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25 August 2016
Belvidere Man Found Guilty of Firearm ChargesRead the Press Release
ROCKFORD — A Belvidere man was found guilty today of firearm charges following a four-day jury trial in federal court in Rockford.
MICHAEL TAPIA, 25, of Belvidere, Ill., was found guilty of one count of conspiring to receive, possess, conceal, store, sell, and dispose of stolen firearms or ammunition; one count of receiving, possessing, concealing, and storing stolen firearms and ammunition; and one count of illegally possessing firearms and ammunition as a convicted felon. Three other area men who were also charged in the case previously pleaded guilty to firearm charges: TIOVANNI CUNNINGHAM, 31, of Rockford, Ill., MICHAEL SCHAFFER, 33, and DARRELL REED, 28, of Byron, Ill.
According to the indictment and evidence at trial, on Dec. 31, 2012, Tapia and Cunningham broke into a residence in northern Illinois and stole over 21 firearms and ammunition from the residence. Tapia and Cunningham later transferred some of the concealed stolen firearms to their co-defendants and stored some of the firearms at other locations.
Cunningham pleaded guilty on May 31, 2016, to conspiring to receive, possess, conceal, store, sell, and dispose of stolen firearms and ammunition; receiving, possessing, concealing, and storing stolen firearms and ammunition; and illegally possessing firearms and ammunition as a felon. Schaffer pleaded guilty on June 3, 2016, to conspiring to receive, possess, conceal, store, sell, and dispose of stolen firearms and ammunition. Reed pleaded guilty on June 15, 2016, to receiving, possessing, concealing, storing, selling, and disposing of stolen firearms.
Conspiracy carries a maximum sentence of 5 years’ imprisonment; receiving stolen firearms and ammunition carries a maximum sentence of 10 years imprisonment; and illegally possessing firearms and ammunition as a convicted felon carries a maximum sentence of 10 years’ imprisonment. Each charge also carries up to 3 years of supervised release following imprisonment, a fine of up to $250,000 and restitution. The court must impose a reasonable sentence guided by the advisory United States Sentencing Guidelines.
Sentencing is scheduled for Tapia on Dec. 14, 2016, at 9:00 a.m.; for Cunningham on Sept. 20, 2016, at 10:00 a.m.; for Schaffer on Oct. 11, 2016, at 9:00 a.m.; and for Reed on Oct. 14, 2016, at 9:30 a.m.
The conviction was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Jeffery A. Magee, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives. The Federal Bureau of Investigation, Winnebago County Sheriff’s Department, Rockton Police Department and Rockford Police Department assisted in the investigation.
The government was represented by Assistant U.S. Attorneys Talia Bucci and Michael D. Love.
Barberton man accused of failing to disclose involvement in war crimes, including Srebenica massacreRead the Press Release
A Barberton man was indicted for immigration fraud for failing to disclose his participation in the Srebenica massacre, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio and Marlon Miller, Special Agent in Charge of HSI’s Detroit office.
Oliver Dragic, 41, was named in the three-count indictment, charged with one count of possession of a fraudulently obtained green card, attempt to procure naturalization contrary to law and attempt to procure naturalization to which he was not entitled.
The indictment alleges Dragic failed to disclose his paramilitary police service for the Republika Srpska, a rogue state unrecognized by the international community that attempted to create an ethnically pure Serbian nation within the ethnically-mixed territory of the Yugoslav Republic of Bosnia-Herzegovina. Dragic completed police training in Serbia in 1994 and returned to Bosnia, where he voluntarily joined a special police unit that joined in Republika Srpska’s army during military operations, according to the indictment.
Dragic failed to disclose his participation in the Srebrenica genocide, where he and his paramilitary police unit performed actions in the surrounding wilderness to prevent victims from escaping the massacre in July 1995, according to the indictment.
Dragic applied for refugee status in the U.S. in May 1998, claiming he was a victim of the Bosnian war. He continued serving with the Republika Srpska police until November 1998. He made numerous false statements on his refugee application, according to the indictment.
“The United States stands as a beacon for those fleeing oppression and atrocities, not those who committed them,” Rendon said. “This defendant lied about his involvement in a horrific war crime and will be held accountable for those lies.”
“The investigation, prosecution, and ultimate removal of individuals like Dragic are paramount to the mission of Homeland Security Investigations and to the safety our communities,” Miller said. “The United States is not a safe haven for war criminals.”
Assistant U.S. Attorney Matt Cronin is prosecuting the case following an investigation by HSI Special Agent Brett Bangas and Historian Michael MacQueen.
Members of the public who have information about foreign nationals suspected of engaging in human rights abuses or war crimes are urged to contact HSI by calling the toll-free tip line at 1-866-347-2423 or internationally at 001-1802-872-6199. They can also email [email protected].
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Albuquerque Felon Pleads Guilty to Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steven M. Montoya, 28, of Albuquerque, N.M., pled guilty today in federal court to violating the federal firearms laws. Under the terms of his plea agreement, Montoya will be sentenced to 52 months in prison followed by a term of supervised release to be determined by the court.
Montoya was arrested on March 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on March 3, 2016, in Bernalillo County, N.M. According to the complaint, on March 3, 2016, U.S. Probation (USPO) officers and FBI agents searched Montoya’s residence pursuant to the terms of his supervised release for his 2010 conviction on a cocaine trafficking charge. During the search, officers found a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones containing messages requesting controlled substances from Montoya.
Montoya was indicted on the same charge on March 23, 2016. According to the indictment, Montoya was prohibited from possessing firearms or ammunition because he previously had been convicted on involuntary manslaughter and possession of cocaine base with intent to distribute.
During today’s proceedings, Montoya pled guilty to the indictment and admitted that on March 3, 2016, USPO officers located and seized a pistol, ammunition, a digital scale, $17,888 in cash, and four cellular phones while executing a search of his residence. Montoya further admitted that he was prohibited from possessing firearms or ammunition because of his prior felony convictions. Montoya remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the USPO. Assistant U.S. Attorney Eva Fontanez is prosecuting the case.
ATF Recognizes AUSA Forde Fairchild for ExcellenceRead the Press Release
CEDAR RAPIDS, IOWA –United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Deputy Director Thomas E. Brandon presented the Honor Award to Assistant United States Attorney Forde Fairchild for his investigation and successful prosecution of an individual who waged a campaign of violence in the greater Sioux City, Iowa community. He received this award today at the 20th Annual ATF Awards Ceremony held at the agency’s National Headquarters in Washington D.C. Presenting the award was NBC News Justice Department Correspondent Louis Alan “Pete” Williams.
The Honor Award given to a select few non-ATF government officials or individuals from the private sector who have significantly contributed to ATF’s overall mission through long-standing support, cooperation, and/or an allocation of human or materiel resources.
Fairchild was involved in an investigation and prosecution that spanned more than three states and an Indian Reservation, and lasted almost three years. Multiple federal, state and local law enforcement agencies were involved in the investigation and supported the ultimate successful prosecution of 13 individuals.
United States Attorney for the Northern District of Iowa, Kevin W. Techau, stated “We are profoundly proud of Assistant United States Attorney Forde Fairchild for his tireless managing of the legal aspects of his complex investigations and prosecutions. The ATF Honor Award could not have been given to a more deserving prosecutor. He made Sioux City a safer place to live after putting a career criminal away for life.”
Summary of Facts
In March 2012, gang member Jamal Dean shot two individuals—one in Sioux City, Iowa and the other in South Sioux City, Nebraska. While these offenses were being investigated, he was sent to state prison for an unrelated drug-distribution offense. Dean was released from prison in December of that year.
On April 2013, Dean, his brother (also a fellow gang member) and another individual traveled from South Sioux City, Nebraska, to Sioux City, Iowa where they beat and robbed at gun point a small time drug-dealer. The threesome retreated to Nebraska after the attack. Again in April, Dean and his brother traveled from Nebraska to Iowa and back after beating and robbing at gun point a larger drug dealer.
On April 29, 2013, Dean, in an attempt to escape being arrested for these crimes, fired eight rounds at Sioux City, Iowa, Police Officer Kevin McCormick, striking him once in the head with a bullet. Officer McCormick survived the attack.
Dean, with the help of a getaway team (made up of his friends, family, and fellow gangsters), avoided arrest until early May 2013, when he was arrested by officers of the Texas Department of Public Safety just 70 miles from Mexico in a car heading south. The obstructive conduct continued even after Dean’s capture. Confederates made material false statements to federal authorities and deleted the contents of their mobile phones and an iPad.
Challenges
The case was a difficult and lengthy investigation, produced thousands of items of discovery, multiple detention hearings, multiple motions to dismiss, motions to sever counts and defendants, a contested motion and hearing regarding the United States’ request for heightened security procedures at trial, a week-long multi- defendant trial, a second multi-defendant trial that plead out shortly before trial, 12 vigorously contested sentencing hearings, and a consolidated appeal to the United States Court of Appeals.
The Outcomes
The combined cases resulted in 13 convictions including a life sentence for Jamal Dean.
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24 August 2016
Wyoming County Man Sentenced on Gun ChargeRead 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 Scott A. Wilcox, 46, of Pike, NY, who was convicted of being a felon in possession of a firearm, was sentenced to 21 months in prison by U.S. District Elizabeth A. Wolford.
Assistant U.S. Attorney Frank T. Pimentel, who handled the case, stated that on January 25, 2015, Wyoming County Sheriff’s deputies searched the defendant’s residence at 7998 Wiscoy Road in Pike and found a Marlin .44 magnum caliber rifle, which belonged to Wilcox. Deputies also found 76 rounds of .44 caliber ammunition in an access panel in a bathroom. The defendant is a three-time convicted felon and is prohibited from legally possession firearms.
The sentencing is the result of an investigation on the part of the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory J. Rudolph, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Delano A. Reid.Waterbury Men Charged with Heroin Distribution OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a grand jury in New Haven returned an indictment yesterday charging JAMAR JONES, also known as “Mitch,” 35, and ALVIN LOPES, 40, both of Waterbury, with heroin distribution offenses.
The eight-count indictment alleges that between March 2016 and August 2016, JONES and LOPES conspired to distribute and distributed various quantities of heroin. The indictment also charges JONES with one count of possession with intent to distribute, and distribution of, cocaine base (“crack”).
If convicted of the charges contained in the indictment, JONES and LOPES face a maximum term of imprisonment of 20 years on each count.
JONES and LOPES were arrested on federal criminal complaints on August 11 and August 10, respectively, and are detained.
The case is assigned to U.S. District Judge Michael P. Shea in Hartford.
This matter is being investigated by the DEA New Haven Task Force and the Ansonia Police Department. The DEA 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. The case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
United States Dismissed from Federal Tort Claims Act LawsuitRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that, United States District Judge Salvador Mendoza, Jr. dismissed all claims against the United States related to an injury of a snowboarder at 49 Degrees North ski area. The Court issued a principled and well-reasoned written Order supporting the dismissal.
