornography. Both sides seek to expand cyber-enabled crime cooperation to counter Darkweb marketplaces’ illicit sale of synthetic drugs and firearms.
- Seek to provide concrete and timely updates on cases brought within the ambit of the dialogue.
- Exchanged views on existing channels of multilateral cooperation, and intend to continue exchanges regarding this topic.
2. Network Protection. Both sides acknowledged the network protection seminar held in August 2016 in China, and believe that enhancing network protection is beneficial to both sides. Both sides suggest holding regular network protection working-level meetings, either remotely or in-person, the next of which should be planned for 2017. Both sides seek to promote the protection of our respective networks through multiple methods. To that end, both sides:
- Plan to enhance network hygiene by promoting the cleaning and patching of malware infections in our respective networks and promoting best network protection practices.
- Propose to engage in regular reciprocal sharing of malicious IP addresses, malware samples, analytic products, and other network protection information, and to develop standard operating procedures to guide network protection cooperation.
- Seek to assess the effectiveness of information shared and provide substantive feedback to each side regarding the utility of that information.
- Plan to provide Principals with regular summaries of network protection cooperation.
- Intend to continue discussion on future cooperation concerning cybersecurity of critical infrastructure, and to provide timely assistance on cybersecurity incidents impacting critical infrastructure.
- Intend to hold, as early as possible in 2017, a U.S.-China government and technology company roundtable to discuss cybersecurity issues of mutual concern.
3. Misuse of Technology and Communications to Facilitate Violent Terrorist Activities. Both sides acknowledged the seminar on misuse of technology and communications to facilitate violent acts of terrorism held in November 2016 in China, and decided to continue cooperation on information sharing in countering the use of the Internet for terrorist and other criminal purposes. Both sides will consider holding a second seminar in 2017.
4. Hotline Mechanism. Both sides welcomed the launch of the U.S.-China Cybercrime and Related Issues Hotline Mechanism, and decided to continue to use the hotline in accordance with the Work Plan. Both sides will conduct routine review of the use of the hotline.
5. Dialogue Continuity. Both sides recommend that the dialogue continue to be held each year, and that the fourth dialogue occur in 2017.
Ten People Charged for Their Roles in Violent Heroin Trafficking Conspiracy Operating in Trenton, New JerseyRead the Press Release
TRENTON, N.J. – Federal and local law enforcement authorities today arrested multiple members and suppliers of a drug trafficking organization that allegedly distributed hundreds of grams of heroin in Trenton and the surrounding areas, U.S. Attorney Paul J. Fishman announced.
The alleged leader of the conspiracy, Ishmael Abdullah, a/k/a “Ish,” a/k/a “Gangsta,” a/k/a “Papi,” 26, of Trenton, was among 10 defendants charged in a complaint unsealed today, six of whom were arrested this morning as part of a coordinated takedown by federal and local law enforcement authorities. Of the remaining four defendants, two are currently incarcerated on pending state charges and parole violations and two remain at large.
Each defendant (see attached chart) is charged with one count of conspiracy to distribute 100 grams or more of heroin. Ishmael Abdullah and Christopher Proctor, a/k/a “Bris,” a/k/a “Bris Broctor,” 22, of Trenton, are also charged with unlawful possession of a firearm by a convicted felon. Those arrested today are scheduled to appear this afternoon before U.S. Magistrate Judge Douglas E. Arpert in Trenton federal court.
“According to the charges, the defendants sold large quantities of heroin out of a residential neighborhood in Trenton, all while keeping firearms on hand to further their drug-trafficking activities,” U.S. Attorney Fishman said. “Today’s arrests, which include the group’s alleged leader, are part of a coordinated effort by federal and local law enforcement to curb the proliferation of heroin in our communities and the senseless violence that it brings.”
“Today, FBI Newark and our law enforcement partners executed ten federal arrest warrants and conducted several searches in the greater Trenton area. These arrests highlight our commitment to combating the opiate and heroin epidemic that affects each and every one of our communities,” stated Timothy Gallagher, Special Agent in Charge of the Newark FBI Field Office.
According to the complaint:
From June 2015 through December 2016, Ishmael Abdullah, Hunter, and other members of their drug trafficking organization (the “Abdullah DTO”) engaged in a heroin distribution conspiracy that operated in the area of Spring and Passaic Streets in Trenton.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Ishmael Abdullah was a leader of the conspiracy and was responsible for obtaining significant quantities of heroin from multiple suppliers, including Torres-Mezquita and Sanchez. Ishmael Abdullah and Hunter coordinated the organization’s distribution of heroin to the other conspirators, who sold and stored the drugs.
Members of the Abdullah DTO spoke in code and used stash houses, cars, and temporary prepaid phones to avoid detection by law enforcement. In connection with their narcotics distribution, members of the Abdullah DTO also maintained joint access to firearms.
Members of the Abdullah DTO sold prepackaged “bricks” of heroin, which contained approximately one gram, and “bundles” of heroin, which contained approximately one-fifth of a gram, to various other distributors, sub-dealers, and end users in Trenton and surrounding areas. Discussions about drug quality, consumer satisfaction, pricing, quantity, and the nature of the organization’s drug distribution business, including the storage and accessibility of firearms, were captured on calls and text messages intercepted during the investigation.
“Today's arrests affirm ATF's commitment to protect the public by reducing violent crime in our neighborhoods,” said Special Agent in Charge George P. Belsky, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Newark Field Division. “Investigating, arresting, and prosecuting armed narcotics traffickers remains a top priority for ATF. We will continue to work diligently with our local, state and federal partners to focus our efforts on targeting violent offenders wreaking havoc in our streets.”
