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Monday 4 August 2014
Laguna Niguel Man Receives Fifteen-Month Prison Term for Defrauding eBayRead the Press Release
SAN JOSE – Brian Andrew Dunning was sentenced today to serve fifteen months in prison for receiving between $200,000 and $400,000 in fraudulent commissions from eBay, announced United States Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.
Dunning pleaded guilty on April 15, 2013, to a Superseding Information charging him with wire fraud. In pleading guilty, Dunning admitted that, between approximately May 2006 and June 2007, he engaged in a scheme to defraud eBay through so-called “cookie stuffing.” According to the plea agreement, commissions paid to Dunning’s company, Kessler’s Flying Circus (KFC), which Dunning owned jointly with his brother, totaled approximately $5.2 million during that period from eBay’s domestic Affiliate Program. The parties stipulated for sentence purposes that between $200,000 and $400,000 of those commissions were the result of the fraudulent scheme.
According to the plea agreement, in approximately April 2005, Dunning and his brother formed KFC, through which they participated in the eBay Affiliate Program. The Affiliate Program was a means by which eBay worked with KFC and other affiliates to drive Internet traffic to eBay’s websites. Under the program, an affiliate was supposed to send visitors to eBay’s website by displaying an eBay advertisement, or link, on the affiliate’s website. If a visitor clicked on the eBay link or ad, he or she was redirected to eBay’s website. If that user subsequently conducted a “revenue action” on eBay’s website within a designated period of time, eBay paid the affiliate a commission for the referral.
Dunning admitted that he carried out his scheme by providing free applications at two of his websites that users could download and use on their own websites: ProfileMaps.info, which showed the physical location of visitors to a MySpace profile, and WhoLinked.com, which showed who was linking to the user’s website or blog. Both applications contained code Dunning had written which operated so that, when a user visited a website that had installed the application, the code would cause the user’s browser to receive a cookie with KFC’s ID number, even though the user did not click on an eBay ad or link, did not see any content from eBay’s website, and did not realize that his or her browser had been re directed to eBay’s tracking server. As a result, KFC would be paid if that user subsequently conducted an eBay revenue action within a certain period of time.
Dunning, 48, of Laguna Niguel, Calif., operates Skeptoid Media [skeptoid.org], a charitable organization, and also writes and produces the podcast “Skeptoid: Critical Analysis of Pop Phenomena.” Dunning was originally indicted by a federal Grand Jury on June 24, 2010, and charged with five counts of wire fraud, in violation of Title 18, United States Code, Section 1343. Under the plea agreement, Dunning pleaded guilty to a superseding information, filed on April 15, 2013, that alleged a separate violation of the same statute. In his plea agreement, Dunning admitted that he received payments for revenue actions for which he was not entitled to be compensated, but reserved the right to dispute how much of those payments were attributable to the cookie stuffing scheme. The parties later agreed to a stipulated loss figure.
The sentence was handed down by the Honorable Edward J. Davila, United States District Court Judge. Judge Davila also sentenced the defendant to a three-year period of supervised release following his release from custody. No restitution was imposed based on a separate, undisclosed civil settlement between Dunning and eBay. The defendant was ordered to surrender on or before Sept. 2, 2014.
David R. Callaway and Kyle F. Waldinger are the Assistant U.S. Attorneys who prosecuted the case with the assistance of Elise Etter and Rawaty Yim. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
(Dunning superseding information )
Kirbyville Man Sentenced for Distributing K2, Illegally Possessing FirearmsRead the Press Release
SPRINGFIELD, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced a Kirbyville, Mo., man was sentenced in federal court today for his role in the distribution of synthetic marijuana, commonly referred to as K2, and for illegally possessing several firearms.
Christian L. Turner, 46, of Kirbyville, was sentenced by U.S. District Judge Brian C. Wimes to nine years in federal prison without parole.
On Nov. 14, 2013, Turner pleaded guilty to possessing a controlled substance analogue with the intent to distribute and to being a felon in possession of firearms.
Turner admitted that he aided and abetted co-defendants Travis E. Butchee, also known as “Donkey,” 38, of Springfield, and Michael J. Saguto, 44, of Kirbyville, to possess a controlled substance analogue with the intent to distribute. Saguto is scheduled to be sentenced on Aug. 11, 2014. A sentencing date has not been scheduled for Butchee.
Turner, who has been convicted of a felony, also admitted that he was in possession of a Ruger .22-caliber rifle, a Marlin 30-30 caliber rifle, a Rossi .243-caliber rifle with an interchangeable 20-gauge barrel, a Remington 12-gauge shotgun and a Remington .270-caliber rifle. Taney County sheriff’s deputies seized those firearms when they responded to an assault call on March 15, 2013. Turner was arrested and a search warrant was served on his residence. The following items were seized: the seven long guns and associated ammunition, drug paraphernalia, including 242 smoking pipes, and three bags of synthetic cannabinoids.
Butchee and Saguto have each pleaded guilty to participating in a conspiracy to commit mail fraud and to participating in a conspiracy to commit money laundering.
Butchee and Saguto conspired with others between March 1, 2011, and June 24, 2013, to defraud the Food and Drug Administration and to defraud the public by falsely representing that a number of synthetic cannabinoid products were “incense” or “potpourri” and “not for human consumption.” In reality, these substances contained compounds that were intended for human consumption as a drug. Butchee’s wife, Victoria A. Butchee, also known as Victoria A. Wohlin, 29, of Springfield, also has pleaded guilty to her role in the mail fraud conspiracy.
Travis Butchee and Saguto also admitted that they conducted financial transactions that involved the proceeds of the unlawful mail fraud conspiracy. They conspired to wire funds to the People’s Republic of China in order to carry out the money laundering conspiracy.
Based upon the invoices, ledgers, and product seizures by law enforcement, this conspiracy was responsible for the manufacture and/or distribution of at least 188.14038 kilograms of synthetic cannabinoid products.
Travis Butchee opened The Man Cave, a retail business at 1927 S.Glenstone in Springfield, in February 2013. Travis Butchee and Saguto are the owners of Southern Spice, LLC and Saguto is the owner of Blues Away, a head shop and novelty store in Memphis, Tenn. Turner was employed by Saguto at Blues Away.
Materials used to manufacture and distribute synthetic cannabinoids were shipped via UPS or FedEx to members of the conspiracy – including controlled substance analogues (synthetic chemical compounds similar to THC, the psychoactive ingredient in marijuana), green leafy substances which served as carrier media, labels that were affixed to packages of “Donkey Punch,” “Jolly Grape Giant,” “South of the Tracks,” “Baby Face,” “Scarface,” “Hillbilly Hay,” and other synthetic cannabinoid products, and foil and plastic packaging bags.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the U.S. Postal Inspection Service, IRS-Criminal Investigation, the Missouri State Highway Patrol, COMET (Combined Ozarks Multi-jurisdictional Enforcement Team) and the Springfield, Mo., Police Department.Kern County Man Sentenced for Laser Strike on Sheriff’s HelicopterRead the Press Release
FRESNO, Calif. — Senior United States District Anthony W. Ishii sentenced Brett Lee Scott, 26, of Buttonwillow, to one year and nine months in prison, to be followed by three years of supervised release, for aiming a laser pointer at a law enforcement aircraft, United States Attorney Benjamin B. Wagner announced.
According to court documents, Scott used two different laser pointers to strike Air-1, a Kern County Sheriff’s Office helicopter, over a six-month period. Scott explained his actions by stating that he was bored. The lasers emitted powerful green or purple beams. As a result, the pilots of Air-1 suffered flash blindness that lasted a few minutes, causing disorientation. The pilots were ultimately able to pinpoint the origin of the beams and, with the help of patrol deputies, identified Scott as a suspect. Both laser pointers in this case exceeded the legal power emission limit. One of the lasers was 17 times more powerful than what is legally permissible.
“This is a truly senseless crime, and a very serious one,” said U.S. Attorney Wagner. “Defendants like Mr. Scott, who thoughtlessly point lasers at an aircraft for their short-sighted amusement, put lives at risk and create the very real possibility that a needless tragedy will occur. My office will continue to prosecute these cases vigorously and will work with the FBI and our local law enforcement partners to send the message that this behavior will not be tolerated.”
“Boredom is no excuse for pointing a laser at an aircraft. Scott’s sentence reinforces our message to the public: This activity is a violation of federal law and is a serious risk to public safety,” said Special Agent in Charge Monica M. Miller of the Sacramento FBI. “Scott may have been located and arrested, but stopping such reckless activity is the only way to ensure public safety. Everyone is encouraged to discuss the risks of this activity with their families. Please report anyone shining a laser at an aircraft to 911 immediately.”
According to the FAA, there were 3,960 reports of people shining lasers at aircraft in the United States in 2013. In the 34-county Eastern District of California, 94 laser strikes were reported, with the Fresno Yosemite International Airport and Bakersfield Meadows Field Airport reporting the most. Law enforcement and emergency transport helicopters are particularly vulnerable, since they typically fly at lower altitudes. Their convex-shaped windows also cause greater refraction and visual interference when the beam of a laser strikes. Night-vision goggles can also amplify the beam and pose a greater threat of visual interference. Earlier this year, as a result of the increasing threat of laser strikes on aircraft, the FBI in Sacramento, along with several other cities in the United States that have reported a large number of laser incidents, launched a public awareness campaign regarding the issue and offered a $10,000 reward for information that leads to the arrest of a laser offender. Since the launch of the public awareness campaign, the FBI reports a nationwide decrease in the number of laser incidents. However, the number of laser incidents in the Eastern District has increased.
The case against Scott was the result of a joint investigation conducted by the FBI and Kern County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Johnson County Man Pleads Guilty to Defrauding Bank of Blue ValleyRead the Press Release
KANSAS CITY, KAN. – A Johnson County man pleaded guilty in federal court Monday to taking part in a fraud scheme that cost the Bank of Blue Valley more than $877,000, U.S. Attorney Barry Grissom said.
Timothy P. Fitzgerald, 56, Leawood, Kan., pleaded guilty to one count of conspiracy to commit bank fraud. In his plea, he admitted the crime took place while he was chief financial officer of KC United, LLC, which was a holding company for five construction services companies located in Kansas City, Kan.
KC United was a loan customer of the Bank of Blue Valley. In 2008, KC United was losing money. Fitzgerald and other conspirators knew that KC United needed to show a profit in order to maintain its bank and bonding relationships. So Fitzgerald and others manipulated KC United’s quarterly financial statements to falsely reflect a profit. Fitzgerald delivered the falsified reports to the Bank of Blue Valley, which relied on the false information to renew the company’s line of credit. Fitzgerald and other conspirators also prepared annual financial statements that contained falsified profits and a cover letter falsely stating that an outside accounting firm had reviewed the statement. They placed the cover letter on the letterhead of an outside accounting firm.
On April 28, 2011, three of the companies owned by KC United filed for Chapter 11 bankruptcy. The Bank of Blue valley sold its position in the remaining outstanding loan to KC United, sustaining a loss of more than $877,000.
Blue Valley Ban Corp., the holding company for Bank of Blue Valley received more than $21 million in funding from the U.S. Treasury’s Troubled Asset Relief Program (TARP).
“Bank of Blue Valley did not repay TARP and missed 18 quarterly dividend payments totaling $4.9 million, money owed to taxpayers as a result of the bank holding TARP funds,” said Christy Romero, Special Inspector General for TARP (SIGTARP).
“Treasury sold its TARP investment in the bank at a principal loss of nearly $500,000, a loss in addition to uncollected TARP dividend payments,” Romero added.
Sentencing will be set for a later time. Fitzgerald faces a maximum penalty of 30 years in federal prison and a fine up to $1 million. Grissom commended the U.S. Department of Labor – OIG, the U.S. Department of Labor – EBSA, IRS Criminal Investigations, the FBI, the Special Investigator General for the Troubled Asset Relief Program investigated and Assistant U.S. Attorney Jabari Wamble for their work on the case.Jefferson County, Kentucky, Man Sentenced to 70 Months in Prison and Ordered to Pay Restitution for Multiple Bank RobberiesRead the Press Release
– Tellers feared for their lives as defendant claimed to have a bomb
– Also sentenced today, to serve 6 months in a separate, federal fraud caseLOUISVILLE, Ky. – A Louisville man was sentenced today, by U.S. District Judge Joseph H. McKinley Jr., to serve 70 months in prison for the robbery of four banks located in Jefferson County, Kentucky, during a two week period, and ordered to pay restitution in the amount of $11,960 announced David J. Hale, United States Attorney for the Western District of Kentucky.
Robert Scott Manley, age 51, admitted to using force, violence, and intimidation when he robbed four banks in Jefferson County between December 20, 2012 and December 31, 2012. According to information presented in court, Manley threatened bank employees by stating he had a bomb and threatened to detonate the bomb. On January 14, 2014, Manley pleaded guilty to taking $2,170.00 from the PNC Bank, located at 3910 Taylorsville Road, on December 20, 2012; taking approximately $3,580.00 from the Chase Bank, located at 8120 New LaGrange Road, on December 24, 2012; to taking approximately $1,510.00 from the BB&T Bank, located at 10403 Dixie Highway on December 27, 2012; and to taking approximately $4,750.00 from the River City Bank, located at 2501 Bardstown Road. At the time of the robberies, all deposits were insured by the Federal Deposit Insurance Corporation (FDIC).
Further, Manley was sentenced to serve 6 months consecutively to the 70 month sentence for failure to comply with the terms of his supervised release in a separate, federal fraud case.
If convicted at trial, Manley faced a sentence of no more than 80 years in federal prison, a fine of $1,000,000., and a period of no more than five years of supervised release. Manley was arrested by U.S. Marshals on January 2, 2013, in Louisville.
This case was prosecuted by Assistant United States Attorney Randy Ream with assistance from Special Attorney Sungtae Kang, and was investigated by Louisville Metro Police and the Federal Bureau of Investigation (FBI).
Greene County Man Pleads Guilty to Social Security FraudRead the Press Release
ALBANY, NEW YORK – RICHARD J. GODDEAU, age 46, of Athens, New York, pled guilty today in Albany to one count of Social Security fraud and one count of theft of government property before Chief United States District Judge Gary L. Sharpe, announced United States Attorney Richard S. Hartunian, Special Agent in Charge Edward J. Ryan of the Social Security Administration, Office of Inspector General, Office of Investigations, New York Field Division, the United States Secret Service, and Shelly Binkowski, Inspector in Charge, United States Postal Inspection Service, Boston Division.
As part of his guilty plea, GODDEAU admitted that he made false statements to Social Security Administration personnel to obtain Social Security Supplemental Security Income benefits payments to which he was not entitled. For example, he concealed that he was operating a business and living with his wife, and falsely claimed that he was paying rent and living at a different address.
GODDEAU faces up to 5 years of prison on the Social Security fraud count, 10 years of prison on the theft of government property count, and fines of up to $250,000 on both counts. GODDEAU’s plea agreement also requires that he pay $54,285 in restitution to the Commissioner of Social Security. GODDEAU will be sentenced in Albany, New York, on December 2, 2014.
This case was investigated by the Social Security Administration, Office of Inspector General, with the assistance of the United States Secret Service and the United States Postal Inspection Service, and is being prosecuted by Assistant United States Attorney Jeffrey C. Coffman.
Foxboro Man Pleads Guilty to Mortgage FraudRead the Press Release
BOSTON – Christopher Chasse, formerly of Foxboro, was convicted today in federal court of mortgage fraud in connection with the purchases of residential properties.