According to information disclosed during the court proceedings, James O’Neel was snowboarding at 49 Degrees North in January of 2013 when he sustained a severe spinal injury jumping off a ski jump in the ski area’s terrain park, resulting in quadriplegia. He subsequently sued both 49 Degrees North and the United States, because the U.S. Forest Service manages the land on which the ski area operates and it had issued a special use permit allowing 49 Degrees North to operate the ski area on the Colville National Forest. Mr. O’Neel sought damages in excess of $30 million.
Records produced during the proceedings showed that the Forest Service’s role was limited to issuing a special use permit and in doing so, had placed almost all responsibility for safety of the public on 49 Degrees North, which was responsible for the day-to-day operation of the ski area. Judge Mendoza also found that dismissal of the United States was appropriate because it was the ski area, not employees of the Forest Service, that was responsible for construction and maintenance of the ski jumps. While the United States has been dismissed from the lawsuit, 49 Degrees North remains in the lawsuit. Judge Mendoza made no ruling with regard to liability on the part of the ski area.
This case was handled by Timothy M. Durkin and Rudy J. Verschoor, Assistant United States Attorneys for the Eastern District of Washington on behalf of the United States.
U.S. Department of Justice Moderates Forum to Discuss Hate CrimesRead the Press Release
CEDAR RAPIDS, IA – The United States Attorney’s Office for the Northern District of Iowa invited the citizens of Black Hawk County to participate last night in a forum to discuss hate crimes and bias incidents. A representative from the Department of Justice’s Community Relations Service (CRS) served as the moderator.
Pursuant to the Hate Crimes Protection Act, CRS is authorized to work with communities to help them develop the capacity to prevent and respond more effectively to violent hate crimes allegedly committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. CRS is a remarkably unique federal component dedicated to assisting state and local units of government, private and public organizations, and community groups develop local capacity to prevent racial and ethnic tensions.
Joining in the forum were representatives from the Federal Bureau of Investigation, Black Hawk County Attorney and Sheriff’s Offices, Waterloo Police Department, Waterloo’s Human Rights Commission, and the Cedar Falls Police Department. The forum was sponsored by University of Northern Iowa – UniCue, One Iowa, Alpha Phi Alpha Fraternity, Inc., and the Waterloo Commission on Human Rights.
United States Attorney Kevin W. Techau expressed appreciation to the agencies involved and the community members attending for their willingness to discuss in a positive way an issue communities across the country sometimes encounter. Techau stated, “The Department of Justice is committed to protecting the rights and freedoms of all people. Last night’s meeting was an opportunity to discuss the topic of hate crimes in a safe environment. Hate crimes represent an attack not just on the individual victim but also on the victim's community. The impact is broader because they send a message of hate. They are intended to create fear. Hate crimes diminish us all. We are committed to working with all communities to address the issue by working to prevent hate crimes as well as investigate and prosecute hate crimes whenever and wherever necessary.”
Assistant U.S. Attorney Tony Morfitt provided information on the federal statutes that criminalize various types of hate crimes. He covered the evolution of federal hate crime law and the recent expansion of the groups protected by federal hate crime laws.
Morfitt emphasized that the defining characteristic of a federal hate crime is that the actions must have been motivated by hate and that an individual cannot be found guilty federally unless the government proves the person acted “because of” the victim’s status as a member of a protected group. As an example, Morfitt pointed to the case of United States of America v. Randy Metcalf, where the government recently proved at trial that a Dubuque resident had assaulted an African American man in a local bar because of his race.
Presentations were made by the Black Hawk County Attorney and Sheriff, Waterloo Chief of Police, Cedar Falls Police Department, FBI Resident Agent in Charge for Iowa-Nebraska, and the Waterloo Human Rights Commission. A conciliation specialist with DOJ’s Community Relations Service served as the moderator and engaged the presenters and those attending with fact-building hypotheticals designed to challenge the meaning of hate crimes and bias incidents. Those attending actively engaged the panel in a Q&A session.
To learn more about the Department of Justice’s Community Relations Service, visit: https://www.justice.gov/crs.
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U. S. Citizen Sentenced to Ten Years’ Imprisonment for Traveling to Foreign Country to Have Sex with A MinorRead the Press Release
SAN FRANCISCO – Shaun Vincent Kelley was sentenced to ten years in prison today for engaging in illicit sexual conduct in foreign places, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence follows a guilty plea entered May 13, 2016.
Pursuant to his guilty plea, Kelley, 57, who has resided in several states, admitted that on September 1, 2013, he traveled from the United States to Thailand, where he stayed until April 2016. Kelly further admitted that while in Thailand on June 10, 2015, he paid a 14-year-old boy, who he knew to be under 18 years of age, to engage in sexual conduct with him. Kelley also acknowledged he took a video of this encounter that depicts the sexual conduct.
On February 2, 2016, a grand jury indicted Kelley with a single count of engaging in illicit sexual conduct in foreign places, in violation of 18 U.S.C. § 2423(c).
The sentence was handed down by the Honorable Susan Illston, United States District Judge. In addition to the prison term, Judge Illston sentenced Kelley to serve five years of supervised release.
The case is being prosecuted by Special Assistant U.S. Attorney Philip Kopczynski with the assistance of Marina Ponomarchuk. The case was investigated by the FBI.
Two Milwaukee Residents Indicted in Federal Court with Armed Robbery of Wauwatosa PharmacyRead the Press Release
United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin announced that two people were indicted for the armed robbery of the Swan Serv-U Pharmacy in Wauwatosa, Wisconsin. Tytianna Jackson (age: 19), and Marquise Jones (age: 26), both of Milwaukee were charged with one count of interference with commerce by robbery pursuant to the Hobbs Act, and one count of brandishing a firearm in furtherance of a crime of violence.
The indictment alleges that on August 1, 2016, the defendants, armed with a firearm, robbed the Swan Serv-U Pharmacy, 9130 W. North Avenue, Wauwatosa, Wisconsin. If convicted, each defendant faces up to 20 years in prison on the armed robbery count and a minimum mandatory sentence of 7 years and up to life in prison on the charge of use of a firearm during a robbery.
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent criminals who commit armed robbery of businesses involved in interstate commerce. The U.S. Attorney’s Office and the District Attorney’s Office collaborate together to ensure that violent offenders are effectively prosecuted, making our communities safer for all.
This matter is being investigated by the Federal Bureau of Investigation and the Wauwatosa Police Department. The case is being prosecuted by Assistant United States Attorney Benjamin W. Proctor.
The public is cautioned that an indictment is merely a charge and the defendant is presumed innocent until and unless proven guilty.
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Two Men Federally Indicted for Armed Robbery of Milwaukee Walgreen's StoreRead the Press Release
United States Attorney Gregory J. Haanstad announced today that two Milwaukee men were indicted for the August 14, 2016 armed robbery of a Walgreen’s store located in Milwaukee. Anthony J. Chappell (age: 25) and Christopher E. Morgan (age: 28) were charged with one count of interference with commerce by robbery pursuant to the Hobbs Act and one count of brandishing a firearm in furtherance of a crime of violence. Chappell was also charged with felon in possession of a firearm and Morgan was charged with transferring a firearm to a prohibited person.
The indictment alleges that on August 14, 2016, defendants Chappell and Morgan robbed the Walgreens store located at 2222 West Capitol Drive in Milwaukee, Wisconsin. Defendant Morgan provided Chappell with a firearm. At the time of the offense, Chappell was a convicted felon and prohibited from possessing a firearm. If convicted, each man faces up to 20 years in prison on the armed robbery count and a minimum mandatory sentence of 7 years and up to life in prison on the charge of use of a firearm during a robbery.
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent, habitual criminals who commit armed robbery of businesses involved in interstate commerce. The U.S. Attorney’s Office and the District Attorney’s Office collaborate together to ensure that violent offenders are effectively prosecuted, making our communities safer for all.
This matter is being investigated by the FBI’s Milwaukee Area Violent Crimes Task Force, the Milwaukee Police Department, and the Milwaukee District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Margaret B. Honrath.
The public is cautioned that an indictment is merely a charge and the defendants are presumed innocent until and unless proven guilty.
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Two Colombian Nationals Sentenced for Making False Statements on Visa ApplicationRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALMA DE JESUS MOJICA HERRERA, age 52, and LEONARDO SERRATO POLANIA, age 42, both residents of Bogota, Colombia, were sentenced today for making false statements on their U.S. Nonimmigrant Online Visa applications.
U.S. District Judge Sarah S. Vance sentenced both MOJICA HERRERA and SERRATO POLANIA to eleven months incarceration. Following completion of their sentences, MOJICA HERRERA and SERRATO POLANIA will be surrendered to the custody of U.S. Immigration and customs Enforcement for removal proceedings
According to court records, while in Colombia, MOJICA HERRERA and SERRATO POLANIA each completed a U.S. Nonimmigrant Online Visa Application (“Visa Application”) with the U.S. Department of State (“State Department”) and did not answer truthfully questions concerning their travel companions, the persons paying for their trip, and the location of their stay. These Visa Applications were relied upon by federal agencies of the Executive Branch including by the U.S. Customs and Border Protection in New Orleans and the U.S. State Department. On September 28, 2015, MOJICA HERRERA and SERRATO POLANIA travelled from Bogota, Columbia and arrived in the United States at the New Orleans International Airport using the VISAs containing materially false statements. On September 29, 2015, MOJICA HERRERA and SERRATO POLANIA were taken into custody by special agents with the U.S. Department of Homeland Security-Homeland Security Investigations (“HSI”).
U.S. Attorney Polite praised the work of the U.S. Department of Homeland Security-HSI, U.S. Customs and Border Protection, and the U.S. Department of State in investigating this matter. Fraud Unit Chief, Assistant U.S. Attorney Brian M. Klebba was in charge of the prosecution.
Ten Individuals Sentenced in Methamphetamine ConspiracyRead the Press Release
Six men and four women responsible for distributing hundreds of pounds of methamphetamine were sentenced earlier this week to various federal prison terms.
Mario Murillo-Mora, 41, from Michoacán, Mexico, received a 262-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Jeff Richardson, 50, from Cambridge, Iowa, received a 262-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Austin Bertch, 31, from Waterloo, Iowa, received a 176-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Gustavo Gonzalez-Torres, 26, from Marshalltown, Iowa, received a 168-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Rafael Avalos-Castellanos, 41, from Michoacán, Mexico, received a 147-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering.
Jason Gauthier, 41, from Marshalltown, Iowa, received a 113-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Rachel Berrones, 26, from Marshalltown, Iowa, received a 105-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Vania Guadarrama, 30, from Chicago, Illinois, received a 78-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Jessica Ceniceros, 26, from Marshalltown, Iowa, received a 71-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Ragan Victor, 34, from Marshalltown, Iowa, received a 43-month term of imprisonment after pleading guilty to conspiracy to distribute methamphetamine.