Trenton Police Director Ernest Parrey, Jr. stated, “On behalf of the City of Trenton and the Trenton Police Department, I would like to thank all of our law enforcement partners who dedicated their resources in an effort to improve the quality of life for the citizens of our city. This joint investigation and the arrests of these individuals, who plagued city neighborhoods to further their drug trafficking network, is not only a win for law enforcement but a victory for the citizens of this city who have had to live under those brutal conditions.”
The conspiracy charge carries a mandatory minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine. The firearms charges with which Ishmael Abdullah and Christopher Proctor are charged carry a maximum potential penalty of 10 years in prison and a $250,000 fine.
U.S. Attorney Fishman credited agents and officers with the Greater Trenton Safe Streets Task Force, including special agents of the FBI, under the direction of Special Agent in Charge Gallagher; special agents of the ATF, Newark Field Division, under the direction of Special Agent in Charge Belsky; officers of the Trenton Police Department, under the direction of Director Ernest Parrey, Jr.; officers of the Princeton Police Department, under the direction of Chief of Police Nicholas Sutter; officers of the Ewing Police Department, under the direction of Chief of Police John P. Stemler III; and detectives of the Mercer County Prosecutor’s Office, under the direction of Mercer County Prosecutor Angelo J. Onofri, with the investigation.
He also thanked special agents of the FBI’s Philadelphia Field Office, under the direction of Special Agent in Charge Michael Harpster; special agents of Homeland Security Investigations, under the direction of Special Agent in Charge Terence S. Opiola; officers of the New Jersey State Police, under the direction of Superintendent Col. Joseph R. Fuentes; and officers of the Mercer County Sheriff’s Office, under the direction of Sheriff John A. Kemler, for their assistance in the case.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant
Age
Residence
Ishmael Abdullah, a/k/a “Ish,” a/k/a “Gangsta,” a/k/a “Papi”
26
Trenton
**Keith Hunter, a/k/a “Meech”
24
Trenton
Jose Joaquin Torres-Mezquita, a/k/a “Alex Torres,” a/k/a “Papi,” a/k/a “Pa,” a/k/a “Pop”
30
Philadelphia
Bernadino Guervil, a/k/a “BG”
28
Trenton
**Elijah Abdullah, a/k/a “Uncle E,” a/k/a “E”
21
Trenton
Prince Sarnoe
29
Trenton
*Thomas Rogers, a/k/a “Herb,” a/k/a “T-Rod’
22
Trenton
*Christopher Proctor, a/k/a “Bris,” a/k/a “Bris Broctor”
22
Trenton
Ileana Sanchez, a/k/a “Lilly”
32
Trenton
India Daniels
23
Morrisville, Pennsylvania
* currently incarcerated
** still at large
Ten Defendants Arrested in Jamaica; Anti-Lottery Scam Operation ‘Hard Copy’ Continues to Yield Results at Home and AbroadRead the Press Release
BISMARCK - United States Attorney Chris Myers announced that another man accused of participating in a transnational organized crime advance fee "lottery scam" fraud, which bilked at least 80 mostly elderly U.S. residents out of millions of dollars, has been arrested in Jamaica.
Federal fugitive Tristan Fisher was arrested on December 2, 2016, in Trelawney Parish, Jamaica. Fisher, a Jamaican national, is one of 15 defendants charged federally in an international wire/mail fraud and money laundering conspiracy investigation, dubbed "Operation Hard Copy." Ongoing international investigation has resulted in several federal indictments throughout the United States, and more than 32 charged or convicted defendants. The Operation Hard Copy investigation began in 2012 and is based in the District of North Dakota.
Fisher’s arrest follows on the heels of nine others who have been arrested in Jamaica: Dario Palmer, Jason Jahalal, O’Neil Brown, Kazrae Gray, Alrick McLeod, Dahlia Hunter, and Kimberly Hudson, all of whom were arrested on March 30, 2016; Xanu-Ann Morgan was arrested on March 31, 2016; and Lavrick Willocks was arrested on November 5, 2016. Willocks, age 27, was taken into custody after being located hiding in a garden at a hotel in Kingston, Jamaica. Arrests of Fisher and Willocks are the result of months of continuing investigation by U.S. and Jamaican authorities, including the United States Marshal’s Service working in partnership with the Jamaica Counter-Terrorism and Organised Crime Fugitive Apprehension Team.
Fisher, Willocks, and others in custody in Jamaica face numerous charges in U.S. federal court, including Conspiracy, Wire Fraud, and Money Laundering. "Fisher is one of 10 defendants who are in custody in Jamaica and are awaiting extradition proceedings following 14 extradition warrants which were issued in Jamaica on February 29, 2016," said Clare Hochhalter, the federal prosecutor who leads the prosecution team in North Dakota.
"We’re grateful for the continuing efforts of the United States Marshals Service, the High Plains Fugitive Task Force, the Jamaican Fugitive Apprehension Team, the Jamaican Operations Linked to Telemarketing Fraud Task Force, as well as all of our other U.S and Jamaican law enforcement partners," added U.S. Attorney Myers. "We look forward to bringing these 10 defendants, and others, to justice in the United States."
United States Marshal Paul Ward echoed Myers’ sentiment, "The United States Marshals Service is proud to work with the United States Attorney’s Office here in North Dakota and elsewhere. Finding federal fugitives and bringing them to justice is a big part of what we do. We’ll continue to do it, no matter how long it takes and no matter where fugitives may be found."