From June to September of 2006, Chasse fraudulently caused mortgage financing of more than $4 million for the purchase of residential properties in greater Boston. Chasse submitted false loan applications to lenders containing bogus information about his employment, income, assets, closing costs and related matters. The documentary evidence included phony income tax returns and other IRS forms, all to cause lenders to wire loan proceeds to attorneys closing the loans. Chasse also recruited other buyers for fraudulent mortgage loans.
Chasse, who pleaded guilty to 10 counts of wire fraud, will be sentenced by U.S. District Judge George A. O’Toole on Nov. 20, 2014. The charging statute provides a sentence of no greater than 30 years in prison, five years of supervised release and a fine of $250,000, or twice the gain or loss on each count. Actual sentences for federal crimes are typically less than the maximum penalties. The U.S. Attorney and the defendant will jointly recommend a sentence of 96 months in prison, to be followed by five years of supervised release. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.United States Attorney Carmen M. Ortiz; Vincent Lisi, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations Boston Field Office; and William P. Offord, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Victor A. Wild of Ortiz’s Economic Crimes Unit and Assistant U.S. Attorney Carlos Lopez of Ortiz’s Major Crimes Unit.
Former Lyons Police Officer Sentenced to Five Years in Federal Prison for Extorting $48,000 from Targets of InvestigationsRead the Press Release
CHICAGO — A former west suburban Lyons police officer was sentenced today to five years in federal prison for illegally extorting more than $48,000 from targets of criminal investigations he was supposedly conducting during 2013. The defendant, JIMMY J. RODGERS, who was a 14-year veteran of the Lyons Police Department, was sentenced after pleading guilty in May to extortion.
Rodgers, 44, of Chicago, was assigned to a U.S. Food and Drug Administration, Office of Criminal Investigations, task force and his duties included investigating the sale of contraband and counterfeit cigarettes. In the course of his work, he set up six fake transactions with criminals, detained them, hand-cuffed them, stole their goods and funds for his own benefit, threatened them, and then lied and concealed the scam.
Rodgers, 44, of Chicago, was assigned to a U.S. Food and Drug Administration, Office of Criminal Investigations, task force and his duties included investigating the sale of contraband and counterfeit cigarettes. In the course of his work, he set up six fake transactions with criminals, detained them, hand-cuffed them, stole their goods and funds for his own benefit, threatened them, and then lied and concealed the scam.
“The temptation for police officers to extort illegal operations is great. People need to know they will go to jail for this conduct,” U.S. District Judge Thomas M. Durkin said in imposing the 60-month sentence. “The sentence here should serve as a reminder that the penalty for shaking people down is not a slap on the wrist.”
Rodgers was also fined $48,980 and was ordered to begin serving his sentence on Nov. 7. Rodgers was arrested last September and pleaded guilty in May.
According to court records, Rodgers recruited cooperating sources to assist in setting up transactions in which the source would sell contraband cigarettes to potential targets of the investigation. Rodgers agreed to pay the sources a fee for each transaction the sources conducted. Rodgers’ extortion was discovered by the FBI when one of the confidential sources reported the conduct after realizing that none of the targets were arrested, the transactions were not recorded, and Rodgers had begun paying him in cash from proceeds of the transactions instead of with checks from the Lyons Police Department as Rodgers had arranged previously.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent-in-Charge of the Federal Bureau of Investigation. The Lyons Police Department and FDA’s Office of Criminal Investigations assisted in the investigation.
The government was represented by Assistant U.S. Attorney Sunil Harjani.
Former Lombard Businessman Sentenced to Eight Years in Federal Prison for Soliciting Murder to Erase an $8 Million DebtRead the Press Release
CHICAGO — A former commercial real estate businessman was sentenced today to eight years in federal prison for soliciting the murder of a Texas businessman whom he owed an $8 million judgment. The defendant, DANIEL DVORKIN, was convicted of solicitation of murder and five counts of using a telephone and a car to commit a murder-for-hire following a week-long jury trial in August 2013 in U.S. District Court.
Dvorkin, 76, formerly of Lombard, was arrested in July 2012 and has been in federal custody since he was convicted last year. U.S. District Judge Edmond Chang imposed the sentence in Federal Court.
Dvorkin “was a calm, cool, collected businessman who negotiated the price of a hit man as though he were closing a real estate deal, who showed only real concern for his bank account over the life of [the victim],” Assistant U.S. Attorneys Heather K. McShain and Jeff Perconte argued in a government sentencing memo.
According to the evidence at trial, the victim obtained an $8 million judgment in February 2012 against Dvorkin and two of his businesses, and the judgment became collectible in May 2012 after the parties failed to settle through mediation. In April 2012, Dvorkin contacted an individual, who reported to local police and later to the FBI that Dvorkin had solicited him to hire a hit man to kill the victim over the $8 million judgment. The individual who Dvorkin solicited began cooperating with law enforcement and recorded a series of conversations and meetings with Dvorkin in furtherance of the murder-for-hire plot. Investigators feared that Dvorkin, after balking at the price being negotiated with the cooperating individual, had found a cheaper hit man who was not identified, and approached Dvorkin, who was later arrested in July 2012.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois, and Robert J. Holley, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The Oakbrook Terrace Police Department assisted in the investigation.
Former Insurance Agent Pleads GuiltyTo Stealing from His ClientsRead the Press Release
WICHITA, KAN. A former insurance agent in Wichita pleaded guilty Tuesday to stealing from his clients, U.S. Attorney Barry Grissom said.
Jason Matthew Pennington, 42, Bel Aire, Kan., pleaded guilty to two counts of wire fraud and one count of attempted bank fraud. In his plea, he admitted the crimes occurred while he was an agent working for State Farm Insurance.
WIRE FRAUD (Count Two)
In 2000, Wendell and Marita Hill, who had purchased insurance policies from State Farm, became clients of Pennington after their former State Farm agent retired. In Nov. 2004, the Hills purchased a life insurance policy through Pennington valued at more than $3.4 million. The policy was issued by Phoenix Life Insurance Company, an insurance provider affiliated with State Farm Insurance.
In 2008, Pennington devised a scheme to defraud the Hills and Phoenix. On Feb. 29, 2008, he sent a fax to Phoenix Life Insurance Company requesting a loan of $105,000 on the Hills’ life insurance policy. The loan contained the forged signature of Brent Hill, who was trustee of the Hill Family Trust. Brent Hill did not make the request for the loan.
WIRE FRAUD: (Count Four)
In 2006, Marlene Brown, who had retired following a 37-year career with the Wichita Public Schools as a teacher, coach and school administrator, purchased a State Farm life insurance policy through Pennington. The policy was valued at $1.3 million.
In September 2009, Pennington contacted State Farm and changed the address for Marlene Brown’s insurance policy to his business address. He then sent a fax to State Farm making a withdrawal of $278,250 on the policy. Pennington forged Brown’s signature and requested the withdrawal without her knowledge.
When State Farm called him to ask why the money was to be sent to his office instead of Brown’s home, Pennington lied and told them Brown was his mother-in-law.
Marlene Brown died Oct. 27, 2009.
ATTEMPTED BANK FRAUD: (Count 45)
In February 2010, Pennington applied for a line of credit from State Farm Bank. In order to qualify for the credit, he did not report to the bank that he was required to pay $5,000 a month in child support and alimony to his first wife. He also falsely reported that his second wife was receiving an annual salary as an employee of his insurance office.
Sentencing is set for Nov. 3. Both parties have agreed to recommend a sentence of 42 months in federal prison.
Grissom commended the FBI, IRS - Criminal Investigation Assistant U.S. Attorney Lanny Welch and Assistant U.S. Attorney Aaron Smith for their work on the case.
Former Head of Delaware Lending at Wilmington Trust Pleads Guilty to Conspiracy ChargesRead the Press Release
WILMINGTON, Del. – Charles M. Oberly, III, United States Attorney for the District of Delaware, announced today that Brian Bailey entered a guilty plea before the Honorable Richard G. Andrews to conspiracy to commit an offense against the United States, as charged in a previously-filed Indictment and to a one count felony Information, also charging him with conspiracy to commit an offense against the United States, both in violation of Title 18, United States Code, Section 371.
According to the criminal Information and plea agreement, Bailey, who was employed by Wilmington Trust Company (the “Bank”) as the Delaware Market Manager, overseeing all lending in the state, conspired with Joseph Terranova and others to conceal the Bank’s true financial condition. The conspiracy involved, among other things, extending credit to keep existing loan interest payments current, thereby causing the Bank to misrepresent its reporting of past due and non-performing loans. The misrepresentations extended to, among others, the Federal Deposit Insurance Corporation, agents and examiners appointed to examine the Bank, and the Board of Governors of the Federal Reserve System. The criminal conduct enabled the Bank to file false statements of condition, or “Call Reports,” with federal financial regulators on a quarterly basis throughout 2009. As set forth in the Information, the Bank underreported its past due and nonperforming loans by approximately $186,000,000 in the first quarter of 2009; $234,000,000 in the second quarter of 2009; $463,000,000 in the third quarter of 2009; and $373,000,000 in the fourth quarter of 2009. Terranova previously entered a plea of guilty to the same underlying conduct in a separate case.
According to the Indictment and plea agreement, Bailey participated in a separate conspiracy with James Ladio, the former chief executive officer of MidCoast Community Bank, whereby over a twelve-year period they provided multiple loans to each other, through their respective financial institutions, under terms and conditions that would be unavailable to the general public.
Bailey, age 51, is a resident of Middletown, Delaware. He faces a maximum penalty of 5 years imprisonment and a $250,000 fine for each count.
United States Attorney Oberly said, “With today’s guilty plea we take another step forward in bringing to justice individuals whose criminal conduct contributed to the failure of Wilmington Trust. Mr. Bailey’s participation in both conspiracies demonstrates an abuse of power and betrayal of public trust. Mr. Bailey’s underlying conduct of approving supplemental financing for failing borrowers contributed substantially to the Bank’s demise. His conduct, and that of others, further enabled the Bank to falsely underreport its level of nonperforming loans to federal regulators and the public by hundreds of millions of dollars throughout 2009. We hope that this conviction serves to demonstrate my office’s commitment to protecting the integrity of financial institutions and makes clear the consequences to those contemplating similar conduct.”
“With today’s plea, former Wilmington Trust bank official Brian Bailey admitted that before and during the time the bank held taxpayer bailout funds, he and others at the TARP recipient bank conspired in criminal ‘extend and pretend’ and ‘delay and pray’ schemes to hide hundreds of millions of dollars in non-performing, past-due commercial real estate loans from federal bank examiners in order to conceal the true financial condition of the bank,” said Christy Romero, Special Inspector General for TARP (SIGTARP). “Over a 12-year period, Bailey also authorized bank loans for purported commercial real estate projects to a bank official, James A. Ladio, at another bank in exchange for sweetheart loans from Ladio’s bank. SIGTARP will bring justice for crimes related to the taxpayer-funded TARP bailout.”
“The outstanding efforts put forth by the FBI, IRS, and SIGTARP investigators assigned to this case should send a message to those involved in criminal fraud conspiracies that their actions will not go unpunished. We take these matters very seriously and will continue our efforts to protect the public by relentlessly pursuing white collar criminals,” said Stephen Vogt, Special Agent in Charge of FBI’s Wilmington office.
“High-ranking corporate officials hold positions of trust not only in their companies but also in the eyes of the public. That trust is broken when such officials abuse their power and commit crimes,” stated Akeia Conner, Special Agent in Charge, IRS Criminal Investigation. “Mr. Bailey conspired with others to conceal actions and misrepresentations that undermined the stability of Wilmington Trust. IRS Criminal Investigation is proud to work with our law enforcement partners and the United States Attorney’s Office in protecting and defending the public trust.”
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service Criminal Investigation Division, the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), and the Office of Inspector General, Board of Governors of the Federal Reserve System and is being prosecuted by Assistant United States Attorneys Robert Kravetz and Lesley Wolf.
Plea Agreement
Information
Former Hartford Police Detective Who Stole Gun Permit Fees Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that former Hartford police detective TISHAY JOHNSON, 40, of Windsor, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to three years of probation, the first six months of which JOHNSON must serve in home confinement, for his theft of nearly $30,000 in firearm permit fees. JOHNSON was also ordered to perform 300 hours of community service and make full restitution.
According to court documents and statements made in court, Hartford residents seeking a permit to carry a concealed weapon are required to submit an application to the City of Hartford through the Hartford Police Department. The application includes a municipal application processing fee of $70 to Hartford and a background check fee of $66.50 to the State of Connecticut. JOHNSON administered the Hartford Police Department’s concealed weapons permit program and was responsible for processing citizens’ applications, collecting the application fees and depositing the fees into the appropriate city or state accounts. Between October 2009 and January 2014, JOHNSON embezzled $29,426.75 that had been paid in connection with permit applications by altering checks and money orders to make it appear that the checks and money orders were payable to him. He also forged signatures on checks to make it appear that the intended payee had endorsed the check over to him. JOHNSON then deposited the funds into a personal checking account.
JOHNSON was ordered to make restitution of $17,442.50 to the City of Hartford and $11,984.25 to the State of Connecticut.
JOHNSON resigned from the Hartford Police Department in January 2014. On May 5, 2014, he pleaded guilty to one count of theft from a local government receiving federal funds.
This matter was investigated by the Federal Bureau of Investigation and the Hartford Police Department, and was prosecuted by Assistant U.S. Attorney Christopher M. Mattei.
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[email protected]Former Grandview Mayor Sentenced for $35,000 Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that the former mayor of Grandview, Mo., was sentenced in federal court today for a wire fraud scheme in which he used a bogus charity to steal $35,000 in contributions from International House of Prayer, a local nonprofit organization.
Stephen S. Dennis, 51, of Grandview, was sentenced by U.S. Senior District Judge Howard F. Sachs to one year and one day in federal prison without parole. The court also ordered Dennis to pay a $5,000 fine; International House of Prayer requested that no restitution should be ordered. Dennis will surrender to begin serving his prison term on Sept. 15, 2014.
On Feb. 11, 2014, Dennis pleaded guilty to the felony offense of wire fraud. Dennis resigned as mayor of Grandview on Jan. 10, 2014.
Dennis admitted that he engaged in a scheme from Dec. 12, 2011, to Nov. 29, 2013, to solicit donations for a corporation called Matters of the Heart. Dennis incorporated Matters of the Heart as a nonprofit corporation and falsely claimed it was a federally tax-exempt 501(c)(3) corporation. Dennis never applied for 501(c)(3) status with the IRS for Matters of the Heart, even though application instructions were given to him in December 2011 by an attorney from whom he sought legal advice.
Dennis received two checks totaling $35,000 from International House of Prayer Forerunner Christian Fellowship, a nonprofit organization in Grandview, in 2012. After obtaining the $35,000, Dennis used these funds for his own personal benefit, including his immediate family’s living expenses, rather than for any charitable purpose.
Matters of the Heart, which is now dissolved, was purportedly organized “to be a local community outreach to the poor and disadvantaged,” according to its articles of incorporation, and to “administer funds and property of any kind for … religious, charitable, cultural, scientific, literary and education purposes.”
In the organization’s articles of incorporation, Dennis listed himself as incorporator, registered agent, and one of the three directors of the board. He listed two persons, identified as “B.S.” and “J.M.” as the other two directors. B.S. and J.M. had no knowledge that they were listed as directors, and at no time gave Dennis permission or authority to claim them as such. B.S. and J.M. have never served as directors on the Matters of the Heart board of directors.
This case was prosecuted by Assistant U.S. Attorney Roseann A. Ketchmark. It was investigated by the FBI.
