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Friday 9 October 2015
Ohio Hospital to Pay $4.1 Million to Resolve False Claims Act AllegationsRead the Press Release
Cincinnati-based West Chester Hospital and its parent company, UC Health, have agreed to pay $4.1 million to settle allegations that West Chester Hospital violated the False Claims Act by billing federal health care programs for costs associated with medically unnecessary spine surgeries, the Justice Department announced today.
“Hospitals have a responsibility to ensure that services provided at their facilities are medically necessary and appropriate before they bill federal health care programs for those services,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “When providers charge for medically unnecessary services, we will aggressively seek remedies under the False Claims Act.”
This settlement resolves allegations that West Chester Hospital knowingly submitted claims to Medicare and Medicaid for hospital charges related to medically unnecessary spine surgeries performed between 2009 and 2013 by Dr. Abubakar Atiq Durrani, a surgeon from Mason, Ohio, who had admitting privileges at West Chester Hospital. Durrani was arrested in July 2013 and charged with health care fraud violations relating to allegations that he performed medically unnecessary spine surgeries on patients residing in Ohio and Kentucky. Following his arraignment, Durrani allegedly fled the United States and remains a fugitive.
Medicaid is funded jointly by the states and the federal government. The state of Ohio and commonwealth of Kentucky paid for some of the Medicaid claims at issue and will receive approximately $72,000 of the settlement amount.
“Federal health care programs cover only those procedures that are medically necessary,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “The U.S. Attorney’s Office is committed to pursuing providers that seek payment for unnecessary medical procedures.”
“Any time greed replaces medical necessity as the primary factor in performing invasive procedures and surgeries on Medicare and Medicaid patients, our most vulnerable citizens – the elderly, disabled, and economically disadvantaged – are imperiled,” said Special Agent in Charge Lamont Pugh of the Health and Human Services Office of Inspector General (HHS-OIG). “Medical businesses and physicians who unnecessarily place patients at risk to boost profits will be held accountable for their actions.”
The civil settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery. The civil lawsuit was filed in the Southern District of Ohio by former patients of Durrani and is captioned United States ex rel. Scott, et al. v. Durrani, et al. As part of today’s resolution, the whistleblowers will receive approximately $800,000 from the federal share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $25.2 billion through False Claims Act cases, with more than $16.1 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was investigated by the U.S. Attorney’s Office of the Southern District of Ohio and the Civil Division’s Commercial Litigation Branch, with assistance provided by HHS-OIG. The claims resolved by this settlement are allegations only and there has been no determination of liability.
Ohio Hospital to Pay $4.1 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON – Cincinnati-based West Chester Hospital and its parent company, UC Health, have agreed to pay $4.1 million to settle allegations that West Chester Hospital violated the False Claims Act by billing federal health care programs for costs associated with medically unnecessary spine surgeries, the Justice Department announced today.
“Hospitals have a responsibility to ensure that services provided at their facilities are medically necessary and appropriate before they bill federal health care programs for those services,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “When providers charge for medically unnecessary services, we will aggressively seek remedies under the False Claims Act.”
This settlement resolves allegations that West Chester Hospital knowingly submitted claims to Medicare and Medicaid for hospital charges related to medically unnecessary spine surgeries performed between 2009 and 2013 by Dr. Abubakar Atiq Durrani, a surgeon from Mason, Ohio, who had admitting privileges at West Chester Hospital. Durrani was arrested in July 2013 and charged with health care fraud violations relating to allegations that he performed medically unnecessary spine surgeries on patients residing in Ohio and Kentucky. Following his arraignment, Durrani allegedly fled the United States and remains a fugitive.
Medicaid is funded jointly by the states and the federal government. The state of Ohio and commonwealth of Kentucky paid for some of the Medicaid claims at issue and will receive approximately $72,000 of the settlement amount.
“Federal health care programs cover only those procedures that are medically necessary,” said U.S. Attorney Carter M. Stewart of the Southern District of Ohio. “The U.S. Attorney’s Office is committed to pursuing providers that seek payment for unnecessary medical procedures.”
“Any time greed replaces medical necessity as the primary factor in performing invasive procedures and surgeries on Medicare and Medicaid patients, our most vulnerable citizens – the elderly, disabled, and economically disadvantaged – are imperiled,” said Special Agent in Charge Lamont Pugh of the Health and Human Services Office of Inspector General (HHS-OIG). “Medical businesses and physicians who unnecessarily place patients at risk to boost profits will be held accountable for their actions.”
The civil settlement resolves a lawsuit filed under the whistleblower provisions of the False Claims Act, which permit private parties to file suit on behalf of the United States for false claims and obtain a portion of the government’s recovery. The civil lawsuit was filed in the Southern District of Ohio by former patients of Durrani and is captioned United States ex rel. Scott, et al. v. Durrani, et al. As part of today’s resolution, the whistleblowers will receive approximately $800,000 from the federal share of the settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $25.2 billion through False Claims Act cases, with more than $16.1 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was investigated by the U.S. Attorney’s Office of the Southern District of Ohio and the Civil Division’s Commercial Litigation Branch, with assistance provided by HHS-OIG. The claims resolved by this settlement are allegations only and there has been no determination of liability.
Natchez Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss – Vincent Dewayne Carter, 30, of Natchez, pled guilty on October 8, 2015, before Senior U.S. District Court Judge David C. Bramlette III, to possession of a firearm by a convicted felon, announced U.S. Attorney Gregory Davis.
On February 21, 2014, Natchez police officers responded to a domestic disturbance call involving Carter. Upon further investigation, Carter, a convicted felon, was found to be in possession of a firearm.
Carter will be sentenced by Senior U.S. District Court Judge David C. Bramlette III on January 14, 2016, and faces a maximum sentence of 10 years in federal prison and a $250,000.00 fine.
This case was investigated by the Natchez Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Chris Wansley is prosecuting this case.
Middle Tennessee Podiatrist Charged with Health Care FraudRead the Press Release
Dr. John J. Cauthon, 49, of Murfreesboro, Tenn., was charged Wednesday in a federal indictment with seven counts of health care fraud, announced David Rivera, U.S. Attorney for the Middle District of Tennessee.
Cauthon is a Podiatrist in Murfreesboro who contracted to provide podiatric services to residents of nursing homes located throughout Tennessee.
According to the indictment, between May 2015 and August 2015, Cauthon engaged in a scheme to defraud Medicare, TennCare, and BlueCross BlueShield of Tennessee, by submitting approximately $327,280.24 in fraudulent claims for a surgical procedure for nail avulsions, which he did not perform.
If convicted, Cauthon faces up to 10 years in prison and a $250,000 fine for each count of health care fraud.
This case was investigated by the Tennessee Bureau of Investigation; the U.S. Department of Health and Human Services - Office of Inspector General and the United States Attorney’s Office for the Middle District of Tennessee. Special Assistant U.S. Attorney James S. Seaman is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
Media Advisory: Last Two Members of Dean Getaway Team SentencedRead the Press Release
Sioux City, Iowa – The United States Attorney’s Office for the Northern District of Iowa together with several federal and state law enforcement agency representatives will hold a press conference on October 13th to discuss the events leading to the shooting of a Sioux City police officer and the activities that followed to bring those involved in an attempt to obstruct justice and prevent the shooter’s capture.
U.S. Attorney Kevin Techau will be present at the press conference. He will be joined by Sioux City Chief of Police Douglas Young, Woodbury County Sheriff David Drew and County Attorney Patrick Jennings, and other county, state and federal law enforcement representatives.
Event Details
When: Tuesday, October 13, 2015
Where: Sioux City Police Department (Davidchik Hall, First Floor), 601 Douglas Street, Sioux City, Iowa
Time: 5:00 p.m. (Or one hour after the last sentencing, whichever first occurs.)
A press release will be provided and interview opportunities will be available after the press conference.
Man charged with firearm and drug offenses for shooting outside federal courthouse in IndianapolisRead the Press Release
INDIANAPOLIS –United States Attorney Josh Minkler today announced charges against a man who is alleged to have fired shots from a handgun in front of the Birch Bayh Federal Courthouse in Indianapolis. Marcus Fennell, 23, Indianapolis, was charged with being a felon in possession of a firearm, discharging a weapon in the commission of a drug trafficking crime, and possession with intent to distribute marijuana.
“Violent crime typically starts with someone who is illegally in possession of a firearm,” said Minkler. “If you choose to use a weapon to commit crime in Indianapolis, be prepared to face the full weight of federal prosecution.”
According to the criminal complaint, Indianapolis Metropolitan Police Department officers heard shots being fired near the federal courthouse in downtown Indianapolis on October 8, 2015 at approximately 8:20 am. They observed a crowd of people running from the area and after speaking to witnesses, determined Fennell had fled the scene and was near Indiana War Memorial Park in the 500 block of North Meridian Street.
Officers quickly apprehended Fennell and found a loaded 9mm handgun in the pocket of his pants. He also is alleged to have had in his possession 110 pre-packaged bindles of marijuana for individual sale. Officers also found two 9mm shell casings at the scene of the shooting. Fennell has a prior felony conviction for robbery in Marion County in 2012, which makes it illegal for him to possess a firearm.
This case is being investigated by the Indianapolis Metropolitan Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives and Federal Protective Service.
Fennel will have his initial appearance in federal court at 2:30 pm today.
According to Assistant U.S. Attorney Jeffrey D. Preston who is prosecuting this case for the government, the maximum penalty Fennell could face is up to life in prison if convicted of all counts.
Man Pleads Guilty to Possession of Prison ContrabandRead the Press Release
St. Croix, USVI – Rodney Stanley, 30, pleaded guilty today in District Court on St. Croix to one count of possession of prison contraband, United States Attorney Ronald W. Sharpe announced.
As part of his plea, Stanley admitted that on November 15, 2012, officers of the Virgin Islands Bureau of Corrections (BOC) found a cellular telephone hidden in a mattress inside a cell solely occupied by Stanley at the Golden Grove Adult Correctional Facility on St. Croix. Stanley was an inmate at the facility at the time. Cellular telephones are prohibited contraband in correctional facilities because they are known to be used by prisoners to intimidate witnesses, orchestrate narcotics transactions, and facilitate other criminal activity, including murders.
Stanley is facing a maximum sentence of one year in prison and a $100,000 fine. A date for sentencing has not been set.
This case was investigated by the BOC and United States Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorney Rami S. Badawy.
Man Pleads Guilty to Possession of Prison ContrabandRead the Press Release
St. Croix, USVI – Delroy Woods, 24, pleaded guilty today in District Court on St. Croix to one count of possession of prison contraband, United States Attorney Ronald W. Sharpe announced.
As part of his plea, Woods admitted that on May 7, 2013, officers of the Virgin Islands Bureau of Corrections (BOC) found a shank or homemade knife hidden in a mattress inside a cell solely occupied by Woods at the Golden Grove Adult Correctional Facility on St. Croix. Woods was an inmate at the facility at the time.