The process to extradite Willocks, Fisher, and the others began three years ago after the investigation identified hundreds of victims, many of them elderly or otherwise vulnerable, throughout the United States. One of Willocks’ former co-defendants, Sanjay Williams, was convicted after trial in North Dakota in 2015. Sanjay Ashani Williams, age 26, was the first Jamaican national tried and convicted in the United States for selling lead lists for use in international cyber-fraud.
Evidence presented at the trial of Williams demonstrated that victims of the scam were targeted by the use of lead lists, which are the names, telephone numbers, and personal information of potential victims. The lists are often assembled in the United States and are sold to lottery scammers. Some lead lists are created by list wholesalers who send out bogus mass mailings purporting to be sweepstakes entries. Consumers, thinking the mailings are legitimate, pay to enter the non-existent sweepstakes. The wholesalers in turn pocket the entry fee then sell the consumer contact information to scammers for as much as $5.50 per potential victim.
United States District Court Chief Judge Daniel Hovland sentenced Williams to 20 years in federal prison, without parole, on November 24, 2015. At the trial victims from South Dakota, Minnesota, Florida, Ohio, West Virginia, Utah, South Carolina, Alabama, and California testified. The United States Court of Appeals for the Eighth Circuit upheld Williams’ verdict and sentence on November 4, 2016.
The Operation Hard Copy investigation is being led by the FBI’s North Dakota office and the U.S. Postal Inspection Service in Florida, with assistance from many federal and state law enforcement agencies, as well as Jamaican law enforcement.
Williams, Willocks, Fisher, and others have been prosecuted by Assistant U.S. Attorneys Clare Hochhalter, Nick Chase, and James Patrick Thomas, along with Trial Attorney Lorinda Laryea of the Department of Justice’s Criminal Division.
An indictment is merely an accusation and individuals charged are presumed innocent until proven guilty.
Southland Sex Offender Who Traveled to Cambodia to Sexually Abuse Young Boys Sentenced to 22 Years in Federal PrisonRead the Press Release
LOS ANGELES – A Los Angeles-area man who traveled to Cambodia to engage in sexual activity with at least five boys has been sentenced to 264 months in federal prison after the court heard from four of the victims.
Erik Leonardus Peeters, 48, of Norwalk, was sentenced yesterday afternoon by United States District Judge Christina A. Snyder. In addition to the prison term of nearly 22 years, Judge Snyder ordered Peeters to pay $15,000 in restitution to his victims. Upon completion of his prison term, Peeters will also be subject to supervised release for the rest of his life.
Peeters pleaded guilty in March 2012 to two counts of engaging in illicit sexual contact with a minor in a foreign place. According to court documents filed in the case, Peeters traveled to Cambodia in April 2008 and within two months began seeking out youths for sex, targeting victims who were destitute and often disabled.
During yesterday’s sentencing hearing, four of Peeters’ victims, who are now young adults, described their feelings of fear and shame stemming from their encounters with Peeters, as well as the shame and social stigma their families also suffered. “I’m fearful, and I’m still ashamed,” one man said.
“The seriousness of this offense and the devastating impact the sexual assaults had on the victims cannot be overstated,” said United States Attorney Eileen M. Decker. “This defendant is a sexual predator who repeatedly victimized young boys, several of whom have physical disabilities, and all of whom come from deeply impoverished communities in the developing world. This lengthy sentence sends a message to all pedophiles in the United States that they cannot escape prosecution by traveling to other countries to engage in illegal and horrific sexual acts against children.”
Peeters was arrested by the Cambodian National Police (CNP) in February 2009 for violating Cambodian laws that prohibit sexual contact with children. Peeters was subsequently charged by federal prosecutors in Los Angeles with engaging in illicit sexual conduct with minors in a foreign country. Peeters was returned to Los Angeles from Cambodia in August 2009.
Years before he traveled to Cambodia, Peeters was convicted in Los Angeles County of lewd and lascivious conduct with boys under the age of 14.
The charges against Peeters resulted from an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Los Angeles and HSI Attaché Offices in Bangkok, Phnom Penh and Ho Chi Minh. The United States Embassy in Phnom Penh provided substantial assistance.
“This sentencing is a testament to the tenacity and tireless dedication of every law enforcement agency involved in this case, and further strengthens HSI’s resolve to investigate pedophiles who harm innocent children,” said Joseph Macias, special agent in charge of HSI Los Angeles. “Americans tempted to commit sex crimes overseas should understand that tough U.S. laws will ensure they pay a high price for their criminal actions. We owe it to the young victims, many of whom will bear the emotional scars for the rest of their lives.”
The case against Peeters was prosecuted by Assistant United States Attorney Lana Morton Owens of the Violent and Organized Crime Section and Special Litigation Counsel Patricia Donahue.
Peeters is the third and final defendant sentenced as part of Operation Twisted Traveler, a joint initiative by HSI and the Department of Justice to identify and prosecute American men who traveled to Cambodia and engaged in sexual conduct with children there. The defendants were charged under the PROTECT Act, which took effect in 2003 and substantially strengthened the federal laws related to predatory crimes involving children outside the U.S. by adding new crimes and increasing prison sentences.
The other two defendants prosecuted as part of Operation Twisted Traveler, Ronald Gerard Boyajian and Jack Louis Sporich, who received prison sentences of 70 years and 10 years, respectively.
