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8 December 2016
Del Rio Man Sentenced to Federal Prison on Cyberstalking and Child Pornography ChargesRead the Press Release
In Del Rio yesterday, 27-year-old Michael Martinez was sentenced to 120 months in federal prison for online sextortion, cyberstalking and child exploitation announced United States Attorney Richard L. Durbin, Jr., and Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division.
In addition to the prison term, United States District Judge Alia Moses ordered that Martinez pay a $2,000.00 fine and be placed under supervised release for a period of 5 years after completing his prison term. Martinez has remained in federal custody since his arrest on August 13, 2015.
In April 2016, Martinez pleaded guilty to two counts of cyberstalking and one count of receipt of child pornography. By pleading guilty, Martinez admitted that from October 2013 to August 2014, he caused emotional distress to multiple female victims--one of whom was a minor--by using a fictitious Facebook account, email accounts and text messages to harass, threaten and intimidate them. Furthermore, Martinez admittedly threatened to post nude photographs he had of the victims on the Internet and send the photographs to their respective family and friends unless the victims continued to supply him with additional sexually explicit photographs. The minor victim complied with his threat and sent him nude photographs that he received and stored on multiple electronic devices.
On August 21, 2014, FBI agents executed a search warrant at the defendant’s residence. During the execution of the search warrant, investigators seized several computers, an assortment of computer related storage devices and the defendant’s cell phone. A forensics examination of the seized items revealed the presence of approximately a dozen images of the minor victim engaged in sexually explicit conduct.
This case is being brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Ralph Paradiso prosecuted this case on behalf of the Government.
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Defendant Pleads Guilty to Hauling 15 Kilograms of Cocaine Across AlabamaRead the Press Release
Montgomery, AL - Robert Francis Kelly (55), of Minersville, Pennsylvania, pled guilty earlier today to a one count indictment for possessing more than five kilograms of cocaine with the intent to distribute, announced George L. Beck, Jr., United States Attorney for the Middle District of Alabama.
According to court documents, Kelly was a professional truck driver, who was driving his eighteen-wheeler on I-85 when he was pulled over by an Alabama State Trooper near Exit 16, on the east side of Montgomery.
When asked, Kelly first told law enforcement that he was driving down from Delaware. After being confronted with contrary records, Kelly admitted that he lied to law enforcement, and added that he was actually driving from an area just a few miles from the United States-Mexican Border and was heading up towards Atlanta. Based on other contradictions and suspicious evidence, law enforcement initiated a search of the vehicle.
Agents found approximately fifteen (15) kilograms of cocaine in a secret compartment in the truck. The Drug Enforcement Agency (DEA) estimates that the street value of 15 kilograms of cocaine is approximately a half-million dollars.
Kelly is currently facing sentence of 10 years to life in prison for this offense. His sentencing hearing will be scheduled in the next few months.
“Despite the influx of heroin, fentanyl and other synthetic drugs, cocaine continues to be a menace throughout Alabama,” stated U.S. Attorney Beck. “The abuse of illegal drugs destroys families and businesses and we will continue to fight to keep our streets free from this poison.”
This case was investigated by the Drug Enforcement Administration DEA and the Alabama Law Enforcement Agency’s (ALEA) Highway Patrol. The case is being prosecuted by Assistant United States Attorney Bradley Bodiford.
Conroe Man Arrested for Bank Fraud and Stealing from EmployerRead the Press Release
HOUSTON – A 45-year-old man who resides in Conroe has been taken into custody following the return of an indictment alleging he stole more than $484,000 from his former employer, announced U.S. Attorney Kenneth Magidson.
On Nov. 30, 2016, a grand jury returned a 12-count indictment under seal against Kiran Andhavarapu. The indictment was unsealed today upon his arrest by federal authorities. He is expected to make his initial appearance before U.S. Magistrate Judge Dena Palermo this morning.
The indictment alleges Andhavarapu executed a scheme to steal money from his employer, Weatherford, and its subsidiary, EProduction Solutions, L.L.C. Andhavarapu allegedly opened bank accounts in the name of “EProduction Solutions” and listed himself as the owner and sole proprietor of the business. According to the indictment, he then stole refund checks made out to and belonging to his employer and fraudulently deposited those checks in the accounts he had created.
The indictment alleges Andhavarapu stole a total of $484,873.95.
Each count of bank fraud carries a possible sentence of 30 years in federal prison, upon conviction.
The FBI conducted the investigation. Assistant U.S. Attorney Justin R. Martin is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Collinsville Resident Pleads Guilty to Access with Intent to View Prepubescent Child PornographyRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that on December 8, 2016, Jeremy T. Blair, 41, of Collinsville, Illinois, pled guilty to an indictment charging him with Access with Intent to View Prepubescent Child Pornography. Because Blair has a prior qualifying state predicate offense, he faces a term of imprisonment of not less than ten years but not more than twenty years, a fine up to $250,000 and a term of supervised release from five years to life. Blair will also have to register as a sex offender after he is released from prison. Blair’s sentencing has been scheduled for March 17, 2017, in East St. Louis, Illinois.
The charge arose when, in May 2015, during an undercover investigation conducted by the FBI in Fairview Heights, Illinois, an Internet Protocol ("IP") address was discovered that was sharing child pornography on a peer-to-peer network. A subpoena requesting subscriber information for this IP address eventually led the FBI to Jeremy T. Blair, a registered sex offender.
On July 17, 2015, a federal search warrant was executed at Blair’s residence. Among the items seized from the home was a Compaq desktop computer. A forensic examination of the Compaq desktop computer revealed 26 videos of child pornography in the recycle bin, all of which had been downloaded on June 16, 2015, and the majority of which involved prepubescent children.
These videos had all been previewed by Blair while he attempted to download the video to his computer via a file sharing program.
The case was investigated by the Federal Bureau of Investigation’s Springfield Child Exploitation Task Force. The case is assigned to Assistant United States Attorney Angela Scott.
CFO of Local Drywall Company Pleads Guilty in Employment Tax Fraud CaseRead the Press Release
COLUMBUS, Ohio – Shannon C. Boston, 44, of Sunbury, Ohio, pleaded guilty in U.S. District court today to one count of failing to account for and pay over employment taxes to the Internal Revenue Service (IRS).
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Kathy A. Enstrom, Special Agent in Charge, Internal Revenue Service (IRS), Criminal Investigation, Cincinnati Field Office, James Vanderberg, Special Agent in Charge, the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, Brad Geary, Special Agent in Charge, United States Department of Housing and Urban Development, Office of Inspector General, and Marlon V. Miller, Special Agent in Charge, Homeland Security Investigations, announced the guilty plea entered into before U.S. District Judge Michael H. Watson.
According to court documents, in 2013, Boston was the Chief Financial Officer of Porter Drywall, Inc. Boston submitted employer’s quarterly income tax returns for the company but failed to pay over their employees’ federal withholdings and Federal Insurance Contributions Act (FICA) – which includes Social Security and Medicare withholdings amounts – for the fourth quarter of 2013, totaling $120,406.
The company’s Vice President, Robert Porter, 52, of Westerville, Ohio, was also charged in relation to this case when a federal grand jury returned an indictment on June 14 for five counts of willfully filing a false income tax return with the IRS, and one count of making a false statement.
The indictment alleges that Porter filed false personal income tax returns with the IRS for the 2009 through 2013 income tax years in which he omitted $236,064 in income, and that between June 2011 and December 2011 Porter, as a contractor for a HUD project, made false statements and representations relative to the filing of 29 false U.S. Department of Labor Forms.
"IRS Criminal Investigation realizes the detrimental consequences of employment tax evasion. It results in the loss of tax revenue to the United States government and the loss of future social security or Medicare benefits for the employees," stated Kathy A. Enstrom, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
Failing to account for and pay over employment taxes with the IRS is a crime punishable by up to five years in prison and a fine of up to $250,000.
U.S. Attorney Glassman commended the investigation of this case by the IRS, U.S. Department of Labor, U.S. Department of Housing and Urban Development, and Homeland Security Investigations, and Assistant U.S. Attorney Daniel A. Brown, who is prosecuting the case.
Buffalo 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 Antonio Eldridge, 28, of Buffalo, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 12 months in prison by U.S. District Court Judge Richard J. Arcara.
Assistant U.S. Attorney Brendan T. Cullinane, who handled the case, stated that on March 11, 2016, the Buffalo Police Department received information that the defendant, a convicted felon, had displayed a firearm to children. During this investigation, officers located Eldridge hiding in a basement crawl space of the children’s residence. Officers further recovered a Winchester Model 69A .22 caliber rifle hidden under a mattress in the residence.
The sentencing is the culmination of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan Benedict, New York Field Division.
Buffalo Man Sentenced for Committing Multiple Bank RobberiesRead 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 John Evans, 33, and Timothy Finch, 28, both of Buffalo, NY, who were convicted of RICO conspiracy, were sentenced to 188 months and 168 months in prison respectively, by U.S. District Judge Richard J. Arcara. Evans was also convicted of conspiracy to possess with intent to distribute and to distribute 280 grams or more of crack cocaine.
According to Assistant U.S. Attorneys Thomas S. Duszkiewicz and Joel L. Violanti, who handled the case, Evans and Finch were members of L.R.G.P., a violent street gang named after the East Side streets of Lombard, Rother, Gibson and Playter. On April 20, 2011, the defendants planned the murder of rival gang member Amir Chambers who was shot dead by co-defendant Fred Keys.
The defendants also sold crack cocaine from a “trap house” on Sobieski Street in Buffalo utilized by gang members. The house was run by L.R.G.P. leader Dewayne Gray who was sentenced to 188 months in prison on September 9, 2016.
The defendants are two of 19 L.R.G.P. members and associates indicted and convicted in this case. On May 8, 2015, another 11 L.R.G.P. members and associates were also indicted on crack cocaine charges. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the culmination of an investigation by Federal Bureau of Investigation’s Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Boones Mills Sentenced on Methamphetamine ChargeRead the Press Release
ROANOKE, VIRGINIA – A Boones Mills man, who conspired with others to distribute methamphetamine, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
William Morgan Jr., 34, of Boones Mills, previously pled guilty to one count of conspiring to distribute a measurable quality of methamphetamine. Today in District Court, Morgan was sentenced to 60 months in federal prison.
“Methamphetamine is a dangerously addictive substance that ruins lives and communities,” United States Attorney Fishwick said. “We must continue to stop those who traffic in this dangerous substance.”
According to evidence presented at previous hearings by Assistant United States Attorney Andrew Bassford, Morgan Jr. admitted to having packages mailed from California to his father’s address in Roanoke that contained methamphetamine. Morgan Jr. would then sell the methamphetamine and split the profits of the sales with his father, William Morgan Sr., who has also been convicted, along with others, as part of this conspiracy.