Woods is facing a maximum sentence of five years in prison and a $250,000 fine. A date for sentencing has not been set.This case was investigated by the BOC and United States Drug Enforcement Administration. It is being prosecuted by Assistant U.S. Attorney Rami S. Badawy.
Lubbock Man Sentenced to 15 Years in Federal Prison for Posing as a Female “Modeling Agent" to Lure Teen and Take Sexually Explicit Photos of HerRead the Press Release
LUBBOCK, Texas — Amadeo Cruz Torres, 24, of Lubbock, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to 15 years in federal prison, following his guilty plea in June 2015 to one count of production of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
Torres has been in custody since his arrest in June 2014.
According to documents filed in the case, Torres met the teenage minor, “Jane Doe,” at South Plains Mall in Lubbock on June 17, 2014, after he had been communicating with her online, via Facebook, about the possibility of modeling. Torres first represented himself to be a female modeling agent named “Amber.”
The teenage victim’s mother took Jane Doe to the mall to meet the supposed modeling scout. Jane Doe was advised that she would be meeting with “Shane,” the defendant. Jane Doe was advised to meet with Torres without a parent or friend to minimize distractions.
After meeting with Jane Doe in the mall’s food court, Torres took her to a family restroom and locked the door. He took a video of her while he instructed her to engage in various poses. Eventually, Torres directed her to disrobe completely so that he could film a nude video. At one point during the “modeling session,” Torres convinced her to let him touch her in a sexually explicit manner to verify that she was not hiding drugs.
Torres was arrested the following day at South Plains Mall where he had gone to meet another minor female. Officers seized his video camera, cell phone and tablet computer.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Lubbock Police Department and the FBI investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
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Lower Brule Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.
Aaron DeWayne Goodface, III, age 35, was sentenced to 119 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Goodface was indicted by a federal grand jury on May 12, 2015. He pled guilty on July 13, 2015.
The conviction stems from an incident on April 25, 2015, when the Lower Brule Police Department investigated an incident where Goodface had assaulted his aunt.
The officer entered the residence and saw that the victim was bleeding from her face, and blood was found on pillows, bedding, and some clothing. Goodface had just gone into the bathroom, and the officer knocked on the door and asked Goodface to exit the bathroom. Goodface first ignored the officer’s commands, but then opened the door. The officer ordered him to his knees, and again Goodface ignored him. The officer ordered him once more to get on his knees and drew his taser gun. At that point, Goodface complied and was taken into custody.
The victim was taken to the hospital. A special agent from the Bureau of Indian Affairs was able to speak with the victim, who explained that Goodface hit her in the face multiple times with a flashlight. The victim had a large gash to her forehead that required several sutures to close the laceration. She also had a second laceration near her right ear that required 2 sutures to close, two fractured ribs, and bleeding on the brain that required regular monitoring. She spent several days in the hospital.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Goodface was immediately turned over to the custody of the U.S. Marshals Service.
Lackawanna Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that Anthony Watkins, 32, of Lackawanna, NY, who was convicted of unlawful possession of a firearm by a convicted felon, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara. The defendant’s supervised release on a prior federal conviction for possession of a firearm in furtherance of drug trafficking crimes was revoked and Watkins was sentenced to an additional 12 months in prison, for a total of 96 months.Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on May 14, 2014, U.S. Probation Officers and members of the Federal Bureau of Investigations Safe Streets Task Force visited Watkins’s apartment. Officers found the defendant at home and a Glock 9mm pistol with a high-capacity magazine loaded with 21 rounds of ammunition in his bedroom closet. Watkins was on supervised release after serving 60 months in federal prison for possessing a firearm in furtherance of drug trafficking, and prohibited from possessing firearms.
The sentencing is the result of an investigation by the U.S. Probation Office, under the direction of Anthony SanGiacomo and the Federal Bureau of Investigation's Safe Streets Task Force, under the direction of Special Agent in Charge Adam S. Cohen. The task force includes representatives of the Amherst Police Department; the Buffalo Police Department; U.S. Border Patrol, the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Cheektowaga Police Department; the Erie County Sheriff’s Department; the Hamburg Police Department; the Lancaster Police Department; the Niagara Frontier Transportation Authority Police; the New York State Department of Correctional Services; the New York State Police; and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. Additional assistance was provided by the Drug Enforcement Administration; U.S. Customs and Border Protection, the United States Marshal Service, the Lackawanna Police Department, and the Niagara County Sheriff’s Department.
Jury Finds Rochester Man Guilty of Marijuana Possession and Possessing A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.--U.S. Attorney William J. Hochul, Jr. announced today that a federal grand jury found Laverne Singletary, 49, of Rochester, NY, guilty of possessing marijuana and possessing a firearm after having been convicted of a felony. The charges carry a maximum possible penalty of 10 years in prison and a fine of $250,000 or both.Assistant U.S. Attorneys Craig Gestring and Charles E. Moynihan, who handled the prosecution of the case, stated that on October 6, 2012, Singletary, a four-time convicted felon, was arrested on Roth Street in Rochester after law enforcement officers attempted to stop him for carrying an open beer can on a public sidewalk. Singletary ran after being approached officers and was caught after a short foot pursuit. The defendant was placed in handcuffs. Once handcuffed, officers stood Singletary up from the ground and found a Hungarian-made 7.65 mm semi-automatic pistol which had fallen from his pants. In searching the defendant, officers also located 13 bags of marijuana.
The conviction is the culmination of an investigation on the part of Special Agents of the Bureau of Alcohol Tobacco, Firearms and Explosives under the direction of Delano A. Reid, Special Agent in Charge, New York Field Office, the Monroe County Office of Probation and Community Corrections, under the direction of Robert J. Burns, Chief Probation Officer, and the Rochester Police Department under the direction of Chief Michael Ciminelli.
Sentencing for Singletary is scheduled for January 15, 2016 at 9:30 a.m. before Chief U.S. District Judge Frank P. Geraci who presided over the trial of the case.
Jackson Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss - Maurice King, 29, of Jackson, pled guilty today before Senior U.S. District Judge David C. Bramlette III to possession of a firearm by a convicted felon, announced U.S. Attorney Gregory K. Davis.
King was indicted as a result of the Jackson Violent Crime Initiative. He was arrested following a traffic stop on September 20, 2014 when he was found to be in possession of a stolen firearm.
King will be sentenced by Senior U.S. District Judge David C. Bramlette III on January 14, 2016, and faces a maximum sentence of 10 years in federal prison and a $250,000.00 fine.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Johnston in Great Falls on October 8, 2015 and entering pleas of Not Guilty were:
- JACOB FINLEY, a 23-year-old resident of Browning, appeared on charges of false information and hoaxes. If convicted of the charge contained in the indictment, FINLEY faces 5 years in prison, $250,000 in fines and 1 year supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-65
- RICHARD LITTLE DOG, a 50-year-old resident of East Glacier, appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, LITTLE DOG faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-66
- CHARLES PAUL REEVIS, a 24-year-old resident of Browning, appeared on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious charge contained in the indictment, REEVIS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-64
Appearing before U.S. Magistrate Ostby in Billings on October 8, 2015 and entering pleas of Not Guilty were:
- QUINDELL JORDAN BULLTAIL, a 25-year-old resident of Lodge Grass, appeared on charges of depredation of government property and theft of government property. If convicted of the most serious charge contained in the indictment, BULLTAIL faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was invested by the Bureau of Indian Affairs. PACER Case Reference. 15-89
Appearing before U.S. Magistrate Lynch in Missoula on October 7, 2015 and entering pleas of Not Guilty were:
- NATASHA OAKLEY, a 34-year-old resident of Sammamish, Washington, appeared on charges of conspiracy to possess with intent to distribute oxycodone, possession with intent to distribute oxycodone, conspiracy to acquire or obtain possession of a controlled substance by deception, and acquiring or obtaining possession of a controlled substance by deception. If convicted of the most serious charges contained in the indictment, OAKLEY faces 20 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-21
- VERA OAKLEY, a 64-year-old resident of Sammamish, Washington, appeared on charges of conspiracy to possess with intent to distribute oxycodone, possession with intent to distribute oxycodone, conspiracy to acquire or obtain possession of a controlled substance by deception, and acquiring or obtaining possession of a controlled substance by deception. If convicted of the most serious charges contained in the indictment, OAKLEY faces 20 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration. PACER Case Reference. 15-21
Appearing before U.S. Magistrate Johnston in Great Falls on October 6, 2015 and entering pleas of Not Guilty were:
- LORALEE WAXCHA RED DOG, a 21-year-old resident of Poplar, appeared on charges of bank employee fraud, aggravated identity theft and theft from tribal express. If convicted of the most serious charges contained in the indictment, RED DOG faces 30 years in prison, $1,000,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 15-53
- CASSIDY WINTERS, a 28-year-old resident of Great Falls, appeared on charges of distribution and receipt of child pornography. If convicted of the most serious charges contained in the indictment, WINTERS faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the U.S. Secret Service, Flathead County Sheriff’s Office and Montana Internet Crimes Against Children Task Force. PACER Case Reference. 15-58
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
In-home Caretaker Pleads Guilty to Stealing More Than $80,000 from her Client’s EstateRead the Press Release
Memphis, TN – An in-home caretaker has pled guilty to bank fraud and conspiring to commit mail fraud in a scheme that defrauded a deceased woman’s estate of more than $80,000. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the plea today.
According to the indictment, Shirley Hardaway, 59, of Memphis, was the owner and operator of Companion Plus, an in-home health and respite care provider to sick, disabled, and elderly people. Hardaway served as the daily in-home caretaker of the deceased victim for approximately four-to-five years, according to information presented in court. The home services ceased when the victim died in September 2009 at the age of 91. The deceased victim left behind more than $80,000 in two investment accounts at Franklin Templeton Investments, an investment managing company headquartered in California.
Nearly two years after the victim’s death, in June 2011, Hardaway mailed fraudulent change of address requests to Franklin Templeton on the decedent’s investment accounts, changing the address used for future correspondence between the parties to Hardaway’s address.
Hardaway and a co-conspirator then opened a fraudulent bank account online in the decedent’s name at Bank of America. The victim’s name, social security account number, and address were used to open the account.
After the Bank of America account was activated, Hardaway and her co-conspirator mailed several fraudulent documents to Franklin Templeton in the decedent’s name requesting that the company liquidate the victim’s two investment accounts and transfer the money within them to the fraudulently opened bank account. Upon receiving the request to liquidate both of the deceased victim’s accounts, Franklin Templeton
electronically transferred more than $80,000 to the bank account. Hardaway then transferred the money to her personal Bank of America savings account and withdrew it all via cashier’s check.
On Thursday, October 8th, 2015, Hardaway pled guilty to bank fraud and conspiracy to commit mail fraud.
The plea included a criminal forfeiture provision in the amount of money stolen from the decedent’s investment accounts: $80,423.67.
Hardaway faces up to 30 years imprisonment and a fine of up to $1 million on the bank fraud charge. She faces up to 20 years imprisonment and a fine of up to $250,000 on the conspiracy to commit mail fraud charge.