South African Man Pleads Guilty to Sexually Exploiting a Minor and Transporting Child PornographyRead the Press Release
Contact: Craig M. Wolff
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Denver Carolissen, 42, of Kuilsrivier, South Africa, pled guilty today in U.S. District Court to sexually exploiting a minor and transporting child pornography. He was indicted on November 4, 2014.
According to court records, in 2010, Carolissen, who was in South Africa, took several sexually explicit photographs of a minor girl. In September 2014, Carolissen sent the photographs and other child pornography images to undercover federal agents in Maine investigating the online exchange of child pornography. After he was indicted, the U.S. Department of Justice asked South African authorities to arrest him and extradite him to the United States. On November 25, 2014, South African law enforcement officers arrested the defendant at his residence. Following his arrest, he admitted that he had engaged in sexual activity with the minor girl, taken photos and video footage of the activity and sent images to other individuals using the internet.
He faces between 15 and 30 years in prison for sexually exploiting a minor and between five and 20 years in prison for transporting child pornography. He also faces a fine of up to $250,000 and up to life on supervised release for each offense. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Family Violence, Child Protection and Sexual Offenses Unit of the South African Police Service.
Smithfield Man Sentenced for Drug Trafficking and Possession of a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
NEW BERN – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court today, United States District Judge Louise W. Flanagan sentenced KENNETH EUGENE MCCOY, 44, of a Smithfield to 183 months of imprisonment followed by 5 years of supervised release.
MCCOY pled guilty on August 18, 2016 to Possession with the Intent to Distribute 28 Grams or More of Cocaine Base (Crack) and
a Quantity of Marijuana and to Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
An investigation was initiated by the Smithfield Police Department following the receipt of information about the drug trafficking activities of MCCOY from a residence in Smithfield. Officers learned that MCCOY had been selling unspecified amounts of cocaine base from the residence. Officers were able to make a purchase of an unspecified amount of cocaine base prior to obtaining a search warrant for MCCOY’s residence.
On October 16, 2015, MCCOY’s house was searched and officers found over 28 grams of cocaine base, a quantity of marijuana, and a stolen, Hi Point handgun, a RG .22 caliber handgun with ammunition, other assorted drug paraphernalia, and $428.88 in U.S. currency was found in the bedroom. The front and rear entrances to the residence were reinforced with devices to make unwanted entry difficult.
The criminal investigation of this case was conducted by the Smithfield Police Department, the Johnston County Sheriff’s Office, and the North Carolina State Crime Laboratory. Assistant United States Attorney S. Katherine Burnette is handling the case on behalf of the government.
Serial Armed Robber Sentenced to 25 Years in Federal PrisonRead the Press Release
DALLAS — A Dallas man, Kevin Howard, who admitted that he and his accomplice, Jerry Ware, committed the armed robberies of five 7-Eleven/RaceTrac stores in Dallas in October 2014, was sentenced yesterday by U.S. District Judge Ed Kinkeade to serve 300 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Howard, 24, pleaded guilty in April 2016 to one count of using, carrying, brandishing and discharging a firearm during or in relation to a crime of violence. Co-defendant Ware, 28, also of Dallas, pleaded guilty in July 2015 to two counts of the same offense.
According to documents filed in the case, the two committed five armed robberies in Dallas on October 24, 2014, and into the early morning hours of October 25, 2014, at the following locations:
October 24, 2014, 11:51 p.m. 7-Eleven store 2223 S. Beckley
October 25, 2014, 12:10 a.m. RaceTrac store 8124 Forest Lane
October 25, 2014, 12:35 a.m. 7-Eleven store 9320 Skillman
October 25, 2014, 12:50 a.m. 7-Eleven store 10340 Forest Lane
October 25, 2014, 1:20 a.m. 7-Eleven store 14801 Coit Road
All of these five robberies were committed in essentially the same manner, including Ware’s use and brandishing of the silver loaded firearm to threaten and force the store clerks to comply with his demands, while Howard stayed in the car as the getaway driver.
Howard also admitted that after this robbery spree, on October 28, 2014, he, on his own, committed the armed robbery of a 7-Eleven store at 10340 Forest Lane – the same store he and Ware robbed on October 25, 2014. Howard entered the store, brandished a loaded firearm, and demanded the cash-register money from the clerk. Minutes after the robbery, officers with the Dallas Police Department identified and arrested him. Inside the car, pursuant to a search warrant, law enforcement found the clothing Howard used in the robbery and the firearm, a loaded, chrome-colored Jimenez Arms, Model JA Nine, 9mm pistol.
The case was investigated by the Federal Bureau of Investigation and the Dallas Police Department. Criminal Chief Assistant U.S. Attorney Lisa J. Dunn prosecuted the case.
# # #
Sentencings for December 1 - December 8, 2016Read the Press Release
Douglass Gurney Wood, Jr., 53, of Fort Collins, Colorado, was sentenced by Federal District Court Judge Alan B. Johnson on December 8, 2016, for conspiracy to distribute methamphetamine and for being a felon in possession of a firearm. Wood was arrested in Cheyenne, Wyoming. He received 180 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $200.00 special assessment and $2,000.00 in restitution. This case was investigated by the Cheyenne Police Department.
Eric Neal Jones, 52, was sentenced by Federal District Court Judge Alan B. Johnson on December 7, 2016, for conspiracy to distribute methamphetamine. Jones was arrested in Cheyenne, Wyoming. He received 57 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Cheyenne Police Department.
