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28 October 2016
Rochester Physician Assistant Sentenced for Dispensing Oxycodone Outside the Scope of Professional PracticeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Jeffrey C. Leathersich, 51, of Lima, NY, who was convicted of dispensing a controlled substance outside the scope of professional practice was sentenced to three years probation to include six months of home detention and 100 hours of community service by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Frank H. Sherman, who handled the case, stated that between October 2013 and March 2016, the defendant was licensed as a Registered Physician Assistant under the laws of the State of New York and had a Drug Enforcement Administration Certificate of Registration. This authorized Leathersich to prescribe Schedule II controlled substances in connection with his practice located at New Genesis Center for Medical Weight Loss and Cosmetic Medicine on Monroe Avenue in Rochester. The defendant became a Physician Assistant in 1995, practiced cosmetic medicine since 2004 and, in 2010, also began practicing bariatric medicine.
Between October 2013 and December 2015, Leathersich maintained a social relationship with an individual identified as Patient A. During that time period, the defendant provided Patient A with 16 prescriptions for oxycodone, totaling approximately 30 grams, outside the scope of his professional practice and not for a legitimate medical purpose. Between July 2015 and March 2016, the defendant maintained a social relationship with a second individual identified as Patient B. During that time period, Leathersich provided Patient B with nine prescriptions for oxycodone, totaling approximately 26 grams, outside the scope of his professional practice and not for a legitimate medical purpose. Oxycodone is an opioid pain medication. As a narcotic with a high potential for abuse that may lead to severe psychological or physical dependence, oxycodone is listed by the Attorney General as a Schedule II controlled substance.The sentencing is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Rochester Man Sentenced to 20 Years in Drug Distribution Causing Death CaseRead the Press Release
CONCORD, N.H. – United States Attorney, Emily Gray Rice announced today that Mark Ross, 42, of Gonic, New Hampshire was sentenced to 20 years in prison after pleading guilty to distributing a controlled substance that caused the death of Evangelique Tarmey.
According to documents that were filed in United States District Court, Mark Ross was living with Tarmey and Tarmey’s mother at the Riviera Motel in Rochester, New Hampshire in October of 2015. On October 16, 2015, Ross traveled with Tarmey and another person to Lawrence, Massachusetts in order to obtain a quantity of heroin. Ross returned to the Riviera Motel with the drugs. After using a portion of the drugs, Ross provided a quantity of the drugs to Tarmey. The following morning, Tarmey was found dead in the motel room. The New Hampshire Medical Examiner later found that Ms. Tarmey died of acute fentanyl intoxication.
New Hampshire has the third-highest rate of per capita drug overdose deaths in the United States. More than half of the drug overdose deaths in New Hampshire in 2015 were the result of fentanyl, either alone or in combination with other drugs.
United States Attorney Rice said, “I want to thank the Rochester Police Department and the Drug Enforcement Administration for their work on this case. Fighting the opioid epidemic is a multi-pronged, team effort. One facet of our attack is to prosecute those who are criminally responsible for causing drug overdoses. We will continue to work with law enforcement agencies to identify and prosecute the individuals who distribute drugs that cause overdose deaths. Any drug distribution has the potential to be deadly, regardless of the quantity of drugs involved. When a drug distribution causes an overdose death, my office will seek to hold the distributor accountable.”
In April 2016, the United States Attorney’s Office and the New Hampshire Attorney General’s Office announced the formation of an inter-office team of prosecutors who will work together to prosecute individuals who cause opiate overdoses in New Hampshire. This prosecution, initiated before the creation of the joint team, is an example of the type of case that will be generated by the team.
The case was investigated by the Rochester Police Department and the Drug Enforcement Administration assisted in the investigation. The case was prosecuted by Assistant U.S. Attorney Donald Feith.
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Reno Geothermal Power Plant Operator Enters into $5.5 Million Settlement with DOJ over Grant Fraud AllegationsRead the Press Release
LAS VEGAS, Nev. – Several Reno companies that operate geothermal power plants in Nevada, California, Hawaii and elsewhere, have agreed to pay the United States $5.5 million to resolve civil fraud allegations that they unlawfully applied for and received millions in federal clean energy grants, announced U.S. Attorney Daniel G. Bogden for the District of Nevada.
Ormat Technologies, Inc., Ormat Nevada, Inc., Puna Geothermal Venture II, L.P., ORNI 18, LLC, and Puna Geothermal Venture, G.P. (hereinafter referred to as Ormat), and the United States entered into the agreement to avoid the delay and uncertainty and expense of protracted litigation. The agreement states that it is neither an admission of liability by the defendants nor a concession by the United States that its claims are not well founded.
“The False Claims Act is an effective civil tool to ferret out fraud in federal taxpayer-funded programs,” said U.S. Attorney Bogden. “The settlement monies announced today will be deposited into a federal fund used to help crime victims and for a variety of other law enforcement purposes.”
The settlement agreement, effective this week, arises out of a civil lawsuit filed on Feb. 4, 2013 by Tina Calilung and Jamie Kell against Ormat alleging that they violated the civil False Claims Act by submitting false applications for federal clean energy grants to which they were not entitled. The defendant companies are based in Reno, Nev. Calilung and Kell are former employees of Ormat Technologies.
The lawsuit alleged that the federal government had claims against the defendant arising from the submission of applications for and receipt of grants under the American Recovery and Reinvestment Tax Act of 2009, related to the 8MW Puna Geothermal Power Plant and Puna KS-14 Well, both on the island of Hawaii, and the North Brawley Geothermal Power Plant in Imperial County, Calif.
Since January 2009 and through the end of federal fiscal year 2015, the Justice Department has recovered a total of more than $26.4 billion from cases involving fraud and false claims against the government. The False Claims Act is the government’s primary civil remedy to redress false claims for government funds and property under government contracts, including national security and defense contracts, as well as under government programs as varied as Medicare, veterans’ benefits, federally insured loans and mortgages, highway funds, research grants, agricultural supports, school lunches, and disaster assistance. In 1986, Congress strengthened the Act by amending it to increase incentives for whistleblowers to file lawsuits on behalf of the government.
Most false claims actions are filed under the Act’s whistleblower, or qui tam, provisions that allow individuals to file lawsuits alleging false claims on behalf of the government. If the government prevails in the action, the whistleblower, also known as the relator, receives up to 30 percent of the recovery. Whistleblowers filed 638 qui tam suits in fiscal year 2015 and the department recovered $2.8 billion in these and earlier filed suits this past year. Whistleblower awards during the same period totaled $597 million. https://www.justice.gov/opa/pr/justice-department-recovers-over-35-billion-false-claims-act-cases-fiscal-year-2015.
Assistant United States Attorney Roger Wenthe handled the case on behalf of the U.S. Attorney’s Office for the District of Nevada.
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Press Conference on Forfeiture of Drug Properties in RutlandRead the Press Release
The United States Attorney’s Office will hold a press conference in Rutland on Monday, October 31, 2016 at 11:00 a.m. to discuss the completion of an agreement to forfeit three Rutland residences on Park Avenue and convert them to owner-occupied housing. These properties were forfeited based on significant narcotic drug distribution activity occurring at these addresses. Under the terms of the agreement, the properties have been transferred to NeighborWorks of Western Vermont. NeighborWorks of Western Vermont will renovate them and sell them on the condition that the purchaser maintain them as owner-occupied single-family residences, duplexes or condominium residential units. A separate press release will be issued at the time of the press conference explaining the agreement and its significance in more detail.
Present at the press conference will be representatives from participating federal, state and local law enforcement agencies, the City of Rutland, NeighborWorks of Western Vermont, and Project Vision. Those attending include: United States Attorney Eric Miller, Mayor Christopher Louras, United States Marshal David Demag, Rutland City Police Department Chief, Brian Kilcullen, Lieutenant Paul Favreau, Vermont State Police (Narcotics Investigation Unit), Ludy Biddle, Executive Director, NeighborWorks of Western Vermont, and Joe Kraus, Chairman of Project Vision.
Please contact Laura Harvey at the United States Attorney’s Office, telephone 802-951-6725, if you have any questions.
Owner of Real Estate Investment Firm Sentenced in Manhattan Federal Court to 10 Years in Prison for $17 Million Securities FraudRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that CARLTON P. CABOT, the former owner and chief executive officer of Cabot Investment Properties LLC (“CIP”), was sentenced today in Manhattan federal court to 10 years in prison for defrauding hundreds of elderly investors in numerous CIP-sponsored real estate investments. As part of the fraud, CABOT and his co-defendant misappropriated approximately $17 million of investor funds to pay for personal and business expenses, and concealed the fraud from the investors with manipulated financial statements. CABOT pled guilty to one count of securities fraud on May 31, 2016, before U.S. District Judge Jesse M. Furman who imposed today’s sentence.
U.S. Attorney Preet Bharara said: “Carlton Cabot took $17 million from vulnerable investors and spent it lavishly on himself, and then lied to cover it up. The victims, many of whom were in their 70s and 80s, were simply looking for a steady income stream to sustain them in their retirement. Now, instead of economic safety and security, they are faced with financial ruin. Cabot has rightfully been held to account for his selfish and criminal acts.”
According to the allegations contained in the criminal complaint against CABOT, the indictment to which CABOT pled guilty and Cabot’s admissions during his plea allocution, and the statements made by the victims of CABOT’s fraud:
From 2003 through 2012, CIP – which was controlled by CABOT – sponsored and oversaw approximately 18 so-called tenants-in-common (“TIC”) securities offerings to investors located all over the United States (collectively, the “TIC Investments” and the “TIC Investors”). A TIC investment is a real estate investment in which investors collectively own a piece of commercial real estate and are entitled to receive a portion of the rental income from the property.
From 2008 through 2012, CABOT engaged in a scheme to defraud the TIC Investors by misappropriating funds belonging to the TIC Investments and concealing his misappropriations by knowingly providing false and misleading financial reports and other information to the TIC Investors.
According to the representations in the offering prospectuses for the TIC Investments, CIP was allowed to collect only “excess” rental income from the TIC Investments – i.e., any additional money left over after the TIC Investments had paid the operating expenses for the properties and the disbursements due to the TIC Investors. Despite these representations, CABOT repeatedly transferred money out of bank accounts belonging to the TIC Investments and into CIP bank accounts that he controlled (the “CIP Operating Accounts”) before these funds could be used to pay for operating expenses and disbursements to the TIC Investors.
CABOT then used these funds to pay for unauthorized purposes without the knowledge or authorization of the TIC Investors, including: (1) to cover the operating expenses and investor distributions of other TIC Investments that had no available funds; (2) to pay for millions of dollars of personal expenses, including expensive cars, rental apartments, and private school tuition; and (3) to pay for CIP business expenses, including an approximately $1,125,651 civil settlement to certain TIC Investors who had sued CABOT and others.