The investigation of the case was conducted by the Drug Enforcement Administration, the Roanoke City Police Department, the United States Postal Inspection Service, the Roanoke HIDTA and the Virginia State Police. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Ava Man Sentenced to 15 Years for Producing Child PornRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Ava, Mo., man was sentenced in federal court today for producing child pornography.
Brett Corcoran, 27, of Ava, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. Corcoran has been in federal custody since his arrest.
Corcoran, who pleaded guilty on March 29, 2016, admitted that he used a minor victim to produce child pornography between Jan. 1 and May 13, 2015. According to court documents, Corcoran engaged in numerous text conversations with a 14-year-old victim. He sent pornographic images of himself to her, and solicited images from the child victim.
This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the St. Mary’s County, Maryland, Sheriff’s Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Austell, Georgia, Man Sentenced to 33 Months for Possession of Counterfeit ObligationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MARQUE DESHARD THOMAS, age 41, of Austell, Georgia, was sentenced to 33 months imprisonment for POSSESSION OF A COUNTERFEIT OBLIGATION OF THE UNITED STATES, in violation of Title 18, United States Code, Section 472 and 2.
The Indictment alleged that on or about February 28, 2016, in the Eastern District of Oklahoma, the defendant, did with intent to defraud, possess counterfeit obligations and securities of the United States, which he knew to be falsely made, forged and counterfeited.
The charge arose from an investigation by the Oklahoma Highway Patrol and the United States Secret Service.
The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.
Assistant United States Attorney Timothy Hammer represented the United States.
Arrest and Indictment of Seven Individuals for Social Security FraudRead the Press Release
SAN JUAN, P.R. - On December 6, 2016, a Federal Grand Jury in the District of Puerto Rico returned five separate Indictments charging seven individuals with fraud against the Social Security Administration (SSA) disability insurance benefits in Puerto Rico, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez Vélez.
The SSA is responsible for the implementation of the Disability Insurance Benefits Program. The SSA provides monetary benefits to workers with severe, long-term disabilities, who have worked in SSA covered employment for a required length of time. Spouses and dependent children of disabled workers may also be eligible to receive benefits.
Pursuant to SSA regulations, a claimant must prove to SSA that he or she is disabled by furnishing medical and other evidence with the application. The application and supporting evidence would then be evaluated by SSA to determine the individual’s medical impairments and determine the effect of the impairment on the claimant’s ability to work on a sustained basis.
The five indictments charge seven individuals of theft of government property, concealment or failure to disclose work activity to SSA and false statements or representations to the SSA. These defendants knowingly and willfully embezzled, stole, and converted to their own use the Social Security Disability Insurance Benefit payments to which the defendants knew that they were not entitled.
Two of the seven individuals, namely, Arturo Santiago-Acevedo and Erick Malavé-Hernández, were also charged with healthcare fraud. These defendants, as part of their SSA disability benefits, became eligible, applied for and received benefits under the Medicare Program.
Once a person is receiving SSA disability benefits for 24 months he/she automatically starts receiving Part A of the Medicare Program (hospitalizations) and they become eligible to apply for Part B and C of the Medicare Program. If they decide to apply for Part B and/or C of the Medicare Program, the monthly premium is deducted from their monthly disability benefits.
The other five defendants are: Ferdinand Negrón-Candelaria, a.k.a. “Yuca;” Jorge M. Bultrón-Casas, a.k.a. “Ernesto Bultrón Casas,” a.k.a. “George Bultrón;” Nancy López-Villanueva; Aracely Amadeo-Pumarejo and Luz B. Hiraldo-Rivera. They reported during a Continuing Disability Review (CDR) that the disability beneficiary had not been able to work due to different health conditions, when in truth they were working.
“This is a great example of ongoing efforts by the Government to deter fraud against the social security programs,” said United States Attorney Rosa Emilia Rodríguez-Vélez. The Department of Justice is committed to investigate and prosecute those who engage in fraudulent schemes. Hopefully this round of arrests will discourage more people from getting involved in these types of schemes, because we will continue investigating these crimes.”
SSA-OIG Special Agent-in-Charge John Grasso said: “The Social Security Disability Insurance program is intended to support individuals truly in need of this important and earned benefit, not those who are willing to lie about their true condition to steal from the Social Security Trust Fund. I am very grateful for the efforts of all of our law enforcement partners involved in this investigation, and for the continued commitment from the United States Attorney’s Office for the Commonwealth of Puerto Rico to aggressively pursue these important cases. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”
These cases were investigated by the Social Security-OIG with the collaboration of Health and Human Services-Office of Inspector General, and the Puerto Rico Police Department and were indicted by Special Assistant United States Attorney Vanessa D. Bonano-Rodríguez.
If convicted, the defendants could face a maximum penalty of 10 years of imprisonment and/or fines of up to $250,000.00. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
Another Mexican national sentenced to federal prison for role in California-to-West Virginia drug conspiracyRead the Press Release
CHARLESTON, W.Va. – A Mexican national heavily involved in a California-to-West Virginia drug conspiracy was sentenced today to 12 years and seven months in federal prison for a drug charge, announced United States Attorney Carol Casto. Daniel Ortiz-Rivera, 24, previously pleaded guilty to conspiracy to distribute more than 50 grams of methamphetamine.
Ortiz-Rivera admitted that from January 2015 to June 2015, he was involved in a drug conspiracy with multiple individuals that included the transportation and distribution of methamphetamine. He admitted that in January 2015, he conspired to have methamphetamine delivered from California to West Virginia and supplied drugs to individuals in West Virginia. Ortiz-Rivera additionally admitted that he had methamphetamine delivered to him in West Virginia and traveled himself to California to pick up methamphetamine. From January 2015 through May 2015, he delivered at least eight pounds of methamphetamine to an individual in West Virginia. He also admitted that on June 5, 2015, he was driving from California to transport methamphetamine to Charleston and was stopped by law enforcement in Kansas. During a search of the vehicle, law enforcement discovered approximately four pounds of methamphetamine.
This prosecution is the result of a multi-agency investigation that led to an eight-count indictment implicating several defendants, some of whom have already been sentenced to prison. All of the defendants are presumed innocent unless and until proven guilty in a court of law. Kelly Newcomb, of Nevada, and Danielle Dessaray Estrada, of Los Angeles, were both sentenced to a year and a day in prison for interstate travel in furtherance of a drug crime. Marco Antonio Bojorquez-Rojas, a Mexican national residing in California, was sentenced to a year and a half in prison for interstate travel in furtherance of a drug crime.
Several of the defendants have pleaded guilty and are awaiting sentencing. Two other women who were used as mules to transport methamphetamine, Rachel Arlene Garay, of California, and Monasmith, of Nevada, pleaded guilty to interstate travel in furtherance of a drug crime. Additionally, as part of this conspiracy, Rafael Garcia Serrato, of Los Angeles, Cesar Garcia, also of Los Angeles, Velarian Sylvester Carter, of Beckley, Miguel Tafolla-Montoya, a Mexican national, and Brian Ashby, of Kanawha County, previously pleaded guilty to conspiring to distribute more than 50 grams of methamphetamine.
The FBI, Homeland Security Investigations, the United States Postal Inspection Service, the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of these prosecutions. United States District Judge John T. Copenhaver, Jr., is presiding over these cases and imposed the sentences.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Aggravated Felon Arrested on Charge of Illegal Re-EntryRead 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 Jose Manuel Salazar Estrada, 38, of Mexico, was arrested and charged by criminal complaint with illegally reentering the United States after a conviction for an aggravated felony. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Stephanie Lamarque, who is handling the case, stated that on December 7, 2016, the defendant was encountered at the Peace Bridge port of entry after getting lost and turning around on the bridge before reaching Canada. When Estrada was initially questioned, the defendant claimed to be a citizen of the United States, born in Arizona. Standard record checks revealed that Estrada is a citizen of Mexico and had been deported from the United States on five prior occasions. The most recent deportation occurred in 2015 after the defendant was convicted in Arizona of conspiracy to transport illegal aliens for profit, an aggravated felony, and banned from entering the United States for life.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and is being detained pending trial.
The criminal complaint is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Hilmey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
7 December 2016
United States Settles False Claims Act Allegations Against Orthopedic Surgery Practice for $4,488,000Read the Press Release
Jacksonville, FL – United States Attorney A. Lee Bentley, III announces today that Southeast Orthopedic Specialists (SOS), a Jacksonville, Florida-based orthopedic medical group, has agreed to pay the government $4.488 million to resolve allegations that it violated the False Claims Act.
The United States contends that it has certain civil claims against SOS arising from SOS billing federal healthcare programs for services that were not medically necessary and reasonable. Specifically, the United States contends that SOS sought reimbursement for millions of dollars of healthcare claims that were questionable. The United States alleges that these questionable bills include:
1. SOS certified that it met certain standards related to the “meaningful use” of electronic health records when the practice had, in fact, not met those standards;
2. SOS knowingly billed for certain claims as “incident to” physician supervision when no physician was present or there was no verification of any physician being present;
3. SOS knowingly billed for certain claims using Modifier 25 signifying that a separate evaluation and management service was performed even when there was no such separate service;
4. SOS knowingly billed for certain claims using Modifier 59 signifying that two procedures, rather than one, were billable even when these procedures should have more appropriately been billed as one such procedure;
5. SOS knowingly scheduled patients’ follow-up operative visits from 12 weeks following surgery to 14 weeks in an effort to bill for a separate visit outside the normal Medicare 90 days Diagnosis-Related Group charge;
6. SOS knowingly used and billed for ultrasound-guided injections routinely even in the absence of medical necessity; and
7. SOS knowingly billed for certain physical therapy claims using Modifier KX so as to exceed the Medicare cap on physical therapy, despite the absence of medical necessity.
“The United States Attorney’s Office is committed to taking the steps necessary to protect Medicare and other federal health care programs from fraud,” said U.S. Attorney Bentley. “When health care practitioners submit fraudulent claims for reimbursement, we will hold them accountable.”
“The Department of Health and Human Services, Office of Inspector General will relentlessly seek out those who defraud the Medicare program,” said Special Agent in Charge Shimon Richmond. “Obtaining tax dollars which Medicare providers are not entitled to impacts our entire healthcare system and the OIG will hold health care providers accountable who misrepresent services to boost profits.”
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.
This matter was investigated by the U.S. Department of Health and Human Services. It was prosecuted by Assistant United States Attorney Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
U.S. Attorney Sues Landlord for Refusing to Allow Disabled Tenant to Keep an Assistance AnimalRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that the United States has filed a lawsuit against 111 EAST 88TH PARTNERS, a partnership, for violating the Fair Housing Act. The Government alleges that 111 EAST 88TH PARTNERS discriminated against a disabled tenant, Gregory Reich, by failing to permit a reasonable accommodation of the tenant’s psychiatric disability.