Kyle Stephen Spaulding, 30, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on December 1, 2016, for possession of child pornography. Spaulding was arrested in Casper, Wyoming. He received 36 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $100.00 special assessment and a $200.00 fine. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
Salem Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
ROANOKE, VIRGINIA – United States Attorney John P. Fishwick Jr. announced today that a local man has pled guilty to a federal drug conspiracy charge in the United States District Court for the Western District of Virginia in Roanoke.
Marvis Maurice Johnson, 31, of Salem, Va., pled guilty yesterday in U.S. District Court to one count of conspiracy to distribute more than 280 grams of cocaine and one count of illegally possessing a firearm by a previously convicted felon.
“The first step in making our communities safer is getting illegally drugs and guns off the streets,” United States Attorney Fishwick said today. “We will continue to be vigilant in enforcing our drug laws while also providing support and treatment for those who need it.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Roanoke County Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Rocklin Man Pleads Guilty to Fraud and Money Laundering ChargesRead the Press Release
SACRAMENTO, Calif. — Kevin Lee Co, 45, of Rocklin, pleaded guilty today to wire fraud and money laundering for embezzling approximately $4.8 million from his employer, United States Attorney Phillip A. Talbert announced.
According to court documents, Co was employed by Holt of California, where he served as the controller and managed the company’s accounting department. During his tenure at Holt, from May 2008 until March 2015, Co embezzled approximately $4.8 million from the company. Co used the money he embezzled to purchase, among other things, luxury cars, home furniture, and NFL football and NBA basketball season tickets. In addition, Co spent approximately $1 million on player fees for an online video game. Co also engaged in a money laundering scheme involving a portion of the embezzled funds, which was designed to conceal the origin of the money he embezzled.
This case is the product of an investigation by the IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorneys Brian A. Fogerty and Kevin C. Khasigian are prosecuting the case.
Co is scheduled to be sentenced by United States District Judge Troy L. Nunley on May 26, 2017. Co faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for the wire fraud charge. For the money laundering charge, Co also faces a maximum statutory penalty of 20 years in prison and a fine of up to $500,000, or twice the value of the property involved in the money laundering transactions. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Rochester Man Pleads Guilty to Threatening to Kill a Federal ProsecutorRead the Press Release
SYRACUSE, NEW YORK – Tony Ivey, 53, of Rochester, New York, pled guilty in United States District Court for the Western District of New York to threatening to kill a Rochester based Assistant United States Attorney. The announcement was made by United States Attorney for the Northern District of New York Richard S. Hartunian, whose office prosecuted the case.
On June 14, 2016, Ivey twice called the United States Attorney’s Office for the Western District of New York in Rochester, New York and threatened to kill an Assistant United States Attorney with an assault rifle. The threats were made when Mr. Ivey was advised by the Assistant United States Attorney he could not directly assist him with a complaint and referred Ivey to another agency to address the problem.
Ivey faces up to 10 years in prison, a fine of up to $250,000, a term of post-imprisonment supervised release of up to 3 years, and a special assessment of $100, when he is sentenced on March 7, 2017, in Rochester by Chief United States District Judge Frank, P. Geraci, Jr. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Marshals Service for the Western District of New York and is being prosecuted by Assistant U.S. Attorney Geoffrey Brown of the United States Attorney’s Office for the Northern District of New York.
Prison Laundry Employee Sentenced to Prison for Role in Drug Distribution SchemeRead the Press Release
MISSOULA—Erin Marie Bernhardt, 47, of Deer Lodge Montana, was sentenced to 14 months’ imprisonment, three years’ supervised release, and a $200 special assessment by Chief United States District Court Judge Dana L. Christensen on Thursday, December 8, 2016 for conspiring to distribute controlled substances—methamphetamine and Suboxone—into the Montana State Prison and accepting bribes for her role in the scheme. The charges were part of a scheme where Bernhardt, an employee in the prison laundry, smuggled the controlled substances into inmates at the prison in exchange for bribes. The crimes occurred between April and August 2015.
The court previously sentenced another member of the conspiracy, Cordero Robert Metzker, to three years’ imprisonment for his role in the scheme. Three other defendants—Rachel Ross, Lauren Hoskins, and Ian Barclay—have pleaded guilty to drug trafficking or bribery charges and will be sentenced in the near future.
The charges against Bernhardt are the result of an investigation by the Federal Bureau of Investigation, the United States Postal Inspector, the Montana Department of Corrections-Division of Investigations, Montana State Prison Warden Leroy Kirkegard and his staff, and the Montana Division of Criminal Investigations. Criminal Chief Assistant United States Attorney Joseph Thaggard and Assistant United States Attorney Jeffrey Starnes prosecuted the case.
United States Attorney Michael Cotter stated, “This is an important case aimed at an ongoing effort to root out public corruption and exclude unlawful controlled substances from the Montana State Prison. The sentence issued by the court sends a powerful message that those who introduce drugs into the prison will be investigated, prosecuted, and imprisoned.” Cotter also praised the cooperation of the various agencies that worked in unison to conduct the investigation and prosecution.
Previously Convicted Felon Pleads Guilty to Possession of FirearmRead the Press Release
DAYTON, Ohio – Donald May, 32, of Springfield, Ohio pleaded guilty in U.S. District Court to one count of unlawful possession of a firearm by a previously convicted felon.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Springfield Police Chief Stephen P. Moody announced the plea entered into before U.S. District Judge Thomas M. Rose.
According to the Statement of Facts filed with the plea agreement, which May agreed were true and accurate, he was found by Springfield police officers in the driver’s seat of a vehicle that had been reported stolen in August 2016. When ordered to exit the vehicle, May fled by foot to a nearby yard but was eventually caught and arrested. Officers discovered he had a firearm in the vehicle.