Public Corruption Hotline
The FBI has established a toll-free public corruption hotline, 1-855-KCPCTIP, and email [email protected]. Details regarding the various types of public corruption investigated by the FBI can be found online: http://www.fbi.gov/about-us/investigate/corruption.Former Fannie Mae Official Sentenced to Federal Prison for Soliciting Kickbacks from Broker Who Sold Foreclosed PropertiesRead the Press Release
SANTA ANA, California – A former sales associate with the Federal National Mortgage Association (Fannie Mae) was sentenced today to 15 months in federal prison for taking kickbacks from a real estate broker who sold properties on behalf of the mortgage agency.
Armando Granillo, 45, of Huntington Beach, who worked in the Fannie Mae’s Irvine office, was sentenced by United States District Judge David O. Carter. In addition to his 15 month sentence in federal prison, Granillo was ordered to spend 6 months in a residential reentry center.
Following a two-day trial in March, Granillo was found guilty of three counts of “honest services” wire fraud for soliciting kickbacks while working for Fannie Mae.
As a “real estate owned foreclosure specialist” for Fannie Mae, Granillo reviewed applications submitted by real estate brokers who wanted to list Fannie Mae foreclosure properties, and he had the authority to approve sale offers presented by the brokers. In late 2012, Granillo asked a real estate broker in Tucson to pay a percentage of the commissions the broker earned for selling Fannie Mae foreclosure properties. The broker brought the matter to the attention of federal law enforcement officials and assisting in the investigation.
During subsequent conversations between Granillo and the broker, Granillo demanded 20 percent of the real estate broker’s commissions in exchange for preferential treatment in the assignment and sales of Fannie Mae properties. In February 2012, Granillo traveled from Orange County to the Phoenix area, where he met with the broker. During the recorded meeting, Granillo stated that the kickback arrangement was a “natural part of business.” Granillo promised to increase the broker’s portfolio and ensure that he always had at least 100 listings, to give the broker the best properties, and to help the broker get offers approved by Fannie Mae. Granillo then arranged to receive the $11,200 payment from the broker.
Granillo was arrested in this case on March 5, 2013 during an undercover operation after accepting an $11,200 payment from the real estate broker.
Granillo “violated Fannie Mae and the public’s trust by engaging in a form of public corruption,” prosecutors wrote in a sentencing brief filed with the court. “This crime is akin to those involving governmental officials who solicit bribes in exchange for favorable treatment. The reputational damage is devastating and potentially permanent.”
Fannie Mae is currently under the conservatorship of the Federal Housing Finance Agency. The investigation into Granillo was conducted by the Federal Housing Finance Agency’s Office of Inspector General.
Release No. 14-103
Florida Man Sentenced to 51 Months in Prison for Illegally Possessing A FirearmRead the Press Release
MONROE, La. –A Florida man was sentenced to 51 months in prison and three years of supervised released for illegally possessing a firearm, U.S. Attorney Stephanie A. Finley announced today.
Richard Dean Stephenson, 28, of Tampa, Fla., was sentenced by U.S. District Judge Robert G. James for one count of possession of a firearm by a person previously convicted of a felony. According to evidence presented at the April 16, 2014 guilty plea, from September 1, 2013 to October 2, 2013, Stephenson possessed a Bryco .380 caliber pistol and ammunition after having previously been convicted of a felony. After learning that Stephenson may have a weapon, law enforcement officers found the gun and ammunition during a search at his Kilbourne, La., residence. Stephenson has numerous previous felony convictions in Florida including aggravated assault with deadly weapons and grand theft in 2006.
This case is part of Project Safe Neighborhoods, a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promote firearm safety.
The Oak Grove Police Department, the West Carroll Parish Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, investigated the case. Assistant U.S. Attorney Robert W. Gillespie Jr. prosecuted the case.
Employee of Gun Frame Manufacturer Who Violated Federal Firearms Laws Is SentencedRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT BRINKERHOFF, 54, of Old Lyme, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to one year of probation for violating federal firearms laws. BRINKERHOFF worked as the general manager of Tri-Town Plastics, a federally-licensed firearms manufacturer located in Deep River.
According to court documents and statements made in court, Tri-Town Plastics (“Tri-Town”), which has since been bought by Smith and Wesson, had a contract with Smith and Wesson to manufacturer firearm frames at its Deep River facility. In February 2012, after the Plainfield Police Department seized a Smith and Wesson 9 millimeter handgun from a residence, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) learned that Smith and Wesson had no record of the handgun ever having been manufactured. According to Tri-Town’s records, the handgun had been scrapped back in March 2011. At that time, ATF was preparing to conduct a routine inspection of Tri-Town to determine whether to renew their federal license to manufacture firearms. Tri-Town had also been inspected in 2009 and been directed by ATF to address some record-keeping issues discovered during that inspection. When two Tri-Town employees discovered that there were approximately 23 firearms missing from their inventory, rather than report them as missing, the employees falsely listed them as “scrapped” in Tri-Town’s acquisition and disposition records, so that ATF would not learn that they were missing and would renew Tri-Town’s license.
Soon after ATF contacted Tri-Town in February 2012 to ask about the Smith and Wesson handgun seized in Plainfield, one of the Tri-Town employees responsible for the fraudulent scrapping advised BRINKERHOFF of what had been done in March 2011. At that point, BRINKERHOFF, who had not known about the March 2011 conduct, failed to report these missing firearms as lost or stolen. In June 2012, BRINKERHOFF caused a theft/loss report to be filed with ATF that listed all of these firearms, but the report failed to advise ATF that all of the firearms had been falsely listed as scrapped back in March 2011.
On March 10, 2014, BRINKERHOFF pleaded guilty to one count of failing to file a theft/loss report and one count of making false statements in a theft/loss report, which are both misdemeanor offenses.
As part of his sentence, Judge Underhill prohibited BRINKERHOFF from engaging in a firearms-related business for a period of 90 days.
This ongoing investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorneys Robert M. Spector and Vanessa Richards.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Eighteen Individuals Indicted for Conspiracy to Manufacture MethamphetamineRead the Press Release
KNOXVILLE, Tenn. - A federal grand jury in Knoxville returned two separate indictments on July 16, 2014. In one, 17 individuals were charged in a conspiracy to manufacture 50 grams or more of methamphetamine. Those indicted in that case include:
Timothy Chesser, 34, Harriman, Tenn.; Raymond Racey, 33, Rockwood, Tenn.; Eddie Powers, 40, Harriman, Tenn.; Christopher Ryan Jenkins, 27, Rockwood, Tenn.; Linda Barron, 38, Rockwood, Tenn.; Brie Chandler, 25, Harriman, Tenn.; Jack Chesser, 43, Harriman, Tenn.; Bobbie Jo Forrester, 20, Harriman, Tenn.; Regina Green, 35, Kingston, Tenn.; Jessica Jenkins, 25, Rockwood, Tenn.; Roy Jenkins, 27, Rockwood, Tenn.; Jeff McFalls, 34, Kingston, Tenn.; Amber Murphy, 21, Harriman, Tenn.; Wanda Phillips, 44, Oakdale, Tenn.; Rebecca Sandifer, 35, Harriman, Tenn.; James E. Roberts, 25, Harriman, Tenn.; and David Trentham, 38, Harriman, Tenn.
In addition, Timothy Chesser, Racey, Powers, and Christopher Ryan Jenkins were indicted for conspiring to distribute methamphetamine.
In a separate case, David Neal, 33, of Kingston, Tenn., was indicted for conspiracy to manufacture five grams or more of methamphetamine.
Fifteen of these individuals were arrested and appeared in court between July 29, 2014, and July 31, 2014, before U.S. Magistrate Judge H. Bruce Guyton and pleaded not guilty to the charges in the indictment.
The investigation has shown that the individuals involved were purchasing pseudoephedrine at local pharmacies and using that pseudoephedrine to manufacture methamphetamine at various locations in Roane County.
If convicted, all 17 charged in the first indictment face a minimum mandatory term of 10 years in prison and a maximum of life, a maximum fine of $10 million, and at least five years of supervised release. Neal, if convicted, will face a minimum mandatory prison term of five years and a maximum of 40 years, a $5 million fine, and at least four years of supervised release. All also face mandatory court assessments.
This indictment is the result of a multi-agency investigation including the Roane County Sheriff’s Office, Federal Bureau of Investigation, Harriman Police Department, Kingston Police Department, Rockwood Police Department, Tennessee Bureau of Investigation, 9th Judicial Drug Task Force, Knox County Sheriff’s Office, Blount County Sheriff’s Office, and Tennessee Methamphetamine and Pharmaceutical Task Force. Assistant U.S. Attorney Brooklyn Sawyers will represent the United States.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
Detroit Drug Dealer Sentenced in Federal Court in HuntingtonRead the Press Release
Huntington, W.Va. – United States Attorney Booth Goodwin announced today that Gregory Lindsey, 23, of Detroit, Michigan, was sentenced in federal court in Huntington, West Virginia to four years and nine months in prison for possession with intent to distribute oxymorphone pills. Lindsey previously pled guilty in April of 2014, to possessing more than 50 oxymorphone pills, commonly known as “Opana,” that he intended to distribute at a home on Bailes Drive, in Nitro, West Virginia. At the time of his arrest, Lindsey was in the Bailes Drive home with the oxymorphone pills and a High Point 380 caliber semiautomatic pistol.
The case was investigated by the Metropolitan Drug Enforcement Network Team (MDENT). Assistant United States Attorney Monica D. Coleman handled the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription pills and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal heroin and pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
Desert Hot Springs Man Who Planted Pipe Bombs Near Ex-Girlfriend’s Residence Sentenced to 72 Months in Prison for Explosives ChargeRead the Press Release
RIVERSIDE, California – A man who left pipe bombs in a residential neighborhood in Palm Springs near the residence of an ex-girlfriend was sentenced today to 72 months in federal prison after pleading guilty to possession of an unregistered destructive device.
Edward Allen Costa, 49, who resided in Desert Hot Springs but was a fugitive for a time last year, was sentenced by United States District Judge Virginia A. Phillips.
Costa pleaded guilty in 2012 to being a felon in possession of a firearm as a result of evidence obtained during an investigation into the pipe bombs. He was sentenced to a year in prison and was finishing his sentence at a halfway house in Rubidoux when he walked away from the facility in August 2013. The fugitive was taken into custody in November 2013 by the Banning Police Department and the FBI.
While a fugitive last year, Costa was indicted for possessing six pipes bombs that were left in Palm Springs from May 8 through May 12 of 2012. “This type of device falls into the general category of “improvised explosive devices,” or more plainly, “homemade” bombs, prosecutors wrote in a sentencing memo that cited the “enormous public safety danger” posed by the devices.
The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case involving the pipe bombs. The Palm Springs Police Department and the Riverside County Sheriff’s Department provided substantial assistance.
Release No. 14-101
Community Health Systems Inc. to Pay $98.15 Million to Resolve False Claims Act AllegationsRead the Press Release
The Justice Department announced today that Community Health Systems Inc. (CHS), the nation’s largest operator of acute care hospitals, has agreed to pay $98.15 million to resolve multiple lawsuits alleging that the company knowingly billed government health care programs for inpatient services that should have been billed as outpatient or observation services. The settlement also resolves allegations that one of the company’s affiliated hospitals, Laredo Medical Center (LMC), improperly billed the Medicare program for certain inpatient procedures and for services rendered to patients referred in violation of the Physician Self-Referral Law, commonly known as the Stark Law. CHS is based in Franklin, Tennessee, and has 206 affiliated hospitals in 29 states.
“Charging the government for higher cost inpatient services that patients do not need wastes the country’s health care resources,” said Assistant Attorney General Stuart F. Delery for the Justice Department’s Civil Division. “In addition, providing physicians with financial incentives to refer patients compromises medical judgment and risks depriving patients of the most appropriate health care available. This department will continue its work to stop this type of abuse of the nation’s health care resources and to ensure patients receive the most appropriate care.”
The United States alleged that from 2005 through 2010, CHS engaged in a deliberate corporate-driven scheme to increase inpatient admissions of Medicare, Medicaid and the Department of Defense’s (DOD) TRICARE program beneficiaries over the age of 65 who originally presented to the emergency departments at 119 CHS hospitals. The government further alleged that the inpatient admission of these beneficiaries was not medically necessary, and that the care needed by, and provided to, these beneficiaries should have been provided in a less costly outpatient or observation setting. CHS agreed to pay $89.15 million to resolve these allegations. The settlement does not include hospitals that CHS acquired from Health Management Associates (HMA) in January 2014.
In addition, the government alleged that from 2005 through 2010, one of CHS’s affiliated hospitals, LMC in Laredo, Texas, presented false claims to the Medicare program for certain cardiac and hemodialysis procedures performed on a higher cost inpatient basis that should have been performed on a lower cost outpatient basis. The government also alleged that from 2007 through 2012, LMC improperly billed Medicare for services referred to LMC by a physician who was offered a medical directorship at LMC, in violation of the Stark Law. The Stark Law prohibits a hospital from submitting claims for patient referrals made by a physician with whom the hospital has an improper financial relationship, and is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives, and is instead based on the best interests of the patient. CHS agreed to pay $9 million to resolve the allegations involving LMC.
“This is the largest False Claims Act settlement in this district and it reaffirms this office’s commitment to investigate and pursue health care fraud that compromises the integrity of our health care system,” said U.S. Attorney David Rivera for the Middle District of Tennessee. “This office is committed to ensuring that all companies billing government healthcare programs are responsible corporate citizens and that hospital providers do not engage in schemes to increase medically unnecessary in-patient admissions of government healthcare program beneficiaries in order to increase profits.”
“This settlement demonstrates our commitment to working with our law enforcement partners and with the Department of Justice to protect the integrity of our nation’s health care system,” said U.S. Attorney Kenneth Magidson of the Southern District of Texas. “Put simply, these types of fraudulent practices will not be tolerated and the investigation and resolution of such claims will continue to be a high priority of this office.”
“Health care providers should make treatment decisions based on patients’ medical needs, not profit margins,” said U.S. Attorney Anne M. Tompkins for the Western District of North Carolina. “We will not allow this type of misconduct to compromise the integrity of our health care system.”
As part of today’s agreement, CHS entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG), requiring the company to engage in significant compliance efforts over the next five years. Under the agreement, CHS is required to retain independent review organizations to review the accuracy of the company’s claims for inpatient services furnished to federal health care program beneficiaries.
“In an effort to ensure the company’s fraudulent past is not its future, CHS agreed to a rigorous multi-year Corporate Integrity Agreement requiring that the company commit to compliance with the law,” said Inspector General Daniel R. Levinson, of the U.S. Department of Health and Human Services. “The dedicated work of OIG’s investigators, auditors, and attorneys, in concert with our law enforcement partners, has again resulted in the recovery of taxpayer dollars and better protection against fraud in the future.”
The settlement resolves lawsuits filed by several whistleblowers under the qui tam provisions of the False Claims Act, which permit private parties to file suit on behalf of the government and obtain a portion of the government’s recovery. Those relators are Kathleen Bryant, former Director of Health Information Management at CHS’s Heritage Medical Center in Shelbyville, Tennessee; Rachel Bryant, former nurse at CHS’s Dyersburg Hospital in Dyersburg, Tennessee; Bryan Carnithan, former Emergency Medical Services Coordinator at CHS’ Heartland Hospital in Marion, Illinois; Amy Cook-Reska, former coder for CHS’ LMC in Laredo; Sheree Cook, former nurse at CHS’s Heritage Medical Center in Shelbyville; James Doghramji, former internal medicine and emergency room physician at CHS’s Chestnut Hill Hospital in Philadelphia; Thomas Mason, former emergency room physician at Lake Norman Regional Medical Center in Mooresville, North Carolina; Scott Plantz, former emergency room physician at CHS’s Longview Regional Medical Center in Longview, Texas; and Nancy Reuille, former nurse and Supervisor of Case Management at CHS’s Lutheran Hospital in Fort Wayne, Indiana. The relators’ share of the settlement has not yet been determined.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $20.2 billion through False Claims Act cases, with more than $14 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of a coordinated effort by the U.S. Attorney’s Offices for the Middle District of Tennessee, Southern District of Texas, Northern and Southern Districts of Illinois, Northern District of Indiana and Western District of North Carolina; the Civil Division’s Commercial Litigation Branch; HHS-OIG; DOD’s Defense Health Agency - Program Integrity Office and the FBI.