U.S. Attorney Preet Bharara said: “We have repeatedly filed lawsuits of this sort, and will continue to do so, until housing providers understand that the Fair Housing Act plainly allows tenants with disabilities to keep assistance animals.”
As alleged in the Complaint filed in Manhattan federal court:
Reich is a statutory lessee of an apartment in a building located at 111 East 88th Street, New York, New York. Reich suffers from depression and a personality disorder, and has long suffered from chronic kidney disease. In March 2015, Reich was diagnosed with end stage renal disease, which led to a significant deterioration of his mental health and a reduced capacity to care for himself. On June 18, 2015, Reich requested a reasonable accommodation to keep an emotional support dog based on updated medical information related to his recent diagnosis of end stage renal disease. Reich attached letters from his physician and his therapist. In response, 111 EAST 88TH PARTNERS requested that Reich provide copies of all of the therapist’s notes from his sessions with Reich from May 2014 through present, and copies of Reich’s medical records and medical history. 111 EAST 88TH PARTNERS also reserved the right to have Reich examined by a physician it had selected, and to require Reich, his physician, and his therapist to appear to answer questions under oath relating to Reich’s disability and accommodation request.
Believing that 111 EAST 88TH PARTNERS’ requests for medical information were so burdensome as to constitute a denial of the reasonable accommodation request, Reich filed an administrative complaint with the U.S. Department of Housing and Urban Development (“HUD”). Upon investigation, HUD determined that there was reasonable cause to believe that the Fair Housing Act had been violated. Thereafter, 111 EAST 88TH PARTNERS elected pursuant to the Fair Housing Act to have HUD’s determination resolved in federal court.
In these circumstances, the Fair Housing Act authorizes the Department of Justice to commence an action in United States District Court on behalf of Reich. The Complaint seeks declaratory, injunctive, and monetary relief for Reich.
Mr. Bharara thanked HUD for its efforts in the investigation.
The case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorney Sharanya Mohan is in charge of the case.
Two Puerto Rico Police Officers Indicted and Arrested for Drug TraffickingRead the Press Release
SAN JUAN, P.R. – On December 1st, 2016, a federal grand jury in the District of Puerto Rico returned a two-count indictment against José Reyes-Alicea and Edgardo Meléndez-Silva, a.k.a. “Wong”, for drug trafficking, announced today Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Today’s arrests are the result of an investigation led by the FBI, with the collaboration of the Puerto Rico Police Department (PRPD).
On or about December 14, 2011, the defendants conspired to possess with intent to distribute detectable amounts of cocaine. Both defendants are also charged with carrying firearms during and in relation to a drug trafficking crime. At the time of the offense, Reyes-Alicea and Meléndez-Silva were police officers with the Puerto Rico Police Department (PRPD) assigned to the Drugs Division in San Juan.
“We expect police officers to enforce the law and protect our citizens. These two officers broke the trust we placed in them and it is our responsibility to bring them to justice,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.
Assistant U.S. Attorney Teresa Zapata-Valladares is in charge of the prosecution of the case. If convicted, the defendants face a minimum sentence of five years up to life in prison. Defendants are presumed to be innocent until and unless proven guilty.
Citizens of Puerto Rico with allegations of law enforcement corruption are encouraged to contact the FBI’s San Juan Division at (787) 754-6000.
Two Joplin Men Indicted for Armed Bank RobberyRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Joplin, Mo., men have been indicted by a federal grand jury for the armed robbery of Pinnacle Bank in Joplin.
Sean Ladue, 29, and Jimmy Eisenhour, 36, both of Joplin, were charged in a two-count indictment returned by a federal grand jury in Springfield, Mo., on Tuesday, Dec. 7, 2016.
The federal indictment alleges that Ladue and Eisenhour used a firearm to rob Pinnacle Bank, 1316 E. 32nd Street, Joplin, on Nov. 14, 2016.
Ladue and Eisenhour are also charged with using a firearm during a crime of violence.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Joplin, Mo., Police Department and the FBI.
Two Detroit Men Indicted for Robbing Springfield Jewelry StoreRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that two Detroit, Mich., men have been indicted by a federal grand jury for robbing a Springfield, Mo., jewelry store.
Mark Anthone Pitts, 32, and Justin B. Anderson, 32, both of Detroit, were charged in a two-count indictment returned by a federal grand jury in Springfield on Tuesday, Dec. 6, 2016.
The federal indictment alleges that Pitts and Anderson robbed Maxon’s Diamond Merchants, 2622 S. Glenstone Ave., Springfield, on Sept. 1, 2016. Pitts and Anderson allegedly brandished hammers and threatened and pushed employees to steal Rolex watches from the store.
The indictment also charges Pitts and Anderson with transporting stolen goods across state lines.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorneys Patrick Carney and Nhan D. Nguyen. It was investigated by the FBI and the Springfield, Mo., Police Department.
Two Albuquerque Residents Plead Guilty to Violating Federal Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Two Albuquerque residents pled guilty today to federal drug trafficking charges. Jovas Brown, 30, pled guilty to a federal methamphetamine trafficking charge and Desiree Otero, 23, pled guilty to a federal heroin trafficking charge.
Brown and Otero 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.
Brown and his co-defendant Brent Williams, 34, were arrested on July 6, 2016, on an indictment charging both with conspiracy and distribution of methamphetamine on May 16, 2016, distribution of crack cocaine on May 26, 2016, and Williams individually with distribution of methamphetamine on May 23, 2016 and June 7, 2016. During today’s change of plea hearing, Brown pled guilty to a felony information and admitted that on May 16, 2016, he distributed approximately 58.8 grams of methamphetamine.
Otero and her co-defendant Guajira Maya Lovato, 43, were charged by indictment on Aug. 9, 2016, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and distribution of heroin on July 20, 2016. Today Otero pled guilty to possession of heroin with intent to distribute and admitted that on July 20, 2016, she distributed approximately 52 grams of heroin to an undercover law enforcement agent.
At sentencing, Brown and Otero each face a maximum penalty of 20 years in federal prison. They remain in custody pending sentencing hearings, which have yet to be scheduled.
To date, 16 of the 104 defendants charged as a result of the ATF investigation have entered guilty pleas. The remaining defendants, including Brown’s and Otero’s co-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.
These case were investigated by the Albuquerque offices of ATF and DEA. The case against Brown and Williams is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns, and the case against Otero and Lovato is being prosecuted by Assistant U.S. Attorney Presiliano Torrez as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Truth or Consequences Man Sentenced to Prison for Violating Federal Narcotics Trafficking LawsRead the Press Release
ALBUQUERQUE – Thomas Kelsa Neal, 36, of Truth or Consequences, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to 100 months in prison followed by four years of supervised release for his conviction on a methamphetamine trafficking charge.
Neal was charged in a criminal complaint on Aug. 7, 2015, with possession of methamphetamine with intent to distribute in Sierra County, N.M., on Aug. 6, 2015. According to the complaint, law enforcement officers executed a search warrant at Neal’s residence where they seized approximately 438 grams of methamphetamine, large amounts of cash, drug paraphernalia, two rifles and ammunition.
On Oct. 27, 2015, Neal pled guilty to a felony information and admitted that on Aug. 6, 2015, he possessed approximately 438 grams of methamphetamine with intent to distribute to other people.
This case was investigated by the Las Cruces office of the DEA, the Sierra County Sheriff’s Office and the Truth or Consequences Police Department and is being prosecuted by Assistant U.S. Attorney Brock Taylor of the U.S. Attorney’s Las Cruces Branch Office.
Transient Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Deborah R. Gilg announced that Ozzie Scott., age 38, was sentenced by Chief United States District Court Judge Laurie Smith Camp for his conviction for failure to register as a sex offender. Scott was sentenced to 18 months of imprisonment to be followed by five years of supervised release.
Scott, a transient, was originally convicted of aggravated sexual assault of a child in Texas in 2003. In 2010, he was convicted in Texas of failure to register as a sex offender. In October of 2015, Scott came to Nebraska and began living with friends. However, he was subsequently kicked out of that residence and stayed at several different places in Omaha, but had no stable residence. During the time he was in Omaha, Scott failed to register as a sex offender with the Douglas County Sheriff’s Office.
This case was investigated by the United States Marshal’s Office.
Top Ship Engineers Receive Prison Sentences for Pollution Crimes and ObstructionRead the Press Release
Cassius Samson, 52, and Rustico Ignacio, 66, both of the Philippines, were sentenced today by U.S. District Judge Malcolm Howard for the Eastern District of North Carolina to serve jail time for obstructing a U.S. Coast Guard inspection that took place in July 2015 aboard the cargo ship Ocean Hope at the Port of Wilmington, North Carolina.
Samson was sentenced to a term of 12 months in prison followed by a year of supervised release and Ignacio to a term of nine months followed by a year of supervised release.
Ignacio was the chief engineer and Samson the second engineer of the Ocean Hope. In September 2016, both were convicted of conspiracy, violating the Act to Prevent Pollution from Ships, obstruction of justice and witness tampering, by a federal jury in Greenville, North Carolina. The evidence showed that Ignacio and Samson attempted to cover up the dumping of tons of oil sludge and machinery space bilge water into the ocean before the ship arrived in the United States. In addition, defendant Samson committed perjury at trial.
“These crewmembers egregiously violated U.S. and international pollution laws, obstructed justice and spoiled the marine waters upon which our planet and its marine life depend,” said Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division. “This case shows that polluting the ocean with oily waste and sludge will land you in jail, and that we will aggressively prosecute these serious crimes.”
“Our office was pleased to partner with the Department of Justice’s Environment and Natural Resources Division in this significant case,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina. “We will continue to vigorously enforce federal laws designed to prevent the pollution of the world’s oceans.”
Several lower-level engineering crewmembers testified at trial that Samson regularly ordered, with Ignacio’s knowledge and approval, the pumping of oily wastes into the ocean over a period of months. On at least two occasions, Samson ordered the connection of a bypass hose, or “magic pipe,” to pump tons of thick sludge directly overboard. Coast Guard inspectors and laboratory testing confirmed the presence of heavy oils in overboard discharge piping.
When the vessel arrived at the Port of Wilmington, the engineers ordered subordinates to lie to Coast Guard inspectors and to cover up evidence. Chief Engineer Ignacio presented inspectors with a doctored oil record book, in which false accountings of the ship’s production and disposal of oily wastes were recorded.
“The Coast Guard applauds the efforts of the Department of Justice and all parties involved in investigating this case,” said Coast Guard Rear Admiral Meredith Austin, commander, 5th Coast Guard District in Portsmouth, Virginia. “As an agency charged with the stewardship of the environment, we remain dedicated to detecting and preventing threats to the well-being of our nation's waters and marine resources.”
Also convicted at trial were Oceanic Illsabe Limited, the owner of the Ocean Hope, and Oceanfleet Shipping Limited, its managing operator. Both shipping companies are based out of Greece. Sentencing of the corporate defendants is scheduled for early January 2017.