May had previously been convicted of several felonies, including aggravated burglary and burglary, both in Clark County.
As part of the plea agreement, the parties agreed to recommend a sentence of 72 months in prison to the district court for the judge’s approval.
U.S. Attorney Glassman commended the investigation of this case by the Springfield Police Department and ATF, and Assistant United States Attorney Alex R. Sistla who is representing the United States in this case.
Pharmaceutical Executives Charged in Racketeering SchemeRead the Press Release
BOSTON – Several pharmaceutical executives and managers, formerly employed by Insys Therapeutics, Inc., were arrested today on charges that they led a nationwide conspiracy to bribe medical practitioners to unnecessarily prescribe a fentanyl-based pain medication and defraud healthcare insurers.
The indictment alleges that Michael L. Babich, 40, of Scottsdale, Ariz., the former CEO and President of the company; Alec Burlakoff, 42, of Charlotte, N.C., former Vice President of Sales; Richard M. Simon, 46, of Seal Beach, Calif., former National Director of Sales; former Regional Sales Directors, Sunrise Lee, 36, of Bryant City, Mich. and Joseph A. Rowan, 43, of Panama City, Fla.; and former Vice President of Managed Markets, Michael J. Gurry, 53, of Scottsdale, Ariz., conspired to bribe practitioners in various states, many of whom operated pain clinics, in order to get them to prescribe a fentanyl-based pain medication. The medication, called “Subsys,” is a powerful narcotic intended to treat cancer patients suffering intense episodes of breakthrough pain. In exchange for bribes and kickbacks, the practitioners wrote large numbers of prescriptions for the patients, most of whom were not diagnosed with cancer.
The indictment also alleges that the now former corporate executives charged in the case conspired to mislead and defraud health insurance providers who were reluctant to approve payment for the drug when it was prescribed for non-cancer patients. They achieved this goal by setting up the “reimbursement unit” which was dedicated to obtaining prior authorization directly from insurers and pharmacy benefit managers.
“Patient safety is paramount and prescriptions for these highly addictive drugs, especially Fentanyl, which is among the most potent and addictive opioids, should be prescribed without the influence of corporate money,” said United States Attorney Carmen M. Ortiz. “I hope that today’s charges send a clear message that we will continue to attack the opioid epidemic from all angles, whether it is corporate greed or street level dealing.”
“As alleged, top executives of Insys Therapeutics, Inc. paid kickbacks and committed fraud to sell a highly potent and addictive opioid that can lead to abuse and life threatening respiratory depression,” said Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “In doing so, they contributed to the growing opioid epidemic and placed profit before patient safety. These indictments reflect the steadfast commitment of the FBI and our law enforcement partners to confront the opioid epidemic impacting our communities, while bringing to justice those who seek to profit from fraud or other criminal acts.”
“We take allegations of paying kickbacks to physicians in exchange for prescribing medically unnecessary painkillers extremely seriously,” said Special Agent in Charge Phillip Coyne of the U.S. Department of Health and Human Services, Office of the Inspector General. “Working closely with our law enforcement partners, we will continue to protect the health of Medicare beneficiaries and the integrity of the nation’s healthcare system.”
The defendants were arrested this morning in their respective states and will appear in U.S. District Court in Boston at a later date. Babich is charged with conspiracy to commit racketeering, conspiracy to commit wire and mail fraud and conspiracy to violate the Anti-Kickback Law; Burlakoff, Simon, Lee and Rowan are charged with RICO conspiracy, mail fraud conspiracy and conspiracy to violate the Anti-Kickback Law; Gurry is charged with RICO conspiracy and wire fraud conspiracy.
The indictment also alleges that the conspiracy to bribe practitioners and to defraud insurers generated substantial profits for the defendants, their company, and for the co-conspirator practitioners.
“Causing the unnecessary use of opioids by current and retired U.S. military service members shows disregard for their health and disrespect for their service to our country,” said Special Agent in Charge Craig Rupert of the Defense Criminal Investigative Service (DCIS), Northeast Field Office. “DCIS will continue to partner with the DOJ and our fellow law enforcement agencies to address conduct such as this and protect America's Warfighters.”
“EBSA is very pleased to had the opportunity work collaboratively with our law enforcement partners in this important investigation,” said Susan A. Hensley, Regional Director of the U.S. Department of Labor, Employee Benefits Security Administration, Boston Regional Office.
“I commend the exceptional work performed by our criminal investigators and their law enforcement partners,” said Scott Rezendes, Special Agent in Charge of the U.S. Office of Personnel Management, Office of Inspector General, Office of Investigations. “It is utterly unacceptable to risk the safety and well-being of patients in order to increase profits. This office will continue to vigorously pursue any and all cases that may jeopardize the health of Federal employees, annuitants, and their families.”
“U.S. Postal Inspection Service is committed to protecting the nation’s mail system from criminal misuse,” said Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service. “This investigation is an excellent example of a partnership between government agencies working together to dismantle prescription drug practices that directly contribute to the ongoing opioid abuse epidemic.”
“The United States Postal Service, Office of Inspector General will continue to vigorously investigate companies that engage in improper relationships with medical providers for the purpose of increasing market share as alleged in this case,” said Eileen Neff, Special Agent in Charge of the U.S. Postal Service Office of Inspector General. “We thank our law enforcement partners for their help in preventing this type of fraud against the healthcare programs of the American public and the Postal Service.”