To conceal the misappropriation of TIC Investment funds from the TIC Investors, CABOT and his co-defendant, Timothy J. Kroll, CIP’s chief operating officer, provided false and misleading financial reports to the TIC Investors that intentionally hid the fact that CIP owed large sums of money to the TIC Investments.
By the end of 2012, when CIP ceased its day-to-day operations, CIP and its principals, CABOT and Kroll, owed approximately $17 million to the TIC Investments, which has never been repaid.
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In addition to his prison sentence, CABOT, 54, of Stamford, Connecticut, was sentenced to three years of supervised release and ordered to pay $17 million in restitution and forfeiture.
On October 7, 2015, Kroll pled guilty before Judge Furman for his role in the scheme.
Mr. Bharara praised the outstanding efforts of the U.S. Postal Inspection Service and Internal Revenue Service’s Criminal Investigation Division. He also thanked the Office of the Secretary, William F. Galvin, Massachusetts Securities Division, for its assistance with the investigation of this case.
The prosecution of this case is being overseen by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Christian R. Everdell and Edward A. Imperatore are in charge of the prosecution.
Orlando Disability Benefits Recipient Convicted of Defrauding Social Security AdministrationRead the Press Release
Orlando, FL – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Craig DeMange (62, Oviedo) guilty of one count of knowingly and willfully making a false statement to a federal agency. He faces a maximum penalty of five years in federal prison. His sentencing hearing is scheduled for January 23, 2017.
DeMange was indicted on June 15, 2016.
According to evidence presented at trial, DeMange received Social Security disability benefits for nearly two decades, beginning in 1995. In July 2013, the Social Security Administration requested information about his work and earnings history to assess his continued eligibility for disability benefits. At that time, DeMange knowingly and willfully provided false and fraudulent information about his current work status. Specifically, DeMange stated that he had not worked since 1996, when in fact he had been running a business since 2010 or 2011.
This case was investigated by the Social Security Administration - Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Emily C. L. Chang.
Nine People Indicted on Fraud Charges Related to Telemarketing EnterpriseRead the Press Release
St. Louis, MO – Nine people living in the Phoenix, Arizona, area have been charged in federal court in a multi-count indictment arising from their participation in a fraudulent telemarketing enterprise. The enterprise generated in excess of $10,000,000 in sales from individuals across the United States and Canada and specifically targeted persons over the age of 55.
According to the indictment, which was unsealed earlier this week, beginning sometime prior to 2013 and continuing until July 2015, the defendants operated a telemarketing enterprise selling false and fictitious “business opportunities.” The Phoenix, Arizona, based telemarketing enterprise operated under multiple business names and utilized multiple business entities over the course of the scheme, including Smart Business Pros, LLC of Warson Woods, Missouri.
The charges include conspiracy to commit mail, wire and bank fraud; wire fraud; mail fraud and money laundering.
If convicted of wire fraud or mail fraud in connection with telemarketing, the defendants face up to 30 years in prison, a fine of $250,000 or both. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case is being investigated by the Office of the Arizona Attorney General, United States Postal Inspection Service, IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney Charles Birmingham is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
New Haven Man Sentenced to 40 Months in Federal Prison for Role in Heroin RingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that TODD BEILBY, 55, of New Haven, was sentenced yesterday by U.S. District Judge Victor A. Bolden in Bridgeport to 40 months of imprisonment, followed by five years of supervised release, for his role in a heroin distribution ring.
This matter stems from a joint investigation headed by the DEA New Haven Task Force, FBI and New Haven Police Department into the distribution of heroin in New Haven. The investigation, which included the use of court-authorized wiretaps, physical surveillance and controlled purchases of heroin, revealed that Wilson Vasquez, also known as “Pancho,” obtained bulk quantities of heroin, processed and packaged the drug with several co-conspirators, and then distributed the drug through a network of street-level distributors operating in the area of Ferry Street, Grand Avenue and Blatchley Avenue in New Haven’s Fair Haven neighborhood.
For approximately one year until he was arrested on July 15, 2015, BEILBY was responsible for bagging almost all of the heroin Vasquez and his associates sold.
During the investigation, law enforcement seized approximately 500 grams of raw heroin, three handguns and five vehicles. In addition, bank accounts containing more than $300,000 have been frozen.
BEILBY has been detained since his arrest. On April 1, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute heroin.
Seventeen individuals were charged as a result of this investigation. All 17 pleaded guilty. Vasquez awaits sentencing.
The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
This case is being prosecuted by Assistant U.S. Attorneys H. Gordon Hall and Patrick Caruso.
New Hampshire Man Indicted on Federal Charges in Connection with Multiple Incidents in March - April 2016Read the Press Release
Concord, New Hampshire—United States Attorney Emily Gray Rice today announced that a federal grand jury in Concord returned a three-count indictment charging MICHAEL MUNROE, a/k/a Michael Monroe, 33, previously of Raymond, New Hampshire, with one count of carjacking and two counts of bank robbery. The indictment was returned on October 19, 2016, and MUNROE was arraigned today in front of U.S. Magistrate Judge Daniel J. Lynch, where he entered a plea of not guilty.
According to the indictment and other statements made in court, MUNROE was arrested earlier this year after a well-publicized alleged two-state multi-week crime spree in March and April 2016. The new federal charges focus on three specific alleged incidents: (1) that MUNROE forcibly took a 2004 Honda Pilot from a victim while she sat in the vehicle in Manchester, N.H., on March 27, 2016; (2) that MUNROE robbed a Northway Bank branch location in Ossipee, New Hampshire on March 28, 2016; and (3) that MUNROE robbed a Granite State Credit Union branch location in Seabrook, New Hampshire on April 1, 2016. He has remained in custody since his arrest by Hancock Police on April 2, 2016.
Trial has been scheduled to take place in the two-week period between December 13-27, 2016, in front of Senior U.S. District Judge Steven McAuliffe. If convicted, MUNROE faces a maximum term of imprisonment of 15 years for the carjacking offense, and a maximum term of imprisonment of 20 years for each bank robbery offense.
An indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation, the Manchester Police Department, the Ossipee Police Department, the Seabrook Police Department, the Hancock Police Department, and County Attorney’s Offices for Hillsborough, Carroll, and Rockingham counties. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
Nancy Stallard Harr Sworn in as U.S. Attorney for the Eastern District of TennesseeRead the Press Release
GREENEVILLE, Tenn. - Nancy Stallard Harr was administered the oath of office as U.S. Attorney for the Eastern District of Tennessee by Chief Judge Thomas Varlan on Friday, Oct. 28, 2016 at the James H. Quillen Federal Courthouse in Greeneville, Tenn. Harr had served as the Interim U.S. Attorney by appointment of the Attorney General of the United States, Loretta Lynch. Pursuant to their statutory authority, the federal district judges selected Harr to serve until the nomination and confirmation of a Presidentially appointed, Senate confirmed successor.
Harr is a native of Bristol, Va., and former prosecutor with the Second Judicial District Attorney’s office in Blountville. She joined the U.S. Attorney’s Office in 1995 in Knoxville, and returned to northeast Tennessee as supervisor of the Greeneville branch office in 2001. In 2011 she was named First Assistant U.S. Attorney, and later became the Acting United States Attorney upon the retirement of William C. Killian in 2015. Her husband, Paul A. Harr is an attorney in private practice in Blountville, Tenn.
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Morgantown, WV man sentenced for interstate heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Justin Donald Myers, 37, of Morgantown, West Virginia, was sentenced to twelve months and one day in prison for distributing heroin near West Virginia University, United States Attorney William J. Ihlenfeld, II, announced.
Myers sold heroin in January 2016 in Monongalia County that was transported into the region from Michigan. He pled guilty in June 2016 to one count of “Aiding and Abetting Distribution of Heroin within 1,000 feet of a Protected Location.”
Assistant U.S. Attorney Zelda Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force investigated.
U.S. District Judge Irene M. Keeley presided.
Miller County Sheriff ArrestedRead the Press Release
United States Attorney G. F. “Pete” Peterman, III, of the Middle District of Georgia announces that on October 28, 2016, Miller County Sheriff Shane Rathel, aged 42, was arrested by Federal Bureau of Investigation agents at the Albany FBI office on charges of selling two stolen firearms.
Copies of the complaint and supporting affidavit are attached. The complaint is only an allegation of criminal conduct. Sheriff Rathel is presumed innocent until and unless proven guilty in a court of law. If convicted, Sheriff Rathel faces a potential maximum penalty of 10 years’ imprisonment, a $250,000 fine, or both, on each count.
This case is being prosecuted by Assistant United States Attorney Alan Dasher. The case was investigated by the Albany office of the Federal Bureau of Investigation and the Georgia Bureau of Investigation.
Inquiries regarding this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office at (478) 621-2603.
Marietta Man Charged with Robbing Six Area Banks at GunpointRead the Press Release
ATLANTA - Kevin Ray Williamson, has been arraigned on federal armed bank robbery charges relating to a series of bank robberies that began on February 4, 2016, and continued until September 8, 2016. Williamson was indicted by a federal grand jury on October 25, 2016.
“Williamson is alleged to have committed a series of armed bank robberies that kept bank employees and citizens on edge for over eight months,” said U. S. Attorney John Horn. “The arrest and indictment in this case put an end to an active, eight-month crime spree, and hopefully returned a sense of safety to the community in Marietta, where most of the robberies occurred.”
“The FBI is proud of the outstanding work of its many agents, task force officers, and analytical personnel in getting the person believed to be responsible for these armed serial bank robberies identified and safely apprehended. These robberies were particularly egregious in that many of the victim tellers had to endure having a handgun pointed directly at them. The FBI will continue to make those who bring this type of violent crime into our communities a priority matter,” said George Crouch, Acting Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: On February 4, 2016, Williamson entered a Fifth Third Bank located in Marietta, Georgia. Williamson is alleged to have pointed a handgun at a bank teller and demanded money from her cash drawer. Bank surveillance video captured the robbery and showed Williamson carrying a messenger/computer type bag in which the demanded U.S. currency was placed.
- On April 1, 2016, Williamson is alleged to have entered a Regions Bank in Marietta, Georgia, while armed with a handgun. Williamson approached the bank’s counter and pointed his handgun at the teller, opened his messenger bag and demanded cash. The teller complied with Williamson’s demands and handed cash to him.
- The surveillance photographs from the bank security system show that the person who robbed the Regions Bank was the same person who robbed the Fifth Third Bank in February, 2016.
- On May 25, 2016, Williamson is alleged to have entered a BB&T Bank in Marietta, Georgia. Williamson approached a bank teller, displayed a black handgun, and demanded cash. The teller complied with the robber’s demands and gave cash to Williamson. This robbery was also captured on surveillance video.