The lawsuits are captioned United States ex rel. Bryant v. Community Health Systems, Inc., et al., Case No. 10-2695 (S.D. Tex.); United States ex rel. Carnithan v. Community Health Systems, Inc., et al., Case No. 11-cv-312 (S.D. Ill.); United States ex rel. Cook-Reska v. Community Health Systems, Inc., et al., Case No. 4:09-cv01565 (S.D. Tex.); United States ex rel. James Doghramji; Sheree Cook; and Rachel Bryant v. Community Health Systems Inc., et al., Case No. 3-11-cv-00442 (M.D. Tenn.); United States ex rel. Mason v. Community Health Systems, Inc., et al., Case No. 3:12-cv-817 (W.D.N.C.); United States ex rel. Plantz v. Community Health Systems, Inc., et al., Case No. 10C-0959 (N.D. Ill.); United States ex rel. Reuille v. Community Health Systems Professional Services Corporation, et al., Case No. 1:09-cv-007RL (N.D. Ind.). The claims resolved by this agreement are allegations only and there has been no determination of liability.
Community Health Systems Inc. to Pay $98.15 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON B The Justice Department announced today that Community Health Systems Inc. (CHS), the nation’s largest operator of acute care hospitals, has agreed to pay $98.15 million to resolve multiple lawsuits alleging that the company knowingly billed government health care programs for inpatient services that should have been billed as outpatient or observation services. The settlement also resolves allegations that one of the company’s affiliated hospitals, Laredo Medical Center (LMC), improperly billed the Medicare program for certain inpatient procedures and for services rendered to patients referred in violation of the Physician Self-Referral Law, commonly known as the Stark Law. CHS is based in Franklin, Tennessee, and has 206 affiliated hospitals in 29 states.
“Charging the government for higher cost inpatient services that patients do not need wastes the country’s health care resources,” said Assistant Attorney General Stuart Delery for the Justice Department=s Civil Division. “In addition, providing physicians with financial incentives to refer patients compromises medical judgment and risks depriving patients of the most appropriate health care available. This department will continue its work to stop this type of abuse of the nation’s health care resources and to ensure patients receive the most appropriate care.”
The United States alleged that from 2005 through 2010, CHS engaged in a deliberate corporate-driven scheme to increase inpatient admissions of Medicare, Medicaid and the Department of Defense’s (DOD) TRICARE program beneficiaries over the age of 65 who originally presented to the emergency departments at 119 CHS hospitals. The government further alleged that the inpatient admission of these beneficiaries was not medically necessary, and that the care needed by, and provided to, these beneficiaries should have been provided in a less costly outpatient or observation setting. CHS agreed to pay $89.15 million to resolve these allegations. The settlement does not include hospitals that CHS acquired from Health Management Associates (HMA) in January 2014.
In addition, the government alleged that from 2005 through 2010, one of CHS’s affiliated hospitals, LMC in Laredo, Texas, presented false claims to the Medicare program for certain cardiac and hemodialysis procedures performed on a higher cost inpatient basis that should have been performed on a lower cost outpatient basis. The government also alleged that from 2007 through 2012, LMC improperly billed Medicare for services referred to LMC by a physician who was offered a medical directorship at LMC, in violation of the Stark Law. The Stark Law prohibits a hospital from submitting claims for patient referrals made by a physician with whom the hospital has an improper financial relationship, and is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives, and is instead based on the best interests of the patient. CHS agreed to pay $9 million to resolve the allegations involving LMC.
“Health care providers should make treatment decisions based on patients’ medical needs, not profit margins,” said U.S. Attorney Anne M. Tompkins for the Western District of North Carolina. “We will not allow this type of misconduct to compromise the integrity of our health care system.”
“This significant settlement reaffirms this office's promise to investigate and pursue health care fraud of all kinds,” said U.S. Attorney David Rivera for the Middle District of Tennessee. “CHS is headquartered in this district. It engaged in a scheme to admit more inpatients to increase its profits, not because those beneficiaries needed a higher level of care. Our office is committed to ensuring that all companies billing government healthcare programs are responsible corporate citizens and appropriately bill for care that is medically necessary.”
“This settlement demonstrates our commitment to working with our law enforcement partners and with the Department of Justice to protect the integrity of our nation’s health care system,” said U.S. Attorney Kenneth Magidson of the Southern District of Texas. “Put simply, these types of fraudulent practices will not be tolerated and the investigation and resolution of such claims will continue to be a high priority of this office.”
As part of today’s agreement, CHS entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services - Office of Inspector General (HHS-OIG), requiring the company to engage in significant compliance efforts over the next five years. Under the agreement, CHS is required to retain independent review organizations to review the accuracy of the company’s claims for inpatient services furnished to federal health care program beneficiaries.
“In an effort to ensure the company’s fraudulent past is not its future, CHS agreed to a rigorous multi-year Corporate Integrity Agreement requiring that the company commit to compliance with the law,” said Inspector General Daniel R. Levinson, of the U.S. Department of Health and Human Services. “The dedicated work of OIG’s investigators, auditors, and attorneys, in concert with our law enforcement partners, has again resulted in the recovery of taxpayer dollars and better protection against fraud in the future.”
The settlement resolves lawsuits filed by several whistleblowers under the qui tam provisions of the False Claims Act, which permit private parties to file suit on behalf of the government and obtain a portion of the government’s recovery. Those relators are Kathleen Bryant, former Director of Health Information Management at CHS’s Heritage Medical Center in Shelbyville, Tennessee; Rachel Bryant, former nurse at CHS’s Dyersburg Hospital in Dyersburg, Tennessee; Bryan Carnithan, former Emergency Medical Services Coordinator at CHS’ Heartland Hospital in Marion, Illinois; Amy Cook-Reska, former coder for CHS’ LMC in Laredo; Sheree Cook, former nurse at CHS’s Heritage Medical Center in Shelbyville; James Doghramji, former internal medicine and emergency room physician at CHS’s Chestnut Hill Hospital in Philadelphia; Thomas L. Mason, former emergency room physician at Lake Norman Regional Medical Center in Mooresville, North Carolina; Scott Plantz, former emergency room physician at CHS’s Longview Regional Medical Center in Longview, Texas; and Nancy Reuille, former nurse and Supervisor of Case Management at CHS’s Lutheran Hospital in Fort Wayne, Indiana. The relators’ share of the settlement has not yet been determined.
The allegations against CHS were filed in the Western District of North Carolina by Relator Thomas L. Mason in April 2011. Dr. Mason had previously filed a qui tam lawsuit against another hospital chain, Health Management Associates (HMA). On April 18, 2011, Dr. Mason added allegations and claims against CHS to this previously filed qui tam. Allegations against the two different hospital chains were subsequently severed and the case against HMA was transferred, along with eight other qui tam cases filed against HMA, to the United States District Court in Washington, D.C. for consolidated pre-trial practice.
“We thank relator Dr. Mason for his insight and assistance in this case,” said U.S. Attorney Tompkins. “He and his lawyers have been available to assist the United States multiple times in this case.” Tompkins added that “information from citizens like Dr. Mason and the work of their legal representatives is essential to detecting and stopping fraud against government health care programs and recovering public funds.”
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $20.2 billion through False Claims Act cases, with more than $14 billion of that amount recovered in cases involving fraud against federal health care programs.
This settlement was the result of a coordinated effort by the U.S. Attorney=s Offices for the Middle District of Tennessee, Southern District of Texas, Northern and Southern Districts of Illinois, Northern District of Indiana and Western District of North Carolina; the Civil Division’s Commercial Litigation Branch; HHS-OIG; DOD’s Defense Health Agency - Program Integrity Office and the FBI.
The lawsuits are captioned United States ex rel. Bryant v. Community Health Systems, Inc., et al., Case No. 10-2695 (S.D. Tex.); United States ex rel. Carnithan v. Community Health Systems, Inc., et al., Case No. 11-cv-312 (S.D. Ill.); United States ex rel. Cook-Reska v. Community Health Systems, Inc., et al., Case No. 4:09-cv01565 (S.D. Tex.); United States ex rel. James Doghramji; Sheree Cook; and Rachel Bryant v. Community Health Systems Inc., et al., Case No. 3-11-cv-00442 (M.D. Tenn.); United States ex rel. Mason v. Community Health Systems, Inc., et al., Case No. 3:12-cv-817 (W.D.N.C.); United States ex rel. Plantz v. Community Health Systems, Inc., et al., Case No. 10C-0959 (N.D. Ill.); United States ex rel. Reuille v. Community Health Systems Professional Services Corporation, et al., Case No. 1:09-cv-007RL (N.D. Ind.). The claims resolved by this agreement are allegations only and there has been no determination of liability.
Columbia Felon Sentenced to 15 Years on Federal Firearms and Ammunition ChargeRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina -----United States Attorney Bill Nettles stated today that RICHARD A. WILLIAMS, age 42, of Columbia, South Carolina was sentenced today in federal court to 180 months (15 years) imprisonment, to be followed by five (5) years of supervised release. WILLIAMS plead guilty this past May to being a felon in possession of firearms and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(e). Senior United States District Judge Margaret B. Seymour imposed the sentence after finding that WILLIAMS was an armed career criminal subject to enhanced penalties based upon his extensive prior record in state court.
Evidence presented at the earlier change of plea hearing established that at approximately 7:18 pm on July 30, 2013, officers with the Columbia Police Department responded to the Fast Point Convenience Store on Fairfield Road, in reference to an alarm call. Upon arriving at the scene, officers observed WILLIAMS on the side of the building with his hand tucked into his waistline underneath his shirt. WILLIAMS, after making eye contact with officers, abruptly turned and ran. Despite officers yelling for him to stop, WILLIAMS continued running and dropped two firearms to the ground before ultimately being stopped by officers. Officers recovered the two firearms dropped by WILLIAMS, a Smith & Wesson .32 caliber revolver and a Glock 9mm pistol loaded with 17 rounds of 9mm ammunition, and also recovered a small amount of marijuana in two plastic baggies in WILLIAMS’ right pocket, along with two box cutter knives.
The investigation revealed that WILLIAMS is prohibited under federal law from possessing firearms and/or ammunition based upon his prior state convictions. WILLIAMS was deemed an armed career criminal based upon his prior record, which includes convictions for assault and battery with intent to kill (stemming from shooting in November 1990), assault & battery, voluntary manslaughter (stemming from a shooting in June 1990), and possession with intent to distribute cocaine.
The case was investigated by the Columbia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.Chiropractor Sentenced to 27 Months in Federal Prison for Role in Insurance Fraud SchemeRead the Press Release
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Deirdre M. Daly, United States Attorney for the District of Connecticut, and Patricia M. Ferrick, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that MARC KIRSHNER, 49, of Stamford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 27 months of imprisonment, followed by three years of supervised release, for his role in an extensive insurance fraud scheme.
This matter stems from “Operation Running Man,” a 14-month undercover fraud investigation headed by the Federal Bureau of Investigation.
According to court documents and statements made in court, KIRSHNER owned and operated Health First Medical PC (“Health First”), a now-defunct chiropractic practice that had two offices in Bridgeport and one in Stamford. From approximately December 2006 to February 2010, KIRSHNER conspired with attorney Joseph Haddad and others to defraud several insurance companies by exaggerating the auto accident injuries of Haddad’s clients to justify a larger monetary settlement with the insurance companies. As part of this scheme, the co-conspirators fabricated medical records, prescribed unnecessary pain medication, performed unnecessary chiropractic treatment, ordered and billed for diagnostic tests of questionable medical value, and overstated injuries or permanent partial disabilities that were allegedly caused by the accidents.
KIRSHNER met with Haddad numerous times to provide him with cash in exchange for checks made out to KIRSHNER, knowing that Haddad could use the cash for, among other things, paying individuals to find potential victims of auto accidents for Haddad to represent. During the course of the conspiracy, these cash payments totaled as much as $100,000. KIRSHNER also allowed Haddad to establish what Health First would be paid for services rendered, which allowed Haddad to misrepresent and inflate the size of medical bills tendered to the victim insurance carriers for payment.
KIRSHNER and Health First established a protocol to treat patients in Haddad’s cases for six months, regardless of medical need, and would not resolve treatment of patients unless instructed to do so by Haddad. After the six-month period, each patient would receive a permanent partial disability rating, regardless of the permanence of the medical condition. If a patient had received a permanency rating for a prior accident, the protocol was to give a higher or different disability rating for the present accident.
KIRSHNER also knew that Haddad was using Francisco Carbone as a treating physician for clients even though Carbone had lost his medical license. KIRSHNER never challenged Haddad’s continued use of Carbone, or questioned Carbone’s role in the obtaining for clients prescriptions for unduly strong pain medication, including hydrocodone, Vicodin, and Percocet.
KIRSHNER also owned a diagnostic testing company, Midas Medical LLC, and instructed his employees to conduct Nerve Conduction Velocity (NCV) Tests whenever a patient’s symptoms could potentially implicate testing, even though he knew the test results would not change the course of treatment. KIRSHNER arranged for Carbone to order the tests, believing that, if ordered by a doctor, the tests would be given greater weight by the victim insurance companies and increase the likelihood of higher settlement payments. KIRSHNER’s office would submit a bill to Haddad in the amount of approximately $2000 for each NCV test that was performed, which would eventually be paid out of settlement proceeds.
In addition, KIRSHNER, Haddad and Carbone engaged in a scheme to defraud the State of Connecticut. By law, the state is entitled to 50 percent of the proceeds of a personal injury case if the individual who receives a settlement has been on public assistance, or has outstanding child support obligations. Haddad provided fraudulent settlement statements to the state that inflated the payments to him, KIRSHNER and Carbone, and reduced the net payout to the client.
KIRSHNER and Carbone, at Haddad’s request, regularly kicked back a portion of their medical fees to Haddad’s clients.
More than 10 insurance carriers lost a total of approximately $1.7 million as a result of this fraud scheme.
Today, KIRSHNER was ordered to pay $1,692,798 in restitution to the victim insurance carriers.
KIRSHNER was sentenced below the recommended sentencing guidelines range for cooperating during the investigation.
On December 7, 2011, KIRSHNER pleaded guilty to one count of conspiring to commit mail fraud to defraud insurance carriers. He was ordered to report to prison on October 8, 2014.
Haddad, Carbone, three other chiropractors, and a licensed doctor of osteopathic medicine pleaded guilty to charges stemming from this scheme. On July 10, 2014, Haddad was sentenced to 51 months of imprisonment and, on July 18, 2014, Carbone was sentenced to 24 months of imprisonment.
This matter was investigated by the Federal Bureau of Investigation, with the assistance of the National Insurance Crime Bureau, the Metropolitan Property and Casualty Insurance’s Special Investigation Unit and the Travelers Insurance Company.
The case is being prosecuted by Assistant U.S. Attorneys Christopher W. Schmeisser and David J. Sheldon.