Hardaway is scheduled to be sentenced by Judge Jon Phipps McCalla on January 6th, 2016.
The case was investigated by the United States Secret Service.
Assistant U.S. Attorney Leetra Harris is prosecuting the case on the government’s behalf.
Hyattsville Man Pleads Guilty to Tax FraudRead the Press Release
Baltimore, Maryland – Bruno Rodriguez, age 35, formerly of Hyattsville, Maryland pleaded guilty today to conspiring to defraud the United States and money laundering.
The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to his plea agreement and court documents, from November 2011 to May 2012, Rodriguez helped to file fraudulent tax returns using the stolen identities of Puerto Rican residents. A co-conspirator who lived in Puerto Rico emailed Rodriguez the names, dates of births and social security numbers of Puerto Rican residents. The emails appeared to be grouped by families and included minor children. Rodriguez agreed to share a portion of the tax refunds with the co-conspirator.
Rodriguez gave the emails to his wife, Jennifer Rodriguez, who owned Latin Multi Services, a tax preparation service located in Silver Spring, Maryland. Jennifer Rodriguez used the stolen identifying information to prepare tax returns that falsely listed the taxpayers as residents of Maryland and included fabricated income figures and deductions.
All of the returns requested refunds and listed bank accounts controlled by Rodriguez and his wife as the recipient bank account for the refunds. The fraudulent returns were electronically deposited into the bank accounts.
Over the course of the scheme, Bruno Rodriguez caused to be filed 291 false tax returns with the IRS, which resulted in the IRS paying $983,382 in refunds. Rodriguez has agreed to the entry of an order to pay restitution of $983,382.
Bruno Rodriguez faces a maximum sentence of five years in prison for conspiring to defraud the United States and 20 years in prison for money laundering. U.S. District Judge J. Frederick Motz scheduled sentencing for January 5, 2016 at 10:30 a.m.
Jennifer Rodriguez, age 41, of Hyattsville, Maryland previously pleaded guilty to the fraud conspiracy. She was sentenced to a year and a day in prison, and an order was entered that she pay restitution of $983,382.
United States Attorney Rod J. Rosenstein praised the IRS – Criminal Investigation for its work in the investigation and thanked Assistant U.S. Attorney Bryan E. Foreman, who is prosecuting the case.
Husband and Wife Indicted for Income Tax Evasion and Bankruptcy FraudRead the Press Release
DENVER – Daryl F. Yurek, age 60, and Wendy M. Yurek, age of 60, both of Littleton, Colorado were indicted by a Federal Grand Jury in Denver on October 7, 2015 for income tax evasion and bankruptcy fraud, announced United States Attorney John Walsh and IRS Criminal Investigation Acting Special Agent in Charge Steven Osborne. The Yureks, husband and wife, had their initial appearance yesterday before U.S. Magistrate Judge Kathleen Tafoya. The Yureks were remanded, and a detention hearing was set for October 13, 2015.
From 1999 through 2012 Daryl Yurek was a partner in Bolder Venture Partners, and Wendy Yurek was a partner from 2008 through 2012. Daryl Yurek acted as a consultant to start-up and growing companies and provided a variety of services, including temporary management and fundraising. Daryl Yurek also exerted significant control over other companies, including ID Watchdog, and Veracity Credit Consultants.
According to the information contained in the Indictment, Daryl and Wendy Yurek reported taxes due and owing for tax years 1999 and 2004 of $624,127 and $53,978, respectively. In 2006, the Yureks attempted to settle this tax obligation with the IRS for $75,000 through an Offer in Compromise in which the Yureks claimed to have insufficient funds to pay the full amount owed. Later, in September 2010, the Yureks filed with the United States Bankruptcy Court in the District of Colorado a Voluntary Chapter 7 Bankruptcy Petition. During the bankruptcy proceeding, Daryl Yurek testified that their primary reason for pursuing bankruptcy was "the $1.2 million that the IRS wants."
According to information contained in the Indictment, during the time that the Yureks claimed to have insufficient money to pay the owed taxes, the Yureks caused Veracity Credit Consultants and Bolder Venture Partners to pay for substantial personal expenses for the Yureks. In March 2006, the Yureks purchased a loft in downtown Denver for $1.3M in the name of one of their sons. Between 2006 and 2011, Veracity Credit Consultants made mortgage payments on that downtown loft, which was the Yureks’ personal residence, totaling approximately $ 528,635. Bolder Venture Partners paid Condo Association Fees on the loft totaling approximately $43,866. Between 2006 and 2010, Veracity Credit Consultants made rental payments totaling approximately $115,719 for a vacation house in Tabernash, Colorado, which was used by the Yureks. Between 2007 and 2013, Veracity Credit Consultants also made payments totaling approximately $116,009 to the Pinehurst Country Club for Daryl Yurek’s membership dues and other expenses associated with the membership.
According to the indictment, the Yureks also committed numerous affirmative acts of evasion, including submitting to the IRS false and misleading statements on Forms 433-A, IRS Collection Information Statement for Wage Earners and Self-Employed Individuals. In 2008 and 2009, Daryl Yurek also transferred shares that he held in ID Watchdog to Veracity Credit Consultants and to his sons while falsely claiming to the IRS that he had not made any transfers for less than full value.
Daryl Yurek was charged with one count of tax evasion, one count of bankruptcy fraud, one count of making a false oath in connection with bankruptcy, and two counts of subscribing to a false document. Wendy Yurek was charged with one count of tax evasion and one count of bankruptcy fraud. Subscribing to a false document carries a penalty of not more than 3 year in federal prison and a fine of up to $250,000. The other charges each carry a penalty of not more than 5 year in federal prison and a fine of up to $250,000.
This case was investigated by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Pegeen Rhyne.
The charges contained in the Indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Hooksett Man Pleads Guilty to Drug and Firearm ChargesRead the Press Release
CONCORD, N.H. – Rosaire R. Gauthier, 39, of Hooksett, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to being a felon in possession of a firearm, possession with intent to distribute a controlled substance, and 15 counts of distribution of a controlled substance announced Acting United States Attorney Donald Feith. Under the terms of the plea agreement with the United States, Gauthier agreed to a sentencing range of 108 months to 168 months and to forfeit $18,190 in cash.
Information provided to the court during the change of plea hearing established that from April 16, 2011 through February 1, 2012, Gauthier distributed oxycodone and, in some instances, oxycodone and cocaine during controlled purchases conducted by the Manchester Police Department. In total Gauthier delivered 575 oxycodone pills and 5.92 grams of cocaine. Gauthier was indicted on 15 counts of distribution of a controlled substance on April 16, 2014.
On August 25, 2014, the United States Marshal’s Service (USMS) executed an arrest warrant for Gauthier at his residence located in Hooksett, New Hampshire. During the execution of the warrant the United States Marshals observed firearms in plain view, including a silver double-barrel shotgun and a Derringer pistol. Officers with the Hooksett Police Department then applied for and were granted a search warrant for the defendant’s residence where they recovered a North American Arms, Model NAA22, .22 caliber revolver, an E.R. Amantino, Stoeger Coach Gun, 12 Gauge Shotgun, a Sig Sauer, Model P938, 9mm caliber pistol, a Charter Arms Shelton, CT, Model Bull Dog, .44 caliber revolver, and a Feather Industries, Model AT22, .22 caliber rifle, ammunition, body armor, prescription drugs, approximately 20 grams of marijuana, approximately 65 grams of cocaine and $18,190.00. Gauthier was subsequently charged with the firearms and possession with intent to distribute offenses.
Gauthier was previously convicted of possession with intent to sell a controlled drug, a crime punishable by more than one (1) year imprisonment, thus making Gauthier a person prohibited from possessing a firearm.
Gauthier faces a maximum sentence of 20 years imprisonment. Gauthier is scheduled to be sentenced on January 28, 2016. He was detained pending sentencing.
The case was investigated by the Hooksett Police Department, Manchester Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives and the United States Marshal’s Service and was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Henrico Man Sentenced to More Than 24 Years for Sexually Abusing Young BoysRead the Press Release
RICHMOND, Va. – Noland Anthony Harper, 61, of Henrico County, was sentenced today to 292 months in prison for engaging in a child exploitation enterprise that included sexually abusing young boys as young as 11-years old. Following his prison term, Harper will be required to register as a sex offender in any U.S. jurisdiction in which he lives, works, or attends school.
Harper pleaded guilty on July 16, 2015. According to court documents, Harper conspired with three other men to sexually abuse three juvenile victims, photograph the abuse, and then distribute the photos to other individuals over the Internet. Harper helped set up the websites the enterprise used to market and distribute pornographic images of children, and was the enterprise’s principal financier. In 2014, Harper traveled from Richmond to Desert Hot Springs, California, on three separate occasions. During his trips to California, Harper regularly met up with the three minor boys, all of whom were under 16-years-old, including two boys who were 11-years-old. Harper would sexually abuse the boys, both at the home of a co-conspirator and during multi-day road trips to, among other places, the beach and Disneyland. Harper and his co-conspirators recruited the young boys, giving them gifts and cash if the boys agreed to pose for explicit photo shoots. Harper would subsequently upload the sexually explicit images to his computer and online storage accounts, and sent other images to a co-conspirator for use on the enterprise’s website. Harper also distributed child pornography from his Henrico residence to willing recipients.
Harper’s alleged co-conspirators are currently facing state charges in California and federal charges in Nevada, respectively.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General of Virginia; and Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck. The case was investigated by the FBI as part of the FBI’s Innocent Images Task Force, and Homeland Security Investigations. Assistant U.S. Attorneys Jessica D. Aber and Thomas A. Garnett, and Special Assistant U.S. Attorney Samuel E. Fishel of the Virginia Attorney General’s Office, prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:15cr36.
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Habitual Motorhome Thief, Ronald Bruce Myers, Sentenced to 30 Years in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Patrick Miles announced today that Ronald Bruce Myers, who is 56 years old, was sentenced to thirty years in prison for his leading role in stealing eight different motor homes across the United States as part of an extensive criminal conspiracy uncovered by the FBI. U.S. District Court Judge Robert Holmes Bell also ordered Myers to pay over $2M in restitution. Myers has four prior federal felony convictions for transporting stolen motor homes. He began his latest crime spree almost immediately after being released from a Kentucky prison on yet another charge. The Judge found that defendant Myers caused just over $2.9 million dollars’ worth of losses to the victim businesses, private citizens and insurance companies.
In April of this year, a federal jury returned guilty verdicts on all counts against Myers who was accused of conspiring with others to steal, transport, and sell motorhomes throughout the United States, including the theft of three motor homes from businesses in Western Michigan. The jury also convicted Myers of transporting the stolen motorhomes out of Michigan. Myers stole a Country Coach motor home from Holland Bus and Motor Homes on March 28, 2012. Myers returned to Michigan in early May 2012, at which time he stole two more motor homes from Midway RV Center of Kentwood. The defendant also stole two motor homes in Alabama, one in Missouri, one in North Carolina, and one in Florida.