- On July 13, 2016, Williamson is alleged to have entered a PNC Bank in Marietta, Georgia. Bank surveillance images show that as in the other robberies, Williamson was carrying a messenger/computer type bag and approached a bank teller, opened the bag and pointed a black handgun. The teller complied with Williamson’s demands and gave him cash.
- On August 22, 2016, Williamson is alleged to have entered Fidelity Bank located in Atlanta, Georgia. Inside the bank, the robber pointed a gun at a teller, stated that he was robbing the bank and demanded money. The teller complied and gave Williamson cash.
- On September 8, 2016, Williamson is alleged to have entered Renasant Bank located in Johns Creek, Georgia. He displayed a handgun and demanded money from several drawers.
Kevin Ray Williamson, 51, of Marietta, Georgia, was arraigned before U.S. Magistrate Judge Janet F. King on October 26, 2016. Williamson was indicted by a federal grand jury on October 25, 2016.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant United States Attorney Suzette A. Smikle is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Macclenny Man Sentenced to Seven Years in Federal Prison on Drug and Firearms ChargesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis yesterday sentenced Kevin Allen Rose (30, Macclenny) to seven years in federal prison for selling marijuana and possessing a firearm as a convicted felon. He pleaded guilty to all charges on July 13, 2016.
According to court documents, on multiple occasions, Rose sold marijuana at his home in Macclenny, Florida to a confidential informant. During the sales, he bragged about his ownership of firearms. During one sale, Rose directed a child in the home to assist him. When law enforcement officers executed a search warrant at the residence, they discovered a loaded semi-automatic handgun and over 100 rounds of ammunition. Rose is prohibited from possessing a firearm or ammunition under federal law because of his multiple, prior felony convictions.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Baker County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Loomis Man Sentenced to over 2 Years in Prison for Tax Refund Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Aleksandr Kuzmenko, 33, of Loomis, was sentenced today by United States District Judge Garland E. Burrell Jr. to two years and three months in prison and ordered to pay $573,332 in restitution to the IRS for conspiracy to defraud the United States, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Kuzmenko worked as a tax preparer at VK Tax Services in Citrus Heights in 2009. Between February 2009 and November 2009, Kuzmenko conspired with others to file approximately 90 fraudulent tax returns with the Internal Revenue Service. The tax returns fraudulently claimed the First-Time Homebuyer Credit, which was worth as much as $7,500. The refunds for the fraudulent claims were electronically deposited into various bank accounts controlled by Kuzmenko’s co-defendants. The fraudulent claims totaled approximately $695,724, of which the IRS paid approximately $573,000.
This case was the product of an investigation by the Internal Revenue Service Criminal Investigation. Assistant United States Attorney Michele Beckwith prosecuted the case.
Co-defendants Peter Kuzmenko and Valeriy Nikitchuk have pleaded guilty to conspiring to defraud the United States and they are currently scheduled to be sentenced on December 2, 2016. Co-defendant Arsen Muhtarov has entered a plea of not guilty. The charges against him are only allegations, and he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Leader of Baltimore County Heroin Distribution Organization Sentenced to 10 Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Adrian Spence, a/k/a “AJ,” and “SP,” age 28, of Baltimore, Maryland, today to 10 years in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute heroin. Judge Bennett also entered an order requiring Spence to forfeit $26,320 seized from his residence during the execution of a search warrant.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Commissioner Kevin Davis of the Baltimore Police Department; Chief James W. Johnson of the Baltimore County Police Department; Baltimore City State’s Attorney Marilyn J. Mosby; and Baltimore County State’s Attorney Scott Shellenberger.
According to his plea agreement, law enforcement began an investigation into a drug conspiracy involving the distribution of heroin in the Baltimore Metropolitan area. The investigation revealed that Adrian Spence was a leader of a heroin distribution ring in Baltimore County. Evidence revealed numerous calls in which Spence: coordinated drug sales in and around the Baltimore County area; directed his codefendant to “start stomping on it” and “crushing it down,” referring to cutting the heroin for a subsequent sale; and attempted to secure sources of heroin for later re-sale. On July 31, 2015, law enforcement executed a search warrant at Spence’s residence and recovered: $26,320 in cash; cellular phones; and other items.
Spence admitted that the amount of heroin reasonably foreseeable to him in, and in furtherance of, this conspiracy amounts to between one and three kilograms of heroin. Spence also admitted that he was an organizer and leader of a drug trafficking organization of more than five individuals.
United States Attorney Rod J. Rosenstein praised HSI-Baltimore, the ATF, Baltimore City and Baltimore County Police Departments, and the Baltimore City and Baltimore County State’s Attorneys’ Offices for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorneys Jason D. Medinger, Christina Hoffman, and Daniel C. Gardner, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Lake County Man Sentenced to Life in Prison Plus 10 Years for Shooting and Killing Store Clerk During RobberyRead the Press Release
OAKLAND –Jonathan Mota was sentenced today to life in prison plus 10 years for murder caused by a firearm; Hobbs Act robbery; and use and carry of a firearm during and in relation to that robbery, announced Acting U.S. Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. The charges stemmed from the murder of Forrest Seagrave during the robbery of a convenience store in 2013.
On July 6, 2016, following a four-week jury trial before the Honorable Jon S. Tigar, U.S. District Judge, a federal jury convicted Mota, 34, of Lake County, Calif., of charges arising from the convenience store robbery. Evidence at trial showed that on January 18, 2013, Mota, a convicted felon, parked a stolen vehicle in the vicinity of the Mount Konocti Gas & Mart in Kelseyville, Calif., to rob it. Mota left a passenger in the vehicle and wore a hoodie, ski mask, baggy jeans, and gloves in an attempt to hide his identity. Store clerk Forrest Seagrave was mopping up and preparing to end his shift when Mota arrived brandishing a silver handgun. Seagrave did not know Mota was armed when Seagrave attempted to interrupt the robbery. Mota shot Seagrave in the neck, causing Seagrave to bleed to death on the floor of the convenience store. Video footage from the store cameras showed Mota stepping over Seagrave’s body to grab the money from the cash register.
On June 27, 2013, a federal grand jury indicted Mota and charged him with Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a); use and carry of a firearm during and in relation to the Hobbs Act robbery, in violation of Title 18 U.S.C. § 924(c); and use of the firearm resulting in murder, in violation of 18 U.S.C. § 924(j). On July 6, 2016, the jury convicted Mota of all three counts in the indictment.
Today’s sentence was handed down by Judge Tigar.
Assistant United States Attorneys Damali Taylor and Sarah Hawkins prosecuted the case, with assistance from Kurt Kosek. The prosecution is the result of an investigation led by the ATF and the Lake County Sheriff’s Office.
Jamaican National Arrested in Alleged Scheme to Defraud Elderly Illinois CoupleRead the Press Release
Ricardo Fredrick Smith a/k/a “Rickey Ricardo Smith” a/k/a “Ricky”, 38, from St. James Parish, Jamaica, has been charged with Mail Fraud, Conspiracy to Commit Mail Fraud, and Money Laundering. The charges are contained in a Complaint unsealed today in United States District Court in Cedar Rapids.
The Complaint alleges that, on or about October 2015, Smith was working at a local lawn care company in the Cedar Rapids area and opened a bank account at a local financial institution. A week later he allegedly added a co-conspirator to the account as a joint owner. The co-conspirator then allegedly deposited $13,000 into this joint account by means of a check drawn on an account of an elderly Illinois woman. Smith and the co-conspirator allegedly received the $13,000 through a mail fraud scheme in which they were allegedly participating. In the following weeks, Smith and the co-conspirator allegedly made a series of cash withdrawals from the account.
If convicted on all charges, Smith faces a possible maximum sentence of 60 years’ imprisonment, a $750,000 fine or not more than twice the gross gain or twice the gross loss from the offenses, whichever is greater, $300 in special assessments, and 3 years of supervised release following any imprisonment.
Smith appeared today in federal court in Cedar Rapids and was held without bond. Smith’s next appearance for a detention hearing is on November 2, 2016, at 4:30 p.m., in Cedar Rapids.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-mj-265.
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Jacksonville Man Indicted for Promoting, Managing, Establishing, and Carrying on Prostitution BusinessRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging John R. Biggerstaff (39, Jacksonville) with using a facility of interstate commerce to promote, manage, establish, and carry on a prostitution business. If convicted on all counts, he faces a maximum penalty of five years in federal prison.
According to the indictment, between June 30, 2016 and July 31, 2016, Biggerstaff promoted, managed, established, and carried on a business enterprise that involved prostitution, in violation of applicable Florida laws. The indictment alleges that Biggerstaff used a facility of interstate commerce, a cellphone, to commit the offenses.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Jacksonville Sheriff’s Office Integrity Unit. It will be prosecuted by Assistant United States Attorney Mac D. Heavener, III.
Jack Weichman Defendants Entered Pleas of Guilty TodayRead the Press Release
HAMMOND – United States Attorney David A. Capp announced that all defendants in the United States v. Weichman case entered guilty pleas today before Chief Judge Philip Simon.
The following entered pleas of guilty:
- Jack Weichman, 64, of Dyer, Indiana –two counts of bank fraud, one count of concealment of assets, one count of wire fraud and one count of filing a false tax return.
- Ari Weichman, 36, of Schererville, Indiana-one count of bank fraud
- James Schaefer, 66, of Lowell, Indiana-one count of bank fraud
- William Bercaw, 69, of Munster, Indiana-one count of wire fraud
According to documents in this case, Jack Weichman, a local accountant and business owner, has entered guilty pleas to two counts of bank fraud, one count of concealing assets during a bankruptcy, one count of wire fraud, and one count of filing a false federal income tax return. Weichman, the owner of an accounting practice that bears his name, Weichman & Associates, as well as a medical billing operation known as MMDS, stole $10,000 from one of his physician clients during a bank fraud scheme that saw at least $660,000 illegally removed from that client’s account. Weichman also admitted hiding an almost $2 million dollar tax debt to the IRS from another bank at a time when he was seeking to renew a loan from that bank. Weichman also admitted hiding hundreds of thousands of dollars from his bankruptcy creditors in January 2011, and removing $95,000 from a client’s retirement fund on April 25, 2012, by having one of his employees pretend to be the client during a phone call to the retirement fund. Finally, Weichman acknowledged that he failed to report to the IRS at least $100,000 in income.
Weichman’s employee, William Bercaw, entered his own guilty plea to one count of wire fraud relating to the $95,000 illegally removed from a client’s retirement fund account on April 25, 2012.
Another Weichman employee, James Schaefer, along with Weichman’s son Ari Weichman, entered separate guilty pleas to a one count information charging them with providing false information to US Bancorp in an effort to secure a loan for Jack Weichman’s business, MMDS, by representing to US Bancorp that Ari Weichman was the owner and president of MMDS.
Sentencing for all defendants is set for January 27, 2017.
