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Monday 28 November 2016
Bala Cynwyd Man Charged with Damaging Protected ComputersRead the Press Release
Adam Flanagan, of Bala Cynwyd was charged on November 22, 2016, by Indictment[1] with twelve counts of damaging protected computers announced United States Attorney Zane David Memeger.
If convicted the defendant faces a maximum possible sentence of 90 years’ imprisonment, up to 3 years of supervised release after release from prison, a $3,000,000 dollar fine, and a $1200 special assessment.
Flanagan is charged with accessing computers that remotely read water meters installed by his previous employer and changing passwords and radio transmission frequencies, rendering the computers inoperable.
The case was investigated by Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michael L. Levy.
[1]An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Armed heroin dealer sentenced to life imprisonment without paroleRead the Press Release
Indianapolis - United States Attorney Josh J. Minkler, announced today the sentencing of an Indianapolis man after his conviction for armed heroin dealing and money laundering. Daniel L. Stewart, 33, was sentenced to life imprisonment without the possibility of parole by U.S. District Judge William T. Lawrence.
“Much of the violence in Indianapolis is the result of armed drug dealing,” said Minkler. “Mr. Stewart will spend the rest of his life in a federal prison. This shows how seriously federal law enforcement takes this problem.”
Indianapolis Metropolitan Police officers stopped Stewart for a traffic violation on the City’s Northside in January, 2015. As a result of that stop, officers recovered a loaded 9mm handgun as well as heroin, methamphetamine and cocaine. Officers obtained a search warrant for Stewart’s apartment near Eagle Creek and recovered a kilogram (over 2 pounds) of heroin, two kilograms of cocaine, over 900 grams of methamphetamine, five firearms and over $487,000 in cash. The money was bundled in $1,000 and $10,000 increments in various locations at the apartment.
Stewart was not legally permitted to carry a firearm because he has five prior felony convictions for drug crimes dating back to 2002.
“I applaud the efforts of the US Attorney’s Office and our detectives on the successful prosecution of Mr. Stewart,” said IMPD Chief Troy Riggs. “Arresting and prosecuting armed narcotics traffickers continues to be a priority to the Indianapolis Metropolitan Police Department. We will continue our efforts target violent offenders terrorizing our community.”
IRS Criminal Investigation Special Agent in Charge James Robnett said, “The life sentence of Mr. Stewart sends a loud message that we stand united with the rest of the law enforcement community in our resolve to financially disrupt crimes against our communities. IRS Criminal Investigation has the financial investigators and expertise critical to locating and following the money. The streets of Indianapolis and the communities we live in are a top priority!”
Assistant United States Attorneys Michelle P. Brady and Peter Blackett prosecuted this case for the government.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jerome Megaile Henry, 24, of Mobile, was sentenced in federal court this morning on drug and gun charges. In August of 2016, Henry pled guilty to one count of possession with intent to distribute marijuana and one count of using, carrying, and possessing a firearm in furtherance of and in relation to a drug trafficking felony.
United States District Court Judge William H. Steele imposed a sentence of one month on the drug count, and 60 months on the gun count, and ordered that they run consecutively. Judge Steele also ordered that Henry will commence a five-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Henry will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Henry pay $200 in special mandatory assessments and he ordered the forfeiture of the firearm used in the commission of the offenses.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Albuquerque Man Pleads Guilty to Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Jeffrey Burlingame, 59, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms and drug trafficking laws.
Burlingame was arrested in Feb. 2016, on a criminal complaint charging him with possession of methamphetamine with intent to distribute. The complaint alleged that Burlingame committed the crime on Feb. 24, 2016, in Bernalillo County, N.M. According to the complaint, on that day, law enforcement agents executed a search warrant at the Albuquerque residence of another person. The agents seized methamphetamine, cash, firearms, ammunition and drug paraphernalia from Burlingame, who was present at the time the search warrant was executed.
Burlingame was indicted on March 23, 2016, and charged with possession of methamphetamine with intent to distribute and carrying a firearm in relation to a drug trafficking crime on Feb. 24, 2016, in Bernalillo County.
During today’s proceedings, Burlingame pled guilty to carrying a firearm in relation to a drug trafficking crime and possession of methamphetamine with intent to distribute. In entering the guilty plea, Burlingame admitted that on Feb. 24, 2016, he was in possession of 450.55 grams of pure methamphetamine and a firearm and ammunition when law enforcement agents executed a search warrant at a residence in Albuquerque.
At sentencing, Burlingame faces a maximum penalty of 20 years in prison on the methamphetamine charge. He also faces a mandatory minimum penalty of five years and a maximum of life in prison on the firearms charge which must run consecutive to the sentence imposed on the methamphetamine charge. Burlingame remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Albuquerque Man Pleads Guilty to Federal Meth Trafficking ChargeRead the Press Release
ALBUQUERQUE – Willie Griffin, 44, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, Griffin will be sentenced to five years in prison followed by a term of supervised release to be determined by the court.
Griffin and his co-defendant Gonzalo Revet, 48, also of Albuquerque, were 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.
Griffin was arrested on an indictment charging him with distribution of methamphetamine on April 27, 2016 and May 2, 2016. The indictment was subsequently superseded on July 28, 2016, charging Griffin and Revet with conspiracy to distribute methamphetamine between April 2016 and July 2016, and distributing methamphetamine on April 27, 2016 and May 2, 2016.
During today’s change of plea hearing, Griffin entered a guilty plea to distributing methamphetamine, and admitted that on May 2, 2016, he distributed more than 50 grams of methamphetamine. Griffin remains in custody pending a sentencing hearing, which has yet to be scheduled.
Revet has entered a plea of not guilty to the superseding indictment. Revet is currently scheduled for trial in Dec. 2016.
To date, 12 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 Norman Cairns.
Albuquerque Man Charged with Using Explosive Device to Damage or Destroy Building Used in Interstate CommerceRead the Press Release
ALBUQUERQUE – David A. Hickman, 28, of Albuquerque, N.M., has been charged with using an explosive device to damage or destroy a building – the Old Navy store in the Pavilions at San Mateo shopping center in Albuquerque – used in interstate commerce. The charge against Hickman was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden E. Eden, Jr., of the Albuquerque Police Department (APD), and Chief David Downey of the Albuquerque Fire Department (AFD).
Hickman made his initial appearance in federal court this morning on a criminal complaint charging him with maliciously damaging or destroying, or attempting to damage or destroy, by means of fire or explosive, a building used in interstate commerce. Hickman remains temporarily detained pending a preliminary hearing and a detention hearing, both of which have yet to be scheduled.
According to the criminal complaint, APD officers arrested Hickman in the early hours of Nov. 26, 2016, and later transferred him into the custody of the FBI. Hickman was arrested shortly after an APD officer responded to the Pavilions at San Mateo shopping center after hearing “small explosions” coming from the area. The criminal complaint alleges that, when the officer arrived at the shopping center, he observed Hickman running into and out of the Old Navy store located in the shopping center, which was on fire.
If convicted on the charge in the criminal complaint, Hickman faces a statutory penalty of not less than five years and not more than 20 years in prison. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The investigation of this case, which is continuing, is being conducted by the Albuquerque Division of the FBI, the ATF office in Albuquerque, APD and AFD. Assistant U.S. Attorney Fred J. Federici is prosecuting the case.
Hickman ComplaintAkron man charged with sexually exploiting 14-year-oldRead the Press Release
An Akron man was indicted in federal court for sexually exploiting a 14-year-old, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.
Benny T. Hunt, 40, was charged with enticement, sexual exploitation of a child and distributing visual depictions of a minor engaged in sexually explicit conduct.
Hunt knowingly used a cellular phone with Internet connectivity to persuade, induce, entice, and coerce a 14-year-old girl, to engage in sexual activity for which Hunt could be charged with a criminal offense. This took place between June and August, according to the indictment.
Hunt used, persuaded, enticed and coerced a minor to engage in sexually explicit conduct, as defined in Title 18, United States Code, Section 2256(2), for the purpose of producing a visual depiction of such conduct, and such visual depiction was produced using materials that had been mailed, shipped and transported in and affecting interstate and foreign commerce, and such visual depiction was actually transported and transmitted, using any means and facility of interstate and foreign commerce, and in and affecting interstate and foreign commerce, according to the indictment
He also knowingly distributed, using any means and facility of interstate and foreign commerce, visual depictions of a 14-year-old girl engaged in sexually explicit conduct, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan. The case was investigated by the Youngstown office of the Federal Bureau of Investigation, the Ohio Attorney General’s Office Bureau of Criminal Investigation and the Girard Police Department.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Friday 25 November 2016
St. Francis Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Jason Poorman, age 40, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Aggravated Sexual Abuse of a Child is up to life in custody and/or a $250,000 fine, any term of years, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution also may be ordered.
The Indictment alleges that between March 19, 2004, and May 6, 2005, in Parmalee, South Dakota, Poorman did knowingly engage in a sexual act with a child who had not attained the age of 12 years.
The charges are merely an accusation and Poorman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Poorman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Interstate Domestic ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Interstate Domestic Violence was sentenced on November 21, 2016, by U.S. District Court Judge Karen E. Schreier.
Jerrid Lee Morris, age 26, was sentenced to 46 months in custody, followed by 3 years of supervised release, and a $100 federal special assessment.
Morris was indicted on the charge by a federal grand jury on September 1, 2015. He pled guilty on September 2, 2016.
On August 8, 2015, Morris told an adult female dating partner of his that they were traveling from Sioux Falls, South Dakota, to Omaha, Nebraska, for the purpose of having her dance as a stripper. However, he really intended to have her engage in prostitution. When she resisted, Morris placed a knife against her cheek and threatened to harm her.