The jury also convicted Myers of three counts related to money laundering. The evidence at trial showed that Myers used a series of aliases to obtain false title documents, open bank accounts and to forward mail as part of his criminal scheme. The defendant moved hundreds of thousands of dollars through the bank accounts opened under false names and/or using purported corporations. IRS records showed that the defendant, and his corporations, did not file tax returns from 2008 to 2012. Myers had already been convicted in four previous federal prosecutions involving stolen vehicles.
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Fort Thompson Sentenced for Felon in Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of Firearm was sentenced on October 7, 2015, by U.S. District Judge Roberto A. Lange.
Christopher Allen Harrison, age 40, was sentenced to 46 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Harrison was indicted by a federal grand jury on May 12, 2015. He pled guilty on June 23, 2015.
The conviction stemmed from an incident on April 26, 2015, when officers from the Bureau of Indian Affairs received a call advising them that Harrison was at a home in Fort Thompson, and he needed to be removed. An officer responded, and as he pulled up to the home, Harrison was on the porch and fired shots from a shotgun into the air. Backup was called and when they arrived, Harrison was sitting on the porch with the shotgun pointed at himself, and his family members were begging him to cooperate.
Multiple officers responded and attempted to get Harrison to put down the gun. He ignored the officers and went in and out of the house with the shotgun. After a standoff with the officers, Harrison finally threw the shotgun out of the residence and was taken into custody.
Harrison was convicted of a federal offense in the United States District Court, District of South Dakota in 1998, and consequently Harrison is a prohibited person and may not lawfully possess any firearms.
This case was investigated by the Bureau of Indian Affairs and the Office of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Harrison was immediately turned over to the custody of the U.S. Marshals Service.
Former School Employee Sentenced for Child Pornography CrimesRead the Press Release
Anchorage, Alaska – United States Attorney Karen L. Loeffler announced today that Daniel Alan Brown, 34, of Anchorage, Alaska, was sentenced today by United States District Judge Sharon L. Gleason to 15 years in prison, to be followed by a lifetime period of supervised release, for distribution of child pornography in violation of 18 U.S.C. § 2252(a)(2).
According to court documents and arguments made during today’s sentencing hearing, starting in 2006, the defendant began working as a substitute teacher for the Anchorage School District. In 2010, the defendant started working as a teacher’s assistant at Huffman Elementary.
After purchasing a computer in 2005 and starting work in the schools in 2006, the defendant began collecting images of child pornography online. In July 2014, the defendant began trading images with an undercover police detective in New Zealand. Based on a lead from the New Zealand Police Department, law enforcement obtained a search warrant for the defendant’s residence in November 2014.
The defendant’s computer was seized and searched. Located on the computer were more than 40,000 images and videos of child pornography. Many of these images and videos showed prepubescent males being sexually abused. Also located on the defendant’s computer were non-pornographic images of Anchorage-area children that he had recovered from various sources, to include publicly-available Facebook posts. In some instances, the defendant used these non-pornographic images as an avatar for file-sharing accounts through which he traded child pornography. At other times, the defendant posted these non-pornographic photographs on the file-sharing site and sought comments about the images from other traders of child pornography. These comments frequently included graphic descriptions of various sexual acts the defendant and others sought to perform on the children depicted in the pictures.
At sentencing, Judge Gleason read and considered victim impact statements from some of the children depicted in the pornographic images traded by the defendant. According to one victim, the defendant’s trading of his images continued the victim’s “shame…by spreading the pictures and videos [of his abuse] to hundreds of thousands of people on the internet.” Another victim wrote “[i]f you are looking at me, or any other child for that matter, then you are hurting every one that you look at. Anyone who looks at those horrible pictures of me or other children are abusing us.”
Parents of some of the children depicted in the non-pornographic images possessed by the defendant also spoke to the court prior to sentencing. In those statements, victims addressed the impact the defendant’s conduct had on the minors shown in the photographs and their families, as well as the school at which he worked. According to one mother, their life “has been irrevocably changed because [the defendant] used his position to do things to children.” Other parents wrote about how they “failed” their children because they were unable to protect them from the defendant, and that the impact of the defendant’s violation of their trust is that they “question everyone’s motives…don’t relax…and live in a tense world wondering who else wants to bring harm to [their] children.” According to the school’s former principal, the defendant’s crimes and its impact on the school and local community were the most “emotional, personal, and devastating” thing he had experienced in nearly 30 years in public education.
Judge Gleason based her sentence on numerous factors, including the nature and circumstances of the defendant’s conduct and the defendant’s history and characteristics. Judge Gleason noted the emotional statements provided by the local parents, and reminded the defendant that the “horror in the lives of the victims of the [child pornographic] images the defendant possessed” was many times worse. Judge Gleason also remarked on the statement the defendant made to the court and his victims, noting that he focused almost the entirety of his statement on himself. Judge Gleason found the defendant to be someone “very self-absorbed and focused on his [own] satisfaction.” “[T]o gain gratification looking at pictures of children being tortured is not the type of thing someone with compassion and empathy would have,” said Judge Gleason.
This case was investigated and prosecuted by the FBI, the New Zealand Police Department, and Assistant U.S. Attorney Kyle Reardon.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov, or contact the District of Alaska’s Project Safe Childhood Coordinator at (907) 271-5071.
Former Police Officer Pleads Guilty to Civil Rights ChargeRead the Press Release
PITTSBURGH - A resident of Fayette County, Pennsylvania, pleaded guilty today on a charge of deprivation of civil rights, United States Attorney David J. Hickton announced today.
Norman L. Howard, 42, of Grindstone, Pennsylvania, pleaded guilty to one count before Chief U.S. District Judge Joy Flowers Conti.
On or about May 26, 2013, Howard, the former Officer in Charge of the Redstone Township Police Department, willfully deprived an individual identified as D.N. by punching D.N. in the face, without justification.
Judge Conti scheduled sentencing for Jan. 22, 2016. The law provides for a maximum sentence of one year in prison, a fine of $100,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Cindy K. Chung and Shaun E. Sweeney are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.
Former JabberBlabber Employee Pleads Guilty to Defrauding Publication of More Than $70,000Read the Press Release
Memphis, TN – A former employee of JabberBlabber, Inc. a Memphis-based children’s magazine, has pled guilty to defrauding the publication of more than $70,000. Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee, announced the plea today.
According to information presented in court, Katrina Sears, 32, of Horn Lake, MS, worked as an accounts receivable clerk for JabberBlabber between February 2008 and February 2014. Over the six-year period, her duties included managing both the publication’s receivable and payable accounts as well as performing routine clerical duties.
Sears had authorization to receive and open letters delivered to JabberBlabber; checks were enclosed in many of the letters. Sears was required to record the payments into the magazine’s QuickBooks accounting software program and subsequently provide them to designated staff members for deposit. Sears was not authorized to conduct any banking transactions on JabberBlabber’s behalf including deposits and withdrawals, according to information presented in court.
Between December 2010 and February 2014, Sears embezzled more than 150 letters containing checks made payable to JabberBlabber. According to court information, Sears reportedly forged the payee line on the checks and deposited the money into her personal Bank of America account. Sears would then delete or edit the corresponding invoice from the QuickBooks accounting software.
According to court information, a review of JabberBlabber’s accounting records by the United States Postal Inspection Service showed that approximately 160 invoices had been deleted or edited from the software. Furthermore, a review of Sears’ bank records
revealed she had deposited more than $70,000 worth of checks initially made payable to JabberBlabber.
On Thursday, October 8th, 2015, Sears pled guilty to one count of obstruction of correspondence.
Sears faces up to five years imprisonment and a fine of up to $250,000.
She’s scheduled to be sentenced by Judge John T. Fowlkes Jr. on January 8th, 2016.
The case was investigated by the United States Postal Inspection Service.
Assistant U.S. Attorney Leetra Harris is prosecuting the case on the government’s behalf.
Former Georgia Doctor Admits to Unlawfully Prescribing Pain Medication to Thousands of KentuckiansRead the Press Release
LONDON — A former Georgia physician has admitted in federal court that he conspired with the owner of a Georgia pain clinic, and others, to unlawfully distribute thousands of prescription pills to Kentuckians.
On Thursday, Michael Johnston, 58, pleaded guilty, before U.S. District Judge Amul Thapar, to conspiring to unlawfully distribute oxycodone. Pursuant to his plea agreement, which is still awaiting the Court’s approval, Johnston agreed to serve 10 years in prison, beginning on the date of his formal sentencing, January 12, 2016. Under federal law, he must serve at least 85 percent of his sentence.
Johnston admitted that, from May 2011 until November 2011, he conspired with Joel Shumrak, the owner of a Tucker, Ga., pain clinic, and others, to illegally distribute large quantities of oxycodone and Xanax to residents of numerous Kentucky counties, including Clay, Laurel, Rockcastle, Pulaski, Floyd, Knox, Bell, Pike, Jefferson, Whitley, Madison, Montgomery, Fayette, and Magoffin counties. Johnston further admitted that he ignored the fact that these Kentuckians were addicts and were likely selling the drugs for profit upon their return to Kentucky.
Johnston, who had previously practiced as a pediatrician, acknowledged that he had no formal training or experience in prescribing adult pain medication, prior to being hired by Shumrak. According to Johnson’s plea agreement, many of the patients were seen by non-physicians, who then recommended prescriptions, allowing the clinic to increase the number of patients that could be seen in a day.
Johnson also admitted that he provided little or no physical examination to many of these patients, before providing the prescriptions; he made no referrals for surgery or other medical exams; and he was encouraged to see as many patients, per day, as possible.
Court records also show that Shumrak’s clinic did not even accept medical insurance, operating on a cash-only basis. Shumrak has also pleaded guilty and was sentenced to 14 years imprisonment earlier this year.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky; Joseph Reagan, Special Agent in Charge, DEA, Detroit Field Division; A.D. Wright, Acting Special Agent in Charge, DEA, Miami Field Division; and Daniel Salter, Special Agent in Charge, DEA, Atlanta Field Division, jointly made the announcement.
The investigation was conducted by the DEA in Kentucky, Georgia, Florida and Ohio. Assistant U.S. Attorney Sam Dotson prosecuted this case on behalf of the federal government.
Former Comptroller of Albuquerque Construction Company Sentenced to Prison for Federal Fraud and Identity Theft ConvictionRead the Press Release
ALBUQUERQUE – U.S. Attorney Damon P. Martinez and Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Texas, announced today that Stephanie Pyle, 40, of Albuquerque, N.M., was sentenced for her conviction on fraud and aggravated identity theft charges.
Pyle was sentenced to 30 months in prison for her conviction on the fraud charge and 24 months in prison for her conviction on an aggravated identity theft charge. Because the sentence on the identity theft charge must be served consecutive to the sentence on the fraud charge, Pyle was sentenced to a total of 54 months in prison followed by three years of supervised release. Pyle was also ordered to pay $2,409,901.00 in restitution to the victims of her criminal conduct.