This case was investigated by the U.S. Coast Guard Sector North Carolina, the Coast Guard Investigative Service and U.S. Coast Guard District Five. Civil Chief Norman Acker and Assistant U.S. Attorney Michael Anderson for the Eastern District of North Carolina provided additional expertise and assistance with the pretrial phase of the case. The attorneys prosecuting the case were Senior Trial Attorney Kenneth Nelson and Trial Attorney Brendan Selby, of the Department of Justice’s Environmental Crimes Section and Banu Rangarajan of the U.S. Attorney’s Office for the Eastern District of North Carolina.
Tony Torrez Arraigned on Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Tony Derrick Torrez, 33, of Albuquerque, N.M., was arraigned today in federal court on an indictment charging him with drug trafficking and firearms charges. Torrez waived a detention hearing and will remain in custody pending trial on the indictment, which has yet to be scheduled.
Torrez was charged in a federal criminal complaint in Oct. 2015, with possession of marijuana with intent to distribute and using and carrying firearms in relation to drug trafficking crimes. According to the complaint, Torrez committed these crimes on Oct. 21 and 22, 2015, in Bernalillo County, N.M. Torrez was subsequently charged in a five-count indictment with possessing marijuana with intent to distribute; maintaining a place for the purpose of distributing controlled substances; possession of cocaine, testosterone and its esters; possession of firearms and ammunition by an illegal drug user; and possessing firearms and ammunition in relation to a drug trafficking crime. Torrez allegedly committed these five crimes on Oct. 21, 2015, in Bernalillo County.
According to the criminal complaint, a federal investigation into Torrez began on Oct. 21, 2015, when the Albuquerque Police Department (APD) received a tip about a suspect who shot and killed a child during a road rage incident; the tipster provided a residential address for the suspect. Based on the tip, APD officers conducted surveillance at the residence where they observed a man, subsequently identified as Torrez, load items into a Toyota sedan. APD officers later conducted a traffic stop on the Toyota after a woman drove away from the residence in the Toyota. Shortly thereafter, APD officers conducted a traffic stop on a Lexus sedan that drove away from the residence and identified the driver as Torrez. APD sealed and towed the two vehicles to the APD Crime Lab.
The criminal complaint alleges that later on Oct. 21, 2015, APD executed a state search warrant at the aforementioned residence where they found shoe boxes containing U.S. currency, paraphernalia and other items consistent with the use of marijuana and a substance believed to be “wax,” a concentrated form of THC oil processed from the marijuana plant. Thereafter, the DEA executed a federal search at the residence and seized items and paraphernalia allegedly used for distributing marijuana and manufacturing THC “wax” and oil. DEA agents also seized the U.S. currency as well as documents and items allegedly confirming that Torrez resided at the residence.
On Oct. 22, 2015, DEA agents were present when state search warrants were executed on the Lexus and Toyota sedans. The Lexus allegedly contained a bag containing U.S. currency and a small amount of marijuana. The Toyota allegedly contained bags containing bulk marijuana and marijuana packaged for distribution, two revolvers, two assault rifles, ammunition, a bullet proof vest, a small amount of suspected cocaine, and drug paraphernalia. According to the criminal complaint, the U.S. currency seized from the residence and the Toyota totaled approximately $64,000.00.
If convicted on the charges in the indictment, Torrez faces the following statutory maximum penalties: five years in prison on the marijuana trafficking charge; 20 years in prison for maintaining drug-involved premises; one year in prison for possession of cocaine, testosterone and its esters; and ten years in federal prison for possession of firearms and ammunition by an illegal drug user. Torrez also faces a mandatory minimum of five years in prison if convicted of possessing a firearm in relation to a drug trafficking crime, which must be served consecutive to any other sentence imposed on the other charges.
Charges in criminal complaints and indictments are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of the DEA and Bureau of Alcohol, Tobacco, Firearms and Explosives and APD, with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.
Ten Men Face Dog Fighting and Narcotics ChargesRead the Press Release
WILMINGTON – The United States Attorney’s Office for the Eastern District of North Carolina announces that 10 North Carolina men were arrested yesterday and today in a coordinated law enforcement operation for allegedly engaging in illegal dog fighting and selling narcotics in the Onslow County area.
The following individuals were indicted in a 17-Count Indictment returned by a federal Grand Jury.
- Lewis Edmond Andrews, Jr., 41 of Maple Hill
- Ronnie Jeremy Thompson, 39 of Jacksonville
- William Jay Farrior, a/k/a “Bo”, 36 of Maple Hill
- Randall Jacob James, a/k/a “Slim”, 32 of Maple Hill
- Mark Anthony West, 52 of Jacksonville
- Leo Chadwick, 63 of Hubert
- Aaron Richardson, a/k/a “Jit”, 41 of Jacksonville
- Cedric Gerard Cook, 38 of Fayetteville
- James David Martin, 38 of Maple Hill
- James Leslie Golden, III, 46 of Ayden
Andrews, Thompson, West, Chadwick, Richardson, Cook, and Martin were charged with Conspiracy to Violate the Animal Welfare Act. The federal Animal Welfare Act makes it a felony punishable by up to five years in prison to fight dogs or to possess, train, sell, buy, deliver, receive or transport dogs intended for use in dog fighting.
According to the Indictment, as part of the conspiracy, the defendants and their co-conspirators purchased, received, bred, trained, conditioned, transported, and delivered dogs for the purpose of entering them in dog fights. The defendants and their co-conspirators placed bets on animal fighting ventures, sometimes wagering as much as $100,000 on a single fight. Golden was charged with a misdemeanor for attending two dog fights.
Andrews, Farrior, and James are charged with conspiracy to possess with intent to distribute cocaine, cocaine base (or “crack”), and heroin. West was also charged with distributing cocaine base (or “crack”) within one thousand feet of Jacksonville Senior High School in Jacksonville, North Carolina.
Upon the arrests of the defendants, search warrants were executed on four properties suspected of containing dogs and dog fighting paraphernalia. In that process, approximately 156 dogs were seized. The ASPCA® (American Society for the Prevention of Cruelty to Animals®) has been requested by authorities to take custody of and provide daily care for the dogs seized during the arrests at a temporary shelter in an undisclosed location. The ASPCA is also providing assistance with evidence collection and conducting forensic examinations of the dogs seized in the case.
The case is being investigated by the Federal Bureau of Investigation (FBI), Jacksonville Police Department, and Onslow County Sheriff’s Office. Additional assistance was provided by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Wilmington Police Department, New Hanover County Sheriff’s Office, North Carolina State Highway Patrol, North Carolina State Bureau of Investigation, the United States Department of Agriculture, and the Cumberland County Sheriff’s Office. Assistant United States Attorney Laura Howard is prosecuting the case for the government.
The charges and allegations contained in the Indictment are merely accusations. The defendants are considered innocent unless and until proven guilty in a court of law.
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News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.
Tampa Sex Offender Sentenced to 20 Years in PrisonRead the Press Release
Tampa, Florida – Chief U.S. District Judge Steven D. Merryday has sentenced Windell Holton (68, Tampa) to 20 years in federal prison for attempted enticement of a minor to engage in sexual activity, and commission of the offense as a sex-offender. The Court ordered him to forfeit a cellphone and computer that he used commit the offense. Holton pleaded guilty on August 16, 2016.
According to court documents, Holton contacted an individual online who he believed to be a 13-year-old girl and asked her to engage in sexual intercourse with him. In reality, he was communicating with an undercover federal agent. Holton had previously been convicted of attempted sexual battery in Florida.
“Thanks to the tireless efforts of our HSI special agents, this sexual predator will now be behind bars where he cannot hurt another child,” said Susan L. McCormick, special agent in charge of HSI Tampa. “HSI will continue to use our unique investigative techniques to ensure criminals like this are held accountable for their actions.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Tampa Area Resident Indicted for Threatening Sandy Hook ParentRead the Press Release
A Tampa resident is indicted for threatening a Sandy Hook parent residing in the Southern District of Florida.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Lucy Richards, 57, of Tampa, was indicted in the Southern District of Florida (Case No. 16-CR-80206) on four counts of transmitting threats in interstate commerce, in violation of Title 18, United States Code, Section 875(c). If convicted, each count carries a maximum term of five years’ imprisonment. Richards was arrested on December 5, 2016 and made her initial appearance before United States Magistrate Judge Mark Pizzo in the Middle District of Florida. Richard is scheduled for an initial appearance in Fort Lauderdale on December 19, 2016.
On December 14, 2012, the Sandy Hook School shooting occurred in Newtown, Connecticut, and resulted in the death of 20 children and 6 adults. According to the court record in this case, including allegations made at the initial hearing, on or about January 10, 2016, Richards made a series of death threats to a parent of a child killed in the Sandy Hook School shooting. The parent resides in South Florida. Richards’ believed that the school shooting was a hoax and never happened allegedly motivated her to make the charged threats.
Mr. Ferrer commended the outstanding investigative efforts of the FBI. Mr. Ferrer also thanked the U.S. Attorney’s Office for the Middle District of Florida for their assistance. The case is being prosecuted in the Southern District of Florida by Assistant United States Attorney Karen E. Gilbert.
An indictment contains mere allegations and a defendant is presumed innocent unless and until proven guilty in a court of law.
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.
Surinamese Man Sentenced in Manhattan Federal Court to More Than 11 Years in Prison for Conspiring to Import CocaineRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that EDMUND QUINCY MUNTSLAG, a citizen of Suriname, was sentenced yesterday in Manhattan federal court to 135 months in prison for conspiring to import cocaine into the United States. MUNTSLAG was convicted on March 22, 2016, after a four-day jury trial before former U.S. District Judge Shira A. Scheindlin. Sentence was imposed yesterday by U.S. District Judge Alison J. Nathan.
Manhattan U.S. Attorney Preet Bharara said: “Edmund Muntslag conspired to create a drug route for hundreds of kilograms of cocaine from his home country of Suriname to the streets of New York City. Thanks to the outstanding work of the Drug Enforcement Administration, Muntslag will join co-defendant Dino Bouterse in serving a long sentence in a federal prison.”
According to the allegations contained in the Indictment, other documents publicly filed in Manhattan federal court, and the evidence introduced at trial:
In 2013, MUNSTLAG, along with co-defendant Dino Bouterse, the son of the President of Suriname who declared himself the head of that country’s Counterterrorism Unit, conspired to sell hundreds of kilograms of cocaine to a purported Mexican cartel for importation to the U.S. In furtherance of this conspiracy, Bouterse supplied to individuals that he and MUNTSLAG believed to be representatives of the cartel, but who in fact were confidential sources working at the direction and under the supervision of the Drug Enforcement Administration (“DEA”), with genuine Surinamese passports bearing false identification information.