PUBLIC AFFAIRS CONTACT:
U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
[email protected]Brothers Sentenced for Possession of Firearms Found at A Fresno County Marijuana CultivationRead the Press Release
FRESNO, Calif. — Rudy Alberto Gonzalez Rocha, 29, and his brother, Eloy Damian Gonzalez Rocha, 33, both of Jalisco, Mexico, were sentenced today in federal court for being aliens in possession of firearms seized from a marijuana cultivation site, U.S. Attorney Benjamin B. Wagner announced.
Rudy Gonzalez was sentenced to three years and one month in prison and Eloy Gonzalez was sentenced to two and a half years in prison. They are subject to deportation to Mexico upon completion of their sentence. Earlier this year, the Gonzalez brothers entered guilty pleas to being illegal aliens in possession of three firearms, one of which was reported stolen from Arkansas and another having an obliterated serial number. The guns were found during the execution of a narcotics search warrant at the men’s leased residence in Dunlap.
According to court documents, at the beginning of this year, Fresno County Sheriff deputies had been dispatched to the property to investigate several calls about people coming and going to and from the property, which had a strong odor of marijuana. Deputies seized 260 marijuana plants, more than 200 pounds of processed marijuana, and $17,120 in cash, along with the firearms. The defendants have agreed to the forfeiture of the money and guns. In addition to imposing sentence, Senior U.S. District Judge Anthony W. Ishii also ordered the forfeiture of the cash and firearms.
“The firearms seized from these defendants are a further testament to the fact that the criminal organizations involved in illegal marijuana cultivation operations have no qualms about using violence against those who get in their way,” said Mike Prado, resident agent in charge of HSI Fresno. “This case is also an important reminder about the important role federal and local collaboration plays in combatting this public safety threat and ensuring that those responsible are brought to justice.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Fresno County Sheriff’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Bond Claim Attorney Pleads Guilty to Embezzling over $3 Million in Mail Fraud SchemeRead the Press Release
Used the Stolen Funds to Purchase Luxury Vehicles, a Yacht, and to Fund a NASCAR Team
Baltimore, Maryland – Saleh Stevens, age 41, of Owings Mills, Maryland, pleaded guilty today to mail fraud, in connection with a scheme to embezzle over $3 million from the insurance company where he worked.The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Stephen E. Vogt of the Federal Bureau of Investigation.
According to Stevens’ plea agreement, from September 2011 through November 2013, Stevens, a licensed attorney, was employed as a senior claims adjuster and bond claim attorney for an insurance company with offices in Towson, Maryland. In this position, Stevens was responsible for reviewing and managing claims related to surety bonds, generally for construction projects. The insurance company also hired outside certified public accounting (CPA) firms to assist with claims processing.
Stevens admits that beginning in December 2011, he embezzled funds from the insurance company’s surety accounts. Stevens used his position as a bond claim attorney to direct the outside CPA firms to issue checks from the insurance company’s surety accounts to third-party bank accounts of entities controlled by Stevens, his friends, or family members. For example, Stevens paid a high school friend $40,000 in exchange for opening a nominee company with a bank account, and attempted to have a former law school classmate also open a bank account for a fictional company. In some instances, Stevens directed the owners of these accounts to issue checks to Stevens for his personal benefit or to send funds to other payees, such as credit card companies on Stevens’ behalf. In other instances, Stevens directed the CPA firms to issue checks to entities he controlled. Stevens also used his daughter and his former law school classmate to launder money, without explaining to them the source of the funds.
Stevens used the embezzled funds to purchase luxury automobiles, including a Maserati and a Mercedes; to fund a NASCAR racing team; to pay cash gifts to friends; to purchase a yacht, and to pay college tuition for his daughter.
Stevens also admits that he filed false individual tax returns for 2011, 2012 and 2013, failing to report a total of $3,119,129.22, the amount embezzled from the insurance company.
As part of his plea agreement, and as a condition of his supervised release, Stevens must pay the IRS all additional taxes, interest and penalties that he owes for tax years 2011 – 2013. In addition, Stevens has agreed to the entry of a restitution order for $3,119,129, the full amount of the insurance company’s loss, less any amount returned to the company prior to sentencing.
Saleh Stevens faces a maximum sentence of 20 years in prison for mail fraud and a fine of $250,000 or twice the gross gain or loss caused by the offense. U.S. District Judge J. Frederick Motz has scheduled Stevens’ sentencing for November 12, 2014 at 9:15 a.m.
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 praised the FBI for its work in the investigation and thanked Assistant United States Attorney Gregory R. Bockin, who is prosecuting the case.Belen Man Sentenced to Prison for Conviction on Federal Bank Fraud and Conspiracy ChargesRead the Press Release
ALBUQUERQUE –Raymundo Silva, 35, of Belen, N.M., was sentenced on Friday to 30 months in federal prison followed by five years of supervised release for his conviction on bank fraud and conspiracy charges.
Silva and his co-defendants, Christina Knight, 29, of Albuquerque, N.M., and Patricia Diaz, 35, of Los Lunas, N.M., were indicted in Aug. 2013, on conspiracy, bank fraud and aggravated identity theft charges. The trio subsequently was charged in a 31-count superseding indictment alleging conspiracy to commit bank fraud; 24 counts of bank fraud, including eight counts against Silva, three counts against Diaz, and 13 counts against Knight; and six counts of aggravated identity theft against Knight.
The superseding indictment generally charged Silva, Knight and Diaz with engaging in a scheme to commit bank fraud between Dec. 2011 and April 2013. According to the superseding indictment, Silva, Knight and Diaz perpetuated the scheme by stealing checks from residential mailboxes, altering the names of payees and the amounts on the checks, and cashing the checks using either their own identities or, in the case of Knight, the identities of others.
On Oct. 28, 2013, Diaz entered a guilty plea to the bank fraud conspiracy and three substantive bank fraud charges, and Knight entered a guilty plea on Feb. 20, 2014, to the bank fraud conspiracy, 13 substantive bank fraud charges, and one count of aggravated identity theft. Silva was convicted on Feb. 27, 2014, on the bank fraud conspiracy and five substantive bank fraud charges after a four-day jury trial.
According to court records and trial evidence, in Dec. 2011, a Los Lunas police officer investigating a check washing and identity theft ring targeted a sedan seen leaving a Los Lunas bank following a failed attempt to cash a fraudulent check. In Feb. 2012, after surveillance established that the sedan frequently visited a residence in Belen, Los Lunas police officers executed a search warrant at the residence and seized chemicals and other products commonly used to wash and alter checks, several driver’s licenses, college IDs and Social Security cards, bank receipts and other evidence.
Investigation by Homeland Security Investigations (HSI) and the Los Lunas Police Department identified Silva, Knight and Diaz as the members of the bank fraud scheme in late 2012, following the theft of five checks from the mailbox of a Los Lunas residence. Silva cashed one of the checks on Dec. 26, 2012, and between Dec. 20, 2012 and Jan. 4, 2013, Knight cashed three of the checks by using the identification of another person. Each of these four checks had been altered by changing the name of the payee and amount. Laboratory analysis by HSI revealed that the chemicals seized from Silva’s residence were used to wash the checks.
Diaz was sentenced on March 18, 2014, to 62 days of time-served followed by five years of supervised release and was ordered to pay $400.00 in restitution. On June 5, 2014, Diaz was arrested for violating the conditions of her supervised release. She was sentenced on July 10, 2014, to three months in custody followed by four years of supervised release.
Knight has been in federal custody since her arrest and remains detained pending her sentencing hearing which is scheduled for Sept. 9, 2014.
This case was investigated by the Albuquerque office of HSI and the Los Lunas Police Department and is being prosecuted by Assistant U.S. Attorneys Norman Cairns and Paul Mysliwiec.
Barker Man Pleads Guilty to Drug ChargeRead the Press Release
BUFFALO, N.Y.—U.S. Attorney William J. Hochul, Jr. announced today that Richard Dwyer, 28, of Barker, N.Y., pleaded guilty to conspiracy to import alpha-PVP, a synthetic narcotic, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, a fine of $1,000,000 or both.
According to Assistant U.S Attorney Mary Catherine Baumgarten, who is handling the case, the defendant, along with his wife Erin Dwyer and David Jackson, conspired to import the synthetic narcotics from China using the Internet. The packages were then delivered to the defendant via the United States Postal Service.
Charges against Erin Dwyer and David Jackson are pending. 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 Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, and the United States Postal Inspection Service, under the direction of Acting Special Agent in Charge Shelly Binkowski,
Sentencing is scheduled for November 13, 2014 at 1:00 p.m. before Judge Arcara.Atlantic Beach Resident Sentenced for Making False Distress Calls to the U.S. Coast GuardRead the Press Release
RALEIGH – United States Attorney Thomas G. Walker announced that today in federal court, before United States District Judge Terrence W. Boyle, HOMER LEWIS BLACKBURN , 27, of Atlantic Beach, North Carolina, was sentenced to 18 months of imprisonment and 3 years supervised release and was ordered to pay $288,390.80 in restitution. On May 2, 2014 BLACKBURN entered a guilty plea to making false distress calls to the United States Coast Guard.
According to information in the public record, on October 8, 2013, Coast Guard Sector North Carolina received a “MayDay” call in which the caller claimed he was sinking and abandoning his boat in the vicinity of Cape Lookout and Shackleford Banks, North Carolina. Upon receipt of the distress call, the U.S. Coast Guard, assisted by the U.S. Marine Corps, the National Park Service and a local salvage company commenced search and rescue operations using helicopters and boats to search the area. Ultimately, the Coast Guard determined that the call was a hoax, but not until after $288,390.80 worth of resources were expended.
Shortly thereafter, Coast Guard Investigative Service (“CGIS”) began an investigation and received information from a witness who identified the caller as HOMER LEWIS BLACKBURN and confirmed it was a hoax. The witness stated that BLACKBURN used a CB radio he mounted to the balcony of his apartment in Atlantic Beach, North Carolina to make the call. She heard him saying,“Mayday, Mayday” and that he was sinking in the vicinity of Cape Lookout, NC. She then told officers that BLACKBURN went out to the balcony to watch the helicopters search Cape Lookout. When the press reported that the call was a hoax, BLACKBURN sent the witness a text message on her phone asking her not to tell anyone about the call.
During the investigation, another witness came forward and claimed that BLACKBURN bragged about making the hoax calls, BLACKBURN admitted he reported that he was sinking off Cape Lookout, and that he, BLACKBURN, thought the calls were funny.
BLACKBURN subsequently confessed to making the hoax calls.
"False distress calls limit the Coast Guard's ability to respond to actual emergencies," said Captain Sean Murtagh, commander of Sector North Carolina. "Ultimately, they penalize the local communities and mariners the Coast Guard is charged to protect by unnecessarily endangering the lives of responders and wasting hundreds of thousands of tax payer dollars. Through the vigilance of the public, our strong partnerships with the Department of Justice, the U.S. Attorney's Office, and our Coast Guard Investigative Service, this case affirms our collective commitment to holding accountable those individuals who make hoax calls."
The search and rescue efforts were led by United States Coast Guard – 5th District and Coast Guard Sector North Carolina. The criminal investigation of this case was conducted by the United States Coast Guard Investigative Service. Assistant United States Attorney Banumathi Rangarajan prosecuted the case with assistance from Assistant United States Attorney Evan Rikhye.
23 Year Old Charleston Man Pleads Guilty to Selling HeroinRead the Press Release
Charleston, W.Va. – United States Attorney Booth Goodwin announced that Ricky Williams, 23, of Charleston, West Virginia plead guilty today in federal court in Charleston, to distribution of heroin. During his guilty plea, Williams admitted that in September of 2013, he sold heroin in Charleston to an individual who was working as a confidential informant (CI) for the Metropolitan Drug Enforcement Network Team (MDENT). In return for the heroin, Williams received $100. Williams also admitted that he had sold heroin to the CI in Charleston on two other occasions.
Williams faces up to 20 years imprisonment when he is sentenced on October 23, 2014.
This case was investigated by MDENT. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription pills and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal heroin and pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
"Aiken Safe Communities": Two Men Indicted on Federal Gun ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina -----United States Attorney William N. Nettles, stated today that two Aiken men, Jesse James Quarles, 33, and Kenneth Islar, 27, have been indicted by a federal grand jury in separate indictments, charging each with felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1). During arraignment hearings this last Tuesday morning in federal court in Columbia, the government requested that both men be detained. Quarles and Islar entered not guilty pleas, waived their right to a detention hearing, and remain in custody.
Mr. Nettles stated the penalty for felon in possession is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100. However, should either Quarles or Islar be classified based on prior criminal history as an Armed Career Criminal, they would be subject to enhanced penalties--a mandatory minimum term of imprisonment of 15 years and a maximum term of life in prison, a fine of $250,000, a five-year term of supervised release, and a special assessment fee of $100. Both cases have been assigned to United States District Court Judge J. Michelle Childs in Columbia, South Carolina.
Launched in early 2013, the Aiken Safe Communities Initiative is a unified, proactive community approach to engage, educate, and encourage recurring offenders to change their behavior and make healthy life choices. The initiative also bands together local, state, and federal law enforcement to expedite the investigation and prosecution of individuals who reoffend, despite opportunities and assistance offered by the community during public notification meetings held at Aiken City Hall to support a law abiding path. From 2012-2013, the city of Aiken experienced an 86% reduction in murders. Earlier this year, the South Carolina Community Development Association presented the city of Aiken with its 2014 Award of Excellence, recognizing community development efforts that have significantly improved the quality of life in the community. Nettles said, “I drove to Aiken and sat in the room with both of these individuals looked them in the eye and promised them that if they were ever found to have a gun I was going to prosecute them. This office is following through on the promise I made to them and to the people of South Carolina.”
Both cases were investigated by the Aiken Department of Public Safety, the 2nd Circuit Solicitor’s Office (Aiken, Bamberg, and Barnwell counties), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). These prosecutions as well as the United States Attorney’s Office ongoing commitment to the Aiken Safe Communities Initiative are part of Operation CeaseFire. CeaseFire is a joint local, state, and federal initiative which seeks to prosecute aggressively individuals who unlawfully use, possess, or transfer firearms. Both cases are assigned to Assistant United States Attorney Lance Crick of the Greenville office.
Saturday 2 August 2014
Jury Convicts Ville Platte Man of Armed Robbery of St. Landry Parish Convenience StoreRead the Press Release
LAFAYETTE, La. –A trial of two Ville Platte men ended with a jury finding one man guilty and a verdict deadlocked for the second man on charges stemming from a robbery of more than $11,000 from a truck stop and a casino in St. Landry Parish, U.S. Attorney Stephanie A. Finley announced.
The trial started on Monday for Ronald James Doomes, 25, and Arinkis Tryvon Orlandeze Jones, 24, both of Ville Platte, La. Both were charged with one count of interference with commerce by robbery and one count of use and carrying of a firearm during and in relation to a crime of violence. After a four-day trial, on Thursday, the jury delivered guilty verdicts on both counts against Doomes. The jury deliberated for over five hours. Deliberations on the charges against Jones continued until late Friday morning when they sent a note to the judge declaring they could not reach a unanimous verdict on either count. U.S. District Judge Elizabeth E. Foote declared a mistrial on Friday as to defendant Jones. Defendant Jones is scheduled for re-trial on August 25, 2014.
Doomes, Jones and Steven Dudley Nelson, 25, also of Ville Platte, were indicted in a superceding indictment on October 24, 2012, on charges that they took part in an armed robbery on April 8, 2011, at the Tiger Trax Truckstop #7 and Video Joker II Casino located in St. Landry Parish. Nelson pleaded guilty on October 28, 2013, to interference with commerce by robbery and use and carrying of a firearm during and in relation to a crime of violence. The sentencing date for Nelson is currently for August 7, 2014.