This case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Morris was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 22, 2016, by U.S. District Judge Roberto A. Lange.
Blair Has Horns, age 35, was sentenced to time served of 4 months in custody, 2 years of supervised release with 4 months of home confinement, and a a $100 special assessment to the Federal Crime Victims Fund.
Has Horns was indicted by a federal grand jury on March 15, 2016. He pled guilty on August 30, 2016.
The conviction stemmed from an incident that occurred on January 5, 2016. Has Horns was incarcerated on unrelated tribal charges and was an inmate at the Adult Correctional Facility in Rosebud, South Dakota. Has Horns became belligerent with a correctional officer and spit on him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Has Horns was immediately released to home confinement.
Rosebud Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Laverne White Horse, age 27, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 17, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 13, 2016, in Todd County, South Dakota, White Horse assaulted a federal law enforcement officer.
The charge is merely an accusation and White Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
White Horse was released on bond pending trial, which is set for January 3, 2017.
Pine Ridge Man Charged with Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Discharge of a Firearm during the Commission of a Crime of Violence.
James Robert Dowty, age 27, was indicted on November 16, 2016. Dowty appeared before U.S. Magistrate Judge Daneta Wollmann on November 22, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Dowty killing a young female on July 20, 2016, at Pine Ridge by shooting her with a gun.
The charges are merely accusations and Dowty is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Dowty was remanded to the custody of the U.S. Marshals Service pending trial.
Member of South L.A. Street Gang Pleads Guilty in Federal Racketeering Case, Admitting Drug Dealing and Armed RobberiesRead the Press Release
LOS ANGELES – A longtime member of the Five Deuce Broadway Gangster Crips (BGC) street gang has pleaded guilty to federal charges and admitted to trafficking in narcotics and participating in a series of armed robberies that targeted bank customers and small businesses.
Akia Pete, also known as “Studda Box,” 35, of Gardena, pleaded guilty on Friday, November 18 to conspiring to violate the federal RICO statute and conspiring to traffic in narcotics.
Pete pleaded guilty before United States District Judge S. James Otero, who is scheduled to sentence the defendant on March 13.
Pete was an active participant in the BGC’s drug trafficking activities and worked to help the gang maintain its “territorial monopoly,” according to a plea agreement filed in federal court. Pete also participated in robbery crews that, “armed with firearms, tasers and zip ties, would follow victims home from banks and rob them of their cash,” in one case taking $10,000 in cash from a victim business owner.
Pete also admitted to being a member of the “Baby Gremlins,” a violent enforcement clique within the gang that would “encourage younger members of the BGC to engage in violence against rivals and insubordinate members.”
As a result of last week’s guilty plea, Pete faces a statutory maximum sentence of 60 years in federal prison. Pete will also be subject to a mandatory minimum penalty of five years for distributing crack cocaine. After completing his prison term, Pete has agreed to accept a provision of supervised release that will prohibit him from residing in the gang’s claimed South Los Angeles territory.
“Street gangs victimize innocent people, bringing drugs and violence into our communities,” said United States Attorney Eileen M. Decker. “It is a top priority of my office to pursue prosecutions that remove the leadership of such gangs from the streets and cripple their ability to operate, in order to make our communities safer.”
“The defendant and his co-conspirators targeted residents with intimidation and violence in an area they unlawfully claimed to control,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Field Office. “The FBI will continue to build cases aimed at dismantling criminal enterprises by working with local police to identify the street gangs plaguing Los Angeles communities with violent crime and narcotics trafficking.”
Pete was one of 72 people named in a 112-count indictment targeting the BGC that was unsealed in 2014. The gang, which was formed in the 1970s, allegedly has grown into a violent criminal enterprise that conducts regular meetings, espouses a strict set of rules, and exacts punishments, including death, against those who cooperate with law enforcement.
In addition to committing crimes in its claimed territory east of the Harbor Freeway, the indictment alleges that the Broadway Crips sell drugs near the Skid Row section of downtown Los Angeles. “This area is desirable to the gang because it is close to Skid Row, where there is a large and vulnerable customer base of drug addicts and mentally ill persons,” according to the indictment.
Seventy-one of the defendants named in the indictment have now appeared in federal court to face charges in the indictment (the final defendant is in state custody), which include conspiracy to violate the federal Racketeer Influenced and Corrupt Organizations Act (RICO), violent crimes in aid of racketeering, a series of robberies that targeted bank customers, weapons offenses and various drug trafficking charges.
With Pete’s guilty pleas last week, over 40 defendants have now been convicted in the case, including the three lead defendants in the RICO case – Tyrine Martinez, Tracy Harris and Roosevelt Sumpter – each of whom pleaded guilty this past summer to federal charges. Earlier this month, Sumpter was sentenced to 20 years in federal prison. Martinez and Harris are scheduled to be sentenced by Judge Otero on December 19, at which time both defendants will face potential life sentences and mandatory minimum prison terms of 15 and 10 years, respectively.
Three other top defendants in the case are scheduled to go on trial January 3. Other defendants are scheduled to go on trial on December 6 and April 5.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the BGC, which was called Operation “Gremlin Riderz,” was conducted by the FBI and the Los Angeles Police Department under the auspices of the FBI’s Task Force on Violent Crime in the City of Los Angeles, which is one of several dozen Safe Streets Task Forces around the nation.
This case is being prosecuted by Assistant United States Attorney Mack Jenkins of the Public Corruption and Civil Rights Section, and Assistant United States Attorneys Max B. Shiner and Wilson Park of the Violent and Organized Crime Section.
Man Serving Time in Prison Agrees to Pay Civil Penalties for Submitting False Claims After 2013 Storm “Atlas”Read the Press Release
United States Attorney Randolph Seiler announces that Karl Knutson, age 28, currently serving time in prison for making false claims to the U.S. Department of Agriculture Farm Service Agency Livestock Indemnity Program for cattle lost during the October 2013 winter storm Atlas, has agreed to settle the civil claims associated with his conduct. Knutson recently reached an agreement with the government wherein he will pay $15,000 in civil penalties for his violations of the False Claims Act.
The False Claims Act, (31 U.S.C. § 3729) imposes a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained, on persons who knowingly submit false claims to the government. Earlier this year, Knutson admitted to knowingly submitting false claims, claiming to have lost 129 head of cattle during the storm, knowing he had only lost no more than 13, and was sentenced (on the criminal charge) to 12 months of imprisonment, followed by 3 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and a fine of $7,380.04. The settlement agreement resolves the civil liability for his conduct.
The United States Attorney’s Office places a high priority on both criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. The investigation in this case was conducted by the U.S. Department of Agriculture, Office of Inspector General (OIG). Assistant United States Attorneys Benjamin Patterson and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Kyle Man Charged with Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Marlin Iron Crow, age 43, was indicted on November 16, 2016. Iron Crow appeared before U.S. Magistrate Judge Daneta Wollmann on November 22, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Iron Crow killing another man by assaulting him in the head on November 11, 2016, at Porcupine.
The charge is merely an accusation and Iron Crow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Iron Crow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kadoka Woman Pleads Not Guilty to FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kadoka, South Dakota, woman has been indicted by a federal grand jury for eight counts of Wire Fraud, Aggravated Identity Theft, and eight counts of Bank Fraud.
Tammy Twiss, a/k/a Tammy Eisenbraun, age 38, was indicted on November 16, 2016. Twiss appeared before U.S. Magistrate Judge Daneta Wollmann on November 18, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 30 years in custody and/or a $1,000,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers. Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account.
The charges are merely accusations and Twiss is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Service. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Twiss was released on bond pending trial. A trial date has been set for January 24, 2017.
Eagle Butte Man Indicted for Escape from CustodyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Escape from Custody.
Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may be ordered.
The Indictment alleges that on October 19, 2016, in the District of South Dakota, LeCompte knowingly escaped from the custody of the U.S. Marshals Service, in that he failed to return to the Hughes County Jail in Pierre, South Dakota following a funeral furlough, as ordered by the U.S. District Court.
The charge is merely an accusation and LeCompte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
LeCompte was remanded to the custody of the U.S. Marshals Service pending trial, the date of which has not been set.
Eagle Butte Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.
Jeremiah James Little Wounded, age 36, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 16, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and payment of $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 7, 18, and 22, 2016, at Eagle Butte, Little Wounded knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Little Wounded is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Little Wounded was released on bond pending trial, the date of which has not been set.
Eagle Butte Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.
Jordan Paul Cass, age 31, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 1, 23, and 24, 2016, at Eagle Butte, Cass knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Cass is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Cass was remanded to the custody of the U.S. Marshals Service pending trial, which has not been set.
Eagle Butte Man Indicted for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury on one count of Conspiracy to Distribute a Controlled Substance, two counts of Distribution of a Controlled Substance, and four counts of Possession of a Firearm by a Prohibited Person.
Charlie Warren Marshall, age 26, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 16, 2016, and pled not guilty to the Indictment.
The maximum penalties upon conviction of the charges is 40 years in prison and/or a $5,000,000 fine, a lifetime of supervised release, and a payment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2015, and November 8, 2016, in the District of South Dakota, Marshall conspired with others to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance, and actually distributed methamphetamine on two specific occasions. The Indictment further alleges that Marshall unlawfully received and possessed firearms when he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.
The charges are merely accusations and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial, the date for which has not been set.