Approximately three weeks later, MUNTSLAG received $60,000 in cash as a payment to allow a 10-kilogram “test load” of cocaine to pass through the airport in Paramaribo, Suriname, where it was to be loaded onto a commercial airline flight concealed inside luggage. Thereafter, MUNTSLAG worked with corrupt airport employees in Suriname to send the 10-kilogram test load to Port-of-Spain, Trinidad and Tobago, from where MUNTSLAG and Bouterse believed it would be further transported and sold by the purported cartel in New York, New York. MUNTSLAG and Bouterse expected to receive proceeds from the sale of the cocaine in New York, and also expected to send additional, 100-kilogram cocaine shipments to the purported cartel using a similar method upon the successful completion of the test load.
The cocaine was seized by Trinidadian law enforcement officers, in coordination with agents of the DEA, in Port-of-Spain on July 27, 2013. MUNTSLAG was arrested in Port-of-Spain on August 29, 2013, and Bouterse was arrested in Panama City, Panama, on August 29, 2013.
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MUNTSLAG was convicted of conspiring to import five kilograms and more of cocaine into the United States. In addition to his prison term, MUNTSLAG, 33, of Suriname, was ordered to pay a $100 special assessment.
On August 29, 2014, Bouterse, 43, also of Suriname, pled guilty to attempting to provide material support to Hezbollah, a Foreign Terrorist Organization; using and carrying a firearm or during and in relation to a drug-trafficking crime; and conspiring to import five kilograms and more of cocaine into the United States. On March 10, 2015, Bouterse was sentenced principally to a term of 195 months in prison.
Mr. Bharara praised the outstanding efforts of the Special Operations Division of the DEA. Mr. Bharara also thanked the DEA’s Miami Field Division, Panama City Country Office, Port-of-Spain Country Office, and Bogota Country Office; the Government of Trinidad and Tobago; and the U.S. Department of Justice’s Office of International Affairs.
This case is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant United States Attorneys Michael D. Lockard and Andrew DeFilippis are in charge of the prosecution.
Stroudsburg Man Pleads Guilty to Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that a James King, age 48, of Stroudsburg, Pennsylvania, pleaded guilty today to possession with intent to distribute heroin, before Senior U.S. District Court Judge A. Richard Caputo in Wilkes-Barre.
According to United States Attorney Bruce D. Brandler, the defendant, James King, admitted to possessing with the intent to distribute approximately 60 grams of heroin which is the equivalent of 2,000 retail bags of heroin. The heroin was found in his vehicle and residence in September of 2016.
According to the terms of the plea agreement, both the government and the defendant have agreed to recommend to the court that King be sentenced to 14 years in prison. Judge Caputo scheduled sentencing for April 17, 2017.
King was indicted by a federal grand jury in Scranton in October 2016, as a result of an investigation by the Drug Enforcement Administration and the Stroud Area Regional Police Department. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Stoughton Man Sentenced for Serial Bomb ThreatsRead the Press Release
BOSTON – A Stoughton man was sentenced today in U.S. District Court in Boston for emailing bomb threats to multiple schools and universities in three different states.
Anthony Rae, 25, was sentenced by U.S. District Court Judge Indira Talwani to time served, approximately 17 months, in prison and three years of supervised release. In October 2016, he pleaded guilty to five counts of sending bomb threats.
Over the course of nine months, Rae used several different email accounts to send bomb threats to educational institutions in three different states. In October 2014 Rae sent two emails from a Gmail account he created threatening to bomb an elementary school in Chicago, Ill., and several public schools in Norwood, Mass. Subsequently, Rae hacked his mother’s Hotmail account and used it to send two separate bomb threats to his own school – ITT Technical Institute in Norwood.
In June 2015, law enforcement officers obtained a search warrant for Rae’s residence and seized numerous electronic devices. The following day, Rae used a computer available to tenants in his apartment complex to send a bomb threat to Rhode Island College in Providence. On June 19, 2015, he was arrested and charged in state court for the Massachusetts’ threats and in October 2015, Rae was charged federally.
United States Attorney Carmen M. Ortiz and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. This case was also investigated by the Chicago Police Department’s Arson Section, Norwood and Stoughton Police Departments, Rhode Island State Police Computer Crimes Unit, and the Rhode Island College and North Carolina State University Campus Police Departments. Significant assistance was also provided by the Massachusetts Metropolitan Law Enforcement Council’s Cyber Crimes Unit and the Norfolk District Attorney’s Office. Assistant United States Attorney Jordi de Llano of Ortiz’s Criminal Division prosecuted the case.
South Miami Hospital Agrees to Pay the United States $12 Million to Settle False Claims Act AllegationsRead the Press Release
South Miami Hospital, a not-for-profit regional hospital located in South Miami, Florida has agreed to pay the United States approximately $12 million to settle allegations that it violated the False Claims Act by submitting false claims to federal healthcare programs for medically unnecessary electrophysiology studies and other procedures allegedly performed by John R. Dylewski, M.D., at South Miami Hospital.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Miami Region, John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office, and Scott Rezendes, Special Agent in Charge, Office of Personnel Management, Office of Inspector General (OPM-OIG), made the announcement.
“This settlement shows our continued resolve to pursue institutional providers who turn a blind eye to the systematic overutilization of medical procedures and inflated billing practices resulting in significantly increased costs to the federal government,” said Wifredo A. Ferrer, United States Attorney for the Southern District of Florida.
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program known as TRICARE,” said DCIS Special Agent in Charge John F. Khin. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our warfighters, their family members, and military retirees.”
“Performing medically unnecessary heart procedures is shocking to the conscience,” said Shimon R. Richmond, HHS-OIG Miami Special Agent in Charge. “Conducting cardiac catheterizations purely for profit, not patient care, seriously breaches the “do no harm” commitment physicians pledge. Together with our law enforcement partners, we will seek out, stop these practices and protect the Medicare patients who are victimized by physicians participating in these schemes.”
“It is absolutely unconscionable that anyone in the medical profession would place profit above a patient’s health and well-being,” said OPM-OIG Special Agent in Charge Rezendes. “We remain firmly committed to ensuring that Federal employees, annuitants, and their families are protected and that such unscrupulous behavior is identified and stopped.”
The allegations arose from a lawsuit filed by two whistleblowers, James A. Burks, M.D., and James D. Davenport, M.D., under the qui tam provisions of the False Claims Act. Relator Burks is a board-certified vascular surgeon and medical doctor who began his practice as a vascular surgeon at South Miami Hospital in 2003. Relator Davenport is a board-certified cardiologist and medical doctor, who was an active member of various peer review committees at South Miami Hospital between 2010 and 2014. Under the False Claims Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Drs. Burks and Davenport will receive approximately $ 2,748,500 from the recovery announced today.
According to court documents, plaintiffs claimed to have personal knowledge of Dr. Dylewski and South Miami Hospital engaging in a number of unnecessary cardiac procedures, including echocardiograms, electrophysiology studies, head upright tilt tests, and other treatments of arrhythmia by ablation, cryoablation, or implantation of an electronic device, for the sole purpose of increasing the amount of physician and hospital reimbursements paid by Medicare and other federally-funded programs.
The settlement was the result of a coordinated effort by the United States Attorney’s Office for the Southern District of Florida, HHS-OIG, DCIS, and OPM-OIG. The case was investigated and the settlement negotiated by Assistant U.S. Attorney John C. Spaccarotella.
The case is captioned United States of America ex. rel. James A. Burks, M.D. and James D. Davenport, M.D. v. John R. Dylewski, M.D., et al., Case No. 14-CV-22079 (S.D. Fla.). The claims settled by the lawsuit are allegations only, and there has been no determination of liability.
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.
Shreveport man sentenced to 14 years in prison for selling methamphetamine at casinoRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Shreveport man was sentenced to 168 months in prison Tuesday for selling methamphetamine while staying at a Bossier City casino.
Kenvalleno Dixon, 33, of Shreveport, was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of distribution of methamphetamine. He was also sentenced to five years of supervised release. According to the July 11, 2016 guilty plea, Dixon was identified as a seller in a methamphetamine trafficking enterprise at a Bossier City, La., casino. Dixon was observed on June 25, 2015 meeting someone in the lobby of the casino and then bringing the person up to a room on the ninth floor where Dixon sold 26.6 grams of methamphetamine for $900. Dixon was not an employee of the casino.
The DEA conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
San Jose Gang Member Sentenced to 19 Years in Prison for Trafficking Crystal Methamphetamine and Possessing GunsRead the Press Release
SAN JOSE – Eduardo Arriaga, AKA “Moreno,” was sentenced yesterday to 228 months (19 years) in prison for trafficking crystal methamphetamine and using a firearm during his narcotics trafficking operation, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence was imposed by the Honorable Edward J. Davila, U.S. District Judge, after a federal jury convicted Arriaga in December 2015 of the methamphetamine distribution and firearms charges.
Arriaga, 41, of San Jose, was the eighth defendant sentenced in a proactive operation by the FBI’s Santa Clara County Violent Gang Task Force targeting gang members selling methamphetamine in Santa Clara County. According to the evidence presented at trial, Arriaga has been a Sureño gang member for over 20 years. On April 29, 2012, Arriaga possessed a pound of crystal methamphetamine and sold a half-ounce of it to a confidential informant working for the FBI. Arriaga, believing the confidential informant was a Sureño gang member from Southern California, conducted the drug deal out of his garage in San Jose while armed with a handgun. Approximately two months later, in the same garage, the confidential informant witnessed Arriaga with approximately a half-pound of additional crystal methamphetamine and saw Arriaga sell a portion of the methamphetamine to another Sureño gang member. During that drug deal, Arriaga had two different handguns in his garage.
Arriaga was indicted on July 31, 2013, and charged with one count of distributing methamphetamine, in violation of 21 U.S.C. § 841, and one count of possessing firearms in furtherance of his drug trafficking activities, in violation of 18 U.S.C. § 924(c). After a one-week trial, a jury convicted him of both counts. In reaching its verdict, the jury found that Arriaga possessed 50 grams or more of crystal methamphetamine with the intent to distribute it.
In addition to Arriaga’s prison term, Judge Davila imposed a five-year term of supervised release and a $200 special assessment.