Doomes faces 20 years in prison for interference with commerce by robbery and seven years to life in prison for use and carrying of a firearm during and in relation to a crime of violence. He also faces up to five years of supervised release, restitution, forfeiture of the guns used and a $250,000 fine for each count. A sentencing date of November 15, 2014 was set for Doomes.
“This robbery was an act of brutality that placed innocent employees’ and customers’ lives at risk,” Finley stated. “I hope this case serves to dispel the notion that robbery is a quick and easy way to make money. If you commit this crime, you will be punished to the fullest extent of the law.”
This case is part of Project Safe Neighborhoods. Project Safe Neighborhoods is a Department of Justice initiative designed to reduce firearm crimes by removing dangerous and persistent felons from the community and promote firearm safety. The PSN attorneys prosecute a variety of federal firearms violations listed in Titles 18 and 26 of the U.S. Code, including illegal possession of firearms and commission of crimes with firearms.
The FBI, ATF and the St. Landry Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Joseph T. Mickel prosecuted the case.
Friday 1 August 2014
“In Celebration of Seva: Our Community Gathers to Recognize Devoted Service to Humanity”Read the Press Release
United States Attorney Announces Commemorative Program as the Nation Observes the Second Anniversary of the Hate Crimes Violence at the Sikh Gurdwara in Oak Creek
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that a special commemoration and awards ceremony will be held on Wednesday, August 6, 2014, from 2:00 p.m. to 3:30 p.m. at the Oak Creek Community Center, located at 8580 South Howell Avenue in Oak Creek, Wisconsin. This community gathering, “In Celebration of Seva,” (the Sikh principle of “service”) is among many programs and events locally and nationwide in observance of the second anniversary of the hate crimes violence at the Sikh Gurdwara in Oak Creek in August of 2012.
Among other significant components of the program, members of Wisconsin’s Congressional Delegation will be conferring the United States Attorney General’s State and Local Law Enforcement Congressional Badges of Bravery on Lieutenant Brian Murphy and Officer Savan “Sam” Lenda, both of the Oak Creek Police Department, whose courageous and selfless law enforcement actions ended the violence at the Sikh Gurdwara and saved the lives of congregation members. United States Attorney Santelle anticipates that Senator Ron Johnson, Senator Tammy Baldwin, Congressman Paul Ryan, and Congresswoman Gwen Moore, or their representatives will present the Badges of Bravery and make remarks on the significance of the local, statewide, and national law enforcement actions of two years ago.
The Congressional Badge of Bravery is awarded to a public safety officer who has sustained a physical injury in the line of duty while performing an act of bravery, or if not injured, performed an act of bravery that placed the officer at risk of serious physical injury or death. Attorney General Eric H. Holder, Jr. selected Lieutenant Murphy and Officer Lenda for their “extraordinary bravery above and beyond the call of duty,” while also commending the service of numerous other agents, officers, and employees of federal, state, and local law enforcement for their critically important responsive actions.
In addition, United States Attorney Santelle will be conferring Distinguished Public Service Awards on some ten area attorneys who, over the period of the past two years, have provided critically important pro bono legal service and counsel to the family members of the victims of the violence. The attorneys who will be recognized specially for their service to the community are Sklkime Abduli, Priya Moti Bhatia, Kelley A. Chenhalls, Laura J. Fernandez, Thomas C. Hochstatter, Gail K. McCarthy, Jennifer L. Nissen, Davorin J. Odrcic, Maria T. Ryan, and Jessie Schreier.
The program will also include an encore presentation of “Waking in Oak Creek”—a reflective and inspiring documentary about the responsive care, abiding support, and transcendent spirit of a faith congregation and a harmonious community that rejected hate in favor of humanity. This film was produced by the professional staff of the Working Group/Not in Our Town Initiative, led by Executive Officer and Director Patrice O’Neill, in partnership and association with the United States Department of Justice’s Office of Community Policing Services (COPS).
The Honorable Stephen Scaffidi, Mayor of the City of Oak Creek, Police Chief John Edwards, City of Oak Creek Police Department, and other state and local officials will be speaking about the events of early August of 2012 and about the response of the Oak Creek Community, the State of Wisconsin, and the nation in promoting healing, safety, security, understanding, and growth. Finally, Dr. Kulwant S. Dhaliwal, President of the Sikh Temple of Wisconsin, and Dr. Gurcharan S. Grewal, President of the Sikh Religious Society of Wisconsin, will convey remarks about “seva”—that is, the humanitarian commitment to service to all women and men—and similarly speak about the experiences of the Skih congregations that they lead.
This ceremony is presented and sponsored by the Office of the United States Attorney for the Eastern District of Wisconsin, the Bureau of Justice Assistance of the Office of Justice Programs of the United States Department of Justice, in partnership with the Delegation to the United States Congress from the State of Wisconsin, the City of Oak Creek, the Sikh Community of the State of Wisconsin, and the Working Group/Not in Our Town Initiative. United States Attorney Santelle acknowledges and expresses appreciation to the leadership and the community of the City of Oak Creek for their support and assistance in organizing and presenting this program.
Members of the media should call Public Information Officer Dean Puschnig at (414) 297-1774 to confirm their attendance.
York Springs Man Charged with Workers' Compensation FraudRead the Press Release
The U.S. Attorney's Office for the Middle District of Pennsylvania announced that a criminal information was filed in U.S. District Court in Harrisburg yesterday charging Robert M. Fowler, 60, of York Springs, Pennsylvania, with workers' compensation fraud involving $24,934.68 of benefits he was not entitled to receive. If convicted, Fowler faces up to five years' imprisonment, $250,000 in fines and restitution. A plea agreement was also filed indicating that Fowler intends to plead guilty when he appears for his arraignment in federal court. The plea agreement is subject to approval by the Court
According to U.S. Attorney Peter Smith, Fowler allegedly sustained an on-the-job injury in 1999 while working at the Defense Industrial Plant Equipment Center in Mechanicsburg, Pennsylvania, and began receiving federal workers' compensation benefits from the Office of Workers' Compensation Programs (OWCP) shortly thereafter. Recipients of these benefits are required to submit forms to OWCP on a periodic basis to insure they are still eligible to receive the benefits.
The criminal charge filed today allegedly indicates that Fowler lied on several forms he submitted to OWCP because he falsely claimed he was not incarcerated during the prior 15 months for a felony and was residing with his wife. In fact, Fowler was in the Adams County Jail between September 2012 and July 2013 and had not resided with his wife between October 2010 and March 2014. As a result of the false statements, OWCP paid Fowler $24,934.18 which he was not entitled to receive.
The case was investigated by the U.S. Department of Labor, Office of Inspector General, and is assigned to Senior Litigation Counsel Bruce Brandler for prosecution.
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 guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
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.
Week in Review - South BendRead the Press Release
South Bend, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITIONS
- David G. Perry, 59, of South Bend, Indiana was sentenced to 15 months imprisonment and 2 years supervised release after pleading guilty to the felony offense of possession of a firearm as a convicted felon. According to documents filed in this case, Perry possessed a Smith & Wesson 9mm semi-automatic pistol. Perry had previously been convicted of several offenses including driving while intoxicated and possession of a firearm as a convicted felon. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald Schmid.
- Eshar Burks, 26, of South Bend, Indiana was sentenced to 18 months imprisonment and 3 years supervised release after pleading guilty to the felony offense of possessing crack with the intent to distribute. According to documents filed in this case, Burks possessed over 100 baggies containing a white substance later identified as crack. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Frank Schaffer.
Week in Review - HammondRead the Press Release
Hammond, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS
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Jennifer Grcich, 38, of Cedar Lake, Indiana pled guilty to the felony offense of theft from a federally funded organization. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has not been set. This case is being prosecuted by Assistant United States Attorney Philip Benson.
- Rolando Luis Diaz, 31, of Whiting, Indiana pled guilty to the felony offense of intentionally distributing cocaine and possession of a firearm and ammunition. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has been set for 10/30/14. This case is being prosecuted by Assistant United States Attorney Nick Padilla.
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Jane Woynaroski, 58 years old, of Valparaiso, Indiana pled guilty to the felony offense of theft from a federally funded organization. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation. Sentencing has been set for 10/15/14. This case is being prosecuted by Assistant United States Attorney Philip Benson.
- Jerome Harris, 50, of Gary, Indiana pled guilty to the felony offense of being a felon in possession of a firearm. The magistrate is recommending that the district court accept the tendered guilty plea. Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sentencing has been set for 11/6/2014. This case is being prosecuted by Special Assistant United States Attorney Armando Salinas.
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.
DISPOSITIONS
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Beaver Bernard Russell, 50, of Chicago, Illinois was sentenced to 140 months imprisonment, 2 years supervised release and to pay $4,520 in restitution after pleading guilty to the felony offense of bank robbery. According to documents filed in this case, on January 5, 2012, Russell robbed a South Bend, Indiana bank. On January 12, 2012, Russell robbed another bank located in Munster, Indiana. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney David Nozick.
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Joseph B. Miller, 50, of Chicago, Illinois was sentenced to 225 months imprisonment, 3 years supervised release and to pay $5,606 in restitution after being found guilty of the felony offense of bank robbery. According to documents filed in this case, Miller robbed a Hammond, Indiana bank on December 13, 2012. Miller was subsequently arrested, tried and found guilty by jury on June 25, 2013. This case was the result of an investigation by the Federal Bureau of Investigation and the Hammond Police Department. This case was prosecuted by Assistant United States Attorneys Jacky Jacobs and Diane Berkowitz.
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Christopher Bynum, 27, of Gary, Indiana was sentenced to 41 months imprisonment and 3 years supervised release after pleading guilty to the felony offense of conspiracy to distribute marijuana. According to documents filed in this case, as a result of a joint federal investigation, Bynum was arrested for his participation in a widespread marijuana trafficking organization. This case was the result of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Internal Revenue Service. This case was prosecuted by Assistant United States Attorney Jacky Jacobs.
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Week in Review - Fort WayneRead the Press Release
Fort Wayne, Indiana — The United States Attorney’s Office announced the following activity in Federal Court:
DISPOSITIONS
- Yohansen Fincher, 27, of Fort Wayne, Indiana was sentenced to 48 months imprisonment and 1 year supervised release after pleading guilty to the felony offense of knowingly or intentionally using a communication facility to facilitate a drug offense. According to documents filed in this case, this investigation resulted from a court approved federal wiretap which led to the identification of individuals involved in drug supply organizations. Specifically, the interceptions over Fincher’s telephone led to a delivery amount of 450 grams of cocaine. This case was the result of an investigation by the Federal Bureau of Investigation, and the Fort Wayne Safe Streets Task Force comprised of FBI special agents, and officers from the Indiana State Police, Allen County Police Department, and Fort Wayne Police Department. Fort Wayne Police Department Vice and Narcotics Division and Gant Unit, Allen County Drug Task Force, United States Marshal’s Service, New Haven Police Department, Orange County California Regional Narcotics Suppression Program, San Bernardino County, California Sheriff’s Department, and the Kanas City, Missouri Police Department Drug Interdiction Unit were also law enforcement agencies who assisted with this investigation. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
- Eddie L. Carlisle, 26, of Fort Wayne, Indiana, was sentenced to 57 months imprisonment and 2 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm. According to documents filed in this case, officers responded to a party-armed call and while heading to the reported location, officers were advised that a person was in the street firing a gun. Upon their arrival, officers observed an individual matching Carlisle’s description bend over near the front left tire of a parked vehicle and then stand back up. Officers believed that Carlisle may have placed something near the vehicle. Officers found a handgun at the spot where Carlisle had just been seen and he was taken into custody. The gun had previously been reported stolen. Carlisle had a prior conviction for the federal offense of possession with the intent to distribute a controlled substance. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
- Travon Russell, 22, of Fort Wayne, Indiana, was sentenced to 24 months imprisonment and 2 years supervised release after pleading guilty to the felony offense of being a felon in possession of a firearm. According to documents filed in this case, based on a controlled purchase of marijuana by a confidential informant, a warrant was issued for Russell’s residence. During the search of the residence, firearms, ammunition and controlled substances were located. After being advised of his Miranda Rights, Russell admitted that the items found in the residence belonged solely to him. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
United States Attorney’s Office Announces Sentence in Gun Smuggling OperationRead the Press Release
Guns from local firearm dealers were sent to Central America for resale
INDIANAPOLIS– Acting United States Attorney Josh J. Minkler, today announced the conviction and sentencing of an Indianapolis man for making false statements in connection with the purchase of firearms and then unlawfully exporting those firearms from the United States to Honduras. Alex Martinez, 41, of Indianapolis, was sentenced to 39 months in federal prison by U.S. District Judge Tanya Walton Pratt.
“Those who choose to make illegal straw purchases of firearms will be held strictly accountable,” said Acting United States Attorney Josh J. Minkler.
This joint investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) and the Department of Homeland Security, Homeland Security Investigations (“HSI”) began in May of 2010, when law enforcement authorities in Puerto Cortez, Honduras, discovered three identical, stainless steel, Beretta 9 millimeter handguns, wrapped in foam and duct tape, concealed inside a plastic, three-drawer compact disk (cd) organizer inside a cardboard box containing miscellaneous clothing and other personal items. Honduran authorities determined that the shipment of personal belongings had come from the United States, and specifically from Martinez.
A subsequent ATF trace of the three Berettas recovered in Honduras revealed that all three were purchased by Martinez in Greenwood, Indiana, in April of 2010. Further investigation by ATF and HSI revealed that between 2006 and 2010, Martinez purchased 28 handguns from federally licensed gun dealers in the Indianapolis area. Nine of those firearms were later confirmed to have subsequently been registered to various individuals in Honduras.
On June 16, 2011, ATF and HSI agents executed a federal search warrant at Martinez’ residence in Indianapolis. Agents did not find any firearms at Martinez’ residence, however Martinez admitted he had purchased the 28 handguns, shipped some of the weapons to Honduras himself, and sold some of the firearms to individuals who Martinez knew intended to ship them to Honduras. Martinez further admitted that he did not have a license to export firearms from the United States and that he knew it was wrong to export the weapons in the manner he did.
In imposing the sentence that she did, Judge Pratt found that the crimes charged in this case were exceedingly serious, particularly given the destination of the weapons. In reaching that conclusion, the Court noted that Honduras has had the highest homicide rate in the world since 2010, according to the U.S. State Department.
"ATF's mission is to remove from our communities those who would engage in or enable violent crime," stated Special Agent in Charge Michael Boxler.
"This sentence is a direct result of the dedicated efforts of HSI and our ATF partners to create a safer community for the citizens of Indiana," said Special Agent in Charge Gary Hartwig, of HSI Chicago. "Arresting those who attempt to illegally smuggle weapons out of the U.S. is an HSI priority."
According to Assistant United States Attorney Mathew Rinka, who prosecuted this case for the government, Martinez must pay a $5000 fine and serve two years of supervised release following his sentence.
Two Maryland Fishermen Plead Guilty to Illegal Fish Harvesting Conspiracy in the Chesepeake BayRead the Press Release
Michael D. Hayden, 41, and William J. Lednum, 42, both of Tilghman Island, Maryland, pleaded guilty today to conspiring to violate the Lacey Act and to defraud the United States through their illegal harvesting and sale of striped bass, announced Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division Sam Hirsch, U.S. Attorney for the District of Maryland Rod J. Rosenstein; Superintendent of the Maryland Natural Resources Police Colonel George F. Johnson IV and Regional Special Agent in Charge for the U.S. Fish & Wildlife Service Honora Gordon.
“These defendants admitted to systematically plundering the Chesapeake Bay of an important and protected natural resource, and at the expense of the many honest fishermen who play by the rules,” said Acting Assistant Attorney General Hirsch. “The Justice Department is committed to enforcing environmental laws that protect our shared natural resources and sustain the vital marine life of the Chesapeake Bay for future generations.”