This case was investigated by the Federal Bureau of Investigation, Federal Deposit Insurance Corporation-Office of Inspector General and Internal Revenue Service-Criminal Investigation Division. The case is being prosecuted by Assistant United States Attorneys Diane L. Berkowitz and Maria N. Lerner.
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Investigation into the Death of Mikhail Lesin Has ClosedRead the Press Release
Manner of Death Determined an Accident
The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, 57, a Russian political figure, media executive and adviser to Vladimir Putin, the President of Russia. As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death. The investigation has now been closed.
Based on evidence gathered during the investigation, Lesin entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol. Based on the evidence, including video footage and witness interviews, Lesin entered his hotel room on the morning of Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room. He was found dead late on Thursday morning, Nov. 5, 2015.
After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities and lower extremities, which were induced by falls, with acute ethanol intoxication.
Investigation into the Death of Mikhail Lesin Has Closed; Manner of Death Determined an AccidentRead the Press Release
WASHINGTON - The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, a Russian political figure, media executive, and adviser to Vladimir Putin, the President of Russia. As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Mr. Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death. The investigation has now been closed.
Based on evidence gathered during the investigation, Mr. Lesin, 57, entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, November 4, 2015, after days of excessive consumption of alcohol. Based on the evidence, including video footage and witness interviews, Mr. Lesin entered his hotel room on the morning of Wednesday, November 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room. He was found dead late on Thursday morning, November 5, 2015.
After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Mr. Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities, and lower extremities, which were induced by falls, with acute ethanol intoxication.
Indiana Man Pleads Guilty to Distributing Information on ExplosivesRead the Press Release
Marlonn Hicks, 30, of Crown Point, Indiana, pleaded guilty to distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence.
Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney David Capp of the Northern District of Indiana and Special Agent in Charge W. Jay Abbott of the FBI’s Indianapolis Field Office announced the charges.
According to the documents in this case, Hicks allegedly communicated online with multiple individuals who were cooperating with the government. During these communications, Hicks allegedly expressed a desire to travel to territory under the control of the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Within days of the Orlando, Florida terrorist attack, Hicks indicated that he would likely die in the U.S. and subsequently discussed the means by which he planned to carry out an attack within the U.S. During one of these online communications, Hicks sent a government source a document containing detailed instructions on how to make explosives. When Hicks sent the document to the government source, Hicks believed that the government source was a like-minded individual who would use the document and instructions to conduct an attack within the U.S. using explosives. Hicks intended the attack to be carried out in the name of ISIL and in support of ISIL.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the District of Indiana.
Indiana Man Pleads Guilty to Distributing Information on ExplosivesRead the Press Release
WASHINGTON – Marlonn Hicks, 30, of Crown Point, Indiana, pleaded guilty to distributing information regarding the manufacture and use of explosives, with the intent that the information be used for and in furtherance of a crime of violence before a U.S. Magistrate Judge. The Magistrate Judge is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation.
Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney David Capp of the Northern District of Indiana and Special Agent in Charge W. Jay Abbott of the FBI’s Indianapolis Field Office announced the charges.
According to the documents in this case, Hicks allegedly communicated online with multiple individuals who were cooperating with the government. During these communications, Hicks allegedly expressed a desire to travel to territory under the control of the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Within days of the Orlando, Florida terrorist attack, Hicks indicated that he would likely die in the U.S. and subsequently discussed the means by which he planned to carry out an attack within the U.S. During one of these online communications, Hicks sent a government source a document containing detailed instructions on how to make explosives. When Hicks sent the document to the government source, Hicks believed that the government source was a like-minded individual who would use the document and instructions to conduct an attack within the United States using explosives. Hicks intended the attack to be carried out in the name of ISIL and in support of ISIL.
The case was investigated by the FBI’s Indianapolis Division and the Indianapolis Joint Terrorism Task Force. The case is being prosecuted by the National Security Division’s Counterterrorism Section and the U.S. Attorney’s Office of the District of Indiana.
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16-1268
IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Haverhill Resident Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Franklyn Morillo, 41, of Haverhill, Massachusetts, pleaded guilty today to conspiracy to distribute, and possess with intent to distribute, oxycodone and cocaine. Morillo appeared before United States District Court Judge Steven J. McAuliffe to enter his guilty plea.
According to documents that were filed in court and statements in the plea proceeding, Morillo admitted that he and others participated in the distribution of cocaine and oxycodone pills in Massachusetts and New Hampshire. Over $18,000 in cash and a quantity of cocaine were seized from his residence in Haverhill during the execution of a search warrant in August of 2015. Morillo was arrested on October 1, 2015. A quantity of oxycodone pills and over $2,000 in cash were recovered from his residence at the time of his arrest.
A sentencing hearing has been scheduled for March 7, 2017.
Morillo is one of six individuals indicted by a federal grand jury on September 23, 2015, and charged with conspiracy to distribute, and possess with intent to distribute, controlled substances. The other defendants are: Mara Morillo, 41, of Haverhill, Massachusetts; Juan Rojas, 32, of Haverhill, Massachusetts; Justin Bartimus, 35, formerly of Methuen, Massachusetts; Jorge Medina, 25, of Haverhill, Massachusetts; and Michael Lally, 28, of Salem, New Hampshire.
Rojas also was charged with possession of a firearm in furtherance of a drug trafficking crime. He is further charged in a separate indictment with conspiracy to possess a firearm in furtherance of a crime of violence.
Lally, Bartimus, and Mara Morillo have pleaded guilty and are awaiting sentencing. Medina and Rojas are awaiting trial.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). 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. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation with assistance from the Haverhill, Massachusetts Police Department, the Methuen, Massachusetts Police Department, and the Massachusetts State Police. It is being prosecuted by Assistant United States Attorney John J. Farley.
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Harrisburg Police Officer Charged with Theft of Money That Was Evidence in A Criminal CaseRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Harrisburg Police Officer was charged by way of a criminal complaint with theft of money that belonged to a federal agency and removing property to prevent its seizure.
According to United States Attorney Bruce D. Brandler, the criminal complaint alleges that Sean Cornick, age 44, of Harrisburg, a Corporal with the Harrisburg Bureau of Police, stole money from an evidence locker which he believed was property seized in a drug investigation. Cornick was allegedly videotaped taking money out of the locker. An inventory later confirmed money was missing from the locker.
The charges against Cornick resulted from an internal investigation by the Harrisburg Bureau of Police that was referred to the Federal Bureau of Investigation, and the Pennsylvania State Police. Assistant United States Attorney Eric Pfisterer, Deputy Chief of the Criminal Division, is prosecuting the case.
Cornick appeared before United States Magistrate Judge Susan E. Schwab yesterday and was released under conditions that he post a $10,000 signature bond, restrict his travel to the Middle District of Pennsylvania, surrender his passport, have no contact with potential witnesses, and not possess a firearm.
United States Attorney Bruce D. Brandler stated, “It is always a sad day when fellow law enforcement officers are alleged to have broken the laws they have sworn to uphold. Our office takes these matters very seriously and we greatly appreciate the assistance and cooperation of the Harrisburg Police Department and Pennsylvania State Police in conducting this investigation.”
Special Agent in Charge of the FBI's Philadelphia Division, Michael T. Harpster, said "When an officer who took an oath to protect and serve crosses the line, as alleged here, it's an affront to all those in law enforcement who carry out their sworn duties with integrity. Public corruption is insidious, corroding people's faith in the system. For that reason, it continues to be a top FBI priority."
Major David E. Relph, Director, Bureau of Criminal Investigation, Pennsylvania State Police, said, “It is a sad day for law enforcement when an officer crosses the line into criminal conduct. It is crucial that a complete and thorough investigation is conducted to maintain the public confidence in law enforcement. Cooperation between agencies is critical in cases like this. We appreciate the hard work of our federal, state and local law enforcement partners in this investigation.”
Criminal complaints are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for removal of property to prevent seizure is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Theft of Federal Funds under $1,000 is punishable by up to one-year imprisonment. 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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Franklinville Man Sentenced on Gun Charge; Violating Supervised ReleaseRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Salvatore Faliero, 53, of Franklinville, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 12 months in prison by Senior U.S. District Judge William M. Skretny. In addition, the defendant was sentenced to 15 months in prison (to be served concurrently to the 12 month sentence on the gun charge), for violation of supervised release. Faliero was on federal supervised release following a 2009 conviction of accessory after the fact when he was arrested on the gun charge.
According to Assistant U.S. Attorneys Michael J. Adler and Thomas S. Duszkiewiz, who handled the case, on November 29, 2015, New York State Troopers began investigating a complaint that the defendant was shooting a firearm from his vehicle.
• One witness stated that Faliero admitted to him that he had shot a gun.
• Another witness stated that on December 1, 2015, he saw the defendant put a gun into his vehicle.
• On December 3, 2015, troopers received another report of the defendant using a firearm.Soon after this third complaint, troopers observed the defendant driving his red Honda CRV and stopped the vehicle. Troopers discovered a loaded Marlin, Model 336W, 30-30 caliber lever action rifle on the back seat of the vehicle. Ammunition for the firearm was found on the center console. Faliero admitted that he had been using the rifle.
In September 1985, the defendant was convicted in state court of Attempted Criminal Possession of a Controlled Substance. In October 1998, Faliero was convicted in Cattaraugus County Court of Attempted Burglary followed by his 2009 federal conviction. As a result, the defendant is prohibited from legally possessing a firearm.The sentencing is the culmination of an investigation by the New York State Police, under the direction of Major Steven Nigrelli and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Ashan M. Benedict.
Fort Myers Man Receives 30 Years in Prison for Dealing HeroinRead the Press Release
Fort Myers, FL – U.S. District Judge Sheri Poster Chappell has sentenced Norris Williams (45, Fort Myers) to 30 years in federal prison for three counts of possession with intent to distribute heroin, and one count of attempting to possess with intent to distribute one kilogram or more of heroin. Williams was found guilty by a federal jury on April 8, 2016.
According to the trial evidence, Williams, a nine-time convicted felon, sold heroin to an undercover officer on several dates, specifically November 18, 2014; December 17, 2014; and February 11, 2015. In addition, he attempted to purchase a one-kilogram brick of heroin from an undercover officer on October 20, 2015. The attempted purchase occurred after Williams negotiated to receive the kilogram for a price of $75,000, with $50,000 cash up front, and a promise to pay the balance at a later date. Williams met the undercover officer at a parking lot and handed the officer $49,900 in a shoe box to complete the transaction.
This case was investigated by Drug Enforcement Administration, with assistance from the Cape Coral Police Department and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charles Schmitz.