Arriaga’s indictment was part of the FBI’s crackdown on Sureño gangs in Santa Clara County. The FBI’s investigation into these gangs culminated in eight separate indictments alleging the distribution and conspiracy to distribute methamphetamine throughout Santa Clara County. The defendants charged in the crackdown include the following: (1) the reputed “matriarch,” of 8th Street Gilroy (Maria Salinas); (2) the co-conspirator mother and daughter combination associated with the Sureño gang “Varrio Sur Town” (Laura Garcia and Vanessa Pulido), and (3) known members of the Sureño gangs “Colonias,” “Varrio Mexicanos Locos,” “Poco Way,” and “Varrio Paisanos Locos.” The status of the matters against these additional defendants is as follows:
Defendant
Charges
Docket Number
Sentence
LAURA GARCIA
a/k/a “Blinky”
Distribution of Methamphetamine and Conspiracy to Distribute Methamphetamine
CR 13-00508 LHK
9/24/14
65 months
VANESSA PULIDO
a/k/a “Bunny”
Distribution of Methamphetamine and Conspiracy to Distribute Methamphetamine
CR 13-00508 LHK
12/9/14
24 months home detention
RAFAEL MEDINA
a/k/a “Conejo”
Distribution and Conspiracy to Distribute Methamphetamine
CR 13-00507 LHK
10/22/14
75 months
RAUL VALLE MORFIN a/k/a “Green Eyes”
Distribution of Methamphetamine
CR 13-00509 DLJ
6/19/14
78 months
JESUS QUINONES
a/k/a “Canas”
Distribution of Methamphetamine
CR 13-00503 DLJ
10/9/14
60 months
JAIRO QUINTANA
a/k/a “Hido”
Distribution of Methamphetamine and Conspiracy to Distribute Methamphetamine
CR 13-00506 LHK
7/23/14
70 months
MARIA SALINAS
a/k/a “Grumpy”
Distribution of Methamphetamine
CR 13-00504 LHK
6/4/14
26 months
Assistant United States Attorneys Marissa Harris and Stephen Meyer prosecuted the case with the assistance of Nina Burney, and Ryka Barghi. The case is the result of an investigation by the FBI.
Ravenna Man Sentenced to 11 Years for Receiving Child PornographyRead the Press Release
Jason Nielson, 23, of Ravenna, Nebraska, was sentenced in federal court in Lincoln for receiving child pornography. The Honorable John M. Gerrard, United States District Court Judge, sentenced Nielson to 11 years of imprisonment. There is no parole in the federal system. After his release from prison, Nielson will begin a 12-year term of supervised release.
After his release from the Nebraska Penitentiary, Nielson began a Facebook and texting relationship with a 14-year-old girl. The girl was known to him through an acquaintance. On February 8, 2015, Nielson sent the minor an inappropriate picture. The minor reciprocated by sending him a sexually explicit photo. He then asked for and received another.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Nebraska State Patrol.
Probation Technician Sentenced to PrisonRead the Press Release
United States Attorney Deborah R. Gilg announced that on December 7, 2016, Senior United States District Judge Richard G. Kopf sentenced Victor Ramirez, 25, of Lexington, Nebraska, to 18 months in federal prison for the felony offense of taking bribes to engage in certain actions connected with his state employment. Upon his release from prison, Ramirez will serve two years on supervised release.
Victor Ramirez was a drug technician for the Nebraska State Probation Office in Lexington, Nebraska. Between August 25, 2015, and December 16, 2015, he received approximately $2,000 - $2,400 from an offender who was on probation and being supervised by the Lexington state probation office. In return for the money Ramirez provided the offender with information, and falsified drug test results. The offender and Ramirez were life-long friends, and on several occasions Ramirez reported that the offender had passed a drug screening test when in fact no such test had been administered. On several other occasions Ramirez supplied information to the offender regarding whether other persons were the subject of state criminal investigations, and information pertaining to how other persons had posted bond to be released from jail.
This case was investigated by the Nebraska State Patrol and the Federal Bureau of Investigation.
Press Notice -“Home Front”: 7th Circuit Solicitor Barry Barnette launches a multi-disciplinary task force to take on domestic violenceRead the Press Release
Contact Person: Lance Crick (864) 282-2100
SPARTANBURG, South Carolina ---- In a courtroom filled with local, state, and federal law enforcement, as well as representatives from SAFE Homes and State Probation, 7TH Circuit Solicitor Barry Barnette, with the support and partnership of the U.S. Attorney’s Office, officially launched the state’s newest and, to date, its only focused deterrence-based effort to combat domestic violence, “Home Front”.
Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence.
The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.
In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
Acting United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D).
For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.
Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver. “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”
Home Front Task Force:
City of Spartanburg Police Department
City of Campobello
City of Pacolet Police Department
City of Chesnee Police Department
City of Cowpens Police Department
City of Duncan Police Department
City of Greer Police Department
City of Inman Police Department
City of Landrum Police Department
City of Lyman Police Department
City of Wellford Police Department
City of Woodruff Police Department
Spartanburg County Sheriff’s Office
Greenville-Spartanburg International Airport Police Department
Victim Advocates
Victim Services Providers
Behavioral Health
SC Dept. of Probation, Pardon and Parole Services
U. S. Attorney's Office, District of South Carolina
Bureau of Alcohol, Tobacco and Firearms
Seventh Circuit Solicitor’s Office
SAFE Homes
Children’s Advocacy Center of Spartanburg, Cherokee, & Union
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Portsmouth Man Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
NORFOLK, Va. – Joseph Downing Barnes Jr., 26, of Portsmouth, was sentenced today to 108 months in prison for distribution of child pornography, as well as 25 years of supervised release.
Barnes pleaded guilty on August 31. According to court documents, Barnes was arrested on August 3, for trading child pornography on the internet. In October 2015, Justin Clark was arrested for trading child pornography using the KIK application on his phone. The forensic examination of Clark’s cell phone revealed he regularly traded child pornography with others using KIK, including Barnes. During the investigation of Barnes, his phone was seized and revealed 74 videos and four images of child pornography. In addition to the phone and the email account, his other online accounts contained images of child pornography. Clark was sentenced separately to six years in prison.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after sentencing by U.S. Chief Judge Rebecca Beach Smith. Assistant U.S. Attorney Elizabeth M. Yusi prosecuted the case.
This investigation was a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-120.
Pocatello Man Sentenced for Failing to Register as a Sex OffenderRead the Press Release
BOISE - Corry Blackmoon Bischoff, 39, of Pocatello, Idaho, was sentenced yesterday in United States District Court to 33 months in prison followed by 5 years of supervised release for failing to register as a sex offender, U.S. Attorney Wendy J. Olson announced. Bischoff pleaded guilty on September 13, 2016.
According to the plea agreement, Bischoff was convicted of rape in Madison County, Idaho in 1997. As a result of the conviction, Bischoff was required to register and update his registration under the Sex Offender Registration and Notification Act (SORNA). Bischoff last registered as a sex offender in Idaho in August of 2013. In September of 2013, the State of Idaho Commissions of Pardons and Parole issued a warrant for Bischoff’s arrest for violating his parole conditions. On January 4, 2016, officers with the Vancouver, Washington police arrested Bischoff on the State of Idaho parole warrant. Bischoff had not updated his registry in Idaho prior to moving to Washington, and had not registered as a sex offender in the State of Washington.
The case was investigated by the United States Marshals Service (USMS), and the Idaho Department of Correction, Bureau of Probation and Parole.
Panamanian National Sentenced for False Statement in a Passport Application and Reentry of Removed AlienRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CAROL JOHN, a/k/a INES ISABEL RUIZ, a/k/a CAROL ATKINS (JOHN), age 56, a citizen of Panama, was sentenced after previously pleading guilty to a two-count Indictment for making a false statement in an application for a U.S. passport and reentry of a removed alien.
U.S. District Judge Ivan L.R. Lemelle sentenced JOHN to time served. JOHN was also sentenced to 2 years of supervised release, and a $200 special assessment. JOHN will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court records, on or about March 4, 2016, JOHN submitted a false passport application using a fraudulent birth certificate. Further, JOHN was found in the United States after having been officially deported. She was ordered removed and deported on or about May 24, 1996, after having been convicted of a felony drug offense.
U.S. Attorney Polite praised the work of the United States Diplomatic Security Service in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
Old Saybrook Resident Charged with Additional Tax CrimesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that a federal grand jury in New Haven has returned a six-count superseding indictment charging DAVID ADAMS, 56, of Old Saybrook, with additional tax offenses.
On May 3, 2016, the grand jury returned an indictment charging ADAMS with one count of tax evasion and one count of filing a false tax return for the 2011 tax year. The superseding indictment, which was returned yesterday, charges ADAMS with filing a false tax return for the 2009 tax year, filing a false tax return and tax evasion for the 2011 tax year, filing a false tax return and tax evasion for the 2012 tax year, and attempting to interfere with the administration of the tax laws.
As alleged in the superseding indictment, in the early 1980s, and then continuing from 1996 onward, ADAMS was substantially delinquent in filing his tax returns and paying amounts owed to the IRS. Starting at least as early as 1998, ADAMS repeatedly engaged with IRS collections officers tasked with trying to get ADAMS into compliance with the tax laws. Although he was repeatedly advised by IRS collections officers about his obligations to pay estimated taxes, ADAMS continually failed to pay those taxes on time or in sufficient amounts.
The indictment further alleges that ADAMS sold an online floral business in 2002, which accounted for a significant portion of $6,269,960 in taxable income he claimed on his 2002 tax return. Although ADAMS represented to the IRS in August 2003 that he was enclosing payment of $1,250,000, no such payment was enclosed and ADAMS never made the payment.
It is further alleged that ADAMS engaged the services of a certified public accountant to prepare his personal tax returns beginning in approximately 1993, and then repeatedly failed to give the accountant complete, accurate information. For example, for the 2009 tax year, ADAMS told his accountant that he had made $550,000 in estimated tax payments when, in fact, ADAMS knew he had only paid $425,000. Similarly, in 2011, ADAMS told his accountant that he had made $220,000 in estimated tax payments, but knew that he had only made $100,000.
The indictment further alleges that, in June 2011, ADAMS sold his partnership interest in another online floral business and received $4,708,419.20 wired into his personal bank account as part of the net proceeds owed to him as a result of the sale. Although he knew that he owed substantial taxes on that amount, ADAMS engaged in a number of affirmative acts to conceal and attempt to conceal this income in order to evade the assessment of a tax including: (1) failing to tell his accountant about the $4,708,419.20 in income ADAMS received in 2011; (2) providing the accountant with false information about ADAMS’s estimated tax payments for the year, telling the accountant that he had paid $220,000 when in fact, ADAMS knew he had only paid $100,000 in estimated taxes for 2011; (3) causing the accountant to prepare his 2011 tax return with false and fraudulent information; and (4) representing to an IRS revenue officer who was responsible for collecting ADAMS’s delinquent tax payments and securing ADAMS’s overdue tax returns, that he had hoped to have funds to pay down his back tax liability (including tax liability associated with the 2002 sale), but that nothing had been “panning out.” ADAMS failed to disclose to the revenue officer that he had received $4,708,419.20 in cash less than three weeks earlier.
It is alleged that, in June 2012, ADAMS received an additional $1,320,609.59 into his personal bank account as net proceeds of the 2011 sale. Although he knew that he owed substantial taxes on that amount, ADAMS failed to disclose the income to his accountant, and failed to declare it on his tax return for that year.