According to their plea agreements, Hayden and Lednum were “captains” on fishing vessels owned by them, William J. Lednum Fisheries d/b/a Michael D. Hayden Jr. and Michael D. Hayden, Jr., Inc. The defendants also employed numerous “helpers” as part of this scheme, including co-defendant Kent Sadler.
From at least 2007 to 2011, Hayden and Lednum illegally harvested, possessed, falsely labeled and/or sold at least 185,925 pounds of striped bass. They used illegally weighted and/or anchored gill nets, left the nets in the water overnight, and set the nets during times when the commercial striped bass gill-netting season was closed. The defendants exceeded their maximum daily vessel limit of striped bass and either unloaded the surplus onto an anchored vessel or paid others a fee to check-in fish for them. Hayden and Lednum falsified the permit allocation cards and daily catch records for their striped bass fishing trips to over-report the numbers of striped bass caught and under-report the weights. This allowed them to request additional state tags under false pretenses and therefore harvest additional striped bass illegally.
Hayden and Lednum shipped and sold $498,293 worth of striped bass to wholesalers in New York, Pennsylvania, Delaware and Maryland. None of the fish was properly reported at check-in stations or on the permit allocation cards of daily catch records submitted to the state of Maryland. Maryland in turn submits such paperwork to numerous federal and interstate agencies responsible for setting harvest levels all along the eastern seaboard.
The investigation in this case started in February 2011 when the Maryland Department of Natural Resources found tens of thousands of pounds of striped bass snagged in illegal, anchored nets before the season officially reopened. The conspirators were seen on the water in the vicinity of the illegal nets. The subsequent investigation unveiled a wider criminal enterprise to which Hayden and Lednum pleaded guilty today. Co-defendant Kent Conley Sadler, 31, also of Tilghman Island, previously pleaded guilty to his participation in the conspiracy and is scheduled to be sentenced on Oct. 21, 2014.
Hayden and Lednum face a maximum sentence of five years in prison and a $250,000 fine. The defendants have agreed to pay restitution to the state of Maryland of between $498,293 and $929,625. The defendants have further agreed to forfeit the monetary equivalent of 80 percent of the value of the vessel primarily used during the conspiracy. U.S. District Judge Richard D. Bennett scheduled sentencing for Hayden and Lednum on Nov. 4 and Nov. 5, 2014 respectively.
This case was investigated by investigators from the Maryland Department of Natural Resources and special agents with the United States Fish and Wildlife Service. The case is being prosecuted by Assistant U.S. Attorney Michael Cunningham, of the District of Maryland, and Todd W. Gleason and Shennie Patel of the Environmental Crimes Section of the Environment and Natural Resources Division of the U.S. Department of Justice.Two Lummi Tribal Members Charged with Dealing Heroin and MethamphetamineRead the Press Release
Two members of the Lummi Indian tribe are charged federally with drug distribution following an undercover investigation by the Lummi Police Department and the FBI, announced U.S. Attorney Jenny A. Durkan. A married couple, TANYA JEFFERSON, 44, and JOHN JEFFERSON, 37, are charged in a criminal complaint with conspiracy to distribute controlled substances. The complaint alleges that on five different occasions in April 2013, the JEFFERSONs sold heroin or methamphetamine to a person working with law enforcement. TANYA JEFFERSON is making her initial appearance in U.S. District Court in Seattle today. JOHN JEFFERSON is still being sought by law enforcement.
“Heroin abuse is a growing problem throughout Western Washington, with an alarming increase in overdose deaths,” said U.S. Attorney Jenny A. Durkan. “Yesterday Attorney General Holder announced plans for federal law enforcement agents to carry the drug naloxone to deal with overdoses. I applaud the Lummi Tribe for already equipping their officers with the drug to counteract heroin overdoses.”
Tribal Chairman Timothy J. Ballew, II issued the following statement:
“The Lummi Nation, a community of about 5,000 citizens, is responding to an epidemic of drug overdose and death due to illegal drug use by community members of all backgrounds. With funding from the Lummi Indian Business Council, the Lummi Nation Police Department has made the investigation of drug trafficking and sales a top priority. With the assistance of the Federal Bureau of Investigation and the U.S. Attorney’s Office for the Western District of Washington, more high level dealers are facing significant incarceration.
Medical professionals at the Lummi Nation have also made significant strides to limit access to prescription drugs by patients seeking prescription medications for illicit use. The Nation has seen a massive shift to cheap and prevalent heroin as the availability of prescription narcotics diminishes. In partnership with Lummi public health agencies, Lummi Nation police officers have been trained to administer naloxone, an opioid blocker to help prevent needless deaths in the community. Officers are trained to recognize the signs and symptoms of a citizen experiencing a life threatening heroin or opioid overdose. In the first six weeks of the program, officers have successfully administered naloxone in three overdose situations. Naloxone doesn’t substitute for emergency care but provides more time for medical units to arrive and treat the victim.”
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by the Lummi Police Department and the FBI. The case is being prosecuted by Assistant United States Attorney Jerrod Patterson.
Two Associates of La Cosa Nostra Sentenced for the July 2, 2010 Robbery and Murder of A Brooklyn BusinessmanRead the Press Release
Earlier today, Louis Grasso and Richard Riccardi were sentenced before Judge John Gleeson in U.S. District Court in Brooklyn, New York, to 38 and 36 years in prison, respectively, for the robbery and murder of James Donovan on July 2, 2010. The defendants were convicted after trial in March 2014.
The sentences were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and James J. Hunt, Acting Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division.
“For more than 20 years, these defendants have preyed on our community by engaging in narcotics and firearms trafficking, burglary, and, most recently, robbery and murder,” stated United States Attorney Lynch. “The sentences imposed appropriately reflect both the seriousness of the crimes of conviction and the long history of crimes that these recidivist offenders have committed.”
According to the government’s trial evidence, and as recounted in the government’s sentencing memorandum, the defendants, along with two other associates, robbed and murdered Donovan, who operated a check-cashing business, in front of an auto body shop in the Gravesend section of Brooklyn. The plan to rob Donovan was hatched by Riccardi, who recruited Grasso and two other men into the scheme. Riccardi supplied the men with loaded firearms to use in the robbery and agreed to drive the “crash car,” used to block off or delay law enforcement pursuing the robbery crew.
During the course of the robbery, the defendant Grasso, with a co-conspirator, ambushed Donovan, pointed a gun at him, and grabbed a bag full of cash and checks from Donovan’s car. When Donovan tried to flee, the co-conspirator shot him in the leg, severing Donovan’s femoral artery. Donovan died of his wounds later that day. Grasso, Riccardi, and the co-conspirators sped off with approximately $200,000 in cash, which they later divided among themselves.
Law enforcement subsequently recovered from Riccardi’s home firearms, ammunition, a ballistic vest, and narcotics trafficking paraphernalia, among other items. A search of Grasso’s home and garage also yielded firearms, ammunition, masks, and a list of police radio codes. Riccardi has prior federal convictions for narcotics trafficking and possession of firearms. Grasso has prior federal convictions for bank larceny, burglary, and narcotics trafficking.
The government’s case was prosecuted by Assistant United States Attorneys Nicole M. Argentieri and Darren LaVerne.
The Defendants:
RICHARD RICCARDI
Age: 41
LOUIS GRASSO
Age: 46
Thirty-three People Indicted for Drug Trafficking and Distribution of HeroinRead the Press Release
A 40-count indictment was filed in U.S. District Court charging 15 people for their roles in a conspiracy that brought heroin from Chicago to be sold around Ravenna and Akron, law enforcement officials announced today.
An additional 18 people were indicted in the Portage County Court of Common Pleas on related state charges including trafficking in heroin, trafficking in cocaine, trafficking in marijuana, illegal manufacture of methamphetamine, permitting drug abuse and child endangering.
The arrests and indictments were announced by U.S. Attorney for the Northern District of Ohio Steven M. Dettelbach, Portage County Prosecutor Vic Vigluicci, FBI Special Agent in Charge Stephen D. Anthony, ATF Special Agent in Charge Michael Boxler, Akron Police Chief James Nice, Portage County Sheriff David Doak and Summit County Sheriff Steve Barry.
All 15 people indicted in federal court face a charge of conspiracy to possess with intent to distribute heroin. Additional counts include distribution of heroin, maintaining houses as drug premises, possession of firearms during drug trafficking crimes, being a felon in possession of firearms and ammunition, possession with intent to distribute cocaine and related charges.
Those indicted in federal court are:
Rashid L. Carter, 29, of Akron; Andre G. White, 36, of Streetsboro; Laverne Eugene Fortson, 40, of Akron; Andre S. Brumley, 29, of Akron; Hershell D. Hill, 31, of Ravenna; Jasmine M.A. Sanders, 22, of Massillon; Chanda E. Wilson, 44, of Chicago; Shem S. White, 31, of Akron; Jessica L. Money, 37, of Akron; Austin Marshall, 31, of Stow; Algyn M. Kerney, 33, of Akron; Walter Collins III, 41, of Ravenna; Michelle L. Spencer, 32, of Akron; Marvin R. Sanders, 26, of Kent, and Keith E. Krause, 32, of Kent.
“Heroin abuse is an epidemic in our community that takes lives and destroys families,” Dettelbach said. “We will continue to target drug traffickers while also working to reduce demand and get treatment for those who need it.”
“These individuals collaborated to deliver poison to our streets and we collaborated to bring them to jail,” Anthony said. “This takedown is another outstanding example of what can be accomplished when local, state and federal agencies work together to protect our community.”
“This is an example of our working relationships with other law enforcement in the community to attack our most serious problem,” Nice said.
“It is important that we coordinate our efforts if we are to make a dent in this flood of heroin which these criminals are bringing into our counties,” Vigluicci said.
“ATF's mission is to identify, pursue, and perfect criminal cases against individuals who illegally possess and use firearms in furtherance of their criminal activities,” said ATF Special Agent in Charge Michael Boxler. “We will continue to work with the FBI, the U.S. Marshals Service, the Akron Police Department’s Drug Unit, the Portage County Sheriff’s Office Drug Unit and others to ensure that those who foster violence in this region are held to account for their activities.”
“This operation is an example of the proactive/zero-tolerance approach we are taking in response to the heroin epidemic,” Barry said. “It is crucial to shut down the dealers and get the heroin off of our streets.”
According to the federal indictment:
The conspiracy took place from as early as September 2013 and continuing through July 2014. During that time, Andre G. White supplied heroin to Laverne Eugene Fortson and Rashid L. Carter. In turn, Fortson and Carter provided heroin to Andre T. Brumley for distribution in and around Akron and Ravenna.
Carter also purchased heroin from a supplier in the Chicago area for distribution in and around Akron. He and Fortson supplied heroin to several dealers in Akron, some of whom in turn distributed the drug to other dealers.
Carter, Jasmine M.A. Sanders and Chanda E. Wilson transported heroin from Chicago to Akron and drug proceeds back to Chicago from Ohio. Fortson and Algyn M. Kerney provided cash to facilitate these Chicago drug transactions.
Walter Collins, III, and others facilitated heroin transactions for Fortson by, among other things, acting as couriers.
White, Fortson, Carter and Brumley owned and rented properties that they used to store, process, and distribute heroin. Those properties were on Belden Avenue, Greenwood Avenue and Waterloo Road in Akron.
It was further part of the conspiracy that White, Fortson, Carter, Shem S. White and Hershell D. Hill possessed firearms to protect themselves and their drug proceeds.
Carter illegally possessed a Firestar, .45-caliber pistol, a Taurus, model 85, .38 special revolver and ammunition on June 6, 2014, despite previous convictions for possession of cocaine in Portage County and failure to comply with a police officer in Summit County.
Fortson illegally possessed a Harrington and Richardson 16-gauge shotgun and ammunition on June 18, 2014, despite a previous conviction for aggravated trafficking in Portage County.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This investigation was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Summit County Drug Unit, the Akron Police Department and the Portage County Drug Unit, with assistance from the U.S. Marshal’s Service, the Ohio State Highway Patrol and the Portage County Prosecutor’s Office. The matter is being prosecuted by Assistant U.S. Attorneys David M. Toepfer and M. Kendra Klump.
An indictment in only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
St. Petersburg Man Arrested for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that Robert Jay Berman (64, St. Petersburg) has been arrested and charged in a criminal complaint with attempted persuasion, inducement, enticement, or coercion of a minor to engage in sexual activity. If convicted, he faces a mandatory minimum sentence of 10 years, up to life in federal prison. Berman made his initial appearance in federal court today before U.S. Magistrate Judge Thomas B. McCoun III and was ordered detained. A bond hearing is set for August 5, 2014 at 2:00 p.m.
According to the attached criminal complaint, beginning in February 2014 and continuing until his arrest, Berman engaged in a series of sexually explicit online chats, via text message, and through email, with a person whom Berman believed was a 14-year-old girl. In fact, the person on the other end of Berman’s communications was an undercover agent. In the course of Berman’s communications, he sent the agent an email with a photograph depicting his exposed genitalia. On July 31, 2014, after making arrangements to meet the “14-year-old girl” at a public location, Berman was arrested.
A criminal complaint is merely an informal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation and the St. Petersburg Police Department. It will be prosecuted by Assistant United States Attorney Joseph W. Swanson.
It is another case 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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Smuggler of Counterfeit Levi Labels Sentenced to Six Months in PrisonRead the Press Release
United States Attorney Laura E. Duffy announced today that a Washington State resident was sentenced by U.S. District Judge Barry Ted Moskowitz to serve six months in custody for smuggling counterfeit Levi Strauss tags, labels and buttons into the United States. Angel Garcia Hernandez admitted that on December 28, 2013, he entered the United States from Mexico with a duffel bag stuffed with counterfeit Levi Strauss buttons, tags and labels, which he intentionally failed to declare. Hernandez possessed enough counterfeit labels to manufacture 3,000 pairs of counterfeit Levis 501 jeans, which were valued at $192,000.
An hour and a half later the same day that Garcia Hernandez entered the United States, defendant Amadeo Calderon Valdivinos also entered the United States from Mexico at the same Port of Entry, with enough counterfeit Levi Strauss buttons, tags and labels to make $127,000 of counterfeit 501 jeans. Valdivinos pled guilty in Criminal Case 13cr4346-JAH, and was sentenced in April to four months in custody by U.S. District Judge John A. Houston.
“Intellectual property crimes, such as the counterfeit trademark offenses in these cases, strike at the heart of America’s modern economy,” said U.S. Attorney Laura Duffy. “Those who seek to steal and misuse intellectual property should know that the Department of Justice and our law enforcement partners will use the full range of enforcement tools available – including, where appropriate, criminal prosecution – to prevent these offenders from profiting at the expense of the reputation of United States companies and individuals.”
DEFENDANT Case Number: 14cr1034-BTM Angel Garcia Hernandez Age: 55 Bridgeport, Washington CHARGESSmuggling, in Violation of Title 18, United States Code, Section 545.
Maximum Penalties: 20 years in custody and/or $250,000 fine, $100 special assessment.
DEFENDANT Case Number: 13cr4346-JAH Amadeo Calderon Valdivinos Age: 55 Rialto, California CHARGESSmuggling, in Violation of Title 18, United States Code, Section 545.
INVESTIGATING AGENCY
Maximum Penalties: 20 years in custody and/or $250,000 fine, $100 special assessment.U.S. Department of Homeland Security, Office of Immigration and Customs Enforcement
*Indictments and complaints are not evidence that the defendant committed the crime charged. All defendants are presumed innocent until the United States meets its burden in court of proving guilt beyond a reasonable doubt.