Former Las Vegas Man Sentenced to 16+ Years in Prison for Sex TraffickingRead the Press Release
A 34-year-old former Las Vegas man was sentenced today in U.S. District Court in Seattle to 198 months in prison and ten years of supervised release for sex trafficking involving juveniles and adults, announced U.S. Attorney Annette L. Hayes. ROBERT RYAN POWELL was convicted of two counts of transportation of a juvenile with intent to engage in prostitution, and one count of sex trafficking an adult victim by force, fraud and coercion. POWELL was convicted following a seven-day trial in June 2016. At sentencing U.S. District Judge Richard A. Jones said, “You were a predator of young women, whether teen-agers or adults…. Pimping was your chosen lifestyle…. Today you ask for compassion when you failed to demonstrate any compassion for your victims.”
“This defendant preyed on vulnerable teens and adult women, callously exploiting them for his financial gain,” said U.S. Attorney Annette L. Hayes. “Without hesitation, he used violence and threats to control them. The lengthy prison sentence imposed today sends a clear message and will ensure that others will not fall victim to his predatory ways.”
According to records filed in the case and testimony at trial, between January 2014 and January 2015, POWELL used force, fraud and coercion to keep an adult female working for him as a prostitute as he transported her across various western states including Nevada, Arizona, New Mexico, Utah, Colorado, South Dakota, Idaho and Washington. POWELL used physical and emotional abuse to keep the woman working as a prostitute and supplying him with all of her earnings.
In August 2014, POWELL recruited two juveniles in the Seattle area to work for him as prostitutes. POWELL transported the two juveniles from Washington to San Jose, California, where he forced them to work as prostitutes and provide him with their earnings. He then abandoned them in San Jose, where the girls were recovered by law enforcement. POWELL was arrested in January 2015 in Rapid City, South Dakota where he was sex trafficking two adult women. He was returned to Western Washington for prosecution.
POWELL used Backpage.com to advertise the adult female for prostitution dates and used Backpage.com and other social media sites to recruit his victims to work for him as prostitutes.
POWELL was previously convicted in 2007 of Attempted Pandering in Clark County, Nevada, and in 2009 of Assault with a Deadly Weapon in Orange County, California.
Judge Jones set a January 2017 hearing to determine the amount of restitution POWELL will be required to pay to his victims.
The case was investigated by the Seattle Police Department and the FBI’s Child Exploitation Task Force, with investigative assistance provided by the San Jose Police Department, Rapid City Police Department, the South Dakota Criminal Investigations Division, the Las Vegas Metropolitan Police Department, Orange Police Department, and the Los Angeles Police Department. The case was prosecuted by Assistant United States Attorneys Kate Crisham and Amy Jaquette.
Former CEO Sentenced for Bribery and Fraud Scheme Involving Red Light Camera ContractsRead the Press Release
COLUMBUS, OHIO -- A former CEO of a traffic light enforcement camera vendor was sentenced today to 14 months in prison for her role in a multi-year bribery and fraud scheme, announced Assistant Attorney General Leslie R. Caldwell of the Department of Justice’s Criminal Division, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio and Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Field Office.
Karen L. Finley, 57, of Cave Creek, Arizona, was sentenced today before U.S. District Judge Michael H. Watson of the Southern District of Ohio. She pleaded guilty on June 19, 2015, to one count of conspiracy to commit federal programs bribery and honest services wire and mail fraud. Finley cooperated with the government’s investigation against John Raphael, an Ohio lobbyist, who pleaded guilty to one count of violating the Hobbs Act for his involvement in the scheme. On June 8, 2016, Raphael was sentenced to serve 15 months in prison.
From December 2005 to February 2013, Finley served as CEO of a red light camera enforcement company. During this time, she participated in a scheme in which the company made campaign contributions to elected public officials in the cities of Columbus, Ohio, and Cincinnati through Raphael, a consultant retained by the company. Finley and others, including another executive of the company, agreed to provide the conduit campaign contributions through Raphael with the understanding that the elected public officials would assist the company in obtaining or retaining municipal contracts, including a red light camera enforcement contract with the city of Columbus. Finley also admitted that she and her co-conspirators concealed the true nature and source of the payments by Raphael and the company’s payment of false invoices for “consulting services,” which funds Raphael then provided to the campaigns of the elected public officials.
The FBI’s Cincinnati Field Office, Columbus Resident Agency, investigated the case with the assistance of IRS-Criminal Investigation and the Ohio Bureau of Criminal Investigation. Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney J. Michael Marous of the Southern District of Ohio prosecuted the case.
Former "Living the Dream" Executive Director Sentenced in Fraud SchemeRead the Press Release
Wendy Askins, 55, of Red Boiling Springs, former Executive Director for the Upper Cumberland Development District (UCDD), was sentenced today by U.S. District Judge Aleta A. Trauger to 18 months in prison, followed by two years of supervised release, for misusing the organization’s funds, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Judge Trauger also ordered Askins to pay $233,000 in restitution.
Askins was previously charged in a 12-count superseding indictment charging conspiracy, bank fraud, embezzlement, and making false statements. Askins pleaded guilty on August 30, 2016, to theft of Federal program funds.
The fraudulent scheme was carried out from March 2010 through February 2012. During that period, Askins purchased a property outside of Cookeville, Tennessee which she named Living the Dream. Askins used funds belonging to UCDD and its sister agencies, including the Cumberland Regional Development Corporation (CRDC) and the Cumberland Area Investment Corporation (CAIC), to renovate the home. Living the Dream was to serve as an assisted living facility for senior citizens, however, Askins and her daughter moved into the property and made luxurious upgrades to their residential wings.
Askins also set up a company called L.A. Management to operate the senior living facility. In order to hide her wrongdoing, Askins directed employees to falsify the minutes of the board of director’s meetings. At other times, Askins lied about the circumstances of the fake board minutes.
According to court documents, Askins carried out the scheme with co-defendant Larry Webb, who previously pleaded guilty on August 17, 2015. Webb is scheduled to be sentenced on November 14, 2016.
The case was investigated by the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigation Division; the U.S. Department of Commerce, Office of Inspector General; the U.S. Health and Human Services, Office of Inspector General; and the U.S. Housing and Urban Development, Office of Inspector General. The United States was represented by Assistant U.S. Attorneys Stephanie N. Toussaint and William F. Abely.
Florida Telemarketer Sentenced for Role in Multimillion Dollar ScamRead the Press Release
This morning, in Federal Court in East St. Louis, IL, Aston Lloyd Davis, 32, of Orlando, FL, was sentenced to 18 months in prison for his role in the National Solutions timeshare re-sale fraud scheme, announced Donald S. Boyce, United States Attorney for the Southern District of Illinois. Davis had pled guilty on June 15, 2016, to a charge of conspiring to commit mail and wire fraud.
Davis was a telemarketer for National Solutions and related companies located in Orlando, Florida. National Solutions defrauded consumers using various fictitious business names, including Bluescape Timeshares International, Country Wide Timeshares, Countrywide Timeshares MA, Landmark Timeshares, Propertys Direct, Quicksale Propertys, Sun Property Networks, Sun Property’s, Universal Propertys, VIM Timeshares, Propertys DRK, Quick Sale Advisers, Quick Sale International, City Resorts, Resort Advisers, American Timeshares, Exit Week, and Resort Advisors International.
National Solutions and the related companies targeted owners of timeshares throughout the United States and Canada. Telemarketers working for National Solutions, including Davis, made telemarketing calls to timeshare owners. During these calls, the telemarketers falsely represented that they had located buyers who were interested in purchasing the victims’ timeshares. To complete the transaction, however, the telemarketers told the victims that they had to pay a fee of approximately $2,000 to National Solutions. There were no buyers interested in purchasing the timeshares, and the victims lost the $2,000 fees that they paid. The telemarketers earned a commission for each fraudulent sale they made.
In various court filings related to the National Solutions scam, the government has alleged that the overall scam bilked over 2,500 consumers out of at least $6 million, including eight victims in the Southern District of Illinois.
In addition to the 18 month prison sentence, the court also ordered Davis to pay $52,637.56 in restitution to the victims of his crime. After he is released from prison, Davis will be required to serve a five year period of supervised release.
The Federal Trade Commission ("FTC") investigated the National Solutions businesses and brought a civil complaint in the United States District Court for the Middle District of Florida in Orlando. Pursuant to a court order in that case, on July 13, 2011, the FTC seized the offices and records of National Solutions.
This prosecution is one of nearly one-hundred timeshare resale fraud prosecutions brought in the Southern District of Illinois over the past four years. The case is part of an ongoing investigation by the St. Louis Field Office of the Chicago Division of the United States Postal Service. The prosecution of this case was handled by Assistant United States Attorneys Bruce Reppert and Scott Verseman.
Federal Jury Convicts Charlotte Insurance & Financial Executive of Filing False Tax Returns and Obstruction of Grand Jury InvestigationRead the Press Release
CHARLOTTE, N.C. – A federal jury convicted Patrick Emanuel Sutherland, 48, of Charlotte, of filing false tax returns and obstructing a federal grand jury investigation charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Rose is joined in making today’s announcement by Thomas J. Holloman III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI).
According to filed court documents and evidence presented at trial, from at least 2007 to 2015, Sutherland was an actuary, and the owner and operator of numerous companies in the insurance and financial industries. Between 2007 and 2010, Sutherland engaged in an elaborate scheme to conceal a substantial amount of income. Trial evidence established that Sutherland filed false tax returns with the IRS which underreported business receipts and personal income of approximately $2 million in income received from an offshore bank account in Bermuda, as well as from domestic sources. For example, according to the evidence, despite receiving substantial income for the relevant time period, Sutherland reported a combined income of approximately $276,697, and paid less than a mere $10,000 in total federal income taxes. During the same four-year period, Sutherland’s lifestyle and expenditures for personal living expenses far exceeded his total income reported on his individual tax returns, including over $80,000 in private school tuition for his daughter and high end jewelry purchases.
According to evidence presented at trial, witness testimony and filed court documents, to conceal the fraud, Sutherland falsely claimed that international wires to his domestic bank accounts were loans from his sister’s company. In reality, most of these funds were insurance commissions due to Sutherland or were funds obtained from a brokerage account in Bermuda which Sutherland controlled.
Trial evidence established that Sutherland worked with offshore insurance companies and some of his commissions had to be paid to an offshore intermediary. Sutherland used his Bermuda-based shell company, Steward Technology Services Limited (STS) to funnel personal and business funds to Sutherland’s U.S. bank accounts. On numerous occasions, Sutherland mischaracterized the wire transfers from STS’s bank account in Bermuda to Sutherland’s various domestic accounts as capital contributions and loans.
Evidence presented at trial demonstrated that on several occasions between June 2012 and September 2012, Sutherland sought to obstruct a federal investigation by providing fraudulent documents, including records of sham loans and documents purportedly reflecting his lack of control over his foreign business bank account in Bermuda.
The federal jury delivered the guilty verdict following a five-day trial. Sutherland is currently released on bond. The penalty for filing a false tax return is a maximum term of three years in prison and a $250,000 fine per count. The obstruction of official proceedings charge carries a maximum term of 20 years in prison and a $250,000 fine.