Pyle was charged on Feb. 10, 2015, in a 12-count indictment alleging that between Jan. 2010 and May 2014, Pyle used credit cards and account numbers in her employer’s name without authorization and with the intent to defraud her employer. Counts 1 through 6 of the indictment charged Pyle with defrauding her employer of approximately $1,531,124.00 during a five-year period. Counts 6 through 12 of the indictment charged Pyle with using the identity of another person to commit the fraudulent acts charged in Counts 1 through 6. At the time of the offenses charged in the indictment, Pyle was employed as the comptroller for the Albuquerque-based construction company that was the victim of Pyle’s criminal conduct.
On May 19, 2015, Pyle pled guilty to Counts 1 and 7 of the indictment. In her plea agreement, Pyle admitted that while working as the comptroller for the company that was the victim of her criminal conduct, she obtained a credit card in her name that was linked to a credit card account in the name of one of the co-owners of the company. Pyle changed the address on the account to reflect her home address so that her employer would not see the statements of expenditures made on the credit card. Using her position as comptroller, Pyle arranged for the company to pay off the credit card balances on a frequent basis. Pyle admitted making thousands of personal charges and purchases on the credit card that she was not authorized to make. She also admitted using the name and credit card account of her employer without authorization to facilitate her criminal conduct.
The case was investigated by the Albuquerque office of HSI and was prosecuted by Assistant U.S. Attorney Jeremy Peña.
Former Arrow Trucking Executive Sentenced in Multi-Million Dollar Fraud SchemeRead the Press Release
A Dallas resident and former chief executive officer and president of Arrow Trucking Company was sentenced today to serve seven and one-half years in prison for conspiracy to defraud the United States, bank fraud and tax evasion, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U. S. Attorney Danny C. Williams Sr. of the Northern District of Oklahoma.
“Corporate officers who willfully fail to report and pay over employment taxes and use that money for their own benefit are violating their obligations to their employees and the United States, stealing from the U.S. Treasury, and giving their companies an unfair advantage over competitors that comply with the law,” said Acting Assistant Attorney General Ciraolo. “Today’s sentence is a warning to those individuals who refuse to carry out their fiduciary duties that the United States will investigate them, prosecute them, and seek lengthy prison sentences for their crimes.”
“Today’s sentencing reflects the Northern District’s strong commitment to ensuring that justice is served,” said U.S. Attorney Williams. “Along with our law enforcement partners we will aggressively pursue financial crimes. Mr. Pielsticker conspired to defraud millions of dollars in part for his personal benefit including a wedding and Bentley and Maserati automobiles.”
James Douglas Pielsticker, 47, formerly of Tulsa, Oklahoma, pleaded guilty earlier this year to a two‑count superseding information charging him with one count of a dual-object conspiracy to defraud the United States and to commit bank fraud and one count of willfully attempting to evade his individual income taxes for the year 2009. Chief U.S. District Court Judge Gregory K. Frizzell of the Northern District of Oklahoma also sentenced Pielsticker to serve three years of supervised release following his 90 month prison term and ordered him to pay $21,026,682.03 in restitution to the Internal Revenue Service (IRS) and the Transportation Alliance Bank (TAB).
According to the plea agreement and other court records, in 2009, Pielsticker and others conspired to defraud the United States by failing to account for and pay federal withholding taxes on behalf of Arrow Trucking Company and by making payments to Pielsticker outside the payroll system. Pielsticker and others withheld Arrow Trucking Company employees’ federal income tax withholdings, Medicare and social security taxes, but did not report or pay over these taxes to the IRS, despite knowing they had a duty to do so.
The conspirators paid for Pielsticker’s personal expenses with money from Arrow Trucking Company and submitted fraudulent invoices to TAB to induce the bank to pay funds to Arrow Trucking Company that were not warranted. In total, the conspiracy caused a loss to the United States totaling more than $9.562 million.
Pielsticker also tried to evade his and his wife’s 2009 income taxes by causing Arrow Trucking Company to pay personal expenses on his behalf, causing his employer to underreport his wages and other compensation on his W-2 form, and by preparing a fraudulent draft joint 2009 U.S. Individual Income Tax Return.
“Today’s sentencing sends a strong message to corporate executives, officers, and business owners, that employment tax violations are a serious matter and will be vigorously pursued,” said Chief Richard Weber of IRS Criminal Investigation (CI). “Mr. Pielsticker and his co-conspirators had a duty to pay more than $9 million in taxes withheld from Arrow Trucking employees yet they intentionally failed to do so. IRS CI will aggressively pursue employment tax cases as these crimes not only hurt the government and local economy, they also hurt the employees and can have adverse effects on future social security or Medicare benefits.”
“Mr. Pielsticker abdicated his responsibility as the CEO of Arrow Trucking, and concocted a fraudulent scheme to mask his illegal activities,” said Special Agent in Charge Scott Cruse of the FBI. “In doing so Pielsticker chose his own personal extravagances over the needs of his employees, which ultimately led to Arrow Trucking closing its doors during the Christmas holidays, a time when all of us count on our paychecks the most. Today’s sentencing and monetary judgment is a reminder the FBI will pursue all criminals to the fullest extent of the law.”
Acting Assistant Attorney General Ciraolo and U.S. Attorney Williams commended the special agents of the IRS-CI and FBI, who investigated this case, and Assistant U.S. Attorneys Jeffrey A. Gallant and Catherine Depew of the Northern District of Oklahoma and Special Assistant U.S. Attorney and Trial Attorney of the Tax Division Charles A. O’Reilly, who prosecuted the case on behalf of the United States.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Arrow Trucking Executive Sentenced in Multi-Million Dollar Fraud SchemeRead the Press Release
TULSA, Okla.– A Dallas resident and former chief executive officer and president of Arrow Trucking Company was sentenced today to serve seven and one-half years in prison for conspiracy to defraud the United States, bank fraud and tax evasion, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division; U. S. Attorney Danny C. Williams Sr. of the Northern District of Oklahoma; Chief Richard Weber of the Internal Revenue Service-Criminal Investigation (IRS-CI) Dallas Division Office; and Special Agent in Charge Scott L. Cruse of the FBI’s Oklahoma City Division Office.
“Corporate officers who willfully fail to report and pay over employment taxes and use that money for their own benefit are violating their obligations to their employees and the United States, stealing from the U.S. Treasury, and giving their companies an unfair advantage over competitors that comply with the law,” said Acting Assistant Attorney General Ciraolo. “Today’s sentence is a warning to those individuals who refuse to carry out their fiduciary duties that the United States will investigate them, prosecute them, and seek lengthy prison sentences for their crimes.”
“Today’s sentencing reflects the Northern District’s strong commitment to ensuring that justice is served,” said U.S. Attorney Williams. “Along with our law enforcement partners we will aggressively pursue financial crimes. Mr. Pielsticker conspired to defraud millions of dollars in part for his personal benefit including a wedding and Bentley and Maserati automobiles.”
James Douglas Pielsticker, 47, formerly of Tulsa, Oklahoma, pleaded guilty earlier this year to a two‑count superseding information charging him with one count of a dual-object conspiracy to defraud the United States and to commit bank fraud and one count of willfully attempting to evade his individual income taxes for the year 2009. Chief U.S. District Court Judge Gregory K. Frizzell of the Northern District of Oklahoma also sentenced Pielsticker to serve three years of supervised release following his 90 month prison term and ordered him to pay $21,026,682.03 in restitution to the IRS and the Transportation Alliance Bank (TAB).
According to the plea agreement and other court records, in 2009, Pielsticker and others conspired to defraud the United States by failing to account for and pay federal withholding taxes on behalf of Arrow Trucking Company and by making payments to Pielsticker outside the payroll system. Pielsticker and others withheld Arrow Trucking Company employees’ federal income tax withholdings, Medicare and social security taxes, but did not report or pay over these taxes to the IRS, despite knowing they had a duty to do so.
The conspirators paid for Pielsticker’s personal expenses with money from Arrow Trucking Company and submitted fraudulent invoices to TAB to induce the bank to pay funds to Arrow Trucking Company that were not warranted. In total, the conspiracy caused a loss to the United States totaling more than $9.562 million.
Pielsticker also tried to evade his and his wife’s 2009 income taxes by causing Arrow Trucking Company to pay personal expenses on his behalf, causing his employer to underreport his wages and other compensation on his W-2 form, and by preparing a fraudulent draft joint 2009 U.S. Individual Income Tax Return.
“Today’s sentencing sends a strong message to corporate executives, officers, and business owners, that employment tax violations are a serious matter and will be vigorously pursued,” said IRS-CI Chief Weber. “Mr. Pielsticker and his co-conspirators had a duty to pay more than $9 million in taxes withheld from Arrow Trucking employees yet they intentionally failed to do so. IRS-CI will aggressively pursue employment tax cases as these crimes not only hurt the government and local economy, they also hurt the employees and can have adverse effects on future social security or Medicare benefits.”
“Mr. Pielsticker abdicated his responsibility as the CEO of Arrow Trucking, and concocted a fraudulent scheme to mask his illegal activities,” said FBI SAC Cruse. “In doing so Pielsticker chose his own personal extravagances over the needs of his employees, which ultimately led to Arrow Trucking closing its doors during the Christmas holidays, a time when all of us count on our paychecks the most. Today’s sentencing and monetary judgment is a reminder the FBI will pursue all criminals to the fullest extent of the law.”
Acting Assistant Attorney General Ciraolo and U.S. Attorney Williams commended the special agents of the IRS-CI and FBI, who investigated this case, and Assistant U.S. Attorneys Jeffrey A. Gallant and Catherine Depew of the Northern District of Oklahoma and Special Assistant U.S. Attorney and Trial Attorney of the Tax Division Charles A. O’Reilly, who prosecuted the case on behalf of the United States.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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Florida CPA Indicted for Tax FraudRead the Press Release
BOSTON – A Florida man was charged in U.S. District Court in Boston and arrested today in Miami in connection with failing to report more than $800,000 in income to the Internal Revenue Service (IRS).
Greg Takesian, 52, of Miami, Fla., was indicted on Oct. 7, 2015, on four counts of filing false tax returns and arrested today in Miami. Takesian was ordered to report to Boston to face these charges during an initial appearance in U.S. District Court in Miami this afternoon.
According to the indictment, from 2008 to 2011, Takesian failed to report more than $800,000 of income and owes more than $200,000 in income taxes to the IRS. Takesian, a certified public accountant (CPA), worked for Takesian & Company, a tax consulting firm owned by his father. Although Takesian ran the day-to-day business of Takesian & Company, he did not have an ownership stake. Between 2008 and 2011, Takesian & Company received more than $1 million for tax and consulting services from At Home VNA, a home health company located in Waltham.
In accordance with his duties, Takesian had check-writing authority, and took out several Takesian & Company credit cards in his name. During that time period, however, Takesian used several hundred thousand dollars of Takesian & Company funds for his personal use, without reporting this income on his tax disclosures. Furthermore, Takesian gave his wife more than $500,000 and another woman $200,000 of Takesian & Company funds through checks and cash deposits. Takesian allowed his wife and others to use Takesian & Company credit cards to make more than $50,000 of purchases for non-business expenses, such as cruises, jewelry, intimate women’s apparel, makeup, iTunes, and Home Shopping Network purchases. Takesian used Takesian & Company funds to pay the rent on his personal residence, but did not report any of this income on his tax returns.