Dupree Man Indicted for AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and four counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Miles Condon, age 25, was initially indicted on October 12, 2016, on a four count Indictment. On November 9, 2016, the indictment was superseded, to add another count of Assault with a Dangerous Weapon, and two more counts of Assaulting a Federal Officer. He appeared before U.S. Magistrate Judge Mark Moreno on November 16, 2016, and pled not guilty to the Superseding Indictment.
The maximum penalty upon conviction of the two non-officer related assault charges is up to 10 years in custody. The maximum penalty upon conviction of the four officer-related assault charges is up to 8 years in custody. In each instance, the maximum fine is up to a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
The original Indictment alleged that on August 3, 2016, in Dupree, Condon unlawfully assaulted the victim with a golf club, and that the victim sustained serious bodily injury as a result of the assault. The Indictment also alleges that on August 3, 2016, and again on September 7, 2016, in Dupree, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a federal law enforcement officer who was engaged in, and on account of, the performance of his official duties, and that said conduct involved physical contact with the federal officer.
The Superseding Indictment alleges additional offenses, including that on October 13, 2016, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with law enforcement officers who were assisting a federal officer in arresting the defendant on the original indictment, and that said conduct involved physical contact with the federal officers. The Superseding Indictment also alleges that the defendant kicked a federal corrections officer with shod feet after he arrived at the jail following his arrest.
The charges are merely accusations and Condon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Ziebach County Sheriff’s Office. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Condon was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 13, 2016.
BNI and URS to Pay $125 Million Resolving Alleged False Claims Regarding Deficient Nuclear Quality Procurements at the Waste Treatment Plant and Improper Payments to Lobby CongressRead the Press Release
Richland, WA – Today, the United States Attorney’s Office (USAO) for the Eastern District of Washington and the Department of Justice Civil Frauds Section (DOJ) announced a settlement agreement with federal contractor Bechtel National Inc., Bechtel Corp., (BNI) and AECOM, on behalf of URS Corp., and URS Energy & Construction Inc. (URS) (collectively “the defendants’). The settlement resolves allegations that BNI and URS, in the design and on-going construction of the U.S. Department of Energy’s (DOE) Waste Treatment & Immobilization Plant project (“WTP”) at the Hanford Site, falsely represented and charged DOE for deficient goods and services, which failed to be of the highest quality for nuclear facilities.
The settlement agreement, which requires BNI and URS to pay $125 million, also resolves allegations that BNI illegally used taxpayer dollars to pay for a multi-year Congressional lobbying campaign to acquire, among other things, more taxpayer dollars for BNI’s continued work on the WTP project.
The WTP is located at the DOE’s Hanford Site near Richland, Washington. Between 2001 and the present, the DOE has paid billions of dollars to the defendants to design and build the WTP, which is being built to treat hundreds of millions of gallons of dangerous radioactive waste currently stored at the Hanford Site. Key to the Plant’s ultimate ability to function is the requirement that certain
project components of the facility purchased by BNI and URS, and paid for by DOE, comply with the nuclear industry’s rigorous quality assurance standards and procedures. According to allegations accepted by the United States, for over 13 years -- from January 1, 2001, to June 30, 2013 -- BNI and URS knowingly submitted false claims for payment while failing to comply with the rigorous nuclear quality requirements for the DOE’s WTP project. It is further alleged that BNI’s and URS’ knowing false claims were not limited to just deficient parts, but also extended in some cases to testing used to resolve various technical issues in the proper design and/or construction of the WTP.
According to court documents, the case began in February of 2012, when whistleblowers (known as Relators) Gary Brunson, Dr. Donna Busche, and Dr. Walter Tamosaitis, filed a qui tam complaint under seal alleging, among other things, that BNI and URS had provided deficient goods and services to DOE on the WTP Contract. At that time the relators also alleged that BNI illegally used taxpayer dollars to lobby Congress.
When a relator(s) files a qui tam complaint, the False Claims Act requires the United States to investigate the allegations and thereafter elect to either intervene and take over the lawsuit or to decline to intervene and allow the relator(s) to go forward with the litigation on behalf of the United States. In this case, court documents show that on November 1, 2016, after more than a three and a half year investigation, the United States chose to “partially intervene” and adopt some of the Relators’ allegations, specifically, those allegations involving deficient nuclear quality procurements and illegal lobbying. Court records show that after the United States’ decision to partially intervene, the defendants, the Relators and the United States reached a negotiated settlement that provides for the global resolution of all of the Relators’ False Claims Act (FCA) allegations. In exchange for dismissal of the qui tam lawsuit, the defendants have agreed to pay $125 million to the United States, but denied any wrongdoing.
Michael C. Ormsby, United States Attorney for the Eastern District of Washington, said: “The allegations the United States chose to intervene in, including claims that BNI – URS recklessly purchased deficient materials and services with taxpayer money for more than a decade, are deeply concerning given the obvious importance of nuclear safety at the WTP. The WTP, once completed, is supposed to work safely to clean Hanford once and for all of millions of gallons of radioactive waste.” U.S. Attorney Ormsby also said: “With this settlement it is our hope that DOE will continue to move forward in its mission of environmental clean-up and restoration at Hanford, and will have greater confidence that its
contractors will not undermine those important efforts for their own short-term financial gain.”
The allegations resolved by the settlement agreement also include claims that BNI illegally used taxpayer dollars to improperly lobby Congress in direct violation of, among other things, the Byrd Amendment (1989), which prohibits federal contractors from using tax dollars to influence or attempt to influence federal officials in connection with their contract. BNI’s improper lobbying efforts allegedly included, but were not limited to, using taxpayer dollars to pay D.C. lobbyists to actively downplay to specific members of Congress the significance of concerns raised in 2009 by the Defense Nuclear Facilities Safety Board (“DNFSB”) relative to the design – construction of the WTP. Based on internal BNI emails referenced in the relators’ qui tam complaint, BNI’s alleged taxpayer funded lobbying of Congress also included an attempt to secure an additional $50 million in public funds in 2011 which was thought to be put in jeopardy by the DNFSB’s concerns. These alleged lobbying efforts - as well as others - were in direct violation of the Byrd Amendment (31 U.S.C. § 1352).
U.S. Attorney Ormsby said: “The use of federal taxpayer dollars to pay lobbyists in an attempt to elicit more taxpayer dollars is unacceptable.” USA Ormsby went on to say: “Illegal lobbying contravenes the established lawful process that is designed to provide independent federal oversight of contractors’ performances. As alleged, Defendants’ attempts to lessen the effectiveness of the Defense Nuclear Facility Safety Board (DNFSB), the only federal government agency with independent technical oversite on the WTPS project, and charged with identifying the nature and consequences of potential threats to public health and safety at Hanford, is shameful and must be blunted, penalized and deterred in the starkest manner possible.”
This case was investigated by the Department of Energy Office of Inspector General (DOE - OIG) and the Federal Bureau of Investigation. The United States was represented by the United States Attorney’s Office for the Eastern District of Washington and the Department of Justice Civil Frauds Section. The DOE and its Office of General Counsel also provided assistance. The relators were represented by the Lambert Firm.
The case is entitled: United States ex rel. Brunson, Busche, and Tamosaitis v. Bechtel National, In., Bechtel Corp., URS Corp., and URS Entergy & Construction, Inc., Case No. 2:13-CV-05013-EFS (E.D. Wash). A copy of the settlement agreement is attached.
Wednesday 23 November 2016
Winchester Man Admits Hacking into Website to Send Threats and Intimidate PeopleRead the Press Release
LEXINGTON, Ky. — A Winchester, Ky., man has admitted to conspiring to hack into a website dedicated to athletics at an Ohio high school, and using the site to defame the website owner and threaten and intimidate other people.
Today, in federal court, Deric Lostutter, 29, pleaded guilty to conspiring to illegally access a computer without authorization, and to lying to an FBI agent. Noah McHugh, Lostutter’s co-conspirator, previously pleaded guilty in September 2016 to accessing a computer without authorization.
Lostutter admitted that in December 2012, he and McHugh hacked into a fan’s website, created for Steubenville High School sports teams, to bring attention to a rape for which two Steubenville High School football players had been arrested in August 2012 and were being held in custody. Lostutter filmed a video wearing a mask and wrote a manifesto, which were both posted on the website to harass and intimidate people, and to gain publicity for Lostutter’s and McHugh’s online identities. Specifically, the messages threatened to reveal personal identifying information of Steubenville High School students, and made false claims that the administrator of the fan website was involved in child pornography and directed a “rape crew.”
As part of the same hack, Lostutter and McHugh accessed the administrator’s private email account, and then publicly posted a link to download the administrator’s emails on the fan website. Lostutter and McHugh changed the website so no one could access anything regarding athletics and could only view the video, the manifesto, and the link to the administrator’s private emails. Lostutter and McHugh then used their online identities in social media and news interviews to promote themselves and their hack.
In 2013, Lostutter lied to the FBI by stating in an investigative interview that he had not written the manifesto posted to the website, that he had not accessed the password-protected section of the fan website, and that he had not changed the administrator password for the website, which prevented the administrator from regaining control of his own website.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the plea.
The investigation was conducted by the FBI. Assistant U.S. Attorney Neeraj Gupta prosecuted this case on behalf of the federal government.
Lostutter is scheduled to appear before Judge Danny C. Reeves for sentencing on March 8, 2017. Under federal law, each count carries a maximum of 5 years in prison. Any sentence will be imposed by the Court after consideration of the U.S. sentencing guidelines and the applicable federal statutes.