Evidence at the guilty pleas and other court proceedings showed that in the Spring of 2013, Mario Murillo Mora began building a drug trafficking organization responsible for distributing multiple pounds of ice methamphetamine, a highly pure, crystalized form of methamphetamine, throughout Northern Iowa. At least 250 pounds of ice methamphetamine was distributed by various members of the organization during the course of the conspiracy. Murillo Mora recruited various individuals to assist with transporting, storing, and distributing ice methamphetamine, as well as collecting money and wiring drug proceeds back to sources of supply. Other individuals obtained ice methamphetamine from Murillo Mora in pound to multiple pound quantities for redistribution to a network of retail level customers. Methamphetamine arrived in Marshalltown from Mexico and California concealed in vehicles. Once transported to Marshalltown, the methamphetamine was broken down and repackaged for further distribution.
All defendants were sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade. A special assessment of $100 to $200 was imposed on all defendants and they must also each serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement; the Mid-Iowa Task Force, comprised of the Marshalltown Police Department, Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Grundy County Sheriff’s Office, Hardin County Sheriff’s Office, Iowa Falls Police Department, Eldora Police Department and the Dysart Police Department; and the Tri-County Drug Task Force, comprised of the Waterloo Police Department, Black Hawk County Sheriff’s Office, Cedar Falls Police Department, LaPorte City Police Department, Hudson Police Department, Evansdale Police Department, University of Northern Iowa Police Department, Waverly Police Department and the Bremer County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 15-cr-2015.
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Tampa Attorney Pleads Guilty to StructuringRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Joe Manuel Gonzalez (66, Tampa) today pleaded guilty to structuring financial transactions to avoid currency reporting requirements. He faces a maximum penalty of five years in federal prison and a fine of up to $250,000.
According to the plea agreement, Gonzalez, an attorney with his own law practice in Tampa specializing in financial and tax matters, established a fictitious trust and bank account for a confidential source (CS) and undercover agent with the Drug Enforcement Administration. The CS and the undercover agent posed as brothers seeking to launder drug proceeds from their marijuana grow house operations. The “brothers” told Gonzalez that they made approximately $30,000-$50,000 per month from their marijuana operation and needed somewhere safe to put their money. Gonzalez advised the “brothers” how to set up and make deposits into bank accounts to avoid detection by law enforcement. Gonzalez established a bank account for the “brothers” in the name of a fictitious trust and made the initial deposits into the bank account with what Gonzalez understood to be proceeds from the marijuana business. On two occasions, Gonzalez structured the cash provided to him by the undercover agent, breaking up the bank deposit into separate transactions under $10,000 to avoid the currency reporting requirements and to avoid detection by law enforcement.
This case was investigated by the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorney Josephine W. Thomas.
Tahlequah Man Sentenced to 30 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that, MARK ALAN FRENCH, age 48, of Tahlequah, Oklahoma, was sentenced to 30 months incarceration and 3 years of supervised release for being a PROHIBITED PERSON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(9) and 924(a)(2).
The Indictment alleged that from on or about January 2, 2016, in the Eastern District of Oklahoma, the defendant, having been convicted of a misdemeanor crime of domestic violence, did knowingly possess in and affecting commerce, firearms which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Stilwell Police Department, the Adair County Sheriff’s Department and the Bureau of Alcohol, Tobacco and Firearms.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshal Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Chris Wilson represented the United States.
Stark County man charged with selling false identification documentsRead the Press Release
A Stark County man was indicted on charges that he knowingly transferred false identification documents, such as counterfeit Social Security cards and counterfeit state identification cards, knowing that said items were produced without lawful authority, said Carole S. Rendon, U.S. Attorney for the Northern District of Ohio.
Domingo Ralios, 33, of Stark County, Ohio, was charged in a one-count indictment with knowingly transferring false identification documents, U.S. Attorney Carole S. Rendon said.
Ralios sold counterfeit Social Security cards and state identification cards to a confidential source for several hundred dollars each on at least two occassions this year. The counterfeit documents contained stolen names and Social Security account numbers, according to the indctment.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the United States Department of Homeland Security, Immigration and Customs Enforcement. The case is being prosecuted by Assistant United States Attorneys Karrie Howard and Robert Kern.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Salem Man Pleads Guilty to Theft of Funds from Shoshone-Bannock TribesRead the Press Release
POCATELLO – Cody Ray Blackman, 33, of Salem, Oregon, pleaded guilty today in United States District Court to the theft of money from the Shoshone-Bannock Tribes, U.S. Attorney Wendy J. Olson announced. Blackman was indicted by the federal grand jury in Pocatello on September 22, 2015.
Blackman was previously employed by the Shoshone-Bannock Tribes as the manager of the Shoshone-Bannock Hotel Events Center. He was terminated from that position on November 20, 2014. On January 10, 2015, at a bank branch in Lakewood, Washington, Blackman withdrew $2500.00 from an account belonging to the Hotel Events Center. He made the withdrawal without authorization, kept the proceeds and spent the money on personal items. Blackman recently repaid the money to the Shoshone-Bannock Tribes.
The charge of theft from a tribal organization is punishable by up to five years in prison, up to three years of supervised release, and a fine of up to $250,000.
Blackman is scheduled to be sentenced on November 8, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).
Republic Man, Ava Woman Indicted for Stolen Checks SchemeRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Republic, Mo., man and an Ava, Mo., woman were indicted by a federal grand jury today for their roles in a conspiracy to cash checks that were stolen from mailboxes.
D.J. Gideon, 25, of Republic, and Katelyn Elizabeth Emrick, 21, of Ava, were charged in a 47-count indictment returned by a federal grand jury in Springfield, Mo.
Today’s indictment alleges that Gideon and Emrick participated in a bank fraud conspiracy from June 18 to Nov. 6, 2015. According to the indictment, conspirators obtained (or attempted to obtain) approximately $40,535 from victims’ bank accounts by stealing checks from business and residential mailboxes and unlawfully using their victims’ personal identification information to cash or deposit the stolen checks, or use them to make purchases. Some of the stolen checks were blank checks that were mailed to bank account holders, the indictment says, and some of the checks were written to other individuals or organizations. Gideon and Emrick allegedly altered the payee and the amounts payable on the checks and forged the signatures of their victims.
According to the indictment, checks were stolen from the mailboxes of the Springfield Muscular Dystrophy Association, two businesses in Greene and Wright County, and a number of individuals.
In addition to the conspiracy, the indictment charges Gideon and Emrick together in seven counts of bank fraud. Gideon is charged in five additional counts of bank fraud and Emrick is charged in three additional counts of bank fraud.
Gideon and Emrick are also charged together in seven counts of mail theft. Gideon is also charged with four additional counts of mail theft and Emrick is also charged with three additional counts of mail theft.
Gideon and Emrick are also charged together in seven counts of making, possessing or cashing forged checks. Gideon is also charged with four additional counts of making, possessing or cashing forged checks and Emrick is also charged with three additional counts of making, possessing or cashing forged checks.
Gideon and Emrick are also charged together in one count of aggravated identity theft. Gideon and Emrick are each charged with an additional count of aggravated identity theft.
Dickinson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by the U.S. Postal Inspection Service; the Missouri State Highway Patrol; the police departments of Aurora, Marshfield, Seymour, Springfield and West Plains, Mo., Baxter Springs, Kan., and Quapaw,Okla.; and the sheriff’s departments of Christian, Greene, Howell and Stone County in Missouri, Cherokee County, Kan., and Ottawa County, Okla.
Prior Felon from Albuquerque Sentenced to Eight Years for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Trinidad Gallegos, 47, of Albuquerque, N.M., was sentenced today in federal court to eight years in federal prison followed by three years of supervised release for his conviction on federal firearms charges, announced U.S. Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI), Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Chief Gorden Eden, Jr., of the Albuquerque Police Department (APD), and Bernalillo County Sheriff Manuel Gonzales, III.
Gallegos was arrested in July 2015, on an indictment charging him with assaulting a federal law enforcement officer with a deadly weapon and being a felon in possession of a firearm and ammunition on Aug. 20, 2014, in Bernalillo County, N.M. On that day, Gallegos was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Court records reflect that Gallegos has been convicted of possession of a controlled substance, possession and uttering of counterfeit obligations and securities, making false statement, larceny, forgery, conspiracy to commit unlawful taking of a vehicle, possession of methamphetamine with intent to distribute, possession of a firearm or destructive device by a felon and felon in possession of a firearm and ammunition.
On Nov. 19, 2015, Gallegos pled guilty to being a felon in possession of firearms and ammunition. Gallegos admitted that on Aug. 20, 2014, he possessed a shotgun and ammunition in a tow truck. As he attempted to flee from law enforcement officers, Gallegos crashed the tow truck into a vehicle driven by a federal law enforcement officer. Gallegos admitted that after colliding with the officer, he backed the tow truck down the street and crashed into another vehicle. Gallegos then ran away and broke into homes as he attempted to evade arrest. Gallegos acknowledged that as a convicted felon, he was not allowed to possess firearms or ammunition.
This case was investigated by the Albuquerque offices of Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Albuquerque Police Department and the Bernalillo County Sheriff’s Office with assistance from the 2nd Judicial District Attorney’s Office.
Assistant U.S. Attorney Paul Mysliwiec prosecuted the case under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates, including Bernalillo County, N.M., under this initiative.
President of Two Nonprofits Sentenced to One Year in Prison for Stealing Nearly $500,000 from State of MinnesotaRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of ROBERTA BARNES, 59, to 12 months in prison. BARNES pleaded guilty in December 2014 to using two nonprofit entities to defraud the State of Minnesota for more than $480,000. BARNES was sentenced today before Chief U.S. District Judge John R. Tunheim in U.S. District Court in Minneapolis, Minn.
According to her guilty plea and documents filed in court, BARNES was the president of two St. Paul-based nonprofit organizations, Agape House for Mothers (“Agape”) and Sierra Young Family Institute (“Sierra”). Through Agape and Sierra, BARNES won approximately $1.7 million in grant funds from by the Minnesota Department of Health (“MDH”) and the Minnesota Housing Finance Agency (“MHFA”).
From 2002 until May 2012, BARNES applied for and received grant money from MDH and MHFA to combat teen pregnancy and provide housing assistance to needy families. Instead, BARNES spent more than $480,000 of the grant funds on personal expenses for herself and her family; she attempted to conceal her fraud scheme by creating fraudulent invoices that reflected false expenses incurred by Agape and Sierra.
This case is the result of an investigation conducted by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services.
Assistant U.S. Attorney Benjamin Langner prosecuted this case.
Defendant Information:ROBERTA BARNES, 59
St. Paul, Minn.Convicted: • Mail Fraud, 1 count
Sentenced: • 12 months + 1 day in prison
• 2 years supervised release
• Restitution to be determinedPhiladelphia Doctor Convicted in Scheme to Defraud Social SecurityRead the Press Release
Philadelphia - A jury yesterday convicted Dr. Frederick Douglas Burton, 68 of Conshohocken of two counts of mail fraud and attempted mail fraud for lying to help a friend apply for social security disability benefits.