Sex Trafficker Sentenced to 25 Years in Federal PrisonRead the Press Release
United States Attorney Andrew M. Luger today announced the sentencing of MARKEACE CANTY a/k/a “QUAKE,” 33, to 300 months in federal prison for prostituting a child throughout the Upper Midwest, including in Minnesota, Illinois, Indiana, North Dakota, and Wisconsin. CANTY was indicted on May 6, 2013, and found guilty by a federal jury on September 12, 2013, of Conspiring to Commit Sex Trafficking of a Child, and Sex Trafficking of a Child.
“This defendant sexually trafficked a young woman for his own personal enrichment,” said U.S. Attorney Luger. “Victims of sex trafficking may never fully recover from the harm done to them, and this office will continue to prosecute aggressively those who prey on children.”
Assistant U.S. Attorney Thomas Calhoun-Lopez said: “Markeace Canty reaped great financial rewards by exploiting a child. He used money gained by advertising and selling an underage girl in order to buy personal items like jewelry and a flat-screen television. In doing so, he exposed the victim to physical and psychological harm. The lengthy sentence handed down today clearly demonstrates that, whatever the financial gain, the cost of these crimes is too high.”
As proven at trial and according to documents filed in court, from at least July 2012 through in or about January 2013, CANTY trafficked at least one girl for the purpose of prostitution in at least five states. The defendant placed sexually suggestive advertisements in the “adult entertainment” section of a website called backpage.com. CANTY and the trafficking victim were observed multiple times by law enforcement officials at various hotels in locations for which he had placed ads on backpage.com, including one incident in which she agreed to perform sexual acts with an undercover police officer in exchange for $200. The victim was arrested at least once on suspicion of engaging in prostitution during this time period.
On January 14, 2013, agents from the Federal Bureau of Investigation (FBI) and Grand Forks Police Department executed a search warrant for a hotel room booked in CANTY’S name. Pursuant to federal warrants, agents seized an iPhone belonging to CANTY containing photographs used in backpage.com advertisements linked to the defendant’s cell phone number. Also contained on the iPhone were photographs of CANTY displaying large sums of cash, jewelry, and a flat-screen television.
This case was prosecuted by Assistant U.S. Attorney Thomas Calhoun-Lopez.
United States Attorney Andrew M. Luger thanked the Federal Bureau of Investigation, Duluth Police Department, Porter County Sheriff’s Department (IN), Grand Forks Police Department (ND), Fargo Police Department (ND), and the Grand Forks Sheriff’s Department (ND), for their assistance with the investigation.
Defendant Information:
MARKEACE CANTY a/k/a “QUAKE,” D.O.B. 8/23/1980
Duluth, MN
Convicted:
• Conspiring to Commit Sex Trafficking of a Child, 1 count
• Sex Trafficking of a Child, 1 count
Sentenced:
• 300 months in prison
• 180 month term of supervised releaseSacramento Man Indicted for Sharing Child Pornography FilesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment Thursday, charging Michael Bailey, 59, of Sacramento, with receipt and distribution of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, law enforcement officers conducting an undercover investigation into online child pornography being shared over peer-to-peer networks located an Internet user in Sacramento making child pornography available for download. When officers executed a search warrant at Bailey’s home, a computer containing the pornographic videos was recovered.
This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Valley Internet Crimes Against Children Task Force. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
Bailey was arrested on July 22, 2014, and has been in custody since then. He is scheduled to be arraigned on August 6, 2014.
If convicted, Bailey faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. A conviction for receipt or distribution of child pornography carries a mandatory minimum sentence of five years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. Click on the “resources” tab for information about Internet safety.
Philadelphia Man Sentenced to 108 Months in Prison for Sexual Contact with A MinorRead the Press Release
Jackson, Miss. – Brandon Farmer, 21, of Philadelphia, Miss., was sentenced on July 31, 2014 by Senior U.S. District Judge Tom S. Lee to 108 months in prison followed by 5 years of supervised release for sexual contact with a minor under the age of twelve, announced U.S. Attorney Gregory K. Davis. Farmer must also register as a sex offender. Farmer previously pled guilty to the crime which occurred on the tribal lands of the Mississippi Band of Choctaw Indians.
The case was investigated by the Federal Bureau of Investigation and the Choctaw Police Department. It was prosecuted by Assistant U.S. Attorney Patrick Lemon.If you believe you have been a victim of fraud from a person or an organization soliciting relief funds on behalf of storm victims, contact the National Center for Disaster Fraud toll free at:
(866) 720-5721
You can also fax information to:
(225) 334-4707
or e-mail it to:
Making sure that victims of federal crimes are treated with compassion, fairness and respect.
Training and seminars for Federal, State, and Local Law Enforcement Agencies.
Help us combat the proliferation of sexual exploitation crimes against children.
Pennsylvania Man Sentenced to 15 Years in Prison for Scheme to Rob Drug Dealers and Sell Their CocaineRead the Press Release
CAMDEN, N.J. - A Pennsylvania man was sentenced today to 180 months in prison for his role in a conspiracy to rob a drug stash house in order to sell the stolen cocaine, U.S. Attorney Paul J. Fishman announced.
Ralph Dennis, 35, and conspirator Terrance Hardee, a/k/a “Fat Cat,” 37, both of Philadelphia, were previously convicted of one count of conspiracy to commit robbery and one count of conspiracy to possess more than five kilograms of cocaine with intent to distribute. Dennis was also found guilty of using and carrying a firearm during a violent crime. The jury returned the verdict on the second day of deliberations following a three-week trial before U.S. District Judge Joseph E. Irenas, who imposed Dennis’ sentence today in Camden federal court.
Hardee awaits sentencing.
According documents filed in this case and the evidence at trial:
In June and July of 2012, Dennis and Hardee planned a gunpoint robbery of a drug stash house. They prepared to steal multiple kilograms of cocaine from the drug dealers at the location, then sell it themselves to make a profit.
During the investigation, Dennis was recorded discussing his willingness to kill anyone they found inside the house as they were robbing it. Hardee was recorded talking about his role – tying up the house’s occupants with zip ties.
Special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested the pair when they arrived in Maple Shade, New Jersey, on July 16, 2012, on their way to the robbery location, with Dennis carrying a gun. Dennis and Hardee also brought gloves, and zip ties were found in the car they drove to Maple Shade.
In addition to the prison term, Judge Irenas sentenced Dennis to five years of supervised release.
U.S. Attorney Fishman credited ATF special agents in Cherry Hill, New Jersey, under the direction of Special Agent in Charge Robin Shoemaker, with the investigation leading to today’s sentence.
The government is represented by Assistant U.S. Attorneys Jacqueline M. Carle and Matthew T. Smith of the U.S. Attorney’s Office Criminal Division in Camden.
14-278
Defense counsel: Thomas Young and Christopher O’Malley, Esqs. Assistant Federal Public Defenders, Camden
Palisade Man Sentenced to Federal Prison for Attempted Armed Bank RobberyRead the Press Release
DENVER – Jose O. Jimenez, of Palisade, Colorado, was recently sentenced by U.S. District Court Judge R. Brooke Jackson to serve 210 months (over 17 years) in federal prison for attempted armed bank robbery, United States Attorney John Walsh and FBI Denver Division Special Agent in Charge Thomas Ravenelle announced. Following his prison sentence, Jimenez was ordered to serve 5 years on supervised release. Jimenez was one of three people indicted for their involvement in, or knowledge of, the August 2011 attempted armed robbery of the Palisades National Bank. Jimenez pled guilty before Judge Jackson on March 20, 2014. He was sentenced by Judge Jackson on July 25, 2014.
Co-defendant Bryan Morrow, of Palisade, Colorado, pled guilty before Judge Jackson on October 8, 2013. He was sentenced by Judge Jackson on June 18, 2014 to serve 120 months (10 years) in federal prison, followed by 5 years on supervised release. Finally, Nicole Kozic, age 25, of San Bernardino, California, who knew that Jimenez and Morrow were involved in the attempted bank robbery, pled guilty to a Class A misdemeanor, interfering with an extradition agent before U.S. District Court Judge Robert E. Blackburn also on March 20, 2014. Kozic lied to an FBI agent who was working on locating Jimenez to extradite him to Washington State to face earlier criminal charges there. She was sentenced by Judge Blackburn to serve 5 years’ probation.
According to the stipulated facts in Jimenez’s plea agreement, as well as other court documents, on Saturday morning, August 20, 2011, co-defendant Bryan Morrow drove defendant Jose Jimenez from Morrow’s home in Palisade, Colorado, to the Palisades National Bank, just a few blocks away. Morrow was driving a yellow Nissan XTerra. At approximately 8:20 a.m., Morrow dropped off Jimenez near the bank and positioned himself so he could watch the outside of the bank building. He and Jimenez had two-way radios to communicate with each other. At 8:25 a.m. the Manager of the Palisades National Bank entered the bank by the side door before it opened to the public. As per his usual routine, he checked the bank for security, and then let in the two waiting tellers through the front door. He then went back to the side entrance and opened the door, with the intent to go back to his car to retrieve items. The tellers were setting up their stations. When the bank manager opened the door, he saw work boots underneath the apricot trees by the back door. He was then confronted by Jimenez, who was carrying a gun in his right hand, wearing a black hoodie covered by a reflective work vest, a camouflage mask over half his face, jeans and work boots. He ordered the manager back into the bank. When one of the tellers realized a man with a gun was in the bank, she discretely pushed the silent alarm.
Jimenez ordered the bank manager to call the tellers to his location. He ordered the tellers to kneel, and place their hands on the wall. A third teller arrived and knocked on the door, and Jimenez ordered that she be let in. She joined the other two tellers kneeling at the wall. Jimenez went through her purse and pulled out her car keys. He asked that teller what kind of car she drove, and she responded that she drove a white mini-van.
Jimenez ultimately got the bank manager and a teller to open the bank’s vault. He ordered a teller to spread the money out on the counter to ensure it contained no dye packs. The tellers then put the money into a backpack Jimenez had found behind the counter in the bank and had emptied. The backpack belonged to a teller. Jimenez had a two-way radio, with which he spoke to Morrow. Morrow told Jimenez that someone was coming. Jimenez cocked the weapon and took the manager to the front door while the tellers continued with the money. A Palisade Police Officer arrived at the front door and knocked. Jimenez told the manager to meet the police officer. The bank door was opened, and the officer asked, “Is everything ok?” The manager discretely shook his head “no” and the officer saw Jimenez. Jimenez ordered the officer onto the floor and touched the muzzle of his gun to the officer’s head. Jimenez then obtained the officer’s weapon. The officer’s radio was on, and dispatch was requesting a status check. Jimenez told him to tell dispatch everything was fine, which he did.
When Jimenez went to check on the tellers’ progress, the officer leapt up and ran out of the bank. He immediately called for backup. Jimenez ran out of the bank after the officer. Because the bank was not yet open to the public, the door of the bank locked behind Jimenez and he could not get back into the bank after he broke off pursuit of the officer, who escaped unharmed. Jimenez, who could not access the substantial sum of money being prepared for him inside, entered the white mini-van and then met up with Morrow. Jimenez abandoned the mini-van and got into the front passenger seat of Morrow’s XTerra, and Morrow drove away from the bank.
This case was investigated by the FBI and the Palisade Police Department.
The defendants were prosecuted by Assistant U.S. Attorney Michelle Heldmyer.
Old Orchard Beach Man Pleads Guilty to Pharmacy RobberyRead the Press Release
Contact: Michael J. Conley
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Billy
Schildroth, 37, of Old Orchard Beach, Maine, pled guilty today in U.S. District Court before
Judge Nancy Torresen to pharmacy robbery.According to court records and evidence introduced at the plea hearing, on February 13,
2014, Kyle Desmarais drove Billy Schildroth to a Rite Aid pharmacy located in Old Orchard
Beach so that Schildroth could rob the pharmacy. Schildroth absconded with Oxycontin
(oxycodone) and Suboxone (buprenorphine) after putting his hand inside his coat and telling the
pharmacist that he had “a gun and five bullets” and not to alert anyone or he would shoot the
pharmacist in the face.
On June 20, 2014, Desmarais pled guilty to aiding and abetting pharmacy robbery.Schildroth faces up to 20 years in prison and a $250,000 fine. He will be sentenced after
completion of a presentence investigation report by the U.S. Probation Office.The investigation was conducted by the Federal Bureau of Investigation and the Old
Orchard Beach Police Department.Nine Indicted on Drug, Gun ChargesRead the Press Release
CHARLOTTESVILLE, VIRGINIA – In an indictment returned under seal on July 23, 2014, and unsealed today following the initial court appearances of the final defendants, a federal grand jury sitting in the United States District Court for the Western District of Virginia in Charlottesville has indicted nine individuals on a variety of charges related to a conspiracy to distribute heroin, crack cocaine and powder cocaine, as well as several charges related to the illegal possession and use of firearms.
The grand jury has charged the following:
- Solomon Anthony Francis, 25, of Culpeper, Va., with one count of conspiracy to distribute crack cocaine, one count of conspiracy to distribute heroin, one count of distributing crack cocaine, one count of distributing heroin and one count of distributing a controlled substance near a playground.
- James Alexander Clore, 23, of Culpeper, Va., with one count of conspiracy to distribute crack cocaine, one count of conspiracy to distribute heroin, four counts of distributing crack cocaine, four counts of distributing a controlled substance near a playground, two counts of attempting to distribute crack cocaine, one count of distributing heroin and two counts of possession of a firearm in furtherance of a drug trafficking crime.
- Renee Harris, 43, of Charlottesville, Va., with one count of conspiracy to distribute crack cocaine, one count of conspiracy to distribute heroin, one count of maintaining drug-involved premises near a playground and one count of distribution of a controlled substance near a playground.
- Marcus Lee Strother, 23, of Culpeper, Va., with one count of conspiracy to distribute crack cocaine, one count of conspiracy to distribute heroin and two counts of distributing a controlled substance near a playground.
- Richard A. Barracks, 32, of Esmont, Va., with one count of conspiracy to distribute crack cocaine, one count of conspiracy to distribute heroin, two counts of possession with the intent to distribute heroin, one count of distributing crack cocaine and one count of illegal possession of a firearm by a prohibited person.
- Jamel Jovan Jackson, 24, of Charlottesville, Va., with one count of conspiracy to distribute crack cocaine, one count of distributing crack cocaine and one count of possession of cocaine.
- Octavius Deshaw Eubanks, 20, of Charlottesville, Va., with one count of conspiracy to distribute crack cocaine.
- Richard Jerome Koonce, III, 41, of Charlottesville, with one count of conspiracy to distribute heroin, one count of possession of heroin and one count of possession of cocaine.
- Reg-juan Antonio Smith, 20, of Charlottesville, Va., with one count of conspiracy to distribute crack cocaine, one count of distribution of crack cocaine and one count of possession of stolen firearm.
According to the indictment, members of the group conspired to distribute more than 280 grams of crack cocaine and a measurable amount of heroin from January 2013 to the present. In addition, Renee Harris is accused of maintaining a drug house at 366 Riverside Avenue in Charlottesville, within 1,000 feet of Christ Community Church and Riverview Park where two public playgrounds are located.
The indictment also accuses several members of the conspiracy of illegally possessing and using firearms, including a stolen firearm.
The investigation of the case was conducted by the Jefferson Area Drug Enforcement Task Force, the Charlottesville Police Department, the Albemarle County Police Department, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Culpeper Police Department and the Commonwealths Attorney’s Offices for the City of Charlottesville and the County of Albemarle. Special Assistant United States Attorneys Joseph Platania and Elliott Casey and Assistant United States Attorney Ronald Huber are prosecuting the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.