West Chester Man Sentenced to 20 Years for Plot to Attack U.S. Government OfficersRead the Press Release
CINCINNATI – Munir Abdulkader, 22, of West Chester, Ohio, was sentenced to 240 months in prison and lifetime supervised release for plotting to murder a military base employee and attack a Cincinnati area police station in the name of ISIL.
Acting Assistant Attorney General for National Security Mary McCord, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division, West Chester Police Chief Joel Herzog, Ohio State Highway Patrol Superintendent Colonel Paul A. Pride and Cincinnati Police Chief Eliot Isaac announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
Abdulkader previously pleaded guilty to attempting to kill officers and employees of the United States, material support of a foreign terrorist organization and possession of a firearm in furtherance of a crime of violence.
The plan was for Abdulkader to murder a specific employee of a military base at the employee’s home. He planned to videotape the murder so that it could be used in an ISIL propaganda video to further ISIL’s cause. Following the murder, Abdulkader would then launch a violent attack on a police station in the Cincinnati area.
In preparation for the attacks, Abdulkader conducted surveillance of the police station, received a targeting package about the victim, went to a shooting range, learned how to operate certain firearms, and practiced shooting the firearms. He also bought an AK-47 assault rifle for the attack.
According to the statement of facts admitted by Adbulkader at the plea hearing, beginning in at least July 2014 and continuing into 2015, Abdulkader expressed his support for the Islamic State in Iraq and the Levant (“ISIL”) on Twitter accounts. From approximately March 2015 to mid-April 2015, Abdulkader began speaking with a Confidential Human Source (CHS) about his desire and intention to travel to Syria in order to join ISIL as a fighter.
During that same time, Abdulkader made plans and preparations to travel to Syria to join ISIL as a fighter. Namely, he secured a passport, saved money for the trip and researched the logistical details of traveling to Syria and joining ISIL. In late April, though, Abdulkader expressed concerns about the ability to travel and postponed his original departure date of May 2, 2015.
During May 2015, Abdulkader was in electronic communication with one or more individuals located overseas who he understood were members of ISIL. One of those individuals was a member of ISIL identified as Junaid Hussein. Through their communications, Junaid Hussein directed and encouraged Abdulkader to plan and execute a violent attack within the United States.
Abdulkader communicated with Junaid Hussein and the CHS about a plan to kill an identified military employee on account of his position with the United States government. The plan included abducting the employee at the employee’s home and filming the execution of the employee.
After killing the employee, Abdulkader planned to execute a violent attack on a police station in the Southern District of Ohio using firearms and Molotov cocktails.
Adbulkader was arrested on May 21, 2015 by the FBI Joint Terrorism Task Force (JTTF), after a controlled purchase and possession of the AK-47 assault rifle.
The defendant was charged by criminal complaint on May 22, 2015 and a bill of information was filed on March 2, 2016. Abdulkader pleaded guilty to the three charges in the information on March 24, 2016, before U.S. District Judge Barrett. The court documents and proceedings were unsealed in July.
“Using social media to communicate with the now-deceased Syria-based ISIL terrorist Junaid Hussain, Abdulkader coordinated and planned violent murders of military members and police officers,” said Acting Assistant Attorney General McCord. “Identifying and stopping such ISIL-directed and inspired plots is and will remain one of our highest priorities.”
“Abdulkader placed himself under the direction and control of an evil foreign terrorist organization and plotted with that organization to conduct multiple murderous attacks in the Cincinnati area,” U.S. Attorney Glassman said. “The sentence of twenty years in prison, followed by a lifetime of federal supervision, is fully warranted by the egregious facts of this case. It will protect the public from this defendant.”
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the investigation of this case by the JTTF. The case is being prosecuted by Assistant U.S. Attorney Tim Mangan and Michael Dittoe of the Justice Department’s National Security Division Counterterrorism Section.
The JTTF is made up of officers and agents from the Cincinnati Police Department, Colerain Police Department, Dayton Police Department, Ohio State Highway Patrol, University of Cincinnati Police Department, United States Air Force OSI, FBI, United States Immigrations and Customs Enforcement, United States Internal Revenue Service, United States Secret Service, United States Postal Inspection Service, West Chester Police Department and Xenia Police Department.
Utica Man Pleads Guilty to Possession of a Firearm as a Convicted FelonRead the Press Release
SYRACUSE, NEW YORK - Harold Jones, 23, of Utica, New York, pled guilty today to being a felon in possession of a firearm and ammunition.
The announcement was made by U.S. Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Jones admitted that on April 20, 2016, he possessed a Smith & Wesson .40 caliber pistol and Twelve (12) rounds of .40 caliber ammunition. Jones was prohibited from possessing the pistol and ammunition because he has prior felony convictions for a New York drug offense and for Attempted Burglary.
Jones faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when he is sentenced on March 23, 2017 by Senior U.S. District Judge Frederic J. Scullin. 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 Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown
United States Settles Lawsuit Against Energy Department Contractors for Knowingly Mischarging Costs on Contract at Nuclear Waste Treatment PlantRead the Press Release
The Justice Department announced today that Bechtel National Inc., Bechtel Corp., URS Corp. (predecessor in interest to AECOM Global II LLC) and URS Energy and Construction Inc. (now known as AECOM Energy and Construction Inc.) have agreed to pay $125 million to resolve allegations under the False Claims Act that they made false statements and claims to the Department of Energy (DOE) by charging DOE for deficient nuclear quality materials, services, and testing that was provided at the Waste Treatment Plant (WTP) at DOE’s Hanford Site near Richland, Washington. The settlement also resolves allegations that Bechtel National Inc. and Bechtel Corp. improperly used federal contract funds to pay for a comprehensive, multi-year lobbying campaign of Congress and other federal officials for continued funding at the WTP. Bechtel Corp. and Bechtel National Inc. are Nevada corporations. URS Corp. is headquartered in California, and URS Energy & Construction Inc. is headquartered in Colorado.
“The money allocated by Congress for the Waste Treatment Plant is intended to fund the Department of Energy’s important mission to clean up the contaminated Hanford nuclear site, and this mission is undermined if funds are wasted on goods or services that are not nuclear compliant or to further lobbying activities,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “This settlement demonstrates that the Justice Department will work to ensure that public funds are used for the important purposes for which they are intended.”
“The environmental clean-up and restoration of the land that comprises the Hanford Nuclear Reservation is one of the single most important projects in this region,” said U.S. Attorney Michael C. Ormsby of the Eastern District of Washington. “It is imperative that funds allocated for this project be used appropriately and judiciously – the public expects nothing less. This office and our DOJ and DOE counterparts take allegations of contractor abuse seriously and place a priority on investigating and pursuing enforcement when those allegations could impact the safety and security of our citizens.”
“The DOE Office of Inspector General is committed to ensuring the integrity of Departmental contracts and financial expenditures,” said Acting Inspector General Rickey R. Hass. “We will continue to steadfastly investigate allegations of fraudulent diversion of tax dollars throughout DOE programs and appreciate the support of DOJ attorneys in these matters.”
Between 2002 and the present, DOE has paid billions of dollars to the defendants to design and build the WTP, which will be used to treat dangerous radioactive wastes that are currently stored at DOE’s Hanford Site. The contract required materials, testing and services to meet certain nuclear quality standards. The United States alleged that the defendants violated the False Claims Act by charging the government the cost of complying with these standards when they failed to do so. In particular, the United States alleged that the defendants improperly billed the government for materials and services from vendors that did not meet quality control requirements, for piping and waste vessels that did not meet quality standards and for testing from vendors who did not have compliant quality programs. The United States also alleged that Bechtel National Inc. and Bechtel Corp. improperly claimed and received government funding for lobbying activities in violation of the Byrd Amendment, and applicable contractual and regulatory requirements, all of which prohibit the use of federal funds for lobbying activities.
The allegations resolved by this settlement were initially brought in a lawsuit filed under the qui tam, or whistleblower, provisions of the False Claims Act by Gary Brunson, Donna Busche, and Walter Tamosaitis, who worked on the WTP project. The False Claims Act permits private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery. The Act also permits the government to intervene in such a lawsuit, as it did in part in this case. The whistleblowers’ reward has not yet been determined.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Eastern District of Washington, the DOE Office of the Inspector General and the FBI.
The claims asserted against defendants are allegations only, and there has been no determination of liability. The case is United States ex rel. Brunson, Busche, and Tamosaitis v. Bechtel National, Inc., Bechtel Corp., URS Corp., and URS Energy & Construction, Inc., Case No. 2:13-cv-05013-EFS (E.D. Wash.).
U.S. Department of Justice Encourages Reporting of Human Rights ViolationsRead the Press Release
Representatives from the Human Rights and Special Prosecutions Section of the U.S. Department of Justice traveled to Miami for a roundtable meeting with community stakeholders to combat and encourage reporting of, human rights violations.
U.S. Attorney for the Southern District of Florida Wifredo A. Ferrer, Deputy Chief Kathleen O’Connor, Human Rights and Special Prosecutions Section of the U.S. Department of Justice, and Special Agent in Charge Xanthi C. Mangum, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
“The U.S. Attorney’s Office and our federal law enforcement partners have taken an aggressive stance against perpetrators of human rights violations,” stated U.S. Attorney Wifredo Ferrer “Although we have successfully brought to justice a number of human rights violators, there is still much more work to be done to protect our nation’s residents, refugees and asylum seekers. We implore the community to report human rights violators who are living among us in the South Florida community.”