Takesian also allegedly failed to file tax returns for Takesian & Company between 2008 and 2011. While his father reported some Takesian & Company earnings on his personal tax returns, the figures he reported were based on information provided by Takesian, which represented a fraction of Takesian & Company’s actual income.
The charging statute provides a sentence of no greater than three years in prison, one year of supervised release, and a fine of $100,000 on each count. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney David S. Schumacher of Ortiz’s Health Care Fraud Unit.
The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Garrett County Attorney in Bank Fraud SchemeRead the Press Release
Baltimore, Maryland – A federal jury convicted Angela M. Blythe, age 51, of Oakland, Maryland, today of conspiring to commit bank fraud, bank fraud and two counts of making a false statement to a bank.
The conviction was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Kevin Perkins of the Federal Bureau of Investigation.
Blythe was an attorney licensed to practice in Maryland and West Virginia, with an office in Oakland, Maryland. She was a settlement attorney in real estate transactions.
According to evidence presented at the nine day trial, from 2000 to 2006, Blythe prepared deeds, mortgages and notes using false identities provided by her co-conspirator. Blythe recorded those fraudulent documents in Garrett County, Maryland and Preston County, West Virginia, which concealed her co-conspirator’s ownership of the properties. On at least seven occasions, Blythe also conducted property settlements in which her co-conspirator participated as buyer, seller and/or borrower using the false identities, which Blythe concealed from the lenders. Blythe failed to conduct the settlement transactions as described on the settlement statements and paid over the seller’s proceeds as her co-conspirator directed.
For example, in April 2004, Blythe transferred ownership of a restaurant/bed and breakfast which bordered on Deep Creek Lake for $0 consideration from her co-conspirator to a fictitious church trustee and church. Louis Strosnider subsequently applied for a mortgage loan of $2,250,000 to purchase the property. Blythe prepared a fraudulent settlement statement which stated that the bank was lending $1,725,000; the remainder of the purchase price was made up of a fictitious $750,000 down payment and $341,379.94 which Blythe was to collect from Strosnider at the settlement. According to the fraudulent settlement statement, Blythe was to pay a purported mortgage company $1,972,427.82 from the proceeds. At the closing in October 2004, Blythe failed to collect Strosnider’s funds as described in the settlement statement. In addition, she distributed the proceeds of the sale not to the fictitious trustee and church, but to her co-conspirator.
The government seeks the forfeiture of $1,725,000, the proceeds of the scheme to defraud the lenders.
Blythe faces a maximum sentence of 30 years in prison for conspiracy and bank fraud; and 30 years in prison for each of two counts of making a false statement to a bank. U.S. District Judge William D. Quarles has scheduled sentencing for December 14, 2015.
In a related case, Louis W. Strosnider, III, age 49, of Oakland, and Samuel R. VanSickle, a/k/a “Donald Blunt,” “Jacob Aiken,” “Allen Helms,” “Paul Walsh,” and “William Hall, Attorney,” age 51, of Accident, Maryland, were previously indicted on conspiracy and bank fraud charges. Strosnider previously pleaded guilty to his participation in the conspiracy and is awaiting sentencing. VanSickle has pleaded not guilty. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Rod J. Rosenstein praised the FBI for its work in the investigation and thanked Assistant United States Attorneys Joyce K. McDonald and Philip A. Selden, who are prosecuting the case.
Edmond Man Pretending to be Employee of CIA and the Department of Homeland Security Arrested at Edmond High SchoolRead the Press Release
Oklahoma City, Oklahoma – Today, a federal complaint was filed charging RICHARD TODD CARSINS, 46, of Edmond, Oklahoma, with pretending to be an employee of the Central Intelligence Agency (CIA) and the Department of Homeland Security (DHS), in seeking to gain access to the property of Edmond North High School, announced Sanford C. Coats, United States Attorney for the Western District of Oklahoma.
Earlier this morning, Carsins arrived on the campus of Edmond North High School and represented himself to school administrative personnel that he was an employee of the Central Intelligence Agency and the Department of Homeland Security and was tasked with patrolling the campus. After questioning, school personnel became suspicious about his claim, and contacted law enforcement. The Edmond Police Department and members of the Oklahoma City FBI Joint Terrorism Task Force (JTTF) responded. Following an investigation, Carsins was arrested for impersonating a federal officer.
Carsins appeared this afternoon in federal court and was ordered to remain in custody until his preliminary and detention hearing, which is set for 10:00a.m. on Wednesday, October 14, 2015.
If convicted, Carsins faces up to three years in prison. Reference is made to the court record for further information. The public is reminded this is simply a charge and the defendant is presumed innocent unless and until he is proven guilty beyond a reasonable doubt.
This case was investigated by the FBI Joint Terrorism Task Force and the Edmond Police Department. The case is being prosecuted by Assistant U.S. Attorney Nicholas J. Patterson.
Douglas Residents Indicted on Federal Drug Trafficking ChargesRead the Press Release
WAYCROSS, GA - Don Edward Adams, Jr. aka L’il Don, 30, and Ashleigh Brooke Johnson, 28, both from Douglas, Georgia, were indicted by a federal grand jury and charged with conspiring to traffic oxycodone, a Schedule II controlled substance. Both defendants appeared for their arraignments on Tuesday before United States Magistrate Judge R. Stan Baker in the federal courthouse in Waycross, Georgia. On Wednesday, Judge Baker ordered the pair detained pending a trial or other disposition.
If convicted, the defendants face up to 20 years in prison, 3 years of supervised release and a $1 million fine. United States Attorney Ed Tarver emphasized that the indictment is only an accusation and is not evidence of guilt. The defendants are entitled to a fair trial, during which it will be the Government’s burden to prove guilt beyond a reasonable doubt.
The charges resulted from a joint investigation conducted by the DEA, GBI, the Coffee County Sheriff’s Office and the Douglas-Coffee Drug Unit. Assistant United States Attorney Charlie Bourne is prosecuting the case. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
District Man Sentenced to 3 1/2 Years in Prison for Sexually Abusing and Assaulting Former GirlfriendRead the Press Release
WASHINGTON – Nicholas Hagan White, 26, of Washington, D.C., was sentenced today to a prison term of 3 ½ years for sexually assaulting his former girlfriend earlier this year in Northwest Washington, Acting U.S. Attorney Vincent H. Cohen, Jr. announced.
White pled guilty in July 2015, in the Superior Court of the District of Columbia, to one count of third-degree sexual abuse, one count of contempt, and one count of assault. He was sentenced by the Honorable Lynn Leibovitz. Following his prison term, White will be placed on five years of supervised release. He also must register as a sex offender for 10 years.
According to the government’s evidence, White and the victim began dating while in college and moved in together following the victim’s graduation. During the course of their relationship, White physically assaulted the victim on several occasions, with the nature of the domestic violence escalating over time. The victim eventually ended their relationship on March 11, 2015, and began making efforts to move out of the apartment in Northwest Washington. An argument took place two days later on March 13, 2015, that culminated in White physically and sexually assaulting the victim inside the apartment.
On that day, White and the victim were involved in an argument over the use of the victim’s car. During the argument, White kicked the victim twice on her leg, smashed her work laptop across his knees, and took her cell phone and placed it on top of a kitchen cupboard in an attempt to prevent the victim from accessing it. While White was in another room, the victim took the phone and reported the assault to a friend.
White then discovered that the victim had used her phone, at which point he pushed her onto a bed and began striking her in the head and pressing his leg into her knee with such force that the victim’s kneecap slid to the side of her leg. Seeing this, White then grabbed the victim’s kneecap and attempted to place it back into its original position. As the victim lay in the bed, White removed her clothing and raped her. The victim attempted to push him away during the sexual assault but was unsuccessful. She ultimately left the apartment to call the police for help.
During the pendency of this case, White was ordered not to contact the victim in any manner, including through a third party. Despite this judicial order, he directed his father to provide the victim with a “sob story” in the hopes that she would no longer cooperate with the authorities. The defendant’s father sent the victim a text message later that same day, stating that White was, among other things, “frightened,” “alone,” “sad,” and “sorry.” The text message did not dissuade the victim from cooperating in the investigation, and her involvement helped secure the defendant’s guilty plea in this case.
In announcing the sentence, Acting U.S. Attorney Cohen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Second District and Sexual Assault Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Troy Griffith and Erica Vample; Victim/Witness Advocates Meshall Thomas and Maria Shumar; Criminal Investigator John Marsh, and Legal Intern Emma McArthur. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Danny Nguyen and Natasha Smalky, who investigated and prosecuted the matter.
Crestview Man Sentenced for Producing Child PornographyRead the Press Release
PENSACOLA, FLORIDA –Paul R. Bloom, 32, of Crestview, was sentenced to 30 years in prison today for production and receipt of child pornography. Following his incarceration, he will serve life on supervised release, and he must also register as a sex offender. The sentence was announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
During his guilty plea on June 23, 2015, Bloom admitted to using a publicly available peer-to-peer file sharing network to receive child pornography. During February and March 2015, undercover law enforcement agents downloaded sexually explicit video files that were traced to Bloom’s residence. Agents executed a federal search warrant at Bloom’s residence and seized multiple pieces of digital media, including laptops and external hard drives. An on-scene forensic review of the digital media revealed large amounts of child pornography. While interviewing Bloom and reviewing the seized evidence, law enforcement agents determined that Bloom produced child pornography in his own home. The child pornography produced by Bloom involved a nine-year-old female. A final forensic review of Bloom’s digital media revealed more than 850 videos and 2,000 images of child pornography that he had received and/or shared over the last few years.
The case was investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations, Pensacola Police Department, Florida Department of Law Enforcement, and the other agencies that are part of the North Florida Internet Crimes Against Children Task Force, whose joint investigation led to the charges in this case. It was prosecuted by Assistant United States Attorney David L. Goldberg.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Court of Appeals Upholds Conviction of Courtnee Brantley for Misprision Crime Committed Following Police MurdersRead the Press Release
Tampa, FL - United States Attorney A. Lee Bentley, III announces that the United States Court of Appeals for the Eleventh Circuit today affirmed the conviction of Courtnee Brantley of Tampa for misprision of a felony, a crime she committed in the immediate aftermath of her boyfriend Dontae Morris’s murder of Tampa police officers David Curtis and Jeffrey Kocab.
In January 2013, a federal jury in Tampa found Brantley guilty of misprision of a federal felony: Morris’s possession of a firearm by a convicted felon. (A person commits misprision when she knows that someone committed a felony, she fails to notify the authorities about it, and she takes affirmative steps to conceal the felony.) The jury found that Brantley had known that Morris was a convicted felon and that he had possessed the gun that night, that she had not reported the crime to authorities, and that she had taken affirmative steps to conceal Morris’s possession of the firearm from authorities. The evidence at trial showed that Brantley had left the scene immediately after the shootings, had almost immediately begun texting with Morris and pledging her loyalty to him, and had parked her car—backed up against some bushes to conceal the car’s missing license plate—several hundred feet from where she was staying. The district court sentenced her to a year and a day of imprisonment, but allowed her to remain free on bond until the appeal was decided.