IRS-CI led the investigation. Assistant United States Attorneys Jenny G. Sugar and Daniel Ryan of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Federal Judge Finds Davon Lymon Guilty of Unlawfully Possessing a Firearm on Oct. 21, 2015Read the Press Release
ALBUQUERQUE – This morning Chief U.S. District Judge M. Christina Armijo returned a guilty verdict against Davon Lymon, 35, of Albuquerque, N.M., on a felon in possession of a firearm and ammunition charge based on evidence presented during a two-day bench trial on Oct. 24 and 25, 2016. More specifically, the Chief Judge found Lymon guilty on Count 4 of a four-count indictment, which charged Lymon with unlawfully possessing a firearm and ammunition on Oct. 21, 2015, the day on which Lymon allegedly shot Officer Daniel Webster of the Albuquerque Police Department (APD). Officer Webster died on Oct. 29, 2015, as a result of injuries he sustained during the shooting.
In announcing the guilty verdict against Lymon, U.S. Attorney Damon P. Martinez said, “The U.S. Attorney’s Office is prosecuting Davon Lymon because as a community, we cannot and will not tolerate violence against law enforcement officers. Those who seek to harm the courageous men and women who put their lives on the line to safeguard us and protect our communities are, by definition, the ‘worst of the worst’ offenders. The entire law enforcement community – federal, state, county, local and tribal – is committed to working collaboratively to thoroughly and completely investigate and prosecute individuals like Lymon to the fullest extent of the law.”
“Officer Daniel Webster embodies every sense of the word ‘hero.’ He served his nation as a soldier, his community as a dedicated officer, and his family as a loving husband and devoted father,” said Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope that today’s guilty verdict provides a measure of comfort to his family and resonates as a beacon to the community he served.”
“On behalf of the Albuquerque Police Department and together with the greater Albuquerque Community, we thank the U.S. Attorney’s Office and the prosecutors for their exceptional work in this case,” said APD Chief Gorden E. Eden, Jr. “Officer Dan Webster was our hero, a true public servant with compassion for our community. Today’s verdict is significant as it takes us one step closer to justice for Officer Webster, Michelle and the family.”
The U.S. Attorney’s Office is prosecuting Lymon, a prior felon with convictions for voluntary manslaughter, aggravated battery with a deadly weapon resulting in great bodily harm, fraud, and forgery, in two federal cases.
In this case (the firearms case), Lymon was charged in a four-count indictment with three counts of being a felon in possession of a firearm and one count of unlawfully possessing a stolen firearm in Bernalillo County. Counts 1 and 2 charge Lymon with unlawfully possessing a firearm on May 27, 2015, and Count 3 charges Lymon with unlawfully possessing a stolen firearm in late May 2015. Count 4 – the charge on which Lymon was found guilty today – charged Lymon with unlawfully possessing a firearm and ammunition on Oct. 21, 2015.
Lymon entered a not guilty plea to the charges in the firearms case, and the Court severed Counts 1, 2 and 3 from Count 4 for the purposes of trial. A trial date on Counts 1 through 3 has yet to be scheduled. The public is reminded that charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. The statutory maximum penalty for a conviction on each of the four counts in the firearms case is ten years in federal prison.
In the other federal case (the heroin trafficking case), Lymon was charged with distributing heroin on Sept. 11, 2015 and Oct. 2, 2015, and unlawfully possessing a firearm on Oct. 2, 2015, in Bernalillo County, N.M. Lymon pled guilty to the three charges in the heroin trafficking case on May 9, 2016. The guilty plea was entered without the benefit of a plea agreement. At his sentencing hearing, which has not been scheduled, Lymon faces a statutory maximum penalty of 20 years in prison on the two heroin trafficking charges and ten years on the firearms charge.
The Albuquerque office of ATF and APD investigated the firearms case, with assistance from the Albuquerque office of the FBI, the U.S. Marshals Service, the New Mexico State Police, the Bernalillo County Sheriff’s Office, the Rio Rancho Police Department and the New Mexico Transportation Police Division. The heroin trafficking case was investigated by the Albuquerque offices of ATF and DEA.
Assistant U.S. Attorneys Jacob A. Wishard and Kimberly A. Brawley are prosecuting the two federal cases against Lymon as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
Lymon VerdictFayez Sarofim to Pay $720,000 Civil Penalty for Violating Antitrust Premerger Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission, filed a civil antitrust lawsuit yesterday in U.S. District Court in Washington, D.C., against Fayez Sarofim for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when he acquired voting securities of Kinder Morgan Inc., in 2001, 2006 and 2012, and Kemper Corporation in 2007. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Sarofim has agreed to pay a $720,000 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review. Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR violation increased from $16,000 per day to $40,000 per day effective Aug. 1.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Daniel P. Ducore, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Sarofim CIS
Sarofim Complaint
Sarofim Explanation
Sarofim PFJ
Sarofim Stipulation
Fairmont, WV man sentenced for illegal possession of a firearmRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kyle Kuroski, 24, of Fairmont, West Virginia, was sentenced to 70 months in prison for illegally possessing a firearm, United States Attorney William J. Ihlenfeld, II, announced.
Kuroski, who was previously convicted of “Possession with Intent to Deliver Cocaine” in state court in West Virginia, was discovered to be in possession of a .45 caliber pistol last year in Marion County. Kuroski pled guilty in June 2016 to one count of “Felon in Possession of a Firearm.”
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Fairmont Police Department investigated.
U.S. District Judge Irene M. Keeley presided.
Dorchester Man Sentenced to 28 Years in Prison for Attempting to Kill Suspected Federal WitnessRead the Press Release
BOSTON – A Dorchester man was sentenced late yesterday on charges of tampering with a witness by attempting to kill him.
“Mr. Casanova attempted to take a man’s life in order to ensure his silence,” said United States Attorney Carmen M. Ortiz. “Witness tampering not only impacts a criminal case, it shakes the very core of our justice system. Witnesses play a critical role in the government’s ability to hold criminals accountable and often times bring closure to victims. This sentence demonstrates the strength of the legal system to hold violent individuals accountable for their crimes.”
“Attempting to coerce the legal system through intimidation and murder has very serious consequences, as Mr. Casanova is now finding out,” said Matthew Etre, Special Agent in Charge of HSI Boston. “Thankfully Mr. Casanova’s attempt to silence what he thought was a federal witness to the criminal activities of this notorious gang failed. HSI remains vigilant and will continue to work with our law enforcement partners to track down criminals such as this and protect those who come forward to assist law enforcement.”
Jaquan Casanova a/k/a “Cass,” “Joffe,” “Joffy,” and “Joffy Joe,” 24, was sentenced by U.S. District Court Judge Denise J. Casper to 28 years in prison and five years of supervised release. In June 2016, he was convicted by a federal jury following a seven-day trial of tampering with a witness by attempting to kill him and lying to a federal agent about his involvement in a sex trafficking ring.
On April 30, 2013, Casanova shot Darian Thomson (“Bo”) in the head at close range to prevent him from communicating with federal law enforcement officers. Casanova was a member of a multi-state criminal organization led by Raymond Jeffreys that was involved in sex trafficking, drug trafficking, and fraudulent check cashing. In March 2013, Thomson was indicted on federal sex trafficking charges while in custody in New Jersey on unrelated state charges. In April 2013, Thomson was released and returned to Boston, where Casanova attempted to kill him. Jeffreys and other members of the criminal organization erroneously believed that Thomson had been released as a result of his cooperation with federal law enforcement, and that he would continue to provide information about their criminal activities.
From 2006 to May 2014, Jeffreys and other members of his organization trafficked women and minor girls in Massachusetts, Maine, New Hampshire, Vermont, Rhode Island, Connecticut, Pennsylvania, New Jersey, New York, Maryland, Nevada, Georgia, Florida and California. Jeffreys targeted vulnerable girls and women, including those who were poor and homeless, drug addicted, and those who were already working as prostitutes. Jeffreys used a variety of techniques to persuade and manipulate the women, including making promises about providing for them and their children, and then only doing so if the women performed acts of prostitution. He also used a variety of techniques to control the girls and women, including threatening that he would kill them. Jeffreys also taught other men how to engage in sex trafficking and worked with other men as “pimp partners” or “p partners” to share resources, such as car rides, hotel rooms, and payment for online advertisements.
On May 19, 2016, Jeffreys was sentenced to 30 years in prison after pleading guilty to sex trafficking and conspiring to tamper with a witness by attempting to kill him.
U.S. Attorney Ortiz; SAC Etre; and Boston Police Commissioner William Evans, made the announcement. The case was investigated by Homeland Security Investigations, the Boston Police Department’s Human Trafficking and Homicide Units and the Federal Bureau of Investigation.
The case was prosecuted by Assistant U.S. Attorneys Amy Harman Burkart and David D’Addio of Ortiz’s Civil Rights Enforcement Team and Special Assistant U.S. Attorney David S. Bradley from the Suffolk County D.A.’s Office.
Detroit-Area Home Health Care Agency Owner Sentenced to 30 Years in Prison for $33 Million Medicare Fraud SchemeRead the Press Release
The owner of several Detroit home health care companies was sentenced today to 360 months in prison for his role in a Medicare fraud scheme that caused approximately $33 million in losses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG) Chicago Regional Office made the announcement.
Zafar Mehmood, 50, of Ypsilanti, Michigan, was sentenced by U.S. District Judge Judith E. Levy of the Eastern District of Michigan, who also ordered Mehmood to pay $40,488,106.98 in restitution. Forfeiture will be determined at a hearing on Nov. 7, 2016. On July 27, 2015, Mehmood was convicted of one count of conspiracy to commit health care fraud, four counts of health care fraud, one count of conspiracy to pay and receive health care kickbacks, one count of conspiracy to commit money laundering, two counts of money laundering and two counts of obstruction of justice.
According to evidence presented at trial, from 2006 through 2011, Mehmood participated in a scheme in which he obtained patients by paying cash kickbacks to recruiters, who in turn paid cash to patients to induce them to sign up for home health care with Mehmood’s companies: Access Care Home Care Inc., Patient Care Home Care Inc., Hands On Healing Home Care Inc. and All State Home Care Inc. The evidence also showed that he paid kickbacks to physicians to refer patients to the companies for unnecessary home health care services.
In addition, trial evidence showed that Mehmood and his co-conspirators falsified records to make it appear as if the patients qualified for and received the services for which Medicare paid over $33 million during the course of the conspiracy. Mehmood used a co-conspirator to launder the proceeds of the fraud through shell companies under Mehmood’s control, according to trial evidence.