As further alleged in the superseding indictment, ADAMS engaged in a more than 16-year effort to inhibit the IRS’s efforts to collect back taxes from him. Among other things, ADAMS bounced checks to the IRS; told IRS collections officers that payment had been sent when it had not; promised to pay delinquent tax liabilities in full and then delayed payment, made only partial payment, failed to pay at all, or paid off one liability while leaving another liability unpaid; claimed that he lacked funds to pay his delinquent tax but failed to disclose that he had access to enough cash to fully pay back his tax liabilities; filed false and fraudulent returns with the IRS; overstated the amounts of estimated taxes paid to the IRS, and failed to declare more than $6 million in income to the IRS.
The indictment charges ADAMS with two counts of tax evasion, three counts of making and subscribing a false tax return, and one count of attempting to interfere with the administration of the IRS laws. Each tax evasion offense carries a maximum term of imprisonment of five years, each count of filing a false tax return carries a maximum term of imprisonment three years, and the interference charge carries a maximum term of imprisonment of three years.
ADAMS was arrested on a federal criminal complaint on April 14, 2016, and is released on a $500,000 bond secured by real property.
As of May 2016, ADAMS owed approximately $4.6 million in back taxes, interest and penalties for tax years 2002, 2006, 2007, 2008, 2009, 2011, and 2012. Interest and penalties have continued to accrue since that time.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter has been investigated by the Internal Revenue Service, Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Susan L. Wines.
Novato Man Sentenced to 84 Months’ Imprisonment for Receiving Child PornographyRead the Press Release
SAN FRANCISCO – Patrick Harvey was sentenced today to 84 months in prison for receiving child pornography announced United States Attorney Brian J. Stretch and Federal Bureau of Investigations Special Agent in Charge John F. Bennett.
Harvey, 30, of Novato, Calif., pleaded guilty on September 14, 2016, to receipt of visual depictions of minors engaging in sexually explicit conduct. In July 2014, Harvey used Facebook to contact a girl he eventually learned was fifteen years old at that time, and he persuaded her to create sexually explicit images of herself and send them to him. Harvey saved the images on his cell phone. Moreover, Harvey possessed more than 500 sexually explicit files of minors to include videos and images, some of which included depictions of pre-pubescent minors under the age of 12. Harvey also sent images of child pornography to another individual via text message.
A federal grand jury indicted Harvey on December 1, 2015, charging him with possession of child pornography, in violation of 18 U.S.C. § 2252; receipt of child pornography, in violation of 18 U.S.C. § 2251; and distribution of child pornography, in violation of 18 U.S.C. § 2252. Harvey pleaded guilty to the receipt charge.
The sentence was handed down by the Honorable Maxine M. Chesney, U.S. District Judge. In addition to the prison term, Harvey was ordered to serve a ten-year period of supervised release, including conditions prohibiting his use of computers and Internet, prohibiting him from frequenting locations where children may be present, and requiring him to submit to searches upon request of law enforcement, among other conditions. Harvey will begin serving the sentence immediately.
Assistant U.S. Attorney Sarah Hawkins is prosecuting the case with the assistance of Maria Sunga. The prosecution is the result of an investigation by the FBI.
North Platte Man Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
William L. Jones, 31, of North Platte, Nebraska, was sentenced in federal court in Lincoln for conspiring to distribute child pornography. The Honorable Richard G. Kopf, Senior United States District Court Judge, sentenced Jones to 9 years of imprisonment. There is no parole in the federal system. After his release from prison, Jones will begin a ten-year term of supervised release.
Jones’s girlfriend, Rayanne Paulman, sent a number of sexually explicit images of prepubescent children over Facebook messenger to Jones. A search warrant was executed at their residence on December 11, 2015. Forensic analysis of the digital devices revealed six videos of child pornography. Some of these images had been distributed between Jones and Paulman. In addition to the images, text messages were exchanged. Those messages involved discussions about the child pornography and other messages discussed certain children known to the two of them that they could sexually abuse. Paulman was sentenced on October 13, 2016. She also received a sentence of 9 years and 10 years of supervised release.
This case was investigated by the North Platte Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Norteno Gang Members Sentenced to Federal PrisonRead the Press Release
BOISE – Mateo Salome Espinoza, 20, of Nampa, Idaho was sentenced to 51 months in federal prison yesterday for the crime of unlawful possession of ammunition, U.S. Attorney Wendy J. Olson announced. Following his term of imprisonment, he will have to serve three years of supervised release. A federal grand jury indicted Espinoza and his brother Juan on April 12, 2016.
According to the plea agreement, on February 4, 2016, officers conducted a probation search of Juan and Mateo Espinoza’s residence in Nampa, Idaho. Juan Espinoza had posted several photographs and videos on Facebook of himself around firearms. Both Juan and Mateo Espinoza were on felony probation and prohibited from possessing firearms and ammunition. Mateo Espinoza had been convicted in Canyon County for the crime of aggravated assault and Juan Espinoza had been previously convicted of burglary. Inside the residence, officers found ammunition in each man’s bedroom. During the search, Mateo arrived at the residence and was arrested on an outstanding Canyon County warrant. He was searched and two hypodermic needles were found in his pockets. His cell phone was also searched and numerous text messages were found showing that he had recently been trying to sell a 45 caliber firearm. Both men admitted to possessing the ammunition found inside their bedrooms. Juan Espinoza entered a guilty plea on August 2, 2016 and was sentenced to 30 months in prison on October 19, 2016.
This case is the result of a joint investigation by the Treasure Valley Metro Violent Crime Task Force, the Organized Crime and Drug Enforcement Task Force (OCDETF) and the Nampa Police Department. The Treasure Valley Metro Violent Crime Task Force is comprised of federal, state and local agencies, including the Federal Bureau of Investigation; Bureau of Alcohol, Tobacco, Firearms and Explosives; Boise Police Department; Ada County Sheriff’s Office; Caldwell Police Department; Nampa Police Department; Meridian Police Department; Canyon County Sheriff’s Office; and Idaho Department of Probation and Parole. The Organized Crime and Drug Enforcement Task Force (OCDETF), 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.
This case was being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
Nine More Defendants Indicted for $1 Million Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced today that nine more defendants have been indicted by a federal grand jury for their roles in a $1 million conspiracy to distribute at least 30 kilograms of methamphetamine, bringing the total number of defendants to 15 in an investigation that was initiated with an arrest by Buchanan County, Mo., sheriff’s deputies in St. Joseph, Mo.
Jake Ian Nixon, 19, Aaron Randall Stull, 51, and Michelle Vanne Gray, 49, all of Springfield, Mo.; Jarub Ray Baird, 27, of Carthage, Mo.; Breann Nicole Hall, 25, of Ozark, Mo.; Lanny Eugene Ham, 26, of Bakersfield, Calif.; Cindy Ann Nevatt, 62, of Gulf Shores, Ala.; and Autumn Sky Provience, 23, and Tara L. Harken, 44, both of Marion, Ill., were charged in a seven-count superseding indictment returned by a federal grand jury in Kansas City, Mo., on Nov. 17, 2016. The superseding indictment replaces the original indictment returned on April 21, 2016, and includes additional charges.
The superseding indictment adds Nixon, Stull, Gray, Baird, Hall, Ham, Cindy Nevatt, Provience and Harken to the original conspiracy charge against Michael Ryan Nevatt (the son of Cindy Nevatt), 26, Kara Rene Baze, 23, and Scott Bryan Sands, 51, all of Springfield, Kenneth Bryant Lake, 55, of Strafford, Mo., Jerry Lee Brown, 43, of Lebanon, Mo., and Travis Lee Bethel, 45, of Urbana, Mo.
The federal indictment alleges that all 15 co-defendants participated in a conspiracy to distribute methamphetamine from Jan. 1, 2014, to Nov. 17, 2016. The indictment also contains a forfeiture allegation, which would require all of the defendants (jointly and severally) to forfeit to the government $1,060,070, which represents the proceeds of drug trafficking based on a conservative average street price of $1,000 per ounce of 90 percent pure methamphetamine and the total conspiracy distribution of at least 30 kilograms of methamphetamine.
All of the defendants are also charged in a money-laundering conspiracy. They allegedly conducted financial transactions which involved the proceeds of unlawful activity in order to promote the drug-trafficking conspiracy, to conceal the nature, source, location, ownership, and control of drug-trafficking proceeds and to avoid bank reporting requirements.
For example, the indictment alleges that Michael Nevatt purchased $13,000 in chips at the Grand Casino of Biloxi. The indictment also alleges that Michael Nevatt spent $16,000 to purchase a 2003 Corvette. Michael Nevatt is charged with three counts of money laundering related to these transactions.
In addition to the drug-trafficking and money-laundering conspiracies, Michael Nevatt is charged with Cindy Nevatt and Provience in a conspiracy to possess and use various firearms during and in relation to the conspiracy to distribute methamphetamine.
Michael Nevatt, Provience and Nixon are also charged together in one count of possessing firearms in furtherance of a drug-trafficking crime. They allegedly possessed a loaded Colt .32-caliber handgun, a .22-caliber handgun, a loaded Kahr Arms 9mm semi-automatic pistol, a loaded Raven .25-caliber semi-automatic handgun, and a loaded Bond Arm .45-caliber semi-automatic handgun.
According to the affidavit filed in support of the original criminal complaint, a cooperating defendant was arrested by Buchanan County, Mo., sheriff’s deputies in St. Joseph, Mo., on July 20, 2015. The cooperating defendant, who was in possession of approximately 500 grams of methamphetamine and $5,000, allegedly identified Michael Nevatt as his source. The cooperating defendant also told investigators that s/he accompanied Michael Nevatt to Dallas, Texas, on multiple occasions to obtain multiple-pound quantities of methamphetamine, which was then transported back to Missouri for distribution.
According to the affidavit, Michael Nevatt was the middle man between Mexican methamphetamine suppliers and southern Missouri distributors. A second confidential informant told investigators that s/he had traveled to Dallas, Texas, with Michael Nevatt to pick up pound levels of methamphetamine approximately 20 to 30 times between October 2014 and July 2015. The methamphetamine allegedly was transported back to Springfield for distribution.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades. It was investigated by the Buchanan County Drug Strike Force, the Buchanan County, Mo., Sheriff’s Department, the Springfield, Mo., Police Department, the Lake Area Narcotics Enforcement Group, the U.S. Postal Inspection Service, the Drug Enforcement Administration and IRS-Criminal Investigation.
New Orleans Man Sentenced to 15 Years for Cocaine DistributionRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JEFFREY WILSON, age 31, of New Orleans, was sentenced today after previously pleading guilty to two counts of distributing cocaine hydrochloride and cocaine base or "crack."
U.S. District Judge Kurt D. Engelhardt sentenced WILSON to 180 months of incarceration to be followed by 5 years of supervised release and a $200 special assessment.