In 2013, Dr. Burton signed two letters which falsely stated that his friend, another doctor named Dennis Erik Fluck Von Kiel, was suffering from post-traumatic stress disorder and could not work as a result. The letters falsely stated that Dr. Burton had been treating Dr. Von Kiel for PTSD for seven years, and that Dr. Von Kiel's condition had recently worsened to the point where he could no longer work and would not be able to work for at least the next twelve months. Dr. Burton was charged with mailing the letters to lawyers who specialized in bringing claims for social security disability benefits.
Dr. Von Kiel had previously pleaded guilty to 17 charges, including the same two mail fraud and attempted mail fraud charges for which the jury convicted Dr. Burton. Dr. Von Kiel is serving a 41-month sentence.
Sentencing of Dr. Burton is scheduled for December 5, 2016.
The case was investigated by IRS Criminal Investigations and the FBI. It is being prosecuted by Assistant United States Attorney Mark B. Dubnoff.
Pennsylvania man sentenced for oxycodone distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – William Montague, III, 25, of Darby, Pennsylvania was sentenced to 50 months in prison for oxycodone distribution, United States Attorney William J. Ihlenfeld, II, announced.
Montague admitted to distributing oxycodone in Monongalia County, WV. He pled guilty in March 2016 to one count of “Distribution of Oxycodone.”
Assistant United States Attorney Zelda E. 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.
Pennsylvania Man Sentenced on Federal Drug ChargeRead the Press Release
ROANOKE, VIRGINIA – A Pennsylvania man, who previously pled guilty to federal heroin charges, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, United States Attorney John P. Fishwick Jr. announced.
Orlando Sanchez, 30, of Reading, Pennsylvania, previously guilty today to one count of conspiracy to distribute 100 grams or more of heroin. Today in District Court, Sanchez was sentenced to 60 months in federal prison.
“Heroin addiction is increasing at alarming rates,” United States Attorney Fishwick said today. “We will continue to work to prosecute those who trafficking in this dangerous drug while also providing support for prevention and treatment programs for those addicted to this deadly substance.”
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Town of Vinton Police Department, the Roanoke City Police Department and the Roanoke County Police Department. Assistant United States Attorney Andrew Bassford prosecuted the case for the United States.
Overdose Investigation Leads to Heroin Distribution Charges Against Waterbury ManRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, today announced that JAMES HAYES, also known as “T.Y.,” 32, of Waterbury, was arrested on heroin distribution offenses earlier this week. The charges stem from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
HAYES is charged by criminal complaint with possession with intent to distribute, and distribution of, heroin, and conspiracy to distribute heroin. The charges carry a maximum term of imprisonment of 20 years on each count.
According the complaint, on June 16, 2016, Monroe Police and emergency medical personnel responded to a residence in Monroe on report of a possible heroin overdose and found an unresponsive 32-year-old female on the floor of her bedroom. The victim was pronounced deceased shortly thereafter. Investigators seized various items that were located in the bedroom, including several empty wax folds and one wax fold that contained suspected heroin. It is alleged that HAYES distributed heroin that was consumed by the victim shortly before her death.
HAYES was arrested on August 22, 2016. He appeared yesterday before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and was ordered detained.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad, Monroe Police Department and Waterbury Police Department. The Task Force includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe, Fairfield and Manchester Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Robert M. Spector.
Oregon man charged with cyberstalking, making interstate threatsRead the Press Release
An Oregon man was charged with cyberstalking and other offenses for making numerous threats to his former co-workers and law enforcement officials.
Michael A. Hagar, 46, was charged with one count of cyberstalking and two counts of interstate threatening communication.
Hagar was employed at a Goodyear store in Salem, Oregon, from 2011 through 2013. He was employed by Eaton in Portland, Oregon, from 2014 through 2015. He was involuntarily terminated from both positions, according to the indictment.
Hager sent numerous threatening e-mails to at least seven former co-workers at Eaton and Goodyear in 2015 and 2016, as well as threatening emails to law enforcement officials in Oregon. The e-mails he sent traveled through Eaton and Goodyear data centers in Northeast Ohio, according to the indictment.
In 2016, Hagar was personally served with a temporary stalking protective order ordering him to stop any contact with an Eaton employee identified as R.G. He was also arrested for trespassing on Goodyear property in Oregon, according to the indictment.
On May 30, 2016, he sent an email to R.G. and Oregon law enforcement officials with the subject line: “I AM GOING TO RUIN EVERYONE OF YOU(R) LIVES,” according to the indictment.
This case is being prosecuted by Assistant U.S. Attorneys Daniel J. Riedl and Om Kakani following an investigation by the FBI.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense, and the characteristics of the violation.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
New Haven Man Sentenced to 66 Months in Prison for Federal Assault and Narcotics OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that CHRISTOPHER GRAHAM, also known as “Ugg,” 29, of New Haven, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to 66 months of imprisonment, followed by five years of supervised release, for federal assault and narcotics offenses.
On September 30, 2015, a federal grand jury in New Haven returned a 34-count indictment against GRAHAM and five co-defendants charging various racketeering, violent crimes in aid of racketeering, firearms, money laundering and narcotics distribution offenses. The indictment described a criminal enterprise known as the Red Side Guerilla Brims (“RSGB”), a sect of the Bloods street gang that operated in New Haven from 2011 through 2015, which was engaged in narcotics trafficking and related acts of violence, including murder, attempted murder, assaults and armed robberies.
GRAHAM was a member of the RSGB in 2014. As part of his gang membership, on December 23, 2014, he committed a violent assault of an individual over a .40 caliber pistol that the victim allegedly stole from him. GRAHAM committed the assault along with another RSGB member whom he had called to the scene after realizing the victim had stolen the gun.
In addition, on multiple occasions between October 2014 and December 2014, GRAHAM either distributed or possessed with the intent to distribute crack cocaine.
GRAHAM has been detained since his arrest on October 6, 2015. On January 22, 2016, he pleaded guilty to one count of assault in aid of racketeering and one count of possession with the intent to distribute crack cocaine.
This investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the New Haven Police Department, the Connecticut Department of Correction, the Connecticut State Police, the U.S. Drug Enforcement Administration, the Maine Drug Enforcement Agency and the Hamden Police Department. The New Haven State’s Attorney’s Office also provided critical assistance in the investigation.
An instrumental component of the investigation has been the work of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
This matter is being prosecuted by Assistant U.S. Attorneys Robert M. Spector and Peter D. Markle. A related case in the District of Maine is being prosecuted by Assistant U.S. Attorney Joel Casey.
New Carrollton Man Sentenced to Three Years in Federal Prison for Stealing over $110,000 in Social Security BenefitsRead the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Calelah John Lattisaw, age 58, of New Carrollton, Maryland, today to three years in prison, followed by three years of supervised release, for wire fraud arising from a scheme to steal $110,107 in social security benefits. Judge Hollander ordered that Lattisaw be taken into custody immediately to begin serving his sentence.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration - Office of Inspector General, Philadelphia Field Division; and John L. Phillips, Assistant Inspector General for Investigations, U.S. Department of the Treasury - Office of Inspector General.
According to his guilty plea, in February 1993, Lattisaw began receiving Supplemental Security Income through the Social Security Administration (SSA) for a disability. In order to receive benefits, Lattisaw was required to report to SSA information regarding his income, resources and living arrangements. Lattisaw admitted that at the time of his application, he concealed from SSA that he was living with two other individuals, both of whom were also receiving SSA benefits.
In addition, Lattisaw took steps to hide additional income and assets from SSA. Specifically, in 1997, Lattisaw was living with his sister-in-law, S.L., who died on November 23, 1997. At the time of her death S.L. was receiving Social Security Survivor Benefits, as well as a D.C. pension, administered by the U.S. Treasury. Both benefits were paid by direct deposit to her bank account. Prior to her death, Lattisaw was added as a co-signor to S.L.’s bank account under the name John. H. Lattisaw, using the social security number of another individual, B.K. Neither SSA, nor the U.S. Treasury were advised of S.L’s death. Although Lattisaw knew that he had no legal entitlement to S.L.’s beneifts, he withdrew virtually all of the SSA and pension benefits from S.L.’s account via ATM withdrawals and debit purchases. Lattisaw did not advise SSA of this additional income, and because he had used an alias and the SSN of another person on the bank account, any check run by SSA to locate additional income would have been unsuccessful.
In 2003, while Lattisaw was receiving S.L.’s benefits and his own SSI benefits, Lattisaw married an elderly woman, M.B. Shortly after marrying M.B., Lattisaw attempted to sell her home, but her family blocked the sale and had the marriage annulled. In 2006, Lattisaw moved M.B. out of her nursing facility and into the home he shared with his girlfriend. Lattisaw remarried M.B. and became power of attorney over one of her bank accounts and the co-signor on another bank account, again using his alias, John H. Lattisaw, and B.K.’s SSN. M.B. died on June 11, 2006 at Lattisaw’s home. Five days later, Lattisaw liquidated a certificate of deposit at one of M.B’s accounts and withdrew $161,000. Lattisaw subsequently deposited those funds into a new account opened in the name of his alias, using B.K.’s SSN. Lattisaw did not report the change in his living conditions, nor this additional income to SSA.
Had SSA been aware of Lattisaw’s income, resources, or living arrangements, he would not have qualified for SSI benefits. Between 2000 and 2015, Lattisaw received $110,107 in SSI benefits to which he was not entitled.
United States Attorney Rod J. Rosenstein commended the Social Security Administration - Office of Inspector General and U.S. Department of the Treasury - Office of Inspector General for their work in the investigation and thanked Special Assistant U.S. Attorney Lauren E. Perry and Assistant U.S. Attorney Tamera L. Fine, who prosecuted the case.
Muskogee Man Sentenced to 60 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that DEAUNDRE DEANGELO CHATMAN, age 30, of Muskogee, Oklahoma, was sentenced to 60 months imprisonment, followed by 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The charge is a result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation Violent Crime Task Force. The defendant was indicted in February, 2016.
The Indictment alleged that on or about November 13, 2015, within the Eastern District of Oklahoma, the defendant having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition, which had been shipped and transported in interstate commerce.
The Honorable James H. Payne, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Edward Snow represented the United States.
Muldrow Man Sentenced to 106 Months for Charges Relating to Firearm Possession in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that EDWARD ROBERT SALDANA II, age 30, of Muldrow, Oklahoma, was sentenced to 46 months for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2) and POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE AND OXYCODONE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C).
SALDANA was sentenced to 60 months for POSSESSION OF FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A). The sentences were ordered to run consecutive for a total of 106 months in the custody of the Bureau of Prisons. The Court also imposed a term of 3 years of supervised release.
The charges arose from an investigation by the Sallisaw Police Department and the Drug Enforcement Administration. The defendant was indicted in February, 2016 and pled guilty in March, 2016.
The Indictment alleged that on or about December 10, 2015, within the Eastern District of Oklahoma, the defendant, knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine and a mixture or substance containing a detectable amount of oxycodone, Schedule II controlled substances.