Trial evidence also demonstrated that while visiting an HHS-OIG facility during pretrial release to review evidence with his attorney, Mehmood stole incriminating documents that law enforcement authorities had seized during the execution of search warrants at Mehmood’s companies. Law enforcement agents subsequently recovered the missing documents in a search of Mehmood’s jail cell.
A co-defendant, Badar Ahmadani, was also convicted at trial of one count of conspiracy to commit health care fraud and one count of conspiracy to pay and receive health care kickbacks. Ahmadani is scheduled to be sentenced on Nov. 7, 2016.
The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Fraud Section Trial Attorneys Niall M. O’Donnell and A. Brendan Stewart prosecuted the case.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,900 defendants who have collectively billed the Medicare program for more than $10 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
Cincinnati Man Convicted of Distribution of Fentanyl Causing Serious Bodily InjuryRead the Press Release
COVINGTON, Ky. — A Cincinnati man will serve 25 years in federal prison, after admitting in federal court that he distributed fentanyl to an individual in northern Kentucky, who overdosed, but survived after receiving medical treatment.
On Thursday, during the fourth day of trial, held in Covington, Antoine Dudley, 32, pleaded guilty to distributing a controlled substance that caused serious bodily injury. U.S. District Judge Amul Thapar accepted a binding plea agreement that will require Dudley to serve 25 years in prison and 15 years of supervised release. He is scheduled to be sentenced on December 1, 2016; and he must serve at least 85 percent of his prison sentence. Dudley also agreed to forfeit money and two cellular phones seized at the time of his arrest.
“The increasing use of naloxone saves lives that would otherwise be lost to drug overdoses,” said Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. “Happily, that was the case here, but the severe penalty for selling drugs that result in an overdose applies, even if the victim survives. We intend to use every tool available to us in order to combat Kentucky’s opioid epidemic-including the mandatory sentence of 20 to life in cases such as this one.”
According to testimony at trial, Dudley regularly sold both heroin and fentanyl, to multiple customers throughout northern Kentucky, during a period of time between September 1, 2014 and his arrest on May 8, 2015. Evidence showed that he distributed fentanyl, in Kenton County, on November 21, 2014 that caused the user to overdose and stop breathing. Paramedics of the Covington Fire Department responded to the call and were able to revive the victim of the overdose through the administration of naloxone (Narcan). The victim has made a full recovery, but evidence showed that she would have died if not for the actions of the responding paramedics.
Dudley was on trial for conspiracy to distribute heroin and fentanyl and related distribution offenses. Dudley was initially charged in September of 2015.
Dudley was prosecuted under the U.S. Attorney’s Office Overdose Prosecution Initiative, which has become an important tool in the battle against the heroin and opioid epidemic.
For more information visit https://www.justice.gov/usao-edky/pr/united-states-attorneys-office-announces-successful-results-overdose-prosecution
U.S. Attorney Harvey, and Jennifer Moore, Acting Special Agent in Charge, Federal Bureau of Investigation, jointly announced the conviction.
The investigation was conducted by the F.B.I. Safe Streets Task Force and the Covington Police Department. The U.S. Attorney’s Office was represented in the case by Assistant U.S. Attorney Tony Bracke.
Career Criminal Sentenced to 30 Years for Heroin and Gun CrimesRead the Press Release
RICHMOND, Va. – Elbrendel Edwards, 42, of Richmond, was sentenced today to 30 years in prison for possession with intent to distribute heroin and possession of firearms by a convicted felon.
Edwards pleaded guilty on July 22. According to court documents, Edwards distributed approximately 12 kilograms of cocaine and approximately 6 kilograms of heroin into the Richmond community in the one-year period leading up to his April 18 arrest. Court documents also indicate that some of the heroin Edwards distributed led to multiple overdoses. In addition to distributing multi-kilogram quantities of cocaine and heroin, Edwards was in possession of three firearms: A Smith and Wesson semi-automatic handgun; a Taurus .22 caliber revolver which he traded for with heroin; and a Raven Arms .25 caliber semi-automatic handgun. In April law enforcement agents executed a search warrant at two residences used by Edwards and recovered heroin, drug packaging materials, and the three firearms.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Colonel Thierry Dupuis, Chesterfield County Police Department, made the announcement after sentencing by U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Angela Mastandrea-Miller prosecuted the case.
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. 3:16-cr-64.
Authorities Make Multiple Arrests in Large Narcotics Trafficking and Money Laundering ConspiracyRead the Press Release
LAREDO, Texas – A total of 18 defendants have been taken into custody in Laredo, San Antonio and other areas of the country on charges involving cocaine, methamphetamine, heroin and fentanyl, announced U.S. Attorney Kenneth Magidson.
Those taken into custody include Antonio Romero Jr., 29, of Laredo, who has been identified as the head of the drug trafficking cell which operated out of Orlando, Florida. He was taken into custody in Orlando where he made his initial appearance and ordered detained pending further criminal proceedings in Laredo. His wife, Olinda Romero, 29, of Mexico, was also arrested in Orlando under on money laundering charges. Authorities also arrested Loreto Castaneda Macedo, 37, of Mexico, and Francisco Javier Salazar Diaz, 58, of Mexico, in Ft. Lauderdale, Florida.
In South Texas, authorities arrested 12 others who will make their initial appearances before U.S. Magistrate Judge Guillermo R. Garcia on Monday, Oct. 31, 2016. Those persons include Nora Arlette Romero, 37, Tito Garcia, 44, Oscar N. Mancillas, 26, Karina Mancillas-Rubio, 28, Jason Aguilar Blake, 29, Jesus Miguel Torres, 30, Daniel Laurel, 31, Hector Ortiz, 22, Stephanie Ozuna, 26, Maria Lilia Ozuna, 61, Oscar Mancillas Santos, 56, and Olga Calzado de Mancillas, 54.
Two others - Luis Felipe Santos Alejandro, 29, and Dennis Alvarez Boquin, 32, were arrested in Santa Monica, California, and Atlanta, Georgia, respectively.
The defendants are alleged members of a drug and money laundering organization and are charged with various to include engaging in a continuing criminal enterprise, conspiracy to possess with intent to distribute multi kilograms quantities of cocaine, methamphetamine, heroin and fentanyl, conspiracy to launder drug proceeds and numerous other money laundering violations.
The indictments charge the defendants with engaging in a conspiracy to distribute cocaine, methamphetamine, heroin and fentanyl through the use of the U.S. Postal Service or other means such as Federal Express. They allegedly used various U.S. bank accounts to transfer drug proceeds from U.S. distribution hub cities to U.S. cities along the Mexican border, including Laredo, and to places outside the United States, such as Mexico, Ecuador and Peru.
In addition to the criminal charges, the indictments seek to forfeit all property, real and personal, involved in the offenses and all property traceable to such property to include but not limited to approximately $5 million in U.S. currency. In conjunction with the arrests, authorities seized at least 28 vehicles as property derived from drug proceeds.
The charges are the culmination of a long term Organized Crime Drug Enforcement Task Force Investigation dubbed Tres Equis spearheaded by the Drug Enforcement Administration (DEA) with assistance of IRS – Criminal Investigation. Agencies also lending support to the investigation and arrests include the U.S. Marshals Service, Laredo Police Department, sheriff’s offices in Webb and Zapata Counties, Webb County District Attorney’s Office, U.S. Border Patrol and the Texas Department of Public Safety.
Assistant U.S. Attorney Graciela R. Lindberg is prosecuting the case.
An indictment is an accusation of criminal conduct, not evidence.
Defendants are presumed innocent unless and until convicted through due process of law.
Ashland Cardiologist Convicted of Health Care FraudRead the Press Release
COVINGTON, Ky. — A federal jury has found a cardiologist from Ashland, Ky., guilty of charges that he fraudulently billed Medicare, Medicaid, and private insurers for invasive heart procedures that were medically unnecessary.
On Thursday afternoon, Richard E. Paulus was found guilty of health care fraud and making false statements relating to health care matters, following a seven-week trial. According to evidence presented at trial, from 2008 to 2013, Paulus performed numerous invasive heart procedures on patients who did not need them. In order to justify these unnecessary procedures, Paulus falsified patients’ medical records, to exaggerate their medical condition and to make it appear that the heart procedures were necessary and qualified for payment.
Specifically, Paulus was convicted of placing unnecessary coronary stents and performing unnecessary diagnostic catheterizations in patients. Medicare, Medicaid, and private insurers will only reimburse for medically necessary procedures. Under medical standards of care, government and private insurers generally reimburse medical providers who place coronary stents in patients whose arteries are at least 70 percent blocked plus symptoms. According to the evidence, Paulus placed stents in over seventy patients whose blockages were significantly less than 70 percent – in some cases very little blockage at all; but Paulus recorded them at or near 70 percent in the records, in order to get paid for the procedures. Ten cardiologists testified on behalf of the United States. These medically unnecessary procedures were performed during his tenure at King’s Daughters Medical Center in Ashland.
“All of us rely on our healthcare providers to make treatment decisions based solely on medical considerations, untainted by financial considerations,” said Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky. The jury determined that Dr. Paulus dishonored this fundamental duty to many of his patients in order to defraud federal healthcare programs. This is entirely unacceptable conduct, particularly in relation to invasive medical procedures, and justice has been served in this case. The overwhelming majority of healthcare providers put the best interest of their patients first; the failure to do so in this matter demands accountability. This victory is a milestone in an investigation spanning several years – the citizens of the United States have been well-served by our extraordinary trial team, law enforcement partners, and all of our staff who contributed to this result.”
From 2006 to 2012, Paulus billed Medicare for more heart procedures than any other cardiologist in Kentucky and was number 5 in the nation in terms of amount paid by Medicare for stent procedures.
In May of 2014, King’s Daughters Medical Center agreed to pay the U.S. Government $40.9 million to resolve civil allegations that it made millions of dollars by falsely billing federal health care programs for performing medically unnecessary heart procedures on patients.
Kerry B. Harvey, U.S. Attorney for the Eastern District of Kentucky, Jennifer Moore, Acting Special Agent in Charge, FBI; and Derrick Jackson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Atlanta Region; and Andy Beshear, Kentucky Attorney General, jointly announced the verdict.
The investigation was conducted by FBI and the Department of Health and Human Services, and the Kentucky Office of Attorney General-Medicaid Fraud and Abuse Control Unit. Assistant United States Attorneys Andrew Sparks and Kate Smith prosecuted the case on behalf of the federal government. Paulus is scheduled to be sentenced on April 25, 2017. He faces a maximum of 20 years for health care fraud and up to five years for making false statements.
Arlington Man Pleads to Guilty Child Pornography ChargesRead the Press Release
ALEXANDRIA, Va. – James Jeffrey Schroeder, 50, of Arlington, a former teacher’s assistant at Sharyland High School in Mission, Texas, pleaded guilty today to charges of receiving and downloading child pornography.