“Misrepresenting a patient's diagnoses and using kickbacks to prescribing doctors to inflate drug sales is fraudulent activity,” said Donna L. Neves, Special Agent in Charge of the U.S. Department of Veterans Affairs, Office of Inspector General, Northeast Field Office. “Targeting veterans’ dependents using CHAMPVA with these type techniques is unacceptable. We are pleased to have contributed to this outstanding multi-agency criminal investigation and will continue to pursue allegations of health care fraud that put our veterans and their families at risk.”
On the charges of conspiracy to commit RICO and conspiracy to commit mail and wire fraud, the charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000, or twice the amount of pecuniary gain or loss. On the counts of conspiracy to violate the Anti-Kickback Law, the charging statute provides a sentence of up to five years in prison, three years of supervised release and a $25,000 fine. 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.
The investigation was conducted by a team that included the FBI; HHS-OIG; FDA Office of Criminal Investigations; the Defense Criminal Investigative Service; the Drug Enforcement Administration; the Department of Labor, Employee Benefits Security Administration; the Office of Personnel Management; the U.S. Postal Inspection Service; the U.S. Postal Service Office of Inspector General; and the Department of Veterans Affairs. The U.S. Attorney would like to acknowledge the outstanding cooperation and assistance of the U.S. Attorney’s Offices around the country engaged in parallel investigations, including the District of Connecticut; the Eastern District of Michigan; the Southern District of New York; and the Southern District of Alabama. The efforts of the Central District of California and the Civil Fraud Section of the Department of Justice are also greatly appreciated.
Assistant U.S. Attorneys K. Nathaniel Yeager, Chief of Ortiz’s Health Care Fraud Unit, and Susan M. Poswistilo, of Ortiz’ Civil Division, are prosecuting the case.
The details contained in the indictment are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Oklahoma City Man Sentenced to 272 Months, $37,000 Restitution for Drug Distribution, Robbery Involving Controlled Substances, and CarjackingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JEREMY DWAYNE LAVORCHEK, age 28, of Oklahoma City, Oklahoma, was sentenced to 272 months imprisonment and ordered to pay $37,958.33 in restitution for POSSESSION WITH INTENT TO DISTRIBUTE SCHEDULE II CONTROLLED SUBSTANCES, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); ROBBERY INVOLVING CONTROLLED SUBSTANCES, in violation of Title 18, United States Code, Section 2118(a); and CARJACKING, in violation of Title 18, United States Code, Section 2119(1).
The Indictment alleged that On or about December 9, 2015, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute the Schedule II Controlled Substances of: OxyContin, Oxycodone, Hydrocodone, Morphine, and Fentanyl.
The Indictment further alleged that on or about December 9, 2015, within the Eastern District of Oklahoma, the defendant, by force and violence and by intimidation, did take from the person or presence of another a material or compound containing any quantity of a controlled substance with a replacement cost of not less than $500 belonging to or in the care, custody, control and possession of a person registered with the Drug Enforcement Administration under Section 302 of the Controlled Substances Act by robbing Ernie’s Pharmacy, located in Muskogee, Oklahoma.
The Indictment further alleged that on or about December 9, 2015, within the Eastern District of Oklahoma, the defendant, took a motor vehicle that had been transported, shipped, and received in interstate and foreign commerce, by force, violence, and intimidation, with the intent to cause death or serious bodily harm.
The charges arose from an investigation by the Muskogee Police Department.
The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.
First Assistant United States Attorney Doug Horn represented the United States.
Niagara Falls Woman Pleads Guilty to Fraud ChargeRead 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 LaTanya McCain, 21, of Niagara Falls, NY, pleaded guilty to conspiracy to defraud the Government, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Trini E. Ross, who is handling the case, stated that McCain filed false tax returns with the Internal Revenue Service (IRS) for the years 2014 and 2015 using false and fraudulent W-2 forms. The forms stated that the defendant worked for employers for whom she never worked and falsely indicated that McCain had earnings and withholdings. Furthermore, in 2015, the defendant provided others with false W-2 forms which they, in turn, used to file false tax returns with the IRS. As a result, the IRS was defrauded out of $32,187.00
The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of Thomas E. Bishop, Acting Special Agent in Charge, New York Field Office.
Sentencing is scheduled for May 11, 2017, at 10:00 a.m. before Judge Geraci.
Muskogee Man Sentenced to 60 Months Probation, $39,000 Restitution for Theft of Government FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that ENRIQUE GONZALEZ, a/k/a Henry Gonzalez, age 44, of Muskogee, Oklahoma, was sentenced to 5 years probation, to be supervised by the United States Probation Office, and ordered to pay restitution to the Department of Veterans Affairs in the amount of $39,606.76 for THEFT OF GOVERNMENT FUNDS, in violation of Title 18, United States Code, Section 641.
The Indictment alleged that on or about August 13, 2015, and continuing until on or about November 21, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly and willfully embezzle, steal, and purloin money of the Department of Veterans Affairs, a department or agency of the United States, namely, Department of Veterans Affairs Educational Benefits payments to which he knew he was not entitled, having a value in excess of $1,000.00.
The charge arose from an investigation by the Department of Veteran Affairs’ Office of Inspector General.
The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing.
First Assistant United States Attorney Doug Horn represented the United States.