It further alleged that on the same date, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and did so in furtherance of a drug trafficking crime.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in the custody of the United States Marshals Service pending transportation to the designated federal facility at which he will serve his nonparoleable sentence.
Assistant United States Attorney Chris Wilson represented the United States.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
WASHINGTON – Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Businessman Charged with Bribery of Former Corrections CommissionerRead the Press Release
Jackson, Miss – Guy E. "Butch" Evans, 61, of Jackson, has been charged with paying bribes and kickbacks to former Mississippi Department of Corrections Commissioner (MDOC) Christopher B. Epps in exchange for exclusive access to sell insurance products to MDOC employees, announced Acting U.S. Attorney Harold Brittain, and FBI Special Agent in Charge (SAC) Donald Alway.
Evans is charged in a two count indictment with conspiracy to commit honest services wire fraud and bribery. According to the indictment, beginning in 2012 and continuing until 2014, Evans gave Epps bribes and kickbacks in exchange for the exclusive access to sell insurance products to MDOC employees. The indictment alleges that, beginning in January 2013 and continuing through May 2014, Evans received approximately $4,300 per month from the products sold through his exclusive access and he made cash payments to Epps ranging from $1,400 to $1,700 per month.
Acting U.S. Attorney Harold Brittain stated: "Corrupt individuals who place the integrity of government at risk will be held accountable for their actions. The U.S. Attorney’s Office and our law enforcement partners remain unwavering in our commitment to root out public corruption at all levels and to restore the public trust."
FBI Special Agent in Charge Donald Alway applauded the investigators and prosecutors, whose hard work and determined efforts revealed these additional participants in this conspiracy of public corruption and led to the charges announced today. "Individuals and companies who do business with the government are held to a high standard of accountability," said Alway. "When these individuals decide to use the government to supplement themselves at the public’s expense, they can expect the FBI to come knocking to hold them accountable. The FBI in Mississippi will continue to work alongside our local, state and federal law enforcement partners to identify and investigate those that criminally exploit the government."
Evans made his initial appearance today before U.S. Magistrate Judge F. Keith Ball. The case has been set for trial on October 3, 2016 before U.S. District Judge Henry T. Wingate. The maximum penalty for the conspiracy count is 20 years in prison and a $250,000.00 fine. The maximum penalty for the bribery count is 10 years in prison and a $250,000.00 fine.
The case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Mary Helen Wall.
The public is reminded that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Mexican National Charged with Illegal Re-EntryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg charged a Mexican national, Heriberto Barrueta-Diaz, age 28, with illegal re-entry into the United States by a previously deported alien. He was previously convicted of illegal entry in Arizona and removed from the United States in 2010.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement. Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 2 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mexican National Charged with Illegal Re-EntryRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal Grand Jury in Harrisburg has charged Gerardo Medina with illegal re-entry into the United States by a previously deported felon. Medina, 28, is a native and citizen of Mexico. He was previously convicted of simple assault in Adams County and of illegal entry into the United States. He was previously removed from the United States in 2008 and 2011.
This matter was investigated by the Department of Homeland Security, Immigration and Customs Enforcement. Prosecution has been assigned to Assistant U.S. Attorney James T. Clancy.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Memphis Man Sentenced to Life for Sex Trafficking of MinorsRead the Press Release
U.S. Attorney Kenneth A. Polite announced TIMOTHY JONES a/k/a “Lucci,” “King Lucci,” “Lucci Loco,” age 26, was sentenced for his role in sex trafficking two minors into the New Orleans area for the purposes of those minors engaging in prostitution. In February 2016, JONES was convicted by a federal jury on all eight counts with which he was charged, including conspiracy to commit sex trafficking, sex trafficking two minor females through the use of force, fraud, and coercion, transporting a minor across state lines for the purpose of her engaging in prostitution.
U.S. District Judge Martin L.C. Feldman sentenced JONES to life imprisonment, restitution in the amount of $13,688.00 ($5,046 to minor victim 1 and $8,642.00 to minor victim 2), a special assessment of $800.00, and supervised release after the term of imprisonment.
According to evidence presented at trial, in early December 2013, JONES met and began recruiting Minor Victim 1, a 17-year-old female from Baton Rouge, to work for him in prostitution, performing numerous “dates” per day, based on quotas he set for her. JONES promised Victim 1 that she would enjoy a better life replete with travel, luxury, and safety by joining “Team Lucci,” JONES’s name for the “stable” of prostitutes he operated. For approximately three weeks, Minor Victim 1 worked for JONES, before escaping the New Orleans area. JONES “paid” Minor Victim 1 a total of $10 for her work. JONES beat Victim 1 for a variety of transgressions, including not being respectful, not earning enough money from prostitution, and trying to leave him. He also forced Minor Victim 1 to have sex with him as a way to ensure her submission and to “try out” the product he sold.
In early January 2014, JONES and a co-conspirator recruited Minor Victim 2, a sixteen-year-old female, in Memphis and coerced her to work for him in prostitution. JONES then took Minor Victim 2 to Louisville, Kentucky, to work in prostitution. Thereafter, JONES transported Minor Victim 2 to New Orleans to work for him in prostitution. Minor Victim 2 worked for JONES, under his direction and the supervision of his co-conspirator, until February 11, 2014, when a United States Marshals Task Force recovered her and arrested JONES at a hotel in downtown New Orleans.
JONES required Victim 1 and Victim 2 to give him all of the money they earned from engaging in prostitution. JONES advertised prostitution dates with Victim 1 and Victim 2 using an online classified website and also forced them to solicit prostitution dates on Bourbon Street and on Chef Menteur Highway. JONES instructed both victims on how much to charge for sex, how to solicit “dates,” and how to avoid detection by law enforcement. He also instructed them to steal credit cards, wallets, cash, and other valuables from customers. Other females testified at trial that JONES exploited them in a similar manner.
JONES used a variety of means to control his victims, whom he knew were minors. JONES beat Victim 1 and Victim 2 to punish them for disrespecting him or not earning enough money. He also slapped and punched them to keep them from leaving him. Once, after JONES located Minor Victim 2 when she tried to escape Jones’s control, Jones used a ruse to lure her to a hotel room, where he sadistically beat her. Further, while in front of Minor Victim 1 and Minor Victim 2, JONES brutally beat other females who worked for him as prostitutes as a means of threatening and intimidating his minor victims into complying with his demands. When Minor Victim 2 said that she could no longer handle the pressure of being alone in a strange city and felt ill, JONES told her that she had to earn him more money—“real” money—before he would let her have medicine or return home.
“Sex trafficking of minors is one of the most reprehensible criminal offenses imaginable,” said U.S. Attorney Polite. “A life sentence for this defendant sends the strongest message possible: our community will not tolerate this heinous conduct. Just as importantly, we are committed to helping the victims to recover from these crimes and move forward with productive lives.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation – New Orleans Division and the U.S. Immigration and Customs Enforcement – Homeland Security Investigations, with cooperation from the FBI’s Memphis Field Office in investigating this matter. Assistant United States Attorneys Jordan Ginsberg and Jonathan L. Shih were in charge of the prosecution.
Maryland Woman Sentenced to 12 Months in Prison for Conspiring to Taking Part in Scheme Involving Prescription and Health Care FraudRead the Press Release
WASHINGTON – Novella White, 53, of Accokeek, Md., was sentenced today to 12 months in prison on federal charges of conspiracy to obtain controlled substances by prescription fraud and participating in a health care fraud scheme, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
White pled guilty on April 14, 2016, in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Richard J. Leon. He also ordered her to pay $5,442 in restitution representing her share of illegal proceeds obtained from various health care plans. Following her prison term, she will be placed on three years of supervised release.
A co-defendant, Claire Elizabeth Rice, 69, of Silver Spring, Md., pled guilty on Feb. 25, 2016 to the same charges. Rice was sentenced on July 1, 2016, to a 10-month prison term. As part of the plea agreement, Rice agreed to pay $16,175, representing her share of illegal proceeds.
Both defendants were charged in a federal indictment returned in 2014. In her plea, White admitted to a statement of offense concerning her conduct. She admitted that, from 2008 to 2013, she passed 127 forged prescriptions for drugs, including oxycodone, a synthetic opiate, in the name of practicing cardiologist with offices in Northwest Washington. Ninety-one of the prescriptions were written in the name of Rice, her friend, who was never a patient of the doctor.
White, a former employee of the doctor, left her job as a receptionist in January 2010, but took a blank prescription pad from the office when she left. White was not a health care professional and did not have authority to write prescriptions for herself or for Rice.
Rice caused the forged prescriptions that she obtained to be billed to health care plans such as Express Scripts and Blue Cross and Blue Shield. The health plans were defrauded the costs of filling these various prescriptions. White presented forged prescriptions in her own name as well, and caused them to be billed to one of four different health insurance plans which she maintained: Safeway Informed RX, Blue Cross Blue Shield, United Health, and Medco Health, which were the victims of the health care fraud charges.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Special Agent in Charge DiGiulio commended the work of those who investigated the case from the FBI’s Washington Field Office and the HHS Office of the Inspector General. They also expressed appreciation for the work of Assistant U.S. Attorneys John P. Dominguez and Jennifer Kerkhoff, who prosecuted the case.
Manhattan U.S. Attorney Announces $2.95 Million Settlement with Hospital Group for Improperly Delaying Repayment of Medicaid FundsRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, Scott J. Lampert, Special Agent in Charge of the New York Field Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), Eric Schneiderman, New York State Attorney General, and Thomas P. DiNapoli, the New York State Comptroller, today announced a $2,950,000 settlement of a civil fraud lawsuit against Beth Israel Medical Center d/b/a Mount Sinai Beth Israel (“Beth Israel”), St. Luke’s-Roosevelt Hospital Center d/b/a Mount Sinai St. Luke’s and Mount Sinai Roosevelt (“St. Luke’s Roosevelt,” and together with Beth Israel, the “Hospitals”), and Continuum Health Partners, Inc. (“Continuum,” and together with the Hospitals, “Defendants”) for willfully delaying repayment of over $ 800,000 in Medicaid overpayments. The settlement resolves claims under the federal False Claims Act and the New York State False Claims Act.
Manhattan U.S. Attorney Preet Bharara said: “When Continuum learned that it had received over $800,000 in potential overpayments from Medicaid in 2011, it had an obligation under the law to return those funds within 60 days. Instead, Continuum delayed repayment for more than two years and only fully repaid the Medicaid program in 2013. With this settlement, Continuum has made admissions and is paying $2.95 million for its fraud on Medicaid.”
HHS-OIG Special Agent in Charge Scott J. Lampert said: “Any threat to the financial health of Medicaid is a threat to the vulnerable citizens who depend upon it for critical services. Today’s settlement should send a message to providers that this behavior will not be tolerated, and we will pursue justice in these cases.”
Attorney General Eric Schneiderman said: “Repaying Medicaid for false claims is not only vital to the integrity of the program, but it is also the law. We will not allow hospitals to drain important resources from the system, and will continue to ensure that the program is properly reimbursed for the funds that it is owed.”