On November 3, 2016, as part of an effort to foster dialogue between those who investigate and enforce human rights laws in the United States and members of the community, the U.S. Attorney’s Office for the Southern District of Florida, the Human Rights and Special Prosecutions Section of the U.S. Department of Justice, the FBI, and U.S. Immigration and Custom Enforcement’s Homeland Security Investigations hosted a roundtable meeting with community groups in the South Florida region that provide services to immigrants. This forum, titled No Safe Haven: Keeping Immigrants Safe from Human Rights Violators, brought together stakeholders, including immigrant and refugee service providers, immigration attorneys, non-governmental organizations, local and state law enforcement, medical service providers, educators, and representatives from other federal agencies.
The Human Rights and Special Prosecutions Section of the U.S. Department of Justice works with other federal government agencies and community stakeholders to identify and prosecute human rights violators and other international criminals. Offenses such as murder, rape, physical or mental torture, and the recruitment or use of children as soldiers, are considered human rights violations and are a priority for the Department of Justice. Our united mission is to ensure that the United States is not a haven to those who commit such atrocities. The U.S. Attorney’s Office for the Southern District of Florida seeks to bring the perpetrators to justice, while striving to protect and improve lives. The U.S. Attorney’s Office has a specialized section that focuses on the protection of some of the most vulnerable segments of our communities, that have fallen victim to human rights atrocities. The U.S. Attorney’s Office has utilized immigration fraud statutes and other legal provisions to hold those accountable who carry out international rights violations. In, U.S. v. Eriberto Mederos, the defendant hid the fact that he had tortured political prisoners on behalf of Cuba’s communist government and was convicted of making false statements to obtain U.S. citizenship. In U.S. v. Charles “Chuckie” Taylor, the Southern District of Florida obtained the nation’s first conviction for overseas torture and the defendant was sentenced to 97 years in prison.
Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at [email protected] or toll-free at 1-800-813-5863, or through the HSI tip line at 1-866-DHS-2-ICE or to complete their online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.
Two Orlando Residents Sentenced to Federal Prison for Possession of Stolen Guns from A Federally Licensed Firearms DealerRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.
According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.
On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.
These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Two Orlando Residents Sentenced to Federal Prison for Possession of Stolen Guns from a Federally Licensed Firearms DealerRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Kimberly Carnell White, Jr. (28, Orlando) and James Romando Harris, II (28, Orlando) to 72 months and 84 months in prison, respectively, for possession of firearms by convicted felons. Both White and Harris pleaded guilty on August 24, 2016.
According to court documents, a federally licensed firearms dealer in Marion County was burglarized during the morning of May 5, 2016. Later that day, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) received information that White had several firearms to sell from a location he claimed to have “hit.” That same day, undercover agents from the Orange County Sheriff’s Office (OCSO) purchased five firearms from White and Harris. The serial numbers of those firearms matched those of the firearms that had been stolen from the licensed dealer. Both White and Harris have prior felony convictions and are therefore prohibited from possessing firearms or ammunition under federal law.
On May 13, 2016, the OCSO, the ATF, and the Orlando Police Department executed federal search warrants at the Orlando residences where the undercover transactions had been conducted, and where other firearms had been seen. During the execution of those warrants, law enforcement recovered seven firearms from one residence and four firearms from the other residence. Of those 4 firearms, four had serial numbers matching those of the firearms reported stolen from the federally licensed dealer. In total, investigators seized 16 firearms, including 9 that had been reported stolen from the firearms dealer.
These arrests were the result of a multi-agency investigation focused on the recovery of the firearms. This case was investigated by the Orange County Sheriff’s Office, the Orlando Police Department, the Marion County Sheriff’s Office, the Belleview Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Sean P. Shecter.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. Unites States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Stuart Resident Convicted of Federal Offenses Related to Armed Robberies in Florida and KentuckyRead the Press Release
On November 21, 2016, Todd Erling Becker, 46, of Stuart, Florida, was convicted of committing and conspiring to commit fives robberies with a firearm at business located in Stuart, Vero Beach, and Orlando, Florida and Lexington, Kentucky.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge for the Federal Bureau of Investigation (FBI), Miami Field Office, Ken Mascara, Sheriff, St. Lucie County Sheriff’s Office, William Snyder, Sheriff, Martin County Sheriff’s Office, Deryl Loar, Sheriff, Indian River County Sheriff’s Office, Jerry Demings, Sheriff, Orange County Sheriff’s Office, and Mark Barnard, Police Chief, Lexington Police Department, Kentucky, made the announcement.
A federal jury in the Southern District of Florida convicted Becker of one count of conspiracy to commit robbery affecting interstate and foreign commerce, three counts of robbery affecting interstate commerce, and three counts of using a firearm in the furtherance of a crime of violence. Becker faces a minimum of 57 years’ and a maximum of life imprisonment. Becker is scheduled to be sentenced on February 3, 2017 before U.S. District Judge Donald L. Graham.
According to the court record, including evidence presented at trial, between August 13, 2013 and August 21, 2014, Becker and various accomplices robbed four convenience stores catering to Latin communities in Stuart and Vero Beach, Florida and Lexington, Kentucky. Additionally, Becker and an accomplice robbed a cash exchange business in Orlando, Florida. On all five occasions, a disguised gunman entered the stores with a semi-automatic handgun and demanded money from the store clerks. For four of the five robberies, Becker served as the lookout and the driver of the vehicle used to flee from the crime scenes. During the robbery in Vero Beach, Florida Becker entered the store with the gunman and bound the store clerk before fleeing.
During the robbery in Lexington, Kentucky, during business hours, the gunman entered the Latin market and demanded money while pointing his semi-automatic handgun at multiple customers, including young children. The gunman fired two shots at employees. Shortly after the shots were fired, Becker drove to the location, picked up the gunman, and fled back to Florida.
Mr. Ferrer commended the investigative efforts of the FBI, St. Lucie County Sheriff’s Office, Martin County Sheriff’s Office, Indian River County Sheriff’s Office, Orange County Sheriff’s Office, and Lexington Police Department in Kentucky. The case is being prosecuted by Assistant U.S. Attorney Daniel E. Funk and Special Assistant U.S. Attorney Ryan Butler.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Sentencings for November 18 - November 21, 2016Read the Press Release
Pauline Irene Hemicker, 33, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 21, 2016, for conspiracy to distribute methamphetamine. Hemicker was arrested in Casper, Wyoming. She received 151 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $100.00 special assessment and $250.00 in restitution. This case was investigated by the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
John Charles Adams, 46, of Gillette, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for being a felon in possession of a firearm. Adams was arrested in Casper, Wyoming. He received 12 months and one day of imprisonment, to be followed by two years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
J.D. Lynn Cathcart, 31, of Carpenter, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 18, 2016, for being a felon in possession of firearms. Cathcart was arrested in Carpenter, 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 and a $400.00 fine. This case was investigated by the Wyoming Highway Patrol, the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Justin Dale Carpenter, 31, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for being a felon in possession of a firearm. Carpenter was arrested in Casper, Wyoming. He received 12 months and one day 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 Casper Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Daniel Leigh Delaney, 33, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on November 18, 2016, for being a felon in possession of a firearm. Delaney was arrested in Cheyenne, Wyoming. He received 60 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment
and a $400.00 fine. This case was investigated by the Cheyenne Police Department, the Wyoming Division of Criminal Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Kevin Paul Brown, 26, of Fort Washakie, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on November 18, 2016, for aggravated sexual abuse. Brown was arrested in Cheyenne, Wyoming. He received 60 months of imprisonment, to be followed by ten years of supervised release, and was ordered to pay a $100.00 special assessment and $5889.53.00 in restitution. This case was investigated by the Federal Bureau of Investigation.
Rockford Man Indicted on Child Pornography ChargesRead the Press Release
ROCKFORD — A Rockford man has been indicted by a federal grand jury on child pornography charges.
NATHAN R. TAUCK, 25, was charged Thursday with one count of enticing and coercing a minor victim to engage in sexually explicit conduct that exhibited the minor’s genitals and pubic area for the purpose of producing a visual depiction of the sexually explicit conduct; and four counts of transporting child pornography via the internet.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago.
The charge of enticing a minor victim to engage in sexually explicit conduct carries a mandatory minimum sentence of 15 years in prison and a maximum of 30 years, and a $250,000 maximum fine; each count of transporting child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years, as well as $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The government is represented by Assistant U.S. Attorney Michael D. Love.
Portland Metro Law Enforcement Partners United Against All Forms of Hate CrimesRead the Press Release
PORTLAND, Ore. – Early last week, the FBI released its annual statistics on hate crimes in the U.S. The report showed a 67 percent increase in hate crimes committed against Muslim Americans in 2015 as well as increases in hate crimes against members of the Jewish, African American, and LGBT communities. Overall, the number of hate crimes reported nationwide increased six percent – a number that does not account for the many hate crimes that go unreported out of shame or fear.
These figures are deeply concerning to members of our law enforcement community in Oregon. Beyond the 2015 statistics, Oregonians may have seen news reports and social media posts about alleged hate crimes and harassment across the country. These reports have caused many in our community to fear for their own or their loved ones’ safety.
“The United States Attorney’s Office, with our local, state, and federal law enforcement partners, wants to reassure community members that we are united in our efforts to combat hate crimes in any form and to repudiate the targeting of individuals because of their actual or perceived race, color, religion, national origin, disability, sexual orientation, gender or gender identity” said Billy J. Williams, United States Attorney for the District of Oregon. “We remain committed to vigorously investigating and prosecuting all hate crimes.”
If you or someone who you know has been a victim of a hate crime, please report this to your local law enforcement authority. If you are concerned about your safety, please call 9-1-1 immediately.