According to the statement of facts filed with the plea agreement, from approximately 1997 to August 2015, Schroeder received and downloaded child pornography from the internet and from a family member. A forensic review of Schroeder’s electronic media revealed over 83,000 images and 400 videos of child pornography. Many of the images and videos were sadistic or masochistic in nature and depicted scenes of violence.
Schroeder faces a maximum penalty of 20 years in prison when sentenced on Feb 2, 2017. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, made the announcement after the plea was accepted by U.S. District Judge T. S. Ellis, III. Assistant U.S. Attorney Whitney Dougherty Russell is prosecuting the case.
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. 1:16-cr-242.
Amherst Woman Sentenced for Conspiracy to Import Alpha-PVPRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Judi Strong, 43, of Amherst, NY, who was convicted of conspiracy to import Alpha-PVP, a Schedule I controlled substance, was sentenced to 12 months in prison by U.S. District Court Judge Lawrence J. Vilardo.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that in July 2015, Strong conspired with a co-defendant to import Alpha-PVP into the United States from China. The defendant ordered the substance on-line and had it shipped in two FedEx Express Mail packages to her residence in Amherst. Federal law enforcement officers intercepted the packages and performed a controlled delivery to Strong at her residence where she accepted delivery of the two packages. The two packages contained approximately 178 grams of Alpha-PVP.
The sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero.Albert Einstein Healthcare Network and Einstein Practice Plan Agree to Settlement of Voluntary DisclosureRead the Press Release
The United States announces that it has settled allegations under the False Claims Act with Albert Einstein Healthcare Network and the Einstein Practice Plan for improperly billing Medicare for services submitted on behalf of a cardiologist. The Einstein defendants voluntarily disclosed the allegations and have agreed to pay $968,418.60 to resolve the matter. The cardiologist no longer works for the Einstein defendants.
According to the self-disclosure and the investigation that followed, between October 15, 2010 and January 9, 2012, bills were submitted to Medicare for services performed by the cardiologist which the United States alleges were not medically necessary or lacked sufficient documentation, resulting in overpayments to Einstein. The United States alleges that false claims were submitted to the government. After it discovered the problem, the Einstein defendants took corrective action to resolve the improper payments, and disclosed the matter to the United States Attorney’s Office.
This matter was handled by Department Health and Human Services Office of the Inspector General, including Attorney Katherine Matos, and Assistant United States Attorney Susan Dein Bricklin and Auditor George Niedzwicki.
27 October 2016
Zuni Pueblo Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Vander Tsethlikai, 53, a member and resident of Zuni Pueblo, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a domestic assault by a habitual offender charge. Under the terms of his plea agreement, Tsethlikai will be sentenced to 18 months in federal prison followed by a term of supervised release to be determined by the court.
Tsethlikai was arrested on Jan. 6, 2016, on an indictment charging him with assault of an intimate partner by a habitual offender. According to the indictment, Tsethlikai committed the offense on July 13, 2015, on Zuni Pueblo in McKinley County, N.M. Tsethlikai was charged as a habitual offender based on his two prior domestic violence convictions in Zuni Pueblo Tribal Court. Zuni Pueblo Tribal Court records reflect that Tsethlikai’s prior convictions occurred in 2010 and 2014.
During today’s proceedings, Tsethlikai pled guilty to the indictment and admitted that on July 13, 2015, he assaulted the victim, his intimate partner, causing her to suffer lacerations above the right eye and on the right ear. He also acknowledged his two prior tribal court convictions. Tsethlikai was remanded into custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Zuni Pueblo Tribal Police Department. The case is being prosecuted by Assistant U.S. Attorney Elaine Y. Ramirez pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Yonkers Man Sentenced in White Plains Federal Court to More Than 22 Years in Prison for Kidnapping and Sex Trafficking A 19-Year-Old VictimRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced today that CLYDEDORO GRAHAM was sentenced in White Plains federal court to 270 months in prison for kidnapping a 19-year-old victim (the “Victim”), conspiring to engage in sex trafficking of the Victim, and attempting to engage in sex trafficking of the Victim. CLYDEDORO GRAHAM was convicted in November 2015 after a seven-day jury trial before United States District Judge Nelson S. Román, who imposed today’s sentence.
U.S. Attorney Preet Bharara stated: “Clydedoro Graham orchestrated a horrifying plot to lure a 19-year-old woman to his apartment, hold her against her will, and coerce her—through repeated sexual assault and other physical and psychological pressure—to work as a prostitute for him. A unanimous jury convicted him of kidnapping and sex trafficking, and today, the Court imposed a significant sentence that reflects the viciousness of the defendant’s crimes.”
According to the allegations in the Complaint and Superseding Indictment filed in federal court, and the evidence presented at trial:
On the evening of June 16, 2014, CLYDEDORO GRAHAM was at his apartment in Yonkers, New York, (the “Apartment”) with his girlfriend and accomplice, Alisa Papp. His cousin, Kevin Graham, and his friend, Hector Garcia, were also present. As Papp, Kevin Graham, and Garcia knew, CLYDEDORO GRAHAM was a “pimp.” That night, the four co-conspirators agreed to lure a prostitute to the Apartment for the purpose of forcing her to work for them.
CLYDEDORO GRAHAM was the leader of this scheme. Using his cellphone, he went to Backpage.com, a website where prostitutes post advertisements. He trolled through the advertisements searching for a target, and eventually decided on the Victim. Kevin Graham called the Victim and led her to believe, falsely, that he wanted to hire her for a prostitution “date.”
When the Victim arrived, the co-conspirators were lying in wait. Papp served as the lookout, making sure the Victim did not arrive with anyone else. Kevin Graham met her outside and led her into the Apartment, while CLYDEDORO GRAHAM and Garcia hid inside. Once inside the Apartment – and at the direction of CLYDEDORO GRAHAM – the co-conspirators took away the Victim’s purse and phone, removed the battery from her phone, and told her that she was there to work as a prostitute for them. The Victim asked repeatedly to leave, but CLYDEDORO GRAHAM and his accomplices refused.
The co-conspirators told the Victim that she had no choice but to have sex with each of the men. She refused and asked again to go home. CLYDEDORO GRAHAM said she could give it up or they would “take it.” CLYDEDORO GRAHAM, Kevin Graham, and Hector Garcia took turns having sex with the Victim, against her will.
Later that night, Kevin Graham and Garcia left the Apartment. For the next two days and two nights, CLYDEDORO GRAHAM and Papp held the Victim captive in the Apartment. Among other coercive measures, CLYDEDORO GRAHAM removed the doorknob from the interior side of the Apartment’s front door to prevent the Victim from escaping. He then made plans to bring the Victim out onto the streets of Yonkers to prostitute her for his own benefit.
CLYDEDORO GRAHAM’s scheme unraveled on June 18, 2014, when two Yonkers police officers arrived at the Apartment after receiving a tip from individuals who had been searching for the Victim. The officers demanded to speak with the Victim, immediately determined that she was being held against her will, and brought her to safety.
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In addition to the prison sentence, CLYDEDORO GRAHAM, 28, of Yonkers, New York, was sentenced to three years of supervised release.
Mr. Bharara praised the outstanding investigative work of the FBI’s Westchester Violent Crimes Task Force, which comprises agents and detectives of the FBI, United States Probation, the City of Yonkers Police Department, the City of Peekskill Police Department, the New York City Police Department, the Westchester County Police, and the Westchester County District Attorney’s Office.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Douglas Zolkind and Kathryn Martin are in charge of the prosecution.
Winchester Woman Sentenced to 10 Years in Federal Prison for Conspiring to Distribute in Excess of One Kilogram of HeroinRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Jaclyn Hilow, age 29, of Winchester, New Hampshire was sentenced by United States District Judge Joseph A. DiClerico, Jr., to 120 months in federal prison. Hilow previously had pleaded guilty to conspiracy to distribute one kilogram or more of heroin.
Court records show that after a lengthy investigation, law enforcement determined that Hilow was employed as a runner for a drug trafficking organization headed, authorities allege, by Ross Gould, age 29, of Richmond, New Hampshire. Hilow distributed heroin for Gould to numerous individuals in and around Keene. On March 16, 2015, Gould was charged federally with possession with the intent to distribute heroin after search warrants executed at his Richmond, New Hampshire residence and another residence utilized by Gould to store narcotics on March 10, 2015 resulted in the seizure of over a kilogram of heroin, a large quantity of cocaine, prescription pills, currency, and 14 firearms.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the significant presence of heroin in New Hampshire by continuing to target drug trafficking organizations who are responsible for the importation of large quantities of heroin into New Hampshire from source cities such as Lawrence, Massachusetts.” stated United States Attorney Emily Gray Rice.
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). 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.
The investigation was conducted by the: (1) Immigration and Customs Enforcement, Homeland Security Investigations; (2) New Hampshire Attorney General’s Drug Task Force; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; (6) Richmond, New Hampshire Police Department; and (7) Salem, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis prosecuted the case.
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Williamsport Man Charged with Firearms and Drug OffensesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 25, 2016, a federal grand jury in Scranton charged Damontray Taylor, age, 30, a resident of Williamsport, Pennsylvania, with firearms and drug offenses.
According to United States Attorney Bruce D. Brandler, the indictment charges Taylor with possessing the controlled substances in February of 2016, with the intent to distribute the drugs in the Williamsport area. Taylor was also charged with possession of three firearms in furtherance of his drug activities, and a separate felony charge for possessing firearms as a convicted felon.
The investigation was conducted the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Lycoming County Narcotics Enforcement Unit. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
This case was also 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.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law include 20 years of imprisonment for possessing with intent to distribute cocaine, 10 years of imprisonment for felon in possession of a firearm, a five year mandatory term of imprisonment for possessing a firearm in furtherance of a drug crime, a term of supervised release following imprisonment, and a fine. If convicted of possessing a firearm 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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William Anthony Hoffa Sentenced to Serve 25 Years in Prison for Receiving, Distributing, and Possessing Child PornographyRead the Press Release
GREENEVILLE, Tenn. – William Anthony Hoffa, 29, of Newport and Morristown, Tenn., was sentenced on Oct. 24, 2016, by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 300 months in federal prison. Hoffa was also ordered to remain under supervised release by the U.S. Probation Office for the remainder of his life, comply with special sex offender conditions of supervised release, register with state sex offender registries, and pay $100 special assessment.
Hoffa pleaded guilty in July 2016 to receiving, distributing, and possessing child pornography while he resided at different locations in Morristown, Tenn. According to the plea agreement on file with U.S. District Court, he committed these offenses by electronic mail on different dates in 2014 from both an apartment in Morristown and a rented home. When he was arrested in June 2014, Hoffa possessed additional child pornography stored on his mobile telephone, including 312 still images and four videos of child pornography.
The charges against Hoffa were the result of an investigation by the Morristown Police Department. Assistant U.S. Attorney Helen Smith, represented the United States.
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 U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, 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.
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