New York State Comptroller Thomas P. DiNapoli said: “Our audits of the defendants revealed $700,000 in Medicaid overpayments. After we were contacted about this matter, we quickly partnered with law enforcement to recover taxpayer dollars, including further overpayments that came to light only afterwards. I thank U.S. Attorney Preet Bharara and his office for their perspicacity in seeing that justice was served. There have been too many cases of Medicaid waste, fraud and abuse, and we will continue to partner with law enforcement to combat Medicaid fraud statewide.”
The United States Complaint-In-Intervention (the “Complaint”) alleges that between 2009 and 2010, CONTINUUM erroneously submitted claims to Medicaid for payment due to a software error. In 2010, Continuum was alerted to the software error by the New York State Comptroller. In February 2011, an internal investigation by CONTINUUM identified approximately 900 claims totaling over $1 million that may have been wrongly submitted to and paid by Medicaid. This list, created by the whistleblower who filed this qui tam lawsuit, contained all of the claims that were affected by the software glitch. Rather than using the list to repay the claims, CONTINUUM terminated the whistleblower, failed to bring this list to the attention of the Government and took nearly two years to complete its repayments. Specifically, between 2009 and 2010, DEFENDANTS erroneously billed 444 claims to Medicaid. These claims were identified in the whistleblower’s list on February 4, 2011, yet DEFENDANTS did not fully repay these claims until March 2013, i.e., nearly two years later, in violation of a Federal law requiring recipients of Government funds to repay the Government within 60 days of discovering the overpayment.
DEFENDANTS moved to dismiss the Government’s Complaint and, in a first-of-its-kind decision, Judge Edgardo Ramos denied the motion in an opinion that was referred to in the New York Law Journal as “the most significant case interpretation” of the “reverse false claims provision” of the federal False Claims Act. Brian Feldman, Health Care Overpayments and Reverse False Claims, New York Law Journal, September 8, 2015.
Today, U.S. District Judge Edgardo Ramos approved a settlement to resolve the Government’s claims against DEFENDANTS. Under that settlement, DEFENDANTS agree to pay $2,950,000 to resolve the claims under the federal and New York false claims acts. In the settlement, DEFENDANTS admit, acknowledge and accept responsibility for the following conduct:
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During the relevant time period, the Hospitals had managed care agreements with Healthfirst, Inc. (“Healthfirst”), a managed-care organization (“MCO”), and rendered care to numerous patients who obtained their Medicaid managed-care plans through Healthfirst.Pursuant to their contracts with Healthfirst, the Hospitals obtained from Healthfirst contractually fixed managed-care payments for services rendered to the Healthfirst beneficiaries.
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Pursuant to Medicaid regulations, the Hospitals were entitled to receive as payment for services rendered to Medicaid managed-care patients only the amount paid by the MCO and were not permitted to seek additional payments from Medicaid or, with certain limited exceptions, the patients.
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Beginning in or around 2009, due to a software compatibility issue, the Healthfirst remittances contained coding that caused the Hospitals and Continuum to mistakenly submit claims on behalf of the Hospitals to the Medicaid program, as a secondary payor, for additional payment for services rendered to enrollees of Healthfirst, above and beyond what they had received from Healthfirst for these services, and Medicaid paid Beth Israel and St. Luke’s Roosevelt for such claims.
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In September 2010, the New York Office of the State Comptroller (the “Comptroller”) brought to Continuum’s attention a small number of claims submitted by Continuum on behalf of the Hospitals that had been wrongly billed to Medicaid as a secondary payor.
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In late 2010 and January 2011, Relator and other Continuum staff members gathered and analyzed Continuum’s billing data in order to discover possibly affected claims.
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On February 4, 2011, Relator sent an email to certain members of Continuum’s management, attaching a spreadsheet (“Relator’s Spreadsheet”) containing 890 claims of which 444 had been erroneously billed to Medicaid.
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Continuum terminated Relator on February 8, 2011.Continuum reimbursed Medicaid in February 2011, for only five of the improperly submitted claims.
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In March 2011, and continuing through February 2012, the Comptroller brought additional affected claims to Continuum’s attention, at which time Continuum would return the overpayments.
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Continuum never brought Relator’s analysis to the attention of the Comptroller.
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Continuum did not fully reimburse Medicaid for claims erroneously billed to Medicaid for over two years and did so in more than thirty tranches after February 2011, beginning in April 2011 and concluding in March 2013.
The Complaint in this case was filed under the federal False Claims Act, which punishes violators who submit false claims to the Government or knowingly attempt to avoid an obligation to repay federal funds. The allegations of fraud stated in the Complaint were first brought to the attention of the Government by a whistleblower, who filed a lawsuit under the qui tam provisions of the False Claims Act. Those provisions allow private parties who have knowledge of fraud committed against the Government to file suit on behalf of the Government and share in any recovery. The United States may then intervene and file a complaint, as it did here.
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Mr. Bharara praised the investigative work of the Office of the State Comptroller. He also thanked the U.S. Department of Health and Human Services, Office of Inspector General, and the Office of the New York Attorney General for their assistance in this case.
The case is being handled by the Office’s Civil Frauds Unit. Civil Frauds Co-Chief Rebecca C. Martin and Assistant U.S. Attorneys Jean-David Barnea and Jacob Bergman are in charge of this matter.
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Man Sentenced to Almost Six Years in Federal Prison for Arson During 2015 Baltimore RiotsRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Trevon Green, age 23, of Baltimore, today to 70 months in federal prison, followed by three years of supervised release, for the arson of a Baltimore food market in connection with the April 27, 2015, riots in Baltimore. Green also admitted that he participated in the looting of a liquor store and assaulted the store’s owner.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Maryland State Fire Marshal Brian Geraci; Commissioner Kevin Davis of the Baltimore Police Department; and Baltimore City State’s Attorney Marilyn J. Mosby.
“Trevon Green was not a protester, he was a criminal who enjoyed committing gratuitous violence,” said U.S. Attorney Rod J. Rosenstein. “He looted a liquor store and kicked the defenseless store owner in the head, then he set fire to a food market. We caught him because police and prosecutors spent time reviewing recordings from cameras throughout the city.”
On April 27, 2015, riots and widespread looting erupted in Baltimore following the funeral of Freddie Gray. According to his plea agreement, Green participated in the rioting. In the later afternoon of April 27, 2015, Green engaged in the looting at a liquor store located in the 2200 block of W. North Avenue. Green is captured on video leaving the store with a box of merchandise from the store. Green stopped briefly to have a conversation with a woman outside the liquor store. One of the owners of the store, who had previously been punched in the face, was crouching near his vehicle, just behind where Green was standing, watching the looting of his store. After Green was done speaking with the woman, he turned, and without provocation or speaking a word, Green kicked the store owner in the face. As a result, the owner crumpled to the street, suffering an injury to his face.
Just prior to 8:25 p.m., Green proceeded to the market located in the 1500 block of North Monroe Street in Baltimore. Green was recorded on cell phone video with two other men near the broken front window of the market. Green is recorded telling the other men to light the store on fire, as one of the men lit the contents of a garbage can on fire, then threw the can with its contents ablaze through the broken front window. Others depicted on the video confirmed that the store was on fire and the video captured flames in the front of the store. On the video recording, Green states that he and the others were setting the store on fire for Freddie Gray. The damage to the store from the fire and looting is at least $334,894.16. As part of his plea agreement, Green has agreed to the entry of a restitution order in the full amount of the victims’ losses.
During the investigation, ATF released video from the arson of the liquor store in an attempt to identify the perpetrators of the arson, as well as the assaults on the owner of the store. (link to the video: https://www.dvidshub.net/video/428956/assault-true-religion#.ViU1Wv3oteU) Multiple tips were received from the public identifying Green as one of the individuals assaulting the liquor store owner, which assisted law enforcement in identifying Green in the video from the subsequent arson of the market.
Green has been detained since his arrest.
The investigation into arsons that occurred on April 27, 2015, is continuing. Anyone with information is urged to call the ATF hotline, 1-888-ATF-FIRE (1-888-283-3473). ATF continues to offer a reward of up to $10,000 for information leading to the arrest and conviction of any individual responsible for these incidents.
Federal prosecutors previously have charged four other defendants for arson crimes committed during the Baltimore riots on April 27, 2015. Gregory Lee Butler, Jr., a/k/a Greg Baly, age 22, of Baltimore, pleaded guilty to the federal indictment charging him with obstruction of firefighters during a civil disorder, and is scheduled to be sentenced on September 20, 2016. Darius Raymond Stewart, age 22, of Baltimore, pleaded guilty to malicious destruction of property by fire, arising from the arson of a liquor store and was sentenced to five years in federal prison. Donta Betts, age 20, of Baltimore, was sentenced to 15 years in federal prison for making a destructive device in connection with the April 27, 2015, riots in Baltimore and, in an unrelated case, for discharge of a firearm in furtherance of a drug trafficking crime on July 2, 2015. Raymon Carter, age 25, of Baltimore, Maryland, pleaded guilty to the federal crime of rioting, including the arson of the CVS Pharmacy on April 27, 2015, and was sentenced to four years in prison and ordered to pay restitution of $500,000.
United States Attorney Rod J. Rosenstein praised the ATF, Office of the State Fire Marshal, Baltimore Police Department, and Baltimore City State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Rosenstein thanked Assistant United States Attorney Judson T. Mihok, who prosecuted the case.
Long Island Doctor Pleads Guilty to Conspiracy to Illegally Prescribe OxycodoneRead the Press Release
Noel Blackman, a medical doctor and the former Health Minister of Guyana, who operated from “pain management” clinics in Elmhurst in Queens County, Franklin Square in Nassau County, and Cypress Hills in Brooklyn, today pleaded guilty to conspiring to illegally distribute oxycodone, a highly addictive prescription pain medication. The guilty plea was entered before United States District Judge Joanna Seybert at the U.S. Courthouse in Central Islip. When sentenced, Blackman faces a maximum sentence of 20 years’ imprisonment and a $1 million fine.
In announcing the guilty plea, United States Attorney Robert L. Capers expressed his grateful appreciation to the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) and the United States Department of Justice, Drug Enforcement Administration (DEA), Long Island Tactical Diversion Squad, which led the government’s investigation in this case, and thanked the U.S. Customs & Border Protection (CBP) for its assistance.
“Blackman violated his professional oath to put his patients’ legitimate medical needs first and instead chose to line his pockets with the proceeds from the sale of illegal prescriptions for oxycodone, a highly addictive drug that has been linked to the rise in heroin trafficking and other social ills in our communities,” stated U.S. Attorney Capers. “Together with our law enforcement partners, we will continue to vigorously prosecute illegal prescription drug distribution.”