Victims are encouraged to report all hate crimes to their local law enforcement agency and also to the FBI. Links to Oregon police departments and county sheriffs’ offices are listed below:
- List of Oregon Police Departments
- List of Oregon County Sheriffs’ Offices
For crimes committed in Oregon, the FBI Portland Division can be reached at (503) 224-4181. A list of all local FBI offices is available at: https://www.fbi.gov/contact-us/field-offices. Reports to the FBI can also be submitted online from any state via: https://tips.fbi.gov.
Additionally, the Oregon Department of Justice collects reports of hate crimes to ensure these are passed on to the appropriate authority for investigation via the following web form: https://justice.oregon.gov/crimereporting/hatecrime.
If you have questions about your rights or the hate crime reporting process, please contact any of the following law enforcement agencies in the Portland metro area:
- United States Attorney’s Office – District of Oregon: (503) 727-1000
- Oregon Department of Justice: (503) 378-4400
- FBI – Portland Division: (503) 224-4181
- Multnomah County Sheriff’s Office: (503) 823-3333
- Clackamas County Sheriff’s Office: (503) 655-8211
- Washington County Sheriff’s Office: (503) 629-0111
- Portland Police Bureau: (503) 823-0400
- Gresham Police Department: (503) 823-3333
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – The U.S. Attorney’s Office for the Northern District of Georgia announced that pain management physician Dr. Anthony Clavo has agreed to the entry of a consent judgment for $430,000 plus interest to resolve allegations that he violated the False Claims Act by billing Medicare, Medicaid, and TRICARE for medically unnecessary services. The federal government’s portion of the consent judgment is $322,407, and the State of Georgia’s portion is $107,593.
“When physicians bill the government for medical services that are not needed by the patient, they violate the trust placed in them by their patients and the government to provide only medically necessary care,” said U. S. Attorney John Horn. “Healthcare providers should be vigilant about prescribing only medically necessary services for their patients.”
“Those individuals in positions of trust within the healthcare industry have an inherent duty to be forthright in their claims submittals to those government programs that pay for their services. Through the False Claims Act settlement and the associated monetary judgements announced today, the defendant in this case, Dr. Anthony Clavo, understands this and the U.S. Government’s position on this a lot better. The FBI will continue to play a role in ensuring that the federal funds providing these healthcare programs are not abused,” said George Crouch, Acting Special Agent in Charge, FBI Atlanta Field Office.
“Delivering medically unnecessary treatment or failing to document the need for that care can be a serious threat to the health of the patient as well as the federal programs they depend upon,” said HHS OIG SAC Derrick L. Jackson. “Together with our law enforcement partners we will be vigilant in pursuing such offenses.”
“Fighting Medicaid fraud has been and will remain a top priority for our office,” said Attorney General Chris Carr. “People who misuse our medical systems divert funds from those in need of care and abuse Georgia taxpayer dollars. We will continue to work with our statewide and national partners to aggressively pursue these instances.”
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program that serves our Warfighters, their family members, and military retirees,” said Special Agent in Charge John F. Khin, Southeast Field Office. “With DoD's limited resources and budgets, DCIS must continue to aggressively investigate fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs.”
The government alleges that Dr. Clavo submitted or caused the submission of false claims to Medicare, Medicaid, and TRICARE for services that were not medically necessary or where there was insufficient information to determine the amount due the provider during the period from January 1, 2014 through June 22, 2015.
The settlement resolves allegations filed by Herretta Pickens and Teresa Williams, former employees of Dr. Clavo, under the qui tam, or whistleblower, provisions of the False Claims Act, which authorize private parties to sue for false claims on behalf of the United States and share in the recovery. The lawsuit was filed in the Northern District of Georgia and is captioned United States & State of Georgia ex rel. Herretta Pickens & Teresa Williams v. Southern Pain Institute, P.C. d/b/a Southern Spine & Pain Institute et al., No. 1:15-cv-2381 (N.D. Ga.). Ms. Pickens and Ms. Williams will receive a share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the Georgia State Attorney General’s Medicaid Fraud Control Unit.
The civil settlement was reached by Assistant United States Attorney Lena Amanti and Georgia Assistant Attorney General Sara Vann.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ohio Man Sentenced to 20 Years in Prison for Plot to Attack U.S. Government OfficersRead the Press Release
Munir Abdulkader, 22, of West Chester, Ohio, was sentenced to 20 years in prison and lifetime supervised release, for plotting to murder a military base employee and attack a Cincinnati area police station in the name of the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Field Division, Police Chief Joel Herzog of the West Chester Police Department, Superintendent Colonel Paul A. Pride of the Ohio State Highway Patrol and Police Chief Eliot Isaac of the Cincinnati Police Department announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
“Using social media to communicate with the now-deceased Syria-based ISIL terrorist Junaid Hussain, Abdulkader coordinated and planned violent murders of military members and police officers,” said Acting Assistant Attorney General McCord. “Identifying and stopping such ISIL-directed and inspired plots is and will remain one of our highest priorities.”
“Abdulkader placed himself under the direction and control of an evil foreign terrorist organization and plotted with that organization to conduct multiple murderous attacks in the Cincinnati area,” said U.S. Attorney Glassman.
Abdulkader previously pleaded guilty to attempting to kill officers and U.S. government employees, conspiracy to provide material support to a foreign terrorist organization and possession of a firearm in furtherance of a crime of violence.
Abdulkader’s plan was to murder a specific employee of a military base at the employee’s home. He planned to videotape the murder so that it could be used in an ISIL propaganda video to further ISIL’s cause. Following the murder, Abdulkader would then launch a violent attack on a police station in the Cincinnati area.
In preparation for the attacks, Abdulkader conducted surveillance of the police station, received a targeting package about the victim, went to a shooting range, learned how to operate certain firearms and practiced shooting the firearms. He also bought an AK-47 assault rifle for the attack.
According to the statement of facts admitted by Abdulkader at the plea hearing, beginning in at least July 2014 and continuing into 2015, Abdulkader expressed his support for ISIL on Twitter accounts. From approximately March 2015 to mid-April 2015, Abdulkader began speaking with a Confidential Human Source (CHS) about his desire and intention to travel to Syria in order to join ISIL as a fighter.
During that same time, Abdulkader made plans and preparations to travel to Syria to join ISIL as a fighter. Namely, he secured a passport, saved money for the trip and researched the logistical details of traveling to Syria and joining ISIL. In late April, though, Abdulkader expressed concerns about the ability to travel and postponed his original departure date of May 2, 2015.
During May 2015, Abdulkader was in electronic communication with one or more individuals located overseas who he understood were members of ISIL. One of those individuals was a member of ISIL identified as Junaid Hussein. Through their communications, Junaid Hussein directed and encouraged Abdulkader to plan and execute a violent attack within the U.S.
Abdulkader communicated with Junaid Hussein and the CHS about a plan to kill an identified military employee on account of his position with the U.S. government. The plan included abducting the employee at the employee’s home and filming the execution of the employee.
After killing the employee, Abdulkader planned to execute a violent attack on a police station in the Southern District of Ohio using firearms and Molotov cocktails.
Abdulkader was arrested on May 21, 2015 by the FBI Joint Terrorism Task Force (JTTF), after a controlled purchase and possession of the AK-47 assault rifle.
The defendant was charged by criminal complaint on May 22, 2015 and a bill of information was filed on March 2. Abdulkader pleaded guilty to the three charges in the information on March 24 before U.S. District Judge Barrett. The court documents and proceedings were unsealed in July.
Acting Assistant Attorney General McCord and U.S. Attorney Glassman commended the investigation of this case by the JTTF. The JTTF is made up of officers and agents from the Cincinnati Police Department; Colerain Police Department in Cincinnati; Dayton Police Department in Dayton, Ohio; Ohio State Highway Patrol; University of Cincinnati Police Department; U.S. Air Force OSI; FBI; U.S. Immigrations and Customs Enforcement; IRS; U.S. Secret Service; U.S. Postal Inspection Service; West Chester Police Department in West Chester, Ohio; and Xenia Police Department in Xenia, Ohio.
The case is being prosecuted by Assistant U.S. Attorney Tim Mangan for the Southern District of Ohio and Trial Attorney Michael Dittoe of the National Security Division’s Counterterrorism Section.
Monticello Man Pleads Guilty to Armed Bank RobberyRead the Press Release
A man who robbed the F&M Bank in Monticello on July 29, 2016, pled guilty today in federal court in Cedar Rapids.
Brandon Brown, 45, from Monticello, Iowa, was convicted of armed bank robbery. In a plea agreement, Brown admitted he took more than $4,000 from the F&M Bank by brandishing a weapon and pointing the weapon at a bank employee.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Brown remains in custody of the United States Marshal and will remain in custody pending sentencing. Brown faces a possible maximum sentence of 25 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 5 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Jacob Schunk and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-080-LRR.
Meriden Man Sentenced to 15 Years for Engaging in Sex Acts with Minors, Producing Child PornorgraphyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARK W. IRVIN, 65, of Meriden, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 180 months of imprisonment, followed by 15 years of supervised release, for producing child pornography.
According to court documents and statements made in court, on multiple occasions between approximately 2012 and August 2015, IRVIN engaged in sexual acts with three males who were under the age of 18. He also installed and operated a video camera and a digital video recording device at his residence to record the sexual activity.
On September 8, 2015, law enforcement officers conducted a search of IRVIN’s residence and seized several computers, hard drives, electronic storage media and the digital video recording device. During a forensic analysis of the seized evidence, law enforcement found videos that depicted IRVIN engaged in sexual acts with two of the three males. Law enforcement also found videos and images of naked minors that were taken with a hidden camera in IRVIN’s bathroom.