Multiple Arrests Follow from Indictment of 37 on Drug ChargesRead the Press Release
HONOLULU -- The Federal Bureau of Investigation, Homeland Security Investigations, and the Honolulu Police Department today arrested 22 defendants named in six indictments returned by a federal grand jury on November 30, 2016, and December 7, 2016, which remained sealed until today’s arrests. The six indictments charge 37 defendants with a variety of drug trafficking offenses and three of those defendants are charged with firearm offenses. Defendants arrested in Hawaii today will have an initial appearance and arraignment before U.S. Magistrate Judge Richard L. Puglisi either today or on December 9.
Florence T. Nakakuni, United States Attorney for the District of Hawaii, said that the indictment alleges 105 drug trafficking offenses ranging from July 2014 to November 2016, as well as five firearm offenses. Arrested today in Hawaii were:
Eliu Afoa, age 29, a resident of Honolulu, Hawaii;
Laauli Amani, age 43, a resident of Honolulu, Hawaii;
Gilbert Enos, age 65, a resident of Honolulu, Hawaii;
Aukisitino Falaniko, age 38, a resident of Honolulu, Hawaii;
Daryl Kuresa, age 36, a resident of Aiea, Hawaii;
Duane Liupaono, age 35, a resident of Aiea, Hawaii;
Lee Lopez, age 44, a resident of Kaneohe, Hawaii;
Dorani Luavai, age 22, a resident of Honolulu, Hawaii;
Dorothy Lupe, age 38, a resident of Mililani, Hawaii;
Robert Paga, age 41, a resident of Honolulu, Hawaii.
Faaalo Salavea, age 42, a resident of Ewa Beach, Hawaii;
Piliopo Salavea, age 45, a resident of Ewa Beach, Hawaii;
Eldean Tacuban, age 46, a resident of Kaneohe, Hawaii;
Kilisi Toliniu, age 35, a resident of Honolulu, Hawaii;
Papa Tupua, age 58, a resident of Honolulu, Hawaii;
Alesana Vaimasanuu, age 38, a resident of Honolulu, Hawaii;
Roger Whitmarsh, age 39, a resident of Honolulu, Hawaii; and
Rodney Wong, age 49, a resident of Honolulu, Hawaii.
Arrested today in California were:
Kpel Hollins, age 34, a resident of Waipahu, Hawaii;
Jeremiah Ieremia, age 26, a resident of San Francisco, California;
Jeremiah Matau, age 34, a resident of Antioch, California; and
Faanimo Paopao, age 25, a resident of San Francisco, California.
The following individuals were previously arrested in connection with the overarching investigation in this case and are currently in federal custody:
James Abalos, age 38, a resident of Honolulu;
Jessie Momosea, age 31, a resident of Honolulu;
Theresa Tuua-Montgomery, age 45, a resident of Honolulu;
Victor Daniels, age 48, a resident of Honolulu; and
Villiami Tapuketau Naufahu, age 26, a resident of San Mateo, California.
The following individuals were charged but are currently in State of Hawaii custody:
Lelauti Sakaria, age 35, a resident of Honolulu, Hawaii; and
June Gibson, age 43, a resident of Honolulu, Hawaii
If convicted of the most serious drug charges in the indictment (violations of 21 USC 841(b)(1)(A)), defendants face up to a maximum of life in prison, with mandatory minimum prison terms of ten years. Other charges (violations of 21 USC 841(b)(1)(B)) have maximum terms of 40 years in prison, with mandatory minimum prison terms of five years, while the least serious drug offenses (violations of 21 USC 841(b)(1)(C)) have maximum prison terms of 20 years. The three firearm offenses alleging possession of firearms and/or ammunition during and in relation to a drug trafficking crime carry a mandatory five-year prison term consecutive to the sentence for the drug trafficking crime. The two firearm offenses alleging the defendant to be a felon in possession of firearms and/or ammunition carry a maximum term of imprisonment of ten years. The charges in the indictment are merely accusations, and the defendants are presumed innocent until proven guilty.
The arrest and charges resulted from a joint investigation conducted by the Federal Bureau of Investigation, Homeland Security Investigations, and the Honolulu Police Department. The case is being prosecuted by Assistant U.S. Attorneys Tony R. Roberts and Marion Percell.
Middlesex County, New Jersey, Man Sentenced to 63 Months in Prison for Trying to Import More Than 500 Grams of HeroinRead the Press Release
NEWARK, N.J. – A Sayreville, New Jersey, man was sentenced today to 63 months in prison for his role in a conspiracy to import heroin from India into the United States, U.S. Attorney Paul J. Fishman announced.
Adolphus Nwokedi, 48, was previously convicted on an indictment charging him with one count of conspiring with others to import 100 grams or more of heroin. He was convicted following a three-day trial before U.S. District Judge Esther Salas, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:
From Oct. 2013 through Dec. 2013, Nwokedi conspired with an individual in India to ship a parcel containing heroin into the United States. In return for $3,000, Nwokedi agreed to accept the package at his business address in Newark and then deliver it to another conspirator living in Bronx, New York. On Dec. 11, 2013, customs officers at the John F. Kennedy International Airport mail facility intercepted the parcel and found 524 grams of heroin. On Jan. 2, 2014, agents with Homeland Security Investigations conducted a controlled delivery of the parcel. Nwokedi personally accepted the parcel in Newark and was subsequently arrested.
In addition to the prison term, Judge Salas sentenced Nwokedi to four years of supervised release.
U.S. Attorney Fishman credited special agents of Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Newark Division, under the direction of Special Agent in Charge Terence S. Opiola, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys David M. Eskew and Melissa Wangenheim of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Kevin F. Carlucci Esq., Assistant Federal Public Defender, Newark