According to court filings and statements made in court during the guilty plea, between 2015 and February 2016, Blackman wrote prescriptions for more than 365,000 oxycodone pills. Around midnight on February 7, 2016, HSI agents removed Blackman from a plane at John F. Kennedy International Airport en route to Guyana and arrested him in connection with the conspiracy to illegally distribute oxycodone. At the time of his arrest, more than $30,000 was found concealed in Blackman’s luggage. At his guilty plea, Blackman admitted that he wrote oxycodone prescriptions for persons whom he knew had no legitimate medical need for them in exchange for cash. As part of his guilty plea, Blackman also agreed to forfeit $503,200 attributable to illegal prescription sales.
This case is but one in a series of federal prosecutions by the United States Attorney’s Office as part of the Prescription Drug Initiative. In January 2012, this Office, in conjunction with the five District Attorneys in the Eastern District of New York, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Center for Disease Control and Prevention has called an epidemic increase in the abuse of opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 19 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and a pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorneys Bradley T. King and Madeline O’Connor.
The Defendant:
NOEL BLACKMAN
Age: 68
Valley Stream, New YorkE.D.N.Y. Docket No. 16-CR-89 (JS)
Lindani Mzembe Found Guilty by Jury TrialRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Lindani Mzembe, 32, of South Bend, Indiana was found guilty, after a 2 ½ day jury trial, of kidnapping, extortion, discharging a weapon during a crime of violence and felon in possession of a firearm.
This case was prosecuted as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Federal Bureau of Investigation; South Bend Police Department and the St. Joseph County Metro Homicide. This case was prosecuted by Assistant United States Attorneys John M. Maciejczyk and Joel Gabrielse.
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Lebanon County Man Sentenced to 15 Years in Prison for Drug ConspiracyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a Lebanon man was sentenced August 23, 2016 by United States District Court Chief Judge Christopher C. Conner in Harrisburg, to serve 15 years in prison for conspiracy to possess with intent to distribute cocaine hydrochloride.
According to United States Attorney Peter Smith, Glauco Kelvin Celedonio-Smith, age 20, of Lebanon, previously pleaded guilty to the charge of conspiracy to possess with intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime. Celedonio-Smith and ten co-defendants were originally indicted by a federal grand jury in Harrisburg in July 2015 and a Superseding Information was filed in June 2016.
The charges stem from an investigation in which the Department of Homeland Security Investigations (HSI) agents in Lebanon County intercepted packages sent from Santo Domingo, Dominican Republic to the United States between June and October 2014. The packages contained kilogram quantities of cocaine hydrochloride inside.
Celedonio-Smith and a co-defendant were stopped by Pennsylvania State Police on October 8, 2014 in Reading after taking receipt of a package from the Dominican Republic. The following day a search warrant was executed on their vehicle and cellular telephones, a .38 caliber Smith & Wesson revolver, and a 9 mm Glock pistol were also seized.
The investigation was conducted by HSI, the Pennsylvania State Police and the Berks County District Attorney’s Office Detective Unit. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
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Jamestown Man Sentenced to Life in Prison for Drug Trafficking Activities That Led to the Murder of A Cooperating DefendantRead 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 Jose Martinez, aka Noelle, 47, of Jamestown, NY, who was convicted following a jury trial of conspiracy to possess with intent to distribute 500 grams or more of cocaine, was sentenced to life in prison by Senior U.S. District Judge William M. Skretny.
“As the punishment in this case reflects, the defendant - convicted of narcotics trafficking - has been sentenced as a murderer,” said U.S. Attorney Hochul. “This Office will be relentless in utilizing all available federal tools to help ensure that those who pose a danger to our community are brought to justice.”
Assistant U.S. Attorneys Thomas S. Duszkiewicz and Frank T. Pimentel, who handled the prosecution of the case, stated that between 2007 and June 2008 the defendant ran a drug trafficking organization in Jamestown, NY. Martinez supplied cocaine to another drug trafficking organization in Jamestown led by Quentin Leeper.
In May 2008, Martinez put out a contract for the killing of an individual identified as Quincy Turner. The defendant believed that Turner was cooperating with law enforcement officers who were investigating the drug trafficking activities of Quentin Leeper. On May 30, 2008, Quincy Turner was found dead of multiple gunshot wounds inside his Mercedes SUV in the parking lot of his automotive garage adjacent to the Jamestown Airport.
A total of 45 defendants were charged in connection with three drug trafficking organizations operating between Jamestown and Rochester, NY. 40 defendants have been convicted, three were acquitted at trial and two others died, including Quincy Turner.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, Southern Tier Regional Drug Task Force, under the direction of Chautauqua County Sheriff’s Department Lieutenant David Bentley, the Chautauqua County Sheriff’s Department, under the direction of Joseph Gerace, and the Jamestown Police Department, under the direction of Chief Harry Snellings. Additional assistance was provided by the Chautauqua County District Attorney’s Office.Jacob “Kobi” Alexander Pleads Guilty to Securities FraudRead the Press Release
BROOKLYN, N.Y. – Jacob Alexander, also known as “Kobi Alexander,” an Israeli national, pleaded guilty today to one count of securities fraud for his role in a stock options backdating scheme involving Comverse Technologies Inc. (Comverse). Following a bail hearing, the court entered a permanent order of detention.
Alexander was a founder, former Chief Executive Officer, and member of the Board of Directors of Comverse, which was traded on the NASDAQ stock market. Comverse was a component stock of the S&P 500 and the NASDAQ 100 at the time of the offense. Alexander was ordered extradited from Namibia on Monday, August 22, 2016, after having been indicted in the Eastern District of New York more than ten years ago. Alexander arrived at John F. Kennedy International Airport in Queens, New York, this morning in the custody of special agents of the Federal Bureau of Investigation. When sentenced, Alexander faces up to 10 years in prison. Sentencing is set for 12:00PM on December 16, 2016.
The extradition and guilty plea were announced by U.S. Attorney Robert L. Capers of the Eastern District of New York, and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“By fraudulently backdating Comverse stock options, the defendant personally gained millions of dollars in paper profits. He then compounded his crime by attempting to bribe a witness to make false statements to government investigators. For more than ten years, law enforcement pursued Kobi Alexander, and now he will be held to account for his role in a securities fraud scheme,” stated United States Attorney Capers. “The guilty plea announced today demonstrates our steadfast commitment to enforce the law against corporate executives who defraud the investing public.”
“The wheels of justice turn slowly but they keep moving; this is especially true in the case against Jacob “Kobi” Alexander. Today, Alexander pled guilty to a charge that was brought forth by the FBI more than 10 years ago for his role in a securities fraud scheme. Alexander and his coconspirators backdated the issuance of Comverse stock options, awarded them to themselves, and then lied to investors in public filings. The scheme profited Alexander millions of dollars. Ensuring that all investors have factual information and our markets are fair is exactly why the FBI continues to investigate and bring those to justice who perpetrate securities fraud schemes,” stated FBI Assistant Director-in-Charge Rodriguez.
U.S. Attorney Capers and FBI Assistant Director-in-Charge Rodriguez thanked the Department of Justice’s Office of International Affairs (OIA), the National Police for the Republic of Namibia, Interpol, and FBI Legat Pretoria for their invaluable assistance during the extradition proceedings. They also thanked the Securities and Exchange Commission (SEC) for their cooperation and assistance in the investigation and prosecution.
According to charging documents, the guilty plea proceeding, and other documents filed by the government in this case, Comverse was a communications software company with offices in Woodbury, New York. Between 1998 and 2006, the defendant and his coconspirators engaged in a fraudulent backdating scheme using hindsight to select the issuance date of Comverse stock options, which they awarded to themselves and Comverse employees, and then lied about this practice to investors in public filings and elsewhere. In doing so, the defendant and his coconspirators were able to select issuance dates when Comverse stock was trading lower, thereby awarding themselves and Comverse employees “in-the-money” options without properly accounting for these options in Comverse’s financial disclosures to investors. By backdating options, the defendant and his coconspirators violated accounting rules and caused Comverse to overstate its profits. Additionally, the backdated options also violated the terms of Comverse’s stock option plans that were approved by its shareholders. As the top recipient of stock options in every company-wide grant, the defendant gained millions of dollars in paper profits from the scheme. Ultimately, the defendant forfeited $60 million, which was applied as restitution to compensate Comverse shareholders.
When the defendant’s conduct came to light, he attempted to obstruct justice by offering to bribe a witness to make false statements to federal investigators. Shortly before being charged in connection with his scheme, and after he was aware of the government’s investigation, the defendant moved to Namibia, where he relocated with his family. The government promptly sought the defendant’s extradition.
Today’s guilty plea took place before United States District Judge Nicholas G. Garaufis.
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The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorney James P. Loonam is in charge of the prosecution and led the Office’s efforts to secure Alexander’s extradition from Namibia, with assistance from the Department of Justice’s Office of International Affairs.
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The charges in this case were brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory, and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state, and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions, and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
The Defendant:
JACOB ALEXANDER, also known as “Kobi Alexander”
Age: 64E.D.N.Y. Docket No. 06-CR-628 (NGG)
Indictment: Topeka Man Ran Auto Chop ShopRead the Press Release
TOPEKA, KAN. - A Topeka man was indicted Wednesday on federal charges of operating a chop shop trafficking in stolen auto parts, Acting U.S. Attorney Tom Beall said.
Maurice L. Stewart, 39, who is in federal custody, is charged with one count of operating a chop shop and two counts of trafficking in stolen auto parts. The indictment alleges Stewart’s operation at 13th and Madison in Topeka received stolen autos and disassembled them for sale as parts.
The indictment alleges that while the crimes occurred Stewart was on conditional release on another federal indictment charging him with tax fraud and wire fraud.
If convicted, he faces a penalty of up to 15 years in federal prison and a fine up to $250,000 on the charge of operating a chop shop, and up to 10 years and a fine up to $250,000 on each of the trafficking charges. A task force including the Topeka Police Department, the Kansas Department of Revenue – Office of Special Investigation, the FBI and the Internal Revenue Service – Criminal Investigation investigated. Assistant U.S. Attorney Richard Hathaway is prosecuting.
OTHER GRAND JURY INDICTMENTS
Harley M. Edwards, 24, Narka, Kan., and Ric Meczyor, 27, Belleville, Kan., are charged with one count of conspiring to steal money orders from a post office and one count of stealing money orders. The crimes are alleged to have occurred during February to March 2016 in Narka, Kan.
If convicted, they face a penalty up to five years and a fine up to $250,000 on the conspiracy charge, and up to 10 years and a fine up to $250,000 on the theft charge. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Cole H. Castens, 23, Wamego, Kan., is charged with one count of theft by a postal employee. The indictment alleges he stole gift cards. The crime is alleged to have occurred in January and February 2016 in Wamego, Kan.
If convicted, he faces a penalty of up to five years in federal prison and a fine up to $250,000. The U.S. Postal Service – Office of Inspector General investigated. Assistant U. S. Attorney Christine Kenney is prosecuting.
Monty Owston Quiring, 19, Wichita, Kan., is charged with one count of unlawful possession of ammunition following a felony conviction and one count of theft of government property. The crimes are alleged to have occurred Aug. 18, 2016, in Sedgwick County, Kan.
If convicted, he faces a penalty of up to 10 years on each count and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosive investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Brandon Anthony Best, 26, who is in custody in the Shawnee County Jail, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred Aug. 16, 2016, in Topeka, Kan.
If convicted, he faces a penalty of up to 10 years on each count and a fine up to $250,000. The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
Trevon Donzell Praylow, 28, who is in custody in the Shawnee County Jail, is charged with (count one and count four) unlawful possession of a firearm following a felony conviction, (count two) possession with intent to distribute marijuana, (count three).
Upon conviction, the crimes carry the following penalties:
Counts one and four: Up to 10 years on each count and a fine up to $250,000.
Count two: Up to five years and a fine up to $250,000.
Count three: Not less than five years and a fine up to $250,000.
The FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Topeka Police Department investigated. Assistant U.S. Attorney Jared Maag is prosecuting. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illinois Woman Pleads Guilty to Stealing Government FundsRead the Press Release
Deposited More Than $197,000 in Fraudulent Refunds into Her Bank Accounts
A Crystal Lake, Illinois, woman pleaded guilty today to stealing more than $197,000 from the United States, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to the plea agreement, Nellyvette Mojica, 34, admitted that from February 2012 to July 2015, she participated in a scheme to steal money from the United States through the filing of fraudulent income tax returns. According to the plea agreement, Mojica deposited into her bank accounts income tax refunds that she knew were the proceeds of fraudulently filed tax returns. Mojica admitted that as part of the scheme she caused 81 fraudulent tax refunds totaling more than $197,000 to be deposited into accounts that she controlled. Mojica also admitted that following the deposit of these fraudulently obtained refunds, she withdrew some of the money for her own use.
Sentencing is scheduled for Dec. 7. Mojica faces a statutory maximum sentence of 10 years in prison, along with a fine of up to $250,000 and three years of supervised release and $197,000 in restitution to the Internal Revenue Service (IRS). She is the second defendant who pleaded guilty in this case. Her codefendant, Rosa Alverio, pleaded guilty to stealing government funds and is scheduled to be sentenced on Nov. 10.
Principal Deputy Assistant Attorney General Ciraolo thanked agents of IRS-Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Ryan R. Raybould and Timothy M. Russo, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Northern District of Illinois for their substantial assistance in the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Houston Police Officer and Wife Sentenced to Federal Prison for Transporting Undocumented AliensRead the Press Release
In Del Rio, 52-year-old former Houston police officer Juan Carrillo and his 43-year-old wife Rosa Lidia Carrillo of Cypress, TX, were sentenced to 15 months in federal prison followed by three years of supervised release for transporting undocumented aliens announced United States Attorney Richard L. Durbin, Jr., Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden and U.S. Border Patrol Del Rio Sector Chief Patrol Agent Rodolfo Karisch.
During sentencing yesterday afternoon, United States District Judge Alia Moses also ordered that each defendant pay a $1,000 fine. Both defendants remain on bond pending notification of a self-surrender date and location by the U.S. Bureau of Prisons to begin serving their prison terms.
On January 28, 2016, both defendants pleaded guilty to one count of transporting undocumented aliens. By pleading guilty, the Carrillos’ admitted that they were illegally transporting two undocumented aliens from Eagle Pass, TX, to Houston.
According to court documents, on November 8, 2015, U.S. Border Patrol agents from the Carrizo Springs station conducted an immigration inspection on a vehicle traveling on Highway 85 in Big Wells, TX. The defendants were in the front seat and there were four passengers in the back seat. Agents discovered that four of the occupants, including the defendants, were United States citizens. Two occupants were determined to be illegally present in the United States.
Court documents also reflect that Rosa Carrillo had previously wired $1,500 to an unknown individual in order to have a family member smuggled into the United States. The defendants, admittedly, had traveled that day to Eagle Pass to pick up the family member and his companion, another undocumented individual who was being harbored at the same location, and transport them to Houston.
“The sentencing of the Carrillos sends a clear message that individuals who engage in human smuggling will be held accountable for their actions,” said Special Agent in Charge Shane Folden, HSI San Antonio. “HSI will continue to work closely with its law enforcement partners to bring human smugglers to justice.”
The case resulted from a joint investigation by the Homeland Security Investigations (HSI) in Eagle Pass and the U.S. Border Patrol. This case was prosecuted by Assistant United States Attorneys Matthew Watters and Todd Keagle.
Houma Postal Worker Sentenced for Theft of MailRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ELVIRA DUTHU DUPLANTIS, age 51, of Houma, was sentenced today after previously pleading guilty to a one-count Indictment charging her with Theft of Mail.
U.S. Chief District Judge Kurt Engelhardt sentenced DUPLANTIS to five (5) years’ probation and ordered her to pay $3,200 in restitution.
According to court records, as a result of a complaint from the Postmaster of the
Houma Post Office regarding missing mail, the United States Postal Service, Office of Inspector General (“Postal OIG”) initiated an investigation into DUPLANTIS, who was a letter carrier assigned to the Houma Post Office. The investigation determined that DUPLANTIS stole approximately 113 gift cards, which included Visa debit cards and gift cards for major retail stores and restaurants, with a total value of approximately $3,200.00.
U.S. Attorney Polite praised the work of the United States Postal Service, Office of Inspector General, in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba was in charge of the prosecution.
Four Men and One Woman Indicted for Transporting Cocaine and Money Between Puerto Rico and New YorkRead the Press Release
SAN JUAN, PR – This morning, the Organized Crime Drug Enforcement Task Force (OCEDTF) dismantled a drug trafficking organization responsible for the transportation of multi-kilogram quantities of cocaine and drug money between Puerto Rico and the Continental United States, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Drug Enforcement Administration (DEA) is in charge of the investigation with the collaboration of Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Internal Revenue Service (IRS).
On August 23, 2016, a federal grand jury returned a one-count indictment charging five individuals with participating in a conspiracy to possess with intent to distribute cocaine between the year 2009 through December 2013. The defendants are: José G. Herrera-Olavarría, a.k.a. “Pito”; Richard Rodríguez-Heredia; Luis Rodolfo Mejía, a.k.a. “Tripa”; Emilio J. González-Espinal, a.k.a. “Buster”; and Cessy Martínez-Lantigua, wife of Herrera-Olavarría.
The investigation leading to today’s arrests uncovered that members of this organization traveled on commercial flights that departed from the Luis Muñoz Marín International Airport (LMMIA) to the continental United States with kilograms of cocaine concealed inside suitcases. According to the indictment, the defendants and co-conspirators also mailed controlled substances to the continental United States.
The indictment alleges that the defendants sold the controlled substances in the continental United States and would have the profits from the sales sent back to Puerto Rico.
The case is being prosecuted by Assistant United States Attorney José A. Contreras.
If found guilty, the defendants are facing terms of imprisonment from 10 years to life. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.
The case was investigated by agents from the Organized Crime Drug Enforcement Task Force (OCDETF) that investigates South American-based drug trafficking organizations responsible for the movement of multi-kilogram quantities of narcotics using the Caribbean as a transshipment point for further distribution to the United States. The initiative is composed of DEA, HSI, FBI, US Coast Guard, US Attorney’s Office for the District of Puerto Rico, and PRPD's Joint Forces for Rapid Action.
The Airport Investigations and Tactical Team (AirTAT) operates in the District of Puerto Rico as an OCDEFT strategic initiative that is part of the National Airport Initiative. It is a multi-agency, co-located task force that includes DEA, HSI, FBI, USPIS, CBP - Office of Field Operations, and ATF. AirTAT also works closely with the Police of Puerto Rico. AirTAT’s mission is to identify, locate, disrupt, dismantle, and prosecute TCOs and their operatives using the Luis Muñoz Marín International Airport (LMMIA), the Fernando Luis Rivas Dominicci Airport (FLRDA), and airport peripherals as platforms to smuggle narcotics, weapons, human cargo, counterfeit documents, illicit proceeds, and other contraband through these critical airport infrastructures.
Fort Hall Woman Pleads Guilty to AssaultRead the Press Release
POCATELLO – Alyssa Timbana, 19, of Fort Hall, Idaho, pleaded guilty today in United States District Court to assault with a dangerous weapon, U.S. Attorney Wendy J. Olson announced. Timbana was indicted by the federal grand jury in Pocatello on January 26, 2016.
On September 13, 2015, Fort Hall Police were called to a residence on the Fort Hall Indian Reservation. Officers found a woman holding a baby who was bleeding from an injury to the throat area. That woman was the baby’s grandmother who had called the police. Officers found another woman, Alyssa Timbana, in the bathroom, also with cuts to her throat. The officer asked Timbana what happened to the baby and the defendant replied, “I did it.” The baby had two separate lacerations across her neck which required surgery to repair. Timbana was interviewed after she was treated at the hospital. She admitted taking several tablets of a nonprescription cold medicine and smoking marijuana. She was upset at her friends and began to feel “ugly” so she went in the back room and cut both her neck and the baby’s neck with a knife.
The charge of assault with a dangerous weapon is punishable by up to ten years in prison, up to three years of supervised release and a fine of up to $250,000.
Timbana is scheduled to be sentenced on November 21, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Fort Hall Police Department and the Federal Bureau of Investigation (FBI).
Former Virgin Islands Senator Charged with Wire Fraud and Embezzlement of Legislative FundsRead the Press Release
A former Virgin Islands senator was arrested on June 29, 2016, in Modena, Italy, and extradited today for allegedly defrauding the government of the Virgin Islands of tens of thousands of dollars while he served as a senator in the territorial legislature.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald W. Sharpe of the District of the Virgin Islands, Special Agent in Charge Douglas A. Leff of the FBI’s San Juan Division and Virgin Islands Inspector General Steven Van Beverhoudt made the announcement.
Wayne Anthony Gunnar James, 55, of St. Croix, U.S. Virgin Islands, was indicted on Oct. 1, 2015, with two counts of wire fraud and one count of federal program embezzlement.
According to the indictment, from 2009 to 2011, James served as Chair of the Senate Committee on Youth, Education and Culture in the 28th Legislature of the Virgin Islands. While serving as the chair, James allegedly obtained tens of thousands of taxpayer dollars for the purpose of acquiring and translating historical documents related to the “Fireburn,” an 1878 uprising by freed slaves in St. Croix. The indictment alleges that James submitted false documents to the legislature and received cash advances in order to conduct historical research on behalf of the people of the Virgin Islands. James embezzled the cash advances for his own personal benefit instead of using them for the intended purposes, according to the indictment.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI, Office of the Virgin Islands Inspector General and Internal Revenue Service-Criminal Investigation are investigating the case. Trial Attorneys Amanda R. Vaughn and Justin D. Weitz of the Criminal Division’s Public Integrity Section and the U.S. Attorney’s Office of the District of the Virgin Islands are prosecuting the case. Cristina M. Posa of the Justice Department’s Office of International Affairs provided significant assistance in this matter.