IRVIN has been detained since his arrest on September 18, 2015. On August 31, 2016, he pleaded guilty to one count of production of child pornography.
IRVIN also is charged with related state offenses.
This matter was investigated by the Meriden Police Department, Homeland Security Investigations, and Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Manhattan U.S. Attorney Announces Arrest of New Jersey Man for Selling Designer Drug over the Internet in Violation of the Federal Analogue ActRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, and Carl J. Kotowski, the Special Agent in Charge of the Drug Enforcement Administration’s New Jersey Division, announced today the arrest of ANDREW COOK on a charge of distributing and possessing with intent to distribute methoxetamine hydrochloride (“MXE”), an illegal analogue of the hallucinogenic drug.
The defendant had an initial appearance in the District of New Hampshire today before Magistrate Judge Andrea K. Johnstone.
U.S. Attorney Preet Bharara said: “As alleged, Andrew Cook was the sole proprietor of an illegal online distributor of MXE, a dangerous hallucinogenic drug. Thanks to the work of the DEA, Cook has been arrested and his illegal business taken offline.”
DEA Special Agent in Charge Carl J. Kotowski said: “Today, the men and women of DEA have arrested a dangerous individual. Mr. Cook was hiding behind the anonymity of his computer screen. We will continue to pursue those peddling their drugs whether they are selling them on the street or via the internet.”
According to the Complaint[1] unsealed today in Manhattan federal court:
MXE, a designer drug, is an analogue of a controlled substance and has been “designed” to circumvent drug laws. MXE belongs to the same class of drugs as ketamine, phenycyclidine (“PCP”), and PCE. Drugs in this class produce dissociative anesthetic and hallucinogenic effects.
COOK was the sole owner and operator of an internet business, called Downlow Labs, which shipped various drugs, including MXE, to individuals across the country. COOK operated a drug manufacturing facility at his home in Long Branch, New Jersey. A search of COOK’s residence uncovered, among other things, numerous baggies labeled “methoxetamine,” a pill press, masks, beakers, rubber gloves, shipping supplies, invoices, approximately $14,500 in cash, and approximately 395 grams of MXE.
* * *
COOK, 23, of Long Branch, New Jersey, was charged with one count of distributing and possessing with intent to distribute a controlled substance analogue, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
U.S. Attorney Bharara praised the outstanding investigative work of the DEA New Jersey Tactical Diversion Squad, the New Jersey State Police Hazardous Material Unit, the United States Postal Inspection Service, the Long Branch Police Department, and the Monmouth County Prosecutor’s Office.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Dina McLeod is in charge of the prosecution.
[1] As the introductory phase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Man Sentenced to Federal Prison for Drug ChargeRead the Press Release
BOISE – James Brett John, 30, of Kuna, Idaho, was sentenced today to 92 months in prison for the possession of methamphetamine with intent to distribute, U.S. Attorney Wendy J. Olson announced. John was indicted by a federal grand jury on May 10, 2016. He pleaded guilty to the charge on September 13, 2016. Senior U.S. District Judge Edward J. Lodge sentenced John to 8 years of supervised release following his term of imprisonment.
According to information presented in court, Boise Police officers stopped a vehicle in Ada County, Idaho on May 4, 2016. John, who was a passenger in the vehicle, was arrested on a warrant for violating his parole. Police officers found a bag in John’s pants that contained over an ounce of ethamphetamine, baggies, and a digital scale. Officers also located a glove in the vehicle that contained additional methamphetamine, prescription pain pills, and a synthetic drug known as “a-PVP” or “bath salts.” John admitted to police officers that he intended to sell the methamphetamine.
The case is the result of a joint investigation by the Boise Police Department and the Organized Crime and Drug Enforcement Task Force (OCDETF), which includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, firearms and Explosives; U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Man Pleads Guilty to Attempted Enticement of a Minor and Child Pornography ChargesRead the Press Release
ALBANY, NEW YORK – David J. Rancourt, age 61, of Palmer, Massachusetts, pled guilty today to attempted coercion and enticement of a minor for prohibited sexual activity, and to having distributed, received, and possessed child pornography.
The announcement was made by U.S. Attorney Richard S. Hartunian and Andrew W. Vale, Special Agent in Charge of the Albany Division of the Federal Bureau of Investigation (FBI).
As part of his plea, Rancourt admitted that he posted an online advertisement titled “Dad looking for a son,” in which he solicited sexual role-play encounters with a boy. Following email and instant message exchanges with a Colonie Police Department officer acting undercover, Rancourt travelled to Albany in order to meet at a prearranged time and place to engage in sexual activities with a person he believed to be a 14-year-old boy. He also sent and received child pornography using a phone-based instant messaging application and possessed child pornography on his phone.
Rancourt faces at least 10 years and up to life in prison on the attempted coercion and enticement charge, and at least 5 years and up to 20 years in prison for receiving and distributing child pornography. He also faces a term of post-imprisonment supervised release of at least 5 years and up to life, a fine of up to $250,000, and mandatory registration as a sex offender. 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. U.S. District Judge Mae A. D’Agostino is scheduled to sentence Rancourt on March 23, 2017.
This case was investigated by the Colonie Police Department and the FBI, and is being prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
This case is prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Lockport Man Sentenced on Gun 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 Bob Odrzywolski, 73, of Lockport, NY, who was convicted of being a felon in possession of firearms, was sentenced to time served and three years supervised release by U.S. District Judge Elizabeth A. Woldford.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that the defendant, a convicted federal felon, obtained ammunition from a local retailer. Subsequently, a search warrant was executed at Odrzywolski’s Crosby Road residence. During the search, officers recovered seven handguns and approximately 6000 rounds of ammunition. The defendant was previously convicted of a federal crime and could not legally possess firearms.
The sentencing is the result of an investigation by the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Justice Department Files Housing Discrimination Suit Against Tinley Park for Refusing to Approve Low-Income Housing DevelopmentRead the Press Release
WASHINGTON – The Justice Department filed a civil lawsuit today against the village of Tinley Park, alleging that the southwest suburb violated the Fair Housing Act when it refused to approve a low-income housing development in response to race-based community opposition.
The suit alleges that in 2015, the Buckeye Community Hope Foundation sought to build a 47-unit apartment complex for low-income individuals just outside of Tinley Park’s downtown. The project would be financed through Low Income Housing Tax Credits administered by the Illinois Housing and Development Authority. The suit alleges that Tinley Park discriminated against prospective tenants of the proposed development when it refused to approve the project despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements. Under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin. Instead, the lawsuit alleges that in response to vocal and, at times, race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.
“Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing,” said United States Attorney Zachary T. Fardon of the Northern District of Illinois. “Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes.”
“The Fair Housing Act requires that cities make housing-related zoning and land use decisions based on the merits – not on race,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division. “When discrimination interferes with the housing and zoning approval process, entire communities suffer.”
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The suit seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for persons harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.
The lawsuit is an allegation of unlawful conduct. The allegations must still be proven in federal court.
The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Justice Department Files Housing Discrimination Lawsuit Against Tinley Park, Illinois, for Refusing to Approve Low-Income Housing DevelopmentRead the Press Release
The Justice Department filed a civil lawsuit today against the village of Tinley Park, Illinois, alleging that the suburb of Chicago violated the Fair Housing Act when it refused to approve a low-income housing development in response to race-based community opposition.
The suit alleges that in 2015, the Buckeye Community Hope Foundation sought to build a 47-unit apartment complex for low-income individuals just outside of Tinley Park’s downtown. The project would be financed through Low Income Housing Tax Credits administered by the Illinois Housing and Development Authority. The suit alleges that Tinley Park discriminated against prospective tenants of the proposed development when it refused to approve the project despite the Tinley Park Planning Department’s finding that the project was in “precise conformance” with the applicable building requirements. Under Tinley Park’s zoning ordinances, Tinley Park’s Plan Commission should have approved the project and allowed construction to begin. Instead, the lawsuit alleges that in response to vocal and, at times, race-based community opposition, Tinley Park trustees requested the Plan Commission table consideration of the project. The Plan Commission did so, stalling the project indefinitely.
“The Fair Housing Act requires that cities make housing-related zoning and land use decisions based on the merits – not on race,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “When discrimination interferes with the housing and zoning approval process, entire communities suffer.”
“Our office is committed to fighting unlawful discrimination wherever it occurs, including in fair housing,” said U.S. Attorney Zachary T. Fardon of the Northern District of Illinois. “Where appropriate, we will pursue local governments that try to reduce affordable housing opportunities for discriminatory purposes.”
The lawsuit was filed in the U.S. District Court for the Northern District of Illinois. The suit seeks a court order requiring Tinley Park to approve the development and to take other action to ensure compliance with the Fair Housing Act. It also seeks monetary damages for persons harmed by Tinley Park’s actions as well as a civil penalty. A separate suit brought by Buckeye against Tinley Park is also pending in the Northern District of Illinois.
The lawsuit is an allegation of unlawful conduct. The allegations must still be proven in federal court.The Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, familial status and disability. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Illegal Alien Sentenced to More Than Fifteen Years for Possession with Intent to Distribute HeroinRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.
According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Illegal Alien Sentenced to More Than Fifteen YearsRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Fredy Herney Nieto-Marin (37, Revere, Massachusetts) to 15 years and 8 months in federal prison for possession with intent to distribute heroin. Because Nieto-Marin (a Columbian citizen) is an illegal alien, he is subject to deportation after serving his prison term. Nieto-Marin pleaded guilty on January 19, 2016.