According to court documents, WILSON made a sale of cocaine hydrochloride on May 13, 2014, to two confidential informants working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the area near the former Melpomene Housing Development near Martin Luther King Boulevard. WILSON later made a second sale of cocaine base or crack on May 30, 2014, to the same two informants.
U.S. Attorney Polite praised the work of the ATF in leading this investigation along with members of the NOPD led Multi-Agency Gang Unit (MAG UNIT). Assistant U.S. Attorneys Edward Rivera, Maurice Landrieu, Jr., Nolan Paige and Nicholas Moses were in charge of the prosecution.
New Milford Loan Shark Pleads GuiltyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JAMES BRODERICK III, 58, of New Milford, pleaded guilty today in New Haven federal court to a federal extortion charge.
According to court documents and statements made in court, in late December 2015 to early January 2016, BRODERICK lent an individual approximately $1,500 with an understanding that the individual was required to pay BRODERICK $1,500, plus an additional $500 in interest, within four days of the initial loan. When the individual failed to pay the loan within four days, BRODERICK asked Howard Hammer to assist him in collecting on the loan. Hammer then sent text messages to the victim that threatened harm to the victim if he failed to pay his debt. Hammer took screen shots of the threatening text messages and forwarded them to BRODERICK. BRODERICK and Hammer also discussed taking the victim’s car either as payment for the debt or as punishment for failure to pay the debt.
On January 25, 2016, the victim suffered permanent bodily injury in connection with this conduct.
BRODERICK also made several extortionate loans to a second victim. When the victim was unable to repay the usurious interest amounts, which were at least 10 percent of the principal per week, BRODERICK repeatedly threatened to use force to collect the debt. Over the course of three years, BRODERICK collected more than $20,000 in interest payments from this second victim.
BRODERICK pleaded guilty to one count of conspiracy to participate in the collection and attempted collection of an extension of credit by extortionate means, which carries a maximum term of imprisonment of 20 years and a fine of up to $250,000.
BRODERICK is scheduled to be sentenced by U.S. District Judge Janet Bond Arterton on March 1, 2017.
BRODERICK and Hammer were arrested on May 27, 2016. BRODERICK is released on a $200,000 bond.
Hammer, of New Milford, pleaded guilty to the same charge on December 2, 2016. He awaits sentencing, and has been detained since his arrest.
This matter is being investigated by the FBI Violent Crime Task Force, New Milford Police Department and Connecticut State Police Western District Major Crime Squad. The case is being prosecuted by Assistant U.S. Attorney Tracy Lee Dayton.
New Hampshire to Receive $1.3 Million Grant for Combating Human TraffickingRead the Press Release
Concord, N.H.— United States Attorney Emily Gray Rice and core team partners from the Manchester Police Department, Child and Family Services, Immigration and Customs Enforcement (ICE) - Homeland Security Investigations and Give Way to Freedom announced a grant of $1.3 million from the United States Department of Justice that will support the efforts of the New Hampshire Human Trafficking Collaborative Task Force as it works to formalize and enhance existing efforts, and build statewide capacity to combat human trafficking.
With this grant the Collaborative aims to create comprehensive and specialized services for all victims of human trafficking, investigate and prosecute sex and labor trafficking cases, and support data collection and analysis that will help guide the state in developing best practices for an informed response.
United States Attorney Emily Gray Rice said, “This grant brings much-needed funding that will substantially enhance our ability to pursue human trafficking investigations and prosecutions in the future. The United States Attorney’s Office is committed to working with our law enforcement and community partners to identify and prosecute individuals who are engaged in human trafficking. We will work tirelessly to bring these criminals to justice in a way that is sensitive to the needs of the victims of this very serious crime.”
“Fundamental to the Collaborative’s efforts is the understanding that human trafficking impacts vulnerable people and populations, and any true response must include support to prevent and address vulnerability in whatever form it may take,” explained Erin Albright, Regional Program Director of Give Way to Freedom.
“In order to effectively investigate human trafficking, we must give primary consideration to the needs of the victim. A victim who can tell their story and testify as a competent witness is key to a successful human trafficking investigation and prosecution. Unless we can address the needs of the victim – whether that be by facilitating long-term care, or by assisting with potential immigration benefits – our efforts to hold traffickers responsible will be hindered. To this end, combatting human trafficking requires a multi-disciplinary approach, as we have established here in New Hampshire,” added Matt Etre, Special Agent in Charge (SAC), HSI Boston.
“We’ve seen first-hand how trafficking, both sex and labor, is impacting people of all ages here in New Hampshire, especially those in vulnerable or marginalized circumstances,” says Erin Kelly, Runaway & Homeless Youth program director at Child and Family Services. “This collaborative will serve as a powerful first step and formidable force against human trafficking in New Hampshire."
Chief Nick Willard, Manchester Police Department said, "The Manchester Police Department is proud to be a part of this Collaborative Task Force that will address Human Trafficking. This grant allows us to move forward in developing a multi-disciplinary, victim centered approach to addressing the ever increasing number of Human Trafficking cases that are coming to light in the city of Manchester and throughout the state of New Hampshire."
BACKGROUND: The Manchester New Hampshire Police Department (MPD) and Child and Family Services of New Hampshire (CFS) jointly submitted a 2016 Enhanced Collaborative Model to Combat Human Trafficking Task Force grant to the U.S. Department of Justice, on behalf of the New Hampshire Human Trafficking Collaborative Task Force, which includes more than 30 NH-based law enforcement, service providers, attorneys, state agencies, and other community stakeholders gathered for the purpose of improving the statewide response to human trafficking. The Collaborative is further supported by members of a Core Team including The US Attorney’s Office for the District of New Hampshire (USAO/NH), ICE, Homeland Security Investigations (HSI), and Give Way to Freedom (GWTF). The grant was awarded to New Hampshire for $1.3 million over three years.
Additional information on the New Hampshire Human Trafficking Collaborative Task Force and the work of the Core Team’s investigation, service to survivors, data collection and training can be found at Give Way to Freedom’s website:
http://www.givewaytofreedom.org/initiatives/New-Hampshire-Task-Force.php
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Muskogee Man Sentenced to 188 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that, IKE ALEXANDER, age 34, of Muskogee, Oklahoma, was sentenced to 188 months and 5 years supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1).
The Indictment alleged that on or about March 25, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Muskogee Police Department.
The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.
Assistant United States Attorney Edward Snow represented the United States.
Muskogee Man Sentenced to 180 Months for Firearms Possession, Firearm with Obliterated Serial NumberRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that, MICHAEL CHRISTOPHER CONDI, age 38, of Muskogee, Oklahoma, was sentenced to 180 months and 5 years supervised release for two counts of FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1), and POSSESSION OF FIREARM WITH OBLITERATED SERIAL NUMBER, in violation of Title 18, United States Code, Sections 922(k) and 924(a)(1).
The Indictment alleged that on or about January 22, 2016 and on or about April 13, 2016, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The Indictment further alleged that on or about January 22, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess in and affecting commerce, a firearm, with an obliterated serial number, which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Muskogee Police Department, the Muskogee County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The Honorable Judge Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody pending transportation to the designated federal facility at which, the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Mexican national sentenced to federal prison for role in California-to-West Virginia drug conspiracyRead the Press Release
CHARLESTON, W.Va. – A Mexican national was sentenced today to a year and a half in federal prison for his role in a California-to-West Virginia methamphetamine conspiracy, announced United States Attorney Carol Casto. Marco Antonio Bojorquez-Rojas, 21, a Mexican national residing in California, previously pleaded guilty to interstate travel in furtherance of a drug crime.
Bojorquez-Rojas admitted that in January 2016, he traveled with some of his codefendants to Charleston from California to collect money for methamphetamine that had been delivered to West Virginia. On January 11, 2016, law enforcement executed a search warrant on a hotel room where Bojorquez-Rojas and some of his codefendants, including Rafael Garcia Serrato and Cesar Garcia, were staying and recovered a bag containing $12,000 cash. Bojorquez-Rojas also admitted that this cash was payment for a portion of the methamphetamine that had been delivered to West Virginia. Bojorquez-Rojas additionally admitted that in March 2016, he traveled from California to Huntington to collect money for methamphetamine that had been driven to Huntington by codefendants Kelly Newcomb and Cara Linn Monasmith. Shortly after the arrival of Bojorquez-Rojas in Huntington on March 19, 2016, law enforcement arrested him and three of his codefendants in a Huntington hotel room.
This prosecution is the result of a multi-agency investigation that led to an eight-count indictment implicating several defendants, some of whom have already been sentenced to prison. All of the defendants are presumed innocent unless and until proven guilty in a court of law. Newcomb, of Nevada, was sentenced to a year and a day in prison for interstate travel in furtherance of a drug crime. Danielle Dessaray Estrada, of Los Angeles, was also sentenced to a year and a day in prison for interstate travel in furtherance of a drug crime.
Several of the defendants have pleaded guilty and are awaiting sentencing. Two other women who were used as mules to transport methamphetamine, Rachel Arlene Garay, of California, and Monasmith, of Nevada, pleaded guilty to interstate travel in furtherance of a drug crime. Additionally, as part of this conspiracy, Serrato, of Los Angeles, Garcia, also of Los Angeles, Daniel Ortiz-Rivera, a Mexican national, Velarian Sylvester Carter, of Beckley, Miguel Tafolla-Montoya, a Mexican national, and Brian Ashby, of Kanawha County, previously pleaded guilty to conspiring to distribute more than 50 grams of methamphetamine.
The FBI, Homeland Security Investigations, the United States Postal Inspection Service, the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of these prosecutions. United States District Judge John T. Copenhaver, Jr., is presiding over these cases and imposed the sentences.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Methamphetamine Trafficker Sentenced to Six Years in PrisonRead the Press Release
SAN FRANCISCO – David Perez Hernandez was sentenced today to six years in prison for possessing with intent to distribute methamphetamine and using, carrying, or possessing a firearm during and in relation to a drug trafficking crime, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The sentence follows a guilty plea entered September 15, 2016, in which Hernandez admitted he possessed with the intent to distribute the methamphetamine and used or carried a firearm during and in relation to the drug trafficking crime.
According to the plea agreement, Hernandez, 20, of San Francisco, admitted that on March 3, 2016, he possessed about 6.8 kilograms of a mixture and substance containing methamphetamine. Further, Hernandez acknowledged he possessed a handgun in furtherance of the drug trafficking crime. On July 5, 2016, a federal grand jury indicted Hernandez, charging him with one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and one count of using, carrying, or possessing a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c).
The sentence was handed down by the Honorable Richard Seeborg, U.S. District Judge. In addition to the prison term, Judge Seeborg ordered Hernandez to serve a three-year period of supervised release. The defendant has been in federal custody since his arrest in July and will begin serving his sentence immediately.
Assistant U.S. Attorney Helen Gilbert is prosecuting the case with the assistance of Marina Ponomarchuk and MK Swartsfager. This case is the product of an investigation by the FBI.