On appeal, Brantley argued that she was the victim of selective prosecution, that her prosecution violated her Fifth Amendment rights, and that the evidence was insufficient to support the jury’s guilty verdict. The Court of Appeals rejected all of those arguments. The Court ruled that Brantley had not shown that the decision to prosecute her was based on race or any other arbitrary reason, and the Court further recognized that her prosecution legitimately “publicized the fact that those who conceal evidence about the capital murder of a police officer will be prosecuted and that fact, without question, could have a deterrent effect on others.” The Court also rejected her Fifth Amendment challenge, explaining that “she was not prosecuted for her silence. Rather, she was prosecuted because she knowingly participated in affirmative acts of concealment of Morris’s crime—i.e., (1) hiding herself and the car and (2) calling and texting Morris in an effort to conceal his crime.” Finally, the Court held that the evidence—including Brantley’s text messages and cellphone calls with Morris immediately following the shootings and her decision to conceal the car and herself— provided “sufficient evidence of [her] affirmative acts of concealment to support the jury’s guilty verdict.”
This case was prosecuted in the district court by Assistant United States Attorney Jim Preston. The appeal was handled by Assistant United States Attorney David Rhodes, Chief of the Appellate Division, and Assistant United States Attorney Yvette Rhodes.
Link to 11th Circuit Opinion
Convicted Felon Sentenced to Serve 270 Months in Federal Prison on Drug and Firearms ConvictionsRead the Press Release
FORT WORTH, Texas — A convicted felon who was convicted at trial this summer on drug and firearms offenses was sentenced today by U.S. District Judge John McBryde to serve a total of 270 months in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Martin Jacob Steinberg, 43, was convicted at trial on one count of possession with intent to distribute methamphetamine, one count of possession of a firearm in furtherance of a drug trafficking crime, and one count of being a felon in possession of a firearm.
The government presented evidence at trial that an officer with the Willow Park Police Department found Steinberg behind an office building in Willow Park, Texas, in late January 2015. He was wearing one pistol and carrying another one in his hand. One of his pockets was stuffed with cash and another was stuffed with methamphetamine. Steinberg was also carrying a cooler that contained several pounds of marijuana, three scales, hundreds of dealer baggies, 80 syringes, glass pipes, more than 85 grams of methamphetamine, his mail and his birth certificate. After a brief struggle, Steinberg was handcuffed and taken into custody.
Among Steinberg’s previous convictions is a 2001 drug conviction in U.S. District Court in New Mexico for which he received a 151-month sentence.
The Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, the Willow Park Police Department and the Hudson Oaks Police Department investigated the case. Assistant U.S. Attorney Chris Wolfe and Special Assistant U.S. Attorney Dan Cole prosecuted.
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Cisco Man Sentenced to Two Years in Federal Prison for Possessing Child PornRead the Press Release
LUBBOCK, Texas — A 43-year-old Cisco, Texas, man, Robert Jarold Eckhart, was sentenced this morning by U.S. District Judge Sam R. Cummings two years in federal prison, following his guilty plea in June 2015 to one count of possession of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
Eckhart was ordered to report to the designated prison facility on November 13, 2015.
According to documents filed in the case, Eckhart used his Apple iPod 4 to communicate with other persons over the internet and communicate with several persons about adult pornography and child pornography. Eckhart advised that his interests included younger males, and as a result, he received numerous images of minor males engaged in sexually explicit conduct. Between May 2011 and May 2012 Eckhart knowingly possessed his iPod knowing that it contained numerous images of child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated the case and Assistant U.S. Attorney Steven M. Sucsy prosecuted.
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Cherry Creek Man Sentenced for Abusive Sexual Contact with a Person Incapable of ConsentingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact with a Person Incapable of Consenting was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.
Andre Marshall, age 30, was sentenced to 36 months in custody, followed by 5 years of supervised release, $368.20 in restitution to the victim, and a $100 special assessment to the Federal Crime Victims Fund.
Marshall was indicted by a federal grand jury on February 11, 2015. He pled guilty on June 29, 2015.
The conviction stemmed from an incident on September 29, 2014, when Marshall was at a drinking party in Cherry Creek, and hanging out with the victim. The victim drank to the point of intoxication and went to sleep in the house. Marshall entered the room she was in, approached the sleeping victim, and began to touch her inappropriately. Marshall knew the victim was incapable of participating in, or communicating her unwillingness to engage in, sexual contact at that time.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Cedar Rapids Man Pleads Guilty to Distributing Heroin that Caused OverdoseRead the Press Release
A man who injected a woman with heroin that caused her to overdose pled guilty on October 7, 2015, in federal court in Cedar Rapids.
Richard Roberts, age 37, from Cedar Rapids, Iowa, was convicted of distribution of heroin.
In a plea agreement, Roberts admitted that, in August 2015, he injected a woman with heroin, after which the woman lost consciousness. Roberts called 911 to obtain medical assistance for the woman. When paramedics arrived, she was unconscious with labored breathing and a weak pulse. Emergency responders had to revive the woman with Narcan, an opiate antidote. Roberts admitted that, without the medical intervention by emergency responders, the woman had a substantial risk of anoxic brain injury and death.
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Roberts remains in custody of the United States Marshal pending sentencing. Roberts faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, $100 in special assessments, and a lifetime of supervised release following any imprisonment.
The case was investigated by the Cedar Rapids Police Department and 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 case is being prosecuted by Assistant United States Attorney Dan Chatham
Court file information available https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-79-LRR.
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Camden Man Sentenced to Four Years for Mail and Tax FraudRead the Press Release
Contact: Donald E. Clark
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Russell W. Brace, a/k/a “Rusty,” 82, of Camden, Maine, was sentenced today in U.S. District Court by Judge George Z. Singal to four years in prison and two years of supervised release for mail and tax fraud. He was also ordered to pay full restitution. He pled guilty on May 29, 2015.
According to court records, between about July 1999 and September 25, 2014, Brace, the president and director of United Mid-Coast Charities, Inc. (“UMCC”), fraudulently obtained $4,646,636.45 by claiming that monies donated to UMCC, would be used for UMCC’s charitable purposes and not diverted for the defendant’s personal expenses or benefit. In fact, Brace diverted the funds into his own accounts and used them for his benefit and to pay personal expenses. To execute the scheme, he used the U.S. Postal Service to mail donation request letters, UMCC brochures, self-mailer remittance envelopes and thank-you letters. The investigation also revealed that he failed to report the money he obtained as income on annual federal tax returns thus failing to pay almost $390,000 in taxes and that he also filed false non-profit income tax returns for UMCC in which he failed to disclose the funds he illegally obtained.
The investigation was conducted by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation Division.
California Man Charged in Mass Mailing Scam Aimed at Holders of U.S. TrademarksRead the Press Release
A California man was indicted today for his role in a mass mailing scam targeting holders of U.S. trademarks.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Eileen M. Decker of the Central District of California, Inspector in Charge Robert Wemyss of the United States Postal Inspection Service (USPIS) Los Angeles Division, Inspector in Charge David G. Bowers of the USPIS Washington Division and Special Agent in Charge Erick Martinez of the Internal Revenue Service Criminal Investigation (IRS-CI) Los Angeles Field Office made the announcement.
Artashes Darbinyan, 35, of Glendale, California, was charged in the Central District of California with 12 counts of mail fraud and four counts of aggravated identity theft. His arraignment is scheduled for Oct. 19, 2015.
According to the indictment, from September 2013 through September 2015, Darbinyan operated and controlled the Trademark Compliance Center (TCC) (aka Trademark Compliance Office (TCO)), which purported to offer trademark registration and monitoring services. The indictment alleges that, through TCC and TCO, Darbinyan sent mass solicitations to holders of trademarks recently registered with the U.S. Patent and Trademark Office offering, for a fee, to register the holders’ trademarks with U.S. Customs and Border Protection, which uses an Intellectual Property Rights (IPR) recordation database to screen and block imports of infringing products, and to send users of its service regular reports of potentially confusing or infringing marks. According to the indictment, Darbinyan did not intend to, and did not, provide the promised services.
The indictment alleges that, to perpetuate the scheme and to avoid detection Darbinyan used the names of other persons to open accounts for TCC and TCO at “virtual office centers” (i.e., businesses that offered call answering and mail forwarding services) in the Washington, D.C., and Los Angeles areas, and directed employees of the Washington, D.C.-area virtual office centers to forward to the virtual office centers in the Los Angeles area mail addressed to TCC and TCO. According to the allegations in the indictment, these forwarded envelopes contained payments from trademark holders for the aforementioned trademark registration and monitoring services, which Darbinyan retrieved and deposited into bank accounts that he controlled.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
The case was investigated by the USPIS and IRS-CI. The case is being prosecuted by Trial Attorney William E. Johnston of the Criminal Division’s Fraud Section.
Darbinyan Indictment
Brighton Man Pleads Guilty to Firearm OffenseRead the Press Release
The United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today that on October 8, 2015, Ryan Richard Duckett, 30, of Brighton, Illinois, pled guilty to the charge of Unlawful Possession of a Firearm by an Unlawful User of a Controlled Substance. The charge carries maximum penalties of ten years in prison, a $250,000 fine, and three years of supervised release. Sentencing is set for January 12, 2016, at the United States District Court in Benton.
Court records indicate that Duckett admitted that on February 6, 2013, in Brighton, Jersey County, he possessed a GP WASR-10/63, 7.62 x 39 mm. caliber semi-automatic rifle during a time he was an unlawful user of controlled substances, namely cocaine and marijuana.
The case was investigated by the Federal Bureau of Investigation and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney William E. Coonan.
Big Spring Man Sentenced to Five Years in Federal Prison on Child Pornography ConvictionRead the Press Release
LUBBOCK, Texas — Gilberto Ray Hinojos, 23, of Big Spring, Texas, was sentenced this morning by U.S. District Judge Sam R. Cummings to five years in federal prison following his guilty plea in June 2015 to one count of attempted receipt of a visual depiction of a minor engaging in sexually explicit conduct, announced U.S. Attorney John Parker of the Northern District of Texas. Hinojos has been in custody since August, when his pretrial bond was revoked.
According to documents filed in the case, on May 14, 2015, Hinojos responded to an online classified ad posted by the Texas Department of Public Safety identifying themselves as a 13-year-old female. Hinojos attempted to receive sexually explicit images of this person and made further arrangements to meet her at a restaurant on 19th Street in Lubbock. Hinojos arrived at the location and was arrested.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Texas Department of Public Safety and the FBI investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted the case.
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Bessemer Man Detained at Home for 15 Months, Must Repay $110,295 to Shipping Company for Kickback SchemeRead the Press Release
BIRMINGHAM -- A federal judge last week sentenced a Bessemer man to 15 months of electronically monitored home detention as part of four years' probation for a kickback scheme he ran while working as a freight broker for a Shelby County company, announced U.S. Attorney Joyce White Vance and FBI Special Agent in Charge Roger C. Stanton.
U.S. District Judge Madeline H. Haikala sentenced WILLIAM G. McCULLEY, 31, on one count of wire fraud and ordered him to pay $60,295 in restitution to his former employer, Interstar Transportation Services, plus $50,000 to Auto-Owners Insurance Company, which had paid a related claim from ITS. Judge Haikala also ordered McCulley to forfeit $96,809 to the government as proceeds of illegal activity, and to perform five hours a week of community service during his probation. McCulley pleaded guilty to the wire fraud in June.
ITS is an independent brokerage agency for a Jacksonville, Fla.-based company, Landstar, which operates a fleet of trucks and transportation equipment throughout the United States. McCulley worked as a freight broker for Interstar and was responsible for contracting with various trucking companies across the country.
Between April 2013 and July 2014, McCulley devised a kickback scheme with the owner of an Illinois trucking company, ZDL Express, according to McCulley's guilty plea. To carry out the scheme, ZDL Express inflated its freight costs to Landstar, and McCulley approved the fraudulent charges. McCulley and ZDL's owner split the illegally gained profits after ZDL received payment from Landstar, according to court documents.
McCully committed wire fraud when he faxed Landstar Load Confirmation forms from the ITS corporate office in Shelby County to ZDL Express in Illinois and approved fraudulent charges on the forms, according to his plea.
The FBI investigated the case, which Assistant U.S. Attorney Pat Meadows prosecuted.
Angelina County Man Sentenced for Federal Drug Trafficking ViolationsRead the Press Release
LUFKIN, Texas – A 47-year-old Lufkin, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.
Phil Bernard Lewis pleaded guilty on Dec. 17, 2014, to conspiracy to distribute and to possess with intent to distribute cocaine and was sentenced to 300 months in federal prison on Oct. 9, 2015 by U.S. District Judge Michael H. Schneider.
According to information presented in court, from 2011 to October 2014, Lewis conspired with others to distribute more than five kilograms of cocaine from Mexico to customers in the United States, including Lufkin, Texas. Much of the cocaine was converted to crack cocaine. Lewis personally received shipments of cocaine from a supplier on a weekly basis and transported it to Lufkin. Once in Lufkin, Lewis stored the cocaine and crack cocaine at several locations in Lufkin including houses on Dale Street, Booker Street, and East Texas Road, until the drugs were distributed to dealers for trafficking in the area. Lewis was indicted by a federal grand jury on Oct. 1, 2014 and charged with drug trafficking violations.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation, Operation Fowl Play. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the U.S. Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Angelina County Sheriff’s Office, Angelina County Constable Tom Selman, Precinct 1, Nacogdoches County Sheriff’s Office, the Nacogdoches Police Department, and the Lufkin Police Department. This case was prosecuted by Assistant U.S. Attorney Baylor Wortham.
112 Law Enforcement Officers Honored for Their Work on Federal Violent Crime CasesRead the Press Release
Baltimore, Maryland – The Maryland U.S. Attorney’s Office today honored 112 police officers, prosecutors and federal agents for outstanding work that resulted in significant federal violent crime prosecutions. Recipients included police officers from Annapolis, Baltimore City, Baltimore County, Bowie, Howard County, Montgomery County, Prince George’s County, Takoma Park, and Washington, D.C.; prosecutors from Baltimore City, Prince George’s County and the Maryland Attorney General’s Office; and federal agents from ATF, DEA, FBI, HSI and the U.S. Marshals Service.
“This is a particularly good time to thank a police officer, as the exceptional work that most of them do every night and day is too often ignored,” said U.S. Attorney Rod J. Rosenstein. “Local, state and federal police and prosecutors are working together to combat violent crime in Maryland. The hard work of these law enforcement officers and prosecutors led to dozens of convictions of dangerous criminals.”
The honorees participated in the investigation and prosecution of more than 25 violent crime cases involving more than 70 defendants. In addition to investigators, several of the nominees were evidence technicians or computer specialists who collected and analyzed evidence that led to the convictions of these defendants. The defendants included armed robbers, gang members, and drug dealers. A majority of the defendants have previous felony convictions and many are career offenders and/or armed career criminals.
In addition to U.S. Attorney Rod Rosenstein and keynote speaker Interim Baltimore Police Commissioner Kevin Davis, agency representatives who participated in today’s awards ceremony included: Maryland Attorney General Brian E. Frosh; Baltimore City State’s Attorney Marilyn Mosby; ATF Special Agent in Charge William McMullan; FBI Special Agent in Charge Kevin Perkins; DEA Special Agent in Charge Karl C. Colder; ICE Homeland Security Investigations Special Agent in Charge Andre Watson; Deputy U.S. Marshal Pat Monardo; Baltimore County Police Major Evan Cohen; Prince George’s County Police Deputy Chief Hector Velez; Annapolis Police Chief Michael A. Pristoop; Bowie Police Chief John Nesky; and Captain Renato Caldwell, Washington Metropolitan Police Department.
United States Attorney Rod J. Rosenstein commended all the honorees for their work on these violent crime investigations. Mr. Rosenstein thanked the Assistant United States Attorneys who prosecuted the cases and nominated their agents for these awards.
Thursday 8 October 2015
“Secret Sinkhole” Sellers Guilty of Wire FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Spring Hill residents Glenn and Kathryn Jasen guilty of wire fraud. They each face a maximum penalty of 20 years in federal prison. The sentencing hearings are scheduled for January 11, 2016. They were indicted on July 15, 2015.
According to testimony and evidence presented at trial, in 2009, the Jasens discovered a sinkhole beneath their home in Hernando County and made a claim to Citizens Property Insurance. Citizens offered the Jasens either a check to compensate for their losses or mitigation of the sinkhole. Rather than having Citizens repair the developing sinkhole, the Jasens instead chose to receive a check for $153,745.37. But they kept the money and did not repair the sinkhole. The Jasens then made cosmetic repairs to the house and listed it for sale in 2013, but kept the sinkhole a secret from prospective buyers. In fact, on a required Florida real estate disclosure form, the Jasens denied any knowledge of a prior sinkhole or sinkhole claim. The home was ultimately sold to a family with five children. In March 2015, the family heard what sounded like a car crash in the earth beneath their house. They soon discovered a crack running across the floor of the house, and immediately had to evacuate.
This case was investigated by the Florida Department of Law Enforcement Tampa Bay Regional Operations Center. It is being prosecuted by Assistant United States Attorney Thomas N. Palermo.
Yuba City Woman Sentenced to 2 Years and 9 Months in Prison for Defrauding Payroll Services Company of More Than $500,000Read the Press Release
SACRAMENTO, Calif. — Denise Wasicki, 40, of Yuba City, was sentenced today by Chief U.S. District Judge Morrison C. England Jr. to two years and nine months in prison, to be followed by three years of supervised release, for two counts of mail fraud in a scheme to defraud a payroll staffing company out of more than $500,000, United States Attorney Benjamin B. Wagner announced.
According to court documents, Wasicki had been employed by a staffing and payroll services agency based in Hanover, Maryland to fill a temporary position at a hospital in Yuba City. When she was terminated by the hospital, Wasicki created a fictional company called Healthcare Quality Management Group (HQMG) with a fictional client that was purportedly a medical office in Yuba City. Posing as “Jackie Stemmons,” Wasicki engaged the staffing agency to provide staff for the medical office and gave them an alias she had used in the past, “Denise Erika Moutrey,” as the person who should be hired. Because Wasicki had been employed by the agency previously, posing as Moutrey, they were able to expedite her hiring and ultimately placed her in an office manager position.
Between July 28, 2009, and May 12, 2010, Wasicki sent time cards and requests for expense reimbursements to the agency for herself and for an assistant office manager at the fictional medical office. As part of the scheme, Wasicki sent the agency fraudulent checks to reimburse it for payroll services it provided, all of which were drawn on fictitious accounts and all of which bounced. As a result of her actions, the agency sustained a loss of approximately $400,000 and spent an additional $100,000 investigating the fraud.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney André M. Espinosa is prosecuting the case.
Wasicki is scheduled to self-surrender to begin serving her sentence on January 5, 2016.
York County Men Plead Guilty to Conspiracy and Firearms ChargesRead the Press Release
Contact: Benjamin M. Block
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Robert Pinkham, 20, of Buxton, Maine, pled guilty today in U.S. District Court to conspiracy to possess stolen firearms and possession of stolen firearms. On Monday, October 5, 2015, co-defendants Dale Pinkham Jr., 25, and Raymond Pinkham, 21, pled guilty to conspiracy to possess stolen firearms. In addition, Raymond pled guilty to possessing stolen firearms and Dale Jr. pled guilty to conspiracy to distribute heroin and illegally possessing firearms while a drug user.
According to court records, from around November 2012 until November 2014, Dale Jr. conspired to distribute heroin. On December 6, 2013, a search warrant executed at the Pinkhams’ residence in Buxton resulted in the seizure of about 20 grams of heroin and numerous firearms in Dale Jr.’s bedroom. Dale Jr. was then prohibited from possessing guns due to his illegal drug use. Agents also recovered a stolen firearm from a vehicle operated by Raymond that day. Between about August and November 2014, Dale Jr., Raymond and Robert also conspired to possess and possessed stolen firearms. On October 11, 2014, a search warrant executed at the Pinkhams’ Buxton residence resulted in the seizure of seven stolen firearms from Robert’s bedroom.
The defendants face up to five years in prison on the firearms conspiracy charge and up to 10 years on the firearms possession charges. They also face fines of up to $250,000 on each charge. Dale Jr. faces up to twenty years in prison and a $1,000,000 fine on the drug conspiracy charge. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Maine Drug Enforcement Agency; the Maine State Police; and the Office of the Maine Attorney General; with assistance from the Buxton Police Department and Cumberland and York County Sheriff’s Offices.
Woman Pleads Guilty to Committing Perjury Before the Grand JuryRead the Press Release
A woman who lied before the grand jury regarding another person’s possession of firearms pled guilty today in federal court in Cedar Rapids to the crime of perjury.
Danielle Ayers, age 41, from Atkins, Iowa, was convicted of one count of committing perjury before a federal grand jury. At the plea hearing, Ayers admitted she lied under oath in the grand jury. When asked if she had seen another particular person with a firearm in the past five years, she said no. Ayers admitted that was a lie and that she had, in fact, seen that person with a firearm in the last five years.
“Lying to a federal grand jury goes to the heart of the criminal justice system,” said United States Attorney Kevin W. Techau. “We will vigorously prosecute any person we find knowingly lies to the grand jury.”
Sentencing before United States District Court Chief Judge Linda R. Reade will be set after a presentence report is prepared. Ayers remains subject to home confinement and electronic monitoring pending sentencing. Ayers faces a possible maximum sentence of five years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Marion Police Department, the Iowa Division of Criminal Investigation, and the Linn County Sheriff’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-CR-043-LRR.
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