According to court documents, Nieto-Marin met with a confidential source (CS) working for the Drug Enforcement Administration regarding potential drug deals. Nieto-Marin met with the CS on Nieto-Marin’s way back to Massachusetts, after dropping off $45,000 for a prior drug deal. During the meeting with the CS, Nieto-Marin told the CS about a large amount of heroin that was hidden inside Nieto-Marin’s car. A police canine subsequently located approximately 453 grams of heroin that had been concealed inside a hidden compartment in Nieto-Marin’s car.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Vincent S. Chiu.
Houston Man Sentenced on Drug Charge Involving LRGP GangRead 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 Earl Brown, Sr., 55, of Houston, Texas, who was convicted of conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine and money laundering conspiracy, was sentenced to 135 months in prison by U.S. District Judge Lawrence J. Vilardo.
According to Assistant U.S. Attorney George C. Burgasser, who handled the case, Franklin Richards was a major supplier of cocaine to a drug trafficking organization in Buffalo known as L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. Richards obtained multiple kilograms of cocaine on a regular basis from the defendant Earl Brown which was shipped or transported from the Houston area to Buffalo. Richards then distributed cocaine to Dewayne Gray, who was the leader of the L.R.G.P. organization. Gray, in turn, processed much of the cocaine into crack cocaine which was later sold by various L.R.G.P. members. The cocaine was sold at various locations in the Broadway/Fillmore area of Buffalo.
Brown was also involved in money laundering activities. On December 14, 2012, Franklin Richards attempted to send $112,000 in drug proceeds to the defendant but the money was seized at the Buffalo Niagara International Airport.
Brown was arrested along with seven other defendants; all have been convicted.
The sentencing is the culmination of an investigation on the part of: Special Agents of the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the New York State Police, under the direction of Major Steven Nigrelli; and the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast.
High School Teacher Arrested for Possessing and Receiving Child PornographyRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (“HSI”), and George P. Beach II, the Superintendent of the New York State Police (“NYSP”), announced the arrest of NICHOLAS PAGLIUCA, a teacher at a high school in the town of Mamaroneck, stemming from his possession and receipt of child pornography. PAGLIUCA was arrested today and will be presented today before United States Magistrate Judge Judith C. McCarthy in White Plains federal court.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, Nicholas Pagliuca, a teacher at a local high school, tapped into a website full of illegal child pornography to download images and videos. Investigation and prosecution of these crimes are critical in protecting our children.”
HSI Special Agent-in-Charge Angel Melendez said: “Individuals who take pleasure in downloading videos and photos of young children being sexually exploited need to be brought to justice, especially those whose jobs give them access to children, as in this case. HSI is putting child predators on notice that we will not stop tracking and arresting these depraved individuals until the threat to children is no more.”
Superintendent George P. Beach II said: “Anyone involved in child pornography, promoting the acts of child predators, or who performs predatory acts against children must understand that such crimes will not be tolerated. We will continue to work with our partners to thoroughly investigate and prosecute these illicit activities. Children must be protected, not preyed upon.”
According to the Complaint[1] filed today in federal court:
In October 2012, an individual who was later identified as PAGLIUCA registered for a 30-day subscription to a website that is a popular means for individuals to trade child pornography images and videos. PAGLIUCA downloaded hundreds of files containing images and videos of child pornography, many of which depicted prepubescent children engaged in sexual activity with adults or other children. Using the email address PAGLIUCA used to register with the website, agents with HSI and officers of the NYSP confirmed PAGLIUCA’s identity and his occupation as a teacher at a public high school in Mamaroneck, New York. PAGLIUCA was arrested at his residence in Somers, New York.
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NICHOLAS PAGLIUCA, 65, of Somers, New York, is charged with one count of possession of child pornography (Count One), which carries a maximum sentence of 20 years in prison, and one count of receipt of child pornography (Count Two), which carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Any individuals who believe they have information concerning NICHOLAS PAGLIUCA that may be relevant to the investigation should contact HSI at through its toll-free hotline at 1-866-DHS-2ICE; TTY for hearing impaired: (802) 872-6196. This hotline is staffed around-the-clock by investigators.
Mr. Bharara praised the efforts of HSI and the New York State Police in this investigation. He added that the investigation is continuing.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Gillian Grossman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
Fort Defiance Couple Sentenced to Prison for Health Care FraudRead the Press Release
PHOENIX – This week, Sylvia Begay, 50, of Fort Defiance, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 28 months in federal prison, followed by a three-year term of supervised release, and ordered to pay more than $2.1 million in restitution. Additionally, Virgil Begay, 53, of Fort Defiance, Ariz., was sentenced by U.S. District Judge G. Murray Snow to 21 months in federal prison, followed by a three-year term of supervised release, and ordered to pay more than $1.3 million in restitution. The Begays had previously pleaded guilty to health care fraud.
The Begays generated millions of dollars in fraudulent payments to themselves by falsely billing Arizona’s Health Care Cost Containment System (AHCCCS) for tens of thousands of medical transports that never occurred. AHCCCS is Arizona’s Medicaid agency that offers health care programs to Arizona residents who meet certain income and other requirements. The Begays owned and operated companies that provided non-emergency medical transportation for AHCCCS recipients on the Navajo reservation. From December 2010 through May 2013, Ms. Begay’s company, Hozho Nahasdlii Health Care at Home, submitted more than 24,000 false claims to AHCCCS for medical transports that never occurred, generating approximately $2,174,207 in fraudulent payments from AHCCCS to Ms. Begay. From May 2012 through May 2013, Mr. Begay’s company, Beauty Way Transport, submitted more than 16,000 false claims to AHCCCS for medical transports that never occurred, generating approximately $1,367,588 in fraudulent payments from AHCCCS to Mr. Begay.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Bridget Minder and Peter Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-15-08252-GMS-PHX
RELEASE NUMBER: 2016-098_Begay
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Former U.S. Air Force Fire Chief Pleads Guilty to Procurement Violation and Wire FraudRead the Press Release
WASHINGTON – U.S. Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that James E. Podolske Jr., 59, of Panama City, Florida, pleaded guilty yesterday to one count of wire fraud and a violation of the Procurement Integrity Act.
Pursuant to the terms of a plea agreement, Podolske acknowledged that while an official with the U.S. Air Force, he knowingly disclosed defense department contract bid information to give a competitive advantage to a corporate defense contractor.
Podolske further acknowledged that between 2009 and 2013, he used his position as Chief of Air Force Fire Services to defraud approximately 25 business entities or individuals out of tens of thousands of dollars per year intended for charity. Podolske organized an awards banquet and “charity” golf outing to coincide with a conference sponsored by the International Association of Fire Chiefs. Podolske admitted that he actively solicited donations for his golf outing from contractors and subcontractors who sought to do business with the Air Force and Department of Defense, including several in the Eastern District of Wisconsin. Some of the donations were forwarded to charities as intended; however, many donations were deposited in Podolske’s personal bank account. He acknowledged using these charitable donations for his personal expenses, including to pay off credit card debt, pay for vacations and for gambling at Gulf Shore casinos.
At sentencing, Podolske faces up to 25 years in prison, $500,000 in fines and three years of supervised release. The government will also seek the forfeiture of assets equivalent to the proceeds of his criminal activity. Pursuant to the terms of the plea agreement Podolske resigned his position as Fire Chief of the U.S. Air Force effective Oct. 21, 2016.
The U.S. Air Force Office of Special Investigations, the FBI, the Defense Criminal Investigation Service and the Naval Criminal Investigation Service investigated the case. Assistant U.S. Attorney Daniel R. Humble of the Eastern District of Wisconsin is prosecuting the case.
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Former Lincolnton Resident Pleads Guilty to Failing to Report Federal Prison, Contempt of CourtRead the Press Release
CHARLOTTE, N.C. – Dania Ramos, 41, formerly of Linconton, N.C., appeared before U.S. Magistrate Judge David C. Keesler today and pleaded guilty to failing to report to federal prison and contempt of court, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Rose is joined in making today’s announcement by Thomas J. Holloman III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI).
According to filed documents and today’s court proceedings, on March 20, 2012, U.S. District Court Judge Robert J. Conrad, Jr. sentenced Ramos to 48 months in prison for her role in a false claims conspiracy, in case number 3:11cr75-04. The conviction stemmed from Ramos’s role in a conspiracy to defraud the government by filing fraudulent tax returns seeking refunds totaling more than $5 million, by using stolen identity information of individuals in Puerto Rico.
At her sentencing hearing, Ramos was ordered to abide by the previously imposed conditions of release, including that she immediately advise the court, defense counsel, and the U.S. Attorney in writing before any change of address; that she surrender to serve any sentence imposed; and that she travel only in the Western District of North Carolina. Ramos was specifically advised by the court that the U.S. Marshals would send her a letter telling her when she would begin serving her sentence.
According to filed documents and today’s court proceedings, on April 16, 2012, the U.S. Probation Office received information that Ramos could not be located or contacted. On or about May 8, 2012, the U.S. Marshals Service sent a report notification to Ramos via certified mail directing Ramos to report to FCI/SFF Hazelton WV on June 12, 2012. Ramos failed to report as required and her whereabouts remained unknown until December 23, 2015, when Ramos was arrested at the border of Mexico and the United States in Texas attempting to enter the United States.
Ramos is currently in federal custody. The failure to report charge carries a maximum prison term of 5 years and a $250,000 fine. The criminal contempt charge carries a maximum prison term of life imprisonment or a fine. A sentencing date for the defendant has not been set yet.
The investigation was handled by the IRS-CI. The prosecution for the government is being handled by Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte.