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Monday 31 August 2015
Former Owner of Muskegon Restaurant, Pablo Razo Fierro, Pleads Guilty to Social Security Disability FraudRead the Press Release
Defendant fled to Mexico to avoid prosecution
GRAND RAPIDS, MICHIGAN — Pablo Razo Fierro, 66, pled guilty today to Social Security Fraud. Fierro applied for and began receiving disability benefits in 1996, after claiming he had a back injury that prevented him from working. As part of the application process, he promised to notify the Social Security Administration if his health improved, or if he returned to work. In 2004, he opened "Pablo’s Tacos," a popular Mexican restaurant in Muskegon. Fierro concealed his gainful employment from Social Security, because he knew it would lead to the termination of his disability benefits.
In 2008, the Muskegon Chronicle published a newspaper story and an internet video about the success of Pablo’s Tacos, and interviewed Fierro on camera. Fierro told the reporter he had been working long hours, nearly seven days a week, since opening the restaurant. The Social Security Administration Office of the Inspector General opened an investigation, and discovered Fierro had been fraudulently receiving disability payments for years. Federal agents interviewed Fierro, who admitted concealing his income so he could continue receiving disability, and admitted spending the money on car payments and other personal expenses.
After plea negotiations broke down in 2012, Fierro disappeared. On June 30, 2015, the U.S. Marshal’s Service arrested Fierro in Twin Lake, MI. Fierro admitted he fled to Mexico to avoid prosecution, but returned to the United States after family members mistakenly advised him that there was no pending warrant for his arrest. Fierro now faces up to five years in prison. The amount of restitution he must pay back will be determined at his sentencing.
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Former Director of Marketing and Merchandising for PA-Liquor Control Board Charged in Honest Services Fraud SchemeRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that the former Director of Marketing and Merchandising for the Pennsylvania Liquor Control Board (PA-LCB) has been charged with a scheme to defraud the state, its citizens and the PA-LCB of their right to his honest services as a public official through bribes, kick-backs and concealing information.
According to United States Attorney Peter Smith, James H. Short, Jr., age 50, of Harrisburg, Pennsylvania, is charged with Honest Services Mail Fraud in a Criminal Information filed today in the United States District Court in Harrisburg. Short served as the Director of Marketing and Merchandising from approximately 2003 to 2012 and supervised the process through which alcoholic beverages are selected and acquired for sale in Pennsylvania’s state-run liquor stores. With over $1 billion in annual revenue, the PA-LCB is one of the largest purchasers of alcohol in the world.
The charge is based upon Short’s alleged 10 years (2002 to 2012) of receiving benefits from a distributor and a manufacturer of alcoholic beverages sold in Pennsylvania’s stores. These benefits included all-expense paid golf trips, cash, gift cards, meals, and other benefits.
As Director of Marketing and Merchandising for the PA-LCB, Short supervised the process of recommending to the PA-LCB which new products should be sold and which products should no longer be sold in Pennsylvania’s 500 state-run liquor stores. Short has been charged with accepting things of value from the companies with the intent to be influenced in decisions he made to recommend new products and remove others from Pennsylvania liquor stores while failing to disclose the receipt of the items in annual financial reports he was required to submit to the State Ethics Commission as a public official.
The Information describes two alleged examples of all-expense paid trips to Florida. In February 2010, Short is alleged to have been taken by private jet on an all-expense paid golf outing to Bonita Bay, Florida with the purpose of influencing his decision to list a particular product for sale. This trip, as well as a similar trip in December 2011, were part of an ongoing stream of benefits the vendor and manufacturer provided to Short to influence his decisions. The specific mailing in the charge is correspondence Short allegedly caused to be sent to company A in February 2012 notifying the company of a PA-LCB decision approving the listing of the company’s products.
No date has been scheduled yet for entry of Short’s guilty plea. Together with the Criminal Information, the government also filed a plea agreement with Short, which is subject to the approval of the court, and a joint statement of facts concerning the offense.
The case is part of a continuing investigation by the Harrisburg Office of the FBI and is being prosecuted by Assistant United States Attorney Michael A. Consiglio. The case initially was brought by the Pennsylvania Ethics Commission which found that Short violated the Pennsylvania Ethics act when he accepted certain things of value charged in the present federal case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for the offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Florida Man Returned to U.S. to Face Fraud ChargesRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Martin Slone (59, Oldsmar) with four counts of wire fraud. If convicted, he faces a maximum penalty of 20 years in federal prison on each count.
According to the indictment, Slone defrauded a Miami-area lender and the Export-Import Bank of the United States (Ex-Im Bank). The sealed indictment was returned by a grand jury on July 11, 2013, and an arrest warrant was issued. At the time, Slone was residing in Brazil. On June 28, 2015, he was arrested at Abu Dhabi International Airport by authorities in the United Arab Emirates (UAE), based on an INTERPOL Red Notice. On August 13, 2015, special agents of the Ex-Im Bank – Officer of Inspector General (OIG) took custody of Slone and returned him to the United States to face charges.
According to the indictment, Slone owned and operated an aircraft brokerage and export business in Florida called Woolie Enterprises Inc. In September 2007, he sought and received an insurance policy from Ex-Im Bank to insure aircraft sales from Woolie to purported buyers in Brazil. Slone allegedly submitted false information regarding Woolie’s export activity to the lending bank and Ex-Im Bank. The indictment also alleges that Slone created fake invoices and documents falsely claiming that foreign buyers had purchased aircraft and parts from Woolie, and then falsely reported that those foreign buyers had defaulted on payments, causing Ex-Im Bank to pay Woolie approximately $197,690.
An indictment is merely a formal charge that a defendant has violated one or more federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
“This case is a good example of the OIG working with our embassy officials and foreign counterparts to pursue fraud across borders,” said Deputy Inspector General Michael McCarthy. “The Export-Import Bank will diligently pursue fraud cases against subjects who are located abroad.”
The case was investigated by the Ex-Im Bank – OIG, with assistance from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, INTERPOL, and law enforcement agencies of the UAE. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
Fairfax Man Guilty of Prostituting a MinorRead the Press Release
ALEXANDRIA, Va. – Alexis Rahkeem Carter, aka Bishop, of Fairfax, pleaded guilty today to sex trafficking of a child.
In a statement of facts filed with the plea agreement, Carter was a member of a group known as “Scheme Team.” Scheme Team prostituted at least two teenage girls and one adult woman and operated in northern Virginia, Maryland, Pennsylvania, and West Virginia. Initially the gang robbed individuals and businesses, and eventually moved to selling narcotics and firearms, and sex trafficking.
To groom the minor victims for commercial sexual activity, Carter performed sex acts on the minor victims. Carter obtained sex customers for the women and girls he prostituted by posting advertisements on the Internet. Carter also set the prices that the women and girls he prostituted were supposed to charge sex customers for commercial sex acts, ranging from $80 for a “short stay,” to $500 for sex acts that involved a customer having sex with two girls. Carter instructed the victims to submit to any sex act that customers wanted to perform on them. Victims were required to earn $1,000 per day, and Carter took nearly all of this money, even searching the victims to ensure that they were not withholding money from him. Carter told the victims that he had guns, and would threaten violence and sometimes used physical violence on the victims.
In addition to threats and violence, to keep the victims compliant Carter frequently provided them with alcohol and controlled substances, including prescription painkillers, molly, spice, and marijuana.
Carter faces a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison when sentenced on Nov. 13, 2015. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, made the announcement after the plea was accepted by U.S. District Judge Claude M. Hilton.
Carter was apprehended by officers from the Special Problems Unit of the Stafford County Sheriff’s Office after they discovered him prostituting a minor victim in Stafford County.
This case was investigated by ICE/HSI and the Stafford County Sheriff’s Office, with assistance from the Stafford County Commonwealth’s Attorney’s Office. Assistant U.S. Attorney Michael J. Frank is prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-256.
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Erie Cocaine Dealer Ordered to Serve 5 Years Federal PrisonRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in jail and ordered to forfeit $142,780 and a Cadillac Escalade on his conviction of violating federal drug laws, United States Attorney David J. Hickton announced today.
United States District Judge David S. Cercone imposed the sentence on Levonne Rowan, 32.
According to information presented to the court, Levonne and his brother Dywon were arrested after ordering 3.5 kilograms of cocaine in exchange for $142,780. The cash was seized from them when they arrived in Edinboro, Pennsylvania to purchase the cocaine.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended OCDETF, a federally administered Organized Crime and Drug Enforcement Task Force (OCDETF) headed by the Drug Enforcement Administration and Homeland Security Investigations and is comprised of members drawn from the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service and the Bureau of Alcohol Tobacco Firearms and Explosives for the investigation leading to the successful prosecution of Rowan. The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Enfield Man Admits Committing 3 Armed Bank RobberiesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the Federal Bureau of Investigation, announced that DAVID M. JOHNSON, 27, of Enfield, pleaded guilty today in Hartford federal court to committing the armed robbery of the First Niagara Bank in Windsor on January 10, 2015.
According to court documents and statements made in court, on January 10, 2015, at approximately 9:15 a.m., two masked men, at least one of whom brandished a firearm, entered the First Niagara Bank at 2133 Poquonock Avenue in Windsor. The two men vaulted the teller counter, directed two bank employees to the bank vault and ordered one of the employees to open the vault. Once inside the vault, the men ordered the bank employees to the ground and took $81,530 from the vault. The men also ordered bank employees to open teller drawers and proceeded to take an additional amount of money from the drawers. During the robbery, a customer entered the bank. One of the masked men pointed a gun at the customer, ordered him to the ground and told him not to look up. After exiting the bank, the men confronted a second customer who was about to enter the bank. One of the men pointed a gun at the customer and stated “If you say anything, we’ll shoot you….”
While investigating the robbery, Windsor Police were contacted by East Windsor Police who were investigating similar bank and credit union robberies in East Windsor and Glastonbury. East Windsor Police had recently obtained an arrest warrant for JOHNSON with respect to the robbery of the Nutmeg State Federal Credit Union in East Windsor on July 21, 2014.
After further investigation, on January 10 at approximately 9:45 p.m., law enforcement executed a search warrant at JOHNSON’s Enfield residence and found a total of $81,946 in cash, most of which was bound by First Niagara Bank strapping that was initialed by one of victim bank employees. Investigators also found and seized other items allegedly used during the robbery earlier that day, as well as a .380 caliber semi-automatic handgun with a fully-loaded magazine.
In pleading guilty, JOHNSON admitted that he committed the armed bank robbery in Windsor on January 10, 2015, and also the armed robberies of the Nutmeg State Federal Credit Union in East Windsor on July 21, 2014, and the Nutmeg State Credit Union in Glastonbury on November 7, 2014, stealing $109,166 and $84,145, respectively.
JOHNSON, who has been detained since his arrest, is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on December 2, 2015, at which time he faces a maximum term of imprisonment of 20 years.
On May 29, 2015, Odain J. Johnson, 22, of Hartford, pleaded guilty to one count of armed bank robbery stemming from his role in the Windsor bank robbery. He has been detained since his arrest on January 17, 2015, and is scheduled to be sentenced on September 25, 2015.
This matter is being investigated by the FBI and the Windsor, East Windsor and Glastonbury Police Departments, with the assistance of the Enfield Police Department, the Capital Region Emergency Services Team (CREST) and the Maine State Police. The case is being prosecuted by Assistant U.S. Attorneys Deborah R. Slater and Douglas P. Morabito.
El Departamento de Justicia Resuelve una Denuncia de Discriminación Contra Louisiana Crane & ConstructionRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Louisiana Crane & Construction («Louisiana Crane»), una empresa de grúas y construcción con sede en Eunice, Luisiana que suministra servicios a campos petrolíferos. El acuerdo resolvió la demanda presentada el 29 de agosto del 2014 por parte de la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas a Inmigración (OSC, por sus siglas en inglés).
La demanda acusó que a partir de al menos del primero de enero del 2013 hasta al menos del primero de septiembre de 2013, Louisiana Crane, obligaba a los trabajadores que no eran ciudadanos estadounidenses a presentar documentos emitidos por el Departamento de Seguridad Nacional como condición de su empleo, pero no le exigieron nada parecido a los que sí eran ciudadanos de los EE. UU. La provisión antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) prohíbe que los empleadores les pidan documentos adicionales a sus trabajadores durante el proceso de verificación de elegibilidad laboral por motivos del estatus de ciudadanía del trabajador.
Conforme al acuerdo, Louisiana Crane le pagará a los Estados Unidos una multa civil que asciende a $165.000, establecerá un fondo de pagos retroactivos de $50,000 para indemnizar a los trabajadores que no recibieron sus salarios a causa de las prácticas de la empresa, será sujeto al monitoreo durante dos años, y capacitará a sus empleados acerca de la provisión antidiscriminatoria de la INA.
Los individuos que fuesen autorizados para trabajar en los Estados Unidos pero que se les negó un puesto en Louisiana Crane, cuya fecha de contratación fue retrasada por parte de Louisiana Crane, o que fueron despedidos por Louisiana Crane entre el 2011 y el 2015 porque no pudieron enseñar los documentos que la compañía solicitaba para probar que cuentan con autorización para trabajar deberán contactar a la OSC al (202) 305-0144. Cualquier parte del fondo de $50,000 de pagos retroactivos que no se reclame se donará a una organización sin fines de lucro en Tejas o Luisiana.
«Nos encontramos demasiados casos de empleadores que crean obstáculos discriminatorios para inmigrantes que tienen autorización para trabajar en los Estados Unidos», declaró la Subprocuradora General Interina, Vanita Gupta, jefa de la División de Derechos Civiles. «Es fundamental que todos los empleadores examinen sus políticas laborales para asegurarse de que traten a todos sus trabajadores de una manera justa».
La OSC tiene la responsabilidad de aplicar la provisión antidiscriminatoria de la INA. Entre otras cosas, la ley prohíbe la discriminación por motivos de estatus de ciudadanía o país de origen en la contratación, el despido o el reclutamiento o la referencia por comisión, prácticas documentales injustas; las represalias o la intimidación. El caso lo gestionaron las Abogadas Litigantes Liza Zamd y Silvia Dominguez-Reese, juntas con la Asistente Legal Isabel Otero, las tres de la División de Derechos Civiles.
Para más información sobre protecciones contra la discriminación en el empleo bajo las leyes migratorias, llame a la línea directa de la OSC para trabajadores al 1-800-255-7688 (1‑800-237-2515, TTY para las personas con discapacidades auditivas); llame a la línea directa de la OSC para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para las personas con discapacidades auditivas); matricúlese para una conferencia en línea gratuita en www.justice.gov/crt/about/osc/webinars.php; mande un correo electrónico a [email protected] o visite la página web de la OSC en www.justice.gov/crt/about/osc.
Los postulantes o empleados que creen haber sido víctimas de discriminación por motivos de su ciudadanía, estatus migratorio o país de origen en la contratación, el despido o el reclutamiento o la referencia por comisión deberán llamar a la línea directa para trabajadores mencionada arriba y serán atendidos.
LCC Settlement Agreement (1.94 MB)
Detroit-Area Physician Pleads Guilty for Role in $5.7 Million Fraud SchemeRead the Press Release
A Detroit-area medical doctor who prescribed unnecessary controlled substances and billed for unperformed office visits and diagnostic testing pleaded guilty today for his role in a $5.7 million health care fraud scheme.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Special Agent in Charge Paul M. Abbate of the FBI’s Detroit Field Office, Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office and Special Agent in Charge Jarod J. Koopman of Internal Revenue Service-Criminal Investigation (IRS-CI) made the announcement.
Laran Lerner, 59, of Northville, Michigan, pleaded guilty before U.S. District Judge Victoria A. Roberts of the Eastern District of Michigan to one count of health care fraud and one count of structuring cash transactions to avoid bank reporting requirements, as charged in a two-count information filed on Aug. 21, 2015. Sentencing is set for Jan. 24, 2015.
According to admissions made as part of his plea agreement, Lerner lured patients into his clinic with prescriptions for unnecessary controlled substances. Lerner admitted that he billed and caused Medicare to be billed for a variety of unnecessary prescriptions, tests and office visits to make it appear as though he was providing legitimate medical services instead of medically unnecessary controlled substances. According to admissions made as part of his plea agreement, Medicare was billed $5,748,237.31, as a result of Lerner’s unnecessary prescriptions, office visits and diagnostic testing.
As part of the plea agreement, Lerner agreed to permanently surrender his Drug Enforcement Administration controlled substance registration and agreed not to re-apply in the future.
Lerner also pleaded guilty to structuring cash deposits he received as a result of his scheme to avoid triggering the requirement under federal law that domestic banks file a report – called a Currency Transaction Report – with the Secretary of Treasury for all transactions in currency over $10,000. Lerner admitted that he knew about this requirement and caused his cash deposits to be structured in $5,000 increments on consecutive days at various branch locations in the Detroit area to avoid detection. According to court documents, Lerner deposited $70,000 in cash in April 2013 alone by making deposits of $5,000 on fourteen different days.
The case was investigated by the FBI, HHS-OIG and IRS-CI, and was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office of the Eastern District of Michigan. The case is being prosecuted by Trial Attorney Elizabeth Young of the Fraud Section.
Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 2,300 defendants who collectively have billed the Medicare program for over $7 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to: www.stopmedicarefraud.gov.
Lerner Plea Agreement
Detroit Man Admits Role in Smash-and-Grab Robbery of Stamford Jewelry StoreRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BRIAN MOORE, 26, of Detroit, Michigan, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport for his role in a smash-and-grab robbery of a Stamford jewelry store in November 2014.
According to court documents and statements made in court, on November 26, 2014, three of MOORE’s accomplices, armed with hammers, entered Sidney Thomas Jewelers, located in the Stamford Town Center Mall, during regular business hours. Soon after entering, the accomplices used the hammers to smash open a jewelry display case and removed more than $250,000 worth of Rolex watches. The three accomplices then fled with security guards in pursuit. One of MOORE’s accomplices, Richard Mathew Bailey, was caught and apprehended inside the mall while fleeing.
In pleading guilty, MOORE admitted that he helped organize and carry out the robbery by soliciting others to participate and partially funding it. He also admitted that he drove accomplices from Detroit to Stamford to carry out the robbery, and picked them up after the robbery in order to return to Detroit.
MOORE pleaded guilty to one count of interfering with commerce by robbery, an offense that carries a maximum term of imprisonment of 20 years. A sentencing date has not been scheduled. MOORE is released on a $250,000 bond
On March 12, 2015, Bailey, also from Detroit, pleaded guilty to the same charge. He awaits sentencing.
This case is being investigated by the Federal Bureau of Investigation and the Stamford Police Department. The case is being prosecuted by Assistant U.S. Attorney Gabriel J. Vidoni.
Columbia Man, Woman Plead Guilty to Heroin Trafficking ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man and woman pleaded guilty in federal court today to their roles in a conspiracy to distribute heroin.
Alec Matthew Ell, 20, Angelica Melanie Polston, 20, both of Columbia, pleaded guilty before U.S. Magistrate Judge Matt J. Withworth to the charge contained in an
April 2, 2015, federal indictment.By pleading guilty today, Ell admitted that he participated in a conspiracy to distribute 100 grams or more of heroin in Boone County, Mo., from July to October 2014.
Ell admitted that he sold a half-gram of heroin, packaged in four separate baggies, for $100 to an undercover police officer and a confidential informant on three separate occasions in July 2014. He also admitted that sold a quarter-gram of heroin, packaged in two separate baggies, for $50 to an undercover Jefferson City police detective in July 2014. Those transactions occurred in various parking lots in Columbia.
On another occasion in July 2014, Polston accompanied Ell, her boyfriend, and participated in the sale of a half-gram of heroin, packaged in four separate baggies, to the undercover Jefferson City police officer for $100. The transaction occurred near Hickman High School in Columbia.
On Oct. 18, 2014, a Columbia police detective and an officer were on patrol on 8th Street and spotted Ell and Polston. When the detective approached Ell and informed him that he had an active warrant for his arrest, Ell fled on foot into a nearby neighborhood. The officer caught up to him as he tried to jump a fence, and was able to force him off the fence and onto the ground, where he was arrested. During a search, the officer found a baggie of heroin in Ell’s front pants pocket. The heroin was packaged in to 16 separate baggies or “tenths.”
Under federal statutes, Ell and Polston are each subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole, plus a fine up to $5 million. Sentencing hearings will be scheduled after the completion of presentence investigations by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Stuart J. Zander. It was investigated by the Drug Enforcement Administration, the Columbia, Mo., Police Department, the Jefferson City, Mo., Police Department and MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group).
Columbia Man Pleads Guilty to Six Bank Robberies, Used Bicycle as Getaway VehicleRead the Press Release
JEFFERSON CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man pleaded guilty in federal court today to robbing six Columbia banks, using a bicycle as his getaway vehicle.
Shaun Christopher Becker, 43, of Columbia, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the charges contained in a June 15, 2015 federal indictment.
By pleading guilty today, Becker admitted that he robbed six Columbia banks between Nov. 20, 2014, and Jan. 3, 2015, using a bicycle for transportation and as a getaway vehicle.
On Nov. 20, 2014, Becker stole $3,890 from Missouri Bank II, 2500 Rangeline St. in Columbia. Becker slid a demand note across a teller counter that said, “Put all the bills in the bag, except for $1’s, be quiet, keep smiling, and nobody needs to get hurt. Thank you.” The teller complied and took the note with her to the drive through teller window, where she activated the alarm. She then closed the bag and returned it to Becker, but retained the demand note. Becker fled the bank on a dark-colored bicycle, possibly a mountain bike, and eluded capture.
On Nov. 28, 2014, Becker stole approximately $6,000 from First State Community Bank, 3200 Golden Bear Drive in Columbia. When Becker walked to the teller counter, the teller requested he remove his sunglasses. Becker ignored the teller and pulled a black bank bag from underneath his sweatshirt and laid it on the counter. He retrieved a demand note from within the bag and gave it to the teller. The note essentially stated, “Put all your large bills in the bag, keep smiling and no one will get hurt.” The teller complied and then returned both the bag and note to Becker, who calmly walked out of the bank and fled on a bicycle.
On Dec. 9, 2014, Becker stole $1,810 from UMB Bank, 1516 Chapel Hill Road in Columbia. Becker arrived at the bank riding a blue mountain bike; he entered the bank and walked to the teller counter. Upon reaching the counter, Becker, who was noticeably out of breath, slid a black bank bag and demand note across the counter toward the teller. The note was poorly written in pencil using lower case letters on the torn corner of a white piece of paper. The teller was only able to read the words “big bills” before Becker pulled the note back to himself. The teller concluded she was being robbed and gave Becker her stack of $100 bills. The teller did not include the $50 bills because she assumed they were too small, but relinquished them after Becker gave her a frustrated look. Becker collected the money from the counter, placed it into the black bag, calmly walked out of the bank, then got onto his bicycle and rode away. During the ensuing investigation, a police K-9 officer located the bicycle and a black shoulder bag which contained Becker’s clothing. The items were concealed in a wooded area behind a business located approximately a half-mile from the bank near the MKT Trail. Becker eluded capture.
On Dec. 15, 2014, Becker stole $600 from Boone County National Bank, 1916 Paris Road in Columbia. Becker arrived at the bank riding a bicycle. He laid his bike in the grass at the end of the walkway and walked into the bank. Becker immediately approached the teller counter, retrieving a black bank bag from underneath his sweatshirt as he approached. Once at the teller counter, Becker removed a demand note from the bank bag and presented it to the teller. She complied and gave the defendant $600 cash. Becker, who kept the demand note, then walked out of the bank, stuffing the bag into his pants as he departed. Once outside, he retrieved his bicycle and rode away.
On Dec. 22, 2014, Becker stole $2,000 from Regions Bank, 2114 Paris Road in Columbia. Becker arrived at the bank riding a bicycle, which he parked outside the bank. Becker walked into the bank and immediately approached the teller counter, which was protected by a bandit barrier. Becker produced a bag and a demand note and slid them under the barrier to the teller. The note read, “Put the 100’s, 50’s, and 20’s from the top drawer in the bag.” The teller complied. Becker asked for his note back, then walked out of the bank, stuffing the bag into his pants as he departed. Once outside, Becker retrieved his bicycle and rode away. Fresh bicycle tracks were located on a nearby bicycle trail, but Becker eluded capture. Surveillance from a neighboring business revealed that Becker had cased the area on his bicycle prior to the robbery.
On Jan. 3, 2015, Becker stole $1,394 from Boone County National Bank, 205 S. Keene St. in Columbia. Becker immediately approached the teller counter, where he retrieved a black folder from inside his open shirt. The teller recognized Becker as the serial bank robber operating in Columbia, and immediately activated her silent panic alarm. Becker placed the folder on the teller counter where he untied and opened the folder, then laid a demand note on the teller counter. The note essentially read, “Put 50’s and 100’s in the bag, no funny business, and no dye packs or bait money, keep smiling.” The teller complied; as she stepped away to fill the folder, Becker crumpled and ate the demand note. After obtaining the money, Becker left the bank, stuffed the folder into his shirt and fled east, out of view of bank staff. Investigation revealed that Becker escaped the area on a bicycle and fled east along a paved bicycle path near the bank. Approximately three-tenths of a mile from the bank, Becker ditched his bicycle and shed his outer layer of clothing. Becker stashed the clothing, with the folder, alongside a wooded creek that intersected the bicycle path. With the money stuffed into his boots, Becker started walking to a vehicle he had staged nearby.
Responding police officers, who had seen surveillance images from five prior bank robberies committed by Becker, recognized him walking along the shoulder of the road and detained him. A jogger who was on the bicycle path was brought to the scene, and identified Becker as a suspicious person seen walking out of the woods in the vicinity of the bicycle. A police K-9 discovered clothing nearby. Becker was detained for interview by officers and transported to the Columbia Police Department for questioning. At the station, officers recovered $1,394 from Becker that had been stolen from the bank. Becker confessed to the robbery to an FBI special agent, as well as to the other five robberies. He admitted committing the bank robberies to support a costly heroin addiction.
Under federal statutes, Becker is subject to a sentence of up to 20 years in federal prison without parole, plus a fine up to $250,000 and an order of restitution for each of the six counts. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the FBI, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
Buffalo Man Pleads Guilty to Retaliation Against A WitnessRead 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 Charles Hecht, 29, of Buffalo, NY, pleaded guilty to retaliation against a witness before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of life in prison and a fine of $250,000.Assistant U.S. Attorney Edward H. White, who is handling the case, stated that Hecht was arrested along with co-defendants Jose Escalera and Giovanni Cotto for retaliating against a witness who testified in the matter of United States v. Jose Martinez, et al.
On May 23, 2014, Hecht assaulted the victim while in the recreational yard at the Cattaraugus County Jail. The defendant was instructed to do so by Escalera and Cotto who are alleged members of the Latin Kings Gang. Escalera and Cotto told Hecht that the individual was a snitch and asked the defendant to assault the individual in retaliation for his testimony against a fellow Latin Kings member. Hecht agreed because he was told that if he assaulted the individual then the Latin Kings would provide him with protection while the defendant was in prison.
Charges are pending against Escalera and Cotto. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent in Charge, New York Field Division.
Sentencing is scheduled for November 30, 2015 at 1:30 p.m. before Judge Arcara.
Brandon Woman Pleads Guilty to Bank RobberyRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Cindy Sanchez Carabeo (50, Brandon) has pleaded guilty to bank robbery. She faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to court documents, on May 11, 2015, Carabeo committed three bank robberies in Brandon. Within a span of approximately 30 minutes, she robbed a BB&T bank, a Wells Fargo bank, and a Florida Central Credit Union. During each robbery, Carabeo presented a note threatening to kill the teller if she did not comply with Carabeo’s demands.
This case was investigated by the Federal Bureau of Investigation Violent Crimes Task Force and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Rachel K. Jones.
Bowling Green, Kentucky, Convicted Felon Sentenced to 104 Months in Prison for Violating Federal Firearms LawsRead the Press Release
Arrested following a high-speed pursuit and standoff with law enforcement
BOWLING GREEN, Ky. – A convicted felon who was living in Bowling Green, Kentucky, was sentenced in United States District Court last week, by Judge Greg N. Stivers, to 104 months in prison, after pleading guilty to possession of a firearm and ammunition by a convicted felon, announced United States Attorney John E. Kuhn, Jr.
Jackie Lee Bowles, age 26, was arrested on May 21, 2015, on the federal charge, following a high-speed chase and armed standoff with law enforcement, in Bowling Green, Kentucky. Bowles was charged with the possession of a loaded, General Precision Corp., Model 20, .22 caliber revolver.
According to an affidavit filed with a federal criminal complaint, Bowles pointed a handgun at a self-identified police officer, threatened to shoot additional police officers in the head, and identified himself as a Captain with the Aryan Nation. Bowles is a convicted felon, having previously pled guilty in United States District Court to charges of possession and distribution of crack cocaine (case number 1:08cr40) on January 7, 2009. At the time of his arrest, Bowles was on Supervised Release from that conviction. The 104-month sentence includes 77 months for the new charge and 27 months for revocation of his earlier term of Supervised Release.
Bowles was involved in a pursuit by police at a high rate of speed, after failing to stop his vehicle for an alleged traffic violation. He fled that vehicle on foot. Bowles was later approached by law enforcement when the officer recognized him as a passenger in a vehicle at a convenience store on Louisville Road in Bowling Green. A Warren County Sheriff’s Department Sergeant identified himself and at that time, Bowles allegedly raised a handgun and pointed it at the Sergeant. Other officers arrived and established a perimeter around Bowles’ vehicle and evacuated several surrounding businesses and locked down two area schools. A Kentucky State Police Trooper used a taser to subdue Bowles.
Assistant United States Attorney Jo E. Lawless prosecuted the case. ATF, in conjunction with the Warren County Sheriff’s Office and Kentucky State Police, conducted the investigation.
Bookkeeper Sentenced to 30 Months in Prison for Stealing over $179,000 from her EmployerRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Jessica Lee Warner, age 39, of Baltimore, today to 30 months in prison, followed by three years of supervised release, for wire fraud and aggravated identity theft, in connection with a scheme to embezzle more than $179,000 from her employer. Judge Grimm also entered an order requiring Warner to pay restitution of $179,647.16, the amount she stole from her employer.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge James Murray of the United States Secret Service - Washington Field Office; and Chief J. Thomas Manger of the Montgomery County Police Department.
According to her plea, Warner was the bookkeeper for a company located in Montgomery County, responsible for electronically submitting employee payroll information to a payroll processing service. From 2007 to December 2012, Warner fraudulently used her position as a bookkeeper to increase her salary, and write checks from her employer’s bank accounts to herself and others, forging the signature of an individual who had signatory authority on the company’s checking accounts. Warner deposited the forged checks into her own bank account.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Since the inception of FFETF in November 2009, the Justice Department has filed more than 12,841 financial fraud cases against nearly 18,737 defendants including nearly 3,500 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service and Montgomery County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Thomas P. Windom and Leah Jo Bressack, who prosecuted the case.
Arizona Woman Pleads Guilty to Federal Heroin Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Janette Marline Montero, 21, of Glendale, Ariz., pleaded guilty today in federal court in Albuquerque, N.M., to a heroin trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Montero was arrested on Aug. 5, 2015, at the Greyhound Bus Station in Albuquerque after DEA agents found almost nine pounds of heroin in her baggage. Montero was indicted on Aug. 25, 2015, and charged with possession of heroin with intent to distribute.
During today’s proceedings, Montero pled guilty to a felony information and admitted carrying heroin in her suitcase on Aug. 5, 2015, while she was at the Greyhound Bus Station in Albuquerque. Montero acknowledged that law enforcement officers found the heroin after she gave them consent to search her suitcase. Montero admitted that she was transporting the heroin with the intention of distributing it in Chicago, Ill., and that she would get paid for delivering the heroin.
At sentencing, Montero faces a statutory maximum penalty of 20 years in prison. Montero is in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Interdiction Unit of the DEA’s Albuquerque office which focuses on disrupting the flow of narcotics, weapons, and the proceeds of illegal activities as they are smuggled into or through New Mexico in passenger buses, passenger trains, commercial vehicles and automobiles. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
This case is being prosecuted pursuant to the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative is a collaborative effort between the U.S. Attorney’s Office and the University of New Mexico Health Sciences Center that is partnering with the Bernalillo County Opioid Accountability Initiative with the overriding goal of reducing the number of opioid-related deaths in the District of New Mexico. The HOPE Initiative comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. The law enforcement component of the HOPE Initiative is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative.
Saturday 29 August 2015
Luis G. Ramirez-Munoz IndictedRead the Press Release
FORT WAYNE- United States Attorney David Capp announced that Luis Ramirez-Munoz, 29, of Howe, Indiana was charged in a 5 count Indictment returned by the Grand Jury on August 26, 2015.
According to documents filed in the case, Ramirez-Munoz distributed cocaine on two occasions in March of 2015, and he distributed and possessed with intent to distribute large quantities of methamphetamine on three occasions in July of 2015.
This case was investigated by Drug Enforcement Administration in coordination with the IMAGE Drug Task Force, Allen County Drug Task Force, Lagrange County Sheriff’s Department, Lagrange Police Department, Ligonier Police Department, Steuben County Sheriff’s Department, Noble County Sheriff’s Department, and Fort Wayne Police Department. The case is being prosecuted by Assistant United States Attorneys Anthony W. Geller.
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until and unless proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
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Former Attorney Clark Holesinger SentencedRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today, on August 27, 2015 Clark Holesinger, 53 of Valparaiso, Indiana, was sentenced for wire fraud and money laundering.
Holesinger was sentenced by Judge Robert L. Miller, Jr in South Bend District Court to 120 months imprisonment, 1 year supervised release, and ordered to pay restitution in the amount of $986,480.01.
According to the information and plea filed in April 2015, the charges relate to Holesinger’s practice of law in Porter County, Indiana, and his fraudulent use of clients’ funds.
This case was the result of an investigation by the Internal Revenue Service-Criminal Investigation Division, Social Security Administration-Office of Inspector General and was prosecuted by the Assistant United States Attorney William T. Grimmer.
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Friday 28 August 2015
Western PA Financial Crimes Task Force Investigation Leads to Prison Sentence for South Side ManRead the Press Release
PITTSBURGH - A resident of Allegheny County has been sentenced in federal court to 12 months plus one day term of imprisonment, to be followed by a three-year term of supervised release, and restitution ordered on his conviction of conspiracy, United States Attorney David J. Hickton announced today.
United States District Judge Mark R. Hornak imposed the sentence yesterday on Warren H. Thompson, 31, of Pittsburgh, Pa.
According to the information presented to the court, Thompson conspired with others to steal bank account information belonging to account holders at Citizens Bank in Pittsburgh. They used the information to create accounts at another bank into which they deposited the stolen funds. From these accounts, they made multiple withdrawals of the stolen cash.
Assistant United States Attorney Gregory C. Melucci prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Western Pennsylvania Financial Crimes Task Force (WPFCTF) for conducted the investigation that led to the successful prosecution of Thompson. The WPFCTF was established as a collaborative, multi-agency effort to effectively combat financial crimes, including identity fraud, in Western Pennsylvania. Partnering in this effort are the United States Attorney's Office for the Western District of Pennsylvania, the United States Secret Service, the United States Postal Inspection Service, the Department of Homeland Security, the Allegheny County District Attorney's Office, the Allegheny County Police Department, the City of Pittsburgh Bureau of Police and the Pennsylvania State Police.
West Suburban Dermatologist Sentenced to 7 Years in Federal Prison for Defrauding Medicare and Private Insurers of $3.7 MillionRead the Press Release
CHICAGO — A Lombard dermatologist was sentenced today to 7 years in federal prison for submitting hundreds of false insurance claims for alleged skin cancer treatment that was unnecessary or never performed.
From 2003 to 2010, DR. ROBERT KOLBUSZ submitted thousands of false claims to Medicare and private insurers, causing them to pay out more than $3.7 million for what Kolbusz said were treatments to destroy pre-cancerous lesions. In reality, his patients did not have pre-cancerous lesions, and many of the treatments billed by Kolbusz were cosmetic procedures, such as Erbium “lunchtime laser peels,” performed by non-medical professionals from his office.
A jury convicted Kolbusz last year of three counts of wire fraud and three counts of mail fraud. In addition to the 84-month prison sentence, U.S. District Judge John Z. Lee ordered restitution in the amount of $3,764,381.69. During today’s sentencing hearing, Judge Lee said the offense was “serious for a number of reasons,” and that it “warranted a significant term of imprisonment.”
Kolbusz, 58, was ordered to begin serving his sentence on Nov. 6, 2015.
Evidence at the four-week trial revealed that Kolbusz had aestheticians in his office perform cosmetic laser treatments on benign skin conditions that normally would not have qualified for insurance coverage. In bills submitted to Medicare and private carriers, however, Kolbusz fraudulently diagnosed the conditions as being large numbers of pre-cancerous actinic keratosis lesions, and claimed the procedures were needed to destroy them – at a cost of up to $352.40 per treatment.
Eight patients and several of Kolbusz’s employees testified during the trial. One patient, who was a teenager at the time, testified that Kolbusz’s staff performed routine laser procedures that she was told were to lighten her freckles. In the patient’s medical records, however, Kolbusz stated that he had destroyed approximately 491 pre-cancerous lesions on her skin – causing Blue Cross Blue Shield of Illinois to pay $4,597 for the treatments.
Kolbusz continued his fraud scheme even after a representative of the American Academy of Dermatology told him in 2007 that he was likely committing fraud, according to evidence at trial.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; John A. Brown, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Lamont Pugh III, Special Agent-in-Charge of the U.S. Department of Health and Human Services Office of Inspector General in Chicago; and James Vanderberg, Special Agent-in-Charge of the U.S. Department of Labor Office of Inspector General in Chicago.
The government was represented by Assistant U.S. Attorneys Stephen Chahn Lee, Abigail Peluso, and Jessica Romero.
West Mifflin Child Porn Possessor Sentenced to 6½ Years in Federal PrisonRead the Press Release
PITTSBURGH, Pa. - A former resident of Allegheny County has been sentenced in federal court to 78 months in prison, followed by 10 years supervised release, on his conviction of possession of material depicting the sexual exploitation of a minor. Judge Schwab also ordered Ryan Henry Miller to pay $2,881.28 in restitution to a victim, United States Attorney David J. Hickton announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Miller, 33, formerly of West Mifflin, Pennsylvania.
According to information presented to the court, Miller, on July 17, 2014, knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
U.S. Attorney Hickton commended the Federal Bureau of Investigation, the Indiana County District Attorney’s Office, the Allegheny County District Attorney’s Office, the Allegheny County Police Department and the West Mifflin Police Department for conducting the investigation that led to the successful prosecution of Miller.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Washington County Drug Dealer Sentenced to 12 Years in Federal PrisonRead the Press Release
PORTLAND, Ore. –Eric Allen Forsyth, 37, of Tigard, Oregon, was sentenced by U.S. District Judge Michael H. Simon on Thursday, August 27, 2015, to 12 years in federal prison following his federal conviction for possession with the intent to distribute methamphetamine. When the defendant is released from prison, he will serve five years of supervised release.
In February 2014, Beaverton Police Officers received information that the defendant was selling methamphetamine. As part of the investigation, on April 14, 2014, deputies with the Westside Interagency Narcotics (WIN) Team conducted a traffic stop on a car in which the defendant was a passenger and arrested him on an outstanding warrant. When the defendant was searched, officers found him carrying $8,801 in cash and 55.5 grams of methamphetamine. A search warrant was later executed on the defendant’s residence and officers seized approximately 549 grams of methamphetamine packaged in 14 individual bags. According to police reports, following his arrest, the defendant admitted that he sold approximately one to two pounds of methamphetamine every day “for the money.”
In imposing the sentence Judge Simon noted that this was a “very serious offense” and that, based upon his prior criminal history, the defendant qualified as a Career Offender under the Federal Sentencing Guidelines. The defendant has three state court convictions for the Unlawful Delivery of a Controlled Substance.
"Methamphetamine has been identified as the region’s most serious drug threat,” stated Acting U.S. Attorney Billy Williams. “I applaud the work done by our local law enforcement partners on this case and we will continue to work with them to hold these drug dealers accountable for their actions.”
According to the Oregon High Intensity Drug Trafficking Area (HIDTA) Program:
Methamphetamine in the form of crystal methamphetamine, or “ice,” continues to be readily available and widely used throughout the Oregon HIDTA and represents the region’s most serious drug threat. Methamphetamine is a highly addictive central nervous system stimulant that is abused for its euphoric and stimulant effects. Chronic methamphetamine abusers exhibit violent behavior, confusion, insomnia and psychotic characteristics such as hallucinations and paranoia. Methamphetamine-related crime, such as identity theft, abused and neglected children, and other serious person and property crimes, continues to occur at a palpable rate and is prevalent throughout the HIDTA region.
Oregon and Idaho law enforcement officers surveyed in 2015 indicated methamphetamine remains a significant threat due to its level of use and availability; nexus to other crimes such as violent activity and property crime; societal impact; and connection to drug trafficking organizations, primarily MNDTOs [multi-national drug trafficking organizations]. Of law enforcement agencies surveyed, 62 percent reported methamphetamine as the greatest Oregon HIDTA Program drug threat to their area, with the majority indicating methamphetamine as the drug that contributes most to violent crime (88%) and property crime (69%). Furthermore, over 60 percent of officers ranked methamphetamine as the drug that serves as the primary funding source for major criminal activity.
Threat Assessment and Counter-Drug Strategy, Program Year 2016, Oregon HIDTA Program, at 12-13 (June 2015).
This case was investigated by the Westside Interagency Narcotics (WIN) Team and the Beaverton Police Department. The case was prosecuted by Assistant U. S. Attorney Scott Kerin.
Virginia Man Sentenced to More Than 11 Years for Providing Material Support to ISILRead the Press Release
Ali Shukri Amin, 17, of Manassas, Virginia, was sentenced today to 136 months in prison to be followed by a lifetime of supervised release and monitoring of his internet activities for conspiring to provide material support and resources to the Islamic State in Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Dana J. Boente of the Eastern District of Virginia, Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington, D.C., Field Office and Chief Stephan Hudson of the Prince William County, Virginia, Police Department made the announcement after sentencing by U.S. District Judge Claude M. Hilton of the Eastern District of Virginia.
“Ali Shukri Amin is a young American who used social media to provide material support to ISIL,” said Assistant Attorney General Carlin. “ISIL continues to use social media to send their violent and hateful message around the world in an attempt to radicalize, recruit and incite youth and others to support their cause. More and more, their propaganda is seeping into our communities and reaching those who are most vulnerable. The Department of Justice will continue to use all tools to disrupt the threats that ISIL poses, and our efforts will be furthered by parents and other members of our community willing to take action to confront and deter this threat wherever it may surface.”
“Today’s sentencing demonstrates that those who use social media as a tool to provide support and resources to ISIL will be identified and prosecuted with no less vigilance than those who travel to take up arms with ISIL,” said U.S. Attorney Boente. “The Department of Justice will continue to pursue those that travel to fight against the United States and our allies, as well as those individuals that recruit others on behalf of ISIL in the homeland.”
“Today marks a personal tragedy for the Amin family and the community as we have lost yet another young person to the allure of extremist ideology focused on hatred,” said Assistant Director in Charge McCabe. “Amin’s case serves as a reminder of how persistent and pervasive online radicalization has become. The FBI, through our Joint Terrorism Task Forces, remains dedicated to protecting the United States against the ongoing violent threat posed by ISIL and their supporters.”
“Observations made by school staff and subsequent follow-up by the School Resource Officer were some of the earlier indicators of suspicious behavior regarding this individual,” said Chief Hudson. “Those observations were quickly relayed to our partners with the JTTF who acted upon this information very quickly. We greatly appreciate that these observations were observed and reported to the proper authorities proved to be instrumental in the overall investigation in stopping a dangerous network such as ISIL from further infiltrating our community.”
Amin pleaded guilty on June 11, 2015. According to court documents, Amin admitted to using Twitter to provide advice and encouragement to ISIL and its supporters. Amin, who used the Twitter handle @Amreekiwitness, provided instruction on how to use Bitcoin, a virtual currency, to mask the provision of funds to ISIL, as well as facilitation to ISIL supporters seeking to travel to Syria to fight with ISIL. Additionally, Amin admitted that he facilitated travel for Reza Niknejad, an 18-year-old Prince William County resident who traveled to Syria to join ISIL in January 2015. Niknejad was charged on June 10, 2015, in the Eastern District of Virginia with conspiring to provide material support to terrorists, conspiring to provide material support to ISIL and conspiring to kill and injure people abroad.
This case was investigated by the FBI’s Washington Field Office. Assistant U.S. Attorney Michael P. Ben’Ary and Special Assistant U.S. Attorney Caroline H. Friedman of the Eastern District of Virginia prosecuted the case, with substantial assistance provided by Trial Attorney Stephen Sewell of the National Security Division's Counterterrorism Section.
U.S. Attorney: Let’s Give Police Officers Credit When They Meet Our High StandardsRead the Press Release
KANSAS CITY, KAN. - A policeman’s life was never easy – and it’s harder now.
Time magazine described it well recently in an article called “What It’s Like Being a Cop Now.” The article said: “There are some 680,000 sworn police officers in the U.S. And in the past 12 months every one of them has had to answer in one way or another for the actions of colleagues they will never meet except on the screens running the latest viral incident.”
Law enforcement officers don’t have the luxury of being like everybody else.
Nobody pulls out a cell phone and posts a video on the Internet of you and me turning in anything less than perfect performance at our jobs. We aren’t responsible for life and death decisions. We don’t have to respond to every call for help, and nobody holds a news conference to demand we explain why we used the stun gun, the hand cuffs or the service revolver we carry on our belts.
Most of us would quit a job that routinely required us to chase a burglar down a dark alley, stop an angry husband from beating his wife or put up with a stranger’s drunken tirade.
In recent months, we’ve seen a series of tragedies in cities across the country that has turned our attention to the devastating consequences when police are not trusted and respected in the communities they serve. Those of us in law enforcement have a lot of work to do to restore that trust. I hope that is clear to every one of us, from the rookies on the streets to the chiefs behind their desks.
At the same time, I want everyone to remember that there is no question we need the police in our communities. They ensure our safety by patrolling our neighborhoods, defending the rights of victims and deterring crimes. They are our first responders in many emergency situations. They are role models for our young people. The overwhelming majority of women and men who police our streets do their jobs with honor, pride and distinction.
We have every right to hold our law enforcement officers to the highest standards of conduct, of course. At the same time, I hope we remember to give them credit when they are brave, honest and patient while performing a difficult job in even more difficult circumstances.
Barry Grissom is the United States Attorney for the District of Kansas.
Two Wellpinit, Washington Women Sentenced to Federal Prison for Violent AssaultRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Melissa Elizabeth Suszka, age 34, and Alycia Jean Scott, age 23, both of Wellpinit, Washington, were sentenced for their participation in a drug-related violent assault. Suszka previously plead guilty to Solicitation of a Crime of Violence and Scott previously plead guilty to Misprision of a Felony. United States District Judge Salvador Mendoza sentenced Suszka to a 37-month term of imprisonment, to be followed by three years of court supervision after she is released from Federal prison. Judge Mendoza sentenced Scott to a 6-month term of imprisonment, to be followed by 1 year of court supervision after she is released.
According to information disclosed during the court proceedings, in August 2012, Suszka solicited other individuals, including Richard Peone, to assault a person to whom she had illegally sold drugs (prescription pills). Suszka had inadvertently sold that person more pills than she intended and that person thereafter refused to return the extra pills to her. As a result, Suszka solicited Peone and another individual to assault the victim. As per the planned assault, Scott drove the victim and the other individuals to a remote location on Martha Boardman Road on the Spokane Indian Reservation where the victim was severely beaten. Scott was present when the assault took place, participated in the plan, and failed to notify law enforcement about the assault.
These cases follow the previous sentencing of Richard Peone, who received a 39-month term of imprisonment in 2014 for his participation in the assault. One additional defendant who took part in the assault will be sentenced in mid-September.
Michael C. Ormsby stated, “Drug-related violence within Indian reservations will not be tolerated.” “The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to aggressively prosecuting violent assaults that occur within federal jurisdiction, including the Indian reservations in this District.” “We appreciate the assistance and support that our office and the FBI receive from tribal leadership and law enforcement.”
This investigation was conducted by FBI and the Spokane Tribal Police Department. The case was prosecuted by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.
Tulsa Robbery Spree Duo Sentenced in Federal CourtRead the Press Release
TULSA, Okla.—Two men responsible for a robbery spree in metro Tulsa were sentenced in United States District Court, announced Danny C. Williams Sr., United States Attorney for the Northern District of Oklahoma.
Billy Joe Laverty, 38, was sentenced today by United States District Court Judge Claire V. Eagan to 25 years in prison for his role in a series of robberies. Laverty pleaded guilty on May 27. On August 14, Laverty’s accomplice, Allen Wayne Smith, 48, was sentenced to 15 years in prison. Smith pleaded guilty on May 15. Both men were indicted by a grand jury in April 2015.
Smith and Laverty began their robbery spree on January 17, 2015. The two men carjacked a victim at gunpoint, attempted to rob a Domino’s Pizza in Tulsa, and robbed a convenience store in Jenks, Oklahoma. During the convenience store robbery, Laverty discharged a firearm at the cashier. Smith acted as the getaway driver. On January 24, Tulsa Police officers apprehended both men.
This case was investigated by the Tulsa Police Department, Tulsa County Sheriff’s Office, Jenks Police Department, and the Federal Bureau of Investigation. Assistant United States Attorneys Neal C. Hong and Jan S. Reincke prosecuted the case.
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Three Men Sentenced for Counterfeit Credit Card ConspiracyRead the Press Release
CHARLOTTE, N.C. – On Thursday, August 27, 2015, U.S. District Judge Robert J. Conrad, Jr. sentenced three members of a conspiracy involving the sale of over 69,000 counterfeit credit cards, announced Jill Westmoreland Rose, Acting United States Attorney for the Western District of North Carolina. Judge Conrad imposed prison terms on the three defendants ranging from 12 to 36 months and ordered restitution totaling $61,696.
Acting U.S. Attorney Rose is joined in making today’s announcement by Thomas L. Noyes, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service and Matthew Quinn, Assistant Special Agent in Charge of the United States Secret Service, Charlotte Field Division.
Vinicio Joseph Gonzalez, 32, of Palm Bay, Florida, was sentenced to 36 months in prison followed by two years of supervised release and was ordered to pay $61,696 in restitution. Judge Conrad also ordered Gonzalez to forfeit seized computers and electronic devices, including high-end color printers and embossing equipment, Bitcoins and $4,800 in seized cash. Gonzalez pleaded guilty to wire fraud conspiracy.
Nashancy Johnny Colbert, 39, of Charlotte, was sentenced to 30 months in prison followed by three years of supervised release, and was ordered to pay $61,696 in restitution. Colbert also pleaded guilty to wire fraud conspiracy.
Hugo Rebaza, Jr., 33, of Palm Bay, Florida, was sentenced to 12 months in prison, followed by two years of supervised release. Rebaza pleaded guilty to conspiracy to traffic in counterfeit goods. A fourth related defendant, Sean Roberson, 40, of Palm Bay, is awaiting sentencing in the District of New Jersey.
According to information contained in filed documents and statements made in court:
In 2012 and 2013, Roberson owned and operated a membership-only, e-commerce business and website, known as Fakeplastic.net. The website sold counterfeit credit cards and counterfeit debit cards to its members-only customers, as well as holographic overlays used to make fake identification cards. The Fakeplastic website enabled criminals involved in credit and debit card fraud and identity theft fraud to browse, order and purchase from an extensive inventory of genuine-looking, but counterfeit, magnetic-stripe plastic credit and debit cards. The Fakeplastic counterfeit payment cards were ready to be encoded with stolen payment card data, known in underground carding forums as “track data” or “card dumps,” onto the magnetic stripes of the counterfeit payment cards. New Fakeplastic customers had to be sponsored by existing Fakeplastic members or others involved in illegal online carding forums dealing in stolen credit and debit card track data.
Fakeplastic customers, totaling approximately 400 in December 2013, were able to select the type and quantity of counterfeit payment cards and counterfeit holographic overlays they wanted to purchase. For an additional fee, Fakeplastic customers could order custom embossing on the face of the counterfeit payment cards to include information typically associated with genuine payment cards, including cardholder names, payment card account numbers, and payment card expiration dates. Fakeplastic customers were required to pay for their orders in Bitcoin, Liberty Reserve (a now-defunct online payment service) and, in some cases, cash.
Approximately 23,000 embossed counterfeit payment cards, costing $12 each, and approximately 46,000 unembossed counterfeit payment cards, costing $15 each, were sold and distributed through the Fakeplastic website. Fakeplastic sales also included more than 35,000 holographic stickers used to make counterfeit cards appear more legitimate, and more than 30,000 state identification card holographic overlays. Fakeplastic shipments exceeded 3,600 parcels shipped through the U.S. mail.
Gonzalez worked in Fakeplastic’s warehouse, processing purchase orders compiled by Roberson. Gonzalez manufactured the counterfeit payment cards and packaged the completed orders in U.S. Express Mail envelopes for overnight delivery to Fakeplastic customers. Rebaza’s role was limited to money pickups at a mail delivery service, sent by a group of New York-based Fakeplastic customers who paid cash, for approximately 16,000 unembossed counterfeit payment cards over a nine-month time period. Colbert was a Charlotte-based Fakeplastic customer. Colbert purchased approximately 230 counterfeit credit and debit cards from the Fakeplastic website, the bulk of which Colbert purchased soon after his release from a four-month state jail sentence for obtaining property by false pretenses.
Acting U.S. Attorney Rose credited inspectors of USPIS, special agents of the Charlotte Division of the U.S. Secret Service and Chief Kevin Lovelace and the Rutherfordton, N.C. Police Department for the investigation, and thanked the U.S. Attorney’s Office for the District of New Jersey, and Newark-based agents with USPIS and the FBI for their assistance.
The government is represented in the Western District of North Carolina by Assistant U.S. Attorneys Tom O’Malley and Ben Bain-Creed.
Springfield Man Sentenced to Seven Years in Prison for Distributing CocaineRead the Press Release
BOSTON – A Springfield man was sentenced today in U.S. District Court in Worcester for distributing cocaine.
Stephen Tavernier, 28, was sentenced by U.S. District Judge Timothy S. Hillman to six years in prison and three years of supervised release. In March 2015, Tavernier pleaded guilty to engaging in a conspiracy to possess with intent to distribute and to distribute cocaine, and distribution of cocaine.
On August 6, 2013, Tavernier sold cocaine to an undercover federal agent on Main Street in Springfield, just yards from the state courthouse. The drug purchase was captured on video.
U.S. Attorney Carmen M. Ortiz and Daniel J. Kumor, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Deepika Bains Shukla of Ortiz’s Springfield Branch Office.
Spokane Man Sentenced to Five Years in Federal Prison for Receipt of Child PornographyRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Joseph Preble, age 19, of Spokane, Washington, was sentenced, after having previously pled guilty on June 19, 2015 to Receipt of Child Pornography. Senior United States District Court Judge Justin L. Quackenbush sentenced Preble to a five year term of imprisonment, to be followed by a twenty year term of court supervision after he is released from Federal prison. In addition, Preble was ordered to forfeit to the United States the computer he used to receive and store his child pornography collection. Preble will also be required to register as a sex offender.
According to information disclosed during the court proceedings, between October and November of 2014 Preble uploaded 60 images of child pornography, depicting four different minor female victims, to a foreign photo sharing website. Investigation by the Homeland Security Investigations Child Exploitation Unit resulted in the execution of a federal search warrant at Preble’s home in Spokane, Washington in December of 2014, at which time Preble’s computers and other electronic media were seized. A forensic examination of Preble’s computer revealed that he had received and was in possession of eleven child pornography image files and fifty-two child pornography video files. Some of the child pornography images were of children who had not attained the age of 12 years and some portrayed sadistic and masochistic conduct.
Michael C. Ormsby stated, “This case is another example of the outstanding efforts of the Homeland Security Investigations’ commitment to investigating child pornography crimes. The United States Attorney’s Office for the Eastern District of Washington prosecutes aggressively and seeks appropriate punishment for such crimes.”
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child
exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by Homeland Security Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.
Sioux City Man Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced August 21, 2015, to five years in federal prison.
Chrishirwn West, 27, from Sioux City, Iowa, received the prison term after a May 12, 2015, guilty plea to one count of conspiracy to distribute methamphetamine.
At the guilty plea, West admitted his involvement in a conspiracy that distributed more than 50 grams of actual (pure) methamphetamine from October 2014 through December 2014 in the Sioux City area. On October 21, 2014, during an undercover controlled drug transaction, West sold 41.8 grams of actual (pure) methamphetamine to the undercover agent.
West was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. West was sentenced to 60 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a four-year term of supervised release after the prison term. There is no parole in the federal system. West is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 15-4004.
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Sinaloa Cartel Member Sentenced to 16 Years in Federal Prison for Cocaine Drug ConspiracyRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced today that Jesus Manuel Gutierrez Guzman, 54, of Culiacan, Mexico was sentenced today to 16 years in federal prison after pleading guilty to conspiracy to distribute and to possess with the intent to distribute cocaine. Gutierrez Guzman pleaded guilty to the charge on October 2, 2014.
A grand jury for the District of New Hampshire originally charged Gutierrez Guzman and seven co-conspirators including Joaquin Guzman-Loera, a/k/a “Chapo” with the drug conspiracy in June 2011. A grand jury returned a superseding indictment in July 2012, shortly before Gutierrez Guzman’s arrest in Spain on August 7, 2012 after he and conspirators Samuel Zazueta Valenzuela, Jesus Gonzalo Palazuelo Soto, and Rafael Humberto Celaya Valenzuela arrived there to monitor the delivery of 346 kilograms of cocaine to Algeciras, Spain. The cocaine was delivered to a European port for eventual redistribution in Europe and the United States. The delivery resulted from negotiations between members of the Sinaloa Cartel led by Chapo and undercover agents of the Federal Bureau of Investigation posing as members of an organized crime syndicate. Gutierrez Guzman was Chapo’s representative in the negotiations that began in 2009 in Mexico and culminated in the delivery of 346 kilograms of cocaine to the FBI in 2012. During the period of the negotiations there were numerous meetings with members of the conspiracy in the United States, including an April 2011 meeting in New Castle, New Hampshire, and a March 2011 meeting in Madrid, Spain to finalize the terms of the first delivery. During this time, three “test” deliveries of fruit were made to provide assurance to the conspirators that they were not dealing with law enforcement. The success of the test deliveries led to the ultimate delivery of the cocaine.
“This case illustrates that drug cartels based in foreign countries will go anywhere to distribute their deadly products,” stated Acting United States Attorney Donald Feith. “Mr. Gutierrez Guzman served as a representative of one of the world’s wealthiest and deadliest drug organizations. I commend the FBI for its dedication to this long term investigation and its determination to bring these individuals to justice.”
Gutierrez Guzman was also fined $10,000. He will be deported to Mexico upon his release.
The case was investigated by the Federal Bureau of Investigation.
Shreveport man pleads guilty to possessing firearms after being convicted of feloniesRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced today that a Shreveport man pleaded guilty to possessing three firearms and ammunition after being convicted of multiple felonies.
Jonathan Shane Roberts, 41, of Shreveport, pleaded guilty before U.S. District Judge S. Maurice Hicks Jr. to one count of possession of a firearm and ammunition by a convicted felon. According to the guilty plea, Roberts swapped an all-terrain vehicle (ATV) for a 9 mm pistol, a .308 caliber rifle, a .223 caliber rifle and ammunition on November 19, 2014. Roberts later filed a police report claiming the ATV was stolen. After further investigation, a Shreveport Police Department detective found that Roberts had at least three felony convictions before obtaining the firearms. Roberts was convicted in March of 1993 of unauthorized entry of an inhabited dwelling, in December of 2001 of simple robbery, and in August of 2007 of felony theft of more than $500. All convictions were in the First Judicial District Court in Caddo Parish.
Roberts faces up to 10 years in prison, one to three years supervised release and a $250,000 fine. A sentencing date of December 16, 2015 was set.
This case is part of Project Safe Neighborhoods, which is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and to promote firearm safety.
The Shreveport office of the ATF and Shreveport Police Department conducted the investigation. Assistant U.S. Attorney Robert W. Gillespie Jr is prosecuting the case.
Santa Barbara Doctor Found Guilty of 79 Federal Charges for Writing Prescriptions for Huge Quantities of Dangerous NarcoticsRead the Press Release
SANTA ANA, California – A Santa Barbara-area physician who wrote numerous prescriptions for powerful painkillers, such as OxyContin, for “patients” – many of whom were drug addicts, and some of whom died from drug overdoses – was convicted today of 79 drug trafficking charges.
Julio Gabriel Diaz, 67, a Goleta resident who operated the Family Medical Clinic in Santa Barbara, was found guilty following a 2½-week trial in United States District Court.
Diaz, who was known to some “patients” as the “Candyman,” was a prolific writer of prescriptions for highly addictive and dangerous drugs. In 2011, for example, Diaz wrote prescriptions for more than 1.7 million doses of painkillers. His “patients” typically paid cash, waited hours for a 10-minute visit with Diaz, and received prescriptions for powerful drugs that included opioids, anti-anxiety medications and muscle relaxants. Several doctors and pharmacists who testified during the trial said that they had never seen any doctor prescribe the combination and quantity of drugs prescribed by Diaz.
Diaz was found guilty of 79 counts of distribution of a controlled substance. Twenty-six of the charges relate to oxycodone (a drug often sold under the brand name OxyContin), 10 of the charges relate to methadone, seven of the counts relate to hydromorphone (a drug commonly sold under the brand name Dilaudid), 10 of the charges relate to fentanyl, 11 of the charges relate to hydrocodone (a drug often sold under the brand names Vicodin and Norco), 10 of the charges relate to alprazolam (a drug often sold under brand name Xanax), and five of the charges related to the distribution of various controlled substances to a minor. In relation to all 79 counts, the jury found that Diaz distributed the drugs outside of the usual course of professional practice and without a legitimate medical purpose.
As a result of today’s verdicts, Diaz will face a maximum possible sentence of 1,360 years in federal prison, although the actual sentence will likely be less under the United States Sentencing Guidelines.
Diaz is scheduled to be sentenced by United States District Judge Cormac J. Carney on December 14.
According to the evidence presented at trial, doctors, nurses and other personnel with Santa Barbara Cottage Hospital wrote to the Medical Board of California and gave statements to investigators to complain about Diaz. Cottage Hospital doctors believed that Diaz posed such a threat that they prepared a spreadsheet documenting emergency room visits by patients who had been prescribed narcotics by Diaz.
Diaz was arrested in this case in January 2012. After his arrest, the state of California revoked his license after finding that he provided incompetent and grossly negligent care.
The investigation into Diaz was conducted by the Drug Enforcement Administration and the Santa Barbara Police Department, which received the assistance of the California Medical Board.
CONTACT: Assistant United States Attorneys Ann Luotto Wolf (714) 338-3533 and Bilal Essayli (213) 894-2303
Richmond Woman Sentenced to 2 Years in Prison for BriberyRead the Press Release
RICHMOND, Va. – Connie Richardson, 65, of Richmond, was sentenced today to 24 months in prison, followed by three years of supervised release for bribery concerning a program receiving federal funds. Richardson was also ordered to pay $158,428.09 in restitution.
Richardson pleaded guilty on May 13, 2015. According to court documents, Richardson was employed by the Virginia Department of Juvenile Justice (VDJJ) as the Runaway Coordinator. In that role, Richardson was responsible for administering services related to the interstate compact for juveniles, which governs the transportation of juveniles from one state to another. Christopher C. Connor, 37, of Virginia Beach, Virginia, was the owner of Patriot Protective Services, Inc. (Patriot), a security company based in Norfolk, Virginia. In September 2010, VDJJ issued an invitation for bids soliciting sealed bids from contractors interested in providing transportation and escort services for juvenile offenders returning to the Virginia. In October 2010, Patriot and another security company, Border Security Solutions, LLC (Border), were awarded contracts to provide transportation and escort services to VDJJ for a period of two years, with an option to renew the contracts for three successive years. One week after the contracts were awarded, Connor paid Richardson $1,500 and continued to make periodic payments to Richardson from October 2010 through February 2015. During that period of time, Connor paid Richardson over $30,000 via cash, checks, deposits to a prepaid Visa card, and transfers between SunTrust bank accounts.
In exchange for these payments from Connor, Richardson steered the vast majority of VDJJ’s transportation and escort requests to Patriot. She also knowingly approved inflated and falsified invoices submitted to Patriot. Richardson was informed by Border’s owner that his company had the capacity to transport more juveniles and charged less per hour for transportation and escort services than Patriot. Nonetheless, Richardson stopped assigning any new work to Border and Border closed for lack of business in September 2011.
As a result of the relationship between Richardson and Connor, VDJJ paid Patriot over $469,000 for transportation and escort services from October 2010 through February 2015.
Connor pleaded guilty on July 28, 2015 and will be sentenced on Oct. 29, 2015.
Dana J. Boente, U.S. Attorney for the Eastern District 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 Robert E. Payne.
This case was investigated by the FBI and the Virginia State Police. Assistant U.S. Attorney Katherine Lee Martin 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 Nos. 3:15-cr-78 and 3:15-cr-133.
Optometrist Jeffrey Sponseller and Eye Care One Settle False Claims Act Case for $275,000Read the Press Release
AUGUSTA, GA: Jeffrey Sponseller, O.D. of Augusta, Sponseller Eye Care One, P.C., and S&H Eye Care, LLC, currently doing business as “Eye Care One,” have agreed to pay the United States a total of $275,000.00 to settle allegations that they violated the False Claims Act by submitting or causing the submission of false claims to federal and state healthcare programs for services that were either inadequately performed or not performed at all.
The civil settlement resolves allegations that were originally part of a joint criminal and civil investigation of Sponseller’s submission of bogus claims to Medicare, Medicaid, and the Railroad Retirement Medicare Program for the lengthiest and most expensive type of eye examination conducted on nursing home patients when, in reality, he either conducted a very short eye examination or no examination at all. On January 10, 2014, Sponseller was sentenced to 33 months in prison and ordered to pay $441,729.85 in restitution to Medicare. Sponseller’s civil False Claims Act settlement is in addition to the restitution ordered in his criminal case.
This civil settlement resolves related allegations that were part of a federal lawsuit filed under the False Claims Act on January 8, 2014. Sponseller is the former owner of Eye Care One, located at 3152 Washington Road in Augusta, Georgia, which is now owned by his wife, Tracie Sponseller, O.D. and Matthew Haubert, O.D.
United States Attorney Edward J. Tarver said, “This settlement demonstrates the United States Attorney’s Office’s commitment to pursue all available remedies against those who commit health care fraud. Both criminal and civil avenues will be pursued in order to protect the American taxpayers as well as our nation’s elderly citizens, who were taken advantage of in this instance.”
The case was investigated by Special Agent David Graupner, Department of Health and Human Services, Office of Investigations; and Investigator Kimberly Reinken-Creamer of the United States Attorney’s Office, Southern District of Georgia. The United States was represented by Assistant United States Attorney Shannon Heath Statkus. For additional information, please contact First Assistant United States Attorney James D. Durham at (912) 201-2547.
New Orleans Man Charged with Receipt of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANDREW HUTCHINSON, age 24, of New Orleans, was charged today in a one-count Bill of Information with receipt of images and videos depicting the sexual exploitation of children.
If convicted, HUTCHINSON faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. He can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Nevada County Man Sentenced to Nearly 30 Years in Prison for Wounding Two Law Enforcement Officers in Gun BattleRead the Press Release
Brent Douglas Cole, 61, was sentenced to 29 years and seven months in prison today for an assault on law enforcement officers by U.S. District Judge Garland E. Burrell Jr., announced U.S. Attorney Benjamin B. Wagner for the Eastern District of California.
On Feb. 11, 2015, after a three-day trial, a federal jury found Cole guilty of assaulting a federal officer with a deadly weapon that inflicted bodily injury, assaulting a person assisting a federal officer with a deadly weapon that inflicted bodily injury and discharging a firearm during a crime of violence.
According to evidence presented at trial, on June 14, 2014, a Bureau of Land Management (BLM) ranger stopped Cole while he was driving a vehicle on a closed dirt road on BLM land near the South Yuba River campground. The ranger gave Cole a warning and allowed him to leave without issuing him a citation. The ranger continued up the dirt road and discovered a makeshift campsite with two motorcycles – one of which had been reported stolen and the other with expired tags. The ranger requested the California Highway Patrol’s (CHP) help to impound the motorcycles.
While the ranger and a CHP officer were preparing to move the two motorcycles, Cole emerged from the brush surrounding the campsite and announced that he was coming to get his things. The ranger asked Cole if he was armed and when Cole replied that he was, the ranger reached for his handcuffs. Cole said he would not allow the ranger to place the handcuffs on him. Cole then drew a Taurus .44-caliber revolver from the right side of his waist, pointed the weapon at the ranger and fired multiple rounds. One round struck the Ranger in the left shoulder. In response to Cole’s actions, the ranger and the CHP officer returned fire. Cole fired multiple rounds at the CHP officer and one bullet struck the officer in the right leg. Cole was struck several times by law enforcement.
After expending his ammunition and being shot multiple times, Cole gave up and was arrested. Cole, the BLM ranger and the CHP officer received medical attention and all survived their wounds.
“The defendant has repeatedly demonstrated that he lacks remorse and has no respect for the law,” said Judge Burrell in the sentencing. “…He has a stunning lack of regard for anyone other than himself.”
“The men and women in law enforcement who serve our communities risk their lives every day they report to work,” said U.S. Attorney Wagner. “The BLM ranger and CHP officer who were shot in this case were doing nothing more than carrying out routine duties. We are gratified with today’s sentence, we appreciate the assistance and cooperation of the Nevada County District Attorney’s Office and we will continue to make prosecuting those who put officers at risk a top priority for our office. More than anything, we are thankful that their injuries were not more severe and that the incident did not result in a loss of life.”
“I thank the Department of Justice, Office of the U.S. Attorney and the many jurisdictions at the federal, state and local level who worked together to successfully prosecute this case,” said California State Director Jim Kenna for BLM. “On behalf of the BLM, thank you to all the brave men and women who risk their lives, backing each other up to protect America’s public lands and the people who visit them.”
“This case is illustrative of the risk law enforcement officers face on a daily basis” said Special Agent in Charge Monica M. Miller of the Sacramento’s Field Office for the FBI. “Cole violently assaulted both a Bureau of Land Management officer and the CHP officer who was assisting him in his lawful duties. Cole will now have decades to consider his willful disregard for the officer’s duty to uphold the law. The FBI stands ready to investigate such violent crimes against federal officers and thank our law enforcement partners for their collaboration.”
“Every day, our officers go to work not knowing what dangers they may face,” said Commissioner Joe Farrow for CHP. “This case demonstrated not only the challenges and dangers, but also the cooperation and teamwork among agencies that protect the people of California. On behalf of the CHP, I would like to express my appreciation to U.S. District Judge Burrell for his deliberations in pronouncing the nearly 30-year sentence.”
This case was the product of an investigation by the Bureau of Land Management, the Federal Bureau of Investigation, the California Highway Patrol, the Nevada County Sheriff’s Office and the Nevada County District Attorney’s Office. Former Assistant U.S. Attorney Michael D. McCoy and Assistant U.S. Attorney Heiko Coppola prosecuted the case.
Nevada County Man Sentenced to Nearly 30 Years in Prison for Wounding Two Law Enforcement Officers in Gun BattleRead the Press Release
SACRAMENTO, Calif. — United States District Judge Garland E. Burrell Jr. sentenced Brent Douglas Cole, 61, to 29 years and seven months in prison today for an assault on law enforcement officers, United States Attorney Benjamin B. Wagner announced.
On February 11, 2015, after a three-day trial, a federal jury found Cole guilty of assaulting a federal officer with a deadly weapon that inflicted bodily injury, assaulting a person assisting a federal officer with a deadly weapon that inflicted bodily injury, and discharging a firearm during a crime of violence.
According to evidence presented at trial, on June 14, 2014, a Bureau of Land Management (BLM) ranger stopped Cole while he was driving a vehicle on a closed dirt road on BLM land near the South Yuba River campground. The ranger gave Cole a warning and allowed him to leave without issuing him a citation. The ranger continued up the dirt road and discovered a makeshift campsite with two motorcycles — one of which had been reported stolen, and the other with expired tags. The ranger requested the California Highway Patrol’s help to impound the motorcycles.
While the ranger and a CHP officer were preparing to move the two motorcycles, Cole emerged from the brush surrounding the campsite and announced that he was coming to get his things. The ranger asked Cole if he was armed, and when Cole replied that he was, the ranger reached for his handcuffs. Cole said he would not allow the ranger to place the handcuffs on him. Cole then drew a Taurus .44-caliber revolver from the right side of his waist, pointed the weapon at the ranger and fired multiple rounds. One round struck the Ranger in the left shoulder. In response to Cole’s actions, the ranger and the CHP officer returned fire. Cole fired multiple rounds at the CHP officer and one bullet struck the officer in the right leg. Cole was struck several times by law enforcement.
After expending his ammunition and being shot multiple times, Cole gave up and was arrested. Cole, the BLM ranger, and the CHP officer received medical attention, and all survived their wounds.
In sentencing, Judge Burrell stated: “The defendant has repeatedly demonstrated that he lacks remorse and has no respect for the law. … He has a stunning lack of regard for anyone other than himself.”
“The men and women in law enforcement who serve our communities risk their lives every day they report to work,” said U.S. Attorney Wagner. “The BLM ranger and CHP officer who were shot in this case were doing nothing more than carrying out routine duties. We are gratified with today’s sentence, we appreciate the assistance and cooperation of the Nevada County District Attorney’s Office, and we will continue to make prosecuting those who put officers at risk a top priority for our office. More than anything, we are thankful that their injuries were not more severe, and that the incident did not result in a loss of life.”
“I thank the Department of Justice, Office of the United States Attorney and the many jurisdictions at the federal, state and local level who worked together to successfully prosecute this case," said BLM California State Director Jim Kenna. “On behalf of the BLM, thank you to all the brave men and women who risk their lives, backing each other up to protect America’s public lands and the people who visit them.”
“This case is illustrative of the risk law enforcement officers face on a daily basis. Cole violently assaulted both a Bureau of Land Management officer and the CHP officer who was assisting him in his lawful duties. Cole will now have decades to consider his willful disregard for the officer’s duty to uphold the law,” said Special Agent in Charge Monica M. Miller of the Federal Bureau of Investigation’s Sacramento field office. “The FBI stands ready to investigate such violent crimes against federal officers and thank our law enforcement partners for their collaboration.”
“Every day, our officers go to work not knowing what dangers they may face. This case demonstrated not only the challenges and dangers, but also the cooperation and teamwork among agencies that protect the people of California,” California Highway Patrol Commissioner Joe Farrow said. “On behalf of the CHP, I would like to express my appreciation to United States District Judge Burrell for his deliberations in pronouncing the nearly 30-year sentence.”
This case was the product of an investigation by the Bureau of Land Management, the Federal Bureau of Investigation, the California Highway Patrol, the Nevada County Sheriff’s Office, and the Nevada County District Attorney’s Office. Former Assistant U.S. Attorney Michael D. McCoy and Assistant U.S. Attorney Heiko Coppola prosecuted the case.
Milton Man Charged with Wire Fraud in Real Estate Investment Fraud SchemeRead the Press Release
BOSTON – Daniel J. Flynn, III, 52, of Milton, was arrested and charged in U.S. District in Boston with wire fraud. According to the criminal complaint, Flynn defrauded investors of millions in a real estate investment scheme that began in at least 2007.
The complaint details several aspects of the alleged scheme, including that Flynn falsified the value of his real estate investment fund by creating fraudulent promissory notes purportedly worth millions and representing to investors that they were legitimate debts that were owed to Flynn’s real estate investment fund. Second, the complaint alleges that Flynn repeatedly induced investors to loan him money to purchase specific pieces of property that, in some cases, Flynn already owned. It is further alleged that Flynn often used investor’s money to pay his personal debts and to repay prior investors. Once investors uncovered Flynn’s fraudulent activities, Flynn changed the name of his business and created similar entities through the names of third parties in an effort to conceal his fraudulent activities.
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz and Vincent B. Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case is being prosecuted by Assistant U.S. Attorney Neil J. Gallagher, Jr. of Ortiz’s Economic Crimes Unit.
The details contained in the criminal complaint are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Men Sentenced for Conspiracy to use Weapons of Mass DestructionRead the Press Release
ROME, Ga. - Brian Cannon, Terry Peace and Cory Williamson have been sentenced for conspiring to use weapons of mass destruction in attacks against federal government agencies. The defendants planned to attack critical infrastructure while motivating militia groups in other states to rise up and join them in removing government officials who they believed had exceeded their Constitutional power.
“In this case, anti-government ideology and rhetoric morphed into dangerous extremism and led these defendants to arm themselves and travel to a meeting to pick up pipe bombs and other explosives intended for attacks,” said U.S. Attorney John Horn. “The attacks planned by the defendants, while rare, posed a serious threat to not only the safety of our public servants, but also all other members of the community.”
“This case illustrates the FBI’s commitment in preventing attacks instead of responding to their aftermath. The convictions and now federal sentencing of these individuals on conspiracy charges again represents that the juries and courts understand this shift in the law enforcement mindset in dealing with individuals or groups that wish to bring harm to the public or those who serve the public,” said J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: In January and February 2014, Cannon, Peace and Williamson participated in Internet chat rooms frequented by militia members and others with a shared anti-government ideology. During the chat room conversations, Cannon, Peace and Williamson discussed starting a revolution against the federal government by conducting an attack aimed at the infrastructure supporting the Transportation Security Administration, the Department of Homeland Security and the Federal Emergency Management Administration.
According to their conversations, their goals included forcibly removing government officials who the defendants believed acted beyond the scope of the U.S. Constitution. During one of the online conversations, Peace said that they would launch the attack between February 1, and February 15, 2014. He encouraged the militia members to review guerilla warfare tactics, accumulate supplies and prepare their families. By February 1, 2014, Cannon and Williamson had moved to Georgia and were living with Peace at his Rome, Georgia residence.
Cannon, Peace and Williamson targeted the infrastructure supporting their federal agency targets because they believed this would reduce the amount of unnecessary casualties and make it difficult for the government to respond to their attack. The men decided to launch the first attack in Georgia to prompt militia members in other states to begin attacks in their respective states.
Unbeknownst to the defendants, another participant in the chat rooms became alarmed at their plans, informed the FBI of the attack against the government, and agreed to assist in this investigation.
On February 8, 2014, Peace asked the cooperating witness to provide twelve pipe bombs and two thermite devices for use in their attack. Peace said he wanted the pipe bombs designed for “maximum fragmentation” and thermite devices capable of penetrating the engine block of a military-grade armored vehicle. Peace, Cannon and Williamson then made plans to meet with the cooperating witness after the pipe bombs and thermite devices were constructed.
On February 15, 2014, the defendants, armed with numerous firearms, drove from Peace’s residence to meet with the cooperating witness at a location in Cartersville, Georgia, to pick up the pipe bombs and thermite devices. Prior to their arrival, the cooperating witness was provided with twelve inert pipe bombs and two inert thermite devices. The three defendants were arrested as they were taking possession of the items. While their online conversations reflected attacks on federal targets, the defendants planned to use the thermite device at a local police department.
Cannon, 37, has been sentenced to 12 years in prison to be followed by five years of supervised release, and perform 100 hours of community service.
Peace, 47, has been sentenced to 12 years in prison to be followed by five years of supervised release, and perform 100 hours of community service.
Williamson, 29, has been sentenced to 12 years in prison to be followed by five years of supervised release, and perform 100 hours of community service.
Cannon, Peace and Williamson were convicted of the charges on May 26, 2015 after pleading guilty.
This case was investigated by the Federal Bureau of Investigation.
Assistant United States Attorneys Tracia M. King and Ryan K. Buchanan prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Men Sentenced for Conspiracy to Use Weapons of Mass DestructionRead the Press Release
Brian Cannon, 37, Terry Peace, 47, and Cory Williamson, 29, have been sentenced for conspiring to use weapons of mass destruction in attacks against federal government agencies. The defendants planned to attack critical infrastructure while motivating militia groups in other states to rise up and join them in removing government officials who they believed had exceeded their Constitutional power.
“In this case, anti-government ideology and rhetoric morphed into dangerous extremism and led these defendants to arm themselves and travel to a meeting to pick up pipe bombs and other explosives intended for attacks,” said U.S. Attorney John Horn of the Northern District of Georgia. “The attacks planned by the defendants, while rare, posed a serious threat to not only the safety of our public servants, but also all other members of the community.”
“This case illustrates the FBI’s commitment in preventing attacks instead of responding to their aftermath,” said Special Agent in Charge J. Britt Johnson for the FBI’s Atlanta Field Office. “The convictions and now federal sentencing of these individuals on conspiracy charges again represents that the juries and courts understand this shift in the law enforcement mindset in dealing with individuals or groups that wish to bring harm to the public or those who serve the public.”
According to U.S. Attorney Horn, the charges and other information presented in court: In January and February 2014, Cannon, Peace and Williamson participated in Internet chat rooms frequented by militia members and others with a shared anti-government ideology. During the chat room conversations, Cannon, Peace and Williamson discussed starting a revolution against the federal government by conducting an attack aimed at the infrastructure supporting the Transportation Security Administration, the Department of Homeland Security and the Federal Emergency Management Administration.
According to their conversations, their goals included forcibly removing government officials who the defendants believed acted beyond the scope of the U.S. Constitution. During one of the online conversations, Peace said that they would launch the attack between February 1, and Feb. 15, 2014. He encouraged the militia members to review guerilla warfare tactics, accumulate supplies and prepare their families. By Feb. 1, 2014, Cannon and Williamson had moved to Georgia and were living with Peace at his Rome, Georgia residence.
Cannon, Peace and Williamson targeted the infrastructure supporting their federal agency targets because they believed this would reduce the amount of unnecessary casualties and make it difficult for the government to respond to their attack. The men decided to launch the first attack in Georgia to prompt militia members in other states to begin attacks in their respective states.
Unbeknownst to the defendants, another participant in the chat rooms became alarmed at their plans, informed the FBI of the attack against the government, and agreed to assist in this investigation.
On Feb. 8, 2014, Peace asked the cooperating witness to provide twelve pipe bombs and two thermite devices for use in their attack. Peace said he wanted the pipe bombs designed for “maximum fragmentation” and thermite devices capable of penetrating the engine block of a military-grade armored vehicle. Peace, Cannon and Williamson then made plans to meet with the cooperating witness after the pipe bombs and thermite devices were constructed.
On Feb. 15, 2014, the defendants, armed with numerous firearms, drove from Peace’s residence to meet with the cooperating witness at a location in Cartersville, Georgia, to pick up the pipe bombs and thermite devices. Prior to their arrival, the cooperating witness was provided with 12 inert pipe bombs and two inert thermite devices. The three defendants were arrested as they were taking possession of the items. While their online conversations reflected attacks on federal targets, the defendants planned to use the thermite device at a local police department.
Cannon has been sentenced to 12 years in prison to be followed by five years of supervised release and perform 100 hours of community service.
Peace has been sentenced to 12 years in prison to be followed by five years of supervised release and perform 100 hours of community service.
Williamson has been sentenced to 12 years in prison to be followed by five years of supervised release and perform 100 hours of community service.
Cannon, Peace and Williamson were convicted of the charges on May 26, 2015 after pleading guilty.
This case was investigated by the FBI. Assistant United States Attorneys Tracia M. King and Ryan K. Buchanan prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
McAllen Area Marketer Pleads Guilty to Health Care Fraud SchemeRead the Press Release
McALLEN, Texas ‐ A marketer for several area home health agencies has entered a guilty plea to conspiracy to commit health care fraud for her role in a scheme to defraud the Medicare program, announced U.S. Attorney Kenneth Magidson.
Martha Lidia Flores, 51, of Pharr, admitted to engaging in a kickback scheme of exchanging referrals of Medicare beneficiaries for money. From Nov. 15, 2010, to July 9, 2012, Flores issued 11 illegal kickback checks to co-conspirator Argentina Cavazos, 57, of Hidalgo, in exchange for referrals of Medicare beneficiaries. The information was then used by home health care companies to bill Medicare.
Flores admitted to using the patient information she bought from Cavazos to create fraudulent referral forms to submit to the numerous home health companies where she was employed. Claims were subsequently filed with Medicare based on the fraudulent referral forms.
Flores admitted she forged the signatures of physicians on the referral forms, knowing that the physicians did not authorize the need for home health services and/or that the beneficiaries did not need or qualify for home health services. Flores also admitted that she was illegally compensated for the patient referrals.
U.S. District Judge Randy Crane, who accepted the plea today, has set sentencing for Nov. 9, 2015. At that time, she faces up to 10 years in federal prison and a possible $250,000 fine. Flores previously pleaded guilty to illegal remunerations for her role in the scheme and will be sentenced Oct. 15, 2015.
The investigation leading to the charges was conducted by the U.S. Department of Health and Human Services ‐ Office of Inspector General and the FBI. Assistant U.S. Attorney Michael Day is prosecuting the case.
Maui Resident Sentenced to 72 Months for Mail TheftRead the Press Release
HONOLULU – Senior District Judge Helen Gillmor yesterday sentenced Davelyn Mahi, 42, a resident of Maui County, to six years imprisonment of 72 months for aggravated identity theft and theft of mail. The Court also sentenced Mahi to a term of one year of community confinement following her release from custody to assist the United States Probation Office in supervising her, and ordered her to pay $8,551.03 in restitution.
Florence T. Nakakuni, U.S. Attorney for the District of Hawaii, said, "The scope of this crime demonstrates the continuing need for vigilance in protecting personal information." Evidence offered in court showed that Mahi stole hundreds of mail items and recovered credit cards and other property over at least a six month time period, which she then used to fraudulently purchase thousands of dollars worth of goods. Mahi’s 230 prior arrests and 36 prior convictions were substantial factors supporting the Court’s decision to impose a sentence of imprisonment above the maximum sentence advised by the United States Sentencing Guidelines.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, "Postal Inspectors worked closely with the U.S. Attorney’s Office and the Maui Police Department on this investigation and will continue to vigorously protect the U.S. mail against all forms of criminal attack and misuse."
The case was prosecuted by Assistant U.S. Attorney Ken Sorenson of the U.S. Attorney’s Office for the District of Hawaii.
Mandeville Postal Worker Indicted for Theft of Mail and Misappropriation of Postal FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGELA MITCHELL, age 40, of Mandeville, was indicted today for Theft of Mail and Misappropriation of Postal Funds.
According to the Indictment, as a result of a complaint from the Postmaster of the Mandeville Post Office regarding several suspicious transactions, the Office of Inspector General for the United States Postal Service (“Postal OIG”) initiated an investigation into MITCHELL and determined that MITCHELL was voiding Postage Validation Imprinter (“PVI”) labels and issuing refunds without completing the proper paperwork for the PVI refunds. MITCHELL was also indicted for stealing a credit card from a post office box and using it without authorization.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
If convicted, MITCHELL faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, and a $250,000.00 fine.
U.S. Attorney Polite praised the work of the U.S. Postal Inspection Service, Office of Inspector General in investigating this matter. Assistant U. S. Attorney Brian M. Klebba, Chief of the Fraud Unit, is in charge of the prosecution.
Manassas Man Sentenced to 11 Years for Providing Material Support to ISILRead the Press Release
ALEXANDRIA, Va. – Ali Shukri Amin, 17, of Manassas, Virginia, was sentenced today to 136 months in prison, followed by a lifetime of supervised release and monitoring of his internet activities, for conspiring to provide material support and resources to the Islamic State in Iraq and the Levant (ISIL), a designated foreign terrorist organization.
“Today’s sentencing demonstrates that those who use social media as a tool to provide support and resources to ISIL will be identified and prosecuted with no less vigilance than those who travel to take up arms with ISIL,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “The Department of Justice will continue to pursue those that travel to fight against the United States and our allies, as well as those individuals that recruit others on behalf of ISIL in the homeland.”
“Ali Shukri Amin is a young American who used social media to provide material support to ISIL,” said John Carlin, Assistant Attorney General for National Security. “ISIL continues to use social media to send their violent and hateful message around the world in an attempt to radicalize, recruit and incite youth and others to support their cause. More and more, their propaganda is seeping into our communities and reaching those who are most vulnerable. The Department of Justice will continue to use all tools to disrupt the threats that ISIL poses, and our efforts will be furthered by parents and other members of our community willing to take action to confront and deter this threat wherever it may surface.”
“Today marks a personal tragedy for the Amin family and the community as we have lost yet another young person to the allure of extremist ideology focused on hatred,” said Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office. “Amin’s case serves as a reminder of how persistent and pervasive online radicalization has become. The FBI, through our Joint Terrorism Task Forces, remains dedicated to protecting the United States against the ongoing violent threat posed by ISIL and their supporters.”
“Observations made by school staff and subsequent follow-up by the School Resource Officer were some of the earlier indicators of suspicious behavior regarding this individual,” said Stephan Hudson, Chief of Prince William County Police Department. “Those observations were quickly relayed to our partners with the JTTF who acted upon this information very quickly. We greatly appreciate that these observations were observed and reported to the proper authorities proved to be instrumental in the overall investigation in stopping a dangerous network such as ISIL from further infiltrating our community.”
Amin pleaded guilty on June 11, 2015. According to court documents, Amin admitted to using Twitter to provide advice and encouragement to ISIL and its supporters. Amin, who used the Twitter handle @Amreekiwitness, provided instruction on how to use Bitcoin, a virtual currency, to mask the provision of funds to ISIL, as well as facilitation to ISIL supporters seeking to travel to Syria to fight with ISIL. Additionally, Amin admitted that he facilitated travel for Reza Niknejad, an 18-year-old Prince William County resident who traveled to Syria to join ISIL in January 2015. Niknejad was charged on June 10, 2015, in the Eastern District of Virginia with conspiring to provide material support to terrorists, conspiring to provide material support to ISIL, and conspiring to kill and injure people abroad.
U.S. District Judge Claude M. Hilton presided over the case and delivered the sentence. This case was investigated by the Joint Terrorism Task Force of the FBI’s Washington Field Office. Assistant U.S. Attorney Michael P. Ben’Ary and Special Assistant U.S. Attorney Caroline H. Friedman prosecuted the case. Substantial assistance was provided by Trial Attorney Stephen Sewell of the National Security Division's Counterterrorism Section.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:15-cr-164.
Lobbying Firm Agrees to Pay $125,000 Civil Penalty for Violating Lobbying Disclosure ActRead the Press Release
WASHINGTON – Carmen Group, a lobbying firm based in Washington, D.C., has agreed to pay a civil penalty of $125,000 in order to resolve allegations that it repeatedly failed to file lobbying and contribution disclosure reports that are required by the Lobbying Disclosure Act (LDA), Acting U.S. Attorney Vincent H. Cohen, Jr. announced today.
The settlement was reached after the U.S. House of Representative and Senate referred Carmen Group to the U.S. Attorney's Office for the District of Columbia. It represents the second resolution of LDA violations this year and the largest civil penalty settlement under the LDA to date. In January 2015, Alan Mauk Associates Ltd. agreed to pay a $30,000 civil penalty in order to resolve similar claims. In 2013, the United States secured a $200,000 default judgment against Biassi Business Services Inc. for that firm’s violations of the LDA.
“The American public has a right to know about the efforts of paid lobbyists to influence legislative and executive decision-making,” said Acting U.S. Attorney Cohen. “Lobbyists who fail to report their activities thwart the purpose of the Lobbying Disclosure Act and remove transparency from the legislative process. This settlement reflects our determination to seek significant penalties from repeat offenders who fail to meet their reporting obligations.”
The U.S. Attorney’s Office for the District of Columbia has the unique responsibility of enforcing the LDA and its reporting requirements. The office notifies all of the referred firms and individuals that they must comply with the LDA and informs them of potential civil and criminal penalties. The office pursues LDA penalties against lobbyists that continue to be noncompliant in their filing practices.
Carmen Group was accused of failing to file some of its quarterly reports regarding its lobbying activities. In addition, some of the individual lobbyists who were registered to work on behalf of Carmen Group’s clients were accused of violating the LDA by failing to file some of their semiannual reports regarding their political contributions.
In settling the case, Carmen Group denied that it ever knowingly violated the LDA. The firm has now complied fully with its outstanding reporting obligations.
Acting U.S. Attorney Cohen commended the work of those who handled the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Jennifer A. Short.
Liberty Lake Man Sentenced to Five Years in Federal Prison for Distribution of Child PornographyRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Tristan James Fillback, age 28, of Liberty Lake, Washington, was sentenced after having previously pled guilty on May 5, 2015 to Distribution of Child Pornography. United States District Court Judge Salvador Mendoza Jr. sentenced Fillback to a five year term of imprisonment, to be followed by a fifteen year term of court supervision after he is released from Federal prison. In addition, Fillback was ordered to forfeit to the United States the computers and thumb drive that he used to distribute child pornography. Fillback was also ordered to pay $1,000 in restitution to one of his victims. Fillback will also be required to register as a sex offender.
According to information disclosed during the court proceedings, Fillback was using a Peer to Peer file sharing account to share and distribute child pornography images over the Internet. Undercover law enforcement agents located child pornography files Fillback was making available for download and later obtained a federal search warrant for Fllback’s residence. On January 23, 2014, Homeland Security Investigation agents executed a federal search warrant at Fillback’s residence and seized Fillback’s digital devices that he used to distribute child pornography. A forensic examination of Fillback’s personal computers and thumb drive revealed 649 images of child pornography and 14 child pornography video files.
Michael C. Ormsby stated, “The United States Attorney’s Office in the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for child pornography crimes. In addition, prosecuting offenders who distribute child pornography is one of the top priorities of the United States Attorney’s Office.”
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child
exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by Homeland Security Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and Project Safe Childhood Coordinator for the Eastern District of Washington.
Kenyan National Sentenced to 15 Years for Conspiring to Provide Material Support to Foreign Terrorist OrganizationsRead the Press Release
Mohamed Hussain Said, 27, a citizen and resident of Nairobi, Kenya, was sentenced to 15 years in prison by U.S. District Judge Ursula Ungaro of the Southern District of Florida for conspiring to provide material support to three separately designated Foreign Terrorist Organizations, al-Qa’ida, al-Qa’ida in Iraq/al-Nusrah Front (AQI/al-Nusrah Front) and al-Shabaab.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
On May 28, 2015, Said pleaded guilty to count one of an indictment charging him with conspiracy to provide money and recruits to al-Qa’ida, AQI/al-Nusrah Front in Syria and al-Shabaab in Somalia. During the conspiracy, Said received a series of wire transfers from co-conspirator Gufran Ahmed Mohammed for the purpose of supporting al-Shabaab, and recruited experienced al-Shabaab fighters for AQI/al-Nusrah Front to fight in the conflict in Syria. Additionally, Said tried to recruit other individuals for attacks within the United States.
Assistant Attorney General Carlin joined U.S. Attorney Ferrer in commending the investigative efforts of the FBI and the South Florida Joint Terrorism Task Force. The case was prosecuted by Assistant U.S. Attorneys Brian K. Frazier and Ricardo A. Del Toro of the Southern District of Florida and Trial Attorney Jolie F. Zimmerman of the National Security Division’s Counterterrorism Section.
Jury Convicts KC Man of Drug Trafficking, Money Laundering ConspiraciesRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was convicted in federal court today of his role in conspiracies to distribute methamphetamine in Jackson County, Mo., and to engage in money laundering.
Travis Ybarra, also known as “HoodNutt,” 27, of Kansas City, was found guilty of participating in a conspiracy to distribute methamphetamine from Jan. 1, 2009, to Dec. 11, 2012. Ybarra was also found guilty of participating in a money-laundering conspiracy that involved proceeds of drug trafficking.
In July 2011, the Jackson County Drug Task Force began an investigation into a drug-trafficking organization distributing methamphetamine in the Kansas City, Mo., area. Ybarra and co-defendant John Martinez, also known as “Whisper,” 33, of Kansas City, Mo., were partners who supplied methamphetamine to mid-level distributers, who then sold the methamphetamine to others.
Martinez was sentenced on Feb. 10, 2015, to 12 years and six months in federal prison without parole, after pleading guilty to the same charges.
Ybarra directly supplied methamphetamine to co-defendant Ronald Wayne Ivy, also known as “Wayno” or “Big Homie,” 42, of Grandview, Mo., and others. Officers made undercover drug purchases from some mid-level distributors, who had obtained their methamphetamine from Ivy. When law enforcement officers executed a search warrant at Ivy’s residence on Aug. 20, 2012, they seized more than $30,000 (the proceeds of drug sales), multiple firearms and more than 500 grams of methamphetamine that Ivy had obtained from Ybarra.
Ivy was sentenced on Feb. 3, 2014, to 25 years in federal prison without parole after pleading guilty to his role in the drug-trafficking and money-laundering conspiracies. The court also ordered Ivy to forfeit to the government $211,200, which represents the proceeds of the drug-trafficking conspiracy for which he was responsible (based on a conservative street price of $1,200 an ounce and distribution of at least 15 kilograms of methamphetamine through the overall conspiracy).
Evidence introduced during the trial indicated that Ybarra sold co-defendant Damon Ray Schultz, also known as Richard Boone, 33, of Independence, Mo., a half-pound of methamphetamine for $10,000 on Feb. 29, 2012. Agents also intercepted conversations between Ybarra and various co-defendants starting on Aug. 5, 2012, regarding a methamphetamine transaction. Ybarra supplied methamphetamine to Stephanie Jo Cain, also known as “Baraka,” 26, of Kansas City, Mo., who, in turn, provided the methamphetamine to Lindsey Dell Brown, 26, of Kansas City, Mo. When Brown’s customer didn’t pay for the methamphetamine, Ybarra attempted to obtain the money he was owed.
Schultz, Cain and Brown are among 16 co-defendants who have pleaded guilty.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for about three hours over two days before returning the guilty verdicts to U.S. Chief District Judge Greg Kays, ending a trial that began Tuesday, Aug. 25, 2015.
Under federal statutes, Ybarra is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole, plus a fine up to $10.5 million. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Bruce Rhoades and Special Assistant U.S. Attorney Adam Caine. It was investigated by the Drug Enforcement Administration, the Independence, Mo., Police Department, the Jackson County Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jury Convicts 2 Men in Multiple Violent Robberies in and Around HoustonRead the Press Release
HOUSTON – Two men have been convicted on all federal counts as charged, to include the violent robberies of mobile phone stores and related firearms charges, announced U.S. Attorney Kenneth Magidson. The federal jury convicted Clarence Buck, 33, of Humble, and Kendall Allen, 24, of New Orleans, on all 14 and 11 counts, respectively, following an eight-day trial and approximately six hours of deliberation.
Both men were convicted conspiracy to interfere with commerce by robbery and five counts each of aiding and abetting interference with commerce by robbery and aiding and abetting using and carrying a firearm during and in relation to a crime of violence. Buck was also convicted of being a felon in possession of a firearm as well as an additional count of aiding and abetting interference with commerce by robbery and an additional count of aiding and abetting using and carrying a firearm during and in relation to a crime of violence.
Over the course of the trial, the government presented 19 witnesses and 96 evidentiary exhibits, which included surveillance videos, photos, cell phone tower analysis as well as specific firearms believed used in the crimes and items of jewelry and cell phones stolen in the crimes.
According to the prosecution, on at least three occasions in November 2012, Buck assembled various crews to rob T-Mobile stores, stealing approximately 750 phones with a total approximate value of nearly $350,000. He also assembled a crew to rob the Houston Bargain Center which resulted in losses of approximately $500,000. After each robbery, Buck would sell the phones and other items and distribute the proceeds among the crews.
The first occurred on Nov. 2, 2012, when Buck assembled a crew to rob the location at 10961 North Freeway. Buck conducted surveillance outside, while three others entered the store. Allen and Deandre White were carrying handguns as they herded customers and store employees into a back room at gun point. A total of 314 phones were stolen. White, 23, of Houston, previously pleaded guilty in a related case and was sentenced to a term of federal imprisonment of 188 months.
Four days later, on Nov. 6, 2012, Buck assembled a crew to rob the T-Mobile store located at 5819 Gulf Freeway. Buck again conducted surveillance, while White and Allen executed the robbery. Allen carried an AR-15 assault rifle, while White carried handgun. Customers and employees were forced into a back room at gun point, while 282 phones were taken.
On Nov. 13, 2012, Buck and a crew he had assembled targeted the T-Mobile store located at 2902 North Shepard. Allen and White again entered the store armed with handguns, while Buck was outside conducting surveillance. During the course of this robbery, testimony revealed Allen exited the store and assaulted a customer outside, wrestled him to the ground and attempted to drag him into the store. Customers and store employees were again held at gun point while they stole 149 phones.
Then on Nov. 23, 2012, Buck assembled another crew and targeted the Houston Bargain Center located at 10022 Homestead Road. Buck was outside, while nine masked men, including Allen - armed with an AR-15 assault rifle - entered the store and forced employees and customers to the ground. The robbers broke more than 15 glass display cases with hammers and removed the jewelry inside of them. The owners of the stores that were robbed reported a loss of more than $500,000. A search warrant was executed Nov. 28, 2012, at Buck’s residence in Humble which resulted in the recovery of a number of the items of jewelry stolen, more than $29,000 in cash and the AR-15 rifle used by Allen in the robbery.
The jury also heard that Buck was initially charged in state court, but posted bond. Authorities observed Buck as he assembled a crew that later committed a robbery of the T-Mobile store located at 8498 Sam Houston Parkway. He was arrested again July 24, 2013.
Buck’s defense attempted to convince the jury that he was not involved in the robberies or gun offenses. He claimed he only acted as a fence hired by others to sell the stolen property. Allen also tried to tried to tell the jury he was not involved. They were unconvinced and found both men guilty as charged.
As a result, these men face incredible sentences. For the conspiracy and aiding and abetting the robberies, the possible sentence is up to 20 years in federal prison. Buck also faces up to 10 years for being a felon in possession. Upon the first aiding and abetting firearms conviction, both men face a mandatory seven years which must be served consecutively to any other prison term imposed. Moreover, for each subsequent firearms conviction, they must serve 25 years in prison, each of which must be served consecutively to each other, to the first firearms conviction and to the underlying robbery charge. In short, the minimum sentence Buck and Allen face is 132 and 107 years in federal prison, respectively.
U.S. District Judge David Hittner presided over the trial and has set sentencing for Nov. 24, 2015, at 2:00 p.m. They will remain in custody pending that hearing.
Several others have previously pleaded guilty for their respective roles in the robbery conspiracy. Those include Michael George, 34, Russell Parker, 42, Shelton Watterson, 29, Danny Moore, 49, Son-Tanna Hewitt, 29, and Donald Holmes, 46, all of Houston; and Zeeshan Yasin, 24, and Rafey Khan, 25, of Karachi, Pakistan, but who resided in Houston.
The charges are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Houston Police Department, the U.S. Marshals Service and the Harris County Sheriff’s Office. Assistant U.S. Attorneys Richard D. Hanes and Jennie Basile are prosecuting the case.